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01/02/1979 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 2, 1979 A regular meeting of the Eagan City Council was held on January 2, 1979 at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmembers Parranto, Wachter, Smith and Egan. 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 agenda was reviewed. The application of Donald Rasmussen to rezone a portion of Rasmussen Addition from R-1 to R-2 was withdrawn at the request of the applicant. The application of Donald Rasmussen for preliminary plat approval of Rasmussen Addition was continued to the next meeting. In addition, Martin Colon of Federal Land Company was present requesting that he be heard concerning pylon signs at Yankee Square Shopping Center. Upon motion by Smith and seconded by Wachter, all members voting yes, it was RESOLVED that the agenda as amended be approved. Parranto then moved and Smith seconded the motion that a tape recording be made of the I-35E proceedings during the Council meeting and that the tape be held for a maximum of 30 days. Wachter then moved and Parranto seconded the motion to amend the original motion to retain the tape until a determina- tion of the I-35E corridor is made. All members voted in favor of the motion as amended. MINUTES Smith moved and Wachter seconded the motion, all members voting in favor, to approve the minutes of the December 19, 1978 meeting as corrected provided that the Yankee Square pylon sign motion required the sign to be moved in compliance with the Sign Ordinance; further, on page 7, the words "non conser- vation land" covering the Lakeside Estates and Thomas Lake East read "conservation land". POLICE DEPARTMENT Chief DesLauriers was present and requested that the City Council authorize the sale of a used police car. Smith moved and Wachter seconded the motion, all members voted in favor, it was RESOLVED that the staff be authorized to dispose of the used patrol squad car according to proper procedures as surplus property. Page 2 0 002 January 2, 1979 City Council Minutes PUBLIC WORKS COMMITTEE Chairman Wachter reported on recommending that a snow- blower that was purchased from Ray Rahn be recommended to be advertised in the legal newspaper to be sold by the City. Wachter moved and Parranto seconded the motion, all members voted in favor, to authorize the sale. Sidewalk Snowplowing. City Public Works Director Colbert reported a need for a policy to be set by the Council concern- ing plowing sidewalks. He submitted a written report dated December 27, 1978 and discussion concerned Rahn Road and Metcalf School sidewalks which are need of plowing. Smith moved and Egan seconded the motion to plow the two sidewalks and to review the sidewalk and trail snowplowing policy including Wilderness Run Road trail. D 79-1 YANKEE SQUARE SHOPPING CENTER PYLON SIGNS Martin Colon was present and requested an extension of time until weather permits to move the pylon sign to comply with the ordinance at Yankee Square Shopping Center. Wachter moved and Murphy seconded the motion, all members voted in favor, to permit the extension until May 15th. MR. M. BARFKNECHT CONDITIONAL USE PERMIT Mr. Barfknecht appeared regarding the conditional use permit request to operate a tire repair business at his home at 835 Lone Oak Road. It was noted that he had moved his operation to Inver Grove Heights but requested that the con- ditional use permit be granted for storage only and he stated that he did not operate a tire business at his home any longer. There was no objection by the Council for the use of storage only and the conditional use permit that was granted at the last meeting will cover storage only. I-35E - BLACKHAWK LAKE BRIDGE PERMIT At 7:15 p.m., Mayor Murphy reviewed with the Council members and individuals present the action to date regarding the bridge permit for I-35E over Blackhawk Lake. A large number of interested persons were present and Merritt Linzie of Mn/DOT appeared and reviewed the time frames for A-1 and A-2 construction. Also Mr. Charles Burrill of Mn/DOT was present. Mr. Linzie recommended that if A-2 was selected, that a public hearing be scheduled and stated that up to 18 extra months will be required for completion of A-2 as opposed to the A-1 alignment. Mr. Maclay Hyde, special counsel, appeared and stated that he estimated 10-18 months additional time if an appeal of the A-1 bridge permit is initiated. Mr. Linzie indicated that Mn/DOT is currently one year into the design on A-1 and was unsure whether A-2 will be the final Page 3 0 003 January 2, 1979 City Council Minutes Mn/DOT recommendation if there is no appeal. Letters from Mn/DOT and DNR were