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09/04/1979 - City Council Regular 0€217 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 4, 1979 A regular meeting of the Eagan City Council was held on September 4, 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 Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved and Egan seconded the motion to approve the agenda with certain revisions. All members voted in favor. MINUTES Egan moved and Wachter seconded the motion to approve the minutes of August 21, 1979, with the following changes: Page 6 regarding Johnny Cake Ridge Addition, the staff had concerns about the cul-de-sacs including maintenance problems for snow removal, police and fire control and through traffic issues; Page 8, Drexel Heights Addition emergency sanitary sewer repair was awarded to Fredrickson Excavating Inc. in the sum of $1,552 per day; Page 10, that Egan seconded the motion concerning D.C.R. Company Cedarvale Bowl. All members voted yes. MASAC REPORT Mr. Barton Schmidt and Mr. Tom Baker, Eagan's representatives to the Metropolitan Airport Sound Abatement Council, appeared and submitted a written report and an oral report regarding activities of MASAC and the involvement of the City of Eagan. Mr. Schmidt indicated that few noise complaints had been registered with MASAC from Eagan residents although the number of flights over the City are quite substantial. No formal action was taken and the representatives were thanked by the Council for their continued interest in MASAC activities. D 79-112 002119 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE TWO POLICE DEPARTMENT Police Chief Martin DesLauriers appeared. 1. Animal Warden. A letter from Jay Berthe regarding the request of Kathleen Gilbertson for an increase in compensation for animal warden duties were next considered. Ms. Gilbertson was present and requested a City vehicle and increased compensation. After discussion, Smith moved and Wachter seconded the motion to increase the hourly rate from $6.00 to $7.00 per hour effective immediately on an interim basis until further study is made and recommendation by the staff to the City Council. All members voted yes. 2. Police Vehicle. Mr. DesLauriers reported that one of the police patrol vehicles intended to be traded in toward a purchase of a new vehicle had recently been in an accident with estimated repair costs of $750. Wachter moved and Smith seconded the motion to approve the sale of the automobile at the best possible price. All members voted yes. 3. Purchase of Squad Car. Mr. DesLauriers requested clari- fication on the purchase of an 8 cylinder diesel automobile and it was suggested that he purchase the diesel patrol car from an existing inventory from an area dealer. PARK DEPARTMENT Park Director Barbara Schmidt was present. 1. Evergreen Park Pathway. A number of interested persons appeared together with Pat MacDonald requesting that the City participate in the installation of a pathway from Evergreen Park to Thomas Lake Elementary School. Park Director Barbara Schmidt indicated that she had a favorable response from the Rosemount School District administration and recommended a change order to the school construction contract be acquired with the City to pay a share of the cost including engineer fees and construction costs. Murphy moved and Egan seconded the motion to authorize the staff to negotiate a contract with the Rosemount School District. There was also discussion concerning acquisition of funds by the City for financing of the project with negotiations to take place according to the August 29, 1979, letter from Mrs. Schmidt to the School District. All members voted in favor. 2. Front Mounted Mower. Park Director Schmidt recommended that a front mounted mower and options be purchased according to the low bid of Corcoran Hardware in the sum of $6,995.00. Smith moved and Wachter seconded the motion to accept the recommendation of the Park Director. All members voted in favor. OC219 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE THREE FIRST MINNEHAHA ADDITION FINAL PLAT The final plat of First Minnehaha Addition on Pilot Knob Road was next submitted for consideration. Smith moved and Parranto seconded the motion to approve the final plat subject to compliance with all ordinance requirements including development agreement. All members voted in favor. D 79-113 R 79-60 EAGANDALE CENTER INDUSTRIAL PARK NO. 5 The application for final plat approval of Eagandale Center Industrial Park No. 5 was submitted for consideration. Parranto moved and Wachter seconded the motion to approve the final plat subject to compliance with all necessary ordinance requirements. All members voted yes. D 79-114 R 79-61 OVERVIEW ESTATES PROJECT #278 The Mayor then convened the public hearing regarding Project #278 covering utilities and street improvements for Overview Estates Addition. City Engineer Rosene explained the project and a number of surrounding owners appeared with questions. There were no objections to the project. Mr. Rosene discussed the need for storm sewer easements to the lake and after discussion, Wachter moved and Egan seconded the motion to close the hearing, to order in the project and to