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08/16/1983 - City Council Regular 00231 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 16, 1983 A regular meeting of the Eagan City Council was held on Tuesday, August 16, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Assistant City Engineer Hefti, City Engineer Rosene and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the agenda as pre- pared. All voted yes. MINUTES Egan moved, Wachter seconded the motion to approve the Minutes as corrected. All voted in favor. COUNTY ASSESSOR Bill Peterson from the Dakota County Assessor's office was present and presented three abatement requests covering the M. G. Astleford property, William Jackson property and Dorothy Voit property, according to the abatements scheduled in the packet. Upon motion by Smith, seconded Thomas, it was resolved that the abatements as recommended be approved and implemented. All voted in favor. FIRE DEPARTMENT FIRE ADMINISTRATION PLANS City Administrator Tom Hedges reviewed with the Council the final plans and specifications for the remodeling of the existing City Hall for the con- version of Fire Administration Building and Paramedic storage and sleeping quarters. Mr. Hedges requested authorization to proceed with the design concept for final bidding and recommended that the bids be advertised and opened on September 1, 1983 at 10:00 a.m. at the City Hall. Fire Chief Childers and the two District Chiefs were present and there were questions concerning the plans as prepared by the architect. Egan moved, Wachter seconded the motion to approve the plans and specifications and authorize the City Administrator to proceed with the advertisement for bids with a bid opening set for Thursday, September 1, 1983 at 10:00 a.m. at the Eagan City Hall and for the addition and remodeling to the existing City Hall facility for Fire Administration and Paramedic use. All voted in favor. 1 00232 Council Minutes August 16, 1983 SAFARI RESERVOIR - PAINT City Engineer Bob Rosene displayed several alternate paint colors for the Safari Reservoir. After review, Smith moved, Thomas seconded the motion to authorize the painting of the Safari Reservoir with an oyster shell color paint. All voted in favor. CONSENT AGENDA The following consent agenda items were submitted by the Staff and recom- mended for approval: 1. Conditional Use Permit Renewals. Four conditional use permit renewals were submitted, including E. L. Murphy Trucking Company at 3303 Terminal Drive, Michael Neisius for 4855 South Robert Trail, Walter W. Wosje at 3945 Pilot Knob Road, and Carl Case at 540 County Road #30. It was recom- mended that the conditional use permits be renewed for the months of August and September as presented. 2. Robert B. Lewis House - Sanitary Sewer - Project #385. It was recommended that the feasibility report for Project #385 covering the sanitary sewer improvements to the Robert B. Lewis house be accepted and the public hearing be scheduled for September 20, 1983 at 7:00 p.m. at the Eagan City Hall. 3. Well Site #7 - Contract #82-6. It was recommended that the seventh and final payment for Contract #82-6, consisting of Project #358, covering Well Site #7 to Keyes Well Drilling Company in the amount of $500.00 be approved and that the project be accepted for perpetual maintenance. 4. City Hall Facility Change Order #1. It was recommended that Change Order #1 to the City Hall Facility Contract with Voronyak Construction Co. covering a total Change Order of $2,755.40 be approved. 5. Change Order #3 - Water Treatment Plant - Contract #83-1. It was recommended that Change Order #3 to Contract #83-1 consisting of the Water Treatment Plant improvements with no change in the contract amount, be approved and accepted by the Council. 6. Contractors' Licenses. A schedule of general contractors and a heating and ventilation contractor that had applied to the City for licenses was presented to the Council and recommended for approval. 7. Ridggeliff 1st Addition - Easement Vacation. A Petition has been received by Orrin Thompson Homes for vacation of easements for the replatting of part of Ridgecliff 1st and 4th Additions to Ridgecliff 6th and 7th Addi- tions and it was recommended the petition be received and that a hearing be scheduled for September 6, 1983 at 7:00 p.m. at the Eagan City Hall. 2 Council Minutes 0023 August 16, 1983 8. Lexington Place - Utilities - Project #387. A Petition had been received from Orrin Thompson Homes requesting installation of utilities for Lexington Place 1st Addition. It was recommended the Petition be received and that the Council authorize the preparation of a feasibility report and de- tailed plans and specifications simultaneously as requested by the applicant. Upon motion by Thomas, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved and authorized to be implemented, with the exception of the Petition for utilities in Lexington Place under Project #387 and the Petition for feasibility report for Project #386 covering Knob Hill Office Site. All voted yes. PROJECT #386 - FEASIBILITY REPORT KNOB HILL OFFICE SITE The Petition for Project #386, Knob Hill Office Site was submitted for action. Upon motion by Egan, seconded Smith, it was resolved that the con- sideration of authorization for preparation of the feasibility report be continued until the approval of the preliminary plat for the Knob Hill Office Site. All voted