reviewed regarding the alignments and it was noted that the costs of the relocation of utilities on an interstate route will be reimbursed to the City from federal and state funds. There was discussion concerning a box cul- vert crossing of A-2 as requested by the Eagan Park Committee in the event that A-2 is selected. There was no recommendation by Mn/DOT but Mr. Linzie indicated that the issue would be studied. Members of the audience were given the opportunity to be heard with numerous people speaking in favor of an appeal of the bridge permit application decision. Mr. George Bohlig of Associated Families was present and read a statement, copies of which were submitted to the Council with the original being signed by Mr. Bohlig, Mr. Wayne Winsor and Mrs. David Johnson. Associated Families indicated that they supported the concept of the Eagan storm sewer plan including holding ponds and supported a speedy construction of A-2 and urged the Council to comply with the DNR decision. Mr. Bohlig indicated that Associated Families gave unqualified support for A-2 alignment and that they are in absolute favor of the highway and felt that the highway should go through. If the DNR approves the A-2 alignment, then Associated Families will have no objection to that alignment including the storm sewer plan. After considerable discussion, Wachter moved and Murphy seconded the motion to appeal to the Dakota County District Court the decision of DNR Commissioner Alexander according to Resolution 79-1 which was submitted to the Council. Mayor Murphy indicated that, in his opinion, he,had no conflict of interest and is voting on the appeal issue. Mr. Linzie indi- cated that if the A-2 is selected, the Federal Highway Commission will send notices to affected parties and if there are no adverse comments, then the Federal Highway Commissioners will most likely approve the A-2 alignment but if there are adverse comments, then an EIS will be required. After further discussion, Smith moved the previous question. Those in favor of the motion were Wachter and Murphy. Those against were Smith, Parranto and Egan. Smith then moved that the Eagan City Council be on record to opposing an appeal of the DNR Commissioner's decision to the Dakota County District Court according to Resolution 79-1 with the understanding that any interested party is entitled to a copy of the resolution and the comments concerning the facts regarding an appeal. Egan seconded the motion. Councilmember Smith cited as reasons for his motion was the excessive potential cost in the appeal and the fees and costs to date that have been expended by the City of Eagan, that it appears there is less than a 50% chance that the City would win an appeal and it further appeared that selecting the A-2 alignment would be the most expeditious way Page 4 January 2, 1979 0 004 City Council Minutes to complete I-35E. Councilmember Parranto explained that he did not agree with the DNR Commissioner's decision but felt that it was in the best interest of the City to proceed with A-2. Those in favor of the motion were: Parranto, Egan and Smith. Those against were: Wachter and Murphy. Parranto then moved and Smith seconded the motion covering the I-35E proceedings on January 2 be typed and that the foregoing letters from Mn/DOT, DNR and Associated Families be included with Resolution 79-1. All members voted in favor. A recess was held at 9:10 p.m. R 79-1 D 79-2 DCR COMPANY BOWLING ALLEY IDR BONDS Mr. Richard Stryker and Mr. David Grannis appeared on behalf of DCR Company relating to approval of the application to the Commissioner of Securities regarding the IDR bonds for the bowling alley in the Cedarvale Shopping Center area. It was noted that the cost of the building had increased by $100,000 from the original estimate. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the application covering $1.2 million in commercial development bonds. BOND FILE RAY OHLMANN - KOA CAMPGROUND Mr. Ohlmann appeared on behalf of his application for rezoning from Agricultural to PD, Planned Development, and plan approval for a KOA campground west of Pilot Knob Road and south of Twin View Manor. A number of neighboring residents appeared with objections to the campground. There was discus- sion concerning utilities and the need to cross approximately 1/2 mile to bring utilities to the site. The 219 site camp- ground would include visual barriers on a portion of the north line. 10% - 20% would have full utilities available and Mr. Ohlmann indicated that the campground would not permit trailers to remain permanently on the site and that the campground was expected to continue for about 15 years. There were objections to