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05/02/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 2, 1978 A regular meeting of the Eagan City Council was held on May 2, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Egan, Parranto, Smith and Wachter. Also present were: City Administrator Hedges, City Clerk Bolke, City Engineer Rosene and City Attorney Fzauge. AGENDA. After the Pledge of Allegiance and upon motion by Smith, seconded Parranto, all members voting yes, the agenda as presented was approved with the exception that the application of Vernon Colon for liquor license on 3434 Washing- ton Drive was continued at the applicant's request. MINUTES. Parranto moved and Wachter seconded a motion to approve the minutes of the April 12th and April 18, 1978 Council meetings as distributed. All members voted in favor. DONALD CUMMINGS LOT WAIVER. Mr. and Mrs. Donald Cummings appeared and request- ed, through Councilman Egan, that the Council waive its' requirements for public hearing for changing lot lines between Lots 1 and 2, Block 4, Country Home Heights Addition. It was noted both lots had recently been sold and Mr. and Mrs. Cummings had applied for a building permit, which is being held up because of adjustment of lot lines. It now appears that with the adjustment there is sufficient front- age on Inland Road to comply with the applicable ordinances. All neighbors had consented to the waiver under Ordinance #10. Smith moved and Parranto seconded a motion to grant the waiver of plat without formal hearing on the basis of hardship, and it appears there were no objections. All members voted in favor except Council- man Egan who abstained. FIRE DEPARTMENT. Fire Chief Bob Childers was present as was Stuart Henning, the Fire Prevention Officer. They reported on the success of the Spring Clean-Up project. PARK COMMITTEE. A. City Administrator Hedges reported that a grant has now been approved in 5-2-78 the sum of about 815,000 for 50% funding for two tennis courts and lights for four tennis courts at Rahn Park by the State of Minnesota. Smith moved and Wachter seconded a motion to order the City Engineer to prepare the plans and specifica- tions for the installation of the tennis courts and lights. All members voted yes. B. City Administrator Hedges next submitted a proposed Shade Tree Disease Resolution requested by the Minnesota Department of Agriculture covering funding of the shade tree disease program. Parranto moved and Wachter seconded a motion, all members voting; yes, to approve the Resolution. PUBLIC 14ORKS DEPARTMENT. Mr. Hedges and Mr. Branch were present and stated that three quotations had been received for rental of a street sweeper. They recommended the low quote of McPhillips at $28 per hour. A petition from citizens in the City requesting street sweeping was reviewed. Wachter moved and Egan seconded a motion, all members voted in favor, to approve the lease with McPhillips for a street sweeper for the Spring of 1978. ZOO SIGNS. The Council discussed the cost of installation of traffic signs necessary because of the opening of the Minnesota Zoo. ?Wachter moved and Murphy seconded a motion, with all members voting yes, to direct the City Attorney to investigate and to prepare a request from the Minnesota Zoo for payment to the City for the cost of installing signs on City roads directly related to the influx of traffic caused by the opening of the Zoo. POLICE FACILITY CHANGE. ORDER. The City Administrator submitted a proposed Change Order including an increase in electrical amperage and bathroom accessory items for the proposed police facility that were not included in the plans for the building. Wachter moved and Egan seconded a motion to authorize the Change Orders and request the Administrator to acquire written explanation concerning the changes. All voted yea. DOUGLAS MARTIN LOAD LIMIT REQUEST. A request from Mr. Douglas Martin, that the City permit construction trucks to use Blackhawk Road beyond the 5 ton spring load limit because of hardship due to construction of a residence at 1750 Monterey. -2- 5-2-78 Although the Council was reluctant to grant such an exception, Wachter moved and Murphy seconded a motion to grant the permit to exceed the load limit up to 7 tor_ capacity for construction of the Douglas Martin residence. All members voted yes, except Parranto who voted no. EAGANDALE CLUB LIQUOR LICENSE. The application of Eagandale Club for Sunday liquor