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08/01/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 1, 1978 A regular meeting of the Eagan City Council was held on August 1, 1978, at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmembers Wachter, Smith and Egan. Councilman Parranto was excused from the meeting. Also present were: City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. AGENDA. Upon motion by Smith, seconded by Egan, all members voting in favor, the agenda was approved as distributed. MINUTES. Egan moved and Wachter seconded the motion, all members voted yes, to approve the minutes as prepared. CERTIFICATES OF ACHIEVEMENT. Mayor Murphy presented Certificates of Achievement to Fire Chief Childers and Police Chief DesLauriers for the excell- ent work done by each department at the time of the Northern Natural Gas main explosion on Cedar Avenue. It was noted that other surrounding fire depart- ments aided both on the scene and served as backup for fire protection at the time of the incident. POLICE DEPARTMENT. Police Chief Martin DesLauriers appeared. 1. Chief DesLauriers requested "No Parking" signs on Blue Cross Road from Blackhawk to 100 feet from Blackhawk Road. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the recommendation. 2. Donald Avenue request. A petition from residents on Donald Avenue was read concerning excessive traffic speed at 55 mph on Yankee Doodle Road and recommended a reduced speed. Police Chief DesLauriers recommended the submission of a speed survey request to MN/Dot for reduction of speed between Highway No. 31 to Highway No. 13. Smith moved and Wachter seconded the motion, all members voted yes, to request the survey and to accept the petition from the residents on Donald Avenue. August 1, 1978 PARK DEPARTMENT. Park Director Schmidt and Public Works Sunerintendent Branch had obtained quotes from three companies regarding the removal of 60 diseased Elm trees in Woodhaven Park and 25 diseased Elms on Public Works property. Mrs. Schmidt and Mr. Branch recommended the low quote of Lumberjack Tree Company in the sum of $6,000. Smith moved and Egan seconded the motion to accept the quote of Lumberjack Tree Company in the sum of $6,000. All members voted yes, except Wachter who voted no. MINNESOTA NATIONAL GUARD. Two representatives of #146 Signal Battalion of the Minnesota National Guard of West St. Paul made a presentation to the City Council in the form of slides regarding National Guard duties and requested assistance by the Council and City in requiring National Guard members from the Eagan area. Council members suggested that information be submitted by the National Guard unit for distribution and publication in the City. McCARTHY ROAD STORM SEWER. A number of residents in the area of McCarthy Road and Timberline Addition appeared concerning storm drainage problems in the area during the recent heavy rains. The Public Works Committee met on the site and Chairman Wachter reviewed several possible solutions to the drainage problems. It was noted that certain swails had been eliminated during the construction of homes and there was a question as to who should pay for the improvements and the damage done. There is about an $1,800 cost for damage due to the drainage. Mr. Robert Oslund, a developer, and several affected property owners appeared. The staff was asked to return with additional recom- mendations. DISCOTREC. The application of Discotrec in Cedarvale for an all night dance marathon for Muscular Dystrophy purposes was continued at the request of the applicants for two additional weeks. HAZARDOUS BUILDING REMOVAL - SILAS PALMER. City Administrator Hedges indicated that Peace Reformed Church has declined an offer of the Silas Palmer -2- August 1, 1978 property on Highway #13 and the City Attorney was then asked to proceed with the removal of the Silas Palmer property buildings under the hazardous building statute. U-HAUL OF MINNESOTA. Mr. Hammond appeared on the behalf of the applica- tion of U-Haul of Minnesota for rezoning from LB to I-1 and conditional use permit for rental lot with outside storage at 3890 Cedar Avenue, the former Phillips 66 Station. In addition, an application was made for variance for parking at 10 foot setbacks on Highway #13 and Cedar Avenue where minimum of 20 feet is required. The APC recommended approval with certain conditions. It was noted that there would be 34 spaces for trailers, 12 spaces for trucks, four customer and four employee parking spaces on the property. There was concern about notice to the proper party in the event of problems by the lack of conformance to the proposed plan. It was noted that General Business zoning is adjacent and the 7/10 acre parcel is zoned Limited Business. There was concern that the conditional use permit recently granted to the Texaco Station for U-Haul purposes may be continued in conjunction with the applicant°s location. Wachter moved and Egan seconded a motion to continue the application until the next regular meeting to allow the applicant an opportunity to provide the Council evidence that there will be only one conditional use permit for U-Haul trailers at the