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09/21/1982 - City Council Regular01250 MINUTES OF A REGULAR MEETING OF TRB EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 21, 1982 A regular meeting of the Eagan City Council was held on Tuesday, Septem- ber 21, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist, and City Councilmembers Smith, Wachter, Thomas and Egan. Also present were Public Works Director Colbert, City Administrator Hedges, City Planner Runkle, Consulting Engineer Rosene and City Attorney Keller. City Council took action on the following Minutes: 1. Regular meeting of September 7, 1982. Smith moved, Thomas seconded the motion to approve the Minutes. All voted yes. AGENDA Administrator Hedges suggested under section c. Old Business, that the Wind Energy T.V. Radio Tower Ordinance was not yet ready for discussion due to the need for further information from suppliers of wind energy conversion systems. He suggested that this item be continued and deleted from the agenda. Mayor Blomquist indicated that an item should be added under Public Works Department on a petition presented for a stop sign. Councilman Smith indicated that it would appear more reasonable to handle item VI. A. (Eagle's Nest) at the planned development review at the October meeting. Upon motion by Wachter, seconded Egan, it was resolved that the Agenda be approved as distributed with exceptions of the three changes described above. All voted in favor. NATIONAL BUSINESS VOM!?N•S REEK PROCLAMATION Mayor Blomquist read to the audience a proclamation declaring October 17 to October 23, 1982 as National Business Women's Week. Photographs were taken of the signing of the official Proclamation with representation by Eagan business women. D 82 -15 PARK DEPARTMENT The agenda indicated that there were no items under the Park Department, however, Councilman Smith commented that due to his unavailability for the meeting scheduled for later in the week to discuss the Rahn Park Athletic Field, that it should be discussed later in the Council meeting if at all Possible. Information was not available for discussion and the issue was not discussed at this Council meeting. 1 0(.x_251 Council Minutes September 21, 1982 JOINT CABLE COMMISSION UPDATE Administrator Hedges distributed copies of the RFP (Request for Approval) drafted by the Joint Cable Commission. After a brief report, he indicated that it was necessary to set a public hearing date for approval of the RFP. Upon motion by Egan, seconded Wachter, it was resolved that a public hearing be held for the RFP on October 5, 1982 at 7:00 p.m. at the City Hall. All voted in favor. D 82 -16 NEWSPAPER VENDING MACHINES Administrator Hedges reported that the USA Today had located two news- paper vending machines in the City of Eagan as of September 20, 1982. It was recommended by the Council that the staff attempt to maintain a dialogue with the USA Today and that the newspaper be advised that they are required to obtain a permit and pay permit fees prior to location of newspaper vending machines. 1983 GENERAL FUND BUDGET The Mayor convened the public hearing regarding the 1983 General Budget. Administrator Hedges provided a short explanation of the Summary Statement and opened discussion for the public. There was some discussion regarding funds for tree disease control. After explanation, the budget was approved and the hearing closed upon motion by Egan, seconded by Wachter. All voted in favor. KILLDEER ADDITION - UTILITY ASSESSMENTS The Mayor then convened the assessment hearing regarding Improvement Project #327A covering utility improvements in Killdeer Addition. There were no objections to the project and after explanation, Wachter moved, Thomas seconded the motion to close the hearing, to approve the roll to be spread over five years at 12.5% interest and authorize staff to certify the roll to the Dakota County Auditor. All voted yes. WINKLER /JACKSON ADDITION - SANITARY SEWER - PROJECT #344 The Mayor convened the assessment hearing regarding Improvement Project 4344 covering sanitary sewer improvements in Winkler /Jackson Addition. There were no objections to the project and after explanation by the City Public Works Director, Egan moved, Wachter seconded the motion to close the hearing, to approve the roll to be spread over ten years at 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. It was noted that the assessment would be levied against unplatted property and that the assessment could be respread upon final plat. 9 0(:252 Council Minutes September 21, 1982 41J -14C 10 :1 *6ii 1;'sI.I:1i0a Mayor Blomquist presented a Petition signed by 13 petitioners for stop signs at Sigfrid and Sequoia. Petitioners indicated that stop signs were needed due to the speed of vehicles in that area, location of school bus stop and the presence of large number of young children. Upon motion by Wachter, seconded by Egan, it was requested that the Petition be reviewed by the Engineer. All voted in favor. FIRE DEPARTMENT There were no items to be discussed for the Fire Department. POLICE DEPARTMENT There were no items to be discussed for the Police Department. City staff recommended approval of the following Consent Agenda: 1. Project #366 (4.0 M.G. Safari Water Reservoir). It was recommended that a feasibility report and preparation of detailed plans and specifications for Contract #82 -13 be authorized. There was some discussion regarding the success of negotiations and existence of funds for construction through a developer's letter of credit. 