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05/03/1983 - City Council Regular 0€1 J. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 3, 1983 A regular meeting of the Eagan City Council was held on Tuesday, May 3, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, City Engineer Rosene, Public Works Director Colbert, City Planner Runkle, and City Attorney Keller. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as distri- buted. All voted yes. MINUTES 1. April 19, 1983 Regular meeting. Upon motion by Smith, seconded Thomas, it was resolved that the Minutes be approved as distributed. All voted yes. 2. April 12' 1983, Special Joint Meeting of Advisory Planning Commis- sion and City Council. Egan moved, Wachter seconded the motion to approve the Minutes. All voted yes. CONSENT AGENDA The following Consent Agenda items were presented to the Council for consideration and recommended by the staff for approval: 1. General Contractors' Licenses. A list of 6 additional general contractors, one roofing contractor and 2 heating and ventilation contractors were added to the list of contractors to be approved for licensing. All contractors have complied with City Ordinances. 2. Project #377 - Brittany 6th Addition - Streets and Utilities. A Petition had been submitted by Carl Tollefson of Tollefson Builders, Inc. requesting the City of Eagan to simultaneously prepare detailed plans and specifications along with the Feasibility Report for the installation of streets and utilities within Sherwood Court to service the proposed Brittany 6th Addition, which will be a replat of Outlot C, Brittany 3rd Addition. Staff recommended that the Council receive the petition and approve the pre- paration of the feasbility report for Project #377. 3. Vacation of Public Right-of-Way - Outlot Brittany 3rd Addition. A Petition had been submitted by Carl Tollefson of Tollefson Builders, Inc. requesting the vacation of Sherwood Court, adjacent to Outlot C, Brittany 3rd Addition, and it was recommended by the staff to receive the Petition and authorize a public hearing to be scheduled for June 7, 1983. 1 c.. Council Minutes May 3, 1983 Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved as provided and to be ordered implemented. All voted in favor. LOCAL GOVERNMENT AID Because of the early hour, it was determined that the administrative items should be discussed prior to the commencement of public hearings. City Administrator Tom Hedges updated the Council and the public regarding proposed bills in the State Legislature regarding local government aid. It appears at the present time that in spite of efforts by the Mayor and the City Adminis- trator including testifying before the Legislature, that it is very likely that the City of Eagan will be subject to 100% cut in local government aid for the year 1984. During lengthy discussion, it was pointed out that the present formula for distribution of local government aid appears to reward spending and punish those cities which exercise frugality as measured by expenditures per capita. Under the present proposal, other cities, which would receive 100% cuts include Eden Prairie and Plymouth. The Council felt that the public should be made aware of efforts being made by the Council and staff to pur- suade legislaters to provide a fair distribution method relative to local government aid. POLICE DEPARTMENT Councilman Wachter expressed his and the Council's gratefulness to the Police Department for its efforts in the handling and completion of criminal matters. SHEFFIELD CIRCLE VACATION Mayor Blomquist convened the hearing regarding vacation of Sheffield Circle. Because notification problems, staff recommended continuance of this matter to May 17, 1983 . Upon motion by Egan, seconded Smith, the public hearing was continued to May 17, 1983 at 7:00 p.m. at the City Hall. All voted yes. MALLARD PARK 1ST - VACATION Mayor Blomquist convened the hearing regarding vacation of Mallard Park 1st. Because of notification problems, staff recommended continuance of this vacation hearing to May 17, 1983. Upon motion by Wachter, seconded Egan, the matter was continued to May 17, 1983 at 7:00 p.m. at the City Hall. All voted yes. 2 Council Minutes May 3, 1983 OAK CHASE 1ST - VACATION Mayor Blomquist convened the hearing regarding vacation of Oak Chase 1st. Because of notification problems, staff recommended continuance of this vaca- tion hearing to May 17, 1983. Upon motion by Egan, seconded Thomas, the matter was continued to May 17, 1983 at 7:00 p.m. at the City Hall. All voted in favor. BOND SALE - WATER TREAT ENT PLANT Mr. Ernie Clark of Miller & Schroeder Municipals, Inc. was present to recommend the approval of the resolution to sell $6,000,000 of general obliga- tion revenue bonds with a bond sale scheduled for 12:00 noon June 1, 1983, and