Loading...
01/19/1982 - City Council Special0""I" IL 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITZ COUNCIL EAGAN, MINNESOTA JANUARY 19, 1982 A regular meeting of the Eagan City Council was held on Tuesday, January 19, 1982 at 6:30 p.m. at the Eagan City Hall. All members were present. Also present were City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as pre- pared. All voted yes. Upon motion by Egan, seconded Smith, it was resolved that the Minutes of the January 5, 1982 regular meeting be approved with the exception that special meetings of the Council were held on January 12, 1982 beginning at 5:30 p.m. and on January 13, 1982 beginning at 5:30 p.m. All voted yea. EAGAN GIRL SCOUTS Members of Girl Scout Troop #191, together with their Leader Donelle Hallman appeared and presented Girl Scout cookies to the Mayor and City Coun- cil members. POLICE DEPARTMENT Police Chief Martin DesLauriers appeared and submitted proposals for the sale of the 1980 Diesel Cutlass which currently needs major engine repair, He recommended that the City Council authorize the sale of the car to a salvage firm with the high bidder Metro Auto Salvage of Lakeville, Minnesota, in the amount of $2,500.00. After discussion, Wachter moved, Thomas seconded the motion to sell the 1980 Diesel Cutlass according to the recommendation. All voted yea. PUBLIC WORKS DEPARTMENT 1. Safari Estates Water Reservoir. Public Works Director Colbert reviewed the progress to date concerning the acquisition of a site for the proposed 4 million gallon water reservoior in the area of the Safari Estates Addition. He noted that an attempt had been made to acquire a site within Apple Valley, south of the Eagan line and that the property owner is objecting to the location of the site. In addition, negotiation has taken place with the Dakota County Park Department but that it does not appear to be possible to acquire that site for the water reservoir. He therefore recommended that an offer be made to the Sieg family for the purchase of 1.5 acres for the reservoir site and 0.24 acres for permanent easement plus temporary easement for the water main, noting that the standard rate being offered by the City is $2,000.00 for temporary and $4,000.00 for permanent easements in acquisition purposes. Smith moved, Wachter seconded the motion to authorize the staff to prepare an offer to the Sieg family in the sum of $8,880.00 for the proposed reservoir site and easements for water main. All voted yes. 47 Council Minutes January 19, 1982 2. Ann Pietsch - Special Assessment Deferment. The request from Ms. Ann Pietsch, 4275 Dodd Road for deferment of assessments associated with Project #241, due to financial hardship was next considered. It was noted that her husband Fred Pietsch had requested and received a deferment for physical disability at the Council Meeting on April 7, 1981. The Public Works Director requested an indication as to whether the physical disability is continuing. He noted there had been a separation in the family but that Mrs. Pietsch had severe financial hardship according to correspondence from her. Smith moved, Egan seconded the motion to defer the assessments under Project #241 covering the Pietsch property at 4275 Dodd Road until the property is sold, developed or any change in the current status takes place or if the owner then requests that the assessments be levied and to reassess at the rate then in effect; further, it was understood that an agreement be entered into between the owner and the City concerning the deferred assessments. All voted in favor. CONSENT AGENDA 1. 911 Emergency Service Agree The staff recommended that the Council approve an Agreement with the Dakota County Board of Commissioners indicating that the County will pay $22,367.00 installation and equipment costs for the 911 emergency operational system and the only cost to the City at this time will be $660.00 for providing the electrical installation re- quired to the Police Department. Upon motion by Smith, seconded Egan, it was resolved that the recommendation to approve and authorize execution by the Mayor and City Clerk of an agreement for the implementation of the 911 emer- gency number service with Dakota County. All voted yes. Then Smith moved, Wachter seconded the motion to approve the low bid for electrical installation for the equipment required in the police department basement to Bob Johnson Electric Company in the sum of $660.00. All voted yea. SEE AGREEMENT FILE PROJECT #350 - OSTER ADDITION UTILITIES Mayor Bea Blomquist convened the public hearing regarding Improvement Project #350 consisting of utilities and street improvements to proposed Oster Addition