corner of Cedar and #13 in existence at any one time. FORTUNE REALTY - SAFARI ESTATES. Mr. Byron Watschke appeared regarding the application of Fortune Realty for rezoning from Agricultural to Estate, and R-1 and preliminary plat approval of Safari Estates in Section 32 lying West of Galaxie Avenue. The 74 acre parcel would include 51 acres to be developed in Safari Estates. The APC recommended approval with conditions. Mr. Watschke indicated that he desired to dedicate cash in lieu of park land, but could dedicate Dark land to the North later and then acquire credit for cash paid. The City Engineer reviewed his letter to the Council dated July 19, -3- August 1, 1978 1978, recommending that the City acquire a site for water reservoir, No. 4, in the general vicinity of Safari Estate. On the basis of cost, location, etc., the City Engineer recommended site No. 1 which is a lot in proposed Safari Heights Addition that has been on the water plans of the City for many years. Two sites are on Fortune Realty Safari Heights property, one in Apple Valley, and one in the Dakota County park. Mr. Watschke objected to the use of site No. 1 because of its effect on the development in the area. Wachter moved to approve the application for rezoning from A, Agricultural to Estate and R-1 pursuant to recommendations of the Advisory Planning Commission. Egan seconded the motion, all members voted yes. Wachter then moved to approve the appli- cation for preliminary plat with the understanding that site No. 1 would be acquired by the City for water reservoir site purposes. Smith seconded the motion, all members voted yes. It was noted that a variance will be required for street grade in excess of 8%. THOMAS LAKE ADDITION. Mr. Watschke appeared on behalf of the application of Fortune Realty for preliminary plat approval of the SW's of Section 28, covering proposed Thomas Lake Addition. The APC recommended approval subject to conditions. The cul-de-sac appeared to conform to the 500 foot requirement or in the event it does not, a variance will be necessary. Smith moved and Egan seconded the motion to approve the preliminary plat subject to the recommendations of the Planning Commission. All members voted yea. SURREY HEIGHTS ADDITION. The application for preliminary plat approval of Surrey Heights Seventh Addition recommended by the Advisory Planning Commission for approval was next presented. Smith moved and Wachter seconded the application for preliminary plat the motion, all members voted in favor to approve/subject to the zoning of the property to R-3. JKR COMPANY - PRELIMINARY PLAT AND PLAN APPROVAL COMMUNITY SHOPPING CENTER. Mr. John Klein and Mr. Kenneth Applebaum appeared on behalf of the -4- August 1, 1978 application of JKR Company for preliminary plat approval of a commercial development and plan approval for community shopping center at the Northeast corner of Pilot Knob Road and Crestridge Lane. Mr. Klein explained the proposal as did Ralph Wagner of Probe Engineering. It was noted that excavation work had taken place but the applicant indicated that it was for correcting drainage purposes. A review of the history of the Planned Development on Pilot Knob Heights and the zoning was made by staff members and there was a large number of neighboring affected residents who appeared objecting to the application. There was a question as to whether it would be compatible with planned development and the community shopping center to the North. Bruce Peterson of Security Development Company also explained the proposal for the applicant. The APC made no recommendation. There were questions from the residents present some of whom indicated that they did not receive notice of the hearing before the Advisory Planning Commission. Mr. Howard Stacker and Mr. Bob Tansey appeared as attorneys for the condominium owners adjacent to the shopping center property objecting to the proposal. A petition signed by 124 persons opposing the development was submitted and accepted by the Mayor. City Administrator Hedges also indicated that an application for excavation permit had been submitted to the City but was not on the agenda. Smith moved to continue the applications for two weeks to permit the staff an opportunity to review the applications and the history of the zoning and platting in the area. Egan seconded the motion. After discussion the motion was withdrawn on the basis of the recommendation by the City Attorney that an application should be submitted by the owner and developer to revise the Planned Development covering the 6 acre parcel in Pilot Knob Heights Planned Development from convenience center and office building to community shopping center use. The basis for the recommendation was that it appeared the use intended was CSC use. There were concerns from -5- August 1, 1978 Councilmembers that the center may be premature and further that there is a large community shopping center zoned to the Ncrth. Wachter then moved to grant the application for excavation permit under Ordinance No. 8 pursuant to the provisions of that ordinance. Egan seconded the motion, all members voted in favor. After discussion concerning the proposed