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09/07/1976 - City Council Regular MINUTES OF A REGULAR /METING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA September 7, 1976 IIIA regular meeting of the Eagan City Council was held on September 7, 1976 at the City Hall at 6:30 P.M. All members were present. Also present were Bolke, Hedges, Rosene and Hauge. BOARD OF APPEALS. The five regular Council members were present constituting; the Board of Appeals to consider the application of Stephen Dedrickson Tor variance from the 5 acre provision for construction of a home on agricultural lsnu on Lone ak Road. 1 . as noted that sale of about 11/4 acres of the somewhat over 5 acre parcel tool.= ,,..x^e about 1969 to reduce the balance of 4.075 acres. Mr. Dedrickson and his rea . Jr 11^-:e pre ent. The APC minutes were revie' d, urine motion by R-e-n, seconded Smith, It was recommended to the Council that the vrria:` ',. U. c-ear'- J subject to the mlel.standing that no further building permits wou:r ' ~ .,1:r .1 e-� the parcel. Those in favor were Smith, Rahn, and Polzin, Wachter abst_ainec ^ x IIIwydrych voted no. MINUTES. rpon motion by Wachter, seconded Rahn, all rerbe:*s o:.iag yes, it was RESOLV!P time the minutes of the August 17, 1976 m^i3t: ::g be a-. t w.-I F3 ,istribvted '.' LT'Ar irr'T. Martin DesLauriers were present. Mr. DesLs vt i^rs request approval frog: the City Cornell to authorize preparation and specificaticr3 ale. co advertise for Lido for two squad cars for the Police Department. Upon motion by Wacht-,r, .cc itd«:d Rahn, all members voting yes, it was RESOLVED that the P.n. be authorizcd ro prepare specifications and that the Clerk be authorizeC to alvertiee for Lida to be opened on September 29, 1976 at 3 P.M. at the ry 1 ..11. PROJECT #134 - YANKEE DOODLE ROAD. The Mayor convened the public b =?s',.-* concerning Imp. Project #164 concerning the relocation of Yankee Eo•,c ;° r,,.a,'. at Trunk Highway #49. 11: Engineer explained the project. There were: n:: r1??:" = .(,as. Upon mot.'1. ?:y Wach=:cr, seconded Smith, all members voting in favor, it -razz 9-7-76 RESOLVED that the project be ordered in with the understanding that Dakota County will award the contract and that the City's portion will be billed to the city by IIIthe county. LOT 1, BLOCK 1, HIGH-SITE TERRACE ASSESSMENT FEARING. The next Assessment Hearing reconvened concerned Lot 1, Block 1, High-Site Terrace on Rahn Road. The matter had been continued from the last regular meeting at the request of the owner No persons objected to the hearing. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the assessment be approved and ordered certified to the County Auditor. PROJECT #144-A - WILDERNESS RUN STREET IMRPOVEMENTS. The City Attorney briefly reviewed the proposed assessments against the above property and there were several affected owners present who requested clarification as to whether the developer will be paying for the road improvements. It was stated that there were letter of credit submitted by the developer to the city according to th IIIestimates submitted by the City Engineer and further in some cases there are escrow agreements with banks in the event that mortgages were placed against the property. Wachter moved and Smith seconded a motion that the assessment roll be adopted and certified to the County Auditor with the understanding that the .ieve1.-,pers will be responsible for payment of all assessments on Wilderness Run Road and that the homeowners will not be responsible for payment where the letters of credit have been posted. All voted in favor. PROJECT #160-A - BICENTENNIAL ADDITION & BARTON-MCGRAY ASSESSMENTS. After discussion, upon motion by Rahn, seconded Polzin, it was RESOLVED that the rssessment roll covering Project #160-A relative to Bicentennial Addition and Barton McGray Addition, sewer, water and storm sewer improvements be and it hereby is adopted and that it be certified to the County Auditor. All members voted in favor. PROJECT #162 - RIDGEVIEW ACRES STREET IMPROVEMENTS. Upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED that the assessment roll -2- 9-7-76 covering Project #162 be and it hereby is adopted and ordered certified to the County Auditor. PROJECT #169 - LOST SPUR WATER MAIN. Upon motion by Wachter, seconded Smith, it was RESOLVED that the assessment roll relative to the Lost Spur water main be and it hereby is approved and ordered certified to the Auditor. All members voted in favor. PROJECT #173 - CHES MAR ADDITION. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the roll for Ches Mar Addition improvements be and it hereby is adopted and ordered certified. PROJECT #161 - OAK RIDGE ACRES. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the roll be adopted and that the roll be certified to the County of Dakota. TAX FORFEITED PROPERTY ASSESSMENTS - LOTS 1 - 10, BLOCK 2, TIMBERLINE ADDITION Mr. Sheridan Buckley, Mr. Kubes and Mr. Svenn Borgerson appeared as owners or IIIrepresentatives of property objecting to assessments on certain lots. There was a discussion concerning the revision of the law regarding assessments of tax forfeited property which became effective April 13, 1976. Smith moved to approve the roll with the exception of those lots where agreements are specifically set up with property owners. Smith then withdrew the motion. Smith moved and Wachter seconded the motion to continue the hearing until the next regular meeting. All members voted in favor. STEP1EN DEDRICKSON VARIANCE. The application of Stephen Dedrickson and Charles Anderson for variance from the 5 acre provision for a building permit on Agriculturally zoned land on Lone Oak Road was reviewed by the Council including the minutes of the APC recommending denial and the Board of Adjustments recommended approval. Upon motion by Smith, seconded Rahn, it was RESOLVED that the application be approved subject to the conditions proposed by the Board of Adjustments. Smith, Rahn, and Poizin voted yes, Wachter abstained and Rydrych voted no. -3- • 9-7-76 ZOOLOGICAL GARDEN PROPERTY ABATEMENT. The request from the Dakota County III Assessor for abatement of the Minnesota Zoological property formerly owned by Nickerson on Dodd Road was upon motion by Rahn, seconded Smith, all members voted in favor, approved. KARL HEINE PROPERTY - PUBLIC HEARING. A request of Mr. Karl Heine for sewer and water extensions to his property was next discussed. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the verbal preliminary report of the City Engineer be accepted and approved and that a public hearing be scheduled and advertised to be held on October 5, 1976 at 7 P.M. at the City Hall. WOODGATE SECOND ADDITION STORM SEWER POND. The Engineer reported verbally concerning the ponding area in Woodgate 2nd Addition. A representative of the Homeowner's Association was present. A further report will be made at the next meeting. IIIPROJECT #179 - WATER AREA ASSESSMENTS. The City Administrator indicated that 5 additional letters have been received from property owners objecting to the assessments and requesting that the water area assessments for 1976 be eliminated from their property. They include Howard Carlson, Robert Janacek, Sonja Tollefson, Robert Wiliwerscheid, and MEPC American Properties, Inc. Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED to grant the request but that no further requests will be accepted for exclusion from the assessment roll. LEXINGTON AVENUE - CHROMY CONSTRUCTION CO. The City Administrator reported on a meeting held with a representative of Great American Insurance Co., Robert Rosene, Tom Hedges and Paul Hauge all of which generally ooncluded that the responsibility for the repair work in Lexington Avenue was that of the contractor and the bonding company. An offer of 69Z of the estimated cost of the improvements IIhad been made by Great American Insurance Co. but the Council indicated that it appeared that the fault lies with the contractor. Upon motion by Rydrych, -4- • 9-7-76 seconded Wachter, all members voting in favor, it was RESOLVED that the City Atty. be authorized to proceed with suit to recover the total estimated cost of construc- tion presently estimated at $7,978.50 by Alexander Construction Co. PATRICK EAGAN PARK BUILDING. The City Administrator submitted three quotes from contractors covering the reroofing of the Kehne home in Patrick Eagan Park on Deerwood Drive. The low bid was from Walker Roofing, Inc. at $4,725 and upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the low bid be accepted and that the contract be awarded. RAHN ROAD IMPROVEMENT PROJECT #180. The Engineer submitted plans covering the proposed improvements for Rahn Road North of Cliff Road covering Project #180 and there was a question as to whether sidewalks should be included on the West side of the road. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the sidewalk be included in the plan from Shale Lane to the entrance of the park on the West side of Rahn Road which improvements should be IIIpaid from State Aid funds. Upon motion by Wachter, seconded Smith, all members voting yea, it was RESOLVED that the plans and specifications be accepted as prepared by the Engineer and that the Clerk be authorized to advertise for bids to be received on October 5, 1976 at 3 P.M. at the City Hall. The City Engineer was requested to check the possibility of adding a street light at Cliff and Rahn Roads. JOHNNY CAKE RIDGE ROAD PROJECT #142. The City Clerk submitted the bids covering street improvements to Johnny Cake Ridge Road and it was noted that the Minnesota Highway Department has now approved the plans. The low bid was from Enebak Construction Co. of Faribault, Minnesota for $635,967.51. The total estimated cost to Eagan for the Project is $284,058.17 including the proposed traffic signal, exclusive of engineering, administrative and miscellaneous costs. It was noted that the Dakota County Board has submitted a resolution approving the easements, an easement has been acquired from Michael Mickelson as expected -5- 9-7-76 the consent to easements will be submitted shortly. Upon motion by Rahn, seconded IIISmith, all members voting yes, it was RESOLVED that the Council be on record authorizing the award of the contract to the low bidder Enebak Construction Co. pursuant to the recommendations of the City Engineer but that no construction can be started until all consents to the easements are acquired by the City. SOUTHLAND CORPORATION - 7-ELEVEN STORE GAS PUMP PERMIT. Mr. Stan Biggen of Biggen Pump Company appeared on behalf of its application and that of Southland Corporation for a conditional use permit under Ordinance No. 52 for two gasoline service pumps at the 7-Eleven Store at 1665 Yankee Doodle Road. The APC recommender against the approval. Mr. Gang', a neighboring owner, appeared and objected because of excessive noise, traffic, and lights that could result. After consider- able discussion upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the application be denied for the reasons expressed above and by the APC including the expected increase in traffic safety problems, the need for a full service type station in the general area, the existing zoning for two full service station at the two corners of Yankee Doodle Road and Pilot Knob Road, and the objections from numerous neighboring property owners. KENNETH APPELBAUM LANCHOVEN ADDITION REZONING. Kenneth Appelbaum appeared on behalf of Marell, Inc. under Ordinance No. 52 to rezone Lots 7 and 8, Langhoven Addition from R-1--Residential Single to R-2--Residential Double. The APC recommended approval and no one present objected to the application. It was noted that an excessive number of variances may be necessary for four lots and Mr. Appelbaum indicated that it's possible that he would reduce the number of the proposed lots to 2 or 3 lots. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the application for rezoning be approved with the understanding that the developer will be required to return to the Council for approval of the new layout and that all ordinance requirements be fulfilled. RECESS. The Council then recessed for 10 minutes until 9:20 P.M. -6- 9-7-76 MINNESOTA AUTO PARTS REZONING APPLICATION. The application of Minnesota IIIAuto Parts to rezone from A-Agricultural to I-2--General Industrial District 15.2 acres in part of the South ki of Section 8 lying Northwest of Sibley Terminal Industrial Park and a conditional use permit to operate an auto junk yard with open storage was next considered. The APC recommended denial of the application to rezone. Mr. Robert Pace, realtor and Gary Stein, owner of Minnesota Auto Parts appeared and discussed the proposed salvage operation. They indicated the trees would remain intact generally on the parcel. It was noted that an application under Ordinance No. 1 for Junk Yard may also be required. It was further noted that the property is Agriculturally zoned and that Design Tech is the contract buyer from Bud Johnson, Inc. Mr. Stein indicated that the present operation has 10 to 15 cars per week maximum with 150 to 200 cars on hand on