2. Contract #82 -4 - Change Order #1. It was recommended that Change Order #1 for bituminous trail construction in the amount of $17,950.50 be approved. There was some discussion regarding the status of the trail across Blackhawk Road in light of MnDOT construction plans for the 35E- Blackhawk Road intersection. 3. Contract #82 -5 - Change Order #3. It was recommended that the Change Order in the amount of $4,260.75 for additional needed repair work of damages for Projects #337A and #345A be approved. Councilman Smith requested further information from the Public Works Department at a later date. Upon motion by Egan, seconded Wachter, it was resolved that the foregoing Consent Agenda items be approved and that the appropriate officers be authorized to execute the necessary documents. All voted in favor. 06253 Council Minutes September 21, 1982 COACHMAN LAND COMPANY FIRST ADDITION - STREETS The Mayor then convened the assessment hearing regarding Improvement Project #3238 covering street improvements in Coachman Land Company First Addition. There were no objections to the project and after explanation, Smith moved, Egan seconded the motion to close the hearing, to approve the roll to be spread over five years at 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. SAFARI AT RAGAN - STREETS - PROJECT #324B The Mayor next convened the assessment hearing regarding Improvement Project #324B covering street improvements in Safari at Eagan. It was noted that the Developer had objected by letter to the City staff. It was also noted that the objection provided no explanation of the reasons for objections for this project which was completed for less than the cost estimated in the feasibility report. There was no appearance by the Developer at the hearing. A copy of the relevant page of the Development Contract whereby the Developer waived any objections to assessments, was distributed to the Council. Mr. Colbert reviewed in detail, in the packet material distributed to the Council, the improvements made and the benefit to the commercial property which exceed the assessments levied. Wachter moved, Egan seconded the motion to close the hearing, to approve the roll to be spread over ten years at 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. The Council requested that the City Attorney verify that the burden was on the developer to appeal its decision. TOMARK 1ST ADDITION - STREETS - PROJECT #336B The Mayor convened the assessment hearing regarding Improvement Project #336B covering street improvements in Tomark 1st Addition. There were no objections to the project. Public Works Director Colbert explained that the final project was completed at a cost of 4% over the feasibility report. The additional cost was incurred at the developer's request for delay of the project with knowledge that there would be the increased cost. Developer has been personally noticed of this hearing. Egan moved, Thomas seconded the motion to close the hearing and to approve the roll to be spread over five years at 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. 00254 Council Minutes September 21, 1982 WINDCREST 2ND ADDITION - UTILITIES - PROJECT #340A The Mayor then convened the assessment hearing regarding Improvement Project #340A covering utilities in Windcrest 2nd Addition. There were no objections to the project and after explanation, Smith moved, Wachter seconded the motion to close the hearing, to approve the roll to be spread over five years at a rate of 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. WINDTREE 2ND ADDITION - UTILITIES - PROJECT #341A The Mayor then convened the assessment hearing regarding Improvement Project #341A covering utilities in Windtree 2nd Addition. There were no objections to the project and after explanation, Egan moved, Thomas seconded the motion to close the hearing, to approve the roll to be spread over five years at a rate of 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. PARK CLIFF 13T ADDITION - STORM SEWER EXTENSION - PROJECT #359 The Mayor next convened the assessment hearing regarding Improvement Project #359 covering the storm sewer extension for Park Cliff 1st Addition requested