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03/01/1977 - City Council Regular 8-1-77 M114UTES OF A RE C.L lAR. METtt?G OF rNIE EAGAN CI'PY COUNCIL E `L-sGZU'!, tiiTZv'c G O9A PATCH 1, 1977 A regular meeting of the Eagan City Council was held on March 1, 1977 at 6:30 P.M. at the City Hall. Present were Mayor Polzin, Councilmen Rydrych, Rahn, Smith and Wachter. Also present were Bolke, Rosene, Pledges and Haupe. Mayor Polzin chaired the meeting. k.FRZUTES. Upon motion by Wachter, seconded Rahn, all members voting in favor, the of the previous meeting were approved as distributed. RF-~XT SENTATIVE RAY KE11PE. Representative Rempe appeared and discussed with the Cozen cil the proposed closing of the Cedar Avenue bridge by the Department of Transportation for one way traffic at peak times of each day beginning March 16th for a 4 week period. 14r. Kempe requested recommeldations from the City Council concerning the times for the closing and generally received a favorable reaction from the Council Members. It was recoLmended that the clcsing times consist of 6 to 8 A. M. for one way traffic to the North only and 4 to 6 P.M. for one way ttaiilc to the fouth only during the 5 day work week. Yx. Kempe also indicated that the Dakota County delegation recently adopted a rccolution unanimously supporting the repeal of the highway construction moratorium bill. FIRE DEPARTNENT. Chief Schultz appeared and distributed new 1977 Eagan Telephone Directories to City Council members. POLICE DE'ARTtlEN"t'> Martin DesLauriers appeared and recommended that Ken Conyers be hired full time as a patrolman beginning March 1, 1977. Upon, rmotioa by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the recommendation be implemented. GROUP HEALTH INSURANCE, Mr. Ervin Rle1mken, the Ea;an insurance agent of record, appeared before the Council and explained that Mutual Service Insurance Co. has now issued a letter to the City of Eagan sating that group health and life 3-•1-77 insurance tlhrco+!gh Mutual Ser -1.ce will be reneried .r one addi't.:ional year wi liov.t an increace in premium. Upon moti^:t by secaided Smith,all members voting yF~,, it was R1'3OL",D th^t the coni:,,.act wi: h Mkktual Service Insurance Co. for l'roup h.~ 3lt'-t and life be renewed for one additional year at the sarle rates as those in t.h.ist once for. 1.976. )ELAPM-E BILLS ADDITI0 7. Mr. Richard Parranto appeared on behalf of the of Parranto Brothers, Inc. for Planned Development approval and i relini- i~.^~•- C~zp,:oval of South Delaware Bills in Section 12 lying South of Nig'Ibway #55 hot_h ~..nver Grc _ Heights and Eagan. The 67.5 acre parcel incli:des 1::.4 a: t, of onen ~.:cce ax1d 2.1 acres of outlots. There will be a 30 foot walkway dadiQated VeFt c,f thi proposed site. Joint use agreements for utilities, street constructlcn anal malmtenanee and fire needs were recommended between Inver Grove T'e:f.ghts and Eegan. There wr.s discussion concerning dr,7;n2.ge and storm sewer installa-:.t.on. Hr. Meyer, an attorney from St. Paul, appeared on behalf of an abutting pro )c,7ty ei:~,er objecting to the approval of the preliminary plat because of alleged C~.s re;; _ ions and in addition T r. Rollie Crawford, attorney, appeared for Dr. Fox vTio :.a5 also rresent, objecting for the same reasons. Mr. Parranto stated that it is e-xpected that a title registration action will be commenced to clear the restrictions and Per. Heyer and Air. Crawford requested the City Council not act until a determination of tc.e restrictions is made. Council members stated that because the restriction prc'.lcyi, is in Inver Grove Heights and further that the City Council has no control over. pr"Arate restrictions, that it could not refuse to act for tho-_e rea^:,.:.s. John, Sexton, a property owner to the Northwest, appeare:? anrl requestcd a layo•=t of the proposed road connecting Chapel Lane and t:ie rtr7 lop-illent. It was n^t:ed that the development would contain 12,000 minimum. square lots with an averace of tw, per acre and a total of 112 lots. The Council members also stated thnr. :Lf the pl!nn_ne3 development as proposed is not followed throi,Z'a ^cR,-ci.tt~ to plan beca»se of change in lot configurations, that the planned devclo :mnt would -2- A -1-•77 becone ineffective if not developed at3 planned. 