the average at its Minneapolis location. There was concern about pollution problems resulting from runoff, possible health problems, incompatibility with adjoining areas and the fact that the adjoining areas were zoned I-1; further that the 1-2 zoning would be on a 15 acre parcel which appears to be too small to be compatible with the adjoining parcels. A representative from H.B. Fuller Company appeared and objected to the application because of the potential unsightliness and H.B. Fuller's higher elevation adjoining the property. There was concern about the inability to screen the operation completely. Upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that the application for rezoning be denied for the reasons mentioned above and by the APC including the objections from neighboring property owners; further that the property appears to be too small for I-2 zoning and the potential adverse impact on the adjoining property. STEIN, INC. - CARL TOLLEFSON REZONING IN CEDAR GROVE NO. 11. The application of Stein, Inc. and Carl Tollefson under Ordinance #52 to rezone from R-1 Residential IIISingle to R-2 Residential Double of Lots 1 and 2, Block 1, Cedar Grove No. 11 -7- 9-7-76 in Section 20, Southwest corner of Silver Bell Road and Blackhawk Road. The III applicants were not present. The APC recommended denial for reasons including compounding the problem of R-2 zoning in the general R-1 area and additional traffic on Silver Bell Road from the duplexes. Members of the Council indicated, however, that it appeared appropriate because of access directly to Silver Bell Road and the duplex and fourplex adjoining the property already existing. Upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the application be approved with the understanding that there be no further upgrading of zoning to other categories of adjoining property in Cedar Grove No. 11 and compliance with all ordinances. MISSION HILLS PUD. Charles Slocum appeared on behalf of Unisource Corporation for annual review of the Mission Hills North and Mission Hills South Planned Developments. He briefly reviewed the reasons for lack of development in the Planned Development areas and upon motion by Polzin, seconded Smith, all members IIIvoting in favor, it was RESOLVED that the planned development be extended for an additional year subject however to the recommendation of the APC that the Planned Development Agreement be executed within 6 months from the due date of annual review or December 31, 1976. DENNIS McCARTHY AND GERALD REHBEIN GRAVEL PIT APPLICATION. The application of Dennis McCarthy and Gerald Rehbein for gravel pit permit at the Northwest corner of Deerwood Drive and Pilot Knob Road was withdrawn at the request of the applicants. DAKOTA COUNTY GOVERNMENT CENTER PROPOSED SITES. The Council reviewed the motion of the APC asking for clarification of review of proposed sites for the proposed Dakota County Service Center. Ed Dunn and certain other of his associates, John Klein and Chuck Slocum appeared regarding the site selection. It was noted that the Dakota County Highway Department proposed that County Road #30 at County Road #31 be relocated about 80 feet North which could affect the E-2 site. -8- . 9-7-76 After considerable discussion, the Council decided to take no action and noted that the Dakota County Board has now requested appraisals of the four proposed sites in the City of Eagan. WOODGATE THIRD ADDITION ASSESSMENTS - PROJECT #156-A. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that assessment hearing concerning Project #156-A relating to Woodgate Third, Pilot Knob Heights Fourth, Bicentennial and Barton - McGray Additions be continued under the next regular meeting at 7 P.M. ENERGY COMMITTEE RECOMMENDATIONS. The four recommendations of the Energy Committee were reviewed by the Council and the Administrator reported generally concerning the two proposed resolutions regarding this issue. Other alternatives such as an informal meeting with the Public Service Commission, proposed legis- lation and an attempt to pursuade the private energy utility companies to negotiate to revise their allocation procedures were discussed. Upon motion by Wachter, IIIseconded Rydrych, all members voting in favor, it was RESOLVED that the Council adopt a resolution requesting a formal hearing by petition to the Minnesota Public Service Commission requesting