direct the City Engineer to prepare the plans and specifications. All members voted in favor. SUNSET ADDITION - PROJECT #280 Mayor Murphy next convened the public hearing regarding Project #180 consisting of utilities and street improvements for proposed Sunset Addition. It was noted that the developer of Sunset Addition had asked that the hearing be dropped and that no further processing take place by the City due to lack of necessary financing. Smith then moved and Parranto seconded the motion to close the hearing and that no further action be taken regarding the project but that a statement be sent to the developer for City expenditures to date. All members voted yes. TILSEN HOMES - EDEN ADDITION Mr. Bob Tilsen and Mr. James Tilsen together with engineer Ralph Wagner appeared regarding the application of Tilsen Homes, Inc., for preliminary plat approval of Eden Addition and rezoning of Agricultural R-1 and R-4 to PD, Planned Development covering that part of the NWa of the SWh of Section 29. There were no QC2 0 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE FOUR objections to the application. The APC recommended approval subject to conditions. The Council reviewed with the applicant various plans and recommendations of the Advisory Planning Commission and it was noted that a recreational totlot privately run will be con- structed in the center of the development and maintained by the Homeowners Association. It was further understood that the Home- owners Association would maintain Outlot A consisting of berming along proposed I-35E. After discussion, Egan moved and Smith seconded the motion to approve the preliminary plat according to the APC recommendations, subject to the submission of an adequate landscape plan and submission of a $2,000 landscape bond, that advertising brochures indicate that I-35E is intended to be con- structed along the Westerly property line and subject to final Park Committee recommendations. All members voted yea. Parranto then moved and Egan seconded the motion to rezone the property to Planned Unit Development according to the recommendations of the Planning Commission. All members voted in favor. D 79-115 R 79-62 ZACHMAN HOMES - CEDARCLIFF PLAT The next application considered was Zachman Homes, Inc., for preliminary plat approval of Cedarcliff Addition and rezoning from Agricultural to PD, Planned Development. The development would consist of 10 acres of office commercial and 40 acres of medium density residential with 24 acres of park located on the St. Paul Companies property at the Northeast corner of Cliff Road and Nicols Road. The APC recommended approval subject to conditions. Mr. Steve Ryan appeared for the applicant and reviewed the project in detail. There was discussion concerning the park application for Lawcon funds and Barbara Schmidt was present and stated that a definite decision on the application has not been made yet by the State Planning Agency. There are revisions in the plat from the Planning Commission stage indicating all lots are a minimum 75 feet in width with typical minimum lot size of 9,375 square feet with the average lot size over 12,000 square feet for single family and over 15,000 square feet for duplex. There would be no setback variances required and there was considerable discussion regarding modest cost housing. There were questions whether the savings for the smaller lot sizes would be passed along to the homeowners and Mr. Ryan illustrated the cost savings of the smaller lots indicating about 17.7% savings. He further stated that the developer would commit the entire site to minimum down F.H.A. financed mortgages in its development agreement. There was also discussion concerning general office used in the commercially zoned parcel and Council members noting that there was a large amount of commercial zoning in the general area. Councilman Smith stated his concern about the need for more concrete plans in the commercial area and concerns regarding the F.H.A. guarantees regarding value. The timetable would show a possible start of OC 2:1 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE FIVE the private utilities for fall of 1979. Smith moved and Parranto seconded the motion to continue the application for preliminary plat approval and zoning approval for two weeks until the next regular meeting to permit the developer to furnish information concerning models and estimated costs, and also to permit Council members to review other Zachman projects. All members voted in favor. SOUTH DELAWARE HILLS PRELIMINARY PLAT Mr. Richard Parranto appeared on behalf of the zoning applica- tion for preliminary plat approval of revised South Delaware Hills. A public hearing was held by the Planning Commission on August 28th and it was recommended approval subject to certain conditions. Mr. Parranto explained the background and revisions to the plat stating that the application first came in 1977 and it received preliminary approval in 1978 by the Council. Mr. Gordon Christianson, surveyor, and Tom Phillippi also appeared for the applicant. The project would consist of 94 single family lots and 82 duplex lots or 164 duplex units with 4 outlots. Also there would be 1.8 acres of commercial. There