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09/05/1978 - City Council Regular MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 5, 1978 A regular meeting of the Eagan City Council was held on September 5, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Smith, Wachter and Egan. Also present were: City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. City Clerk Alyce Bolke was absent. AGENDA. After the Pledge of Allegiance, Parranto moved and Egan seconded the motion to approve the agenda with the exception that the Lynn Thiele applica- tion for waiver of plat was continued at the request of the applicant. All members voted in favor. MINUTES. The minutes of the August 15, 1978, meeting were approved with the following additions: (a) On page 7, conditional use permit is for Don Chapdelaine; (b) On Page 9, Rahn Park Tennis Court, Parranto moved and seconded the motion that the matter be delayed to the next meeting to afford the Councilmen time to review the damage to the tennis courts. All members voted in favor. (c) On Page 9, International Building Inspection's Conference, all members voted in favor. (d) On Page 10, Project #155A, all members voted in favor of the motion. Smith moved and Egan seconded the motion, all members voting yes, to adopt the minutes as revised. POLICE DEPARTMENT. Police Chief Martin DesLauriers appeared: 1. The Police Chief recommended the purchase of two additional squad cars and recommended that bids be advertised and received at 3:30 p.m. on September 28, 1978, at the City Hall. Wachter moved and Smith seconded the motion, all members voted in favor to authorize the advertising for bids to be opened on the date mentioned above. All members voted yea. 2.. Wilderness Run Road. A request has been received for three new speed control signs at 30 mph. on Wilderness Run Road. Parranto moved and Wachter seconded the motion, all members voted yes to approve the recommendation. Page 2 September 5, 1978 3. Blackhawk Road Stop Sign Request. Mr. Mike Schumacher was present together with a neighbor requesting a stop sign on Blackhawk Road between Deerwood and Silver Bell Roads to control speed. Mr. DesLauriers recommended that two more speed signs be installed rather than a stop sign. Smith moved and Egan seconded the motion, all members voted in favor to approve the installation of two speed signs on a test basis for a six week period. 4. Speed Limit on Deerwood Drive. A request from owners along Deerwood Drive between Riverton and Elackhawk Roads requesting reduction in speed was discussed. Wachter moved and Parranto seconded the motion to request a speed survey and that the speed be reduced to 35 mph on the above portion of Deerwood Drive. All members voted in favor. PUBLIC WORKS DEPARTMENT. 1. Water Well Test. Mr. Hedges recommended that Healy Laboratories of St. Paul be authorized to provide well water analysis services to the City. Smith moved and Egan seconded the motion, all members voted in favor to approve the recommendation. 2. Mr. Branch recommended to the City Council that certain water mains and sewer mains be lowered below frost levels throughout the City. Wachter moved and Parranto seconded the motion, all members voted aye to authorize the Public Works Superintendent to acquire bids and to report to the Council on the proposed cost. 3. Gas Explosion on Carnelian and Cedar Avenues. Councilman Wachter requested that the City Administrator acquire a complete report from the natural gas company concerning the explosion on Carnelian and Cedar Avenues and that the report be submitted to the City Council. JKR COMPANY PRELIMINARY PLAT AND SHOPPING CENTER PLAN. At 7:10 p.m., Mayor Murphy then introduced the next application for consideration by the Council Page 3 September 5, 1978 regarding the application of JKR Company for preliminary plat approval and plan approval for a proposed community shopping center at the Northeast quadrant of Crestridge Lane and Pilot Knob Road. After introductory remarks made by Mayor Murphy concerning the conduct of the meeting, he introduced John Voss of Urban Planning and Design, the Eagan planning consultant. Mr. Voss explained the background of the zoning and intended use of the 6.2 acre parcel located in Pilot Knob Heights Planned Development plus the 10 acre parcel to the North zoned CSC. He explained the history of the Planned Development and noted that at the present the general area within the Planned Development is zoned R-3 - PD. An information sheet dated September 5, 1978, concerning the 6.2 acre parcel was distributed to the persons present at the meeting including a large number of neighboring residents and others interested in the applications. Mr. Voss stated that basically there appear to be two questions regarding the zoning of the commercial development: 1) Whether the zoning of the property would permit commercial use and he indicated that it was his opinion that a commercial development could be constructed on the property, and 2) Whether the proposed JKR development would be permitted under the current zoning and commercial use designation for the 6.2 acre parcel. He stated that the 1971 PUD sketch plan provided for a forty thousand square foot office building and a convenience center of thirteen thousand square feet approximately. He indicated that the City Council had some