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03/06/1979 - City Council Regular 0 048 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 6, 1979 A regular meeting of the Eagan City Council was held on March 6, 1979, at 6:30 p.m. at the City Hall. Those 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 After the Pledge of Allegiance, the Council reviewed the agenda. Smith moved and Wachter seconded the motion, all members voted in favor, it was RESOLVED that the agenda be approved with the exception that the application of Norman Vogelpohl for conditional use permit for liquor license at 3434 Washington Drive be placed after the Federal Land Company application for building permit for restaurant at that location; further, insertion of a report from the Finance Committee on Industrial Revenue Bonding under Old Business. Parranto then moved and Egan seconded the motion, all members voted in favor, to authorize the tape recording of the I-35E discussion during the Council meeting. MINUTES, Upon motion by Egan and seconded by Wachter, all members voting in favor, it was RESOLVED that the minutes of the February 20, 1979 meeting be approved with the exception that on Page 8, Mr. Pakkonen of P.J.H. appeared regarding legisla- tion for tax exempt mortgage financing and on Page 4, that any member of the Police Department may be designated to inspect the records of the gambling and bingo ordinance licensee at the request of the Police Chief or the City Administrator. PUBLIC WORKS COMMITTEE 1. Chairman Wachter reported for the Public Works Committee and indicated that the Committee is recommending that the Cooperative Power Association property at the north- east corner of Wilderness Run Road and Pilot Knob Road be designated as the site for Fire Hall #3. He explained that three sites have been reviewed and discussed the recommenda- tion. Smith moved and Egan seconded the motion, all members voted in favor, to select the Cooperative Power site as the location for the third fire hall. Page Two 0 049 March 6, 1979 City Council Minutes 2. The Committee recommended that Sven Borgersen, a registered engineer, complete the preliminary plans for the fire hall and that the Council engage an architect on a negotiated basis for completion of the plans. Egan moved and Parranto seconded the motion, all members voted yea, to accept the recommendation and to authorize Mr. Borgersen to proceed. 3. In addition, it was recommended that May 1, 1979 be selected as the date for the bond referendum election. Upon motion by Smith and seconded by Wachter, it was RESOLVED that May 1, 1979 be set as the date for the election and that the regular City Council meeting be changed to May 2, 1979 at 6:30 p.m. at the City Hall. All members voted yea. PARK COMMITTEE City Administrator Hedges stated that Norm Hagen had not responded to the request as to whether he wanted to remain on the Park Committee. Parranto then moved and Wachter seconded the motion to relieve Mr. Hagen as a member of the Park Committee for lack of regular attendance at the meetings. It was noted that a two year term is now available for the Park Committee and. upon motion by Smith and seconded by Parranto, all members voting in favor except Wachter who voted no, it was RESOLVED that Sharon Radl be appointed for a three year term and that Richard Carroll be appointed for a two year term on the Park Committee. Parranto then recom- mended to appoint Tom Gits to the Park Committee for a one year term. Ballots were distributed and Mr. Robert Leach and Mr. Gits were the final selection. Mr. Robert Leach, upon the second ballot, was declared the winner of the balloting for the one year term. Further, Sharon Radl and Dick Carroll were selected by ballot at the February 20 meeting for three year and two year terms respectively. PUBLIC WORKS COMMITTEE 1. Assessment Rates for 1979. Public Works Director Colbert reported on the letter of Bonestroo, Rosene, Anderlik and Associates, dated February 19 recommending assessment revisions to the trunk area and lateral benefit charges for 1979. It was noted that the construction cost index had increased 7.41% and the recommended increase of the benefit charges was from 6.78% to 7.22%. Wachter moved and Egan seconded the motion, all members voted yes, to adopt the recommended rates. Page Three March 6, 1979 City Council Minutes 0 ®zo 2. Cedar Avenue Resolution. Mr. Colbert recommended that the Council authorize the execution of a cooperative construction agreement between the City and Mn/DOT concerning Project #198A regarding Cedar Avenue storm sewer installation. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the agreement and execution. D 79-35 3. Project #257 - Trunk Storm Sewer from Thomas Lake to Blackhawk Lake. Mr. Colbert detailed a proposal that has been reached after meeting with homeowners around the Heine Pond area including their co-chairman Molly Ernst and Steve O'Neil regarding diverting storm water drainage from around Heine Pond to the Wenzel Pond using the Heine Pond as backup bypass alternate. It was estimated that the additional cost would be $35,000 and no recommendation was made as to the property to be assessed for the additional cost. Several residents of the area were present and no objections to the proposal. It was suggested that the Wenzel pond be set at 877.0 feet before the backup would take place. The City Engineer and Public Works Director recommended approval of the proposal and that the method of assessments be sub- mitted to the Assessment Committee for recommendation. It was noted that the DNR is awaiting the recommendation of the Council before approval of the permanent application for the storm drainage plans. There were questions but no objections from the audience and discussion concerning the possibility of diverting the Heine Addition storm drain- age to the Wenzel pond and methods of paying for the additional costs involved. Egan moved and Smith seconded the motion to recommend approval of the proposed as reviewed by the Public Works Director, including the bypass to the Wenzel pond and that the assessment decision be referred to the Assessment Committee for recommendation, further, that the recommendation be forwarded to the DNR for the purpose of acquiring the necessary permit, there being no action on whether the storm level be set on a 1 or 5 year basis. Those in favor were: Murphy, Smith and Egan. Those against were: Parranto and Wachter. FINANCE COMMITTEE Chairman Parranto reported and recommended a short Council meeting to receive further information regarding industrial revenue financing for single family construction on March 13, 1979 at 6:30 p.m. at City Hall. Parranto moved and Smith seconded the motion to set the special meeting on tax exempt mortgage financing. All members voted yes. page Four March 6, 1979 0 o~ City Council Minutes I-35E A large group of affected persons appeared regarding the request of Don Christianson regarding a proposal to acquire support from the City Council concerning the appeal of the DNR Commissioner's ruling regarding the bridge permit application crossing Blackhawk Lake. Mayor Murphy indicated that the I-35E presentation had been noticed in the newspaper and discussion commenced about 7:30 p.m. Mr. Christianson read a prepared statement favoring the A-1 proposal and detailed some history regarding the background and plans for I-35E. Mr. Christianson requested that the Council reconsider its stand and support the Urban Council on Mobility's appeal indicating that he expected Mn/DOT would support the appeal in the event of the Council's change in stand. John Klein, the project director of the Urban Council on Mobility, then reviewed in detail the status of the appeal and the background leading up to the position where the bridge crossing permit application has been appealed to the Dakota County District Court. He indicated that the DNR Commissioner stated on January 18 that there was no environmental difference between A-1 and A-2 and that there would be 18 months additional design time for A-2 over A-l. Mr. George Bohlig, a representative of Associated Families, then was given an opportunity to state the position of the Associated Families and indicated that all of the Associated Families' partners knew where the highway location was intended to be when they acquired the land and stated that they felt little could be done about the route at that time. They objected to crossing the lake and in May of 1978 requested the formal hearing by the DNR regarding the permit application. James Horne spoke against A-2 as did a number of other persons present in the audience. Councilmember Smith explained the reasons why the Council has voted not to appeal although he indicated that the A-1 was the first choice of all members of the Council. After a lengthy discussion, Wachter moved that the City Council be on record supporting in concept of the appeal by the Urban Council on Mobility to the Dakota County District Court and Mayor Murphy seconded the motion. Councilmember Parranto explained why he voted against the appeal and indicated that he felt that it was to the benefit of the larger portion of the City and more persons in the City were in favor of the completion of the construction of I-35E at the earliest possible time. Mayor Murphy stated that he understood the City's special counsel, Maclay Hyde, had indicated that there was less than a 50% chance of success on an appeal and further stated that he understood that the Mn/DOT