a special City Council meeting set for 5:00 p.m. on that date to consider a council award of the water revenue bonds. Egan moved, Smith seconded the motion to approve the sale date of June 1, 1983 for 12:00 noon for the sale of $6,000,000 of general obligation water revenue bonds, and to set a special City Council meeting for 5:00 p.m. on that date to consider the award of bids for the bonds. All voted in favor. CODE AMENDMENT - SIGNS Although the staff has had time to make recommendations regarding the spacing of advertising signs under the existing code, it was recommended that the matter be continued to May 17, 1983 so that the Advisory Planning Commis- sion members might address the proposals at its workshop on May 10, 1983. Thomas moved, Wachter seconded the motion to continue the considerations of sign provisions under the Code until the May 17, 1983 meeting. All voted in favor. WINDTREE 3rd ADDITION - REZONING AND PRELIMINARY PLAT Windtree Company and Richardson Properties, Inc. had requested a contin- uance until May 17, 1983 of their request for rezoning from R-1 to R-1 PD and for preliminary plat approval of Windtree 3rd Addition. The request was made because of plans for the Advisory Planning Commission to discuss the defini- tion of planned unit development at their May 10 workshop. Upon motion by Egan, seconded Smith it was moved to continue the application for rezoning and preliminary plat to the May 17, 1983 Council meeting. All voted yes. 3 0('113 Council Minutes May 3, 1983 RESOLUTION - RACING FACILITY The Dakota County Ad-Hoc Racing Coalition had requested that the City show support for a racing facility located in Dakota County by adopting a Resolution supporting such a facility. It was moved by Smith, seconded Thomas to approve the Resolution supporting a racing facility in Dakota County. All voted in favor. Mayor Blomquist also made a motion to formally receive the coalition's Racing Facility Report, seconded by Smith. All voted in favor. R 83-22 PRELIMINARY PLAT AND REZONING - WOODHAVEN ADDITION Terry Stover appeared in regard to the rezoning of one acre from CSC to R-4 and for preliminary plat of Woodhaven Addition, consisting of approximate- ly 2 acres and containing two multiple buildings containing 34 dwelling units. It was noted that this plat would require 3 variances, including .4 units per building more than the code allows, a garage variance for the number of covered garage spaces in Building B, and a variance for Rahn Road setback of 2 feet to the front of the proposed buildings. After considerable discussion, Smith moved, Wachter seconded the motion to approve the application for re- zoning. All voted yes. Thomas then moved, Smith seconded the motion to recommend approval of the preliminary plat, along with the required variances, subject to the conditions recommended by the Advisory Planning Commission: 1. There shall be a maximum of 17 units per building which shall include 17 inside garages for Building A and 13 inside garages for Building B, resulting in less impact on the park to the east, the four additional parking spaces being made up in outside parking. 2. The variance shall provide for 17 units per building. 3. The outside parking spaces and drives shall meet all the City Code requirements. 4. A detailed landscape plan shall be submitted and reviewed by staff prior to final plat approval. 5. A development agreement shall be entered into and approved prior to final plat. 6. All easements shall be dedicated as requested by City staff. 7. The development plan shall be subject to the Park Commission's recommendations of April 15, 1983 as follows: a. That a cash dedication be required at the time of final plat. 4 oc l1r4 Council Minutes May 3, 1983 b. That an 8 to 10 foot bench be provided for future trailway which would tie into the proposed existing trails within Woodhaven Park proper. c. That acceptable ground cover or terracing be put into place to stabilize soils and slopes. d. There shall be a landscaping bond which shall be in effect for at least two growing seasons to insure stability of the soil on park property. e. That as many trees as possible shall be saved. f. That the developer shall provide retaining walls if necessary, in accordance with staff recommendations to allow the trail to be in place. g. Fill shall be allowed on park property with minimal grades impacted on the site as approved by City staff. 8. All applicable City Code provisions shall be complied with. 9. That a 40 foot half right-of-way shall be dedicated for Beau D' Rue Drive and for Rahn Road. 10. Ten foot utility and drainage easements shall be provided along all publicly dedicated rights-of-way and 5 foot drainage and utility easements shall be dedicated along all exterior lot lines, with a 10 foot drainage and utility easement centered over all interior lot lines. 