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12/05/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 5, 1978 A regular meeting of the Eagan City Council was held on Tuesday, December 5, _1978, at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Council- mes Wachter, Smith, Egan and Parranto. Also present were: Public Works Direc- .tor Colbert, City Administrator Hedges, City Engineer Rosene and City Attorney ff ger. AGENDA. After the Pledge of Allegiance, Wachter moved and Egan seconded th.e motion, all members voted yea, to approve the agenda with the exception that Ches Mar East final plat application was stricken. MINUTES. Upon motion by Parranto and seconded by Wachter, all members voted y4011,00he minutes of the November 21, 1978, meeting were approved with the excep- tion on page 6 that plantings along Cliff Road in the Beacon Hills Addition was required. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the minutes of the meeting of November 14, 1978. POLICE DEPARTMENT. Chief DesLauriers was present. 1. Jade Lane No-Parking Signs. Mr. DesLauriers reviewed a request for no- parking signs from residents on Jade Lane. Mr. Richard Radl appeared and request ed that no-parking signs be installed on a temporary basis near the Chateau Riviera Apartments. There were no recommendations from the Police Chief and upon motion by Wachter and seconded by Smith, all members voting in favor, additional. information was requested and that the matter be brought back to the Coundi1 at the next meeting. 2. Snowbird Notification. There was discussion concerning notificrtioi of snowbird auto owners by the City in case of snow-emergencies. 3. Emergency Telephone System 911. There was discussion concerning the proposed emergency telephone system under 911 and City Administrator Hedges re-- viewed a meeting held on November 16th at Dakota County aiwor meat Center* Page 2. December 5, 1978 There was also discussion concerning maintaining Eagan's dispatching system at the Police Department and the report from the Police Chief addressing the dis- patch question was reviewed. The City Council had earlier adopted a resolution in favor of the decentralized program and no action was taken. PARK COMMITTEE. City Public Works Director Colbert reported concerning the Capital Improvements Budget for large equipment for the Park Department. After discussion, Wachter moved and Egan seconded the motion to authorize preparation of specifications for four items of large equipment, including front mounted mower with snowblower, grass sweeper, 1600 Cub tractor and 3/4 ton pickup. All members voted in favor. TACONITE TRAIL - PROJECT #258. The Mayor then reconvened the public hearing concerning Project #258 consisting of utility improvements along Taconite Trail extended. Mr. Greg Ray appeared as the requesting party and showed a proposed preliminary plan for the balance of the 4.9 acres property adjacent to Taconite Trail. Ten additional lots were proposed and it was noted that the building per- mit given to Mr. Ray was based on 4.9 acres owned by Harry Ray. The 4.9 acres has not been divided at the present time. Mr. Ray requested that the 60 foot public right-of-way be reconveyed to the adjacent owners, but it was noted that building permits would not be permissible without access to a public street. Certain neighboring residents appeared and objected to the installation of utilities. After considerable discussion, Parranto moved and Egan seconded the motion to deny the ordering of the project, it being understood that Mr. Ray could install a septic tank and well and further, because of the objections of certain affected property owners.. All members voted in favor except Wachter who abstained. LOST .SPUR"CLUB LICENSE. At the request of the Council, Al Olsen appeared on behalf of the Lost Spur Country Club regarding its application for club liquor license. There were concerns by Councilmembers whether non-members are being served liquor at the Lost Spur. Mr. Olsen explained the policy requiring member- Page 3. December 5, 1978 ship cards for all persons being served. Although there were apprehensions by certain Counci3.members regarding compliance with the club liquor requirements, Egan moved and Wachter seconded the motion, all members voted in favor, to issue the club liquor license for 1979. HARDEE'S RESTAURANT PYLON SIGNS. Mr. Dan Dolan appeared on behalf of Hardee's Restaurant application to allow two pylon signs at the Hardee's location on Cedar Avenue and Cliff Road. Mr. Dolan amended his application to eliminate the request for the 27 foot pylon