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11/20/1979 - City Council Regular 00 293 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 20, 1979 A regular meeting of the Eagan City Council was held on November 20, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Parranto, Smith, Egan and Wachter. Also present were: City Engineer Rosene, City Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. AGENDA Wachter moved and Egan seconded the motion to approve the agenda as distributed. All members voted yes. MINUTES Egan moved and Wachter seconded the motion to approve the minutes of the regular meeting of November 7, 1979, with the exception on Page 1, the low bidder was Dain, Bosworth, and on Page 14, regarding Le-An Supper Club, the Police Department would be able to answer the calls without any abnormal delay. All members voted yes. POLICE DEPARTMENT Chief Martin Deslauriers appeared with quotations for a 1978 Oldsmobile Diesel squad car. The low quote was from Malker- son Oldsmobile for $7,345.64 and Chief DesLauriers recommended approval. Wachter moved and Egan seconded the motion to accept the low quotation from Malkerson Oldsmobile in the amount mentioned above. All members voted yes. PUBLIC WORKS COMMITTEE Public Works Director Colbert reported and indicated that a petition had been received from certain residents of Highview Avenue requesting street improvements from Pilot Knob Road to 120 feet West of Highridge Terrace. Wachter moved and Parranto seconded the motion to instruct the City Engineer to prepare a feasibility report. All members voted yea. MR. AND MRS. PAUL TESKE - 2292 CLARK STREET Mr. and Mrs. Paul Teske appeared at their request infor- mally to discuss with the Council their request that the Council allow the State Building Inspector to reinspect their home which was built in mid-1976 claiming that there were certain defects in construction by Windsor Development Company. They stated there was no insulation in certain locations and that a lawsuit has been commenced against Windsor Development which will be heard in Court in early December. A letter from Building Inspector Peterson to City Council Minutes November 20, 1979 Page Two the State Building Inspector was reviewed requesting reinspection and no action was taken by the Council. D 79-149 EAGAN HOUSING PLAN The continued public hearing regarding the housing plan for the City of. Eagan which was first heard by the City Council on August 21, 1979, and continued on October 2, 1979, was again convened by Mayor Murphy at 7:15 p.m. Mayor Murphy vacated the chair and turned the meeting over to Acting Mayor Wachter while he presented some of his views regarding the plan. In addition, a memorandum from the City Administrator had been distributed to the Council on the history of the plan over recent months. Mayor Murphy indicated that he was opposed to the government getting into the housing business and was concerned about alleged lowering of values of surrounding homes in the event of the purchase of scattered site housing by the H.R.A. He was concerned about real estate tax loss and he claimed more police calls were made in sub- sudized units than in non-subsidized units. Mayor Murphy then reassumed the chair and Mr. Hedges reviewed the comprehensive land use plan progress as did John Voss of Urban Planning and Design. Mr. Voss explained the role of the housing plan in the entire com- prehensive planning process and stated he expected that public hearing would be held in March and in April on the entire plan but that the tax exempt financing bond issue being proposed for about 350 potential home owners could be issued as early as January or February of 1980. 6300 housing units are proposed with 1540 low and moderate income units were projected by the Metropolitan Council. Nan McKay, the Dakota County H.R.A. Director, was present and explained certain aspects of the scattered site housing plan to the audience. A large number of residents were present, many of whom objected to the scattered site housing proposal of 100 maximum units or 10 units per year and others spoke in favor of the proposal. Ms. McKay stated that there would be up to a 100 unit goal and the Dakota County H.R.A. had not committed itself to a 10 year goal at 10 units per year. She stated that the low and moderate income could be done by City Council option either publicly or privately through scattered site or project housing all of which would be allowed by the Metroplitan Council standards. Mayor Murphy suggested public meetings in various schools for addi- tional public input be scheduled. Councilman Smith explained the need for promulgating a plan including low and moderate income housing in order to qualify for state and federal grants