in favor. PROJECT #387 - LEXINGTON PLACE - UTILITIES There was discussion concerning the need to acquire an easement from William Smith, an adjoining property owner, to the Lexington Place Addition consisting of a 16 1/2 foot strip of land that would be crossed by utility improvements. Egan moved, Smith seconded the motion to receive the Petition and authorize the preparation of the feasibility report and detailed plans and specifications with the condition, however, that the applicant, Orrin Thompson Homes, will pay all costs of acquisition of the necessary easements. All voted yes. MILLWORK BARN The staff indicated that complaints have been received concerning the name used by Millwork Barn on the former Jerry Lewis Theatre being the "Pig Pen" and also the debris that has been left around the building. Smith moved, Thomas seconded the motion to request the owners to change the name of the business located in the building. All voted yea. 3 00234 Council Minutes August 16, 1983 SPECIAL CITY COUNCIL MEETINGS The following special City Council meetings were scheduled by the Mayor: August 30, 1983 at 7:00 p.m. to discuss park and recreation plan. August 23, 1983 at 7:00 P.M. to discuss budget and miscellaneous items. RAHN PARK GRANT The City has been noticed by Representative Frenzel's office that the Rahn Park grant for development purposes will be approved, however, the amount is to be determined at a later date. The amount requested was $170,000.00 with Federal participation normally of 50%. No action was taken. BUTWIN ROAD The Police Department has requested consideration by the Council of placing No Parking signs on Butwin Road because of the large number of junk vehicles that have been placed on the north side of the road, adjacent to the City of Rosemount. Several alternates were reviewed including employment of the Abandoned Vehicle Ordinance and it was recommended that further considera- tion of the issue take place at the next City Council meeting. WALDEN HEIGHTS TRUNK STORM SEWER OUTLET PROJECT #384 The continued public hearing concerning Project #384 consisting of Walden Heights trunk storm sewer outlet was convened by Mayor Bea Blomquist. Mr. Hefti explained that a meeting has been held between staff members, John Brown and Glen Kessel. The recommendation being made by the staff is that approxi- matly 12 of 18 acres be assessed within the drainage district on the Brown property, noting that there is a culvert running north across Cliff Road. Mr. Kessel, the attorney for Mr. Brown, was present and agreed to the proposal. Smith moved, Thomas seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications with the understanding that 12 acres of the Brown property would be included in the assessment roll and the balance of about 6 acres would be assessed for storm sewer purposes at the time of the sale of the property, development of the property, or the platting of the property. All voted yes. 4 00235 Council Minutes August 16, 1983 SCHWANZ LAKE TRUNK STORM SEWER - PROJECT #383 The next public hearing convened by the Mayor concerned Project #383 consisting of Schwanz Lake trunk storm sewer. The hearing had been continued from August 2, 1983 in order for staff to research additional information. Staff indicated that they could find no evidence of a 24 inch storm sewer from the Northview Meadows project being installed during 1983 and indicated that a 24 inch storm sewer will be discharged in the vicinity of Schwanz Lake upon completion of Phase 2 of Northview Meadows. Some erosion has taken place as a result of the trunk sanitary sewer lines installed north of Wilderness Run Road, but it did not appear to be carried into the lake by run-off from the area. It was also recommended that the drainage diversion from Northview Meadows directly south to Pond LP 61 would not be economically feasible and recommended the utilization of Schwanz Lake. Mr. Hefti reported on behalf of the staff and stated that the Northview Meadows developers are attempting to pond some of the water on their own property. Mayor Blomquist suggested the Park Director have direct input concerning the pond and Mr. Vraa was not present. He had had concerns about the potential loss of trees and the Park and Recreation Committee's input in the entire process. A number of neigh- boring owners were present with concerns about assessments and also the impact on the proposed park, erosion control from Northview Meadows and stated that in their opinion, significant erosion has taken place in the area. Councilman Smith stated that it is important to proceed because of the high lake level. Some owners recommended that the Council forstall the project for another year because this is a high water level year and only two significant trees allegedly were in danger. It was noted that the consideration of the item was inadvertantly left out of the information column in the Chronicle, although the continuation had taken place at the last meeting. Smith moved, Egan seconded the motion to close the hearing, to order in the project and autho- rize the preparation of plans and specifications. Mayor Blomquist recommended a continuance for additional information. Those in favor were Smith, Egan and Thomas; those against were Blomquist and Wachter. NORTHSTAR TRANSPORT - VARIANCE The application of Northstar Transport, Inc. for amendment to the origi- nal variance to allow a 13.1146 foot setback for the Northstar Transport property on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3 was subitted for review. In January of 1983, the City Council granted a condi- tional use permit for outside storage and variances from setback provisions. It was noted that the concrete contractor installed the parking lot curbs incorrectly and the request for variance was brought to the Council. Dennis Briguet, attorney for the applicant, was present and indicated that contacts had been made with all neighboring property owners and consents have been given. There were no objections. Egan moved, Wachter seconded the motion to approve the application. All voted in favor. 