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12/16/1975 - City Council Regular • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA December 16, 1975 A regular meeting of the City Council was held on December 16, 1975 at the Eagan City Hall at 6:30 p.m. Those members present were Wachter, Poizin, smith, Rydrych and Rahn. Also present were Rosene, Bolke and Hauge. BOARD OF APPEALS AND ADJUSTMENTS. Members present were only the Council. At 6:30 p.m. Mayor Poizin convened the meeting of the Board of Appeals and Adjustments to consider the application of David M. Gabbert for variance regarding street grades for proposed Ches Mar Addition. it was noted that a variance from 82 to 99 on a portion of Ches Mar Drive was requested. The attorney for Mr. Gabbert, Mr. John Bouquet, was present and the attorney for the Wilderness Run Home Owner's Assoc., Patrick Farrel, was also present. Because the variance issue was closely associated with the application for zoning and platting of the subdivision, the Mayor announced that the consideration by the Board of Appeals would be adjourned until later in the meeting. COUNCIL MEETING. At 6:40 p.m., the Mayor convened the Council meeting and after the Pledge of Allegiance, upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the minutes of the previous meeting be approved as distributed. EAGAN LIABILITY INSURANCE. Bruce Medvec of Valley Insurance, inc., the liability agent for Eagan, appeared and presented proposals for liability insurance coverage as follows: A. Public officials including elected and appointed. B. Law enforcement professional liability policy; and C. Rescue squad attendant mal-practice insurance. It was noted that at the present Eagan does not have coverage under any of those areas. After discussion they determined to study the matter further. FIRE DEPARTMENT. There was no Fire Department business^ . . . . IIIUTILITY DEPARTMENT. Dill Branch appeared for the Utiltty Department. I. Warataheuse attendants. Mr. Branch submitted a 3ist of recannended persons as warming house attendants for the 1975-76 season and indicated that two of the persons have relatives who are appointed or salaried persons with Eanee. Upon motion by Wachter, seconded Polzin, all members voting in favor, it Wa3 msoLvED that the recommendations be approved and authorized to be hired. 2. Storm sewer - Highway_#13. Mr, Branch recommended that a feasethility study be ordered and prepared by the City Engineer covering storm sewer in the Cedar Indus- trial and Terminal Drive areas between Highway #13 and the Seneca Waste Treatment Plant. He was concerned about washouts in the general area. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED to order the City Engineer to prepare a feasibility study and report back to the Council. 3. Storm sewer - RiveplEtje area. Mr. Branch indicated that there are eeeleue erosion problems in the area East of Rivergate, West of Coachman Road and North of Fox Ridge and recommended a feasibility study in that area for approximately a 200 to 300° storm sewer extension. Unon motion by Wachter, seconded Rydrych, all members voting in favor, it as RESOLVED that the Engineer be directed to prepare a feasibility study. PARK COMMITTEE. Myrel Lundsten appeared. Ms. Landsten indicated that the ...............n Pollution Control Agency is holding hearings concerning regulations for disposing of diseased trees and recommended that a letter from the City Council be forwerdcd to the PCA proposing certain aspects of the proposed regulations regarding burning, local issuance of burning permits and fenced areas for burning. Upon motion by Rydrych, seconded Wachter, it was RESOLVED that the Park Committee be authorized to forward such a letter. All members voted yes. 111 POLICE DEPARTMENT. Martin DesLauriers appeared. Chief DesLauriers indicated that Maureen Martin had resigned as a part-time dispatcher and recommended that Diane Barti be hired to replace the resignee as a part-time dispatcher. Upon motion -1. by Wachter, seconded Rahn, it was RESOLVED to accept the resignation and authorise IIIthe hiring of Diane Bard according to the recommendation. All members voted yea. BUILDING PERMITS. 1. Montessori Sign application. A representative of the applicant for Montessori School appeared and requested a sign permit for the Montessori located in Pilot Knob School which sign would be located on the Southwest corner of Pilot Knob Road and Lone Oak Road. The 4' x 8' sign would be on property zoned R-3 and mould require a variance. The applicant indicated that she would submit an application for variance. 2. Sign permit - Condor Corporation. The application of Condor Corporation for renewal of its temporary sign permit at 4890 Cedar Avenue South was withdrawn at the request of the applicant. 