discretion in determining whether the proposed development was appropriate in the location. It was noted that four meetings had been held with the developer and that the staff had recommended to the developer that the developer rezone the property to conform to the specific use of community shopping center, in which the developer never made application for. The owner had applied and received Planning Commission approval in 1975 to convert the 6.2 acre parcel to Townhouse use. The owner did not proceed with the application to the City Council. There was concern by Page 4 September 5, 1978 neighboring residents regarding the noise, excess in traffic on Crestridge Avenue, objections to the North - South street running parallel to Pilot Knob Road which would cause excessive traffic on Crestridge, the scale of the development in relation to the original plan of convenience center and office and the impact that a commercial development of that size as proposed by JKR Company would have on the commercial development in Yankee Square recently expanded. Attorneys present included Robert Tansey for the adjacent condominium owners, Joseph Abramson for JKR Company and Kenneth Ketchum for Yankee Square Shopping Center tenants. Each party was given the right to make a presentation. Mr. Abramson suggested that the Council look at the original intent of the development. In addition, Mr. Gary Tankeroff of Hillcrest Development appeared and had questions concerning roads running North. John Klein appeared for JKR Company and explained that Johnny Cake Ridge Road connects with Duckwood Drive running parallel with 35E. He stated that not one single part of Pilot Knob Heights Planned Development was developed according to the original plan and it was schimatic only. Herecommended that the offices and convenience center were only concepts and not intended as ultimate development and that the Council had discretion within the commercial zoned category to allow a commercial development. The Council received the minutes of the APC including procedural questions which made no recommendation to the Council on July 25, 1978. There were numerous questions from members of the audience and Councilmen expressed opinions regarding the development. At approximately 9 p.m., Councilmember Parranto moved and Egan seconded the motion that the shopping center plan and preliminary plat be denied. The reasons for denial included those stated above and the following: 1. The exhibit attached to the Planned Unit Development Agreement shows the area to be used for convenience center and office building which provides a less dense and lower commercial use and less impact on the area than the community shop- ping center proposed. Page 5 September 5, 1978 2. The proposal requires a combination of a 6.2 acre planned unit development parcel with 10 acres CSC to the North into a single development site which is not allowable without a modification of the Planned Unit Development Agreement which the developer elected not to apply for. 3. The designation on the 6.2 acre site was not revised when the new zoning ordinance code was adopted in 1975 and the designated use under the planned development agreement does not allow for a community shopping center as proposed. 4. There is a parcel of property to the North including the 10 acre parcel in the proposed development zoned Community Shopping Center which would provide sufficient large scale shopping facilities in the central portion of Eagan. 5. It would create excessive commercial development in the general area at the present time given the existing commercial development which could cause economic blight for existing commercial facilities. 6. The Planned Development Agreement appears to allow convenience center and office building uses on the 6.2 acre parcel and the contract should be strictly construed. Those in favor were: Parranto, Egan, Smith and Wachter. Against: Murphy. Mayor Murphy indicated that it was his opinion that the property was designated for commercial use and the development did conform with the zoning of the property. CARLSON LAKE TRUNK STORM SEWER HEARING PROJECT #246. The Mayor then convened the public hearing regarding Project #246 concerning trunk storm sewer outlet for Carlson Lake. The proposal was explained by City Engineer Rosene and a large number of affected property owners were present. It was noted in Wilderness Run Second Addition and Wilderness Run Fourth Addition there would be credits because of installation by the developer of necessary portions of trunk storm sewer oversizing. Bruce Sandstrom of the Department of Natural Resources appeared and indicated that the DNR has set the high water level mark at 842 feet Page 6 September 5, 1978 and recommended the outlet at 840.5 feet above sea level. A proposed lift station would be on the South side of the lake on land owned by the City. William McMonigal eppeared and questioned the proposed trail on the South side of the lhke. Mr. Sandstrom stated that the application had been submitted to the DNR to establish the lake level and that it is ordinarily set at 1.5 feet below the normal high water level. There were questions concerning the quality of the lake. The Councilmembers indicated that there would be no future storm sewer area assessments against the property ownerswhose land would be