and re- viewed the large number of grants that have been received by the City during the past year and the ranking of the City of Eagan with other metropolitan communities regarding recreation facilities, etc. Smith then moved and Parranto seconded the motion to continue the public hearing until the December 4, 1979, Council meeting at 7 p.m. at the Eagan City Hall. All members voted in favor. The public hearing was completed at 8:30 p.m. 00201 City Council Minutes November 20, 1979 Page Three HERREGAN I.R. BONDS The final resolution for industrial revenue bonds for Herregan Distributors, Inc., was next discussed. There were no objections and staff recommended approval. Smith moved and Wachter seconded the motion to approve the final resolution for the Z.R. Bonds for up to $1,200,000 subject to all applicable statutes, City regulations and ordinances. All members voted in favor except Parranto who abstained. SEE BOND FILE EAGAN METRO CENTER 2ND ADDITION FINAL PLAT Mr. James Klungness was present for the application for final plat approval of Eagan Metro Center 2nd Addition. The staff recommended approval subject to all necessary conditions and ordi- nances and Wachter moved and Egan seconded the motion to approve the final plat of Eagan Metro Center 2nd Addition, including the development agreement, subject, however, to compliance with all necessary conditions and ordinance provisions. All members voted in favor. Mr. Colbert then explained the outlot change in the preliminary plat and final plat and there were concerns of the Council regarding tax forfeiture of an outlot with public access. Smith moved and Parranto seconded the motion to reconsider the motion in light of the outlot issue. All members voted yes. Par- ranto then moved and Egan seconded the motion to approve the final plat subject to applicable conditions imposed by the City and City ordinances and further, subject to submitting an agreement on behalf of the developer to the City acceptable to the City Attorney that can be recorded with the County Recorder's office that will provide that real estate taxes on the outlot without public access will be paid and kept current by the present owners or successors of the owners. All members voted in favor. R 79-86 D 79-150 LAKE PARK ADDITION FINAL PLAT The staff recommended approval of the final plat of Lake Park Addition. Mark Parranto appeared for the applicant and re- viewed the final plat with the Council. Smith moved and Wachter seconded the motion to approve the final plat subject, however, to compliance with all necessary ordinance requirements and condi- tions imposed by the City including park dedication. All members voted in favor except Parranto who abstained. R 79-87 D 79-151 City Council Minutes November 20, 1979 Page Four BRIAR HILL PRELIMINARY PLAT, ZONING AND GRADING PERMIT Mr. Bill Dolan, engineer, and Mr. Carl Tollefson, develo- per, appeared on behalf of the application of Tollefson Builders, Inc., for preliminary plat approval, for rezoning from R-4 to R- 3, Planned Development, and for grading permit for Briar Hill. The A.P.C. recommended approval of the preliminary plat and zoning from R-4 to R-3, Planned Development, subject to certain conditions. Neighboring residential owners were present and had concerns about the two quadrominium parcels abutting single family property and other concerns about parking and driveways. Mr. Tollefson stated that a landscape buffer consisting of at least 5 foot trees will be provided and the totlot would be installed at the developer's expense. The staff recommended that the cul-de-sac circumference not be changed according to the plan from the proposal and there was a suggestion for duplexes rather than four-plexes in the two locations nearest the single family houses. In addition, Mr. Tol- lefson indicated that berming would be installed if requested. In addition, a variance was requested for one quadrominium lot without public street access and because of the closeness to single family houses, it was suggested that the reduction of the pipeline easement width be investigated. In addition, it was recommended that a ponding easement be acquired in the Southwest corner of the plat for permanent City Storm drainage ponding. There were concerns about adequate private access to the quadrominium consis- ting of Lot 17 through 20, Block 2, in phase two which would be checked in more detail and would comply with the ordinances. In addition, Mr. Tollefson asked for a building permit for one model quadrominium. Wachter moved and Smith seconded the motion to rezone the property from R-4 to Planned Development with underlying Agri- cultural zoning. All members voted yes except Murphy who voted no. Mayor Murphy objected to the R-3 adjacent to existing R-1 housing. Parranto then moved and Egan seconded the motion to ap- prove the preliminary plat subject, however, to the following: 1. That the lot consisting of Lot 17 through 20, Block 2, Phase 2, driveway widths be resolved satisfactorily to the City staff, Fire Department and ordinances. 