by the developer as an emergency erosion control measure. It was recommended that the assessment be levied against the unplatted parcels only. It was noted that the project had not yet been bonded and thus the interest rate on the assessment may need adjustment at a future date. There were no objections to the project and Egan moved, Smith seconded the motion to close the hearing, to approve the roll to be spread over five years at 12% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yes. EAGLE'S NEST HOME - BETTY BASSETT It was noted that Ms. Betty Bassett was present in the audience and therefore the Council's previous action regarding the Agenda was explained to her. It was indicated that the concept change to the PUD in which the Eagle's Nest would be located would be handled at the November Council meeting. Staff was asked to research the procedure under Planned Development and the require- ment for notice to neighbors. Councilman Wachter expressed his concern re- garding notice to neighbors. Upon a motion duly made and seconded, the matter was continued until the Planned Unit Development meeting in November. All voted in favor. 5 00255 Council Minutes September 21, 1982 PROJECT #29T - HARRY & PEARL LEMIEUX The agreement regarding final assessment of this project with the Lemieuxs was received by the Council at this meeting. Wachter moved, Egan seconded the motion to close the hearing and to approve the roll on condition that there be no change in the agreement after review by staff. All voted yes. WIND ENERGY SYSTEM & RADIO T.V. TOWER ORDINANCE In light of the earlier agenda discussion, Egan moved, Wachter seconded the motion to continue this matter so that further information can be gathered by the staff. All voted in favor. NORTHWESTERN NATIONAL BANK - INSTANT CASH MACHINE Mr. Thomas R. Hallbauer appeared on behalf of Northwestern National Bank for conditional use permit to allow a drive -up bank machine in a CSC District, Cedarvale Shopping Center. Mr. Hallbauer presented three alternate site plans for location of the drive -up bank machine, including site No. 3 which placed the facility northeast of the Brown Photo Drive -In, within the Cedarvale parking lot. Councilmember Wachter moved for approval of the third site based upon the limited number of parking spaces taken by the site and the fact that this site, unlike other sites, did not affect the landscaping and berming adjacent to the shopping center and full compliance upon the following condi- tions: 1. A detailed landscape plan shall be required designating the size, quantity and species of additional landscaping to be provided. Also, a landscape bond of an adequate amount shall also be submitted and not released until one year after the landscaping has been completed. Smith seconded the motion. All voted yes. VARIANCE - SIENNA CORPORATION - WEDGEWOOD ADDITION It was noted that due to the early hour (7:50 p.m.) and Mr. Rod Hardy of Sienna Corporation was not present to make a presentation regarding the variance request, the Council decided to continue the action until later in the meeting. Council Minutes September"21, 1982 PRELDUNARY PLAT - ODELL ADDITION The application by David and Patricia Odell for preliminary plat approval of Odell Addition in McCarthy Ridge Addition was then presented. Mr. Daniel Beeson, attorney for the Odells, was present who explained the proposal. He indicated that in his opinion the plat met all of the subdivision standards for an R -1 plat. He also indicated that the restrictive covenants were not an issue due to the 30 year limitation under state law. The Advisory Planning , Commission has recommended denial on August 24, 1982. It was also noted that the issue had been before the Council on June 15, 1982 as a waiver of plat request which was denied for the lack of hardship. Mr. Terry Votel spoke on behalf of homeowners in McCarthy Ridge Addition, a significant number of whom were also present at the hearing. Mr. Votel indicated that the Petitioner was in error in regard to which area of the new lot as a result of the splitting of the original lot, would actually be the frontage. He also described McCarthy Ridge Addition as a fully matured, orderly and stable subdivision for which a replat of this type would present a precedent which could destroy the continuity and aesthetics of the community. He also indicated that it could be argued that the restrictive covenants regarding lot size may still have some relevance. There was a significant amount of discussion by the Council regarding the affect of the covenants, location of the existing garage on the proposed new lot, and the fact that this was not the first replat of a large lot within a subdivision in the City. It was indicated that in the future homeowners such as those in McCarthy Ridge Addition could consider estate zoning in order to preserve