license was next discussed. A representative of the club was present and indicated that the liquor would be served between 12 and 6 p.m. There were ques- tions concerning the serving of food on Sundays on the premises and whether it qualified under the Eagan ordinance and State law. Egan moved and Wachter seconded a motion that a staff member be directed to inspect the proposed Sunday operation and make a recommendation to the Council whether it complies with the applicable statute and ordinance. Yea: all. R. L. JOHNSON 1ST ADDITION FINAL PLAT. The final plat of R. L. Johnson 1st Addition was submitted and requested for approval. Parranto moved and Egan seconded a motion to approve the final plat subject, however, to submission and approval of the appropriate easements and the Development Agreement. All members voted yes. CARRIAGE HILLS MANOR. The application of Property Research and Development Company to rezone from R-4 Residential Multiple to R-1 Residential Single 15 acres in Section 14 and application for preliminary plat approval of Carriage Hills Manor were next discussed. Mr. Ralph Wagner, engineer, and Mr. Leonard Juster, owner, appeared for the applicant, Property Research and Development Company. Mr. Wagner reviewed a single page sketch of proposed development for the balance of the 40 acre parcel, indicating multi-family and stated that the density would be approxi- mately 12 units per acre for the remaining 25 acres. Mr. Juster indicated there are no plans for construction of the balance of the property at the present time. After being questioned, Mr. Juster indicated that he Mould notify potential buyers of the lots about the surrounding zoning and proposed development by giving them drawings of the general area. There were questions concerning the legal implica- -3- 5-2-78 tions of denial of the zoning application and of the application for approval of the preliminary plat and there was great concern by Council members regarding pocket zoning and the potential long range implications of a small Single Family development that could be virtually surrounded by higher density development. Mr. Juster indicated that he would not rezone the balance of the 40 acres to R-1 at the present time because of uncertainty in the marketability of the 15 acre Single Family lots. After considerable discussion and questioning, Wachter moved to rezone the 15 acre parcel to R-l with the requirement that all ordinances be complied with and that all purchasers of lots are fully informed in writing con- cerning surrounding zoning and proposed development. The motion died for lack of a second. Parranto then moved and Smith seconded a motion to deny the applica- tion for preliminary plat approval of Carriage Hills Manor for reasons including the following: 1) That the underlying land is zoned R-4 and, therefore, Single Family is not appropriate development under R-4 zoning. 2) That none of the surrounding land is zoned R-1, but rather is zoned I-1, R-4 and Public Facility, and it does not appear probable in the reasonable future that any surrounding land will be zoned at a low density or used for single family purposes. 3) If permitted to be developed single family, the 35 unit R-1 development would be essentially surrounded by higher uses under present proposed development. 4) It would appear to be an uneconomical development in future years if the surrounding area is developed for higher density uses and could create a market drag on the single family area in the future. 5) It appears that the 15 acre parcel is too small an area for appropriate single family development. 6) It is uncertain whether it is necessary that any of the lots need var- iances for construction purposes. 7) Under the present zoning ordinance, unless zoned to R-1 the lots could -4- 5-2-78 be used for other than single family purposes, causing a mixture of construction in the same development. YES: Smith, Parranto and Egan. NO: Wachter and Murphy. ST. JOAN NEUMANN TEi-1PORARY BEER LICENSE. The application for temporary 3.2 beer license for St. John Neumann Church for May 20, 1978, was upon motion by Parranto, seconded Smith, all members voting in favor, approved. CORDES AND SELL CONDITIONAL USE PERMIT. The application of Peter Cordes and Eugene Sell for conditional use permit for on-sale liquor in conjunction with the proposed bowling alley on Yankee Doodle Road was next presented. Councilman Parranto absented himself during