sign near the exit ramp from new Cedar Avenue and requested only a 10 foot pylon sign at Cliff on old Cedar Avenue at the entry to the restaurant. The sign would be 57.6 square feet. The APC recommendations were reviewed. Wachter moved to approve the 10 foot pylon sign only at the old Cedar entrance, Smith seconded the motion, all members voted in favor. ROSEWOOD CORPORATION PARK DEDICATION. The City Attorney presented a pro- posed Letter of Intent to be entered into between the City, Rosewood Corporation and DGM Associates, the fee owner of a 1.4 acre parcel on East Coachman Road. It would fulfill the park dedication requirements for the Rosewood Corporation, Coachman Oaks apartment project and future park dedication. Mr. Ted Yoch was present and indicated that Rosewood agreed with the revised draft. Wachter moved and Smith seconded the motion, all members voted in favor, to approve the agree- ment with necessary revisions, subject to the execution by all necessary parties. ROSEWOOD CORPORATION IDR BONDING. The request of Rosewood Corporation for industrial revenue development bonds for the Coachman Oaks apartment complex on Coachman Road was next discussed. Chairman Parranto of the Finance Committee in- dicated that the committee made no recommendation regarding the request. Mr. Ted Yoch appeared and reviewed the application for $6.5 million in IDR bonds and stated that Rosewood Corporation has two options of financing, Jenny-Mae-Govern- ment National Mortgage Association or IDR bonding. Under Jenny-Mae, at least 20% of the units are required to be subsidized Section 8 units and under IDR, only Page 4. December 5, 1978 8-10% would be subsidized units. He stated that the project would have a maximum of 10% in event of IDR approval. Council members discussed the criteria set up by the Council and the question of benefit to the City as a whole was discussed. A number of area residents appeared with some in opposition and some in favor of the proposal. Mr. Yoch discussed the proposed reduction of density below the maximum permitted and there was also review of the need for parks and the beginn- ing of a City park in the area. Mr. Yoch stated that the intention was to convert the building into condominiums in five to seven years. There was also concern from neighboring residents regarding development of the balance of the acreage, including the 13 acres adjacent to Timberline Addition. Murphy moved and Wachter seconded the motion to approve the request for industrial development revenue bonds in the sum of $6.5 million for reasons including the fact that the number of subsidized units would be reduced to no more than 10%, that there would be a reduced impact on schools and reduced impact on roads; subject, however, to limi- tation on the approval of the issuance of the bonds to 15 months from the approval date of the resolution by the City to the date of closing of the bond issue. Wachter seconded the motion. Those in favor were: Wachter, Murphy, Smith and Parranto. Against: Egan. UNION CHEMICAL COMPANY CONDITIONAL USE PERMIT. The area manager, together with real estate agent for Union Chemical Company appeared on behalf of its app?;- cation for conditional use permit for storage of petroleum products on Lot 16, Block 5, Eagandale Center Industrial Park. The Planning Commission heard the matter on October 24th and November 28th and recommended against approval of the application. A number of area residents were also present most of whom objected to the proposal. There was discussion concerning location in a proposed I-2 area, possible leakage problems, fire concerns, etc. The manager indicated that the storage would consist of petroleum derivatives together with synthetic resins, and had given the list of specific products to the City Planner. He indicated Page 5. December 5, 1978 that about 25% of the chemicals are hazardous, but that no anhydrous ammonia would be stored on the location. There were concerns about the fairly close neighboring residential areas. Smith moved and Wachter seconded the motion to deny the application for reasons including those given by the Advisory Planning Commission, that the use appears to be too heavy for an I-1 zoned area, and that there were both actual and potential hazards that outweigh any possible tax ad- vantages from the installation in that location. All members voted in favor. HUGH STEWART - REZONING. Mr. and Mrs. Hugh Stewart appeared on behalf of their application to rezone from Agricultural to G-B, General Business, approxi- mately 5 acres on Blackhawk Road in the Southeast Quarter of