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11/01/1977 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 1, 1977 A regular meeting of the Eagan City Council was held at 6:30 p.m. on November 1, 1977 at the City Hall. Present were Mayor Polzin, Councilmen Rydrych, Smith, Rahn and Wachter. Also present were City Engineer Robert Rosene, City Clerk Alyce Bolke and City Attorney Paul Hauge. MINUTES. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the minutes of the Eagan City Council of October 18, 25 and 26, 1977 be and hereby are approved as distributed with the exception that the October 18 minutes on page 3, relating to the Reid property, be changed to reflect that the trunk sanitary sewer main should read lateral sanitary sewer main. POLICE DEPARTMENT. 1. Martin DesLauriers appeared and recommended that the low bid of Wilroy Ford for the purchase of a 1978 police car in the sum of $5,527.04 less 1976 Ford trade-in of $1,350.00 for a low bid of $4,177.04 be purchased. Upon motion by Wachter, seconded Smith, all members voting yea, it was RESOLVED that the low bid of Wilroy Ford be accepted and approved. 2. Police Facility Excavation. Mr. DesLauriers recommended that the bid of Knutson Excavating Company as a sub-contractor of Henry 0. Mickelson as the prime contractor on the police facility for the excavation and stock piling'of 2,000 to 4,000 cubic yards at $1 per yard be approved. Upon motion by Smith, seconded Wach- ter, all voting in favor, it was RESOLVED that the bid be approved. 3. Police Facility Ground Breaking. Chief DesLauriers announced that the ground breaking for the new police facility will be held at 11:00 a.m. on Friday, November 4 and invited all Councilmembers to be present. PARK COMMITTEE. Barbara Schmidt was present and reviewed the list of three bidders on the 1977 Park Improvement Project ,1215. The City Consultants and the Park Director recommended rejection of all bids because they were considerably above -1- 11-1-77 the estimates, and indicated that the contractors are very busy at this time of year and don't need additional work. Rahn moved and Wachter seconded the motion to accept the recommendation to reject all bids. All members voted in favor. WILDERNESS RUN 5TH ADDITION. The developers of Wilderness Run 5th Addition had requested that the development bond covering utilities and streets in that addition be released and that the utilities and streets be accepted by the City. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the request be approved. ZOO TRUNK INTERCEPTOR/EASEMENT. City Engineer Rosene reported that Mr. Richaxi Stherer, Cliff Road, requested that because the sodding had not been adequate on his property due to construction of the Zoo Trunk Interceptor that an additional $1,050 be paid by the City to correct the sodding problem and that in addition, $450 agreed upon for the easement be approved for payment to Mr. Scherer. Polzin moved and Rahn seconded a motion with all members voting yea to approve the recom- mendation and authorize the payment. WILDERNESS PARK 1ST ADDITION DEVELOPMENT BOND. The developer of Wilderness Park lst Addition requested that the development bond be reduced from $53,840 to $11,925. The City Engineer recommended reduction and further, that the streets and utilities be accepted for maintenance by the City. Upon motion by Smith, seconded Wachter, all members voting yea, it was RESOLVED that the bond be reduced as described and that the streets and utilities be accepted by the City. KYLLO LANE VACATION HEARING. The Mayor convened the public hearing concerning the vacation of a portion of Kyllo Lane, and Mr. Howard Kyllo appeared on behalf of the applicant. The platted area would be between ion Kroft Acres and Ridgeview Acres consisting of 262 feet on a dead end street. There were no objections to the vacation. There was discussion, however, that the utility easements be reserved in the street, and upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the vacation of the street be approved subject, however, to reservation or grant of the necessary utility easements in the street as ..2- 11-1-77 determined by the City Engineer. TAX ABATEMENT. John O'Toole of the Dakota County Assessors Office appeared and recommended the reduction in the market value of the Olson property consisting of an 11.22 acre parcel from $37,000 to $30,900 market value. It was noted that an error in acreage had been male by the Assessor's Office. Rahn moved and Rydrych seconded a motion with all members voting in favor to approve the abatement. DUCWOOD DRIVE - PROJECT #219. The Mayor next convened the hearing concerning Improvement Project #219, Duckwood Drive Street Improvements West of Lexington Avenue. John Klein appeared for the developer. City Engineer Rosene explained the project and indicated the 24--foot semi-rural cross section is recommended at the present time with widening in the future. It was understood that the right of way will be dedicated without charge to the City. It was noted that all of the area on the North side was zoned R-4, and it was noted that the project had been scheduled for hearing only if all of the improvements at the present time would be assessed against benefited property. Estimates of the total cost of present improvements were made. Mr. Klein indicated that the developer of Duckwood Estates would not object. Mr. and Mrs. Geefer, the owners on the South side of Duckwood Drive, were present and stated they had no