on Pilot Knob Road. Public Works Director Tom Colbert described the project and discussed several alternates for the utility installation along Skyline Drive and also alternates for street improvements on Skyline Drive adjacent to Oster Addition. He noted that the street easement is required to be only on the north side of Skyline Drive. Mrs. Harrington, a neighbor to the South appeared and had numerous questions concerning the utility improve- ments and street improvements and stated that she did desire sewer and water installation improvements at the present time, but not street improvements. There were concerns by Council members about the installation of a street below standard design with only the north half of the street being installed to urban standard and it was noted that all improvements on Skyline Drive would benefit the Oster Addition to a certain degree. The developer, John O'Toole, was present and requested the Council proceed with the improvements. It was also proposed that all assessments except storm sewer assessments would be levied against Lots 2, 3 and 4 of Treffle Acres under one of the alter- nates. After extended discussion, Wachter moved, Smith seconded the motion to r 2 Council Minutes January 19, 1982 close the hearing, to order in the project including the provision that the street improvements for Skyline Drive be installed to the west line of Oster Addition, with the Oster Addition being responsible for the major first phase portion of upgrading Skyline Drive to standard, and Lots 2, 3 and 4 of Treffle Acres to assume the additional cost of completing Skyline Drive with bituminous surfacing and concrete curbs and gutter and restoration on the south side; further, that utilities be installed for Lots 3 and 4 in Treffle Acres and to authorize the preparation of plans and specifications. Those in favor were Smith, Wachter and Thomas; those against were Egan and Blomquist. IMPROVEMENT PROJECT #352 - NORVIN OAKS AND STORLAND ROAD KATERMAIN The next public hearing convened by the Mayor concerned Improvement Project #352 covering water main improvements in the Norvin Oaks Addition on Storland Road. Councilman Wachter vacated his seat during the course of the hearing. There were no objections to the proposal. After discussion, Smith moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications. All voted in favor, except Wachter who abstained. LONE OAK HEIGHTS ADDITION - PRELIMINARY PLAT The application for preliminary plat approval of Lone Oak Heights Addi- tion and variance to exceed lot coverage brought on behalf of Midwestern Associates - Orrin Aune, was next considered by the Council. The Planning Commission had first heard the application on September 22, 1981 and recom- mended approval at is meeting on October 20, 1981, subject to numerous condi- tions. The City Council heard the application first on November 17, 1981, then on December 15, 1981, and continued the application until the January 19, 1982 Council meeting. Mr. Hedges introduced the proposal and City Attorney Paul Hauge reviewed some of the questions that had been raised by the Council concerning down - zoning, dedication of land by Mr. & Mrs. Martin Shields for park purposes in 1975, and the rezoning that took place in 1975. Councilmembers expressed their views regarding the plat and Councilman Smith indicated that in his opinion the north -south street should be moved easterly from the property line, closer to the middle of the plat, and that substantial redesign work should take place within the parcel. Councilman Wachter stated the zoning as it presently exists should remain. Mr. Aune and representives of the developer were present, including Ron Swanson of Valley Engineering who reviewed the proposal with the Council. He stated that the road could not practically be moved to the east and also, there was a reduction in the number of units since the last discussion with the Council. Councilman Smith recom- mended reviewing the possibility of reducing the width of the road on the north end to accomodate the required density. Council members indicated they would insist on a through north -south street for safety purposes in the general area. A large number of neighboring property owners were present, including John Gusten who expressed his concerns about density in Section 9, among other objections. Joel Carpenter, engineer, who appeared for the developer indicated the builder will install a 6 foot fence on the west side of the road along the school area. Councilman Egan expressed his opinion that the Council could down -zone the property but there is some uncertainty as to whether damages would be authorized in the event