revision to the planned development for the 6 acre parcel, Smith moved in the form of an informal motion indicating that the Council would deny an application to revise the planned development covering the convenience center area to a use designated by the applicant for proposed community shopping center, based upon the information available to the Council at the present time. Wachter seconded the motion. Those in favor were: V'a--hter, Egan and Smith. Murphy abstained. ROAD MACHINERY AND SUPPLY COMPANY PRELIMINARY PLAT AND VARIANCE. The application of Michael Sill and Road Machinery and Supply Company for preliminary plat approval of Hichael R. Sill Addition, variance of 60 feet from a 100 foot setback from residential area and conditional use permit for outside storage at Silver Bell and Cedar Avenue was next considered. The APC recommended approval of all applications with conditions. The berming and landscaping were reviewed and there were no objections from neighboring property owners. Wachter moved and Smith seconded the motion, all members voted in favor to approve the applications pursuant to the recommendations of the APC. MICHAEL SILL ADDITION UTILITY STUDY. The request from the applicants of Michael Sill Addition for utility study was next presented. Egan moved and Wachter seconded the motion to instruct the City Engineer to prepare a feasibility study covering utilities and other improvements; all members voted yes. ROAD MACHINERY AND SUPPLY COMPANY INDUSTRIAL REVENUE BONDS. council- -6- August 1., 1978 member Smith reported on the Finance Committee review of the industrial revenue bond application of Road Machinery and Supply Company covering the proposed building on that parcel. The Finance Committee recommended that the current request and future applications be referred to the Eagan fiscal consultant for review and report to the Committee and Council. In addition, it was recommended that with all industrial revenue bond applications that the City Council first grant preliminary approval of the proposed development before being considered by the Finance Committee and Council and further that the applicant be required to pay the fees of the fiscal consultant's review and report to the Council. Wachter then moved and Murphy seconded the motion to approve the application of Road Machinery and Supply Company for industrial revenue bonds as requested. Those in favor were: Vachter, Murphy and Egan. Smith voted no. NOLAN AND NOLAN - E-Z MINI STORAGE. Mr. Jean Parranto and Mr. Nolan appeared on behalf of the application of Nolan and Nolan and Slater Estates for waiver from subdivision regulations for an industrial building permit on unplatted property with variance to allow living quarters. The Advisory Planning Commission recommended approval of the waiver and variance subject to conditions. Wachter moved and Egan seconded the motion, all members voted in favor to approve the application subject to the recommendations of the APC. DCR COMPANY AND CONSTRUCTION 70 - RAX ROAST BEEF. The application for Construction 70 and DCR Company for conditional use permit for restaurant with drive-un facility and waiver from platting regulations in the Cedarvale area was next reviewed. The Planning Commission recommer..:ed approval of both applications subject to certain conditions. Mr. Peter Cook appeared on behalf of Rax Roast Beef who explained the proposed restaurant on Highway #13. Smith moved and Wachter seconded the motion, all members voted yes to approve the -7- August 1, 1978 the application for conditional use and waiver again pursuant to Planning Commission recommendations. CEDARVALE BOWL - DCR COMPANY. Mr. Richard Stryker appeared for DCR Company regarding its application for conditional use permit for bowling alley, liquor lounge with convenience food and game room and preliminary plat covering the Rax Roast Beef-Cedarvale Bowl area called Cedarvale East. The APC recommended approval of the applications with certain conditions. Mr. Stryker reviewed the proposed 24 lane bowling alley expandible to 36 lanes. Smith moved and Wachter seconded the motion, all members voted yea to approve the application for conditional use and for preliminary plat approval of Cedarvale East subject to the conditons imposed by the Planning Commission. DURNING SUBDIVISION FINAL PLAT. Mr. Jim Durning appeared regarding his application for final plat approval of Durning Subdivision at Cedar and Cliff Road. Wachter moved and Egan seconded the motion, all members voted yea to approve the application subject to normal ordinance requirements. Y.D. ASSOCIATES AND NOLAN BROTHERS EXCAVATION PERMIT. Excavation permit application of Y.D. Associates and Nolan Brothers for mining permit under Ordinance No. 8 at Yankee Doodle Road and Coachman Road and the Leitner location near Highway #13 was reviewed. The staff recommended approval. Smith moved and Egan seconded the motion, all members voted in favor to approve the applications subject, however, to all ordinance requirements. GENERAL COATINGS BUILDING PERMIT. The application of General Coatings, Inc. for plan approval and building permit in Section 2, on Highway 649 was next