11. This development shall accept its responsibility for lateral benefit for trunk water main at the rates in effect at the time of final plat approval. 12. All costs for installing sanitary and water services, internal storm sewer, driveways, concrete curbing and parking areas, shall be the sole re- sponsibility of this development, along with the costs of extending the City's existing 21 inch storm sewer to the proposed embankment. 13. The access from Building A to Beau D' Rue Drive shall be set back 150 feet from the intersection of Rahn Road. 14. A detailed grading, drainage and erosion control plan shall be submitted to the City for approval prior to final plat approval. 15. A setback variance of 2 feet is approved relative to Rahn Road. 16. Grading Plan B with the least amount of grading and fill shall be implemented. All voted yes. R 83-23 SEE PLAT FILE 5 Council Minutes May 3, 1983 PRELIMINARY PLAT - SUNSET ADDITION Brad Swenson appeared on behalf of Joseph M. Miller Construction Company in regard to the request for preliminary plat of Sunset Addition consisting of approximately 5.5 acres and containing 14 single family lots. The Advisory Planning Commission did recommend approval at its regular meeting on April 26, 1983, subject to certain conditions. Upon motion by Wachter, seconded Egan, it was resolved that the preliminary plat be approved, subject to the follow- ing conditions: 1. Adequate right-of-way shall be obtained for Hackmore Drive, prior to final plat approval according to City standards, including the southerly 25 feet. 2. A temporary cul-de-sac shall be provided on the north end of Augusta Lane. 3. No variances shall be allowed for side setbacks unless necessary, due to topography or vegetation. 4. The plat shall be subject to the Park Commission's review and recom- mendation. 5. A development agreement shall be entered into and signed by the applicant prior to final plat. 6. A berming and ponding area shall be constructed over Lot 1, Block 1, so as to contain all excess run-off as a result of this development, until it is made a part of the City drainage system. 7. A drainage easement or written agreement with the property owner to the north, over whose land the run-off from the northern half of this plat will cross, shall be required. 8. A 15 foot utility and drainage easement shall be acquired over Lot 7, Block 2, and a 30 foot drainage and utility easement shall be required centered over the common lot line between Lots 4 and 5, Block 1. 9. Ten foot utility easements shall be dedicated adjacent to all pub- licly dedicated rights-of-way and 5 foot drainage and utility easements dedi- cated adjacent to all exterior lot lines with 10 foot drainage and utility easements centered over all interior lot lines. 10. This development shall be responsible for its trunk area storm sewer assessments and all costs for the installation of streets and utilities within this development. 11. If the utilities and streets are installed privately, the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. All voted yes. SEE PLAT FILE 6 Council Minutes -IA) May 3, 1983 REPLAT - BLOCKS 1, 2, AND 3 EAGANDALE CENTER INDUSTRIAL PARK Tom Davis of Northwestern Mutual Life Insurance Company and Bob Worth- ington of Opus Corporation appeared on behalf of Northwestern Mutual Life Insurance Company for its application, requesting approval to replat a portion of Eagandale Center Industrial Park. The area to be replatted involves Lots 4 through 11 of Block 1, Lots 14 through 26, Block 2, and Lots 15 through 17, and Lots 29 through 36 of Block 3. The Advisory Planning Commission did recommend approval of the replat to the City Council. After significant discussion regarding the new configuration of the streets, lots and park dedication requirements, Thomas moved, Egan seconded the motion to approve the preliminary plat, subject to the recommendations of the Advisory Planning Commission except No. 10 regarding the waiving of park dedication require- ments, but including the following conditions: 1. Approval by the City Engineer of all utility, drainage and grading plans. 2. Replat shall be subject to the approval of the vacation of the affected streets by the City. _ 3. A 20 foot utility easement shall be dedicated along all publicly dedicated rights-of-way with 5 foot utility and drainage easements dedicated along all exterior lot lines and 10 foot drainage and utility easements dedi- cated along all interior lot lines. 4. A 20 foot utility easement shall be dedicated over the proposed water main located within Block 2. 5. The intersection of Avalon Avenue with Corporate Center Drive shall be reconstructed as a "T" intersection. 6. All costs associated with utility and street construction shall be the sole responsibility of this development. 