of a Court action. After 3 jn P -1 �. _q, �' Council Minutes January 19, 1982 extended discussion, Egan moved, Blomquist seconded the motion to deny the application for reasons included in the Planning Commission review of the application, previous Council meeting discussions and further, according to the reasons provided in the resolution attached to these Minutes. All voted in favor. Blomquist then moved, Egan seconded a motion to direct the staff to determine whether procedure was properly followed for the current zoning of the property and also to report to the Council the current condition of the zoning. All voted in favor, except Wachter who voted No. Attorney Harold Levander, on behalf of Mr. and Mrs. Shield was present and stated that it was his opinion that the rezoning had been done properly and also, briefly re- viewed the proposal wilth the Council. SEE PLAT FILE AMCON CORPORATION - RAVINE PLAZA The application of Amcon Corporation for rezoning from A to PD to allow two office buildings and hotel complex and preliminary plat approval of Ravine Plaza and variance to exceed height limitation was next discussed. Mr. Hedges recommended that the application be postponed indefinitely until the Council acts on the height limitation report. Wachter moved, Egan seconded the motion to continue the applications according to the recommendation. All voted yes. BURNET REALTY - PYLON SIGN The application of Burnet Realty for conditional use permit for pylon business sign located in Cedarview Addition at Cliff Road and Nicols Road was then considered. The Planning Commission recommended approval of the sign at its December 22, 1981 meeting, subject to certain conditions. A letter has now been received from Mr. William Brandt, the owner of the complex, indi- cating that he understands the 300 foot spacing provision and inquired con- cerning signs on the buildings. Egan moved, Wachter seconded the motion to approve the conditional use permit for pylon business sign and the staff be requested to notify Mr. Brandt concerning the ordinance provision regarding building- mounted signs. All voted yes. ARNOLD LEITNER - GRAVEL PIT LICENSE The application of Arnold Leitner for annual renewal of the gravel pit license on Meadowview Road was then considered. A report from the building inspector was received describing the operation and recommending approval of the renewal. Wachter moved, Egan seconded the motion to approve the applica- tion with the condition that the staff review the operation after the spring thaw and determine whether there are any safety or health hazards as a result of the operation. All voted yes. ORGANIZATIONAL ITEMS - 1982 Mr. Hedges reviewed with the Council certain organizational business for the City Council for 1982 and the following action was taken. 1. Acting Mayor. Mayor Blomquist appointed Couincilman James Smith as Acting Mayor for 1982. 0 ° 4 uF ', Council Minutes January 19, 1982 2. Legal Newspaper. Representatives of both the Eagan Chronicle and the Dakota County Tribune were present and bids had been submitted by each of them to be designated as the legal newspaper for the City for 1982. There were questions as to circulation by the Dakota County Tribune in Eagan. Coun- cilman Egan indicated that both newspapers have served the City well, but that the Chronicle now appears to be much more widely distributed and has become the conscience for the City and has become much better known by residents. Egan moved, Thomas seconded the motion to designate the Eagan Chronicle as the legal newspaper for 1982. All voted in favor except Wachter who voted No. 3. City Depositories. It was noted that both First Bank of Eagan and Mid - America National Bank of Eagan had requested to be designated as deposi- tory for payroll and checking accounts and there was discussion concerning convenience and the fact that Mid - America Bank has served the City in that capacity for a number of years. Also, a list of 16 proposed depository Banks was submitted and Wachter moved, Smith seconded the motion to designate the depositories as recommended for 1982. All voted in favor. It was recommended that a study take place concerning the checking and payroll accounts and the Council directed that such a study take place and a report be made to the Council. 4. Posting Places. The City has designated Eagan City Hall as the official posting place with Lone Oak Tree at Highways #55 and #149 the historical posting place. Wachter moved, Egan seconded the motion to designate the same posting places for 1982. 