Loading...
1982-02-02 Council minutesPage No. 1607 February 2, 1982 4. Acknowledgement of the Code Enforcement Officer's monthly report for January. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 CASE #81-40,AMERICAN Mr. Charles Toomey, owner of the Standard Oil Station at 2030 OIL COMPANY, VARIANCE Dodd Road, was present-to request Council approval to install a 6 foot 6 inch, by 5 foot 6 inch changeable gas price sign on the existing pylon standard located at the gas station _� site. Mr. Toomey stated that it is proposed to install the sign so that the bottom of the sign is 10 feet above the ground level and facing in the same direction as the existing Standard sign. Mr. Toomey advised the Council that if the sign is approved, he will remove all other advertising signs from the site. Mayor Lockwood pointed out to the Council that there is no variance to the sign size required if all other signs are removed, since the total area of both the Standard sign and the newly proposed sign is 95.5 square feet and the ordinance allows 100 square feet of sign area. He pointed out that the City's Zoning Ordinance requires that signs on pylons be placed a minimum of 14 vertical feet from the bottom of the sign to the ground. Mr. Toomey advised the Council that the pylon is not located within a driving area and would therefore create no vehicular safety problem if placed at 10 feet rather than 14 feet In response to a question from Mayor Lockwood, the City Clerk advised the Council that the existing pylon location was approved by the City Council in 1965 and met the City's setback requirements at that time. Therefore no setback variance is required. Councilman Mertensotto asked Mr. Prokop if he had advised the developers of Crown Point of the problem, and pointed out to Mr. PrPkop, that he must comply with the protective covenants. He advised Mr. Prokop that the City has no jurisdiction over the Councilman Losleben moved approval of a four foot variance from the 14 foot minimum sign height requirement, to allow install- ation of a gas price sign in accordance with the plan submitted with the variance application, conditioned on removal of the Amoco Motor Club sign located on the existing pylon, removal of the perimeter pole sign located at the southwest corner of the site, and removal of two advertising signs above the pump islands. Councilwoman Witt seconded the motion. Ayes: .5 Nays: 0 CASE #82-01, PROKOP, Mr. Gary Prokop was present to request approval of an 11 foot—) VARIANCE variance from the front yard setback requirement for Lot 26, Block 1, Crown Point Addition, (871 Crown Circle). The Council acknowledged that a residential structure had been constructed on the lot and considered a letter from Mr. Prokop indicating that he had personally staked the structure himself and was unaware that the property line and curb line are not one and the same. Councilman Mertensotto asked Mr. Prokop if he had advised the developers of Crown Point of the problem, and pointed out to Mr. PrPkop, that he must comply with the protective covenants. He advised Mr. Prokop that the City has no jurisdiction over the Page No. 1608 February 2, 1982 protective covenants, nor do the covenants supercede the City's ability to grant a variance. It was the determination of the Council that no action should be taken on the application for a variance until the developer has been.notified of the problem, particularly in view of the protective. covenants requiring a 30 foot setback from the front property line. Mayor Lockwood moved to continue discussion on the application for a front yard setback variance for 871 Crown Circle to February 16th, to allow a response from Strub and Associates prior to City action on the.matter. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Councilman Mertensotto asked whether some procedure can be instituted to avoid problems similar to the Prokop setback problem. There were several suggestions made by members of the Council, including the process of inspecting staking prior to excavation and footings, and requiring greater responsibility of the excavator. City Administrator Johnson assured the Council that staff will attempt to take some corrective measures to eliminate similar problems in the future. FEASIBILITY HEARING, Mayor Lockwood opened the meeting for the purpose of a public DUPONT ADDITION, (IMP. hearing on proposed public improvements to serve the Michael NO. 81, PROJECT NO. 8) DuPont Addition. He turned the meeting over to Public Works Director Danielson.for a history and explanation of the proposed improvements. Public Works Director Danielson advised the Council and audience that the proposed project would involve the construction of san- itary sewer and watermain extensions and street, curb and gutter and storm sewer improvements to serve the Michael DuPont Addition and,adjacent -areas. He advised that the street con- struction involves the reconstruction of the existing School Road (renamed Summit Lane) along with construction of a cul- de-sac to the west from School Road to serve the eight internal lots within.the DuPont Addition plat. He pointed out that construction of the public improvements as proposed in Scheme A of the feasibility study will provide sanitary sewer and water services along with the Summit Lane street improvements for two large lots.which front both on Summit Lane and Walsh Lane. He further advised that variances would be necessary before either of the two properties could be divided. He stated that the sanitary sewer would be available to serve the Evans property., westerly of.the plat, if that property were ever to be sub- divided. Mr. Danielson advised the Council :that under Scheme A that it is proposed to extend sanitary and storm sewer lines from the existing termination point at the westerly boundary of the Dakota's Adults property. Water is proposed to be extended from Victoria north along Summit Lane. He pointed out that