2. That landscaping at the top of the hill adjacent to the single family homes be installed in compliance with requirements and with review by the neighboring owners. 3. That the developers attempt to reduce the pipe line ease- ment to 66 feet in order to allow the cul-de-sac to move to the West to afford greater buffer from the neighboring single family properties. 4. The lot lines shall be extended to include the drainage area and a drainage easement shall be granted to the City as deter- mined by the Director of Public Works. City Council Minutes November 20, 1979 Page Five 5. The developer shall be required to construct a sidewalk along the South side of Silver Bell Road and minimum 8 foot wide asphalt walkways at internal locations as shown on the preliminary plat. 6. That park dedication shall be satisfied by a per unit (148 units) cash donation prior to the release of the final plat for filing. 7. That variances shall be granted for the two overlength cul-de-sacs (540 feet from Gold Trail and 545 feet internal cul- de-sac). 8. That grading, drainage and utility plans shall be approved by the Director of Public Works prior to approval of the final plat. 9. That a planned development agreement shall be executed prior to approval of the final plat. The agreement shall detail landscape plans to be approved by the City, phasing plans and simi- lar detail contained in the agreement. 10. That the planned development shall be approved for five (5) years. 11. That the developer shall construct a tot-lot area at his sole expense according to plans submitted and approved by the Park Director. 12. That a minimum 40 foot building setback shall be provided along Silver Bell Road. 13. That individual lots and blocks shall be numbered rather than the buildings. 14. That all applicable ordinance requirements be complied with. 15. That the homeowners association bylaws and regulations shall be approved by the City staff. 16. That a variance be granted for one quadrominium lot with- out public street access - Lots 17 through 20, Block 2, Phase 2 to procide private access. 17. That landscaping provisions as requested by adjacent owners be approved by the staff. 18. A cash per unit park dedication shall be contributed according to the City formula. ,T City Council Minutes November 20, 1979 Page Six 19. The developer shall construct an 8 foot wide internal trail system to allow for easy access to Wbo dhaven Park according to all specifications which shall be owned and maintained by the homeowner's association. All members voted in favor except Mayor Murphy who voted no. Par- ranto then moved and Egan seconded the motion to approve the appli- cation for grading permit and for building permit for one quadro- minium in phase 1. All members voted yes except Mayor Murphy who voted against. R 79-88 D 79-152 CEDARVALE 2ND ADDITION FINAL PLAT The application for final plat approval for Cedarvale 2nd Addition consisting of Cedarvale Bowl property was next submit- ted for approval. The City staff recommended approval subject to installing concrete curbing on the Northwest side and adjacent to the Country Club Market. Smith moved and Wachter seconded the motion to approve the final plat subject to all conditions including curbing installed on the Northesterly boundary of the property recommended by the City staff. All members voted yes. R 79-89 D 79-153 PLAINVIEW ADDITION - HARVEY BRAUN Mr. Fridlund, architect, and Mr. Harvey Braun appeared on behalf of Mr. Braun's application for setback variance for indus- trial building and rezoning from I-1, Limited Industrial, to PD, Planned Development District, for Lot 7, Plainview Addition, East of Lexington Avenue. The APC recommended approval on October 23, 1979, subject to certain conditions. Mr. Fridlund indicated that the setback variance requested was for 74 feet rather than 60 feet as indicated in the Planning Commission minutes. The 4.7 acre parcel will include on-site drainage at the present time and a letter from MnDOT concerning the proposed highway construction along Lexington Avenue was also reviewed. The applicants indicated a masonry wal will be constructed along the South line adjacent to the single family which will be compatible with the exterior of the buildings proposed. The use of the buildings was discussed and Councilmen were concerned that there be no ourside storage and Mr. Braun agreed that this could be placed as a restriction on the title to the