discussed. The staff recommended approval subject to the recommendations of the APC. Wachter moved and Smith seconded the motion9 all members voted in favor to approve the application subject to APC recommendations. LEXINGTON AVENUE EXTENDED. The City Engineer discussed with the Council a request of r.,:ota County that the City approve the designation of -8- August 1, 1978 Lexington Avenue between County Roads #30 and #32 as a County Road. It was noted that all of the property is within the Lexington South P.D. and also that the County will require 45% contribution from the City for improvements after rough grading. Councilmembers were concerned about priorities on road construction within the City. Wachter moved and Egan seconded the motion and all members voted in favor to defer determination until the Council has reviewed the ability to finance the road. PROJECT #234 - CLIFF ROAD TRUNK SEWER. Bids covering Cliff Road trunk sewer covering Project #234 was next reviewed. Upon recommendation of the City Engineer and upon motion by Egan, seconded by Smith, all members voting yes, it was resolved that the low bid of Austin P. Keller Construction Company in the sum of $362,150 be approved and awarded. PROJECT 66235 - CLEARVIEW ADDITION SEWER AND WATER. Upon motion by Egan and seconded by Smith, all members voting yes, it was resolved that the low bid of Parrott Construction Company in the sum of $278,382.15 was awarded for Project #235. ORDINANCE #42 AMENDMENT. A request was received from Applebaum Fruit Market, Inc. that the Council extend the hours for off sale liquor from 8 p.m. to 10 p.m. on Fridays and Saturdays according to the 1978 Minnesota Legislatures revision. After discussion, Smith moved and Wachter seconded the motion, all members voted yea to instruct the City Attorney to amend Ordinance No. 42 to permit off sale liquor stores to be open according to statute till 10 p.m. Monday through Saturday. COMMUNITY SCHOOL PROGRAMS FOR SCHOOL DISTRICTS. City Administrator Hedges reviewed the meetings that are being set by school districts #191 and #196 concerning community school and it was recommended that representation from the City be present at those meetings. BOY SCOUT DECLARATION. At the request of Indianhead Council Activities -9- August 1, 1978 Chairman, Dan Schultz, the Mayor declared the week of. August 13-20 as The Paper Drive Benefiting Scouting for the Handicaped Week. MET COUNCIL SUBSIDIZED HOUSING HEARING. A meeting will be held by the Metropolitan Council on August 14, 1978, concerning low and moderate cost housing. The Eagan Council requested that a staff person be present to explain the policy of scattered site subsidized housing in Eagan. KENNETH DAMLO INTERNSHIP. City Administrator Hedges indicated that Kenneth Damlo's CETA commitment internship is expiring and recommended that the Council authorize the $3,000 for internship for 1978 be allocated to authorize Ken Damlo to be extended as a City employee and intern for an additional four months. Egan moved and Smith seconded the motion, all members voted yes to approve the recommendation. HUD FEDERAL DISASTER AID ADMINISTRATOR. The City Administrator recommended that a person be designated as the local agent for HUD Federal Disaster Aid. Egan moved and Wachter seconded the motion, all members voted yes to appoint the City Administrator as the local agent for that purpose. CARRIAGE HILLS DRIVE. A letter from Dakota County asking for a feasibility study for Carriage Hills Drive within the Dakota County nark area was reviewed. Smith moved and Wachter seconded the motion, all voted yes to authorize the Engineer to prepare a feasibility study covering Carriage Hills Drive including a study covering the private property East of the park area with the understanding that the County will provide for the cost of the study. PARK CLIFF ADDITION. A petition from the developers of Park Cliff Addition on Cliff Road requesting a feasibility study for the first phase was submitted. Egan moved and Smith seconded the motion, all members voted in favor to order the feasibility study by the City Engineer and to waive the hearing upon submission by all of the affected owners of a waiver of the hearing process and further to authorize the City Engineer to prepare the -10- August 1, 19 78 plans and specifications for the project. Those in favor were: Smith, Egan and Murphy. Against: Wachter. CAMERON DEVELOPMENT COMPANY. The request of Cameron Development Company for feasibility study for Cameron Court for utilities and streets was submitted. Wachter moved and Murphy seconded the motion, all members voted yes to authorize the City Engineer to prepare a feasibility study covering Cameron Court as requested. BUDGET REVIEW COUNCIL MEETING. The Council designated August 8th at 7 p.m. as a special Council meeting to review the. preliminary 1979 City budget. COUNCIL MEETING AUGUST 23RD. An additional special Council meeting was scheduled for August 23rd at 7 p.m. covering the budget for 1979 and further to review an application being submitted by School District #196 for rezoning and preliminary plat approval for school site on Thomas Lake Road. DNR HEARING SPECIAL