5. Advisor Plann Commission & Advisory Park and Recreation Commi t tee Appointments. The City Adminsitrator explained that there are openings on both committees for 1982 and that interviews had taken place for applicants by the City Council on January 12 and 13, 1982. Ballots were distributed to all Council Members and they first voted on the two openings for the 3 -year term for the Advisory Planning Co The following persons were elected: Three -year term 1982 -1984 - Lloyd Krob and Pamela McCrea. One -year term 1982 - Michael W. Wold. Alternate is Garrette Mulrooney. Advisory Park and Recreation Committee - There are three openings for 3 -year terms with two incumbents requesting reappointment and three others requested to be con- sidered. The following persons were elected as members of the Advisory Park and Recreation Committee: Tom Gustafson, Richard Carroll and Donn Schumacher. 6. Advisory Cable Committee. Smith moved, Egan seconded the motion to add Mark Parranto as a member of the Advisorsy Cable Committee, based upon his performance and the fact he has been on the committee since its inception. All voted in favor. 7. Health Officers. Egan moved, Wachter seconded a motion to appoint Cedarvale Medical Clinic as Health Officers for the City in 1982. All voted yea. 8. City Council Meetings. tings. Wachter moved, Egan seconded the motion to designate the 1st and 3rd Tuesdays at 6:30 p.m. as the official date for regular Eagan City Council meetings. All voted yea. IQ w �.._'_ Council Minutes January 19, 1982 9. Committee Appointments. a. Personnel Committee. Mayor Blomquist appointed Councilman Tom Egan as Chairman and Councilman Ted Wachter as member. b. Finance Com mittee. Mayor Blomquist appointed Councilman James Smith as Chairman and Councilman Tom Egan as a member. C. Community Development Committee Mayor Blomquist appointed Mayor Blomquist as Chairman and Councilman Jerry Thomas as member. d. Public Works Committee. Mayor Blomquist appointed Councilman Ted Wachter as Chairman and Councilman Jerry Thomas as member. e. APC Liaison. Mayor Blomquist will act as Liaison to the Advisory Planning Commission for 1982. 10. Fiscal Consultant. Smith moved, Egan seconded the motion to re- appoint Miller & Schroeder Municipals as the Fiscal Consultant for the City of Eagan for the year 1982. All voted yea. 11. Legal Consultant. Councilman Wachter moved, Egan seconded the motion to appoint the firm of Paul H. Hauge & Associates, P.A. as the legal consultants for general legal work and prosecution services for 1982, accor- ding to the schedule submitted to the Council. All voted yes. COUNCIL PRESENTATIONS Councilman Wachter expressed his concern that all members of the Council be permitted to hear the discussion going on amongst Council members during the presentations being made, either by staff members or applicants to the City Council. KINDER CARE - PRELIMINARY PLAT AND CONDITIONAL USE PERMIT The application of Kinder Care - Richard Nordlund for preliminary plat approval for day care center and conditional use permit for day care center in the Pilot Knob Heights First Addition was then considered by the Council. The Advisory Planning Commission recommended denial at its December 22, 1981 meeting. Mr. Hedges explained the proposal and Robert Fors, Realtor, appeared and described the proposal to the Council. He stated that the entire site is about four acres and is owned by the Minneapolis and Phoenix Jewish Federa- tions, but that the Kinder Care is purchasing only about 24,500 square feet. He stated no variances are being required and that the Center will be closed evenings, weekends and holidays. A number of neighboring residential owners were present and objected to the proposal for a number of reasons stated during the course of the meeting. Donna Goff, Kinder Care Regional Director, was present and explained the proposal. She stated that the design is for 100 children with 5 classrooms, kitchen and office. The ratio of students to teacher will be 1 to 4 for infants, 1 to 7 for toddlers and 1 to 10 over 2 1/2 Council Minutes January 19, 1982 years. There was discussion concerning the proposed pond and need for de- tailed grading and drainage plans by the applicant. There was discussion concerning energy code compliance and representatives present indicated that it will exceed the requirements. Councilman Egan recommended the owners submit a proposed development for the balance of the property before acting on any portion of the parcel, noting that the proposal for Kinder Care would be a revision of the original plan. The objections from neighbors included the fact that the Council had indicated earlier, that there would be no access to Crestridge Lane from the commercial area, that the building would be too close to the residential building, that