7. A detailed erosion plan/grading plan shall be submitted for approval along with the final plat. 8. All applicable Code provisions shall be met. 9. Rosemount, Inc. and Transilwrap shall be contacted to resolve any questions about impact on their lots. 10. The developer shall work with the City staff to resolve requirements for park dedication and report to the Council for final decision.. All voted in favor. SEE PLAT FILE 7 Ot117 Council Minutes May 3, 1983 Mr. Davis then requested that the Council authorize submission of a building permit for the construction of Eagandale Business Campus Building No. 1 on several lots, which after the replat, will be combined into one lot. Upon motion by Wachter, seconded Thomas, it was resolved that a building permit would be allowed if it met all the other conditions of the City Code and with staff approval. All voted in favor. BRITTANY 5TH ADDITION - FINAL PLAT The Mayor next convened the public hearing for approval of the final plat of Brittany 5th Addition, consisting of two outlots within Brittany 3rd Addi- tion. It was pointed out that reallignment of street and cul-de-sac was necessary to allow the looping of watermain. Upon motion by Smith, seconded Egan it was resolved to approve the final plat, subject to compliance with applicable City requirements. All voted in favor. R 83-24 SEE PLAT FILE PROJECT #12 - ASSESSMENT REFUND NORTHWESTERN MUTUAL LIFE INSURANCE CO. Northwestern Mutual Life Insurance Co. has requested an assessment refund on property which is now owned by the State of Minnesota, but for which Northwestern Mutual has been taxed for the last six years. The amount of $954.66 was clearly paid in error. Upon motion by Wachter, seconded Egan, it was moved to authorize the refund of assessment installments paid under Project #12 for Parcel 10-00300-020-01 to Northwestern Mutual Life Insurance Company in the amount of $954.66. All voted in favor. PROJECT #264 - RUZICKA Director of Public Works, Tom Colbert, then explained the request of Mr. and Mrs. Ruzicka for assessment interest reduction for excess interest in the amount of $573.41 for special assessment interest charges against Lot 5, Block 3, Twin View Manor Addition. While the County requires the payment of the second half taxes and assessment prior to October 31, any prepayment of assessments must be received by the County no later than October 15 in order to be reflected in the following year's property tax statement. Due to the confusion from this system, the Ruzicka's were not credited for prepayment made on October 20, 1982. Thus the amount being requested is interest on an amount paid October 20, 1982 but with interest accruing through 1983. It was moved by Smith, seconded Thomas, to approve the request, subject to discretion of the Finance Director as to whether an abatement or refund would be the desired method. All voted in favor. 8 0€" 1131 Council Minutes May 3, 1983 PROJECT #297 - ASSESSMENT DEFERMENT A special request had been made by Mr. Henry Franz for special considera- tion for senior citizen deferment under City Code Section 2.75, with which he is in complete compliance except for the failure to make such a filing within 90 days of the date of assessment. Upon motion by Blomquist, seconded Thomas, it was moved to accept the application for senior citizen deferment with the condition that the applicant check into Green Acres status and report that information with his application. All voted in favor. TEMPORARY PARKING LOT - DURNINGS RESTAURANT Mr. Jim Durning appeared on behalf of Durnings Restaurant concerning his request for special permit to allow temporary parking for his restaurant on adjacent undeveloped land. It was pointed out that when the land is de- veloped, Mr. Durning has reached an agreement with the owner of the land for an easement for parking purposes after 5:00 p.m. on weekdays and on weekends. It was moved by Thomas, seconded Wachter, to approve the special permit for construction of temporary parking on the condition that the row of parking stalls immediately adjacent to and parallel to Nicols Road be eliminated to allow for future berming. All voted in favor. PRELIMINARY PLAT EXTENSION - LONE OAK HEIGHTS Mr. Jack Clinton appeared on behalf of Orin Aune and Mr. Belfany of Belfany Development and requested an extension of 6 months for the preliminary plat of Lone Oak Heights on the basis that he and another party would continue the project without Mr. Aune. Upon motion by Wachter, seconded Thomas, it was resolved to approve the six month extension of the preliminary plat, subject to clean up of the demolition in the area by June 1, 1983. All Councilmembers voted yes. PROJECT #306 The Director of Public Works indicated that the detailed plans and speci- fications for the construction of Diffley Road from Nicols Road to Blackhawk Road was approximately 90% complete with the exception of the detailed design of the frontage road connection onto the local city streets. After signifi- cant discussion regarding frontage roads and the hearing in which all home- owners present approved the design, Thomas moved, Wachter seconded the motion to approve the plans and specifications for County Contract #30-01 (Project #306) for Diffley Road. All voted in favor. 