Section 20. The APC recommended denial. After discussion, Smith moved and Parranto seconded the motion to deny the application for the reasons given by the APC with the excepion of No. 5 regarding the recommendation that there be no change of zoning in the general area until the exact location of I-35E is determined. All members voted in favor except Murphy who voted no. RAUENHORST CORPORATION PYLON SIGN PERMIT. Michelle Foster appeared on be- half of the application of Rauenhorst Corporation for conditional use permit app- lication for pylon signs in three locations in the Eagandale Center Industrial Park. She indicated that there were no current identification signs for Eaga.l.i,?E: Industrial Park and all three will be new locations. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the application that has been recommended for approval by the APC. JAMES DIFFLEY SUBDIVISION WAIVER. Mr. James Diffley appeared regarding his application for waiver of subdivision regulations for a two acre parcel to be split into two single family lots on Highway #55 near Highway #49. The APC recom- mended approval with certain conditions. After discussion, Wachter moved and Smith seconded the motion, all members voted in favor, to approve the applica- tion subject to the conditions of the APC. Page 6. III December 5, 1978 RALPH WOHLERS' STREET VARIANCE REQUEST - ZEHNDER ACRES. Mr. Ralph Wohlers appeared in addition to Mr. Tim Kuntz, attorney, for a number of property owners on Lone Oak Road regarding the application for variance from 60 foot street front- age for building permit for single family residence on land owned by Mr. Taylor. Also present were Mr. Huntley, Mr. Marich, Mr. Olsen, Mr. Brower and Mr. Taylor, all of whom favored the application. There were questions concerning the 60 foot frontage on the public street and..the history of the Eagan ordinances was reviewed. The history of the Eagan ordinances going back to 1960 was discussed. It was noted that there were two private drives leading Northerly from Lone Oak Road which would be separated by a hedge. City Engineer Rosene explained the fact that utili- ty stubs are installed in the general area from Rustic Hills and it was noted that the City ordinance requirements from 1960 required that residential parcels be IIIcontiguous to public streets. In addition, the Council has been consistent in denying requests for lot splits in the general area in attempting to promote planned development of the area. Smith moved and Egan seconded the motion to deny the application for the reasons given by the APC, that the parcel is not contig- uous to a public street nor does it have 60 foot public street frontage. All members voted in favor except Mayor Murphy who voted no. WINE AND BEER LICENSE RENEWALS FOR 1979. The applications for wine and beer licenses in the City of Eagan for 1979 was reviewed by the Council, a copy of which is attached to these minutes. Smith moved and Wachter seconded the motion, all members voted yes, to approve the applications as submitted. DAYTON-HUDSON PROPERTIES RESOLUTION. The Council members reviewed a resolu- tion of the Advisory Planning Commission regarding retaining the Dayton-Hudson IIIproperty at the Northeast quadrant at Highways #49 and #55 for commercial shopping center purposes. After review, Wachter moved and Egan seconded the motion, all members voted in favor, except Parranto who voted no, to approve the recommenda- tion of the Advisory Planning Commission with the change of the slight modification Page 7. IIIDecember 5, 1978 as noted on the resolution. SIGN ORDINANCE NO. 16. The proposed amendments to Ordinance No. 16 recommended for approval by the Planning Commission through the Council were reviewed by the Council. Mr. Ken Liedtke, a member of the APC, was present and discussed in detail the recommended changes. After considerable discussion, Wachter moved to continue the review of the ordinance until the next regular meeting. There was no second motion and the motion died. There was concern by Councilmembers that the change basically had to do with advertising signs and Councilmembers expressed their view that changes had been made after committee study fairly recently. No action was taken by the Council. FIVE YEAR STREET CONSTRUCTION PROGRAM. City Administrator Hedges and Consultit Engineer Rosene reviewed a report regarding proposed 5 year capital improvement IIIprograms for Minnesota State Aid street construction. The proposal covered the five years through 1983 and indicated that amendments could be made. It was noted that deficit funding appeared