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03/07/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 7, 1978 A regular meeting of the Eagan City Council was held on March 7, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Egan, Parranto, Smith and Wachter. Also present were: City Clerk Alyce Bolke, City Engineer Robert Rosene, and City Attorney Paul Hauge. AGENDA. After the Pledge of Allegiance and upon motion by Parranto, seconded Egan, all members voting in favor, the Agenda as revised was approved. MINUTES. Councilman Smith moved and Councilman Wachter seconded a motion, with all members voting in favor, to approve the minutes of the regular meeting of February 21, 1978. 1978 REFUNDING ISSUE. Mr. Bill Goblish and Paul Eklhom of Miller & Schroeder fiscal consultants, appeared with additional information concerning the proposed $1,800,000 - 1978 refunding bond issue for the City. They indicated there would be $93,814.37 actual debt service savings estimated at 5.17% during the length of term of the refunding issue with a $52,165.92 present day value. The representa- tives present stated that they expected that the parties involved would sign an Indemnification Agreement with the City indemnifying Eagan from any additional costs or claims regarding procedural defects in the issue. No action was taken by the Council. PROJECT #224 UTILITIES TO CH ES MAR 4TH AND 5TH ADDITIONS. The Mayor con- veneO the }public hearing regarding Improvement Project #224 concerning utilities in the Ches Mar 4th and 5th Additions. Several affected neighboring residents appeared, including Mr. and Mrs. Raymond Rahn, who questioned the potential assess- ments on the South side of Cliff Road on the Park View Golf Course property. Mr. Rahn objected to the assessment for the Golf Course as being premature and Council members questioned whether the Minnesota Statute concerning tax deferment for open space applied to special assessments. It was proposed that a water area charge only be levied against the property on the South side of Cliff Road at $590 per 3-7-78 acre. After discussion, Smith moved and Wachter seconded a motion, with all mem- bers voting in favor, to continue the public hearing until the next regular meeting of the Council on March 21, 1978. INDUSTRIAL REVENUE BONDS - HIGHSITE ADDITION. Councilmen Mark Parranto and James Smith reported on behalf of the Finance Committee regarding the proposed in- dustrial revenue bond issue for the Highsite Apartment project. The committee made no recommendation, but submitted a written report to the Council. It noted that there were utilities available, that the study on Pilot Knob Road is continuing, there did not appear to be an appreciable impact on West St. Paul school system, that there would be additional burden on the road system in the City, and other issues were discussed. Councilman Egan was concerned about the additional burden on the road system and Councilman Smith stated that the benefit to the City at the present time may not be great enough to offset the adverse impact of the additional school children, traffic, etc. Several other residents of Eagan appeared and questioned certain aspects of the proposal. Parranto moved and Wachter seconded a motion to approve the issuance of $5,500,000 of industrial revenue bonds on behalf of Wenzel Plumbing & Heating, Inc. and Highsite, Inc. for the construction of ap- proximately 300 apartment units over several stages adjacent to the existing Hiph- site Apartment complex East of Pilot Knob Road, subject, however, to the following: 1. That a minimakil% of the total units with a minimum of one unit per pro- ject be made available for rental as a subsidized unit under the Dakota County Scattered Site Ilousing Program. 