property although temporary outside parking will be permitted. Parranto moved and Egan seconded the motion to rezone the property from I-1, Limited Industrial, to PD, Planned Development, with underlying I-1, and further, for setback variance ej City Council Minutes November 20, 1979 Page Seven of 74 feet to provide for 26 foot setback from the south property line subject, however, to all conditions of the Planning Commission as follows: 1. That the owner/developer agree to a recordable restriction against the title of the property to provide that there be no out- side storage within the plat. 2. That a planned development agreement be approved by the City prior to any construction on the site to be phased over five years. 3. That an overall architectural scheme be approved to pre- vent haphazard development prior to grant of approval of any final plats. 4. That the buffer and landscaping along the McKee Addition be completed with the first phase of development. 5. That a $2,000 landscaping bond be required prior to con- struction and not released until one year after the landscaping has been completed. 6. That the plan be reviewed by the Dakota County Plat Com- mission and be subject to their comments. 7. That detailed grading and drainage plans be approved by the City Engineer. 8. That the developer dedicate all easements required by the City of Eagan. 9. That the existing house be converted to office or storage prior to the completion of the development. 10. That a phasing plan be approved by the City of Eagan. 11. That the uses as designed earlier in this report not change unless approved by the City. 12. That all applicable ordinance requirements be met. 13. That a 20 foot asphalt surface be installed at the develo- per's expense on the street platted as First Street and be re- stricted to emergency vehicles only. 14. That a temporary ponding area be constructed on-site to handle on-site drainage and shall remain in effect until the trunk storm sewer system is provided to service this lot. O 30GO City Council Minutes November 20, 1979 Page Eight 15. That sufficient right-of-way be dedicated according to MnDOT standards to provide for the relocation of of Lexington Ave- nue. 16. That the internal parking lot dimensions be revised to provide for a 10 foot parking stall width and sufficient number of parking stalls at a location as specified by the City but that construction of parking be reviewed periodically in the event that 10 foot parking stall width is not necessary based on construction phasing. All members voted in favor. R 79-90 O.M.C. DISTRIBUTORS, INC., VARIANCE Mr. James Kedly appeared on behalf of the application of O.M.C. Distributors, Inc., for variance for lot coverage and parking requirements for Lots 1 and 2, Block 2, Eagandale Center Industrial Park No. 3. The proposed expansion of the building of 9,333 square feet would increase the lot coverage to 38.9% which is 3.9% over maximum building coverage under I-1 zoned property. The present site plan contains 34 parking spaces and the require- ment would be 53 parking spaces. The Planning Commission recom- mended approval on October 23, 1979, subject to conditions. There was considerable discussion concerning whether additional parking should be required which would impose a variance in the setback of the green space from Apollo Road or to allow variance to reduce the parking below the ordinance requirements. There was discussion concerning the possibility of buying land to the East and possibly providing for parking under the Northern States Power easement. Parranto moved and Wachter seconded the motion to continue the application until the next meeting for the owners to investigate further revisions to the plan including parking. All members voted yes. WINDCREST ADDITION PRELIMINARY PLAT AND REZONING Mr. James Hill appeared on behalf of the application of Niakwa Properties, Inc., for rezoning from Agricultural to PD, Planned Development and preliminary plat approval of Windcrest Addition lying between Deerwood Drive and Wescott Road East of Pilot Knob Road. The APC recommended approval on October 23, 1979, subject to the conditions outlined in the minutes. A number of neighboring owners were present. Mr. Hill reviewed the proposal which was a revision from an earlier plan done in mid-1979. The proposal consisted of 77 acres with 56 single family lots, 16 duplexes with 32 units and 31 quadrominiums with 124 units. Mr. Hill indicated that the density was reduced and the single family 00330 City Council Minutes November 20, 1979 Page Nine and duplexes were increased in numbers. There were some strong objections of neighboring property owners present in the audience to the proposed grade of Denmark to Deerwood and also objections