1. Parranto stated that all' lc-s at the South end as designated on the plan w1' 1 be zoned R-2 and which are con L•i- gsous to each other.. Polzin moved and Rya;.ych seconded the motion to approve the p:rell.r4nary plat with the underst,-nding that a proposed layout of the road amr the 'Saxten property will be submitted to Mr. Sexton for review; FURTHER that the appro- val be subject to approval by the Inver Grove Heights City Council. Polzin furfi'Ker and Itydrych seconded the motion to approve the planned development wa.th Ole sage i•.r•.:d _j--;.?-=. s as mentioned above. All members voted in favor. CONSTRUCTION COMPANY CO 17TACT. The contract with Park Cons tr cacti o.: . rr garding a, cavat-icra end fill permit was continued until the next Meeting at the request of Park Construction Co. HIGHWAY #13 and YANKEE DOODLE ROAD TRAFFIC SIGNAL. The City Administrator submitted a proposed agreement from the DOT concerning removal of the ole traffic signal and installation of a new traffic control device at Highway #13 and T. Doodle Rca.d at a total cost to Eagan of approximately $2,219. Upon moiti.on by Eal:ii, see Wachter, all members votl.r.g in favor, it was RESOLVED that the ogcec:men.t be approved. HIGHWAY 413 and YANKEE DOODLE ROAD CONSTRUCTIMI PLANS. Plans and specifications for the traffic control signal at Yankee Doodle Road and Highway 413 were revies-red by the Council and upon motion by Smith, seconded Wachter, all members voting in favor, it was p SOT,'9BD that they be approved. Me City Fngineer then explained to the Council the necessity of lowearing tre iaas:c--:rya n on Yankee Doodle Road in order to accommodate the cb.ar gen in the intersection and estimated the cost at $1,500. Upon motion by Wach5.er_, enc.-ondcd Rahn, all_ ..:,r fiber: s voting yes, it was RESOLVED that the City proceed with a C11:5-age order to ?.n e2<igting contract to lower the watermain on Yankee Doodle P:aed to ,3cVa ;revisions to the intersection. -3- -1-77 . t rn ' p n n Pti_ . !'~,.~~..::TY 1S1_ Mr. Bob l:ort-dngi.ca ar.3 E I•.yberf; of a~:peared on behalf of Tale-.,t Publishing Company for cf Went Pv": Iish l:ig Co. i st Addition prelim:.:>arj plat in Section 13. The 60 acTe include about_ 500,000 square feet of ultimate building develop-me-ot. 'i:" ::e ware no objections to the applicati.on. Upon motion by Rahn, sezc-aeed. all maribers voting yes, it w s RESOLVED that the application be approved. ;.iT.t~ <'TM3ESS PA7Z tT)DTTIGX. Arnold Carlson appeared on bebalf of h for apprnval of the preliminary plat of Wilderness Park ?:^:z A?cli.s .:.;sc . ;Ir, C'*s. ^,on lnc3ic~.te that the access to County Road #30 will be pro.rlctk d to NcrtYi ^7n further :;tested that the Lexington South developers ha•re offered to cE.Lcl?cu e all necessary parc land in Lexington South at the present 1,1r. Carl- son shnwed three noi:ential access points to the forth of County Road #20 and .ndica.ta3 that tlae proposed trail to the East line of Wilderness run Pas:?: s ..:.-j~?cted to. Ise further suggested a trail along the East line of Wilder,.- Pa,,-k :end Addition adjacent to a proho3ad street. Upon motion by Wach* r, ,:^:ab-1-3 voting in faTzor, was U!"OOLVED that the Ceunci:c zesty plat subject to the l1~?C re_omW_ndations. ~.'E1,,4E I ST ADDITION - REZONING & PRELIMINARY PLAT. Karl Heine appeared on bel7a f of the applicants far approval of rezoning from A, Agricultural to R-1, S:in ,Ie ^P-dl.y anct lie p. ^i. r!.it3s~ plat of Heine l,t Addition. He submitted a a from R-1 to E-Estate zoning, and Council members e._P.1.a:fne~i V,e * : tLil-~L.t`•~~:i ha. large lots including the potential assessment on the Froposed 10 '_^t IT S;^~e re'luested a continuance until he could discu-s Lho >:~;tPy ~•uth ovnicCzr: in.. greater detail. (27D!V ,TD - ?.ST ADT)I ION - CONDITIONAL USE rY.F-MTT. Jerore Schc•7 '.f a cZ 1::-:.) -'Tf :;f 1.3_3 application and that of D.H. Gustafson & Associates fc cocra'.f-.=:~: cr and garden store in Cedar Ridge 1st 14-_•t ~:•;cT.~ie. Inc t dicatnd that a fence woul0 enclose the storage area a.