3. y Shoe Building & Sign Permits. A representative of Caswell Engineer- ing appeared and requested a building permit for Kinney Shoes on Lot 2, Block 1, Barton McGray Addition. The APC recommended approval. Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED to approve the building permit application subject to final approval by the Building Inspector, an appro- priate landscape plan and ordinance conformance. A request for sign permit was not acted upon as it does not conform with the proposed sign ordinance. CHES MAR ADDITION. The application of David Gabbert to rezone the Southwest quarter (8111/4) of the Southwest quarter (SWWa) and the South one-half (S12) of the NOVA of the SW14 in Section 27 Northeast of Cliff Road and Pilot Knob Road from R-3 and R-4 to Rea and R-2 preliminary plat approval of Ches Mar Addition and variance for street grades were next considered concurrently by the Board of Appeals el the City Council. It was noted the APC recommended approval of all applications eebject IIIto certain conditions. Mr. Gabbert appeared and reviewed the proposal. Mr. Fare' requested a continuance of the applications until the next regular meeting to -3- provide the Homeowner's Assoc. additional time to review the issues involved. The Council determined that it would permit the applicant to make his presentation and further acknowledged receipt of the petition from the Wilderness Run Woods Homeowner's Assoc. Mr. Gabbert's presentation included the following: 1. Indicated that there was an agreement with the owner of the access road land to Cliff Road for an adequate amount of right-of-way and that a petition would be submitted for improvement of the roadway in the future. 2. Staging. Mr. Gabbert indicated that there would be two phases, the first to begin in the Spring of 1976 including the lots along Pilot Knob Road and 10 lots to the North and the balance of phase 2 to be developed at the time that access to Cliff Road is provided. 3. Erosion problems. Mr. Gabbert indicated that the control of the silt in the development and potentially into lakes would be reviewed and approved by the City. 4. He stated that it is preferable to have access to the North on Ches Mar Drive and discussed two alternates with cul-de-sacs on the North end of Ches Mar Drive with access to Pilot Knob Road indicating that each required considerable fill along Thomas Lake. Mr. Gabbert reviewed several exhibits including cross- sections of streets and the overall development. 5. There was discussion concerning potential loss of trees and cuts and fills with an 8% grade on Ches Mar Drive. 6. Park Dedication. Mr. Gabbert indicated that the park peninsula would be dedicated to the Home Owner's Assoc. or to the City and understood that the Park Committee would not recommend acceptance of the peninsula for park purposes. 7. There ties discussion concerning the current zoning permitUng a higher density in the area and the down zoning under the application. 8. Mr. Gabbert requested that cash donations for park purposes be made at the time each building permit is acquired rather than at the time the final plat is filed. -4- • 9. Mr. Gabbert further requested that the improvements for utilities and streets normally installed by the city would be requested and that the property be assessed for the improvements. Numerous neighboring owners were present including Bill McKay who made a presen- tation. Mr. Rosene reviewed the preliminary study of Thomas Lake and submitted a layout. There were questions concerning lake levels and possible water problems including the Northwesterly pond. Mr. Rosene indicated that storm sewer laterals in the development would help to resolve the water problem for the Trojan property in Wilderness Run Addition. Mr. McKay questioned aspects of the dedication of parks and reviewed certain minutes of the Advisory Park Committee. He further warned of a potential drainage problem including siltation in the lakes and reviewed the road grade issues. Mr. Steven Hundly of the USDA Soil Conservation Service in Dakota County appeared IIIand reviewed a detailed soil survey including an exhibit indicating types of soil in the proposed Ches Mar Addition. He indicated that some soil conservation mc:;thod. may be required for development of portions of the plat. Mr. Carlson was present and explained the proposal for dedication of the 9 acre Northeast glacial pothole and the 6 acre Thomas Lake peninsula at the time of the rezoning to R-3 and R-4. Myrel Lundsten of the Park Committee explained the reasons and background for the proposed dedication of park land for the entire 160 acre quadrant. She gave reasons why the Park Committee determined that coo would be accepted for Wilderness Run 1st and 3rd Additions and for the Ches Mar Addition including the fact that the 28 acre well site property had been acquired since the R-3 and R-4 zoning had taken place. After approximately 2 hours, upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLV70 that consideration of the applications including that for zoning, preliminary plat approval and for variance both by the Board of Appeals and the City Council he -5- continued to January 13, 1976 at 7:30 p.m. It was suggested that a layout of park IIIusage on the well site be provided for the Park Committee and also for the City Council at its next meeting. JEAN PARRANTO - LANDSCAPE PLAN - CEDARVALE OFFICE PARK. The Council briefly reviewed the recommendation of the APC regarding landscape plans relating to the application of Jean Parranto for building permit on Lot 12, Cedarvale Office Park. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the Building Inspector review the proposal with Mr. Parranto and that a final landscape plan be returned to the City Council for final approval. WINE ORDINANCE NO. 64. The Council next considered the proposed draft sub- mitted by the City Attorneyregarding Ordinance #64 governing on-sale wine licenses for restaurants in the city. Several revisions were made including an increase from a minimum of 25 seats to 40 seats. The bond was set at $2,000 with a license IIIfee of $500 for the regular license and $100 for a Sunday license; public liability insurance limits are the same as under the liquor ordinance and liquor liability insurance would not be required. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the ordinance be adopted and ordered published. ITALIAN PIE SHOPPE & WINE LICENSE. The application of Jerome DeGidao for on-sale wine license for The Italian Pie Shoppe and Winery on 1438 Yankee Doodle Road was striken for lack of submission of an application. PUMP HOUSE NO. 4 - PLANS AND SPECS. The City Engineer submitted plans and specs for P• nphouse No. 4 & .upon motion by Polzin, seconded Rydrych, all members voting yes, it was RESOLVED that the plans and specs be accepted and approved and that the Clerk be authorized to advertise for bids to be opened on February 3, 1976 IIIat 3:00 p.m. at the City Hall. COTeT-TRACTS FOR DEEP WELL NO. 4 & PUMP. The City Attorney submitted two sets of contracts covering Deep Well No. 4 with Bergerson Caswell, Inc. and the pump -6- with Layne Minnesota, Inc. and recommended approval and execution. Upon motion by IIIWachter, seconded Smith, all members voting yes, it was RESOLVED that both contracts be approved and ordered executed. WOODGATE let & 2nd ADDITION BONDS. A recommendation from the City Engineer concerning reduction in the amount of development bonds for Woodgate 1st and 2nd Additions was discussed by the Council and it was recommended that a determination as to whether the Park Committee desire that the trails be dedicated to the City for maintenance purposes. In addition, there are some ponding easements that require dedication. ORDINANCE NO. 46 - TREE ORDINANCE AMENDMENT. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that a draft of an amendment to Ordinance No. 46 concerning trees submitted by the City Attorney be approved and ordered published. III PROJECT NO. 79 - WESTLUND CONSTRUCTION COMPANY. A recommendation by the City Engineer for.payment of the final pay estimate of $2,220.50 to Westlund Construction Co. for park project #79 was submitted and upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the final pay estimate be approved, and ordered paid. PROJECT NO. 66 - BASSETT PROPERTY. The City Engineer submitted a feasibility report covering Project No.166 regarding sewer and water extensions to the Bassett property area attheSouthwest corner of the city upon the request of Mrs. Bassett. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the preliminary report be accepted and that a hearing date be scheduled for February 17, 1976 at 7:00 p.m. at the City Hall. SEWER AND WATER SERVICE RATE ADJUSTMENT. The City Engineer submitted proposals for changing sewer and water service rates for 1976 in the City. Slight modifi- cations were made reducing the minimum charge and upon motion by Wachter, seconded Rydrych, all members voting in favor it was RESOLVED that the rate proposals as -7- amended be adopted beginning January 1, 1976 according to the City Engineer's IIIletter of December: 16, 1975. A detailed rate study report was also submitted. MWCC METRO INTERCEPTORS. The City Eng. and City Atty. reviewed with the Council a recommendation for requesting the MWCC to designate the zoo trunk sanitary sewer line and the sanitary sewer trunk line running to Inver Grove Heights as metro interceptors. It was noted that a change in the criteria for designating metro interceptors will be made, effective January 1, 1976. Upon motion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED that the City Atty. be authorized to prepare a letter and resolution to be forwarded to the MWCC requesting the two sanitary sewer trunks mentioned above be designated metro