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12/04/1979 - City Council Regular OC315 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 4, 1980 A regular meeting of the Eagan City Council was held on December 4, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Parranto, Wach- ter, Smith and Egan. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved and Smith seconded the motion to approve the agenda with the exception of the hospital facility resolution which was moved up on the agenda following the Housing Plan consi- deration. All members voted in favor. MINUTES November 20, 1979, Regular Meeting. Wachter moved and Egan seconded the motion to approve the minutes with the exception on Page 6, number 18, the cash per unit park donation shall be contributed, and on Page 11, number 13, the cash per unit park donation contributed. All members voted in favor. November 14, 1979, Special Meeting. Parranto moved and Egan seconded the motion to approve t Fe minutes with the exception on Page 2, that Wachter voted "No" relating to the purchase of a new police car. All members voted in favor. November 29, 1979, Special Meeting. Egan moved and Par- ranto seconded the motion to approve the minutes with the exception on Page 1, that Mayor Murphy rejoined the meeting after the Dakota Electric Association meeting. All members voted in favor. FIRE DEPARTMENT Al Horrocks and John Flood appeared on behalf of the Fireman's Relief Association and recommended that Marquette National Bank Trust Department be authorized to invest the funds of the Relief Association. They indicated that they had checked with several institutions and because of the proposed return expected, the type of services offered and the fact that the service can be terminated within thirty days, recommended approval. Wachter moved and Egan seconded the motion, after considerable discussion, that further investigation take place with other proposed trustees and that a report be submitted to the Council within one month. All members voted yes. 00 J. to City Council Minutes December 4, 1979 Page Two PARK COMMITTEE City Administrator Hedges recommended approval of an application for grant in aid funds for maintenance of cross country ski trails in Blackhawk and Patrick Eagan Parks. Smith moved and Wachter seconded the motion to approve the resolution. All mem- bers voted in favor. R 79-92 FIRE HALL CONSTRUCTION UPDATE It was noted that Fire Hall #1 addition was nearly com- pleted and Fire Hall #3 is still under construction. PUBLIC WORKS DEPARTMENT Public Works Director Tom Colbert reported. He indicated that a request has been made to Dakota County to review traffic at Lone Oak Road and Pilot Knob Road, Yankee Doodle Road and Pilot Knob Road and Lexington Avenue and Yankee Doodle Road. The County recommendations were as follows: A. Lone Oak Road and Pilot Knob Road. The recommendation that the intersection does not warrant the installation of signals for four-way stops but that signals will be done when the updating takes place in that location. B. Yankee Doodle Road and Pilot Knob Road. Recommenda- tion that the County agree to signalize the intersection at the time of upgrading and will install four-way stop if the Council requests at the present time. The Public Works Director recommended approval. C. Lexington Avenue and Yankee Doodle Road. The County stated that it warranted a our-way stop and will install if the Council requests. Parranto moved and Smith seconded the motion to recommend that four-way stops be installed at the Yankee Doodle and Pilot Knob and Lexington Avenue and Yankee Doodle road intersections. All members voted in favor. HOUSING PLAN Mayor Murphy next reconvened the public hearing concerning the proposed housing plan for the City of Eagan. It was noted that the plan had been considered by the Council at the public hearings with the last being November 20, 1979. Mayor Murphy ex- plained the rules on the 15 minutes to the chief proponent and Pad City Council Minutes December 4, 1979 Page Three 15 minutes to the chief opponent with four minute presentations by other individuals. John Voss, Consulting Planner, explained some of the provisions and stated that the Housing Plan is one of the 10 sections in the Comprehensive Plan expected to be a-. dopted in early 1980. He stated that the Housing Plan and Housing Program must be adopted to qualify to sell tax exempted mortgage financing bonds. In addition, Nan McKay, the Dakota County H.R.A. Director, appeared and indicated that 447 applications had been received from Eagan residents for low income housing. She stated that the goal set by the Metropolitan Council for Dakota County is 1069 units for three years through December 31, 1979, and three hundred for the following three years. She stated that funding was not nearly adequate for the goals. She reviewed the four choices of programs and explained Section 8 existing housing is not workable for all low and moderate income housing units. Mr. David Robecke spoke in opposition to the Housing Plan and stated that he represented Residents