9 Council Minutes May 3, 1983 PROJECT #330 - LEXINGTON AVENUE The detailed plans and specifications for the installation of storm sewer facilities and street surfacing on Lexington Avenue (County Road #43) from Cliff Road to one-quarter mile north of Diffley Road, have now been completed, reviewed and approved by the City staff and were presented to the City Council for formal approval. Smith moved, Thomas seconded the motion to approve the plans and specifications for County Contract #83-06 (Project #330). All voted in favor. GRADING PERMIT - STEININGER CONSTRUCTION CO. The Director of Public Works, Thomas Colbert, next described the applica- tion for grading permit to place approximately 40,000 cubic yards of material on the property owned by Steininger Construction Company, Inc. located in the northeast corner of Trunk Highway #55 and Lone Oak Road. All required bonds, certificates of insurance, grading plans and application had been satisfac- torily completed, and approved by the staff. Wachter moved, Egan seconded the motion to approve the grading/excavation permit for Parcel 10-00100-030-55 located in the northeast corner of Lone Oak Road and Trunk Highway #55 to Steininger Construction Company, Inc. All voted in favor. CONTRACT #83-9 - CEDAR GROVE STREETS The Director of Public Works then advised the Council that detailed plans and specifications have been completed for the construction/rehabilitation of the existing streets within Cedar Grove 1st and 2nd Additions. Although it is true that specifications would allow for alternate types of bids, it was determined that assessments would be considered pending when the project was approved. It was, upon motion by Egan, seconded Wachter moved to approve plans and specifications for Contract #83-9 and authorize the bid opening to be held at 10:30 a.m. on Thursday, May 26, 1983 at the City Hall. All voted in favor. NnDOT SPEED STUDY RESOLUTION The Director of Public Works advised the Council that MnDOT was requiring that it establish speed limits on upgraded local roads within the City, in- cluding Thomas Lake Road and Galaxie Avenue. After some discussion, Smith moved, Thomas seconded the motion to adopt a Resolution requesting that MnDOT study and subsequently authorize speed limits on all local streets. All voted in favor. R 83-25 10 01 1O Council Minutes May 3, 1983 PARK RIDGE GRADING PERMIT Director of Public Works advised the Council that the application for Ruscon Homes for grading of Park Ridge Addition was in order. Upon motion by Thomas, seconded Wachter, it was resolved to approve the grading/excavation permit for Park Ridge Addition as submitted by Ruscon Homes, Inc. All voted in favor. LONE OAK TREE DEDICATION City Administrator Tom Hedges advised the Council that the ceremony on Wednesday, May 4, 1983 would commence at 11:00 a.m. at Trinity Lone Oak Lutheran Church. PUBLIC INFORMATION It was pointed out to the Council that a ringbinder attached to the back of the room contained Council Packet material for the public's information. The legal staff was directed to check into the requirements for such informa- tion to be provided to the public. ADDITIONAL STAFF Administrator Hedges then advised the Council that the City staff was in dire need of additional manpower during the upcoming months, due to the rapid community growth. Smith moved, Egan seconded the motion to provide blanket approval of hiring of interns and part-time assistants according to the Ad- ministrative's request and recommendation within budgetary guidelines. All councilmembers voted yea. MAYORAL TERM The City Council then directed legal counsel to report back to the Council regarding the process for the possible lengthening of the term of the office of Mayor. CROSSTOWN AUTO Council was advised of the state of disarray of junk and used cars at the Crosstown Auto location. City staff was advised to contact Crosstown Auto advising them that a fence would be required. 11 Council Minutes May 3, 1983 EXTENDED MnDOT CONSTRUCTION The Council advised the Director of Public Works to allow double shift construction by MnDOT contractors within MnDOT rights-of-way. CHECKLIST Upon motion by Wachter, and duly seconded, it was resolved that the list of bills provided to the Council should be paid. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:20 p.m. All voted in favor. DGK LQL-J Cit erk 12