consideration and vote on the issue. Mr. Cordes and Mr. Sell were present as was Jean Parranto on behalf of the applicants. Mr. Parranto stated that it was not economical to overate a bowling alley without a liquor license and stated that there would be no dancing on the premises, there would be no liquor in the gameroom, and that when the junior leagues are in opera- tion, no liquor would be served. A large number of neighbors were present, most of whom objected to the application. A representative of Surrey Heights Home- owners Association appeared and opposed the application. There were objections relating to traffic problems, possibly insufficient parking, and that there were excessive liquor licenses granted in the area. The Advisory Planning Commission recommended against approval. Councilman Egan recommended the applicants look for a more appropriate alternate location. Murphy moved and Egan seconded a motion to deny the application for conditional use permit. Those in favor were Murphy, Egan and Wachter. No: Smith. MEADOW RIDGE TOI4MHOUSE PROJECT. Mr. Louis R. Lundgren., the managing general partner of Meadow Ridge Townhouses project appeared and requested a waiver from the Council under Ordinance #52 to permit the applicant to acquire necessary building permits for the multi-family Meadow Ridge project at Letendre and Coach- man Roads. He stated that the project would consist of 77 units on 10 platted acres with R-4 zoning. H & Val J. Rothschild is the owner and he stated that he -5- 5-2-78 understood at the time of acquiring the property that all approvals from the City had been granted. Mr. Hedges reviewed the history and indicated that in 1975 the City Council had informally considered the project but that no application appeared to have been submitted by developers of the project at any time. It was noted that there must be a separate platted lot for each building and that the applicant must apply under Ordinance #52 for approval of its development plan by the Planning Commission and Council. Council members indicated that the City Council has taken a stand in favor of scattered site low income housing and generally agreed with the Dakota County LIRA that concentrated low income housing is not desirable. Smith moved and Wachter seconded the motion to deny the re- quest to waive the requirements under Ordinance #52 and that the developer be required to comply with Ordinance #52 including submission of a proposed develop- ment plan to the Planning Commission for review and further, that the City Council be on record issuing an advisory statement that in the event that the developer submitted an application for the proposed 77 unit concentrated Section 8 housing project, that the Council would not favor the project for the reason that the City Council has taken a position in favor of scattered low income hous- ing. All members voted in favor. ROBERT CLARK VARIANCE. Mr. and Mrs. Robert Clark appeared on behalf of their request for variance from Ordinance #5 and Ordinance #52 to permit four dogs on their property at 3656 Riverton, including variance under Ordinance #52 and variance under Ordinance #5 for kennel permit. A petition from neighboring property owners objecting to more than three dogs in a residential area was sub- mitted and several objecting neighbors were present. The Advisory Planning Commission did not adopt a motion and, therefore, recommended denial of the application. Smith moved and Parranto seconded a motion to deny the application because of the objections from surrounding property owners and that there did not appear to be sufficient hardship to grant the variances. All members voted in favor. -6- 5-2-78 DON COATNEY, 1730 CRESTRID(:E LANE. Mr. Coatney ap»eared and explained his severe water problems on his lot due to the low elevation. He acquired a building permit for single family residence in November 1976, and constructed a walkout basement. Mr. Coatney discussed with the City Engineer several alternates to solve the water problem, but it did not appear that the neighboring property owners would be in favor of a storm sewer project in the area. No action was taken. BLACKHAWK PARK PD. Mr. Rod Hardy of Dunn & Curry appeared and requested that the City Council authorize a feasibility study for utilities for a portion of Blackhawk Park, called Eagan Hills South Phase 1. It was noted that Rosemount School District #196 School Board has now authorized construction of an