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08/17/1976 - City Council Regular . • MINUTES OF A REGUTAR MEETING OF THE EAGAN CITY COUNCIL EACAN, MINNESOTA Ilf August 17, 1976 A regular meeting of the Eagan_ City Council was held on August 17, 1976 at 6:30 P.M. at the City Ball. All members were present. Also present were Rosenn, Hedges, Bolke and Hauge. MINUTES. Efter the Pledge of Allegiance, upon motion by Wachter, seconded Rahn, all members voting yes, it was RECOLVED that the minutes of the previ us neeting of August 3rd be approved subject however to a change on page 4 relating to Eagles Nest Homes to provide as follows: "A large number of neighboring resi- dential owners were pre cent some of whom objected to the application and others of whom spoke in favor of the application". Further that the minutes of July 6, 1976 be amended to provide that upon motion duly nade and seconded, it was RESOLVED that a public hearing concerning the vacation of a portion of East Balsam Tr e.il pursuant to the application of Arnold Carlson be and it hereby is scheduled August 3, 1976 at 7 P.M. PUBLIC SAFETY. Chief DesLauriers was present. 1. Public Safety Facility. The Council reviewed the recent plans for the public facility building and upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the architect proceed with plans for a flat roof for the proposed building. 2. 4010 Mica Trail. Complaints concerning the upkeep of the premises at 4010 Mica Trail have been received and after review it was recommended to proceed under the nuisance provision of the state statutes, M.S.A. 609.74. PUBLIC WORKS DEPARTMENT. Bob Shockley appeared. 1. Rosemount - Eagan Boundary Line Road Maintenance Agreement. A Boundary Line Road Maintenance Agreement prepared by the City of Rosemount was submitted by the City Administrator. Upon motion by Rahn, seconded Rydrych, all members voting yes, it was RESOLVED that the agreement be approved subject to proper provisions. 8-17-76 PARK C0U1IT"T22. III 1. Estimates received by Barbara Schmidt covering the proposal for spraying park land in 1976 were reviewed. Upon motion by Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the low bid of Comstock Spraying Service for $900 be and it hereby Is approved. 2. More was discussion from the Council concerning the establishment of a tree nurce:l_., on city owned property f^r the benefit of private property owners in the city. Further study will take place. 3. Tree Burning. The Council discussed the proposal for an exemption to provide for or-site burning of diseased trees. Further study will be made of that issue. ASSESSNjT HEARINGS. The following public hearings concerning assessments were convened by the Mayor with action taken as follows: 1. Hi-Site Terrace, Lot 1, Block 1 - Rahn D lla Apartments. This was an omitted assessment. Upon motion by Wachter, seconded Rahn, it was RESOLVED that the - merit roll be approved. A representative of Lane Nelson Associates, the present owner, appeared and requested additional time to review the assessment roll. The motion was withdrawn for further consideration at the next meeting. 2. Vogi's - Lot 3, Block 2, Cedar Industrial Park. A letter from Holly Inns, the present contract for deed buyer waiving notice of hearing and requesting that the assessment be spread over a 10 year period was read to the Council. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the assess- ment roll be approved and certified to the county and be spread over a 10 year period. 3. Minnesota Baptist Conference. Part of the SW" of the SW1 of Section 20 on Rahn Road. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the assessment roll be approved and ordered certified to III the Council. 4. Steven Grover - part of the SE' of Section 3. Upon motion by Polzin, -2- 17-76 5- • seconded Smith, iZ. was RESOLVED to approve the roll and certify the roll to the y Caunt A:sdztor. All members voted yes. ASSESSP 1T RE i 77 - WATER AREA IMPROVEMENT PROJECT #179. The Clerk indicated that five additional owners according to the list attached to the minutes submitted letters requesting that their property as designated in the letters be excluded from water area assessment Project #179 for 1976. Upon motion. by Rahn, seconded Wachter, all nembers voting in favor, it was RESOLVED that the requests be granted and excluded from Project #179 at the present time. AIRLINER MOTEL. Mr. and Mrs. Ralph LaMoria appeared and objected to the approximately 7 year old assessment omitted for water area purposes against the Airliner Motel property and Highway #55. It was noted that there was also a credit due to the Airliner Motel property and further review will be made concerning this matter. ORDINANCE NO. 52 - ESTATE ZONING AMENDMENT. The City Atty. submitted a '~ IIIof the Estate Zoning Amendment to Ord. #52 providing for a minimum of 20,000 s , foot single family residential lots. The Council reviewed the proposal and there was discussion concerning possible future requests to subdivide the larger lots. Upon motion by Wachter, seconded Rydrych, it was RESOLVED to approve the amendment and order that it be published. All members voted yes. CEDAR GROVE TREATMENT SITE PROPERTY SALE. The Council then reviewed the proposed sale of 2.2 acres of the Cedar Grove Utilities Plant site on Cedar Avenue to the