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03/15/1977 - City Council Regular 3-15-77 MIPTUTES OF A REGULAR NFETItTG OF TI'E' EACAF CITY COUPTCIL EAGAN, MINNESOTA MARCIi 15, 1977 A regular meeting of the Eagan City Council was held on 2gaxch 1, 1977 at 6:30 P.M. at the City Plall. Members present were Mayor Polzin, Councilmen Rydrych, Rahn, Wachter and Smith. Also present were Bolke, Rosene, Wedges and Hauge. MINUTES. Upon motion by Wachter, seconded Smith., all members voting in favor, it was RESOLVED that the minutes of the previous meeting be approved. BOARD OF APPEALS & ADJUSTMENTS. The Council members were present. 1. Brooks Superatte. The application of Brooks Superette, Inc., 4225 Cedar Avenue for variance for 24 hour business operation was first heard. Upon motion by Smith, seconded Rahn, all members voting in favor, it was REC071!INDED that the application be approved. 2. 0 Petroleum. The application of P-Petroleum on County Road #30 sad. Cedar Avenue for variance for clssion of service bays under Ordinance #52 and 24 hour business operation was next reviewed. A representative from the applicant was present. It was noted that there were no longer service boys in the service station which were in violation of Ordinance #52 under the N.B. District. After considerable discussion indicating that an error had been made by the City in granting the building permit without the request for variance for elimination of service bays, upon motion by Smith, seconded Rahn, it was RECOTI-20IDED to approve the application for both variances with the understanding that each application will be looked at on the basis of its individual merits and this approval is not a precedent; further that the station has already opened and closed on a number of occasions and has been closed for over one year and that there are two neighboring service stations offering full service to the area residents. All voted in favor except Wachter, who voted against the recommendation. -1- 3-15-77 ABATEI]ENTS.- Don Smith of the Dakota County Assessor's Office submitted three abatements in the City. Upon motion by Icahn, seconded Wachter, all members voting yes, it was RESOLVED that the recommended abatements be approved according to the list attached. BIDS FOR WAPNING SIGNS. Administrator Hedges recommended that the City Clerk be authorized to advertise for bids for regulatory and warning signs for the City to be opened at the City Hall on March 31, 1977 at 3 P.M. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the recommen- dation be implemented. PAFZ CONSTRUCTION COMPANY AGREEMENT. The City Administrator submitted an agreement prepared by him and the City Attorney between the City and Park Const-uc- tion Company concerning the excavation and fill permit for the Cedar Avenue con- struction area and recommended approval. Jerry Rachel of Park Construction appeared and explained that the project had been shut down for about 2!1 week because of mild weather and other reasons. He also stated that there would be no further hauling by trucks on Cedar Avenue. Upon motion by Wachter, seconded Polzin, all members voting yes, it was RESOLVED that the agreement be approved and ordered executed provided that all ordinance requirements are met including the necessary performance bonds and insurance. SOUTH DELAWARE HILLS. A request from Parranto Brothers for installation Cf utilities and streets in South Delaware Hills was submitted. It was noted that Inver Grove Heights tabled the application for the development until March 28th. The Eagan Council policy is that no street work would be installed and assessed by the City in residential subdivisions. No action will be taken until Inver Grove Heights acts on the development. CEDAR RIDGE 1ST ADDITION. The application for approval of Cedar Ridge 1st Addition final plat was submitted and upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the plat be approved subject to compliance with all ordinances. -2- 3-15-77 COPY MACHINE. City Administrator Hedges reviewed a memorandum relating to quotations he received for copy machines for the City Fall and recommended the purchase of a Minolta machine at $1,995. He indicated that there would be no maintenance costs for the 1st year. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the Clerk be authorized to acquire the 14inolta machine as recommended. FLOOR CLEANING EQUIPMENT. The Adminitrator reviewed quotes received for floor cleaning equipment for the City and recommended the purchase of a Kent Meteor at $525. Upon motion by Wachter, seconded Rahn, it was RESOLVED that the City be authorized to purchase the Kent Meteor machine. All members voted in favor. AD14INISTRATIVE IINTERN. Mr. Hedges reviewed a memorandum recommending that Kenneth Damlo who is finishing his Masters program at Mankato State University in public administration be hired effective March 21, 1977 for 6 months at $500 per month as the administrative intern for the City. Upon motion by Wachter, fed Smith, all members voting yes, it was RESOLVED that Pfr. Damlo be hired under the above conditions. BROONCS SUPERETTE. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the application from Brooks Superette, Inc. for a variance from the 24 hour business operation requirement be granted. n_PETROLEUM. The application of Q-Petroleum for variance for omission of surface bays and for operation on a 24 hour basis was upon motion by Rahn, secon{leci Rydrych, all members voting in favor, except Wachter who voted no, approved upon the same conditions as recommended by the Board of Appeals. PROTECT X6177 - COUNTY ROAD X631. The engineer discussed with the Council tha possibility of construction of a trail on both sides of Pilot Knob Road during the improvement of County Road #31 and recommended space be provided on each side. A resolution was submitted regarding continuation of consideration of trails in conjunction with planning for Pilot Knob Road improvements. Upon motion by Smith, -3- 3-15-77 seconded Rahn, all members voting in favor, it was RESOLVED that the Council be on record approving the Resolution to provide for space and further recommending that an underpass be provided for trail purposes. PROJECT #198 - CEDAR RIDGE. The Engineer submitted his preliminary report covering Project #198 for Cedar Ridge sewer, water, storm sewer and street improve- ments. Upon motion by Rahn, seconded Smith, all members voting yea, it was RESOLVED that the preliminary report be accepted and approved and that a public hearing be scheduled for April 5, 1977 at 7 P.M. at the City Hall. PROJECT #199 - QUARRY LANE AND TOWER VIEW ROAD. The preliminary report covering Project #199 consisting of street improvements for Quarry Lane and Tower View Road was submitted by the Engineer. Upon motion by Wachter, seconded Rydrych all members voting in favor, it was RESOLVED that the preliminary report be accepted and approved and that the public hearing be scheduled for April 5, 1977 at 7 P.M. All members voted yes. PROJECT #200 - COUNTY ROAD #31. The City Engineer indicated that the preliminary report had not been completed because of additional planning necessary in conjunction with Dakota County. MASTER STO%M SEWER REPORT. The City Engineer recommended that the Council authorize the updating of the master storm sewer report last done in 1965 and 1972, accordin- to the proposal of Bonestroo, Rosene, Anderlik & Assoc. dated January 217, 3.977. Upon motion by Rydrych, seconded Wachter, all members voting yes, it was RESOLVED to authorize the Engineer to update the master storm sewer report according to the recommendation. TRUNK AREA A14D LATERAL BENEFIT 01ARGES FOR 1977. A letter dated February 22, 1977 and with revisions dated March 14, 1977 from Bonestroo, Rosene,Anderlik and Assoc. regarding trunk area and lateral benefit charges for 1977 for the City was reviewed. Upon motion by Rydrych, seconded Smith, all members voting in favor, it was RESOLVED that the recommended changes be adopted effective April 1, -4- 3-15-77 1977 with the understanding that an error in the 1976 rates reflecting $9.10 for lateral service trunk water main which should have indicated $8.10 for the charge be rebated for the difference to any owner who was assessed at the $9.10 rate. ABSENTEE PUNCH CARD RESOLUTION. The Clerk submitted a Resolution concerning absentee punch card voting and preliminary tabulation of ballot card and recommended approval. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the Resolution be adopted. SPRINKLING BAN PROPOSAL. The City Administrator inquired of the Council whether the members would be interested in adopting a sprinkling ban policy during water emergencies for the Summer of 1977. No action will be taken until a later time. CITY HALL SEPTIC FACILITY. It was noted that the septic facility for the City Ball has required pumping on a regular basis recently and the City Eng'.1_<1er estimated a $15,000 cost in extending a sewer line on the East side of Count, Road #31 from proposed Wescott Road to the City Hall. There was discussion concern- ing installation of the drain field. Upon motion by Polzir_, seconded Wachter, all members voting in favor, it was RESOLVED that the City install a drain field or septic tank according to the recommendation of the City Staff. EAGMT -v- METRO ENGINEERING & RAZE NURSERY. The City Attorney and City Administrator reviewed with the Council a proposed agreement of settlement of tae. action in the Dakota County District Court entitled Eagan -v- Metro Engineering and Raze Nursery regarding Eagan park improvements. It was noted the proposed settle- ment includes delivery of trees requested by the City and payment of $600 plus certain planting materials by the defendants to the City. The City Attorney and Administrator recommended that the case be settled on that basis. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the Council be on record approving the settlement of the action on those terms. -5- 3-15-77 BLACKHAWK HILLS ADDITION NO. 2. A request for feasibility study for utilities in Blackhawk Hills Addition No. 2 was submitted. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that the Engineer be authorized to prepare a feasibility study and report to the Council. TRAILER PERMIT - 11R. JONES. An application from Mr. Jones for temporary trailer permit for one year during his house construction on his property on the North side of Cliff Road was discussed. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the application be approved subject to the submission and acquisition of a building permit by the applicant and further that the owner be requested to dedicate a total of 75 foot half right- of-way for Cliff Road. PROJECT #173. There was discussion concerning the need for a change order in Project 41173 consisting of miscellaneous work in the amount of $6,900. Tb e City Engineer was requested to submit a detailed analysis of the change order. SPECIAL MEETING OF COUNCIL. The City Council set a special meeting for the Council to review the plans for the proposed Police Facility for March 29, 1977 at 7 P.M. at the City Hall. HIGHWAY 4131 - CLIFF ROAD TRAFFIC SIGNAL. The County Highway Department requested that the Council review whether it would participate in the construction of a temporary traffic signal at Cliff Road and Highway 4131 with a $30,000 esti- mated cost being shared 50% by the City and 50% by the County. Upon motion by Smith, seconded Polzin, all members voting in favor, it was RESOLVED that the City Staff contact the Dakota County Highway Department and request that the County proceed with the installation of the signals at that intersection according to the terms mentioned above. DAVID LINDO LETTER. The Engineer requested guidance from the City Council concerning a request from David K. Lindo for information regarding storm sewer Project 41186 on Cedar Avenue. It was noted that the City Administrator had answered a comparable letter and no action was taken regarding the letter. -6- 3-15-77 MISSION HILLS - PLANNED DEVELOPYZTT AGREEMENTS. Charles Slocum appeared at his request concerning the planned development agreements for Mission Hills North and South. It was noted that the planned developments were approved in 1974 but that no planned development agreements had been signed as yet. Mr. Slocum requested an extension of time and also requested a waiver of planned development agreements because of the current development problems. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the developers of Mission Bills North and South be granted an extension of 6 months from January 1st, 1977 for the execution of the planned development agreements to keep the planned developments in effect, but that in any event the agreements must be signed and submitted prior to the grant of any building permit in those developments by the City. APPELBAUM - LANGHOVEN ADDITION. Mr. Kenneth Appelbaum together 4rith his attorney Joseph Abrahamson and John Klein appeared informally regarding an e.-Tier application by rir. Appelbaum for waiver of plat and for variance for three sets of dpulexes in Langhoven Addition, Lots 7 & 8. Mr. Abrahamson reviewed the history and the nature of the requests in some detail and the Council reviewed the matter for about one hour and 15 minutes. Mr. Abrahamson requested that the Council reconsider the motion denying the application of Mr. Appelbaum and stated that the developer could plat the property to comply with the necessary ordinances. Ile also stated that the developer's position is that the pond lying on a portion of the property has been enlarged due to the Ballantrae Addition development and there may be some potential damage caused by the City by inverse condemnation. There was extended discussion relative to the proposal and no motion was made to reconsider. Members indicated some serious problems with the development appeared to be reasons for not approving the variances including those recited in earlier minutes and the following: 1. There would be a driveway at about every 37 feet on a minor collector street. -7- 3-15-77 2. It is a very awkward parcel to develop for the design planned. 3. That it would be appropriate to develop the land in conjunction with planning on the vacant lot to the [Jest. 4. The owner purchased the property knowing that there were only two single family residential lots. 5. There are no one-quarter circle pimples similar to that proposed elsewhere in the City. 6. There may be some danger from the small cul-de-sac concerning exits onto the street. There was considerable discussion concerning the correcting of the storm sewer problem and Mr. Appelbaum and his attorney indicated that the high water level did encroach onto his property. Rydrych moved and Rahn seconded the motion with all members voting in favor to authorize the City Engineer to immediately prepare a storm sewer study for an outlet to the pond and for the immediate area. No further action was taken. BILLS AIJD ADJOURMNAOTT. Upon motion by Rahn, seconded Wachter, all members .yoting in favor, it was RESOLVED that the bills be paid according to the fol-L...ing schedule: 46260 - 462674 463997 - 464053, 466226 - 466351. The meeting adjourned at about 11 P.M. March /S- , 1977. Z-- `cc' 77 _g_