elementary school on a 15 acre site in the area and Mr. Hardy indicated that negotiations are proceeding for the sale of the property to the school district. Mr. Hardy stated that Dunn & Curry would dedicate the requested trail and streets upon completion of the platting of the property. Wachter moved and Egan seconded a motion to direct the City Engineer to prepare a feasibility study at the earliest possible time. All members voted in favor. NAEGELE OUTDOOR ADVERTISING COMPANY. Mr. Craig Lofquist and Mr. Dan Henjum appeared on behalf of the application of Naegele Outdoor Advertising Company for conditional use permit for 10' x 25' pylon advertising sign on Yankee Doodle Road East of Pilot Knob Road. The double-faced poster panel sign would be 250 square feet and the applicants stated that they would comply with all existing ordinances. In addition, Hr. Lofquist indicated that the lease with the owner provides that upon sale, platting or condemnation, the advertising sign would be removed. One neighboring residential owner objected to the sign. Parranto moved and Smith sec- onded a motion to approve the application subject to the applicant's filing with the City a copy of a signed lease with the landowner that the sign would be removed at the request of the landowner upon the conditions stated above, and that there be no direct lighting on the roadway or the adjacent nrorerty owners. All voted in favor except Wachter, who voted no. -7- 5-2-78 PATTI HOMES CO10ITIONAL USE PERMIT. The application of Patti Homes, Inc. for conditional use permit for trailer sales on part of Lot 7, Robert O'Neil Homestead, on the McKee property on Highway #55 was next considered. The APC recommended approval, subject to conditions. Mr. John Darling, planner, appeared for the appli- cant. Parranto moved and Egan seconded a motion, with all members voting yea, to approve the application subject to all of the recommendations of the Advisory Planning Commission except that upon issuance of the conditional use permit, that a minimum of six parking spaces will be surfaced with asphalt and the remainder of the area shall be maintained with a gravel surface at all times. FRANK KNOLL WAIVER OF PLAT. Mr. Frank Knoll appeared on behalf of his re- quest for waiver of plat requirements for Lot 1, Carlson Acres on County Road ##30 to split the lot into two parcels. It was noted that it was a very large parcel with laterals assessments causing hardship on the owner. Wachter moved and Egan seconded a notion to approve the application subject to the Planning Commission recommendations. All members voted in favor. DON CHRISTIANSON BUFFER HILLS PLAT. Donald Christianson appeared regard- ing his application for rezoning from R-1 Residential to R-3 Residential Townhouse and for preliminary plat approval of Buffer Hills covering 6.5 acres East of Pilot Knob Road and North of Fish Lake. The APC recommended approval subject to certain conditions. Mr. Christianson stated that he would comply with the conditions recommended by the Planning Commission. Wachter moved and Egan seconded a motion to approve the preliminary plat, with all members voting yes, subject to the recom- mendations of the Planning Commission, it being understood that the plat will pro- vide for 75 foot half right-of-way or. Pilot Knob Road and that the interior street will be dedicated with the plat. KENNETH FLEMING VARIANCE. Mrs. Charlotte Fleming appeared on behalf of Mr. and Mrs. Fleming's application for variance under Ordinance #52 for front yard setback for addition to single family residence on Lot 7, Block 7, Country Home Heights, 2832 Beam Lane. It was noted that a variance of 18 feet is requested and -8- 5-2-78 the APC recommended approval noting the peculiar circumstances of the lot and the hardship involved. Parranto moved and Wachter seconded a motion, with all members voting in favor, to grant the variance. BUFFER HILLS UTILITY PETITION. The request of Don Christianson as the de- veloper of Buffer Hills Addition for sewer and water improvements on a two-phase basis in the Addition was next submitted. Parranto moved and Egan seconded a motion, all members voted yes, to authorize the Engineer to prepare a feasibility study and report to the Council. . DREXEL HEIGHTS ADDITION FINAL PLAT. Mr. Ralph Wohlers appeared regarding the application of Pilot Knob Properties for approval of the final plat of Drexel Heights Addition. Smith moved and Wachter seconded a