Minnesota Highway Department for the new Highway #36. The offer was $14,000 and the Highway Department indicated that it would not pay for pending water area assessments. Upon motion by Rydrych, seconded Smith, it was RESOLVED that the Council be on record accepting the Minnesota Highway Department offer of $14,000 and that it not pursue payment of the water area assessments. All members III voted yes. MINNESOTA ZOOLOGICAL GARDEN ABATEMENT. The abatement request of the County Assessor that the Pion. Zoological Garden property on Dodd Road be abated was reviewed with no action taken. -3- 8-17-76 WILDERNESS RUN PENNIN SULA DEDICATION. Rian Teller appeared on behalf of the IIIWilderness Run Homeowners Aosociation group explaining that the deeds from the developer of Wilderness Run Additions covering the Wilderness Run penninsula on Thomas Lake had not been delivered to their attorney and requested assistance of the Council in completing the dedication. Hr. Arnold Carlson was present and indicated that they have now been delivered. No action was taken. PUBLIC WORKS FACILITY. The Engineer gave a report on the negotiations with Shaw, Lundquist Associates, Inc. concerning the completion of the public works facility on Yankee Doodle Road. An agreement had been entered into with the bonding company that the additional work will be completed by the bonding company's contractor and the report was accepted by the City Council. PROJECT #168-A - SECTION 8 APPRAISAL. A review of an appraisal by Thomas Matzen covering a proposed ponding site on the DesLauriers property South of the IIIrailroad right-of-way in Section 8 was reviewed. In light of comparables in area, Council members indicated that the appraisal appeared to be excessive. Upon motion by Rydrych, seconded Wachter, all members voting yea, it was RESOLVED that the Council engage a second appraiser for the city. PROJECT #168-A STORM SEWER PROJECT. The Engineer submitted a list of bids and recommended the low bid of Parrott Construction Co. of $89,916.84. Upon motion by Wachter, seconded Rydrych, all members voting yea, it was RESOLVED that the low bid be and it hereby is approved and awarded. DEEP WELL NO. 4 - IMPROVEMENTS. Upon motion by Poizin, seconded Smith, all members voting in favor, it was RESOLVED that the engineerts recommendation of Deep Well No. 4 be accepted and final payment be approved. KARL HEINE. No report was submitted concerning the extension of utilities to the Karl Heine property South of County Road #30 but it was noted that easements IIIfrom Mr. Heine and the owners of the property for County Road #30 and entrance road are required. -4- 8-17-76 • 1976 ELECTION JUDGES. A list of election judges was submitted by the Clerk and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the list of election judges for 1976 be approved as distributed. ASSESSMENT POLICIES ON CITY OWNED PROPERTY. The Administrator,Tom Hedges, submitted a list of property owned by the City and special assessments that had been levied against the property both prior to and subsequent to their acquisition. SIGN' PERMIT RENEWALS. A list of sign permit renewal location requests including Don Chapdelaine on Highway #13, Recie's Sample Shop on Highway #13, Mr. and Mrs. Jerry Thomas on 1810 County Road #30 and Jeanette Flogstad for 4300 Blackhawk Road and Yount Calvary Lutheran Church were reviewed. Upon motion by Rahn, seconded Wachter, it was RESOLVED that the foregoing temporary sign permit requests be approved for a one year period with the understanding that the Recie's Sample Shop sign be repaired according to the Building Inspector's recommendation. All voted III in favor except Rydrych, who voted no. RICHARD Le/JAY - JURDY ROAD. Mr. LeMay appeared and requested that repairs be accomplished on part of Jurdy Road East adjacent to County Road #31 due to the settling of the road. He indicated no action had been taken on his earlier complaints and further requested that a review by the Weed Inspector be made relative to weeds on the undeveloped property surrounding his residence. DAKOTA COUNTY SERVICE CENTER. Ed Dunn and John Hankenson appeared on behalf of Blackhawk Park, Inc., the owner of a 40 acre parcel at the Northwest corner of County Road #31 and County Road #30 regarding the proposed location of a new Dakota County Service Center in the City of Eagan. It was noted there were four (4) proposed locations including 3 in the vicinity of Cedar Avenue and the site mentioned above. It was further noted that the above mentioned site had been designated as Limited Business in the land use plan and that an earlier proposal illfor high density housing was denied by the City of Eagan. John Klein was also present and indicated his opposition to the E-2 site mentioned above at County -6- 8-17-76 Road #30 and #31 and explained the advantages of the three proposed sites near Cliff Road. Mr. ?Dunn requested further study by the city through the Planning Commission but indicated that he did not want to delay the decision by Dakota County as to the proposed site. After considerable discussion, upon motion by Rydrych, seconded Smith, it was RESOLVED to refer the site study of E-2 at County Road #30 and #31 to the APC to make a recommendation whether that site is suitable for the proposed Dakota County Service Center and further