were a large number of surroundiPg property owners present with strong concerns regarding the9 bmise by the City and concerning the distance of the park from the residential area in Eagan. There were also concerns about construction of the park in Inver Grove Heights and the possibility of acquiring flat park land in the proposed duplex area as originally offered by the developer. It was noted that the Inver Grove Heights Council approved the plat in Inver Grove Heights and a petition was submitted signed by approximately 106 people objecting to the distance to the flat park area in Inver Grove Heights and the alleged excessive number of duplex units. The 1971 concept plans for the park were reviewed and request were made for adequate park land centrally located in the developed area in Eagan near Bur Oak Park and the reduction of duplex units. There were also concerns about drainage and the current high lake level in Bur Oak Park in addition to an objection to Chapel Lane being eventually a thoroughfare running through the development Westerly. Mr. Rollie Crawford, attorney, appeared representing the Bur Oak Park Area Citizens Committee and objected to the number of duplex units and the park land issue. Park Director Schmidt stated that a review of the park near Bur Oak Park could be redone by the Committee. After lengthy discussion, Wachter moved and Egan seconded the motion to continue consideration of the application and refer the park proposal back to the Advisory Park Committee to review the proposal and to resubmit it after reconsideration to the Council. In addition, Councilman Smith suggested that the developer review the plat for revisions including park location. All members voted in favor except Parranto who voted no. It was noted that the Park Committee will meet on September 13th to consider the issue at its regular meeting. (?C T + "p CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE SIX HERREGAN DISTRIBUTORS - I.D.R. BOND REQUEST Mr. Hedges stated that a request had been received from Herregan Distribution, Inc. for industrial revenue bonds in the amount of $1,200,000 to construct a wholesale floor covering distribution center on Lot 1, Block 3, Cedar Industrial Park on Kenebec Drive. A letter from Miller and Schroeder and other support data were received and Finance Committee member Smith reported on the findings of the Finance Committee. Upon motion of Murphy,-seconded by Smith, it was RESOLVED to set a public hearing for October 2, 1979, at 7 p.m.; further, to approve the submission of the application to the Minnesota Commissioner of Securities, with the understanding that the resolution does not approve lot coverage in excess of 35%. All members voted in favor except Parranto who abstained. SEE BOND FILE JOHNSON FIRST ADDITION The final plat approval of Johnson' First Addition was next submitted. At the request of the staff and upon motion by Wachter and seconded by Parranto, it was RESOLVED to approve the final plat subject to staff approval and development agreement. All members voted in favor. D 79-116 R 79-63 MRS. DELLA BRAUN - WESCOTT GARDEN LOTS A letter had been received from Mr. Ed Meisinger, Jr., attorney for Mrs. Della Braun, concerning the sale of her property at 3510 Wescott Hills Drive. A petition was submitted by Mr. Meisinger to vacate a street called Cedar Street where Cedar abutts Lot 2 of Wescott Garden Lots. Upon motion by Egan and seconded by Wachter, it was RESOLVED to set the public hearing regarding the vacation for October 2, 1979, at 7 p.m. All members voted in favor. CONDITIONAL USE PERMIT RENEWALS The following conditional use permits were upon motion by Wachter and seconded by Egan approved: 1. Carl Case located at 540 County Road #30 for a repair shop in his garage. 2. Jeanette Flogstad at 4300 Blackhawk Road for a Christian Day Nursery School at Mount Calvary Lutheran Church, 3930 Rahn Road. 00223 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE SEVEN 3. Michael M. Neisius at 5144 - 46th Avenue South, Minneapolis, for storage and repair of up to 10 motorized vehicles at one time on Lot 1, Block 4, Doddview. 4. Mr. Walter Wosje for two year renewal to keep 10 head of cattle on three acres of land North of Deerwood Drive and East of Pilot Knob Road. All members voted in favor. D79-117 AIRLINER MOTEL 3.2 BEER LICENSE An application was presented to the City by Mr. Pui Man Wons for on-sale 3.2 beer license for the Airliner Motel at 2785 Highway #55. At the request of the staff and upon motion by Wachter and seconded by Egan, it was RESOLVED to continue the application for further investigation. All members voted yea. ASSESSMENT COMMITTEE MINUTES - AUGUST 16, 1979 The Assessment Committee minutes for the August 16, 1979, Assessment Committee meeting were discussed by the Council. There was considerable discussion concerning County Road #30 assessments and the policy governing reconstructing of existing streets in relation to the frontage roads along County Road #30. Smith moved and Wachter seconded the motion to approve the minutes adopting the recommendations of the Assessment Committee with the ,exception of the County Road #30 recommendation. All members voted in favor and it was requested that