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01/18/1977 - City Council Regular 1-18-77 "•4INUTFS OF A REGULAR MEETING OF THE EAGA1`1 CITY CCJ*?'IL EAG,4N, MINNESOTA JANUARY 18, 1977 A regular meeting of the Eagan City Council was held on January 18, 1977 at 6s30 P.M. et the City Hall. All members were present. Also present were Bolke, Hedges, Gordon and Hauge. MINUTES. After the Pledge of Allegiance, upon motion by Wachter, seconded Rahn, all nembers voting in favor, it was RESOLVED that the minutes of the regular January 4, 1977 meeting be approved as distributed. El~T) OF APPEALS. The Council members were present. An application from John C. Winter and Gabbert Development Co. for a 10 foot variance from the front yard set-back requirement for Lot 1, Block 2, Ches Mar lst Addition was reviewed. Mr. Winter was present. The staff recommended approval as a hardship case. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESC'";ZLD that the application for variance be recommended for approval on the basis of hardship. t,D77ISORY PARR C0101ITTEE. Myrel Lundsten was present. CEDAR AVENUE BRIDGE TRAILWAY. Administrator Hedges and Myrel Lundsten, the rack Commi.ttee Chairman reviewed the reco*amendation of the APC recommending that the City Council go on record favoring a trailway over the Cedar Avenue Bridge. It was noted that the Bloomington City Council adapted a resolution favoring the trailway which c~c~Jd provide a loop trail through Fort Snelling Park for hikers and bicyclistc After considerable discussion, Wachter moved and Smith seconded a motion with all members voting in favor that the Council be on record recommending the installation of a trailway crossing over the Minnesota River with the request that the Deuartriazt of Transportation review alternate methods for the crossing including using the existing old Cedar Avenue roadway. WINTER AND GABBERT PM- LOPNEUT VARIANCE. Mr. John Winter again appeared. Upon riotion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the 1-18-77 Council be on record approving the variance recommended by the Board of Adjustments for John Winter and Gabbert Development Co. covering Lot 1, Block 2, Ches Mar 1st Addition. WOCDGATE 2ND ADDITION - UTILITY VACATION. The Council reviewed an application of New Horizon Homes for vacation of a 2.5 feet side yard utility and drainage ease- ment on Lot 17, Block 6, Woodgate 2nd Addition reducing it from 7~2- feet to 5 feet. The City Engineer recommended approval and upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVED that a public hearing on the vacation be schedul& by the Clerk for February 15, 1977 at 7 P.M. at the City Hall and that she be ordered to publish according to law. PROJECT 4183 - PUBLIC HEARING - HERITAGE AVPUNUE AND LETEMDRE STRRFT SURFAC71,?C. The Mayor convened the hearing concerning Heritage Avenue and LeTendre Street surfacing and the City Engineer explained the project. A petition was subl;iitced signed by approximately 10 property owners favoring the project and only one property owner was present opposing the project. After consideration, upon motion by Rydrych, seconded Smith, all members voting in favor,it was RESOLVED that the project be ordered in and the City Engineer be authorized to prepare plans and specifications. PROJECT #193 - CHES MAR 2ND ADDITION UTILITIES. The City Engineer submitted a feasibility report covering Project #193 consisting of Ches Mar 2nd Addition - sewer water and storm sewer improvements and discussed the possibility of construction of a water reservoir on City owned land at Cliff Road and Pilot Knob Road as a part of the project. The Administrator was requested to determine whether there are availa- ble funds to construct the reservoir at the present time. Upon moticn by Smith, seconded Rahn, it was RESOLVED to accept the preliminary report and set a public hearing for February 15, 1977 at 7 P.M. at the City Hall. All members voted yes. MARELL, INC. - LANGHOVEN ADDITION CONCEPT. John Klein and Ken Appelbaum appeared on behalf of the request of Marell, Inc. for concept approval for 3 duplexes on Lots 7 and 8, Langhoven Addition. Two property owners appeared and objected to -2- 1-18-77 the request. Three staff mmbers had inspected the site and a letter from Dale Peterson dated January 13, 1977 was reviewed. Alternate No. I would require