interceptors. ADVISORY PARK COMMITTEE APPOINTMENTS. The terms for Grant Lundberg, Faye Cooper, and Dale Everson will expire as of January 1st. It was noted that each indicated IIIan interest in being reappointed to the committee. Kathleen Beck also requested that she be appointed to the committee. After secret ballot, the following were elected for regular terms on the Park Committee: Faye Cooper, Dale Everson and Kathleen Beck. ADVISORY PLANNING COMMITTEE APPOINTMENTS. It was noted that the terms for Leo Murphy and Irvin Helmken will expire as of January 1, 1976. Kenneth Hedtke submitted a request to be appointed and was present at the meeting. Robert Losinski also was nominated. Upon secret ballot, the following persons were appointed for a regular term on the Planning Committee commencing January 1, 1976: Leo Murphy and Kenneth Hedtke. HILLANDALE PARK AGREEMENT. Upon motion by Smith, seconded Polzin, it was RESOLVED that an agreement prepared by the City Attorney regarding an extension of time for payment by Beure' Co. for Hillandale park dedication was approved and IIIordered signed. All members voting in favor, except Rahn who abstained. -8- YANKEE DOODLE ROAD SEMAPHORE. A letter from Dakota County Eng. , James IIIGabiou recommending that a semaphore which had been requested through the City Council to be installed on Yankee Doodle Road at Highway #49 if Eagan can acquire the necessary right-of-way from Gopher Smelting Co. The Eng. was requested to contact Gopher Smelting. YANKEE DOODLE ROAD - TERMINAL DRIVE & HIGHWAY #13 INTERSECTION. A letter from the Minnesota Highway Department requesting that the City of Eagan acquire additional right-of-way to improve the intersection at Terminal Drive and Highway #l3 was.next considered. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the City Atty. be authorized to negotiate with the owner of the property additional right-of-way needed for the upgrading of Highway #13. I35E and 1494 HEARING. The City Atty. indicated that a hearing in Ramsey County District Court has been scheduled for January 6, 1976 to consider the mandamus IIIpetition by several Dakota County municipalities relating to I35E and I494. It was noted that Apple Valley has agreed to contribute toward costs of the action. EAGAN FIRE RELIEF ASSOCIATION FUNDS. The Eagan Fire Relief Assoc. requested advice from the City Council concerning investment of approximately $25,000 in funds being held by the Association. After discussion and upon recommendation of the Relief Assoc., upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED that the Council approve the investment of funds in Bank C.D. °: on a 4 year basis to be divided into several portions. TRANSPORTATION ADVISORY BOARD. Councilman Wachter indicated that the Transportation Advisory Board will take final action on its recommendations regarding interstate highways in the area on December 17 and that the full Metro Council will act on January 8th. He recommended a resolution from the City Council favoring the recommendations made earlier to be forwarded to the Environmental Transportation Committee of the Metropolitan Council and Metro Council. Upon motion -9- - • . . by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that such 111 a resolution be forwarded as suggested. ZOO TRUNK ASSESSMENT APPEALS. City Attorney, Paul Hauge, indicated that the trial dates in the Dakota County District Court for the Dakota County and William Almquist assessment appeals regarding the zoo sanitary sewer trunk now scheduled for January 27, 1976. He requested that the Council authorize the hiring of an appraiser for the City of Eagan. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that an appraiser be hired for the assess- ment appeals. DNR HEARING. The City Engineer reviewed a notice of hearing before the Depart- - ment of Natural Resources concerning granting of permits for changing public water courses. The City Engineer was authorized to attend the hearing on behalf of the city and report back to the Council. III WILDERNESS RUN AREA DEVELOPMENT CONTRACTS. The City Atty. submitted three separate contracts regarding improvements in Wilderness Run 1st, 2nd, 3rd and 4th Additions and Wilderness Park Addition which have been now signed and submitted by the developers including letters of credit. Upon motion by Rydrych, seconded Rahn, all members voting in favor, it was RESOLVED that the development contracts be approved and ordered signed by the appropriate officials. SPECIAL MEETING - DECEMPER 20th. Upon motion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED that a special meeting of the City Council be scheduled for 9:00 a.m. at the City Hall. BILLS. 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: #453 through #465 #2053 through #2191; #3255 through #3436. The meeting adjourned at 12:00 p.m. II December 16, 1975 „,ey 4 '? k,,L. .40'-