to the required upgrading of Deerwood Drive and the expected assess- ments in the event that the project is approved. Mr. Robert Hanson appeared and objected to the proposed road running Westerly across the North portion of his property. Two petitions from homeowners on Deerwood Drive were read which recommended delay until the Deer- wood Drive upgrading is totally planned and costs are estimated. They also objected to direct single family access to Deerwood Drive, that all single family lots be zoned Estate District. Mr. Parranto recommended that the quad.rominiums not lie adjacent to the R-1, Single Family lots and Mr. Hill indicated that the develoopers agree to reducing some R-4 units to R-2 as recommended by the Coun- cil. Mr. Bill Rydrich was present and suggested the City Council scrutinize closely the use of City funds for improvement of low priority roads such as Deerwood Drive and requested a feasibility study before the approval of the application. Wachter moved and Egan seconded the motion to continue the applications until December 18, 1979, at 7 p.m. and to request the City Engineer to prepare a feasibility study for street improvement for collector streets and also all internal utility improvements and to report back to the Council. All members voted in favor. RAHN ADDITION REZONING AND PRELIMINARY PLAT Mr. Mark Parranto appeared on behalf of the application of J. E. Parranto, Inc., for the rezoning from Agricultural to PD, Planned Development, and preliminary plat approval of Rahn Addition lying West of Blackhawk Road in Section 20. The 5.27 acre parcel would contain 15 single family lots and 14 new resi- dences. Lots range from 9,000 to 16, 400 square feet and Mr. Par- ranto indicated that smaller lots conformed with Cedar Grove sized lots with a reduction of up to $4,000 for the sale price of the smaller lots. Smith moved and Egan seconded the motion to approve the applications for rezoning from Agricultural to PD, Planned Development, and preliminary plat approval of Rahn Addition together with cul-de-sac variance as requested subject to the following conditions: 1. That a sidewalk be installed along the West side of Black- hawk Road at developer's expense or escrow sufficient funds at City's option. 2. That the cul-de-sac in the Rahn Addition would provide for a 60 foot variance. 3. That a planned development agreement shall be approved by the City of Eagan. 00 OE; City Council Minutes November 20, 1979 Page Ten 4. That detailed grading and drainage plans shall be approved by the City Engineer. 5. That all required easements shall be dedicated to the City. 6. That buildings on Lots 8, 9, 10, and 11 should be required to set back according to the 30 foot ordinance requirement. 7. That the existing house which is located on Lot 15 should be platted with Rahn Addition. 8. That sufficient right-of-way be dedicated to provide for a 40 foot half right-of-way adjacent to Blackhawk Road. 9. That sufficient drainage and utility easements be acquired by the developer from properties immediately to the West for the strom sewer outlet. 10. That drainage and utility easements be acquired by the developer from the owners affected in Cedar Grove 7th Addition of necessary width to provide for the connection of the sanitary sewer installation. 11. That a comprehensive grading and drainage plan be sub- mitted and approved by City staff prior to final plat approval. 12. That residential equivalent be escrowed for Lot 1 and Lot 15 to cover the future assessment for the future upgrading of Blackhawk Road. 13. That a cash per unit park dedication shall be contributed according to City formula. 14. That the City investigate the possibility of installing a sidewalk from Carnelian Lane along the park property in con- junction with the sidewalk construction called for by the subdivi- sion ordinance. All members voted in favor except Parranto who abstained. Wachter moved and Smith seconded the motion to approve the preliminary plat of Rahn Addition subject to the understanding that the City will assist in acquiring the necessary utility ease- ment at the North at the developer's expense and further to include the variance for cul-de-sac. All members voted in favor except Parranto who abstained. R 79-91 D 79-154 00309 City Council Minutes November 20, 1979 Page Eleven BEER AND LIQUOR LICENSE RENEWALS A schedule of applications for on and off-sale beer, liquor and wine, club and Sunday liquor license renewals was pre- sented to the Council. Smith moved and Wachter seconded the motion to approve the licenses, a copy of which is attached to the minutes. All members voted in favor. D 79-155 GOPHER SMELTING COMPANY BUILDING PERMIT APPLICATION An application was submitted for an office addition South of the existing Gopher Smelting building consisting of 5,700 square feet. It was noted that the owner had abandoned the preliminary plat for Gopher Eagan Second Addition and revised its construction plans. Because the permit is on unplatted property, the building permit application was submitted to the Council for approval. The APC recommended approval with certain consitions. Upon motion by Egan and seconded by Smith it was RESOLVED to grant the applica- tion for building permit purposes subject to the following condi- tions: 1. That the platting of the property be required at the next stage of development of the facility. 