that the APC review ancillary uses of the property in that area. All members voted in favor except Wachter who voted no. Smith then moved to rescind the Council motion of May 5, 1976 indicatin4 that the Council favored a site in the Cedar Avenue - Cliff Road area. Wachter seconded the motion. All members voted yes except Rydrych who voted no. Mr. Smith indicated the reason for his motion was because of the limited discussion at the May 5th meeting by the Council and limited information available at that time. WOODGATE HOME OWNERS ASSOCIATION. Mr. Don Baker of the Woodgate Home O Association appeared concerning the request of the city for a ponding easement in Woodgate 2nd Addition. He expressed concern about the high water level encroaching on some private property and common property. He stated that the Home Owners Association would grant the ponding easement provided the following is complied with: 1. That the level of the water in the pond be held no higher than the present level. 2. That the city at its cost remove the trees now under water. The City Eng. and Administrator were requested to review and report back to the Council at the next meeting. Mr. Baker further stated that water pressure problems in the Woodgate area have arisen and he was told that an additional trunk line will resolve the problem when additional development occurs in the general vicinity. POLICE FACILITY TEST BORINGS. James Horne, Architect, appeared and requested authorization to acquire test borings for the police facility site at an estimated -6- 8-17-76 e cost of $600 to $800. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED to approve test borings of not to exceed $800. SUNFISH LAKE DEVELOPMENT. A letter from the Sunfish Lake City Council indicating that the city will discourage industrial and commercial development in Sunfish Lake and refer any requests to the neighboring communities. The letter was acknowledged by the City Council and no action was taken. GOPHER SMELTING COMPANY & EAGAN REALTY ASSESSMENTS. The City Clerk reviewed with the Council and Atty. a letter from the attorney for Gopher-Smelting and Eagan Realty regarding a request for exclusion of water area assessments on Gopher Smelting and Eagan Realty property on Highway #49 for the reason that development has not taken place on most of the proposed planned development area. It was noted that Gopher-Smelting plant and certain property on the East side of #49 include existing buildings and an industrial plat, which has been approved and therefore Ill appropriately should be assessed for water area purposes. Upon motion by Ryd , ', seconded Wachter, all members voting in favor, it was RESOLVED that the area mentioned above including Gopher-Smelting plant site, the industrial development plat and existing industrial buildings on the East side of #49 be included in the 1976 water area assessment project but that all other land within the Gopher-Eagan PD be excluded for reasons including those mentioned above. SANDBERG - AYNKEE DOODLE ROAD. A letter from Mr. Sandberg, the owner of property on the South side of Yankee Doodle Road across from the 7-Eleven Store requested payment from the City of Eagan for a ponding easement due to alleged excessive storm drainage into his pend. The Council indicated it had no storm sewer project in the area at the present time and no provision for payment for such ponding easements. POLLING PLACE CHANGES. The Clerk recommended that a notice be distributed to residents whose polling places have changed due to the precinct boundary changes -7- 8-17-76 and who were not noticed of such changes by Dakota County. 111 TRINITY LONE OAK LUTHERAN CHURCH SOFTBALL TEAM. A request from the Trinity Lone Oak Softball Team for a temporary beer license for August 22, 1976 at the Univac Bailfield was upon motion by Polzin, seconded Smith, all members voting in favor,except Wachter who voted no, it was approved. AIRPORT SOUND ABATEMENT COMMITTEE. A request through the City Administrator for a meeting of the Council with a committee regarding sound abatement in the metropolitan airport area was scheduled for September 16, 1976 at the City Hall at 7:30 P.M. CITY LOGO. Upon recommendation of the City Administrator and at the request of the Council, the Administrator was asked to explore alternatives for the creation of a logo for the City of Eagan. OFFICE EQUIPMENT. Upon motion by Wachter, seconded Polzin, all members voting III in favor, it was RESOLVED that the following equipment be purchased from the p< .,,ral funds for the City Administrator: Norelco Dictating machine - $750 and a Marchart calculator - $312.00. Upon further motion of Polzin, seconded Wachter, all members voting yea, it was RESOLVED that an IBM typewriter at a cost of $648 be acquired for the Assessment Clerk with 25% to be paid from general funds and 75% from sewer and water funds. NORTHVIEW SCHOOL APPRAISER. Upon motion by Wachter, seconded Smith, it was RESOLVED that a second appraisal of the proposed Northview School Park site be acquired for the city. BILLS. Upon motion by Wachter, seconded Rahn, it was RESOLVED that the bills according to the following schedule be ordered paid: #4754 through #4951; #179 through #185; #3042 through #3167. Upon motion , the meeting adjourned at 11:30 P.M. DATED: 4/- /7- Llitt F f &_