assessed under this project. The hearing continued until 10:35 p.m. Smith then moved to close the hearing, to order in the project and set the lake level at 840.5 feet and further, it was understood that no further storm sewer trunk assessments would be levied against the property that was intended to be levied under this project. Wachter seconded the motion and all members voted in favor. COACHMAN OAKS PRELIMINARY PLAT AND CONCEPT APPROVAL. The application of Rosewood Corporation for preliminary plat and concept approval for Coachman Oaks consisting of a multi-family project on Coachman Road and Four Oaks Road was next considered. Mr. Ted Yoch appeared on behalf of the applicant. It was noted that the density study recommended by the APC had not been completed. Egan moved and Smith seconded the motion to continue consideration of the application to the first meeting in October. Those in favor were: Smith, Egan, and Murphy. Those against were: Parranto and Wachter. A representative of Residents Concerned for Eagan appeared and indicated that the organization had some questions that it would like to have answered by the City and will submit the questions to a Councilman and the Eagan City Administrator. Mayor Murphy allowed 15 minutes for the applicants to explain the proposal including the proposed parks acquisi- tion and the traffic impact considerations. He stated that there would be approximately 20% subsidized or 40 - 44 units and it was noted that the AP0 Page 7 September 5, 1978 recommended approval with conditions. There would be 13% building coverage on the land with 60% green space after parking and driveways are excluded. He further stated that the proposal would be to convert to condominiums sometime in the future. Tom Walsh, president of Timberline Civic Association, was present as were other affected residents in the area and suggested a meeting with the developer regarding the proposal. No formal action was taken. OAKWOOD GATES ADDITION PRELIMINARY PLAT AND VARIANCES. Mr. Wilson Robinson appeared on behalf of his application for preliminary plat approval for Oakwood Gates Addition andzariance for 6 undersized lots covering property East of Dodd Road. The City Attorney questioned Mr. Howard Stacker who was also present and is the title owner of the property whether he would consent to the applications. Mr. Stacker stated that Mr. Robinson is negotiating regarding the completion of the acquisition of the property and would not consent to the application until those negotiations are complete. Smith moved and Wachter seconded the motion, all members voted in favor to continue the application until the fee owner of the property consents. JOHN REMICH VARIANCE - HIGHVIEW ADDITION. The application of John and Mary Remich for variance for public street access for a single family dwelling on Highview Avenue was not acted upon because the applicants were not present. Egan moved and Murphy seconded the motion, all members voted in favor to continue the application of Mr. and Mrs. John Remich to the next meeting. MICHAEL NEISIUS - DODD VIEW ADDITION. Mr. Michael Neisius appeared on behalf of his application for conditional use permit for storage of motorized vehicles on Lot 1, Block 4, Dodd View Addition. The APC recommended approval subject to certain conditions. Mr. Neisius stated that he would have his own trucks stored on the property and in addition, two additional tractors owned by friends. After discussion, Egan moved and Smith seconded the motion, all members voted in favor Page 8 September 5, 1978 to approve the application subject to the recommendations of the Advisory Planning Commission, that the conditional use permit be limited to 5 years because the development of the area is generally unknown at the present time and that the landscaping be completed within two years of approval of the application; further, that there be no more than 10 vehicles stored on the property at any one time. All voted in favor except Wachter who abstained. THRIFT WAY LEASING COMPANY - CEDAR INDUSTRIAL PARK. Mr. Denais Besser appeare on behalf of the application of Thrift Way Leasing Company for waiver from platting regulations and conditional use permit for outside storage on part of Lot 1, Block 3, Cedar Industrial Park. The AYC recommended approval. After discussion, upon motion by Smith and second by Wachter, it was resolved that the applications be approved subject to the conditions imposed by the APC including the 1.5 acres that was not included as part of the building or parking be seeded and maintained; further that landscape plan, lighting plan, and drainage plan be approved by the City staff. All members voted in favor except Parranto who abstained. EUROPEAN FLOWER MARKETS - SIBLEY TERMINAL INDUSTRIAL PARK. Mr. Donald Swenson appeared on behalf of the application of European Flower Market for 12 to 16 foot variance from the front setback requirement for a proposed addition to the European Flower Market property in Sibley Terminal Industrial Park. The purpose would be to expand the greenhouses to properly air condition and for conservation of heating. It was noted that no variance was needed on the side because of completion of acquisition of the property lying adjacent to the existing building. In addition, the application was for temporary waiver of plat with the