2. That the parking area be surfaced and concrete curbing installed in areas where the parking lot will not be expanded. 3. That a $2,000 landscape bond shall be submitted and not released until one year after landscaping has been completed. 4. That parking spaces 10 feet by 20 feet be provided. 5. That the driveway be moved to the West of the property as it abuts Yankee Doodle Road. 6. Written approval from Dakota County for access to Yankee Doodle Road be acquired. All members voted yes. D 79-156 PROJECT #79-24 - CEDAR AVENUE TRUNK REPLACEMENTS Bids for Improvement Project #79-24 were submitted by Mr. Colbert with the low bid of Parrott Construction Company of $126,994.10. Egan moved and Wachter seconded the motion to approve the award of the contract to the low bidder. All members voted in favor. o0~.0 City Council Minutes November 20, 1979 Page Twelve PROJECT #79-22 - JOHNNY CAKE RIDGE ADDITION UTILITIES The bids for Improvement Project #79-22 consisting of utility improvements to Johnny Cake Ridge Addition were submitted consisting of Project #283 and were opened on November 15, 1979. The low bidder was Encon Utilities, Inc., for $548,207.50. Wachter moved and Parranto seconded the motion to approve the award of the contract to the low bidder as recommended by the Public Works Director. All members voted in favor. PROJECT #287 - EDEN ADDITION The feasibility report for Project #287 consisting of sanitary sewer, water, storm sewer and street improvements were submitted for approval by the City Engineer. Egan moved and Smith seconded the motion to accept the feasibility report, to schedule a public hearing on the report for December 18, 1979, at 7 p.m. at the Eagan City Hall and to further direct the City Engineer to prepare the plans and specifications. All members voted in favor. PROJECT #266 - RAHN ADDITION It was noted that the feasibility report had been received by the City Council at an earlier time and the developer now re- quested that a public hearing be scheduled on the report. Upon motion by Egan and seconded by Wachter, it was RESOLVED to approve the feasibility report and schedule a public hearing on the improve- ments for December 18, 1979, at 7 p.m. at the City Hall. All mem- bers voted in favor except Parranto who abstained. CHANGE ORDERS The Public Works Director submitted the following change orders and recommended approval. Wachter moved and Egan seconded the motion to approve the following change orders: 1. Improvement Project #79-1 Beacon Hill Addition Change Order #1 - $12,979.00. 2. Improvement Project #79-5 Vienna Woods Addition Change Order #3 - $7,200.00. 3. Improvement Project #79-9 Dodd Road Change Order #1 - $26,000.00. 4. Improvement Project #79-10 Cedar Avenue Trunk Change Order #2 - $3,000.00. City Council Minutes November 20, 1979 Page Thirteen 5. Fire Hall #1 and #3 - City Contract - $92.00. All members voted in favor. COUNTY WIDE REHABILITATION PROGRAM Mr. Hedges submitted a proposed agreement between Dakota County H.R.A. and the City of Eagan which had been acted on earlier by the Council regarding the grant of funds for rehabilitating residential homes and recomended approval. Smith moved and Parranto seconded the motion to authorize the execution of the agreement. All members voted in favor. D 79-157 ST. JOHN NEUMANN TEMPORARY BEER AND SET-UP LICENSE An application was submitted by St. John Neumann Catholic Church for temporary sale of beer for January 18 and 19, 1980, and State set-up license for the year 1980 with dance to be held at the Juke Box at Cedarvale Shopping Center. Parranto moved and Egan seconded the motion to approve the applications as requested without requirement for police officer and to permit the applicant to remain open until 1 a.m. All members voted in favor. BRIAR CLIFF FEASIBILITY REPORT A request from the developers of Briar Cliff for feasibi- lity report was submitted to the Council. Egan moved and Smith seconded the motion to accept the petition and to order the City Engineer to prepare the feasibility report. All members voted yes except Murphy who voted against. CEDAR CLIFF ADDITION FEASIBILITY REPORT