density, highway congestion and insufficient open space. The APC recommended against the application. The land use plan shows low density use and there were concerns about its use as a permanent site for trailers. Parranto moved and Smith seconded the motion, all members voting in favor, to deny the application for reasons cited by the Advisory Planning Commission in addition to those included above including the fact that the campground appeared to be designed too densely. Page 5 0 095 January 2, 1979 City Council Minutes EAGAN CENTER INDUSTRIAL PARK - EAGANDALE CORPORATE SQUARE PLAT Mr. Thomas Davis of Northwestern Mutual Life Insurance Company appeared on behalf of its application for preliminary plat approval of Eagandale Corporate Square which would provide for replatting sixteen lots into six lots. The APC recommended approval subject to the grant of an easement. There was considerable discussion concerning the need for an easement over several of the lots for access to the rear portion of the building on Lots land 5 and the need for common maintenance provisions. The City Engineer recommended against installation of a City street and stated that a pri- vate easement would appear to be advisable. Parranto moved to approve the preliminary plat application subject to the removal of the lot line between Lots 1 and 5 including appropriate renumbering of the lots and that two easements along the lot lines covering the 30 foot accesses be provided acceptable to the City staff. Egan seconded the motion, all members voted in favor. In addition, the staff was requested to research how the building permits were acquired lying over existing lot lines. D 79-3 RALPH OSTENDORF SUBDIVISION AND WAIVER The application of Mr. Ralph Ostendorf and F.W. Powers for waiver of subdivision regulations and variance from the 5 acre provision for building permit on approximately 3 acres of Agriculturally zoned property in Section 26 lying adjacent to Cliff Road and north of Holland Lake was next reviewed. Councilmember Parranto appeared for the applicant and abstained from voting on the issue. He explained the background of the parcel including the fact that the 4-1/2 acre parcel included about 2-1/2 acres of buildable land. The APC recommended denial of the waiver and variance. It was noted that the setback from the lake and the setback from the 75 foot proposed one-half right-of-way for Cliff Road might not permit sufficient land for construction of a resi- dence. After considerable discussion, Smith moved and Egan seconded the motion that both applications. be denied for reasons including those cited by the Advisory Planning Commission including the fact that there appeared to be problems with setback for septic tank purposes and a question whether the lot is buildable with 75 foot one-half right-df-way. Those voting in favor were: Smith, Egan and Murphy. Wachter abstained and Parranto did not vote. Wachter then was excused from the meeting. Page 6 ®~s January 2, 1979 City Council Minutes COMPREHENSIVE PLAN TIME SCHEDULE A time schedule concerning the completion of the compre- hensive plan for the City being prepared by Consultant John Voss was reviewed. Meetings are scheduled on the second Tuesday of each month with the Planning Commission and Council members invited to attend. There was concern regarding land use planning along the A-1 or A-2 corridor with each considered but it was understood that the comprehensive planning could only use one alternate according to Metropolitan Council guidelines. Parranto moved and Smith seconded the motion to make recommendations concerning zoning of the affected land along the A-1 corridor and also recommendations along the A-2 corridor. All members voted in favor. DEVELOPMENT BOND REDUCTION A memorandum from Clerk-Treasurer Alyce Bolke dated December 29, 1978, outlining the recommended reductions in development bonds submitted by the City Engineer were as follows: 1. Ches Mar First, Second, Third and Fourth Additions from $101,765 to $59,540. 2. Ches Mar Fifth Addition from $33,500 to $26,125. 3. Oak Pond Hills First Addition from $11,273.50 to submission of cash in the sum of $3,418.80. 4. Oak Pond Hills Second Addition release of the $14,500 bond. 5. Wilderness Park Second Addition from $146,000 to $18,000. 6. Wilderness Run Sixth Addition from $68,025 to $27,975. 