5 00236 Council Minutes August 16, 1983 LULL ENGINEERING - VARIANCE The application of Lull Engineering Co., Inc. for variance to the City requirement of surfaced parking area for the proposed expansion of the Lull Engineering office building on Highway #13 was next presented. Dale Runkle reviewed the application and Orrin Nord was present on behalf of the appli- cant. He stated that the applicant would be required to put down a very thick mat because of the heavy trucks that come into the yard, and requested a variance from the provision to allow crushed rock mat for that reason. Mr. Runkle stated that the upgrading of the facilities at the time of application for building permit is an issue that the City raises with such an applicant. Wachter moved, Egan seconded the motion to approve the application for variance because of the hardship noted, Lull Engineering being a long-term owner in the City and the fact that it keeps its yard in an orderly manner. Councilmembers encouraged the applicant to blacktop the area for office park- ing purposes. All voted in favor. COACHMAN LAND COMPANY 3RD ADDITION - FINAL PLAT The application of Rosewood Corporation for final plat approval of Coachman Land Company 3rd Addition was submitted to the Council. Mr. Runkle briefly reviewed the application and noted that an owner in the Timberline Addition, objected that there was inadequate berming according to the original plans, along the north side of the plat of the area. Fred Katter was present for the applicant, and stated that the applicant has increased the landscaping substantially from the original plan and will provide a berm for the 3rd Addition similar to that in the 2nd Addition. It was further noted that the park dedication has not been completed but was expected to be completed in the very near future. Smith moved, Thomas seconded the motion to approve the application for final plat approval and authorize the Mayor and City Clerk to execute the related documents. All voted in favor. R 83-53 HILLCREST ADDITION - CONTRACT #83-12 - STREETS & UTILITIES Bids have been received under Contract #83-12 for the Hillcrest Addition streets and utilities and the low bid was from Northdale Construction Co. in the sum of $265,831.00. Smith moved, Thomas seconded the motion to award the contract to the low bidder stated above. All voted in favor. EAGAN CHRONICLE - EDITOR David Siegel, the new Editor of the Eagan Chronicle was welcomed by Council members to the Council meeting. 6 00237 Council Minutes August 16, 1983 ROBIN LANE - STREET IMPROVEMENTS - CONTRACT #83-T Bids were opened for Contract #83-7 and it was recommended the low bid of McNamara Vivant Contracting in the sum of $177,323.00 be approved and awarded. Wachter moved, Thomas seconded the motion to accept the recommendation and award the contract to McNamara Vivant Contracting Co. All voted yes. PARK RIDGE - TRUNK WATER MAIN - CONTRACT #83-13 The plans and specifications have been received for Contract #83-13, and based upon the petition from the Developer of Park Ridge Addition, Ruscon Homes, it was recommended the plans and specifications be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Thursday, September 1, 1983 at the Eagan City Hall. Egan moved, Wachter seconded the motion to approve the recommendation and also to add Project #385 consisting of the Robert Lewis Home Sanitary Sewer as a Change Order. All voted in favor. CINNAMON RIDGE 4TH ADDITION - PLAT EXTENSION A request has been received from Zachman Homes requesting extension of the Cinnamon Ridge 4th Addition preliminary plat. It was noted that some conditions have not been completed in the Cinnamon Ridge 3rd Addition, includ- ing a performance bond or letter of credit in the sum of $60,000.00. Staff stated that the applicant will be submitting an application for revision of the plan for the subdivision within a short period of time. Smith moved, Thomas seconded the motion to grant the extension, subject to the submission of a letter of credit or performance bond in the amount of $60,000.00 for the 3rd Addition. All voted in favor. PROJECT #315R - WELL SITE #5 - TRUNK STORM SEWER The continued public hearing covering trunk storm sewer for Well Site #5 under Project #315R was then convened by the Mayor. It was noted the Burow parcel had been assessed for trunk storm sewer under Project #257 in 1981. The City Attorney indicated that the golf course property had no special provision for deferment but that several years ago the Council had authorized deferment of water area assessments for the golf course. There were no appearances except from members of the Ohman family with questions about the amount of the proposed assessment, the interest to be charged and green acres issues. It was noted