understand- ing that in the future the property would be replatted under procedures required by the City. Smith moved and Egan seconded the motion to approve the application for temporary waiver of plat for 60 days and for the variance requested, all members voted in favor. Page 9 September 5, 1978 DUNN AND CURRY SIGN PERMIT. An application from Dunn & Curry Real Estate Management, Inc. for real estate sign permit at the corner of Cliff and Pilct Knob Roads was next reviewed. Egan moved and Parranto seconded the motion, all members voted yes, to approve the application on the Erikstrup property at 4574 Pilot Knob Road. MALLARD PARK FIRST THROUGH THIRD ADDITIONS REZONING. City Administrator Hedges reviewed the history of the rezoning on Mallard Park First through Third Additions and the resolution adopted by the Council to initiate the rezoning from R-4 to R-1 for each Addition. Mr. Sidney Johnson of Nuway Builders, the contract for deed buyer of Mallard Park First Addition appeared and requested a continuance as to the First Addition to which the fee owner, Willmus Properties agreed. After considerable discussion regarding the background and the assurance given by Mr. Willmus that the property would be used for single family purposes only, Wachter moved to continue the decision regarding Mallard Park First Addition until an agreement is entered into between the owner and the contract for deed buyer. Egan seconded the motion. It was noted that Ordinance No. 52 had been changed to avoid pyramid zoning, that the property had been intended to be used for R-1 only, the utility sizing was most appropriately installed for R-1 purposes and the land has been platted for R-1. Wachter then withdrew the motion with the consent of Councilman Egan. The APC recommended approval of theapplication to R-i. Parranto then moved to rezone all three subdivisions from R-4 to R-1 for the reasons stated above. Smith seconded the motion. A resident of Wood Gate Third Addition appeared and opposed on behalf of the owners in Wood Gate Third Addition the proposed zoning in Mallard Park First Addition to R-2. All members voted in favor. PILOT KNOB ROAD. Councilmember Wachter requested that City Council discuss improvement to Pilot Knob Road at one of the next City Council meetings so that the project is given full consideration by the Dakota County Board in the 1979 Budget. Page 10 September 5, 1978 CLEARVIEW ADDITION - DONALD THORPE. Mr. Donald Thorpe of Thorpe Realty appeared on behalf of his request for preliminary plat approval for Lot 1, Block 2, Clearview Addition into two separate lots. The APC recommended denial. Wachter did not vote on the question. There were opposition from neighboring property owners and the staff recommended that in the event the application is approved that a common easement for access to Cliff Road be included. It was noted that Dakota County will approve only one access for the two lots. In addition, it was recommended that there be a turnaround for each lot so that automobiles will be not required to back onto Cliff Road. After considerable discussion, Egan moved to accept the APC recommendation to deny the application. There was no second. Smith then moved and Parranto seconded the motion to approve the application with the understanding that-the plat will include a 75 foot half right of way and park donation would be satisfied and that the property will include two accesses from Cliff Road with turn around on each lot. Those in favor were: Smith, Parranto and Murphy. Against: Egan. STANDARD OIL COMPANY SIGN PERMIT. Mr. Martin Colon appeared on behalf of the application of Standard Oil Company for conditional use permit for pylon sign in Yankee Square Shopping Center on Lot 1, Block 1, Bicentennial Third Addition. Mr. Colon indicated that the sign would be a joint sign with Mid-America Bank on one pylon and that it would conform to the ordinance. Smith moved and Wachter seconded the motion, all members voted in favor to approve the application provided that it meets all ordinance requirements. It was understood that Mid-America Bank officials agree with the proposal. All members voted in favor. SAFARI ESTATES VARIANCE. Mr. Byron Watschke of Fortune Realty appeared on behalf of the application for variance on Safari Circle in Safari Estates to provide for 8% street grade. The APC recommended approval because of very rough terrain. Wachter moved and Egan seconded the motion, all members voted yes to approve Page 11 September 5, 1978 the application. There was discussion concerning the reservoir site on Safari Estates property and no further action was taken. CLIFF ROAD IMPROVEMENT. There was discussion concerning the improvements that the County has commenced on Cliff Road at the intersection of Johnny Cake Ridge Road and the diversion of traffic. LENCRE LANE - CLEARVIEW ADDITION IMPROVEMENT. A request from five owners on Lenore Lane in Clearview Addition for utiiLty and street improvement was accepted by the Mayor. Smith moved and Wachter seconded the motion, all members voted in favor to authorize the preparation of a preliminary report and schedule a hearing on the improvements on October 3, 1978, at 7 p.m. FEDERAL REVENUE SHARING. City Administrator Hedges submitted a Statement of Assurances for Federal Revenue Sharing and recommended a hearing regarding the use of