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10/03/1978 - City Council Regular 11INUTES OF THE REO'ULAK IEETIRhG OF THE EAGAN CITY COUNCIL EARN, UNfiESOTA OCTOBER 3, 1978 A regular meeting of the Eagan City Council was held or. October 3, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Egan, Smith and Wachter. Also present were: City Adminio trator Hedges, City Clerk Bolke, City Engineer Rosene and City Attorney Hauge. AGENDA. After the pledge of allegiance, Egan moved and Wachter seconded the motion, all members voted in favor to reschedule the public hearing on Project #235 Part 2, consisting of Lenore Lane sewer and water improvements until October 17, 1978, and to approve the agenda as distributed with the exception that the B & K Properties preliminary plat application and James Refrigeration Company conditional use permit and plan approval application were continued to the next meeting. MINUTES. Upon motion by Smith an-4 seconded by Parranto, all members voting yes, it was Resolved that the minutes of the August 23, 1978, meeting with the exception of that on Page 9, it was understood that MidAmerica Bank will not request a pylon sign at Yankee Square Shopping Center. 1978 G. 0. BOND ISSUE. Mrs. Phyllis Slattery of Miller and Schroeder in Bloomington presented a proposed resolution calling for the sale of $L.95 million in G. 0. Improvement Bonds by the City of Eagan in 1978. Smith moved and Parranto seconded the motion, all members voted in favor, to schedule the sale for November 2, 1978, at 12.a.m. and the Clerk be authorized to advertise for bids to be opened at that time for the bonds. POLICE DEPARTMENT. Chief DesLauriers was present. 1. Damaged Squad Car. Mr. DesLauriers submitted 3 quotes for the purchase of the damaged squad car and recommended the high quote of Phil's Auto Body in the sum of $856. Egan moved and WachtV,, seconded the motion, all members voted in favor, to approve the sale as recommended. Page 2 October 3, 1978 2. New Squad Car. Mr. DesLauriers submitted the bids from four dealers for two standard engine squad cars. He recommended, however, that one deisel Oldsmobile Delta 88 be purchased and n:ted that it was the only domestic manrfact.irer of a deisel engine automobile. Two quotes for the Oldsmobile came from Joe Grae'e'e o: in Apple Valley and Royal Oldsmobile in St. Paul. After discussion, Egan moved and Wachter seconded the motior.to purchase one deisel engine Delta 88 Oldsmobile from Joe Graeve°s Motors in the sum of $6,774.65. All members voted yes. Smith moved and Parranto seconded the motion to resolicit bids for one gas powered squad car for the Police Department without police package. All members voted yes. UTILITY DEPARTIJ". Wachter moved and Smith seconded the motion, all membe:03 voted yes to recommend that a four way stop be installed at Rahn Road and County Road #30 to be in effect during the zoo detour. COACHMAN OAKS PRELIMINARY PLAT AND CONCEPT APPROVAL. Mr. Ted Yoch appeared on behalf of Rosewood Corporation, the developer of the proposed Coachman Oaks apartment complex on Four Oaks Road and Coachman Road in Section 9. The APC recommended approval subject to conditions. He explained the project briefly and indicated to the Council that an informal meeting had been held the prior week with neighboring residents in the area. He stated that Rosewood Corporation is in agreement in principal with the Park Committee concerning park dedication. A number of affected neighboring residents including the President of the Timberline Association expresser concern regarding the additional ap-Ttment cot4lexes and the impact of additional apartments in the area. Mr. Yoch stated that subsidized unite will be scattered thoughout the building and further stated that there would be no real estate tax loss to the City because of the type of financing requested for the project. There was concern about the density of development on land that had been developed and future development South and adjacent to Timberline. After extended discussion, Smith moved and Wachter seconded the motion, all members voting in favor, to approve Page 3 October 3, 1978 the preliminary plat and concept approval of Coachman Oaks subject to the follewinga 1. That an agreement be signed with the City regarding park dedication East of Coachman Road before the final plat is approved or within 30 days from the present date, whichever is sooner. 2. Further subject, however, to the City staff being assured that the property would be taxed 100% for real estate tax purposes and that there is no discount because of subsidized housing. 3. That the developer will assure the City tat it will scatter the subsidizes units through out the complex acco riing to Dakota County HRA recommendations. 4. That a maximum of 21% of the units would be subsized units within the complex. 