representative Page Five March 6, 1979 e Ot City Council Minutes indicated that the design work would continue on A-2 in spite of the appeal. Councilmember Egan stated that Merritt Linzie of Mn/DOT had related that Mn/DOT would commence design on A-2 only if the City did not appeal. Councilmember Smith then moved the previous question to cut off debate. Parranto seconded and all members voted in favor of the motion except Murphy who voted against. John Klein was then given the opportunity to read a letter written by Wayne Winsor in 1970 regarding support for the A-1 alternative for the bridge across Bldckhawk Lake. Those in favor of the main motion for support of the Urban Council on Mobility's appeal: Wachter and Murphy. Those against: Egan, Parranto and Smith. Discussion continued until 9:10 p.m. THOMAS LAKE ROAD EASEMENTS City Attorney Paul Hauge reported to the Council con- cerning a proposed settlement for Mr. and Mrs. James Barker for the acquisition of necessary road right-of-way easements across the Barker land for Thomas Lake Road. The amount proposed was $3,800 for easement acquisitions for three parcels of property including Richard Sherer, Richard Smith and James Barker, tree replacement in the amount of $1,380 and bituminous driveway improvements of $4,200. In addition, the proposal was to defer assessments for road improvements. Councilmember Wachter spoke against replacing trees that are unapproved according to City ordinance. After discussion, Smith moved and Egan seconded the motion, all members voted in favor, except Wachter who voted no, to approve the full settlement with the condition that the necessary easements be acquired from all parties, that an amount not exceeding the settlement amounts be granted, that the road assessments be deferred, that the action entitled "James Barker vs. Eagan" appealed to the Minnesota Supreme Court be dismissed and that all easements be acquired from the three property owners. All members voted yes, except Wachter who voted no. SAFARI ESTATES SANITARY SEWER AND WATER IMPROVEMENTS - PROJECT #254 Mr. Colbert introduced the subject regarding a proposed revised feasibility report for Project #254 in the Safari Estates area consisting of sanitary sewer and water benefits in the south area of the City. Mr. Colbert recommended the feasibility report be revised and proceed with the public hearing on the sanitary sewer and water trunk improvements in the area. Egan moved and Wachter seconded the motion, all members voted in favor, to authorize the Eagan City Engineer to prepare a new feasibility report for the project for submission to the City Council. All members voted in favor. 0 053 Page Six March 6, 1979 City Council Minutes COMPREHENSIVE STORM SEWER PLAN REVIEW The 1978 Comprehensive Storm Sewer Plan prepared by Bonestroo, Rosene, Anderlik & Associates which had been dis- tributed to the Council was discussed briefly by the Council. Public Works Director Colbert recommended approval and after discussion, Parranto moved and Wachter and Smith both seconded the motion, all members voted in favor, to approve the Comprehensive Storm Sewer Plan dated 1978. D 79-36 GEORGE SAAD PYLON SIGN Mrs. George Saad appeared on behalf of the application of Mr. and Mrs. Saad for conditional use permit for pylon sign for their restaurant on Yankee Doodle Road. Wachter moved and Egan seconded the motion, all members voted yea, to approve the conditional use permit subject to the recom- mendation of the Advisory Planning Commission. PAULETTE BOSELA ZONING AND PRELIMINARY PLAT The application of Paulette Bosela for rezoning from R-1, Residential Single to R-3, Residential Townhouse, and preliminary plat approval in the southeast corner of the northwest quarter of Section 22 was next considered. Ms. Bosela was present as was Jerry Allen of Criteria Architects on her behalf. The APC recommended denial. Mr. Allen explained the project and a group of affected neighbors appeared in opposition and also by petition. The project would include 3.3 units per acre of earth covered townhomes in a low area east of Pilot Knob Road. There was concern by neighboring owners in the event that the project would fail, that then the R-3 zoning would continue. Mr. Allen also showed an alternate 32 single family project on the same site which he indicated would comply with applicable ordi- nances. Opposition included the precedent set by the zoning, drainage problems and the congested view. Smith moved to deny the application for reasons stated by the Planning Commission; further, that there would be an extremely long cul-de-sac, the street was not wide enough to meet City standards, that the property is zoned R-1, that virtually all neighboring owners appeared in opposition of the proposal and that the project would consist of spot zoning. Egan seconded the motion, all members voted in favor. 