objection to the assessments or to the project. The developer of Duckwood Estates requested that the assessments be spread over a 15- year period. Members of the Council suggested that the Duckwood Estates area be rezoned to R-1 to avoid confusion for assessment purposes in the future. Polzin moved and Wachter seconded a motion to order in Project #219; further,that the City Engineer be authorized to prepare the plans and specifications; it was understood however, that all costs of the project under Phase 1 at the present time would be fully assessed against the benefited property and that the right of way would be acquired at no cost to the City. PROJECT #220 - SANITARY SEWER TO REM PROPERTY. The continued hearing con- cerning Project IWO was next convened. A revised report covering Project #220, dated November 1, 1977, providing for the spread of the cost of the jacking of these -3- 11-1-77 trunk laterals across Pilot Knob Road be assessed in the future over potentially benefited property was distributed to the Council. The Reids were present.and had no objection to the project, and there were no further objections. Wachter moved and Rydrych seconded a motion to approve and order in the project and to eliminate the sodding in the estimate; further, that the cost of the jacking be spread over the future benefited area with the further understanding that the seeding or sodding will be done under the supervision of the City Engineer. PROJECT #217 - EAGAN HILLS 1ST ADDITION. The next public hearing concerned the sanitary storm sewer, water and street improvements in Eagan Hills 1st Addition. Mr. Rod Hardy appeared for the developer of the property, consisting of approximately 80 acres. Other neighboring property owners appeared,but there were no objections. The Beautiful Savior Lutheran Church property on County Road #31 would also be assessed under the proposed project. The City Engineer explained the project. After questions from members in the audience, upon motion by Polzin, seconded Wachter, all members voting yea, it was RESOLVED that the project be approved and ordered in and that the Engineer be authorized to prepare plans and specifications and further, that the Engineer be directed to re--check the computations in the preliminary report, including those that relate to assessment policies for storm sewer purposes. DELAWARE HILLS - PROJECT #218. The next hearing which was convened by the Mayor regarding Project 4218, consisting of sanitary sewer, storm sewer, water and street improvements to South Delaware Hills Addition, South of Highway 455. Richard Parranto appeared on the behalf of the developer. There was no objections to the project. The City Engineer explained the project in some detail including the phasing of the improvements. Park Committee representatives indicated they were concerned about the fact that there would be no flat developable park land in the area in that the City of Inver Grove Heights has not committed itself to develop flat park land in Inver Grove Heights adjacent to the South Delaware Hills area, -4- 11-1-77 Smith moved and Wachter seconded a motion to continue the hearing until the next regular City Council meeting and refer the park issue to the Park Committee for review and recommendation. All members voted yes. CLIFF ROAD REVISED PLANS. Robert Sandeen and Gary Erickson of the Dakota County Engineer's Office appeared and again reviewed the most recent proposal for the pro- posed improvements on Cliff Road near Johnny Cake Ridge Road, including provision- for a pedestrian way on the South side of Cliff Road. It was noted there were no changes on the North side and provision for the inclusion of a trail on the South side was indicated on the plan. There would be a proposed 5-foot cut at Johnny Cake Ridge Road and a cut of about 1,000 feet total near the intersection. Generally, the owners along the South side appeared receptive to the new plans but inquired as to the method of assessment for the road and the trail on the South side. Charles Lowrey, the Dakota County Park Director, appeared and indicated the County Board had authorized an application for Federal funding for a trail along Cliff Road and on Johnny Cake Ridge Road. Councilman Wachter suggested that a bill be submitted to the 1978 Legislature for state funding for Cliff Road improvements, and there was considerable discussion concerning the method of financing a bike trail on the South side in particular. It was noted that the County was only bringing the design changes to the Council and requested approval of the changes in design. Polzin moved and Rydrych seconded a motion with all members voting in favor to approve the design as presented on November 1st to include the provision for acquisition of trail area on the South side, but with the understanding that the trail would not be constructed at the present time, and further, to support the County Board's application for funding for trail acquisition and construction. It was also requested that the oaks along the South side of Cliff Road in the immediate vicinity be attempted to be preserved if at all possible. LANGHOVEN ADDITION REZONING. The application of Donald and Doris Narveson to rezone Lots 9 and 10 from R-1 to R-2 was next considered. The Narvesons were not -5- 11-1-77 present and the matter had been continued from an earlier meeting to permit the applicant to determine whether to proceed with the rezoning in light of the request of the City for