Against Government Owned Housing. He stated Lhat the group primarily was in opposition to the 100 units of scattered site housing which would be owned by the County and objected to the lack of hearings throughout the City in various locations. There was discussion concerning the real estate tax issue and payment in lieu by the County. There were a large number of residents present and many of them spoke against and for the project. There were comments by the Council and the Mayor con- cerning the need to adopt a Housing Plan in order to be eligible for state and federal grants which are largely reviewed by the Metropolitan Council. Smith then moved and Egan seconded the motion to close the public hearing and to adopt a resolution, a copy of which is attached to these minutes, in effect adopting the Housing Plan. Councilman Egan explained the public hearings had been held on four occasions and that only two cities including Eagan in the metropolitan area are as far advanced on the housing plan to allow issuance for tax exempt revenue bonds. Mayor Murphy then moved to amend the resolution to delete the section whereby Eagan would allow the Dakota H.R.A. to acquire 100 scattered site housing units for the reason that this part of the Housing Plan is economic, that is government ownership through the H.R.A. public corporation versus homes staving under private ownership. Wachter seconded the motion. Those in favor of the amendment: Wachter and Murphy. Against: Parranto, Smith and Egan. On the main motion for Housing Plan adoption, those in favor: Smith, Egan and Parranto. Against: Wachter and Murphy. The plan was adopted. R 79-93 D 79-159 031B City Council Minutes December 4, 1979 Page Four FAIRVIEW RIDGES HOSPITAL RESOLUTION After a recess, Mayor Murphy and City Administrator Hedges reviewed a proposed resolution for Council support of the applica- tion for Certificate of Need before the Metropolitan Health Board by Fairview Hospital Corporation for the location of a hospital facility at the Ridges in Burnsville. Murphy moved and Egan se- conded the motion to approve the resolution and that it be forwarded to the Health Board for its meeting on December 5, 1979. All mem- bers voted yes. R 79-94 O.M.C. DISTRIBUTORS, INC., VARIANCES Mr. James Kedley appeared on behalf of the application of O.M.C. Distributors, Inc., for variance for lot coverage and for parking requirements for Lots 1 and 2, Block 2, Eagandale Center Industrial Park No. 3. He indicated that the original plan for the entire building was submitted in 1971 and that 38.73% of lot coverage would take place with the 9300 square foot addition. Discussion concerned the 25 foot NSP area and the fact that addi- tional land was available for acquisition for parking and to avoid the variance for lot coverage. Mr. Kedley proposed that the expan- sion should be entirely warehouse but still the two variances would be required. It was noted that the ordinance had been adopted in 1975 with certain revisions and certain Councilmembers indicated there did not appear to be a hardship for lot coverage and parking variances. Parranto moved and Smith seconded the motion to autho- rize the grant of the building permit for the proposed expansion provided that no variance for parking or lot coverage is required and that sufficient land be acquired in fee title to the satis- faction of the City for adequate parking and lot coverage purposes; further, in the event that additional land is attached to the pre- sent parcel, that the land be replatted prior to the grant of occu- pancy permit. It was noted that there were other similar examples where the City Council refused to such grants for variances; further that the Building Inspector submit the proposal for review by the Council. All members voted in favor. HILLCREST DEVELOPMENT COMPANY - MARI ACRES PRELIMINARY PLAT Mr. Bruce Odlaug, attorney, and Gary Tankenoff, partner of Hillcrest Development Company, appeared on behalf of the Hill- crest Development Company application for preliminary plat approval of Mari Acres. The APC recommended denial. Mr. Odlaug made the presentation for the applicant and City Attorney Hauge indicated that an agreement had been tentatively set up last July for the acquisition of a 7 acre pond in fee title by the City from Hill- crest. The Council also reviewed Section 52.07, Subdivision 11, City Council Minutes December 4, 1979 Page Five requiring that no building permit will be granted on Community Shopping Center plat until an overall plan is approved by the Plan- ning Commission and Council for the subdivision and further that the first building permit be no less than 20,000 square feet. Mr. Tankenoff requested that the Council approve the plat which provides for one single plated lot with two outlots and the single plat is intended to be used for a McDonald's restaurant. Councilmen expressed their fears in granting approval of the plat for one single restaurant use not knowing how the balance of the subdivision will be developed and further that other examples of similar re- quirements have taken place