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06/07/1977 - City Council Regular 6-7-77 1UNUTES OF A REGULAP IEETITIC OF TM EAGMT CITY COUTTCIL EAGAN, MINNESOTA JUITE 7, 1977 A regular meeting of the Eagan City Council was held on June 7, 1977 at 6:30 P.M. Members present were Mayor Polzin, Councilmen Rahn, Smith and Wachter, Councilman Rydrych was absent. Also present were City Engineer Rosene, City Administrator Hedges and City Attorney Hauge. PLEDGE OF ALLEGIANCE and MINUTES. After the Pledge of Allegiance, upon motion made and seconded the P3ay 10 and May 17 minutes were approved as read and distributed. BOARD OF APPEALS. The Council members and Bea Blomquist comprised the Board of Appeals. 1. Neil Charpentier, 4280 Lodgepole Drive. Mx. Charpentier appeared and requested a variance from the front yard setback of 18' for an attached garage at 4280 Lodgepole Drive. The APC recommended that it be reduced to a 12' variance. Upon motion by Smith, seconded Blomquist, all members voting in favor, it was RESOLVED to recommend to the Council approval of a 13' variance from the ordinance requirements. 2. Arnold Carlson - Wilderness Park Addition. Arnold Carlson appeared .:.bsrding his application for variance for 10' variances for Lots 12 & 13, Block 3 Wilderness Park Addition. Upon motion by Polzin, seconded Rahn, and upon recom- mendation of the APC, it was RESOLVED that the application be recommended for approval. POLICE DEPARTMENT. Martin DesLauriers appeared. 1. Jill Eichen-Resignation. Chief DesLauriers indicated that Jill E3.".;7k has accepted a position with the Burnsville Public Safety Department and recommende that a replacement be hired. He recommended Diane Bartl. Upon motion by Wachter, seconded Polzin, all members voting yes, it was RESOLVED that Jill Eichen's resip. nation be accepted and that the Police Chief be authorized to hire a replacement for her in the dispatcher's position. 6-7-77 2. David Giguerre. Chief DesLauriers recommended that David Giguerre, a college intern, be hired to work in the cadet program at $2.75 an hour during the summer months only. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the recommendation be accepted. 3. Police Reimbursement Funds. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the Police Chief be authorized as the applicant for reimbursement funds for the training of two officers who have completed basic police school. 4. Street Light - Rahn and Cliff Road. Upon motion by Rahn, seconded Smith, it was RESOLVED that a street light be authorized to be installed at Rahn and Cliff Road. All members voted yes. PARK COPMTTEE. Tom Hedges reported. I.The Park Committee recommended that a new flail mower be purchased to replace the rotary mower. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the staff be authorized to acquire quotes for a new flail mower and to purchase the mower. 2. Assistant Tree Inspector. Barbara Schmidt recommended that Russell Hall be hired as the Assistant Tree Inspector for the summer months, 1977, on a part time basis. Upon motion by Polzin, seconded Smith, all members voting yea, it was RESOLVED that Mr. Mall be hired as the assistant tree inspector under the foregoing terms. 3. Lake Testing. Park Director Schmidt requested that the City authorize the Park Committee to pay the $5.00 for SECCHI disks for a University of Minnesota program for testing water quality in certain lakes in the City using volunteers to take the samples. Upon motion by Smith, seconded Wachter, all members voting yea, it was RESOLVED that the Director be authorized to carry out the proposal. EAGAN FOURTH OF JULY ASSOCIATION. After discussion, upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the Council -2- 6-7-77 authorize the sum of $400 as a budgeted item for the Eagan 4th of July Association. NATIONAL ADVERTISING APPLICATION - SI%T PERMIT. An application of National Advertising for three advertising., sign permits located (1) across from the Murphy House on 1iighway #'13;(2) on the proposed Cedar Avenue freeway and (3) near the Old Cedar Avenue intersection, all on Chicago Northwestern right of way. The first two signs meet the requirements of Ordinance No. 16; however, No.3 is less than 1,000 feet from an existing permitted advertising sign. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that sign Nos. 1 and 2 be approved. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that No. 3 sign application be denied for the reason mentioned above. PROJECT No. 207 - DEERWOOD DRIVE WATER MAIN. The Mayor convened the continued public hearing regarding Project #207 consisting of the water main extension on Deerwood Drive. A representative of the three families who had purchased 15 acres on the South side of Deerwood Drive was present and stated that the owners did not desire to install the water main because of the excessive cost. Council members explained in detail the fact that eventually the trunk water main will be installed and that the property will be assessed and suggested that the property owners consider the excessive cost of installing wells at the present time and future assessments. The hearing was then closed. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the project not be ordered in. LAKESIDE ESTATES EASErIENT VACATION. The Mayor then convened the public hearing regarding the application to vacate certain utility and drainage easements in Lakeside Estates Addition. Atty. John Daubney and Tom Waite appeared an behalf of the petitioners. There were no objections. Mr. Daubney indicated that the applicant did not have a complete ownership list covering the neyu easements to be dedicated and that the easements drawn by the City Attorney were not signed by all owners at the present time. Polzin moved and Wachter seconded a motion -3- 6-7-77 to approve the vacation of the easements as provided in the application, contingent, however, upon the receipt of new easements and approval by the City Atty. and City Engineer. PROJECT N0. 193 - WATER I;:IPROVEMU T NFARIITG. The Mayor convened the public hearing regarding Imp. Project #193 consisting of water improvements including, trunk water main and reservoir in the area of Cliff Road and Pilot Knob Road. A large number of affected property owners were present. The hearing was convened at 7:20 P.M. It was noted that about 1,000 homes are served at the present time by water in that area and there are pressure problems, particularly in portions of Woodgate Additions. Three alternates were suggested by the City Engineer according to the report. Certain Woodgate owners were present and they were in favor of the project and other property owners opposed the project. Mr. Ed Dunn of Blaclkhawk Parks Inc. appeared in favor of the project as did a representative of Gabbert Development for Ches Mar Additions. It was noted that the new Ches Mar Additions are in the high pressure zone and there was also discussion concerninj that future proposed development. The hearing was closed at S P.M. William Almquist was also present but indicated that he did not receive official notice of the hearing. Wachter moved and Rahn seconded the motion to proceed with the %~ep well, the 2 million gallon tan1:. and booster station and the water trunk to the reservior which consists of alternate No. 2 without the water trunk to the high pressure zone and to order in the project and order the engineer to prepare the plans and specifications. All members present voted in favor of the motion. CITY PROPERTY ASSESSI)EATS. The City Administrator indicated that the issue will be discussed further at the next Council meeting. SUIER ADVISORY BOAP.D. The APC recommended that Joe Harrison, Chairman of the APC be appointed to represent the City of Eagan on the District 5 Sewer Advisory Board. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that 1,-4r. Harrison be appointed to the Board. -4- 6-7-77 CLIFF ROAD IMPROVED 'T=ITS. Mr. Robert Sandeen, the Dakota County Engineer, and Gary Erickson of the Engineer's office were present and reviewed the four issues that the Council requested to be reviewed by Dakota County relative to improvements at Johnny Cake Ridge Road and Cliff Road at the Council's meeting on May 3, 1977. I,. Percentage of Funding. The County Board stated that it would not increase the percentage of funding by the County on the proposed improvements in spite of the fact that the time of the improvements are being stepped up due to the Zoo construction. 2. Trees. The County Board stated that it would not install trees and suggested that the City and property owners review the possibility of doing this at the City level. 3. Guard rail. It was noted that a 750' guard rail will be placed on the North side of the road beginning West of the crest and run Westerly. 4. Median barrier. Mr. Sandeen stated that there would be no basic change in the proposal for the installation of the median but noted that discussions have been held with certain property owners abutting the road and additional discussions will be held with property owners on the South side of the road. A number of the affected property owners were present and objected to the project particularly to the trees not being replaced and requested cutting down on the median width. After approximately lk hours of discussion, Wachter moved and Rahn seconded the motion to continue the consideration of the Cliff Road agreement proposed between the City and County until the next Council meeting. CLIFF ROAD AND PILOT Ia10B ROAD SEMAPHORE. Mr. Sandeen recommended to the Council that the Council adopt a Resolution requesting that Dakota County proceed with the installation of a temporary semaphore at the intersection of County Road #31 & #32. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the recommendation be approved and the request be made to the County for the installation of the temporary signal lights. HIGHVIEW ADDITION EASEMENT. Roger Sperling and Mrs. Twomey appeared and requested that the Council consider calling a hearing to determine whether to vacate a 30' easement in Highview Addition running North of Highview Avenue. Wachtel moved and Rahn seconded the motion with all members voting in favor to schedule a hearing for July 19, 1977 at 7 P.M. and that the affected parties submit a petition formally requesting the vacation. -5- 6-7-77 HORNE ARCHITECTS - POLICE FACILITY. James Horne appeared and reviewed a proposed floor plan for the Police Facility with the Council. He then submitted a contract for architectural services and Polzin moved to approve the contract as presented. There was no second and the motion died. Smith then moved to enter into an architectural contract with Horne Architects, Inc. provided that onehalf of the payment previously made for architectural services for the first police building plans be credited toward the architectural fees on the proposed contract. Wachter seconded the motion. All members voted yes, except Polzin who voted no and the motion was adopted. NEIL CHARPENTIER - VARIANCE. Mr. Charpentier again appeared regarding the 18' request for variance from front yard setback of 4280 Lodgepole Drive. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the recommendation of the Board of Adjustments granting a 13' variance be and it hereby is approved. CARLSON - WILDERNESS PARK ADDITION VARIANCES. The Council next reviewed the application of Arnold Carlson for a variance of 10' on Lots 12 and 13, Block 3, Wilderness Park Addition. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the recommendation of the APC and Board of Adjustments be approved and the 10' variance be granted on each lot. CROWN AUTO - CONDITIONAL USE PERNIIT AND VARIANCE. Mr. Arvin Adelman, Vice President of Crown Auto together with other representatives of Crown Auto and the sign company appeared on behalf of the application of Crown Auto Company for conditional use permit and for variance for pylon sign at its proposed location on Highway #13 in Barton McGray Addition providing for a 50' variance from 300' spacing requirement. The APC made no recommendation. Mr. Hedges indicated that the requirement would only be approximately a 25' variance. Gary Sauer of Barton McGray developers was also present. There was discussion concerning the Weiner -6- 6-7-77 King restaurant proposed between Crown Auto and Country Kitchen. The Council dis- cussed in detail the present ordinance and the fact that the developers of Barton McGray Addition were fully aware of the fact that the ordinance did provide the 300' spacing and suggestions that lower, smaller signs be used or combined signs between lots be used. Wachter moved and Smith seconded a motion to deny the variance for the foregoing reasons and because it appeared to be possible for the owner to fit the proposed pylon sign on the lot without a variance from the 300' provision, all members voting in favor; further RESOLVED that the conditional use permit for the sign be granted without the variance however. PATRICK MURPHY DISCOTHE2UE - CEDARVALE THEATRE. Mr. Patrick Murphy and Attorney Sidney Feinberg of Minneapolis appeared regarding the application of Patrick Murphy for conditional use permit for restaurant with on-sale liquor, dancing and gamerooms at the Cedarvale Theatre. The APC recommended approval in light of the fact that the applicants indicated that adequate parking could be obtained pursuant to the ordinance requirements from the owners of the Cedarvale Shopping Center. A letter from Dick Stryker was reviewed which indicated that after closing hours, the owners would grant adequate parking to the applicants. Other representatives of the applicant appeared and it was stated that the theatre has 40 parking spaces exclusively available. Wachter moved to approve the conditional use permit conditioned upon submission of adequate proof to the City's satisfaction of sufficient parking pursuant to ordinance requirements. Rahn seconded the motion and all members voted in favor. OAK CHASE FOURTH ADDITION - PRELIMINARY PLAT. 1s. James Frisbee appeared regarding the application for preliminary plat approval for Oak Chase 4th Addition. Mr. Frisbee reviewed in detail the proposal for dedication of park land in the area and stated that he would dedicate all required park land at the time of filing the 5th Addition plat. He suggested a more equitable solution to the dedication of the land plus payment of assessments in relation to dedication of cash in lieu -7- 6-7-77 of land by other developers. He renewed his intention, however, to dedicate all the land that had been agreed upon to be dedicated to the City on Wilderness Run Road. Wachter moved and Smith seconded the motion that the preliminary plat for Oak Chase 4th Addition be approved subject to an agreement being prepared providing that the land will be dedicated according to the City requirements (1) within 2 years from the present date (2) or that each lot along Wilderness Run Road intended to be dedicated be dedicated at such time as a portion of that lot is sold (3) or at the time of filing of the final plat, whichever is sooner. Mr. Frisbee stated that he would review the assessment issue with the Park Committee. SPERRY UNIVAC - SOFTBALL TOURNAMENT - TEMPOPARY BEER PERMIT. An application for a non-intoxicating malt liquor license applied from Richard T. Smith for Sperry Uuivac for 3.2 beer license on the Sperry Univac - Eagan softball field for June 18 and 19 was reviewed. The Police Chief recommended approval. Upon motion by Polzin, seconded yachter, all members voting in favor, it was RESOLVED that the application be approved. NORTHERN STATES POWER COMPANY TRANSMISSI011 LINE. The City Administrator and City Engineer reviewed with the Council a proposal of Northern States Power Co. for proposed reconstruction project of the transmission line from Rogers Lake in Mendota Heights to the Eagan substation on County Road #30 adjacent to Northview Elementary School. NSP proposed a new design single pole construction and the concern of the Eagan City staff is to allow enough easement rights for future road construction. NSP requires a 75' easement with 50' easement available at the present time. Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED that the City Engineer be authorized to review the feasibility of a collector street along the power line easement and to report back to the City Council. FISCAL CONSULTANTS. There was discussion concerninry a reruest from ?-'iller and Schroeder to review with the City a proposal of hiring a new fiscal consultant. -8- 6-7-77 Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED that the issue be delayed until the next meeting with a further report from the City Administrator. TRAILER PERMIT RENETIALS. A list of 23 trailer permit renewal requests was submitted by the Administrator for consideration by the Council. After review and upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the Building Inspector be directed to review each permit for compliance with the original permit terms and with the ordinance and report back to the Council. VINCE KENNEDY - HIGHWAY #13 and YANKEE DOODLE ROAD STORM SEUIER REQUEST. A request from Mr. Vince Kennedy the owner of property at the Northeast corner of Highway 413 and Yankee Doodle Road for a storr.. sewer study and also from the Department of Transportation running from the intersection Northwesterly due to the reconstruction at the intersection were reviewed. Wachter moved and Smith seconded a motion that both requests be forwarded to the City Engineer for preparation of a feasibility report. RIDGEVIEr,I ACRES AND JOLT KROFT ACRES ASSESSMDTT HEARING. Unon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED that the storm sewer assessment hearing be scheduled for July 13th, 1977 at 7 P.M. WEST PUBLISIMIG COMPANY - FIRST ADDITION. The final plat of West Pub- lishing Company 1st Addition was submitted for approval. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that it be approved and ordered executed. GUSTAVUS ADOLPHUS COLLEGE INTERN. Administrator Hedges reported that an intern had been offered by Gustavus Adolphus College for the summer months at a cost of $2M to the City of Eagan. He explained briefly one project that the intern would be working on consisting of a City history. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the request be approved and that the Administrator be authorized to engage the intern. -9- 6-7-77 CETA POSITIONS. City Administrator Hed°es reported that 15 positions had been approved for CRTA employees for the City of Eagan through the Dakota County CETA office. ELECTRICAL INSPECTOR. The City Administrator and City Building Inspector recommended that Bill Atkins be hired as the City Electrical Inspector after having reviewed requests being made by certain individuals for the position. Upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that Bill Atkins be hired by the City to att as the Electrical Inspector under the Electrical Inspection Ordinance. I11P. PROJECT HEARINGS. Upon motion by Rahn, seconded Wachter, all Members voting yes, it was RESOLVED that the following preliminary reports submitted by the Engineer be and they are accepted and that public hearings be scheduled for July 5, 1977 at 7 P.M. at the City Hall: 1. Project #208 - Wilderness Park 2nd Addition utility improvements. 2. Project #211 - Marell Addition utility and street improvements. 3. Project #210 - Wilderness Run Road utility and street improvements. WESCOTT ROAD PLANS. The City Engineer submitted the plans for TtTescott Road improvements consisting of Project #195. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the plans and specs be and they hereby are approved and that the Clerk be authorized to advertise for bids to be open on Ilednesday, July 13, 1977 at 3 P.M. at the City Hall. BLACKHAWK HILLS SECOND ADDITION. The plans and specifications for Blackhawk Hills 2nd Addition utility improvements consisting of Project #204 were next reviewed. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the plans and specs be approved and that the Clerk be authorized to advertise for bids for opening on July 14, 1977 at 3 P.M. at the City Hall. CEDAR RIDGE ADDITION. Upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED that the plans and specifications submitted by the -10- 6-7-77 City Engineer covering Cedar Ridge Addition consisting of Project #198A be and they hereby are approved and that the Clerk be directed to advertise for bids which will be opened on July 14th, 1977 at 3 P.M. at the City Nall. CEDAR GROVE BAPTIST CHURCH ASSESSHENT APPEAL. The City Atty. reported concerning the recommendation of the Assessment Committee to settle the assessment appeal brought by Cedar Grove Baptist Church regarding water assessment Project No. x`179. It provides for assessment for water lateral on the long side in the case of Public Facilities property with a credit of double the 150' side lot allowance or total credit for the short side if less than 300'. Upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the Council hereby adopts the recommendation of the Assessment Committee and that the assessment appeal scheduled for trial in Dakota County District Court on July 14th be and it hereby is agreed to be dismissed on the foregoing basis. Upon motion duly made and seconded, the meeting adjourned at approximately 12:30 P.M. PHH DATED : I' 7 Esi 77 -11-