2. That an option from accepted local bond counsel that the issuance of industrial revenue bonds for the project is feasible and legal to be submitted to the City for acceptance and approval by the City. 3. That a certified letter from a financial institution be forwarded to the City indicating that it will acquire the bonds rather than being sold to the general public. Those in favor were: Parranto, Wachter and Murphy. Those against were: Egan and Smith - Thra mntinn nrnvai 1Ari _ 3-7-78 DREXEL HEIGHTS ADDITION PRELIMINARY PLAT. The application of Pilot Knob Properties for preliminary plat approval for Drexel Heights East of Pilot Knob Road South of Fish Lake was next reviewed. Mr. Ralph Wohlers appeared for the appli- cant. The APC recommended approval. There was discussion concerning the land dedicated for park purposes and the request of Henry Braun for a buffer between park land and the Braun property. Smith moved and Wachter seconded a motion to approve the application for preliminary plat subject, however, to the recommenda- tion of the Planning Commission concerning the rezoning of the property. All mem- bers voted in favor. PILOT KNOB HEIGHTS 5TH ADDITION. Mr. Ralph Wohlers appeared on behalf of the application of Pilot Knob Properties for preliminary plat approval of Pilot Knob Heights 5th Addition formerly consisting of an area intended for coimnercial use in the Planned Development of Pilot Knob Heights. The APC recommended approval subject, however, to conditions. Wachter moved and Egan seconded a motion to approve the preliminary plat subject to the down-zoning as recommended by the Advisory Planning Commission, together with the Planner's recommendations outlined in the City Planner's report. All members voted in favor. SURREY HEIGHTS 5TH AND 6TH ADDITIONS PRELIMINARY PLATS. Mr. Larry Frank appeared on behalf of the application of D. H. Gustafson & Associates regarding the application for preliminary plat approval of Surrey Heights 5th and 6th Addi- tions. There was discussion concerning the installation of footings prior to ap- proval of the preliminary plat for the 5th Addition, noting that it was a replat of an existing outlot. Egan moved and Parranto seconded a motion to approve the preliminary plat for Surrey Heights 5th Addition. All members voted yes. Egan then moved and Parranto seconded a motion, with all members voting in favor, to approve the preliminary plat of Surrey Heights 6th Addition as presented. SURREY HEIGHTS 5TH ADDITION FINAL PLAT. Mr. Frank submitted the final plat for Surrey Heights 5th Addition and asked approval of the Council. Wachter moved and Smith seconded a motion, with all members voting yes, to approve the final -3- 3-7-78 plat for Surrey Heights 5th Addition subject to the Engineer's and Planner's appro- val and compliance with all existing regulations and ordinances. BICENTENNIAL 3RD ADDITION PRELIMINARY PLAT. Mr. Martin Colon appeared on behalf of the application of Federal Land Company for approval of the preliminary plat of Bicentennial 3rd Addition at the Southeast corner of Pilot Knob and Yankee Doodle. It was noted there would be three blocks in the proposed subdivision. There was concern about the service station unit possibly becoming a sight nuisance and also there was discussion regarding the separation of the gas pumps from the service bay area. It was also noted that a conditional use permit will be required at the time of building permit application, which could be renewed on an annual basis. Wachter moved and Egan seconded a motion to approve the preliminary plat for Bicentennial 3rd Addition, subject to the recommendation of the Advisory Plann- ing Commission. All members voted in favor. BICENTENNIAL 3RD ADDITION CONDITIONAL USE PERMIT. Mr. Colon then reviewed an application of Federal Land Company for conditional use permit for on-sale liquor and food establishment in the 3rd Addition. The APC recommended approval. The restaurant would be from 4,000 to 5,000 square feet with 150 seats, estimated cost $200,000 to $250,000. Certain Council members suggested that the restaurant be attached to the proposed motel for sight continuity purposes. There were no objections to the restaurant location. Smith moved and Wachter seconded a motion to approve the conditional use permit, subject, however, to submission of detailed plans as recommended by the APC. All members voted aye. WILLIAM RYDRYCH - ST. JOHN NEUMANN WAIVER OF PLAT. The application of William Rydrych and St. John Neumann Catholic Church for waiver of platting for .76 acre parcel zoned Public Facilities on the William Rydrych property at the Southeast corner of Deerwood and Pilot Knob Road was next considered. Mr. Rydrych was present. After review and upon motion by Smith, seconded Parranto, all members voting aye, it was RESOLVED that the application be approved. The APC recommended approval. -4- 3-7-78 WILLIAM RYDRYCH VARIANCE. The next