0 0454 Page Seven March 6, 1979 City Council Minutes FEDERAL LAND COMPANY PLAN APPROVAL AND BUILDING PERMIT Mr. Vernon Colon appeared on behalf of Federal Land Company for plan approval and building permit for restaurant on Lot 1, Block 2, Bicentennial Third Addition. The APC recommended approval subject to conditions. The restaurant would seat 225 people and Mr. Colon showed a revised site plan. He stated that the applicants would not object to only one on-sale liquor license in the Yankee Square Shopping Center area and expected that the proposed motel would not require a liquor license. There was discussion concerning sidewalk locations and snow storage problems. Mr. Colbert recommended a 7-foot minimum boulevard between curb and sidewalk for maintenance purposes. The right-of-way is 60 feet with a 44 foot approved road. Wachter moved and Egan seconded the motion to approve the application subject to City Engineer and City Attorney approval as to the necessary sidewalk and road easements, including a review of the lia- bility regarding sidewalk construction in the area. All members voted in favor. LIQUOR LICENSE - YANKEE SQUARE RESTAURANT The application of Norman Vogelpohl for an application for on-sale liquor license for 3434 Washington Drive was next considered. The City Council had continued the matter to determine the Council's restriction as to whether more than one on-sale liquor license would be granted within the Yankee Square Shopping Center area. The APC had granted a conditional use permit on February 27, 1978, and the Council on March 7, 1978. After discussion, Mr. Vogelpohl indicated that he had an option for the motel property, but would not request an additional on-sale liquor license for the motel. In addition, Mr. Vogelpohl indicated that he would pay the park dedication fees for McRae Addition which had not been paid. Martin Colon and Vernon Colon were present and also agreed to the restriction that there would be only one on-sale liquor license in the PUD area of Yankee Square covering the Federal Land Company property. Smith moved to approve the on-sale liquor license subject to the following: 1. That the Council not grant further on-sale liquor licenses for the area encompassed by Bicentennial PUD and that the developers agree to the restriction. 2. That Mr. Vogelpohl pay the park dedication require- ments for McRae Addition. Wachter seconded the motion and all members voted in favor. 0 055 Page Eight March 6, 1979 City Council Minutes BICENTENNIAL FOURTH ADDITION PRELIMINARY PLAT Mr. Martin Colon then appeared regarding the application of Federal Land Company for preliminary plat approval of Bicentennial Fourth Addition. The APC recommended approval subject to conditions. There were no objections to the application. Mr. Colon indicated that the intention would be that concrete curbing would not be completely installed until a second building is constructed. After discussion, Parranto moved and Wachter seconded the motion, with all Councilmembers voting in favor, to approve the application subject to the conditions outlined by the Advisory Planning Commission and that the sidewalk would be installed on the east side of Washington Drive. D 79-37 BICENTENNIAL FOURTH ADDITION OFFICE BUILDINGS Mr. Martin Colon again appeared as did William F. Brandt regarding the application for plan approval for two office buildings in Bicentennial Fourth Addition. After discussion, Wachter moved and Egan seconded the motion, all members voting in favor, to approve the application for plan approval. BICENTENNIAL FOURTH ADDITION FINAL PLAT Mr. Martin Colon requested final plat approval of Bicentennial Fourth Addition and indicated that all ordinance requirements would be met by the applicants. The Council took no action on the request. BAR-ETT CONSTRUCTION COMPANY REZONING AND PRELIMINARY PLAT APPROVAL - DUCKWOOD PUD Mr. Gerald Singer, attorney, Ralph Wagner of Probe Engineering and Zollie Barrett appeared regarding the appli- cation of Bar-Ett Construction Company to rezone from R-4, Residential Multiple, to PD, Planned Development District and for preliminary plat approval of the south half of the NEa of Section 15, lying west of Lexington Avenue and south of Yankee Doodle Road. The APC recommended approval of both applications subject to conditions. Mr. Wagner explained the project and stated that there would be one public street and that the PUD was required because of some of the phases do not meet the density require- ments and the public street requirements in the event that each were to stand alone. There was concern by Councilmembers regarding the commencement of construction on phase one consisting of the multi-family apartment complex which did not meet the density restriction of Ordinance #52. 