motion to approve the final plat subject to compliance with all ordinances including the execution of an an- propriate Development Agreement. All members voted yes. PILOT KNOB HEIGHTS 5TH ADDITION FINAL PLAT. The Council next reviewed the final plat of Pilot Knob Heights 5th Addition. Parranto moved and Smith seconded a motion, all members voted yea, to approve the final plat subject, however, to fulfillment of ordinance requirements and execution of an appropriate Development Agreement. DREXEL HEIGHTS ADDITION PILOT KNOB HEIGHTS ADDITION IMPROVE1ENTS. A re- quest by Pilot Knob Properties for feasibility study for Pilot Knob Heights 5th Addition and Drexel Heights Additions was submitted to the Council. Wachter moved and Egan seconded a motion to order a feasibility study by the City Engineer for utilities and streets in Pilot Knob Heights 5th Addition. All members voted yes. Egan then moved and Parranto seconded a motion, with all members voting in favor, to request the City Engineer to prepare a feasibility study for street improve- ments in Drexel Heights Addition. Smith then roved and Wachter seconded a motion, all members voting yea, to direct the City Engineer to prepare a feasibility study concerning the outlet from Fish Lake for storm sewer purposes. PROJECT #193 CHANGE ORDER. City Engineer Rosene reported on the need for a -9- 5--2-78 Change Order consisting of $1,540 for reservoir site grading covering Project #193. Smith moved, Egan seconded a motion, all members voted yes, to approve the Change Order. CONDITIONAL USE PERMITS . 1. Cedarvale Fish & Pet Center. Parranto moved, Smith seconded a motion, all members voted yes, to approve the conditional use permit. 2. Charles Ruegger Vegetable Stand, Cedar Avenue. Smith moved, Wachter seconded a motion to approve the renewal of the conditional use permit at the current location on Cedar Avenue. All members voted yes. MALLARD PARK 2nd and 3rd ADDITIONS FINAL PLATS. Mr. Stanley Krueger appeared on behalf of Willmus Properties for final plat approval of Mallard Park 2nd and Mallard Park 3rd Additions. Roadwork Agreements have been submitted by the aovli- cant and the park dedication requirements are in the process of being completed. The Councilmen were concerned about mixture of development in the R-4 zoned property and Mr. Krueger indicated that the developer intends to construct only single family in the 2nd and 3rd Additions. In addition, Mr. Krueger requested that the City proceed with the utility and street improvements. Parranto moved and Murphy seconded a motion, all members voting in favor, to approve the plans and specifications for the utility and street improvements and to direct the Clerk to advertise for bids to be opened on June 5, 1978, at 3 p.m. at the City Hall, with the understanding, however, that the contract will not be awarded for the improvements until a satisfactory agreement is entered into with the City relative to development of the property. CEDAR AVENUE STORM SEWER EASEMENTS. City Attorney Hauge reported on the progress of acquisition of easements on Cedar Avenue for storm sewer improvements in conjunction with the MDT/DOT Cedar Avenue project. It was noted that the Pond Easement on the Richard Kennealy property has not been acquired by the City and the Council, therefore, recommended that the Engineer design the storm sewer pro- ject on the West side of Cedar Avenue to temporarily by-pass the pond area and -10- 5-2-78 that the City Attorney continue to negotiate for the acquisition of the necessary road and storm sewer easement right-of-way. STORM SEWER PLANS. The City Engineer submitted a set of plans and specifi- cations for storm sewer covering Cedar Avenue storm sewer Phase 2, St. Francis Wood and Oak Chase 4th Addition consisting of Project #227A. Wachter moved, Egan seconded a motion, all members voted yes, to approve the plans and specifi- cations and to authorize the Clerk to advertise for bids to be oaened on June 5, 1978, at 3 p.m. at the City Hall. CITES MAR 5TH ADDITION DEVELOPMENT AGREEMENT. The Development Agreement for Ches Naar 5th Addition with Gabbert Development Company was submitted for approval. Egan moved, Murphy seconded a motion, all members voted yes, to approve the Devel- opment Agreement subject to submission of a satisfactory letter of credit. ANTI-RECESSION FISCAL ASSISTANCE REPORT. Mr. Hedges submitted a report covering anti-recession fiscal assistance funding for the City and noted