5. Further subject to all of the recommendations of the Adv::s-:ry Planning Commission. FEDERAL REVENUE SHARING HEARING. Mayor Murphy convened the public hearing concerning the distribution of Federal Revenue Sharing funds in the City. City Administrator Hedges stated that the allocation has been designated for the construction of a new police department building and estimated the receipts for 1979 of $104,081. After discussion, there being no objections, Wachter moved and Egan seconded the motion to designate the 1979 funds for the police department facility. All members voted in favor. PROJECT #241 - DODD ROAD AREA IMPROVEMENTS. The Mayor then convened the public hearing regarding Project #241 consisting of utilities and street improvements in the Saddlehorn, Lakeside Estates and Dodd Road areas. It was noted that two neighbox hood meetings had been held in the area and the City Engineer explained the project at each. He stated that Dodd Road is scheduled as a municipal state and street. A large number of affected owners were present and a letter from Tom Penkauskas from Lakeside Estates explaining the overwhelming vote in favor of the improvements in Page 4 October 3, 1978 Lakeside Estates. There were questions from the floor and there were no objcction3 from anyone present. After considerable discussion, Smith moved and Parranto seconded the motion, all members voted yes, to close the hearing and order the pio.je..r fe41 in and request the City Engineer to prepare the plans and specifications. PROJECT 4248 - PARK CLIFF ADDITION. The hearing regarding utility and street improvements for Park Cliff Addition, Project #248, Phase 1, was next convened. There were no objections to the project. Parra--to moved and Egan seconded the moti'~. to close the hearing, to order in the project and authorize the Engineer to prepare the plans and specifications. All members voted yes. PROJECT #249 - CAMERON ADDITION IMPROVEMENTS. The next hearing regarding Projec. #249 consisting of utilities and street improvements to Cameron Addition in Section 9, was next convened by the Mayor. There were no objections to the proposal. Wachter moved and Smith seconded the motion, all members voted in favor, to close the hearing, to order in the project as proposed including storm sewer and to authorize the City Engineer to prepare the plans and specifications; further Resolved that storm sewer trunk assessments will be assessed against the project. PROJECT #251 - STREET LIGHTING - HEINE ADDITION. The Mayor convened the hearin; and the City Engineer explained the street lighting proposal in Heine Addition. There were no objections. It was recommended that plan B with wood poles be installe in the project. Parranto moved to amend the resolution of June 6, 1978, to require precast concrete poles and early American lanterns on all street lighting systems in the City. Smith seconded the motion and all members voted yes. Smith then moved and Wachter seconded the motion to order in the project sonsisting of alternate number 2, plan A, to comply with the City requirements, all members voted in favor and further to order the City Engineer to prepare the plans and specifications for the project. PROJECT #253 - MICHAEL R. SILL ADDITION IMPROVEMENTS. Mayor Murphy then conva.:- Page 5 October 3, 1978 the public hearing regarding utility improvements to the Michael R. Sill Addition on Cedar Avenue and Silver Bell Road. There were several affected residents preseat and there were concerns about traffic. There were no objections to the project. Motion was made by Egan and seconded by Smith to close the hearing, to order iii tip project and to authorize the City Engineer to prepare the plans and specificatious. All members voted in favor. WILSON ROBINSON - OAKWOOD GATES PRELIMINARY PLAT. Mr. Wilson Robinson appear:--.k on behalf of his application for preliminary plat approval of Oakwood Gates and for variance for six undersized lots near the Northeast corner of Dodd Road and County Road #30. It was noted that the APC recommended approval with certain conditions. The Council members also noted that utilities had been ordered in within the general area and strongly recommended that the development include utilities prior to approval of the final plat. Mr. Robinson asked that he be permitted to proceed with the plat and he then would inform the buyer of each parcel of future potential assessments against the property for improvements. After considerable discussion, Smith moved and Egan seconded the motion to approve the prelimina..' plat of Oakwood Gates Addition and a variance for six undersized lots with the understanding, however, that the name Oakwood Gates would be change because of-nave confusion and further subject to installation of utilities in the subdivision for reasons including the