the staff prepare a report on the recommendations concerning reconstruction of the existing City streets and methods of proposed financing. MEADOWLANDS FIRST ADDITION TRAIL City Attorney Paul Hauge reviewed with the Council a request of Dunn and Curry, the developers of Meadowlands First Addition for an extension of time for the completion of the payment of real estate taxes regarding the NSP trail area as part of the dedication of Meadowlands First Addition for park purposes. It was noted that delinquencies in the taxes appeared covering ad- jacent parcels and the request of Dunn and Curry was for 80 building permits for Meadowland First Addition or August 1, 1980, as the time for the payment of all taxes so that clear title can be acquired. There was also discussion concerning an escrow for the estimated amount of taxes. Parranto moved and Smith seconded the motion to authorize an agreement between the City to provide that a pro rata share of all delinquent taxes and assessments affecting the park land be paid as each building permit is granted in Meadowlands First Addition at approximately $1,000 per lot with the understanding that the balance of the taxes would be paid no later than August 1, 1980, or the grant of 80 building permits. All members voted in favor. 0G224 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE EIGHT PROJECT #277 PLANS - DEERWOOD DRIVE The City Engineer submitted the feasibility report for Project #277 consisting of Deerwood Drive street improvements. Parranto moved and Wachter seconded the motion to accept the feasibility report and to schedule the public hearing for October 2, 1979, at 7 p.m. at the Eagan City Hall. All members voted yes. PROJECT #219 PLANS - DUCKWOOD DRIVE AND DENMARK AVENUE Plans and specifications were submitted by the City Engineer and recommended that bids be advertised in the newspaper. City Administrator Hedges reported on future road construction surplus of $420,000 and there was a question whether there was other priorities for road construction by certain Councilmen. Councilman Egan submitted a proposed resolution covering the upgrading and improving and the use of the road trunk fund. Wachter moved and Egan seconded the motion to accept the plans and specifications and to authorize the City Clerk to advertise for bids to be opened on September 27, 1979, at 3 p.m. at Eagan City Hall. For: Wachter, Egan and Murphy. Against: Smith and Parranto. PROJECT #231A - ST. FRANCIS WOOD STREET IMPROVEMENTS Egan moved and Parranto seconded the motion to schedule an assessment hearing for October 2, 1979, at 7 p.m. at the Eagan City Hall covering Project #231A - St. Francis Wood Streets. All members voted in favor. FEDERAL REVENUE SHARING HEARING Tom Hedges recommended that the Council schedule a hearing to consider the distribution of federal revenue sharing funds under federal law. Smith moved and Parranto seconded the motion to schedule the hearing for September 18, 1979, at 7 p.m. at the Eagan City Hall. All members voted yes. DEERWOOD DRIVE LEASE A lease agreement between the City of Eagan and Harold Trout for rental of the Kehne house at 1200 Deerwood Drive was submitted for approval by Mr. Hedges. Egan moved and Wachter seconded the motion to approve the lease. All members voted in favor. D 79-118 00225 CITY COUNCIL MINUTES SEPTEMBER 4, 1979 PAGE NINE COACHMAN OAKS AREA PARK LAND Paul Hauge reported concerning an appraisal submitted at the request of the City for 62 acres of park land proposed to be purchased from Rosewood Corporation on Coachman Road for park land. After discussion, the Council decided to continue the matter and to reconsider the appraisal and contact the State Planning Agency regarding the proposed revision in the appraisal. ROGER SPERLING APC RESIGNATION The resignation letter of Roger Sperling. of the Advisory Planning Commission was accepted by the Council. He indicated conflicts did not permit him to attend many Planning Commission meetings. SAFARI ESTATES DEVELOPMENT AGREEMENT There was discussion concerning the approval of the development agreement covering Safari Estates and the need to acquire a reservoir site in Safari Estates. No action was taken until the final plat is submitted for approval. MAKIN MAGIC VS. CITY OF EAGAN The City Attorney reviewed briefly with the Council the extension of the temporary restraining order by Judge Donald Alsop of the Federal District Court on August 31st for two weeks and stated that it was expected that a hearing will be held on whether to grant a stay of enforcement of Ordinance No. 71, the drug paraphernalia ordinance, on September 13th. CITY COUNCIL SPECIAL MEETINGS The City Council set a special City Council meeting for Thursday, September 6th at 7 p.m., a special meeting for September 11th at 6:45 p.m. and a budget review meeting for September 19th at 7 p.m.; all at the Eagan City Hall. In addition, on September 19, 1979, at 8 p.m., the Council will consider I-35E alternate proposals. VOUCHERS Wachter moved and Egan seconded the motion to approve the following vouchers: 763-769; 8791-8863; 13111-13185. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:30 p.m. All members voted in favor. PHH DATED: September 4, 1979 r 7 CITY CLERK