the continuity of a neighborhood consisting of large lots. Council then requested legal research by the City Attorney re- garding the covenants, estate zoning, and the significance of the location of the garage on the proposed new lot. Upon motion duly made and seconded, it was moved that the matter be continued until the October 5, 1982 meeting at which time the City Attorney will provide information regarding the matters discussed. All voted yes. VARIANCE - SIENNA CORPORATION - NEDGEWOOD ADDITION The application of Sienna Corporation for a variance for the front set- back of Lots 19 through 26, Block 1, Wedgewood Addition was then brought before the Council. Mr. Rod Hardy appeared on behalf of Sienna Corporation and explained that the Petitioner was requesting the variance for the following reasons: To preserve as many trees as possible in the rear yards of the lots, to provide proper slopes for the houses and maximize rear yard space, and to minimize the cost to buyers. He also indicated that due to the configuration of the plat, the variance would not affect adjacent properties. Smith moved, Wachter seconded the motion to approve a variance of up to 10 feet from the front yard setback, subject to compliance with applicable ordi- nances. All voted in favor. 7 Council Minutes September 21, 1982 PMJ141NARY PLAT - SHEFFIELD ADDITION An application of Gabbert Development, Inc. for preliminary plat of Sheffield Addition consisting of 11.3 acres and containing 42 small single family lots was then brought before the Council. Mr. Wally Gabbert appeared on behalf of the applicant. The Advisory Planning Commission recommended approval at its August 24, 1982 meeting. Mr. Gabbert indicated that the plat had been reduced from 44 to 42 lots to allow 50 foot minimum lot widths in all lots of the proposed plat. He indicated that it was his understanding that the development was zoned R -2 allowing duplex development but that it was the Petitioner's belief that small single family homes were more appropriate. He indicated that the gross density was approximately 3.69 units per acre. Mayor Blomquist indicated to Mr. Gabbert that in actuality, the Council was more concerned about net density and that the net density was 4.65 or 4.44 units per acre, which was on the high side of the range of density allowed within the concept zoning for planned development. Mr. Gabbert was advised that the area to be platted did not have R -2 zoning nor was it designated R -II on the Comprehensive Plan. R -2 designation was merely a concept in general, approved for the planned development. It was indicated that the Council had complete discretion to approve or disapprove of the proposed plat including aesthetics, configuration, community need, continuity within the planned de- velopment, etc. Councilmember Egan indicated that frontage widths of single family housing within planned developments was rapidly shrinking without serious consideration on the part of developers and the City. He indicated that the minimum lot width in Wedgewood Addition had been 70 feet, in Northview Meadows it had been 60 feet and now this addition was being proposed as 50 feet. A great deal of concern was expressed regarding the abandonment of Lot frontage width minimums and the disguising of high density by minimal single lots described as R -1 use. Lot widths less than the minimum allowed in the zoning ordinance may be allowed in a planned development. The Council does have the discretion to determine whether such a configuration within a planned development meets the needs of the community and will provide a plat which is aesthetically pleasing both to the planned development and the community at large. Egan moved, Wachter seconded a motion to continue the matter to the October 5, 1982 meeting provided the developer and staff could develop a plat allowing for minimum 60 foot lot frontage widths. All voted in favor. 0 06258 Council Minutes September 21, 1982 MUNICIPAL FINANCE BOND - SENIOR CITIZEN HOUSING PROJECT Carol Schultz of the Dakota County HRA appeared on behalf of the HRA and presented the proposed tax increment financing to raise $6 million to be used mainly by first -time home buyers to purchase qualified homes from Senior Citizens who may be moving to the new high -rise condominium complex to be constructed in Mendota Heights. She indicated that this plan would not affect the future of similar financing within the City of Eagan. It was also indi- cated that due to population and age distribution, that the City of Eagan would receive a good share of the funds if obtained. Mr. Dan Nelson, Bond Attorney for the project, was also present to provide some explanation of the Internal Revenue Code Regulations affecting the bond proposal. A revision of the housing plan and housing program were discussed. Upon motion made by Smith, seconded Thomas, it