fact that utilities had been ordered into the general area, the expected objections from future property owners that the City Council did not order utilities when available and the future burden upon the owners at the time of installation of utilities in the subdivided area; further subject to the applicable recommendations of the Advisory Planning Commission. Egan seconded the motion, all members voted in favor except Wachter who voted no. Smith then moved and Parramto seconded the motion to authorize a preliminary report for the install:on cf the utilities in the proposed subdivision subject to, however, a petition from the owne Page 6 October 3, 1978 All members voted in favor except Wachter who abstained because f potential excessive cost to the purchasers of the five acre parcels. LY T THEILE REZONING AND WAIVER OF PLAT. Mr. Lynn Thiele appeared on behalf of his application to rezone from Agricultural to R-l, Residential Single and waiver Srom platting regulations for residential permit on one acre parcel South of Lemay Lake. Mr. Thiele objected to the request of the City for a 30 foot easement lying Nci-therly of the William Reid property. The City Engineer recommended a 20 foot easement for future road access to the property to the East and variance for front setback because of the abrupt drop to Lemay Lake and to save trees. Mr. Reid was present and indicated that he understood the easement on the North side of property was a private easement. There were questions from the Council as to the location of the ravine and also public easement and whether the proposed access to the house would be permitted over a private easement. Smith moved and Egan seconded the motion to continue the consideration of the application for further information from the staff and to resolve the issue between the affected property owners if possible. Thca+e in favor were: Murphy, Smith and Egan. Against: Wachter and Parranto. MIN/DOT TRAFFIC STUDY ON COUNTY ROAD #28. City Engineer Rosene stated that he recommended the Council postpone the consideration of the traffic study report from Min/Dot covering Lone Oak Road for two weeks so that additional information can be acquired from the new Min/Dot Traffic Engineer. No action was taken. CHES MAR EAST REZONING AND PRELIMINARY PLAT APPROVAL AND VARIANCE. Mr. David Gabbert of Gabbert Development Company appeared on behalf of its application to rezone approximately 40 acres from PD to R-1, Residential Single District and R-2 Double, preliminary plat approval and four separate variances. Mr. Gabbert explained the proposal and the Council reviewed the recommendations of the APC for. approval of a portion of the application. A number of affected property owners in the general area appeared and indicated their opposition to the project on the basi<: Page 7 October 3, 1978 of potential water run-off and the affect on lakes in the area. The City Engineer recommended a study for storm sewer outlets to Blackhawk Lake during the wixttar of 1978 - 1979 pursuant to the APC recommendations. Councilmember Parranto moved and Counci.lmember Smith seconded the motion to authorize the Engineer to prepare study for storm sewer trunks from the area involved in the Ches Mar East plat to Thomas Lake and thence to Blackhawk Lake and to return the feasibility report to the Council for further action. All members voted in favor. Mr. Gabbert indicatc_3. the importance of permitting excavation work in a portion of the project in 1978. Wachter moved and Smith seconded the motion and all members voted in favor to rezone the First and Second Additions only from PD to R-1 and R-2. All members voted In favor. Murphy moved and Egan seconded the motion to recommend approval of the preliminary plats of the First snd,""cond Additions of Ches Mar East with no grading and development in the Second Addition until mid 1979 or until the Council has implemented plans for resolving the storm sewer problem in the gere ral area and further resolved that provision be made by dam or berm to prevent the water from draining to adjacent ponds. All members voted yes. Smith moved and Egan in seconded the motion with all members voting/favor to approve the two variances providing for 10% grade on Road E where a maximum 8% is permitted, and lot width variances for Lots 10, 11, 12, 13, 17, 1R, 19 and 20 of Block 2, of the First Addition to provide for 50 foot setback rather than thirty foot front setback. S. E. ADDITION PRELIMINARY PLAT. Mr. Rollin Crawford, attorney from W. St. Paul, and William Price appeared on behalf of S.E. Partners. The application was for preliminary plat approval of S.E. Addition in Cedar Grove Number 2 consisting of a one acre parcel at the Southeast corner of County Road #30 and Cedar Aver.u,e. Mr. Crawford explained the proposal and requested approval of the plat