7. Cedar Ridge Addition from $7,000 to $3,965. Smith moved and Egan seconded the motion, all members voted in favor to approve the development bond reductions as listed above. TWIN TRAILER ACCESS ROUTES Public Works Director Tom Colbert submitted a memorandum dated December 29, 1978 recommending location of twin trailer routes through the City of Eagan on both City and County roads. He indicated that County Engineer Bob Sandeen agreed with the routes and recommended their approval. Parranto moved and Egan seconded the motion to approve the proposal in the memo of December 29, 1978. All members voted in favor. D 79-4 Page 7 0 007 January 2, 1979 City Council Minutes LONE OAK ROAD SPEED LIMIT The Council requested that the City Administrator forward a letter to the Dakota County Board thanking them for their assistance in reducing the speed limit on Lone Oak Road from Highway #13 to Pilot Knob Road. A 30 m.p.h. limit will be in effect from January 1, 1979 to December 31, 1979 on an experimental basis pursuant to a resolution from Mn/DOT dated December 5, 1978. D 79-4B HEINE LAKE STORM SEWER PROJECT AREA Correspondence from members of the Heine Lake Committee was read requesting that an independent engineer be hired at the City's expense to prepare alternate plans concerning the storm drainage near Heine Lake. Councilmembers indicated that they would not agree to hire another engineer at the City's expense but would accept recommendations from interested persons. There was discussion concerning the committee structure to review the Heine Lake storm sewer issue. Public Works Director Colbert was designated chairman and the committee was requested to outline its objectives and prepare various alternates supported by facts for storm drainage in the area. ROSEWOOD CORPORATION IDR BONDS City Attorney Hauge submitted a Memorandum of Agreement regarding the industrial revenue bonding for the Rosewood Corporation apartment complex project at Coachman Road and Four Oaks Road. Smith moved and Murphy seconded the motion to approve the resolution. All members voted in favor except Egan who voted no. BOND FILE CHANGE ORDERS TO IMPROVEMENTS PROJECTS 1. Change Order #1 - Project #232A - $34,926 for Beacon Hills Addition. It was noted that the final plat and PUD were not complete and no action was taken. 2. Change Order #1 - Project #224A - Frederickson Excavating Company - Ches Mar First Addition in the sum of $6,550. Parranto moved and Egan seconded the motion, all members voted in favor to approve the change order. 3. Change Order #1 - Project 221A - Duckwood Estates - $3,700. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the change order. 0 ©08 Page 8 January 2, 1979 City Council Minutes 4. Change Order #1 - Project #227A - Cedar Avenue haul road in the sum of $4,692. Egan moved and Parranto seconded the motion, all members voted in favor to approve the change order. 5. Change Order #2 - Project #227A in the sum of $7,192.60 for sewer and water to the Police facility. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the change order. 6. Change Order #3 - Project #227A storm sewer to east end of Fish Lake - $4,722.98. Smith moved and Egan seconded the motion, all members voted in favor, to approve the change order. MEADOWLANDS - EAGAN HILLS WEST ASSESSMENTS A request from Dunn and Curry Real Estate Management, Inc., to increase the term of assessments for Meadowlands Addition in Eagan Hills West PUD from 5 to 10 years was next considered. Smith moved and Parranto seconded the motion, all members voted yes, to approve on the basis that the normal term is 10 years. D 79-5 EAGAN HILLS WEST PUD - FINAL PLAT - MEADOWLANDS ADDITION A request from Dunn & Curry Real Estate Management, Inc., to extend the time for approval of the Eagan Hills West Planned Unit Development Agreement 120 days including the final plat for Meadowlands Addition was next reviewed by the Council. It was noted that the PUD agreement had not been completed nor had final plat been submitted for approval. Smith moved and Murphy seconded the motion, all members voted yes, to extend the time for 60 days from January 2, 1979, with the understanding that all necessary requirements will be fulfilled within that period of time. EAGAN LIONS CLUB AUCTION City Administrator Hedges stated that the Eagan Lions Club proposed to hold an all Eagan area auction in one of the Eagan municipal buildings, possibly in the old City Hall or the Hollis Orr barn behind the Police facility in the spring of 1979. After discussion, Council members indicated that they had no objections and no action was taken. MWCC DISTRICT FIVE City Engineer Rosene indicated that the MWCC is proposing that Savage be included in District Five of the Metropolitan Sewer District. 0 009 Page 9 January 2, 1979 City Council Minutes VOUCHERS Egan moved and Parranto seconded the motion, all members voted in favor, to approve the following vouchers: 7473 - 7537; 11251 - 11318. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:15 p.m. PHH DATED: January 2, 1979 city Clerk