was recommended that the proposed ordinance granting the power to the Dakota County HRA to enact the program be approved. All voted in favor. Upon motion by Egan, seconded Wachter, a hearing date of November 9, 1982 at 7:00 p.m. at the City Hall, for formal approval of the ordinance was scheduled. All voted in favor. Upon motion by Egan, seconded Mayor Blomquist, November 9, 1982 at 7:00 p.m. at the City Hall, was set as a hearing date for the hearing of the proposed resolution with regard to the bond issue. All voted in favor. I.R. FINANCING TRANSFER FROM FEDERAL LAND COMPANY TO BASIC PROPERTIES Martin Colon and Charles Bartholdi were present on behalf of Federal Land Company in regard to its request to transfer I.R. financing for its Yankee Office Building IV to Basic Properties. It was noted that the amount requested of I.R. financing had been reduced from $1,537.000.00 to $1,192,000.00, and that the reduction of the bond was proportionate to the reduction of construction, which would eliminate the 5,000 square foot building. Staff had been in contact with Bond Counsel, Michael Jeronimus, who indicated that there was no need for a new application and public hearing in that Basic Properties was qualified for the revenue financing. Councilmember Smith moved, Thomas seconded the motion to approve the transfer. All voted in favor. SEE BOND FILE ERTENSION OF PRELIMINARY PLAT - LEXINGTON PLACE It was noted that the developer was not present for its request for extension of preliminary plat. There was significant discussion regarding problems with clean up in various areas of construction, on the developer's property in the City. It was suggested that until these problems were re- solved, that the extension should not be granted. Upon motion by Wachter, seconded Egan, it was moved to continue the request for extension of time until a later meeting with no decision on whether the extension would be granted. All voted in favor. 9 00259 Council Minutes September 21, 1982 DAMAGED STORM SEVER LINES - HILLTOP CONDOMINIUMS The Director of Public Works then described damage in the amount of $2,600.00 to storm sewer lines within the Hilltop Condominium Plat. It was not clear as to how these trunk lines had been damaged causing complete compaction with silt and buckling of the pipe. It was indicated that the claim for damages would be processed through the developer's insurance com- pany. The Director of Public Works was then directed to negotiate a settle- ment if the insurance did not provide coverage. Smith moved, Thomas seconded the motion to accept the utilities and streets within Hilltop Condominiums for perpetual maintenance, subject to the outstanding claim. All voted in favor. NAEGELE BILLBOARD - CEDAR AVENUE City Administrator Hedges stated that the Naegele Advertising Company has advised that the billboard along Cedar Avenue would provide time and space for community announcements in the near future. Suggestions were requested. MnDOT PARK AND RIDE - CEDARVALE Public Works Director advised the Council that the MnDOT Park and Ride in front of the Cedarvale Shopping Center was proceeding under MnDOT construc- tion. The property is apparently owned by the Slater family with a public highway easement granted some years ago. The Slater family has requested that the City take title to the property at no cost to the City in order to relieve the family of any liability exposure for the property. Council recommended accepting a deed for the parcel with staff to investigate further. 35 -E EXTENSION The Director of Public Works advised the Council that MnDOT has requested concurrent construction of trailway from Cliff Road to the Rahn School area in order to obtain federal funding for the trailway and extension of 35 -E to its intersection with Blackhawk Road. Upon motion by Smith, seconded by Thomas, a feasibility report for sidewalk from Cliff Road to Rahn School along the west side of Rahn Road was authorized. All voted in favor. PILOT KNOB CURBING The Council was updated regarding the problem of flaking concrete on the new curbing along Pilot Knob Road in the northern part of the City. The options of patching the cement or replacing the curbing were presented with the suggestion that any work wait until Spring, allowing better weather for both methods of repair. A Letter of Credit or one year maintenance bond will assure funding for the corrective work in the Spring. Upon motion by Wachter, seconded Smith, it was agreed that the curbing be monitored until next Spring. All voted in favor. 10 Council Minutes 00260 September 21, 1982 Cf 9CKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following Checklists be approved, dated: Aug ust 31 & September 21, 1982 . All voted in favor. 4111; ,iii Upon motion by Mayor Blomquist, seconded Wachter, the meeting was adjourned at 11:30 p.m. DGK ) ()Ad Se Vrary 11