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02/18/1975 - City Council Regular MINUTES OF THE REGULAR MEETING OP THE EAGAN CITY COUNCIL EAGAN, MINNESOTA February IS, 1975 A regular meeting of the Eagan City Council eras held on February 18, 1975 at the Eagan City Hall. All members were present except Wachter. Also present were Rosene, Bolke and Hauge. JOINT APC - COUNCIL MEETING. At 6130 p.m. the Mayor announced a joint meeting with the Council together with members of the APC to review a proposed resolution prepared by the City Attorney regarding the legislative bill intended to implement the Metro Council Development Framework Guide. After discussion, upon motion by Rydrych, seconded Rahn, all members voting in favor, it was RESOLVED to approve the resolution as prepared and to attach a copy to these minutes and to forward copies to all Dakota County Legislators, the League of Municipalities and neigh- "' municipalities. MINUTES. After the Pledge of Allegiance, upon motion by Rahn, seconded Rydrych, all members voting yea, it was RESOLVED that the minutes of the previous meeting be approved. ORDINANCE NO. 52 - ZONING ORDINANCE. Mr. John Voss, Planner, appeared and reviewed changes recommended by the APC since the public hearing regarding the adoption of Ordinance No. 52 consisting of the Zoning Ordinance. There was dis- cussion whether to allow commercial in industrially zoned areas and an objection was voiced from the audience prohibiting this procedure in the new ordinance. LAND USE GUIDE, Mr. Voss then reviewed the APC recommendations for revision to the proposed Land Use Guide. Council members discussed the zoning at the South- east corner of Yankee Doodle Road and #31 as to whether it is presently zoned IIA-Agricultural or C-1, Commercial. Upon motion by Rydrych, seconded Smith, all members voting in favor, it was RESOLVED that the Land Use Guide as proposed and revised be approved. Smith moved to include the 4,000 sq. foot provision in the 4' zoning ordinance under Subd. 9, Neighborhood Brusiaess District zequiring initial construction of a minimum 4,000 sq. feet. The motion died ,for lack of a second and the APC had recommended that it be deleted. Upon motion by Rydrych, seconded Rahn, all members voting yea, ft was RESOLVED that Ordinance #52 with the revisions proposed by the APC be approved and ordered published. EAGAN ZONING MAP. John Voss then reviewed. with the Council the proposed Zoning Map and the recommendations of the APC for study in the area of 35E in Section 21 ~ 22 in the vicinity of the Eagan Civic Center. Upon motion by Smith, seconded Rahn,-all members voting yea, it was RESOLVED that Sohn Voss be authorized to prepare a proposed analysis including cost estimates for a study of the zoning in the area of 35E and the Civic Center in Sections 21 and 22 South of Blackhawk Lake to approximately County Road ~~30 to be submitted at a subsequent meeting. The Council also discussed the proposal to rezone the Cedarvaie Shopping Center area and the Barton-McGray property at the Northeast, corner of Highway #13 and Cedar Avenue. Upon uaotion by Rydrych, seconded Smith, it was RESOLVED that a public hearing be scheduled by the APC concerning the Cedarvale Shopping Center and. Barton-McGray property on Tuesday, March 25, 1975 at 7.:30 p.m. Upon motiof.~ by Rydrych, aecoffied Rahn, it was RESOLVED that the revised Eagan Zoning Map as-.submitted be approved. All mexubers voted yes. PUBLIC FiEART_NG -REZONING OF MARTIN SHIELDS PROPERTY. The Mayor then comrened the .public hearing for the rezoning of f:he Martin Shields property ,consisting of 17'acres in the NEB of Section 9 at the Southwest corner of Lone Oak Road and Pilot Knob Road from A-Agricultural to R-4, Townhouse and R-6, Multiple Residential underlying PUD. The APC recommended approval. John Voss reviewed the recommen- dations of the APC with the Council, Mr. Larry Kennedy appeared on behalf of the Timberline Association and indicated a consensus by the association members in favor of the proposed rezoning. He indicated a coc~cern of the residents in tt~e -2- area as to the density of the proposed development and requested that a maximum of 7 unite in the South 10 acre area proposed for R-4 zoning axed a ~:imuzn of 14 units per acre i.n the Northerly 7 acres proposed for R-6 zoning. Mr. Harold LeVander, Jr. appeared for Martin Shields and i^~ icated that Mr. Shields objected to the recormaendation that a trail essemen*_ of 20 feet be granted across the 17 acre parcel atxi Easterly to LeNiay Lake stating that the type of development was uncertain at the present time. The Council indicated its intent to request dedication of land for a trail at some time in the future and indicated that this could be done at the time of a proposed dr~velop,~nt. Rydrych moved and Smith, seconded the motion to approve the rezoning as recommended by the APC with the exception that