-? I'Int -4- 3-1-77 Dakota County Higlhuay Department had approved the access to Cedar Avenue. The building would be 100' x 80' and upon motion by Rahn, seconded Wachter, all memba s voting yea, it was RESOLVED that the application be approved subject to the recom- mendations of the APC which were agreed upon by the owner. All members voted y_3. QUARRY LAMP, - STREET IMPROVED?TS. A petition from owners of 5 lots on Na:::-, Lane for blacktop surfacing and concrete curb improvements was reviewed. Upon mz,ticn by Polzin, seconded Rahn, it was RESOLVED that the Engineer prepare a feas:i5Ili:-.y report to include Towerview Road. Gordon Huisentruit appearec' an'l recoe,im-nded that the project be held off until the Pilot Knob Road project is com. enced. WGODGATE 3RD ADDITION - PLAT CORRECTION. At the request of the developers and upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVFD that the corrections in the plat covering Lot 6, Block 4, and Lots 15 and 16, 51- w 4 WooO'Fr.ate 3rd Addition be and they hereby are approved and the Resolution be authorized to be executed. :T7.1- MA,N RUTZIK - CONDITIONAL USE PERMIT. The application for a con.a1-tion.31 u,-I- parmit by Sherman Rutzik and Cedarvale Company for a recreational gwe room in the basement level of Cedarvale Shopping Center. At the request of the applicants the application was stricken. CEDAR RIDGE ADDITION - FINAL PLAT. The application for approval of Cedar Ridge Addi~ioq final plat was tabled until the next meeting at the request of the apn lic ants. _RO3ECT {190-A. The City Attotney submitted plans and specifications for Imp. Project #190 consisting of Carlson Acres sewer and water and a part of Chao Mar 2nd Additicn Improvements consisting of Project #193. Upon motion made by Wachter, seconded Smith, it was RESOLVED that the projects be combircd cover.in? the two ^bove projects into Project #190-A and that the plans and snecif:Irult ene he -5- 3-1-77 approved and further that the Clerk be authorized to advertise for bids to be opened on April 5, 1977 at the City Hall at 3 P.M. PROTECT ##188 and #194. The City Engineer subnitted the plans and specificutio::.:i for Insp. Project ##188 and ##194 and requested that the projects be advertised for bids. Upon motion by Rahn, seconded Rydrych, all members voting yes, it was RESOLVED that Projects ##188 and ##194 be combined into ##194-A to include Heritage Lace, LeTendre Street and Federal Drive street improvements and further that the Clerk wuthorized to advertise for bids to be opened on April 5, 1977 at the City T .11 at 3 P.M. All members voted yes. IEINE 1ST ADDITION. Tx. Karl Heine reappeared and requested that the Council approve the application for rezoning from A -Agricultural to R-1 Residential single and preliminary plat of Heine Ist Addition. Upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that the rezoning to R-1. be approved, and that the preliminary plat be approved but that it be referred to the APC in the event of a significant change in the proposed preliminary plat. ^C77r'Y ROAD 4#31 - STREET IMR707ErfENTS. The City Engineer recommended th t authorization be given to begin preliminary report with Dakota County '[or the ir:)rovement of County Road #31 from the North city limits to Yankee Doodle Road. Upon motion by Smith, seconded Rahn, it was RESOLVED that the Engineer be authorized to prepare the feasibility report covering such improvement and report back to the Council. All members voted yes. CLIFF ROi1D IMPROVEMENTS. City Engineer Rosene requested authorization to prepa-z a preliminary report on the improvements of Cliff Road at Johnny Cake Ridge Road with Dakota County. Upon motion by Rahn, seconded Wachter, all rembers voting in favor, it was RESOLVED that the Engineer be authorized to prepare such a preliminary report. CEnP.R RIDGE ADDITION - UTILITIES. A petition from D.H. Gustafscu Acs-zlates for the installation of utility improvements in Cedar Ridge Addition was next -6- 3-1-77 reviewed. Upon m^-Lion by Rahn, seconded Smith, all members voting yea, it was RESOLVED that the petition for sewer, water, storm sewer and street improvements for Cedar Ridge Addition be submitted to the City Engineer for preparation of feasibility report. DAVID ERB - PAW COAMTTEE. The letter of resignation from David Erb as a member of the Eagan Park Committee was received and upon motion by Wachter, seconder? Sntiith, all members voting yea, it was RESOLVED to accept the resignation with a letter of thanks to be sent to Mr. Erb. The Clerk was requested to place a notice in tl a Dakota County Tribune for a replaccment on the Park Committee. 