under the proposal which could be funded from State Aid Bonds or other sources. Parranto moved and Wachter seconded the motion to approve the five year plan with the understanding that it may be modified to the future. All members voted yes. PROJECT #193 - WATER RESERVOIR. A request for final payment for the two million gallon reservoir from Brown Minneapolis Tank Company was submitted for approval. The recommendation of the City Engineer was to continue to the next regular meeting. TWIN VIEW MANOR UTILITY REQUEST. A petition from five property owners in Twin View Manor Addition or installation of utilities was submitted to the Council. III Smith moved and Wachter seconded the motion to accept the petition and to request the Engineer to prepare a feasibility report. All members voted yes. Page S. IIIDecember 5, 1978 PROJECT #236A - EAGAN HILLS WEST CONTRACT. The contract for utilities in Eagan Hills West First Addition with Frederickson Excavating Company consisting of Project #236A was submitted and recommended for signature. Egan moved and Wachter seconded the motion, all members voted yes, to approve the execution of the contract. BUFFER HILLS DEVELOPMENT CONTRACT. City Attorney Hauge submitted a contract the developer of Buffer Hills Addition for approval. Smith moved and Parranto seconded the motion, it was Resolved to approve the execution of the development agreement upon submission of an appropriate escrow bond form. All members voted yes except Wachter who abstained. LEAGUE OF MINNESOTA CITIES. A request has been made by the League for $100 contribution from Eagan toward a study for self-insurance for cities in the tend, Smith moved and Wachter seconded the motion, all members voted yes, to appro've 'the III expenditure. MED-EVACJIELICOPTER REQUEST. A letter from Mr. Stenberg, Seattle, Washington, requesting whether the City Council was interested in a cost benefit study for medical evacuation helicopter services in the City was reviewed. No action was taken. CLEARVIEW CHANGE ORDER #1 - PROJECT #235. Smith moved and Wachter seconded the motion, all members voted yes, to approve the change order #1 to the Clearview Addition, Project #235 in the sum of $61,934. FAYE COOPER - PARK COMMITTEE. A letter of resignation from Faye Cooper of the Park Committee was submitted to the Council. She indicated that because of her job conflict, it was necessary for her to resign from the Advisory Park Committee. Smith moved and Egan seconded the motion, all members voted yes, to direct the City Administrator to write Mrs. Cooper thanking her for her services to the City. ACCRUAL ACCOUNTING. City Administrator Hedges reviewed briefly the thrust of the two day seminar sponsored by the League of Cities concerning accrual accounting Page 9 III December 5, 1978 that will be effective for all cities effective January 1, 1979. SPECIAL COUNCIL MEETING. The mayor set a Community Relations Subcommittee meeting of the City Council on December 12, 1978, at 6:30 p.m. before the special council meeting. ABSTENTIONS IN COUNCIL AND COMMITTEE MINUTES. Councilmembers expressed their concern regarding reasons given by Committee members regarding abstention votes on both the Planning Commission and the Advisory Park Board. Egan moved and Parranto seconded the motion, all members voted in favor, to request that the party abstainir from a vote state his reasons for such abstentions. CHRIST EVANGELICAL LUTHERAN CHURCH UTILITIES AND SANITARY SEWER. A request from Christ Evangelical Lutheran Church on County Road #30 for sanitary sewer service was discussed. Smith moved and Parranto seconded the motion to accept the IIIrequest of the church so that a change order can be processed for the sanitary sewer service subject, however, to submission of a written petition. All members voted in favor except Wachter who abstained because of membership in the congregation. PRELIMINARY REPORTS. The following preliminary reports were received by the City Council and upon motion by Parranto, seconded by Smith, all members voting yes, it was Resolved that the reports be accepted and that public hearings be scheduled for January 16, 1979, at 7 p.m. at City Hall: 1.. Project #252 - Wilderness Run Road to Lexington Avenue. 2. Project #262 - Beacon Hills Addition utilities and streets. VOUCHERS. Smith moved and Wachter seconded the motion, all members voted in favor to approve the following vouchers: 571; 7334 - 7402. 11035 - 11110. ADJOURNMENT. Upon motion duly made and seconded the meeting adjourned at 12:30 p.m. DATED: December 5, 1978. PHg; rte ., _i / '7- 7'1` iJ (T-2.,- CITY CLERK