there would be no requirement far a i:s~ail easement at the present time and further conditioned upon the submission by tine oP,arer of an exe- cuted purchase agreemment for the sale of the property with the ZO acres to the City of Eagan according to the terms of the purchase agreement. All mex~bers voted in favor. FIRE DEPARTMENT. John Flood and Al Horrocks of the Eagan 4'olun*_eer Fire Relief Assoc. appeared and discussed with the Council investment of Fire Relief Association funds. No formal action was taken. POLICE DEPARTMENT. Martin DesLauriers appeared and the Council discussed a new appointment ro the Dakota Coux±ty .Taw Lnforcexeent Association to represent the City for 1975. Mayor Polzin was appointed. Council uyembers and others discussed complaints coacernirg snowmobiles in City Parks and also complaints regarding parking in illegal locations in Cit-Y Parka and public property. No formal action was taken. UTILITY DEPARTMENT. Bill Branch asked that the Citq Councfb establish a policy for plowing sidewalks. The Council asked the City Attorney to prepare a draft of an ordinance regarding sidewalks in the City for submissiom,,to the ~ity Council. -3- Mr. Branch was asked to plow the Rahn Road sidewalk during the Gunter of 1975 and a a~ policy will be formultaed foY the Winter of 1975-76. FEDERAL ATD TO URBAN FUNDS, '"he City Eugiaeer revies~ed a s~sggested rood building program for a 5 year period within the City and recommended that tl~e City make application for Federal Aid to Urban Funds for street const~.sctiun to ba prepared ar~d submitted by March 1st. It wan noted thy^t only State and County highways are eligible under the prcgrsm and it was recommended that the Northerly 2 miles of Pilot Knob Road be scheduled for construction in 1975 and that Cedar Avenue from Highway ~~30 to Highway #13 be proposed for construction in 1975. It was noted that the requirements provide for 70% federal fuacling and 30% local participation and negotiations will continue with Dakota County `egsrding the municipal share. It was recommended that the County pick up 30% of the local participation. Upon motion by Polzin, seconded Rahn, all members voting yea, it was RESOLVED that the recommendation of the City Engineer be approved and that an application be submitted for F~aderal Aid to Urban Funds prior to March 1st and according to the foregoing schedule, HL~D BLOCK GRANT FUNDS, Barbara Schmidt appeared and reported regarding the recorntiendation of the Park Committee that a preapplicatiosa be sub•.nitted to HUD for flock Grant Funds to include a walkway oa Rahn Road from Highway ~~30 to Rahn Park and a community building in Ra:~n Park. It was also understood that a side- walk to Metcalf Sch4o1 on County Road X30 was proposed in the application. Smith moved and Rydrych seconded a motion that the City Council Proceed with the HW Block Grant Pre-application for the sidewalk on Rahn Road and the coma-uaity building in Rahn Park and further the proposed sidewalk on County Road #30 to Metcalf School; further to authorize John Voss and Robert Rosene to prepara hhe necessary information for the pre application. PARR COMl+~IITTEE. Barbara gcha~idt indicated that the Cedar Athletic Assoc. and MEND-Eagan Athletic Assoc. has requested space for storage of athletic equipment. -4- The Council suggested that the loft in the new utility garage be offered as storage space for off-season equipment with the understanding that the cost of any insurance coverage would be paid by CAA and MEIN-Eagan and further that the Utility Supervisor review the feasibility of the location. /~~ `~^~ IMP. PROJECT ~~ - WOODGATE 3RD ADDITION, The Mayor then conve~d the public hearing regarding Imp. Project ~~126 consisting of sewer, water, storm sewer and street improvements for Woodgate 3rd Addition. Ti:e Engineer presented the feasibility report and upon motion by Rahn, seconded Polzin, it was RESOLVED that the project be approved and ordered in and that the Engineer be authorized to prepare plans and specifications. All members voting yes, There was no oppo- sition to the project. BUIId)ING PERMITS. An application for sign permit for Sperry-Univac as a replacement double-faced sign on the Univac property on County Road X31 ~*as upon motion by Smith, seconded Rahn, all members voting yes, approved. Easter Lutheran Church requested a review of the fee schedule for its sign an County Road X30 and #31. There was no recommendation for change in payrient of fees for such signs. IMP. PROJECT.