that their land is green acred but that interest will be charged from the time that the assessment is levied. Serious erosion problems have taken place but it was recommended that the owner of the golf course be contacted concerning the proposed assessments against the golf course. Wachter moved, Egan seconded the motion to continue the hearing until Septem- ber 6, 1983 at 7:00 p.m. at the City Hall with the understanding that staff will contact the owner of the golf course for his comments regarding the project. All voted yea. 7 00238 Council Minutes August 16, 1983 COUNTRY STANDARD SERVICE STATION PERMIT RENEWAL Mr. Hedges stated that further negotiations have taken place between neighboring owners of the Country Standard Service station and recommended continuance until the next regular meeting. Egan moved, Wachter seconded the motion to continue consideration of the permit renewal until the September 6, 1983 meeting. All voted yea. BRITTANY 4TH ADDITION - SIDE YARD SETBACK VARIANCE The application of Tollefson Builders, Inc. for 5 foot side yard setback variance for Lot 14, Block 1, Brittany 4th Addition was submitted. It was noted that the Advisory Planning Commission, at its public hearing on July 26, 1983 recommended denial. Mr. Runkle presented the application to the Council and indicated that apparently the staff had reviewed the wrong lot and that the property in question needing a variance already had a home begun. How- ever, because the garage was located in front of a family room, the variance did not appear to be noticeable and recommended approval of the variance. There were no objections and because of the misunderstanding and the hardship involved, noting the builder had found the error and requested staff approve a variance, Smith moved, Egan seconded the motion to grant the variance because of the hardship involved with the understanding that Lot 13 would be required to have a 10 foot setback and that the garage be located adjacent to the Lot 14 property line. All voted yea. SUNSET 3RD ADDITION - PRELIMINARY PLAT AND REZONING The application of Tri-Land Company for rezoning and preliminary plat approval of Sunset 3rd Addition was submitted to the Council. The Advisory Planning Commission recommended approval of the application to rezone from Agricultural to Single Family and for preliminary plat approval. Mr. Runkle presented the application to the Council and noted that Lot 7 which includes the existing homestead, consists of 3 acres and stated it would be very difficult to subdivide that parcel. Brad Swenson was present and further stated that Lot 7 cannot feasibly be subdivided, but it was suggested the plan for subdivision be submitted prior to final plat approval. Egan moved to approve the rezoning of the property as requested, Thomas seconded the motion. All voted in favor. Smith then moved, Wachter seconded the motion to approve the application for preliminary plat approval with the following conditions: 1. That the developers submit a proposed overlay for Lot 7, consisting of the 3 acre lot. 2. No variances shall be allowed for side yard setbacks except for topographic or vegetation reasons. 8 00239 Council Minutes August 16, 1983 3. The plat shall be subject to the Park Commission's review for park dedication. It. A development agreement shall be entered into and signed by the applicant prior to final plat application. 5. If streets and utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer in accor- dance with City standards. 6. In addition to typical utility and drainage easements, a 20 foot utility easement shall be dedicated over the common lot line between Lots 3 and It, and an easement of sufficient width over the westerly portion of Lot 7 will also be dedicated for storm sewer. 7. A 30 foot half right-of-way shall be dedicated for Golden Meadow Road. 8. All costs associated with extending the existing Golden Meadow Road and the utilities within Golden Meadow Road and also the internal street and utilities shall be the sole responsibility of this development. All voted yes. SEE PLAT FILE R 83-54 NATIONAL ADVERTISING COMPANY - CONDITIONAL USE PERMIT The application of National Advertising Co. for conditional use permit for an outdoor advertising sign in Section 18 on the northbound right-of-way of Cedar Freeway was next presented. The Advisory Planning Commission recom- mended approval for reasons noted in their minutes. Mr. Runkle presented the application and noted that the size is 672 feet, exceeding the City standard by 422 feet and the height is 20 feet above the road level, or 55 feet above the lot level. Representatives of National Advertising Co. were also present. The Council members discussed the Planning Commission minutes and noted that the sign had been issued by the Eagan City Council for a sign on that location in June of 1977 and the permit had been renewed annually by the City and fees have been paid. There was discussion concerning the existence of a Naegele sign along old Cedar Avenue and after discussion, Smith moved, Egan seconded the motion to continue the application to determine if that sign is located in that position and that staff report to the Council at the next meeting. Smith moved, Egan seconded the motion to continue the application of Naegele Outdoor Advertising Co.'s application for conditional use permit in the same general area also be continued until the regular meeting of