COUNCIL. Smith moved and (Wachter seconded the motion, all members voted yes to authorize McClay Hyde of Lindquist and Vennum to continue as special counsel for the City concerning the application before the DNR for Blackhawk Lake bridge permit during the briefing stage before Hearing Examiner Greenberg. CEDAR AVENUE EASEMENT - PROJECT 1t227A. City Attorney Hauge submitted requests from the owner of the Standard Station at Cedar and Highway #13 for $280 plus curbing in return for the permanent easement for storm sewer purposes and recommended approval and in addition, a request of Mr. and Mrs. Dimmer for $1,000 for the permanent easement for storm sewer easement in front of the beauty salon on Cedar Avenue. Smith moved and Wachter seconded the motion, all members voted yes to approve the recommendations subject to submission of the appropriate easements and the agreements with the Dimmers that $1,000 will be paid upon completion of the project. -11- August 1, 1978 PROJECT 0227A - CEDAR AVENUE. Upon recommendation by the City Engineer, Smith moved and Wachter seconded the motion to approve the contract on the Cedar Avenue portion of Project #227A with Parrott Construction Company. All members voted yes. WESCOTT ROAD IMPROVEMENT PROJECT #225. City Engineer Rosene submitted the plans and specifications concerning Wescott Road Improvement Project #225. Wachter moved and Egan seconded the motion, all members voted yes to accent the plans and specifications for Wescott Road Improvement and to authorize the Clerk to advertise for bids to be opened on September 1, 1978, at 3 p.m. at the City Hall. THOMAS LAKE ROAD IMPROVEMENTS WATER MAIN. Upon recommendation by the City Engineer, Wachter moved and Egan seconded the motion, all members voted yes to revise the date for acceptance of bids for Project #237 consisting of street and water improvements in the Thomas Lake area until August 31, 1978, at 3 n.m. at the City Hall. HILLCREST DEVELOPMENT COMPANY. The City Engineer explained the recommendation that the City acquire a pond on Hillcrest Development Company adjacent to Cedar Avenue and North of Cliff Road for storm sewer purposes. A list of terms from Hillcrest Development Company were reviewed and further negotiations were authorized througl the City Engineer and City Attorney with the owner. TRUNK STORM SEWER ASSESSMENTS. The recommendation of the Assessment Committee regarding assessments for trunk storm sewer purposes on park land within new developments and covering platted property was reviewed by the Council. Wachter moved and Smith seconded the motion to accept the recommen- dation of the Assessment Committee that developers in new developments not be required to pay storm sewer assessments for park land being dedicated to the City with the understanding that an increase in rate on the developed property -12- August 1, 1978 will be recommended and initiated by the City Council shortly. HEINE FIRST ADDITION. City Attorney Hauge stated that Karl Heine, the developer of Heine First Addition, had requested of the Council a Quit Claim Deed covering an access easement over the East 40 feet of the Addition and the City Attorney recommended approval. In addition, Mr. Hauge stated that the Park Director and City Planner are recommending that the trail easement run South through the subdivision to the Thomas Lake area. He further stated that the letter of credit for the development contract had expired and should be renewed covering the subdivision. Wachter moved and Egan seconded the motion, all members voted in favor to approve the execution of the Quit Claim Deed, to approve the acquisition of the trail as proposed to the South upon recommendation of the Park Committee with the understanding, however, that no additional building permits in the subdivision will be granted until the development contract terms including the letter of credit are current and all other requirements are met according to ordinance. DREXEL HEIGHTS AND PILOT KNOB HEIGHTS FIFTH ADDITION DEVELOPMENT CONTRACTS. City Attorney Hauge submitted development contracts covering Drexel Heights Addition and Pilot Knob Heights Fifth Addition and recommended approval subject to acquisition of appropriate letters of credit. Wachter moved and Murphy seconded the motion, all members voted in favor to approve the development agreement subject to a letter of credit being submitted for Pilot Knob Heights Fifth Addition. DEVELOPMENT CONTRACT BOND REDUCTIONS. Four letters from the City Engineer recommending reductions in the bond requirements were submitted. Egan moved and Wachter seconded the motion, all members voted in favor to approve the following bond reductions: Woodgate Third Addition, release balance of $27,000. Woodgate Second Addition, release balance of $18,550. Pilot Knob Heights Fourth Addition reduced to $10,815.75. Donnywood Addition reduced to $7,725. -13- August 1, 1978 Vouchers. Egan moved and Smith seconded the motion, all members voted in favor to approve the following vouchers: 474 - 480; 6662 - 6759; 9958 - 10021. ADJOURNMENT. Upon motion made and seconded, the meeting adjourned at 2:00 a.m. DATED: August 1, 1978 PHH City Clerk -14-