no variances with 15,440 sq. feet of land allegedly available on site 3 for construction other than ponding area. It would include a bubble cul-de-sac and it appeared that the ordinance had no regulations concerning such cul-de-sacs. Alternate No. 2 required a 9 foot side yard variance for each of the buildings and it was noted that the staff recommended Alternate No. 2 if the Council were to accept either proposal. It was noted that the pond had been designated as permanent ponding by the City and that no easement had been acquired for a portion of Langhoven Addition where the pond is located. Mr. Appelbaum indicated that if the approval was granted that he would dedicate the necessary ponding area. It was further noted that the application for variance originally submitted had not been acted upon, but that the Council had voted to deny the application for waiver of plat. Mr. Appelbaum also indicated he would try to save every tree possible if the application were granted. Upon motion by Smith, seconded Wachter, 611 members--yoting-$e, it was RESOLVED that the Council be on record opposing Alternate No. 1 with the eyebrow cul-de-sac because of the potential maintenance problem for such a cul-de-sac, the fact that the road is a very heavily traveled road and such a cul-de-sac could present traffic problems, further that the aesthetics would be undesirable with such a plan as to the cul-de-sac and the location of the proposed buildings, and because of the opposition of the property owners. All voted in favor, except Rydrych who voted no. lPolzin moved and Rahn seconded a motion to approve the application for variance which would in effect consist of approval of Alternate No. 2, it being understood that the owners would file a formal plat in the event of the approval of either alternate. Those voting yes were Rahn and Polzin, those voting no were Smith, Wachter and Rydrych. Those opposed indicated that there did not appear to be a hard- ship involved according to the ordinance, that the public would not benefit from the proposal, there was opposition by the neighbors and that the neighbors understood -3- 1-18-77 that there would only be 2 platted lots for single family purposes, the ponding problem and lack of adequate available land for construction on the third lot. P".WCC - METRO INTERCEPTOR ACQUISITION. The Council again reviewed the alternative: regarding acquisition of Metro interceptors by the Metro Waste Control Commission including Alternates A and B. Alternate A would provide for a request for acqui- sition of the South interceptor and Eagan North District interceptors. Alternate B would make a request for acquisition of the Eagan North interceptor only, at the present time. Upon motion by Smith, seconded Rahn, it was RESOLVED that the Eagan City Council authorize the Clerk to petition the MWCC to acquire the North trunk district interceptor for Metro interceptor purposes according to Alternate B. ORDINANCE NO. 8. The City Administrator and City Attorney submitted a revised Ordinance No. 8 covering excavation and fill permits in the City of Eagan and noted tome additional changes that have been submitted by the Building Inspector. Polzin moved and Wachter seconded the motion to approve and adopt Ordinance No. 8 with the recommended changes and to authorize the Clerk to publish the Ordinance. All members voted yes. PRECINCT BOUNDARY CHANGES. The City Council had approved in December a new precinct map with 11 precincts and the State Planning Agency and Secretary of State recommendations for minor changes were reviewed. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the recommended changes by the Secretary of State and State Planning Agency be adopted. BARTON CONSTRUCTION CO. - OVERVIEW ESTATES. Barton Dunn appeared on behalf of the application Barton Construction Co., Inc. for final plat approval of Overview Estates in Section 25 on Dodd Road. The interior streets would be dedicated as utility easements at the present time on the plat, it was noted that Dodd Road would require 40' or 50' half right-of-way and that other ordinance requirements must be met. Upon motion by Folzin, seconded Rahn. all members voting yea, it was -4- 1-18-77 RESOLVED that the application be approved subject to the developer dedicating by plat the required right-of-way for future improvement