#113 - DONIVYWOOD ADDITION. Upon motion by Rahn, seconnded Rydrych all members voting yea, it was RESOLVED tv give final approval for sewer and water utilities to Donnywood Addition consisting of Project 1113 and payment of the final estimate. IMP. PROJECT ~~136 - WILDERNESS PARK & WILDERNESS RUN 5TH ADDITION. The City Engineer presented the plans and specifications for Project ~k136 regarding sewer anti water for Wilderness Park and Wilderness Run 5th Addition. Upon motion by Rahn, seconded Rydrych, all members voting in favor, it was PESOLVED that the plans and specifications be approved with the understanding that the developer will install the improvements subject, however, to tike submi,s~~n abd' ctc~dpl~ttbf~. Qf f5-~ ordinance requirements in particular the requirement regarding the posting of a development bond. C Ilk= PRO.IECT ~k154 - PILOT IUVC?B HEIGHTS 4TH ADDITION.) Upon motion by Polzin, seconded Smith. all members voting yea, it was RESOLVED t/hat the plans and speci- fications for Imp. Project #154 consisting of sewer and water to Pilot P.nob Iisights 4th Addition and adjacent residences on Pilot Knob Road be approved and the Clerk be authorized to advertise for bids to be opened on March 24, 1975 at 3;00 p.m. IMP. PROJECT #'157 - U.S. POSTAL SERVICE BUILDING. The City Engineer submitted a feasibility report for sewer, water and storm sewer services for the U.S. Postal Service Building on Lexington Avenue and upon motion by Polzin, seconded Rahn, it was RESOLVED that the report be accepted and that the City Coaacil schedule a public hearing concerning the feasibility report for March 18, 1975 at 7:00 p,m. All members voted yes. IMP. PROJECT x`158 - BLUE CROSS EXPANSION WA~ID1. The City Engineer then submitted a feasibility report regarding the Blue Cross expansion watermain con- sisting of Project X158 and upon motion by Rahn, seconded Smith, all member3 voting yea, it was RESOLVED that the feasibility report be accepted .and that a public hearing be scheduled for March 18, 1975 at 7:00 p.m. at t:ze City Hall. SANITARY SEWER INTRRCEPTOR ASSESSMENT. The City Engineer discussed with the Council recent conversations with Charles Lowery, the Dakota County Park Director, regarding the proposed assessments for the Zoo sanitary sewer interceptor. It was noted that Dakota County was interested in acquiring the lead North of the 200. Mr. Byron Watschke, the owner, was present at the meeting and the question about the assessments of the parcel was discussed. After considerable discussion, upon motion by Rahn, seconded Polzin, all members voting in favor, it was RESOLD that an assessment hearing be scheduled for April L5, 1975 at T/:b0 p.n~. at the City Ha11 regarding assessments fox Project ;137 regarding the sanitary sewer inttercep- for to serve the Zoo. -6- ASSESSED VALU,~„_ ATION. A notice from the Departaeent of Revenue was read by the City Clerk recommending an increase in .assessed valuations in the City of Eagan. No formal action was taken. IMP, PR~ ~~155 - MISSION HI~L1-S. The City L~ngiaeer su~itted a report regarding sewer, water and storm sewer improvements to the Unni.BOUrce Development concerning Phases I and II of Mission Hills. Upon motion by Rahn, seconded Rydrych it was RESOLVED that the report prepared by the City Engineer be approved and that a hearing concerning the report be scheduled for March 18, 1975 at 7:00 p.m. at the City Hall. All. members voted yes. B$AU D'RUE & CEDAR STREET LIGHT. .~ request for the installation of a street light at Beau d'Rue and Cedar Avenue was referred to the Police Chief for recommen- dction. PROPOSED EAGAN ATHLETIC ST~YUM. The Council expressed its. concern regarding news articles relating to the suggested domed athletic stadium in Eagan and strongly indicated that it had not been contacted concerning the proposed plan for the stadium and shopping center and has taken no position concerning the reports in the news articles. CITY OF EAGAN - DEFERRI~D COMPENSATION pL~AN. The City Attorney submitted a draft of a 1st Amendment to the City of Eagan Deferred Compensation Plan amending the plan dated April 2, 1974. It was nested that the Internal Revenue Service had recommended amendments to the plan and upon motion bq Smith, secthx<ed.Rahn, all members voting yea, it was RESOLVED that the 1st Amendment as submit~d'•by the City Attorney be and it hereby is approved and ordered executed. ORDINANCE #56 - APC. The City Attorney next submitted a draft of the APC Ordinance ~Sb establishing the APC and outlining its duties. Upon motion by Polzin, seconded Raba, all members voted in favor, it was RESOLVED that the Ordinance as presented be adopted and ordered published in tbe legal newspaper. ..7w 1975 LEGISLATIVE BILLS. The C~uncii reviewed briefly a proposed bill intended to be submitted by the Minnesota Highway Department for State fe!,~iir..g for impro~~e- meats to Johnny Cake Ridge Road ru~zning two (2) miles Soutn of Cliff Road aaul also briefly discussed the bill aubmi~ted to repeal the fiscal disparities act, Upoa motion 'uy Polzin, seconded Rahn, all members voting in favor, it ~~as RESOLVED that the following bills be ordered paid and the meeting adjourn: X342 through 434$; X1042 through ~`10:~5; #1469 through ~~1552. The me~~cing adjourned at 11:30 p,m, February i8, 1975 ~~ .g.