that the PSC take jurisdiction of the issue of reallo- cation and that Northern Natural Gas be required to allocate additional natural gas to the City of Eagan. All members voted in favor; further that neighboring municipalities under franchise with Northern Natural Gas also be invited to join in the petition. There was additional discussion concerning the recommendation of the committee concerning the feasibility of legal action against Northern Natural Gas for failure to supply adequate natural gas and further the possibility of canceling the franchise. No action was taken concerning these recommendations of the Energy Committee. I35E RESOLUTION. A recommended resolution from the City of South St. Paul IIIregarding the proposed freeway construction in the Dakota County area recommended -9- 4 4 9-7-76 by the City of St. Paul was reviewed. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the City Administrator be authorized to prepare a resolution on behalf of the City Council objecting to St. Paul's most recent recommendations including #494 and I35E and present it at the next City Council meeting. CEDAR AVENUE HIGHWAY PLANS. Upon motion by Wachter, seconded Polzin, all members voting yes, it was RESOLVED that the first stage construction plans for Cedar Avenue presented by the Minn. Highway Department be forwarded to the City Engineer for review and report at the next regular meeting. HIGHWAY #55 - STORM SEWER PROJECT NO. 182. The City Engineer indicated that comments have been received from the Minnesota Highway Department as requested regarding Project #182 consisting of storm sewer in the Highway #55 area. The Council determined that no further action would be taken on the project. PROJECT NO. 168 - DESLAURIERS STORM SEWER PARCEL. The City Atty. indicated IIIthat a second appraisal has now been received covering the DesLauriers property near Sibley Terminal Industrial Park. The property is intended to be acquired for storm sewer siltation pond purposes. Upon motion by Smith, seconded Rahn, it was RESOLVED that the City Atty. continue with the negotiations with the owner based upon the two appraisals that have been received. All members voted yes. COMSTOCK SPRAYING SERVICE CONTRACT. A contract was submitted by the City Atty. between the City of Eagan and Comstock Spraying Service for 1976-77 spraying the city parks. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the contract be approved and ordered signed with the understanding that verification be made as to the effect of the spraying during 1976. 1975 PARK IMPROVEMENT PROJECT. At the recommendation of the Park Committee, a letter was submitted for transmittal to B-Tu-Mix of Inver Grove Heights, the -10- 1 9-7-76 contractor on the 1975 Eagan Park Construction Project, requesting that one III additional year warranty period on the Oak Chase tennis court be granted commencing one year from the date of final inspection because of the sinkage problem on the tennis court. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the recommendation of the Park Committee be approved and the letter be forwarded to B-Tu-Mix. CARLSON LAKE TRAIL. The City Atty. indicated that an error had been dis- covered in the description on trail easements on the South side of Carlson Lake and presented Quit Claim Deeds running to the owners with a request from the owners for trail easements with the corrected legal description. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the Quit Claim Deeds presented be approved and authorized for signature. PROJECT #168-A - SIBLEY TERMINAL PARK STORM SEWER PROJECT. A contract with Parrott Construction Co. covering Project #168-A consisting of storm sewer IIIimprovements to the Sibley Terminal Industrial Park area was presented. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the contract be approved and ordered executed. EAGLES NEST HOMES AGREEMENT. Upon motion by Smith, seconded Wachter, it was RESOLVED that the agreement between the City of Eagan and Eagles Nest Homes be approved and authorized for signing. All members voted in favor. SPECIAL COUNCIL MEETING. The Council determined that a special meeting will be held to discuss the 1977 Budget and the proposed police facility at 7 P.M. on Wednesday, September 15th at the City Hall. Upon motion duly made and seconded, the meeting adjourned 11:30 P.M. ill DATED: 9)- 7 77G 0:v /z- - E -11-