of Dodd Road to be determined by the City Administrator in conformance with dedication of other right-of-way on Dodd Road for the same purpose. TIR. D's PIZZA - OFF SALE BEER LICENSE. Upon motion by Rah4, seconded Wachter, all members voting in favor, it was RESOLVED that the application of Mr. D's Pizza, Inc. for off-sale 3.2 beer license on Beau d'Rue Road be approved. RAHN PARK ACTIVITIES BUILDING. Upon recommendation of Lindberg, Pierce, Inc. Architects recommending approval of the Rahn Park Activities building and approval of final payment, upon motion by Wachter, seconded Smith, all members voting yea, it was RESOLVED that the Rahn Activities building be accepted by the City and William F. Kopp Construction Co. be authorized for final payment of $7,416.04. IMPROVEMENT PROJECT HEARINGS. The City Eng. submitted the following feasibility reports and recommended public hearings be set: 1. Project #187 - MeadowlaA Lane street improvements. 2. Project #196 - West Publishing Co. utility improvements. 3. Project #194 - Federal Drive street improvements. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the preliminary reports be accepted and that public hearings for each of the foregoing projects be scheduled for February 15, 1977 at 7 P.M. at the City Hall. WILDERNESS RUN 6TH ADDITION. Paul Hauge submitted a proposed roadwork agreement between the City of Eagan and Arnold Carlson and Robert Tilsen regarding Wilderness Run 6th Addition and stated that a letter of guarantee with a two year limitation from Minnesota Federal covering the bonding requirements had also been submitted by the developer. Upon motion by Wachter, seconded Smith,all members voting in favor, it was RESOLVED that the Roadwork Agreement be accepted with the two year bond limi- tation with the understanding, however, that the developers will extend the time if the improvements are not completed within two years. -5- 1-18-77 DALE EVERSON - ADNTCSOI!Y PARK C011211ITTEE RESIGNATION. Upon motion by Wachter, seconded Polzin, all members voting yes,it was RESOLVED that the Clerk be authorized to send a letter to Dale Everson in recognition of his service on the Advisory Park Committee including Chairman and for his dedicated planning for the proposed Eagan Civic Center. EAGLES NEST HOMES PLAT. Upon request of Pose Grengs on behalf of Eagles Nest Homes, Inc. for a 90 day extension of time to file the final plat for Eagles Nest Homes upon motion by Rahn, seconded Smith, all members voting yes, it was RESOLVED that the Council be on record granting such 90 day extension. POLICE ASSOCIATION SALARY AGREEM IT. Upon motion by Smith, seconded Rydrych, all members voting yes, it was RESOLVED that the agreement between the Eagan Police Association including salaries and the City of Eagan be approved and that the appropriate officials be authorized to execute the agreement. 14WCC INDUSTRIAL STRENGTH CHARGE ORDINANCE. The City Administrator submitted a Joint Powers Agreement draft for approval by the Council with the MWCC including Ordinance No. 67 covering extra strength industrial waste. The Joint Powers Agreement and Ordinance had been approved at a December meeting of the City Council. PUBLIC SERVICE COMMISSION - NATURAL GAS SUPPLIES. City Administrator Hedges reviewed with the Council a letter from Mr. Larry Anderson of the Public Service Department indicating that a meeting is scheduled for 2 P.M. on January 20 at the Eagan City Hall to discuss the findings and recommendations of the Public Service Commission regarding natural gas supplies in the City of Eagan. PARK COMKTTEE MEMBER OPENING. The Clerk was requested to insert an article in the Dakota County Tribune requesting persons who are interested in becoming a member of the Park Committee to submit a request to the Clerk°s office for review of the Council. ADVISORY PARK COMMITTEE COMPENSATION. The City Atty. reviewed a letter submitted to the City Council concerning compensation for members of the Advisory Park -6- 1-18-77 Committee. It was noted that expenses could be paid for Park Committee members and no official action was taken. ADJOURNMENT AND BILLS. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the bills according to the following schedule be paid and that the meeting be adjourned at 9:45 P.M. #241 - 91253; 43698 - #1818; #5785 - #5961. DATED: /A, -7-