tte funds. Smith moved and Egan seconded the motion, all members voted yes to schedule a hearing on Federal Revenue Sharing for September 19, 1978, at 7 p.m. at the City Fall. WOOD GATE SECOND ADDITION PERFORMANCE BOND. A request from New Horizon Homes for release of the performance bond for Wood Gate Second Addition was recommended for approval by the City Engineer. Smith moved and Wachter seconded the motion, all members voted in favor, it was resolved that the recommendationsof the City Engineer to release the bond and to provide for conversion of $18,550 to be paid into the City Treasury for future improvements of Cliff Road. All members voted yes. WOOD GATE THIRD ADDITION. The City Engineer recommended releasing the performance bond for Wood Gate Third Addition in full. Parranto moved and Egan seconded the motion, all members voted yes to authorize the release of the bond. THOMAS LAKE ELEMENTARY SCHOOL. There has been a discussion concerning the building permit fees for the proposed Thomas Lake Elementary School being constructed on Thomas Lake Road by District #196. Action will be taken at the Page 12 September 5, 1978 next meeting regarding potential waiver of fees. SILAS PALMER BUILDING REMOVAL. Mr. Hedges stated that Silas Palmer had contact him regarding removal of the buildings owned by him on Cedar Avenue and several alternates being proposed. No action was taken. ROAD MACHINERY AND SUPPLY COMPANY UTILITY PLANS. Road Machinery and Supply Company requested the Council to authorize preparations of plans and specifications for utilities and street improvements on Road Machinery property on Cedar Avenue. Egan moved and Wachter seconded the motion to authorize the City Engineer to prepare theplans and specifications. Those in favor: all members. PUBLIC HEARINGS ON IMPROVEMENT PROJECTS. Smith moved and Wachter seconded the motion, all members voted yea, to schedule public hearings on October 3, 1978, at the City Hall at 7 p.m. and to accept the preliminary reports on the following projects: 1. Project #248, Park Cliff Addition. 2. Project #241 in the area of Dodd Road. 3. Project #249, Cameron Addition. 4. Project #253, Michael R. Sill Addition. 5. Project #251, Heine First Addition street lighting. ASSESSMENT HEARINGS. Noting that the final computations for the assessments projects recently scheduled for hearings on September 11,1978, had not been completed and upon recommendation of the City Administrator, Smith moved and Wachter seconded the motion, that the following assessment hearings originally scheduled for September 11, 1978, be rescheduled to September 28, 1978, at 7 p.m. at the City Hall: 1. Project #214, Sibley Terminal Industrial Park. 2. Project #217, Hilltop Estates (Old Eagan Hills North First Addition). 3. Project #224A, Ches Mar Fourth and Fifth Additions. Page 13 September 5, 1978 4. Project #210A, Blackhawk Hills Second Addition. 5. Project #195, Wescott Road. 6. Project #198A & #227A, Cedar Ridge Addition and in Cedar Avenue Freeway area. 7. Project #196, West Publishing Company facility. 8. Project #211A, Wilderness Run Road. CLIFF ROAD EASEMENTS. City Attorney Hauge reviewed with the Council negotiations concerning acquisition of utilities easements on the South side of Cliff Road between Pilot Knob Road and Johnny Cake Ridge Road. He recommended that the normal compensation be paid to property owners for permanent and temporary slope easements. Smith moved and Parranto seconded the motion, all members voted in favor to approve the proposed compeasatior.to Mr. and Mrs. Neal Coates, Mr. and Mrs. Richard Strom, and Mr. and Mrs. John Brown. Further negotiations will take place concerning acquisition of the easements. All members voted in favor. THOMAS LAKE ROAD. The City Engineer and City Attorney discussed with the Council the negotiations concerning the acquisition of the right of way on Thomas Lake Road and indicated that Mr. and Mrs. James Barker had objected to the construc tion of the road until the Environmental Impact Statement for Blackhawk Park Planned Development has been approved. A meeting had been held with the Environ- mental Quality Board including the Director of the Board and other staff members with discussion concerning revision of the road right of way at the South endiof Thomas Lake Road adjoining Cliff Road. In addition, a letter was submitted to the City Council authorizing the extension of time to award the bid for Thomas Lake Road until September 19th or until such time as agreement is reached with the Barkers concerning the location of the right of way, whichever is sooner. Smith moved and Parranto seconded the motion, all members voted in favor to approve the letter withfurther.+'tegotiations to take place concerning the location of the right of way. Page 14 September 5, 1978 JOINT MEETING WITH THE APC. The request of the Advisory Planning Commission for a joint meeting with the Council was discussed and because of the work load of the Council at the present time including budget meetings it was determined that the joint meeting will be scheduled at a later time. VOUCHERS. Parranto moved and Wachter seconded the motion to approve the following vouchers. All members voted in favor: 10198 - 10280; 495; 6864 - 6939. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at 2:10 a.m. DATED: September 5, 1978 PHH 'City Clerk