A request from Zachman Development Company for feasibility report for Cedar Cliff Addition was next reviewed. Smith moved and Egan seconded the motion to accept the petition and to order the City Engineer to prepare a feasibility report for utilities and streets as requested with the understanding that the developE.r will cover the cost of the preparation of the report according to the City Council policy. All members voted in favor. CUSTODIAL CONTRACT Tom Hedges recommended the approval of the contract with Orvilla Homes for 30 day trial period for custodian services for the City office facilities. Wachter moved and Egan seconded the motion to approve the execution of such a contract. All members voted in favor. D 79-158 (0 C, 3 1 FIN 21 City Council Minutes November 20, 1979 Page Fourteen ENGINEERING DEPARTMENT RECEPTIONIST Mr. Hedges recommended that Jayne Rechtzigel be hired as the receptionist/secretary for the City Engineering Department. Wachter moved and Egan seconded the motion to approve the hiring of Jayne Rechtzigel as of December 1, 1979. All members voted in favor. OCTOBER 2, 1979 AMENDMENT Upon motion by Parranto and seconded by Wachter, it was RESOLVED that the minutes of the October 2, 1979, regular Council meeting be amended to provide that the public hearing concerning Eagan's Housing Plan be continued until November 20, 1979, at 7 p.m. at Eagan City Hall. All members voted yes. I-35E PRE-TRIAL HEARING City Attorney Hauge reported briefly on the pre-trial hearing before Justice John Todd of the Minnesota Supreme Court during the week of November 12th. He indicated that the request of the City for a friend of the court brief was denied and also that no further briefs will be submitted by any parties with no oral argument with the case to be submitted to the full court appro- ximately in February of 1980. MAKIN MAGIC V. CITY OF EAGAN CASE Mr. Hauge also reported that the oral argument before the 8th Circuit Court of Appeals in St. Louis will be held on Decem- ber 7, 1979, and that all briefs except the reply brief of Mak'n Magic have now been submitted. RESERVOIR SITE NO.4 - DAKOTA COUNTY PARK Mr. Hedges reported on the Metro Open Space Committee meeting held on November 19, 1979, before the Metropolitan Council concerning Eagan's request for the location of reservoir site #4 in Dakota County Park. The Committee requested additional informa- tion and no official action was taken. EAGAN METRO CENTER 2ND ADDITION PRELIMINARY REPORT - PROJECT #289 The Eagan City Engineer submitted the preliminary report for Project #289 consisting of storm sewer improvements in the Metram Condominium project. Egan moved and Wachter seconded the motion to accept the preliminary report and to order a public hearing for December 18, 1979, at 7 p.m. at the Eagan City Hall. All members voted yes. U3 City Council Minutes November 20, 1979 Page Fifteen PROJECT #290 - ECONOMICS LABORATORIES WATER MAIN A request from Economics Laboratories for a short piece of water main adjacent to its project on Lone Oak Road was submitted to the Council together with a preliminary report prepared by the City Engineer. It was noted that the total cost will be paid by the petitioner. Wachter moved and Smith seconded the motion to accept the preliminary report and to schedule a public hearing for December 18, 1979, at 7 p.m. at the Eagan City Hall. All mem- bers voted in favor. PCA INSPECTION OF EAGAN VEHICLES Mr. Colbert recommended that the Council approve the inspection of City vehicles by the Pollution Control Agency without cost to the City. Wachter moved and Smith seconded the motion to approve the recommendation of the Public Works Director for checking for pollution quality of the vehicles. Those in favor were: Wachter, Smith and Egan. Those against: Parranto and Murphy. TAX FORFEITURE PROPERTY Mr. Colbert then submitted a schedule of four parcels in the City submitted by the Dakota County Auditor to the City requesting whether the City would desire to acquire the propE!rty for City purposes. They consisted of Lot 1, Block 1 and Lot 1, Block 2, Wescott Hills Addition; a 10 foot parcel East of Rahn Road adjacent to Eagan on the Green; and an outlot in Cedar Grove 5th Addition. Smith moved and Parranto seconded the motion to exercise the right to acquire the outlot in Cedar Grove 5th Addition and the 10 foot parcel East of Rahn road and to comply with the necessary State law in this respect. All members voted in favor. VOUCHERS Smith moved and Parranto seconded the motion to approve the following vouchers: 838-865; 9177-9254; 13711-13907. All members voted in favor. ADJOURNMENT Wachter moved and Egan seconded the motion to adjourn at 12:45 p.m. All members voted in favor. DATED: November 20, 1979 PHH City Clerk