indicating that all requirements of the platting process have been met. A number of owners wer;:~ present and objected to certain aspects of the proposal. Counciln6m'5er Page 8 October 3, 1978 Pnrranto excused himself and did not vote on the issue. It was noted under Ordinan': Mo. 52 that overall plan approval is required for approval of the plat and a7 that the tequirement be only one major building per platted lot. Questions were r:.icad cnneerning planning of the one acre parcel inconjunction with the balance of the 11 acres and it was noted that the City has been consistent in atteirpting to acquire a plan for the entire parcel. There do not appear to be any changes is the area and the City did not condoned the breakoff of the one acre parcel. the City Attorney was requested to submit an opinion concerning the approval of the plat. Smith moved and Wachter seconded the motion, all members voted yes to contInue the application until the next regular meeting. s-"SCOTT HILLS FOURTH ADDITION - RAYhIR INC. REZONING AND REPLAT. Mr. Ray Brandt of Raymar, Inc. appeared on behalf of its application to rezone from R-B, L-B, N-B, A, Agricultural to R-2 and R-3 and a replat of approximately of 16 acres to Wescott Hf"is,Fourth Addition. The APC recommended approval sub hsct to condition- Mr. Brandt explained the proposal and discussed the maintenance of the cul-de-sac island. Councilmembers suggested that a through street be installed to Kost Road and also indicated that Kost Road would be improved during the platting of Wescott Hills Fourth Addition. Smith moved and Egan seconded the motion to approve the rezoning to R-2 and R-3. There was no motion on the application for preliminary plat approval or the variances and Councilmembers expressed an interest in acquirinc changes in the proposed plat from the applicants. K\CF?VTE TOOL AND SUPPLY COMF_ TY CONDITIONAL USE PERMIT - PYLON SIGN. Mr. Roy Otto of Machine Tool and Supply Company appeared on behalf of its application for conditional use permit for pylon sign located on Lots 4 and 5, Block 2, Eaandale Center Industrial Park Number 4. The APC recommended approval of the pylon sign ar_:' it was noted that a change of location had been made from the time of the applicat_r. City Zoning Administrator Runkle recommended approval of the revvinsd site. Wachtr:-~ Page 9 October 3, 1978 moved and Parranto seconded the motion, nil nenbors voted yes to approve the application. L?ITNER WAIVER OF PLATTING. Mr. Michael Leitner appeared on behalf of his application for waiver of platting requirements to allow building permit for storage building on unplatted property in Section 8, North of Highway #13. The APC recommended approval. It was noted that a 32 foot by 30 foot storage building would be constructed on the site and there was no opposition from the neighlJoring property owners. Egan moved and Smith seconded the motion, all members voted yen, to approve the application subject to the APC recommendations. MIR. DONUT - J.E. PARRANTO VARItIiCE APPLICATION. The application from J.E. Parranto, Inc. for ten foot variance from setback requirements for pylon sign under Ordinance No. 16 located at the Mr. Donut shop on Highway #13 was next reviewed. The APC recommended approval. Smith moved and Wachter seconded the motion to approve the application. All members voted in favor except Parranto who abstained. MICHAEL R. SILL ADDITION GRADING PERMIT AND FINAL PLAT APPROVAL. The applicatio_ of Michael R. Sill and Road Machinery and Equipment Company for grading permit for the Michael R. Sill Addition and final plat approval of the addition at Cedar Avenue and Silver Bell Road was next considered. There was n o recommendations from the staff concerning final plat and no action was taken on that application. However, the Councilmembers suggested that the Michael R. Sill Addition name be retained. because of the use of that name to date. Smith moved and Wac1:.Ser seconded the motion to approve the grading permit and to continue the consideratidn of the final plat until October 17th; all members voted yes. G.O. BOND ISSUE PAYING AGENT. City Administrator Hedges recommended that the Council designate First National Bank of Minneapolis as paying agent to handle the November 1, 1977 G. 0. Bond Is-sue. Parranto moved and &-;an seconded the motion, all members voted yea, to approve the recommendation. October 1978 WESCOTT ROAD EASEMENTS - T40LLIS oRa '?T) ?FRTY ASSF'SSI" 'NTS . The City Ad^inir ',^t• reviewed the purchase of the 20 acres of the Holliv Orr property adjacent to the police facility property and indicated that the closing had taken place on the proprty now acquired by the City. The sum of $6,548.16 in special assessments had been resumed by the City and provision for the paymer to . ever the asee= srcrts should be made. The City Administrator was asked to present alternatives for cover- the assessments. CONDITIONAL USE PERMIT RET?EWALS. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the following conditional use permits: 1. Jeanette Flogstad for Christian Child Care Center at 4300 Blackhawk Road. 2. Orvilla Homes Company at 3430 Wescott Hills Drive for retarded peoples home. 3. Alfred Wiger for Group The*apy Home at 780 Blue Genti l Road. MAJOR STREET FINANCING PLAN AND SEWER AND WATER UTILITY FUND INVESTMENT RESOLUTION. Mr. Hedges submitted two resolutions prepared inconjunction with Richard Katzenmeier, City Auditor, concerning restriction of cask and short tEC.m investments in the utility department and consolidation of funds for ,major street construction fund. Wac_iter moved and Egan seconded a motion with all members votir, yes, to approve the resolution a copy which is attached restricting the cash and short term investments in the utility department. All members voted in favor. Smith moved and Wachter seconded the motion, all members voting yea, to approve the resolution concerning the consolidation of funds for Aijor street construction fund purposes, a copy of which is attached. MA.RNEL•L FIRST ADDITION DEVELOPMENT BOND. The City Engineer recommended release of the $1,900 development bond for Marnell First A'3ition. Wachter moved and Egan seconded the motion, all members voted yes, to approve the recommendation of the City Engineer. Page 11 October 3, 1978 CARRIAGE HILLS ROAD - PROJECT 9`250. The preliminary report for Carriage Hills Road Project #250 was submitted by the City Engineer. Egan moved and Smith seconded the mction, all members voted yes, to acc,~:pt the preliminary report and schedule a public hearing for November 2, 1978, at 7 p.m. at the City Hall. CARL,SGN LAKE WATER FILTRATION WELLS. City Engineer Rosene discussed with the Council his recommendation that it authorize the installation of a filtration well to lower the lake level of Carlson Lake and also a well near Thomas Lake because of the high water levels in 1978. He indicated that Tri-State Drilling Corm any had submitted a quote as follows: $4,082 for Carlson Lake, $4,726 for Thomas Lake, and $660 for filter for each plus pipe. Mr. Rosene stated that PCA and Department of Health permits are required and that meetings are proceeding to acquire the permits. No formal action was taken. 1978 G. 0. BonD ISSUE RESOLUTION. The City Attorney submitted a request for approval for two resolutions regarding the 1978, $1.9 million G. 0. Bond Issue as follows: 1. A resolution amending the Council r.iiutes of May 2, 1978, covering improvement projects #216 and #216B, Mallard Park Second and Third Additions utility and streets and to authorize the Clerk to advertise for bids to be opened June 5, 1978, at 3 p.m. at the City Hall. 2. A resolution approving consolidating Projects #242,81st Street, in Bicentennial Addition with Project #241A for bidding purposes. THOMAS LAKE ROAD PROJECT #239A. City Attorney Hauge updated the Council concerning the progress relating to Thomas Lake Road improvements. He stated that Mr. and Mrs. James Barker commenced an action against the City of Eagan and acq uirec' an order on September 20th in the Dakota County District Court temporarily rest raini the City from proceeeSig with construction of the road and awarding the contract. Page 12 October 3, 1978 The City requested an advancement in the hearing on the temporary injunction which was held on September 26th before Judge Jerome Kluck. He issued an order dated September 28, 1978, denying the motion for temporary injznc..ion and allowing the City to proceed with the construction of the road. The Minnesota Environmental Quality Board through the Minnesota Attorney General's Office, moved to intervene on behalf of the Barkers but no action was taken on the motion for intervention. Upon motion by Smith and seconded by Parranto, all members voted in favor, it was Resolved thatthe contracts with McNamara-Vivant covering Project #23.7 consisting of the Thomas Lake Road construction improvements and the contract with Parrott Construction Company covering Project #239Aconsisting of Thomas Lake Road and Wescott Road utility improvements be and hereby are approved and authorized for execution by the appropriate officials. WESCOTT BO4.D EASEMENTS. City Attorney Hauge reported concerning the progress on the acquisition of easements along Wescott Road and stated that approximately 8 easements are required. Negotiations will continue for the acquisition of easements. VOUCHERS. Egan moved and Wachter seconded the motion, all members voted yea to approve the following vouchers: 515; 7014 - 7081; 10503 - 10589. ADJOURNMENT: Smith moved and Murphy seconded the motion, all members voted its favor to adjourn at 1 p.m. DATED: October 3, 1978. PHH X-C -7~ Ctt Clerk