September 6, 1983. All members voted yes. 9 00240 Council Minutes August 16, 1983 NATIONAL ADVERTISING COMPANY - OUTDOOR ADVERTISING SIGN PERMIT An application was received from National Advertising Co. for conditional use permit for outdoor advertising sign in Section 3, approximately 340 feet north of the north edge of Eagandale Blvd., within the Chicago, Milwaukee, St. Paul, Pacific Railroad right-of-way. The Advisory Planning Commission recom- mended the application be approved, subject to reduction in the size from 672 square feet to 250 square feet. Mr. Runkle reviewed the application with the Council and also stated that Opus Corporation and Northwestern Mutual had sent a letter objecting to the sign, noting that the Eagan policy has been that an advertising sign will be removed from industrial property when the property is developed. They objected to the location within the railroad right-of-way. There were concerns about precedent that would be set by allowing an adver- tising sign in railroad right-of-way, noting, according to the Eagan Zoning Map that it is not zoned. Representatives of the applicant were present and stated that the applicant had a year to year lease with the railroad. Blom- quist moved, Wachter seconded the motion to deny the application for reasons including the following and those cited above: 1. The land within the railroad right-of-way is not properly zoned as Light Industrial. 2. The objections from adjacent property owners, including those cited above and the fact that the image of Eagandale Industrial Park would be adversely affected. 3. The application would require a variance in that the proposal is to exceed the 250 square foot maximum allowed under the Ordinance. Those in favor were Blomquist, Wachter, Egan and Thomas; against was Smith. CLIFF PLACE PROJECT - FINAL IR RESOLUTION Mr. Hedges stated that all documents have now been submitted for the final resolution to consider IR financing in the amount of $1,100,000.00 to Hillcrest Development Co., but that it is expected that the closing will not take place until about September 10. He recommended approval subject to compliance with all City and State requirements. Wachter moved, Egan seconded the motion to approve the final resolution for the Cliff Place Project, sub- ject to compliance with all City and State requirements. All voted in favor. R 83-55 10 00241 Council Minutes August 16, 1983 OAKWOOD HEIGHTS - EXCAVATION PERMIT An application from Countryside Builders for an excavation permit related to the proposed Oakwood Heights 3rd Addition was reviewed by the Council. All requirements were in order and it was recommended that the application be approved. Smith moved, Thomas seconded the motion to approve the application, subject to compliance with all City requirements with the understanding also that adequate erosion control will be implemented. All voted in favor. NICOLS ROAD - IMPROVEMENT PROJECT Jerry Solheim, a resident on Nicols Road, appeared and indicated that it was his impression that certain deviations have taken place in the design from the original understanding concerning the upgrading of Nicols Road. The amount of fill, replacement of missing sod, a safe and usable shoulder, cul- verts, installations, drainage ditches, amount of fill for driveways and the need to resod rather than seed were some of the issues that he discussed. He stated that the shoulder of Nicols Road is almost non-existent and that there is a clear lack of adequate parking for guests for the homeowners on Nicols Road, and also a safety problem during wet and icy weather. After discussion, Smith moved, Egan seconded the motion to authorize a Change Order to the existing contract to conform with the request of the majority of the owners under a reasonable cost basis. All voted in favor. DAKOTA COUNTY CETA PROGRAM The City Administrator announced that a letter had been received from Dakota County CETA office indicating that the Minnesota Emergency Employment Development Program is now being implemented, which allocates $1,000,000.00 to Dakota County for six-month temporary jobs over a two-year period. After discussion, Egan moved, Smith seconded the motion to authorize the City to authorize job request forms to be submitted. All voted yes. VOLUNTEER LAWN SPRINKLING BAN Tom Hedges noted that there have been some complaints about violators who are using an excessive amount of water during the sprinkling ban but stated that overall, the ban is working well, and there is high compliance. The Water Department, however, was asked to assist in monitoring the violators. PROJECT #SP-001 - CITY HALL Upon motion by Wachter, seconded Egan, it was resolved that a Change Order to the existing City Hall Contract be authorized with the approval not to exceed the budget to include parking lot, curb and gutter and sidewalks. All voted in favor. 11 0()242 Council Minutes August 16, 1983 CHECKLIST Wachter moved, Egan seconded the motion to approve the following check- list: July 31. 1983 and August 16. 1983 All voted yea. LOCAL GOVERNMENT AID Mr. Hedges stated that notification had been received from the State of Minnesota that $212,888.00 will be paid to Eagan in the form of Local Govern- ment Aid for 1984 which is $184,000.00 below the normal amount of state aid that would have been received in 1984. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:10 p.m. All voted yea. PHH City 9Jerk 12