1ST NATIONAL BANK PAYING AGENT. A resolution granting lst rational Bank of St. Paul the position of paying agent for the General Obligation Improvement Bonds dated April 1, 1976 was upon motion by Smith, seconded Rydrych, all members voting in favor, approved. GAME ROOM LIMNSTNG ORDINANCE. A recommendation of the Advisory Planni Commission that the City Council authorize the City Administrator to prepare a draft c-' possible ordinance for game room licensing was reviewed. Upon mot:_on by Wachter, seconded Smith, all members voting yes, it was RESOLVED that tea recommendation of the Advisory Planning Commission be approved and the City Administrator be authorized to prepare a draft of a licensing ordinance. WILDERNESS RUN 1ST ADDITION RESOLUTION. The City Attorney indicated that the resolution regarding the vacation of Wilderness Run 1st Addition was no longer neccsssry and no action was taken by the Council. r:i,ARD OF REVIEW AND EQUALIZATION. At the request of the Dakota County Assessor and upon motion by Rahn, seconded Wachter, it was RESOLVED that the Board of Review and Equali?ation meeting be scheduled for May 20, 1977 at 7 P.M. at the City Hall. All members voted yes. 1977 CENSUS. The City Clerk discussed with the Council a recommendat<_rx for a census to be conducted by the Federal Bureau of Census for purposes includ-ing a -7- 3-1-77 revisiva in State Aid beginning in 1978 for the City and for other possible uses. The cst-imated cost would be under $10,000. Upon motion by Smith, seconded Wachter, 0 was RESOLVED to authorize the City Clerk to enter into the necessary contractual arran events for a census of the residents of the City during 1977. "PETROLEUM LICENSES. Applications for off-sale 3.2 beer and cigarette licenses by Q-Petroleum at the Skelly Station site at Cedar and County Road #30 was ne7t submitted. Upon motion by Smith, seconded Rahn, all members were voting yea, it was RESOLVED that the applications be approved. SOUTH DELAWtXX:,, HILLS UTILITIFS. A letter from Parranto Brothers, Inc. for the installation of utilities by the City of Eagan in proposed South Delaware Hills was submitted. The staff was requested to review the matter under a proposed joint use agreement including other purposes for joint use purposes with the City of Inver Grove Heights prior to the March 15th meeting. No action was taken. OTOMA IC FLOOR SCRUBBER. The Council discussed with the City Administrn.o-_ the proposed purchase of a floor scrubber for City building purposes and the matter was ^c:-:.+_i..ue3 until the next meeting or further recommendation. ENERGY CONHITTEE REPORT. The City Administrator and City Attorney submitted a report prepared by the Energy Cormittee covering its study and recommendations regarding natural gas in the City of Eagan for the March 29, 1977 PCS Hearing. The report was accepted and further consideration will be wade by the Council at a later speting. SPECIAL COUNCIL MEETING. A special meeting of the City Council was called for March S, 1977 at the City Hall at 7 P.M. to discuss several matters McluKag, the PSC natural gas hearing on March 29th and also a meeting with the Eagan Dire Departiaint at the Rahn Road Fire Hall. UTILITY TRAILER. Upon the recommendation of the Park Director and UtilitK Di..oc.t_ir and upon motion by Smith, seconded Wachter, all members vGting -8- 3-1-77 'n favor, it was F7S(1;,1.TD that a trailer be purchaceu for the mark and Utility Pepartnentt for the c*jm of $1,000 for general utility purposes. POLICE FACILITY BTJTLDING. The Council briefly discussed the plans for the propc3ed police facility and indicated that no action would be taken until further determination as to whether Federal funds will be acquired for the facility. PROPERTY TAXATION MORATORIUM. A proposed bill presented by Senator Robert Bencdi^t to the Minnesota Legislature was discussed. It provided for a moratorium on real ese:ate taxation for all home improvements provided there is not increase in square footage for the living area and the property is at least 5 years of age. Upen motion by Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the Council be on record favoring the bill and authorizing adoption of the resolution submitted concerning the bill. D00 GATCHED. An application from Cary Larson to act as part-time dog catcher for t::e City was reviewed. Upon recommendation of the City Administrator a.. :pon notion by Smith, seconded Polzin, it was RESOLVED that Mr. Larson be engaged as a par;.-<fue dogcatcher. All members voted in favor. OUTSWIDING BILLS. Upon motion by Smith, seconded Polzin, all members vot:"A in favor, it was RESOLVED that the following bills be ordered paid: 43939 through 7399'63 46124 through 46225. Uj~oa motion duly made and seconded, the meeting adjourned at 10:20 P.M. DATED: March / 1977