there would be substantially increased traffic on Crestridge, that there appear to be excessive day care facilities in the Eagan area and that there are fewer children in the area. Jan Foldel of Kinder Care discussed the need issue and stated that neighboring owners do not object to the operation in other locations. Herman Markowitz of the Minneapolis Jewish Federation discussed the conveyance by Mr. Applebaum and Mr. Karatz to the Federation in December of 1980 and noted that the Federa- tion's purpose is simply for charitable purposes. After considerable discus- sion, Egan moved, Blomquist seconded the motion to deny the application based upon the following reasons: 1. That the Planning Commission recommended denial. 2. Because the proposed location of the Center is in a position that was intended as a buffer from the residential condominium units. 3. That there is no plan for the balance of the parcel and does not adequately take into account its entire development. 4. That the proposal does not conform with the development proposed under the Planned Development for that specific area. 5. That it is not a desirable plan to isolate a small portion of the development separately without reviewing the plan for the entire parcel. All voted in favor. SEE PLAT FILE KINDER CARE - INDUSTRIAL REVENUE FINANCING The application of Kinder Care for Industrial Revenue Financing for the Kinder Care facility on Crestridge Lane was next discussed. Egan moved, Smith seconded the motion to deny the application for the particular site noting that minimum amount of financing allowed under Eagan Policy is $500,000.00, excluding land. All voted yes. 7 Council Minutes January 19, 1982 KNOB HILL - PRELDMARY PLAT The application of Edmund B. Dunn of Blackhawk Park Associates for re- zoning from A (Agricultural) to PD (Planned Development) to include limited business, townhouse and condominium development and preliminary plat approval of Knob Hill was next considered. The Advisory Planning Commission recom- mended approval at its December 22, 1981 meeting subject to conditions. The application covered 40 acres with 10.5 acres of limited business, 19.7 acres of residential, which would consist of 84 condominium units and 102 townhouse units. The plat would include 11 lots, of which 5 lots were proposed for limited business and 6 lots for residential development. Mr. Dunn, Jack Boarman, Architect, and Greg Frank, Engineer, were present for the applicant. It was noted that the parcel is not included in the Blackhawk Park Planned Development. It is now being proposed to reduce the density to 93 townhouse units and 60 condominiums. The revised report of Dale Runkle of January 15, 1982 was reviewed. Mayor Blomquist was concerned about the capacity of the sanitary sewer facilities, including the Seneca Waste Water Treatment Plant, noting that increased density is being proposed in relation to Eagan's Compre- hensive Plan. Mr. Dunn indicated that he would explore the issue in depth with the staff and Metropolitan Council and it was noted that the Metropolitan Council must review, any increase in density. It was also noted that some grading will be required on the site to correlate with the new grades on Pilot Knob and Diffley Road and there were also concerns about conformity with grades in the Hilltop Commercial site. There were concerns about the type of development to the north and west and it was suggested contacts be made with the owners of those parcels. It was also noted that the assessments would be revised to comply with the proposed uses. Wachter moved, Egan seconded the motion to continue the application until the next regular meeting for further study, including proposed grades for the property, sanitary sewer capacity, proposed access to and use of the land to the north and west, the overall drainage for the area and parking for condominiums. All voted yes. KATHLEEN SCHWANZ - CONDITIONAL USE PEMUT The application of Kathleen Schwanz for conditional use permit to allow a beauty shop in a residential area in Lot 5, Block 3, Saddlehorn Addition, was considered by the Council. Ms. Schwanz was present and the APC recommended approval at its December meeting. A Petition from property owners was submit- ted generally approving the application. Wachter moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. Hours of operation will be from 8:00 a.m. to 8:30 p.m. only. 2. The only employee shall be an occupant of the household. 3. Customer parking must be on site and limited to two (2) customer automobiles. 4. There shall be no commercial signs advertising the business. 