application concerned the request of William Rydrych for a .4 acre variance under Ordinance 452 covering the property owned by Mr. Rydrych on which he has his residence. After reviewing the APC recom- mendation, upon motion by Wachter, seconded Egan, it was RESOLVED that the variance be granted. All members voted yes. OAK CHASE 4TH ADDITION. A petition from Timberland Development Corporation for a feasibility study for utilities in Oak Chase 4th Addition was read by the Clerk. Upon motion by Smith, seconded Egan, all members voting yes, it was RESOLVED that the petition be referred to the City Engineer for preparation of a feasibility study. CEDAR AVENUE FREEWAY STORM SEWER AGREEMENT. The Council briefly discussed the Storm Sewer Agreement between M/DOT and the City of Eagan regarding the Cedar Avenue freeway. After discussion, upon motion by Egan, seconded Wachter, all mem- bers voting yes, it was RESOLVED that the Agreement be referred to the City Attor- ney and City Engineer for review and recommendation along with the City Adminis- trator at the next meeting. MAJOR STREET CONSTRUCTION CHARGE RESOLUTION. The Council members discussed with the City Attorney the proposed Resolution regarding the major street connec-- tion charge financing proposal. A final Resolution will be prepared and submitted at the next regular meeting. DEEP 14ELL NO. 5 . The Clerk submitted the final payment request for Deep Well No. 5 in the sum of $16,886.80. Upon motion by Parranto, seconded Egan, all members voting aye, it was RESOLVED that the Council make final approval of the project and authorize final payment. NATIONAL HEALTH PLANNING LEGISLATIVE RESOLUTION. A proposed Resolution sub- mitted by Mayor Murphy concerning the National Health Planning and Resources De- velopment Act, including a recommendation that the Minnesota Legislature enact Senate File No. 1932 and a companion bill, HF1526, regarding study and investiga- tion into federal bureaus and in addition, the Metropolitan Council. After review -5- 3-7-78 of the Resolution, including certain changes, upon motion by Murphy, seconded Wachter, all members voting yes, it was RESOLVED that the Resolution as revised be approved according to the copy of the Resolution attached to these minutes. LANDFILL REAL ESTATE TAX RESOLUTION. The Council reviewed copies of a Reso- lution adopted by the Lakeville and Inver Grove Heights City Councils recommending that landfills be subjected to real estate taxation or the right to levy charges for control of solid waste landfills by municipalities. Wachter moved and Egan seconded a motion, with all members voting yes, to recommend to the Legislature that landfill sites be taxed for real estate purposes or that cities be allowed to levy charges in lieu of taxes, all according to the copy of the Resolution attached to these minutes. LETENDRE ADDITIO14 NO. 2. The City Clerk submitted a land surveyor's Certi- ficate of Correction for Letendre Addition No. 2 indicating a correction of the township number. Parranto moved and Egan seconded a motion to authorize the appro- val and execution of the land surveyor's Certificate of Correction. All members voted yes. BOARD OF REVIEW. County Assessor Seymour Olson recommended that the City Council consider the Board of Review meeting on May 18th at 7 p.m. at the City Hall. Parranto moved and Murphy seconded a motion, all members voting yes, to schedule a Board of Review meeting at that time. PROJECT 46215 AND CHANGE ORDER NO.1. The City Clerk submitted the contract with Richard Knutson, Inc. covering park improvements for Project 46215, including change order No. 1. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the contract be approved and ordered executed. PROJECT 46221B. The next contract submitted for City Council approval covered Project 46'2218 with McNamara Vivant covering street construction. Smith moved and Parranto seconded a motion, with all members voting yes, to aprrove the contract and to authorize its execution by the appropriate City officials. -6- 3-7-78 VOUCHERS. Wachter moved and Parranto seconded a motion to approve the following vouchers, with all members voting in favor: 5842 - 5923; 8850 - 8920. ADJOUIRNNENT. Parranto moved and Egan seconded a motion, with all members voting yes, to adjourn at approximately 10:50 p.m. PHH DATED: March 7, 1978 -7-