0 0056 Page Nine March 6, 1979 City Council Minutes A report of John Voss dated February 21, 1979, was reviewed as were the APC minutes. There was a suggestion that the underlying zoning be revised to a lower density than R-4 so that in event of default after commencement of the construction under the PUD, that the land would then revert pursuant to ordinance procedures to the underlying zoning. The developers present indicated that the development is expected to be completed within five years, but suggested a 15 year PUD agreement term. There was also discussion concerning subsidized housing and the applicants indicated that it is expected that they would apply for Jenny Mae financing which would require 20% subsidized housing, but that the applicants also will be requesting industrial revenue financing from the City. They also indicated that the subsidized housing would be scattered throughout the complex and did not object to R-3 underlying zoning provided the PUD period is 15 years. After a lengthy discussion, Smith moved and Wachter seconded the motion to rezone the property from R-4 to Planned Unit Development subject to the applicant submitting an application and completing the underlying rezoning of the property to R-3 prior to final plat approval by the Council. All members voted in favor. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the application for preliminary plat covering the entire parcel consisting of 33.35 acres subject to the recommendations of the Advisory Planning Commission and further, that the PUD agreement cover a 15 year term with annual review of the PUD. Parranto then moved and Egan seconded the motion, with all members voting in favor, to amend the motion regarding the preliminary plat to require that the applicants submit plans for approval by the City Council for all building permits before approval of the building permits. It was understood that all other ordinance requirements would be met. D 79-38 R 79-15 BAR-ETT CONSTRUCTION COMPANY EAW - DUCKWOOD PUD The City Planner recommended a negative declaration and that the EIS not be required for the Bar-Ett Construction Company Planned Development complex. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the recommendation and authorize the EAW to be forwarded to the EQB for final action. Page Ten 0 057 March 6, 1979 City Council Minutes MICHAEL MICKELSON - BRITTANY MANOR ADDITION Mr. Michael Mickelson and William Dolan appeared on behalf of their application for rezoning from Agricultural to R-l, Residential Single and R-2, Residential Double and preliminary plat approval for Brittany Manor located east of Johnny Cake Ridge Road. The APC recommended approval subject to conditions. It was noted that the plat had been revised to indicate that there would be 10 lots for the 10 double bungalows at the northwest corner of the plat. There was discussion concerning the pond at the southwest corner and certain Councilmembers expressed their concern regarding the excessive 10 foot width of the minor trail easement improvement rather than 8 foot width. There was discussion about the possibility of changing the R-2 zoning to prevent zero lot lines. Egan moved to approve the application for rezoning and for preliminary plat approval subject to the applicable recom- mendations of the Advisory Planning Commission and the 8% maximum grade for streets. Wachter seconded the motion. All members voted in favor except Parranto who voted against opposing the berming along Johnny Cake Ridge Road. R 79-16 D 79-39 MR. STEAK PYLON SIGN Mr. James Durning appeared on behalf of his application for conditional use permit to allow a pylon sign on Lot 2, Durning's Subdivision at Cedar Avenue and Cliff Road. The APC recommended approval. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the pylon sign subject to the recommendations of the APC. MR. STEAK INDUSTRIAL REVENUE BOND REQUEST Mr. Durning next appeared regarding his request for industrial revenue financing for the Mr. Steak restaurant at Cliff Road and Cedar Avenue. Councilmember Parranto reported on behalf of the Finance Committee and indicated that it recommended approval because the application appeared to fulfill the requirements of the statute and of the City Council for industrial revenue financing, and further, that Mr. Durning had operated a well run Mr. Steak in the Cedar- vale area for about eight years. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the industrial revenue financing for the Mr. Steak restaurant. BOND FILE Page Eleven 0 058 March 6, 1979 City Council Minutes COACHMAN OAKS ADDITION FINAL PLAT APPROVAL Mr. Yoch appeared on behalf of the application of Rose- wood Corporation for final plat approval of Coachman Oaks Addition on Coachman Road. City Attorney Hauge reviewed with the Council the status of the park dedication and development agreement and recommended approval subject to conditions. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the application for final plat approval, to approve the development agreement and to accept the park dedication of 1.4 acres subject, however, to com- pliance with all applicable ordinances and submission of all necessary documents. R 79-17 D 79-40 D 79-41 ROAD AND BRIDGE LEGISLATION Mr. Hedges reviewed with the Council proposed legisla- tion for submission to the 1979 Legislature to transfer the road and bridge levy from Dakota County to the cities in the County and submitted a proposed bill that is being cir- culated through all of the city councils in the County. It was noted that the legislation in 1959 gave the County the option whether to appropriate from its road and bridge fund to the cities and the new legislation would provide for the cities to levy the road and bridge fund in lieu of the County doing so. After review, Wachter moved and Egan seconded the motion, all members voted in favor, to approve the bill and forward the Resolution, #79-18, to the County Board but that the special legislation include cities of the first class in addition to the other three class cities. R 79-18 URBAN PLANNING AND DESIGN FEE SCHEDULE FOR 1979 Wachter moved and Smith seconded the motion, all members voted in favor, to approve the fee schedule for Urban Planning and Design for consulting planning work for 1979 for the City. D 79-42 BRITTANY MANOR EAW The City Planner recommended that there be no EIS re- required for Brittany Manor Addition and upon motion by Smith and seconded by Wachter, all members voting in favor, it was RESOLVED that the recommendation be approved. Pace Twee :-e 0 0S9 March 6, 1979 City Council Minutes CLIFF ROAD REIMBURSEMENT LEGISLATION A bill proposed to be introduced by Senator Howard Knutson and Representative Ray Kempe to the 1979 Legislature reimbursing the City of Eagan for the cost of improvements on Cliff Road due to the additional zoo traffic was reviewed by the Council. The anticipated cost is $226,814.09. MURPHY HOUSE RESTAURANT The City Administrator indicated that the sale of the Murphy House to Gregory Eastman has been terminated because Mn/DOT has indicated to Mr. Ray Murphy that the Mn/DOT will be condeming the property for drainage purposes for the construction of 1-494. Wachter moved and Egan seconded the motion, all members voted yea, to rescind the action of the City Council at its last regular meeting in transferring the liquor license to Mr. Eastman from Mr. Murphy. THOMAS LAKE SCHOOL ADDITION PRELIMINARY PLAT The preliminary plat for Thomas Lake School Addition on Thomas Lake Road was next considered. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the preliminary plat. D 79-43 STEVE JACOBSON ELECTRIC BILL The City Engineer recommended the payment of $64.50 to Steve Jacobson for electricity used by the City for pumping water from East to West Thomas Lake. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the payment. MAYOR'S MEETING MEMORANDUM Councilmember Wachter recommended that Mayor Murphy prepare regular memorandums to be distributed to the Council concerning meetings held or scheduled in which the Mayor or Council would have an interest or be involved. Mayor Murphy indicated that he would prepare such memorandums on a periodic basis. DUCKWOOD ESTATES - DUCKWOOD DRIVE STREET IMPROVEMENTS The report from Mr. Colbert regarding the cost of improve- ments to Duckwood Drive between Duckwood Estates and Denmark Court was discussed in detail by the Council. It was noted that the Council had earlier authorized the installation of gravel base and grading in order to install utilities only and the Council has given authority for the use of the street 0 QGO Page Thirteen March 6, 1979 City Council Minutes for emergency vehicles only. It was also noted that the property owners adjacent to it have not requested improvements and have objected to assessments for the street improvements. Because of the liability risks and the cost of maintenance of the gravel road, Smith moved and Parranto seconded the motion, all members voted in favor except Murphy who voted no, to authorize cutting off access for Duckwood Drive on the unimproved portion west of Duckwood Estates Addition. VOUCHERS Parranto moved and Egan seconded the motion, all members voted yea, to approve the following vouchers: 7811-7895, 11671-11748. ADJOURNMENT Egan moved and Parranto seconded, all members voted in favor, to adjourn at 1:30 a.m. PHH Dated: 2,c y~~~c~-~C-21 Cit Clerk