5. There shall be no over - the - counter sale of merchandise. k r a, Council Minutes January 19, 1982 6. The permit shall be granted on an annual basis. 7. All other applicable ordinances must be followed. All voted yes. WESLEY MEDIN - WAIVER OF PLAT The application of Wesley Medin for waiver of plat in order to split a 2.3 acre parcel into two single family lots at 1325 Carriage Hills Drive was next discussed by the Council. Mr. & Mrs. Medin were present and the APC recommended approval subject to certain conditions. Egan moved, Thomas sec- onded the motion to approve the application, with the understanding that the application will comply with zoning, water and sanitary sewer requirements of the City as follows: 1. No variances shall be granted for the newly created lot. 2. Drainage and utility easements shall be required along all lot lines. 3. Any assessments on either of the newly created lots shall be handled separately. Presently there are no assessments on either lot. All voted yes. R 82 -4 COACHM OAKS APARIXENT - AMUSEMMT DEVICE APPLICATION An application from the owners of the Coachman Oaks Apartments for a permit for 3 game machines in the Coachman Oaks Apartment complex was then discussed by Council members. There were concerns about compliance with the ordinance provisions concerning hours of use. Egan moved, Smith seconded the motion to continue the application for further study and report to the Council. All voted yea. PROJECT #353 - THM HIGHWAY 55 UTILITY REVISIONS A SIGNALS Mr. Colbert reviewed with the Council the Feasibility Report for Improve- ment Project #353 covering utility revisions and signals on Trunk Highway #55 due to the construction of I -494. Several revisions to the existing utilities within State right of way are required which will be at City's cost. The costs will be funded from trunk utility and major street funds and therefore there will be no assessments associated with the project. Sanitary sewer, water main, storm sewer and traffic signals will be involved and it was noted that certain other changes result from the potential need to replace some water mains and relocation of certain utility lines. Smith moved, Wachter seconded the motion to receive and approve the Feasibility Report and to authorize the preparation of a Cost Participation Agreement with the Minnesota Department of Transportation. All voted in favor. 0 l " __ Council Minutes January 19, 1982 PUBLIC WORKS The City Administrator and Director of Public Works have completed the reorganization of the Public Works and Maintenance Division and recommended approval of the reorganization according to the Memorandum that has been distributed to the Council. It includes certain revisions to salary levels for members of the Maintenance Department. Wachter moved, Egan seconded the motion to approve the recommendations as submitted by the staff. All voted yea. LOCAL GOVERNMENT AID AND HONESTEAD CREDIT REDUCTION Mr. Hedges reviewed with the Council changes in local government aid and homestead credits and requested the Council direct a review of the 1980 Budget and that the City Administrator prepare alternatives for budgetary reductions in 1982 in the amount of $52,130.00. There was discussion concerning expected revenue losses and the Administrator was directed to review such alternatives. URBAN PLANNING AND DESIGN FEES The Council reviewed the fee schedule submitted by Urban Planning and Design, the Eagan planning consultants. Wachter moved, Egan seconded the motion to continue consideration of the fee schedule. All voted yes. R. L. JOHNSON - ALEXANDER ROAD City Attorney Paul Hauge reviewed with the Council a proposed settlement of the assessment dispute regarding Alexander Road improvements being levied against property owned by R. L. Johnson. He noted that the proposal is for a 15 year assessment spread, covering the entire cost and certain other condi- tions. After discussion, Egan moved, Smith seconded the motion to approve the proposed settlement of the assessment appeal and that the City Attorney be directed to prepare an agreement to be submitted to R. L. Johnson for approval and then returned to the Council for final approval. All voted yes. SUPER AFRICA STATION The staff members indicated that conditions for approval of the plat for the Super America Station had not been imposed by the Council and recommended that conditions be prepared and submitted to the Council for review and action. No action was taken. Egan moved, Wachter seconded the motion to approve the following Checklist dated January 19, 1982(2 All voted in favor. 10 Council Minutes January 19, 1982 ADJOURNHM Upon motion duly made and seconded, the meeting adjourned at 12:30 p.m. All voted yea. PHH l-!WS , Ey Clerk 11