within the City. Parranto moved and Wachter seconded the motion to approve the preliminary plat with the understanding that Ordinance No. 52.07, Subdivision 11, will be complied with in that no building permit will be granted on any lot until a development plan is submitted and approved by the City Council for the entire subdivision; further, that Outlot A and Lot 1, Block 1, have no direct access to Nicols road; that Outlot C be dedicated to the City in fee without cost for ponding purposes, that line up of the road access from Mari Acres be direct- ly across the access from Cedar Cliff Addition and all applicable ordinance requirements are complied with. All members voted in favor. D 79-160 IMRE ADDITION PRELIMINARY PLAT Mr. James Imre appeared on behalf of his application for preliminary plat approval of Imre Addition on Highway #55 and variance for more than one principal building on Lot 1 and for setback for buildings. The APC recommended approval subject to conditions. After discussion, Smith moved and Wachter seconded the motion to approve the application for preliminary plat approval and also for the variance to provide for three buildings on Lot 1 and for loading dock be sufficiently setback from the lot line to require no variance; also subject to the recommendations of the Advisory Planning Commission as follows: 1. That the building and landscape plans be approved by the City prior to the issuance of a building permit. 2. That the plat be subject to MnDOT review and comment because the plat abuts a State highway. 3, That the easements and extensions of both sewer and water be extended to the North property line of Lot 1 to allow opportunity for development North of the proposed plat. 4, That all necessary easements be provided with the proposed plat. City Council Minutes December 4, 1979 Page Six 5. Compliance with all applicable ordinances. All members voted in favor. R 79-95 D 79-161 Mr. Imre then requested a feasibility study of sanitary sewer, water and storm sewer for the facility. Parranto moved and Smith seconded the motion to authorize the City Engineer to prepare a feasibility study subject to submission of a petition. All members voted yes. BURTON EPPEN NURSERY SCHOOL The application of Burton Eppen for conditional use permit for nursery school at 2057 Garnet Lane was continued because of lack of appearance. Parranto moved and Wachter seconded the motion to table it until the next meeting. All members voted yes. TILSEN HOMES, INC. - WILDERNESS RUN 6TH ADDITION VARIANCES WAIVER The application of Tilsen Homes, Inc., for waiver from certain subdivision regulations to divide R-2 dwellings for Lots 1 through 9, Block 5, Wilderness Run 6th Addition was next consi- dered. The Council reviewed the Planning Commission recommendations for approval subject to certain conditions. Smith moved and Par- ranto seconded the motion to approve the application. All members voted in favor. R 79-96 GORDON LEIBEL REZONING The application of Mr. and Mrs. Gordon Leibel for rezoning from Agricultural to L-B, Limited Business, at 3850 Beau D'Rue Drive was continued until the next meeting with further review by the Planning Commission concerning the preliminary plat on December 11, 1979. CAMERON COURT - WAIVER OF PLATTING Mr. Richard Greckoff of Cameron Development Company appeared on behalf of its application for waiver of plat for Lots 15 and 16 and Lots 19 and 20, Block 1, Cameron Court. The APC recom- mended approval of the shifting of the two lot lines. Parranto moved and Egan seconded the motion to approve the application subject to Advisory Planning Commission recommendations. All members voted in favor. R 79-97 V _ 1 City Council Minutes December 4, 1979 Page Seven PROJECT #79-17 - SAFARI ESTATE UTILITIES The Council discussed the negotiations with Mr. Watschke concerning the completion of the development and also the acquisi- tion of the water reservoir site. It was noted that the letter of credit for the development agreement has not been submitted and the water reservoir site agreement has not been agreed upon. The staff recommended a continuance. Smith moved and Wachter se- conded the motion to continue the award of the contract for the utility project to the next meeting. All members voted in favor. CHES MAR EAST THIRD ADDITION FINAL PLAT A request of Gabbert Development Company for extension of time for final plat approval of Ches Mar East Third Addition was next considered. Parranto moved and Smith seconded the motion to approve the request until August 1, 1980. All members voted yes. FEDERAL REVENUE SHARING USE HEARING Mr. Hedges recommended the federal revenue sharing use hearing be scheduled for December 18, 1979, to discuss the distri- bution of the federal revenue sharing funds for 1980. Wachter moved and Egan seconded the motion to approve the public hearing scheduled for December 18, 1979. All members voted in favor. RICHARD SCHERER - PROJECT #265 City Attorney Hauge indicated that he had been negotiating with Richard Scherer for sanitary sewer easement across the Scherer property on Cliff Road and running