improvement of the street. The Council continued the matter again until the next meeting for lack of appearance by the applicant. PIZZA INTERNATIONAL, INC. 3.2 BEER AND WINE LICENSE. Mr. Thomas Bluth and Larry Gensmer appeared on behalf of the application of Pizza International, Inc. for a special permit in an industrial area and for an an and off-sale'3.2 beer license and wine license on Lot 1, Block 1, Cedar Industrial Park adjacent to the Power Tool property. The applicants indicated that the 4.5 acre parcel would have access to Highway #13 by a 40-foot private easement adjacent to Highway #13. The proposed building would include an office and restaurant. The State of Minnesota is expected to acquire 1.7 acres of the property, and it appeared the only logical outlet would be through the private easement to Senneca Road. Because the lot had been platted without direct access to a public stree, there was no further action on the public street access issue. There was concern however, about permanent maintenance of the private easement and also concern regarding traffic congestion at Senneca and High- way #13. Rahn moved and Rydrych seconded a motion to approve the special permit for the on and off-sale of 3.2 beer license and the on sale wine license which licenses are effective January 1, 1978. ROSE KYLLO - WAIVER OF PLATTING. The application of Rose Kyllo to waive the platting requirements covering the North part of Lot 1, Jon Kroft Acres, was next presented. A preliminary design of a replat of portions of Lots 1, 2 and 3 of Joh Kroft Acres was submitted to the Advisory Planning Commission, and Howard Kyllo, who was present at the Planning Commission, indicated he would consider Estate zoning in the future. Although the Councilmembers indicated that they ordinarily would not permit the subdivision without platting the property, it was understood that the platting would take place in the future. Wachter then moved to approve the application with the condition, however, that no future building permits would be -6- 11-1-77 permitted on the lot until the area is fully platted and specifically subject to the recommendations of the Advisory Planning Commission. Rahn seconded and all members voted in favor. JACK LOEWEN - COUNTRY HOME HEIGHTS WAIVER. The application of Mr. Jack Loewen for waiver from the platting requirements in order to subdivide Lot 2, Block 1, Country Homes Heights Addition into two lots was next presented. The applicant was not present at the meeting, and it was noted that the APC recommended denial. It was further noted that an earlier application to subdivide a lot in Country Home Heights Addition had been denied and further, that private covenants exist in the Addition. After considerable discussion concerning reasons for denial and review of the Advice sory Planning Commission's motion, Polzin.mmoved and Wachter seconded a motion to deny for reasons including those given by the Advisory Planning Commission, the fact that there are private covenants in the subdivision, neighborhood opposition, that there is no undue hardship under ordinance No. 52, and that Country Home Heights Addition has been designed for large lots, and it appears to alter the character of the subdivision. Those in favor were Polzin, Rahn and Wachter; those against were Smith and Rydrych, and the motion prevailed. METRAM PROPERTIES REZONING AND PRELIMINARY PLAT. The application of Metram Properties to rezone part of Government Lot 6 in Section 17 at the Southeast inter- section of Highway #13 and Silver Bell Road was next discussed. The architect for the project was present and stated that the project would include a 40,000 square. foot one-story neighborhood shopping center building on a 6.4 acre parcel with 244 parking spaces. There were some storm water run-off problems noted, and the devel- oper proposed to grant an easement to Eagan for the pond along Highway #13 without cost to the City. There were no objections to the application. There were also concerns regarding traffic along Silver Bell Road and Highway #13, and it appeared that the State Highway Department would not grant access to Highway #13. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the appli- cation to rezone from GB-General Business to NB - Neighborhood Business for a -7- 11-1-77 convenience-type shopping center be and hereby is approved. Upon further motion by Polzin, seconded Rydrych, all members voting in favr:or, it was RESOLVED that the preliminary plat as submitted by the applicant be and it hereby is approved subject to the recommendations of the Advisory Planning Commission. ANTIRECESSION SPECIAL REPORT FORM. The City Clerk submitted a form covering antirecession funds and recommended approval. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the form as presented by the Clerk be approved and ordered executed. LEAN, INC. LANDSCAPE BOND. A request of Mr. Elmer Scott to release the land- scape bond of $1,000 for the Lean Restaurant on Highway #3 was next discussed. It was noticed that the improvements specified by the Council on January 4, 1977 had not been completed according to the Building Inspector., It was recommended that the landscape bond not be released. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the bond not be released and that the Building Inspector report back to the Council upon completion of the improvements. SPECIAL MEETING OF THE COUNCIL - ELECTION CANVAS. Upon recommendation of the City Clerk, and upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that a special meeting of the City Council to canvas the election results be scheduled for November 10, 1977 at 5 p.m. at the City Hall. WEST PUBLISHING COMPANY - PROJECT #196A. The contract for Improvement Project #196A consisting of utility improvements for the West Publishing Company area was presented by the City Clerk. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the contract be approved and ordered signed. DUCE400D DRIVE STREETS - PROJECT #219. The City Engineer submitted the plans and specifications for Duckwood Drive street improvements and recommended that the Clerk be authorized to advertise for bids. Upon motion by Wachter, seconded Smith, all members voting yea, it was RESOLVED that the plans and specifications be accepted and approved and the Clerk be authorized to advertise for bids to be opened on. 11-1-77 December 2, 1977 at 3 p.m. at the City Hall. KENEALLEY CREEK STORM SEWER AREA. A letter from Mr. Ron Harnack of the Depart- ment of Natural Resources to the City of Eagan suggesting a re--routing of Eagan's storm sewer in the Cedar Avenue area emptying into the Kenealley Creek was reviewed. The estimated cost would be $7,800 to the City of Eagan. Because of the implications for the trout stream in the area, City Engineer Rosene was requested to review the issue and to present a recommendation at the next meeting. MN/DOT LETTER RE HIGHWAY I-494 AND HIGHRAY #13. A letter from Merritt Linzie of District 9 MN/DOT regarding a study of the proposed interchange of I-494 at Trunk Highway #13 versus Pilot Knob Road was next reviewed. Counailmembers suggested that a committee to study the issue be appointed by the Mayor with representatives from various interests, including an outline of the objectives and purposes of the committee. The Mayor was requested to submit a list of members for such a committee at the next meeting, MN/DOT LETTER RE I-35E. A letter from Mr. James Harrington, the Commissioner of the Minnesota Department of Transportation, to Sandra Gardebting, the Director of the Polution Control Agency, regarding I-35E in the area of Blackhawk Lake was dis- cussed by Council members. Smith moved and Polzin seconded a motion with all members voting in favor to accept and acknowledge the letter from MN/DOT and endorse the contents of the letter on behalf of the City of Eagan. WILDERNESS RUN 6TH ADDITION SNOW PLOWING. A letter was submitted from Mr. Robert Tilsen, the developer of Wilderness Run 6th Addition, requesting the City to snow plow certain streets according to the layout presented. The matter was referred to the Public Works Supervisor for recommendation. HUD COMPLIANCE FORM. Smith moved and Wachter seconded a motion that a HUD Compliance Form submitted by the City Clerk be authorized for approval and execution. All members voted yes. WILDERNESS PARK 2ND ADDITION. A request from the developer of Wilderness Park 9- 11-1-77 2nd Addition that the escrow funds for park dedication purposes for Wilderness Park 2nd Addition be paid at the time of each building permit was next discussed. Wach- ter moved and Polzin seconded a motion to deny the request because of administrative problems, the precedent that would be set in starting a policy of this nature in that subdivision, and the possible confusion by future buyers of the residential lots. It was noted that there are no other subdivisions where this type of escrow was permitted to be paid at the time of grant of building permit requests. ORDINANCE NO. 9 AMENDMENT. A letter from Mr. Edward Parranto requesting an amendment to Ordinance No. 9 concerning shooting on private land in the City was read by the City Clerk. The Councilmembers generally disagreed with the change recommended by Mr. Parranto, and no action was taken. ENERGY COMMITTEE MEETING. Mayor Polzin and City Attorney Hauge discussed with the Council a meeting of the Energy Committee held on November 1, wherein a resolu- tion was adopted by the Energy Committee recommending that the City Council invite representatives of Minnegasco and Peoples Natural Gas Company to a meeting to dis- cuss the potential takeover of the Eagan area by Minnegasco. The Energy Committee adopted a resolution to invite Minnegasco to serve the Eagan area not presently served by Peoples Gas Company or in the alternative, that Minnegasco be requested to acquire the facilities of Peoples Gas Company in Eagan. It was noted that oral arguments before the Public Service Commission will be held on November 8. The general con- sensus of the Council was that the new members elected to the City Council on November 8 should be permitted to take part in the decision regarding the future of the gas franchise in the City. There was discussion whether to adopt an ordinance regarding Peoples franchise pursuant to the notice of default sent to Peoples Gas Company in early 1977. No action was taken by the..Couucil. EAGLES NEST HOME. At the request of Mrs. Elizabeth Bassett, upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED That the City Council authorize a letter to be sent to Mrs. Elizabeth Bassett on behalf of the -10- 11-1-77 Eagles Nest Home, that the home proposed to be constructed on Rahn Road complies with the zoning requirements of the City. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the bills according to the following schedule be ordered paid: 5186 5257; 7786 7949. The meeting adjourned at approximately 12:00 p.m. PHH DATED:- 11177 _ City Clerk - 11-