that because of the 3.37. unemployment rate for Dakota County, there will be no Federal anti-recession funds for the first quarter 1978. Smith moved and Egan seconded a motion to approve the report. All members voted yes. PROJECT #234 - CLIFF ROAD. A preliminary report covering Project #234 regarding trunk water and trunk sewer improvements was submitted by the City Engineer. Wachter moved, Egan seconded a motion to accept the report and to schedule a public hearing for June 6, 1978, at 7 p.m. at the City Hall. All members voted yes. PROJECT #214 - SIBLEY TERMINAL STORM SEWER PROJECT. Mr. Rosen stated that MN/DOT has not approved the joint project for Project #214 with the City and recommended a decision on the award of the bid be delayed until the next meeting. RUSTIC HILLS UTILITY PETITION. A request from the developer of Rustic Hills Addition on Highway #13 for feasibility report for utility and street improvements was submitted. Parranto moved to deny acceptance of the petition for request for feasibility report. The motion died for lack of a second. Egan then moved and -11- 5-2-78 Smith o3"ond9d a motion to order the City Engineer to prepare a feasibility re- port as requested. All menbero voted yes, except :'arranto who voted no. CETA - PERA FUNDING. ZMrs. Bolke and Mr. Hedges explained to the Council a proposed resolution regarding PERA funding for CETA employees to be submitted to the State of Minnesota pursuant to the resolution attached to these minutes. Smith moved and Parranto seconded a motion, with all members voting in favor, to approve the resolution as prepared and authorize its execution. LLOYD CURTIS WAIVER. A request from Lloyd Curtis, the owner of the property at 4875 Pilot Knob Road, for a building permit for a 30' x 48' utility building on the one acre parcel at the above address zoned Agricultural was next reviewed. Wachter moved and Parrantn seconded a motion to deny the request for building permit on the basis that the proposed building would not comply with the provi- sion that one single principal building per lot under Ordinance #52 is permitted. All members voted yes. OAK POND HILLS 2ND ADDITION FEASIBILITY REPORT. A petition from the developer of Oak Pond Hills 2nd Addition for feasibility report for City installed imorove- ments was next discussed. No action was taken pending further information to the Council. In addition, the developer requested that the Council waive the require- rent for payment of storm sewer assessments for the 2nd Addition. Parranto moved and Smith seconded a motion to deny the request for waiver of storm sewer assess- ments because of the need to be consistent in all development within the City. All members voted yes. DODD ROAD STREET IMPROVEMENT PETITION. A petition from owners on Dodd Road from County Road #32 to #32 Atlantic Hills Drive and Iackmore Drive for installa- tion of asphalt street improvements was submitted to the Council. Wachter moved and Parranto seconded a motion, with all members voting in favor, to refer the petition to the City Engineer for preparation of a preliminary feasibility study. COUNCIL CHAMBERS MICROPHONE SYSTEM. Bob Childers has offered to install five microphones in the Council chambers at a cost of approximately $200 to the City. -12- 5--2--7 Smith moved and Egan seconded a motion to authorize Mr. Childers to install the microphones in the City Hall Council chamber area. Yes: all members. No: none. CYRIL BARRY, BLACKIAWK ROAD. A letter from Mr. Cyril Barry, 3760 Blackhawk Road, requesting the City dredge the shore of Blackhawk Lake adjacent to his property along Blackhawk Road to prevent lake pollution was discussed by the Council. The Engineer was requested to review the matter and report to the Council. ORDINANCE #52 REVISIONS. Parranto moved and Egan seconded a motion to in- struct the City Attorney and Planner to prepare a draft revision to Ordinance #52 to provide that residential development for only the specific category of zoning be permitted within each residentially zoned area. CITY CLERK'S F.ROCLArATION. The Mayor issued a proclamation declaring the week of May 14th to May 20th as City Clerk recognition week in the City of Eagan. VOUCHERS. Egan moved and Wachter seconded a motion to approve the vouchers submitted according to the following schedule: 424 427; 6147 - 6217; 9258 9322 ADJOUPNMENT. Upon motion, the meeting adjourned at annroximately 12:30 p.m. PHH DATED: May 2, 1978 City Clerk -13-