from Thomas Lake Addition and Lake Park Addition Westerly. It was noted that 350 feet of perma- nent sewer easement is proposed and the normal payment to the Scherers would be $900 for temporary and permanent easement. In addition, the Scherers wish to be connected to the system. Upon motion by Wachter and seconded by Egan, it was RESOLVED that the sum of $900 be paid to the Scherers for the sanitary sewer easement in return for the dedication of the required easement. All members voted in favor except Parranto who abstained. IMPROVEMENT #79-23 - PROJECT #275 A contract with Richard Knutson, Inc., covering Project #275 (Improvement #79-23) was submitted for approval. Smith moved and Wachter seconded the motion to authorize the execution of the contract. All members voted yes. .ems r"?j O32 City Council Minutes December 4, 1979 Page Eight I-35E SUPREME COURT APPEAL Paul Hauge briefly reviewed with the Council events in the Supreme Court regarding the I-35E appeal. He indicated that several environmental groups have filed a friend of the court brief and at the same time requested consent to file a brief. In addi- tion, Associated Families' attorney asked for oral arguments at the Supreme Court level. The request of the City to file a friend of the Court brief has not been acted upon by the Supreme Court at the present time and the City Attorney will pursue the issue further. M.W.C.C. RENTAL AGREEMENT The rental agreement between the City of Eagan and Metro Waste Control Commission for a small sanitary sewer outfall from the Seneca Plant for $100 per year was submitted for renewal. Smith moved and Egan seconded the motion to approve the lease agree- ment. All members voted yes. D 79-162 I.R. BONDS - YANKEE DOODLE TERMINAL INDUSTRIAL PARK WAREHOUSE Mr. Hedges indicated that an application was received from Mr. William Hawks for the Yankee Doodle Terminal Industrial Park proposed warehouse and recommended that the public hearing be scheduled. Smith moved and Parranto seconded the motion to schedule a public hearing for January 15, 1980, at 7 p.m. at the Eagan City Hall. All members voted yes. SEE BOND FILE CITY COUNCIL MEETING - JANUARY 2, 1980 Smith moved and Wachter seconded the motion to reschedule the regular meeting of the City Council of January 1, 1980, to Wednesday, January 2, 1980, at 6:30 p.m. at the Eagan City Hall. All members voted in favor. ITALIAN PIE SHOPPE 'N WINERY, INC. - LIQUOR LICENSE TRANSFER An appplication from Mr. Jerome DeGiddio, the present owner of the Italian Pie Shoppe, for transfer of the wine license to Italian Pie Shoppe 'N Winery, Inc., was next considered. Wachter moved and Egan seconded the motion to approve the application sub- ject to necessary ordinance requirements. All members voted yes. City Council Minutes December 4, 1979 Page Nine PILOT KNOB SHOPPING CENTER GRADING PERMIT Mr. Colbert recommended approval of the release of the performance bond for the excavation permit for Pilot Knob Shopping Center. Noting that there appeared to be some work undone, there was no action taken by the Council. DEVELOPMENT CONTACT PERFORMANCE BOND REDUCTIONS Mr. Colbert submitted some recommendations for bond re- duction approval to the Council as follows: SUBDIVISION NAME REDUCED BOND AMOUNT Ches Mar First Addition $ 1,000.00 Ches Mar Second Addition $ 2,500.00 Ches Mar Third Addition $ 250.00 Ches Mar Fourth Addition $ 2,500.00 Ches Mar Fifth Addition $ 1,250.00 Ches Mar East First Addition $87,030.00 Parranto moved and Egan seconded the motion to approve the reduc- tions. All members voted yes. HOUSING PROGRAM At the request of Mr. James Holme, bond consulting at- torney, Smith moved and Wachter seconded the motion to amend Section 6 at Page 8 to provide that special assessments must be included determining the purchasing price of a housing unit under the Program for the Issuance of Residential Mortgage Revenue Bonds. All members voted yes. SKETCH PLAN DEVELOPMENT REVISIONS Councilman Smith recommended that a public hearing sche- duled for determination by the Council whether to invalidate any old applications for approval of development or buildings within the City where sketch plans had been submitted earlier, noting that the ordinances have been revised and new conditions imposed upon construction and development. No formal action was taken. CHANGE ORDER #4 - PARROTT CONSTRUCTION COMPANY PROJECT #227A Mr. Rosene, the City Engineer, recommended two changes to Parrott Construction Company for Contract #227A to restore cer- tain eroded areas on the reservoir site for a total of $1,775 and the construction of storm sewer improvements and cleaning the pond near the Jarvi property in the amount of $6,818.50. Egan moved and Wachter seconded the motion to approve the change order. All members voted yes. U a~, t City Council Minutes December 4, 1979 Page Ten VOUCHERS Wachter moved and Murphy seconded the motion to approve the following vouchers: 866-869; 9255-9358; 13907-13993. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:45 p.m. All members voted in favor. DATED: December 4, 1979 PHH City Clerk