it is not proposed that Dakota's Adults.be assessed under the proposed project. Page No. 1609 February 2, 1982 Mr. Danielson stated that Mr. DuPont, in his negotiations with the School District, has agreed to construct a sidewalk from Vi:ctoria to the Mendota School'property, and it is proposed that the sidewalk be constructed under the improvement project and assessed to the properties within the DuPont Addition plat. It is also proposed to extend sanitary sewer and watermains to the school property under the project in accordance with the terms of Mr. DuPont's agreement with the School District. Public Works Director'Danielson advised that the estimated project cost is $149,000, which would involve an assessment of approximately $11,000 against each of the platted lots. He advised that the project could be completed either late fall of 1982, or in the spring of 1983, which would involve assessing in 1984. The street assessment would be levied for a period of 10 years and all underground utilities for 19 years, at an interest rate to be determined at the time of assessment. Mayor Lockwood asked for questions and comments ftomthe audience. Mr. Michael DuPont stated that his agreement was that he would assume the responsibility for any assessments the School District might otherwise incur under the project, but that he does not agree to assume the responsibility for assessments for improvements which will benefit private properties. Councilman Mertensotto pointed out that a large gas line crosses the Evans property and that the property might therefore never be able to be developed. Mr. DuPont stated that if the property can be developed in the future; assessments under this project should be levied against the property. He advised however that if the Council determines the property cannot be developed, he would agree to assuming the assessment obligation against the area within the plat. Mr. Marty Evans*, owner of 2010 Victoria Road, gave the Council a history of assessments levied against his property. He stated that when the plat was originally proposed, Mr. DuPont stated that there would be no assessments from the project against any of the private property owners. He pointed out that a high power gas line crosses his property and.it is therefore questionable whether the property can ever be developed. He asked why it is proposed to assess his property and not the Dako'ta's Adults property. He stated that the project is being proposed to benefit the DuPont Addition and would only be to his financial detriment. 1. Councilman Mertensotto pointed out that easements will be jj required at the back of Mr. Evans property to accommodate the extension of sanitary sewer and storm sewer, and asked whether Mr. Evans would be willing to grant the City the necessary easements for those utilities. Mr. Evans stated that he is willing to work with the City as long as the project does not become a financial burden to him. Mr. Earl Lynch, 1164 Ohio Street, owner of one of the two double facing lots, pointed out that there is a sewer line in Page No. 1610 February 2, 1982 Victoria Road already from which his and his neighbor's property could be served.- City Engineer Kishel advised that it was impossible to extend the sanitary sewer line from Victoria Road to serve the DuPont Addition and adjacent area. He pointed out that while the properties along Summit Lane could be served by 'sanitary sewer coming from Victoria Road, it would be less costly to install the services under the currently proposed project than constructing an extension at some time after Summit Road has been upgraded. He also advised that there is no-current estimate for cost of the public improve- ments attributable to the two lots on Summit Lane outside of the plat.. Mr. Lynch stated that he has owned his property for a long time and not developed it, and if the project is approved and he subdivides his property at that point he questioned whether benefits to his property and his neighbors property would be as great as the benefit to the DuPont Addition. He further questioned whether he should be required to pay the same amount as the lots within the plat. Mr. John LeMay, attorney for the Dakota's Adults, stated that the Dakota's Adults Board has not yet considered the question of whether they would grant an easement for construction. He stated that Dakota's Adults had to extend the sanitary sewer from Lexington Avenue when its -facility was constructed and was assessed $18,000 for the extension. He pointed out that Dakota's Adults is providing one-third of the entire sewer line to serve the property east of it and feels that the City should allocate a portion of the $18,.000 Dakota's Adults assessment to the.DuPont development. Councilman Hartmann moved that the Amesbury East feasibility hearing be continued to March 2nd at 8:00 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 SQUAD CARS Police Chief Thul was present to review and answer any Council questions on his memo recommending the purchase of two 1982 There being no further questions or comments from the audience, Councilman Losldben moved that the hearing be closed at 9:08 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Staff was directed to meet with Mr. DuPont and the private property owners to resolve any questions. FEASIBILITY HEARING, AMESBURY City Administrator Johnson advised the Council that McNulty EAST Construction Company had requested continuation of the continued Amesbury East feasibility hearing because all parties involved in the development could not be present this evening. He further advised that all affected property owners had been notified of the request. Councilman Hartmann moved that the Amesbury East feasibility hearing be continued to March 2nd at 8:00 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 SQUAD CARS Police Chief Thul was present to review and answer any Council questions on his memo recommending the purchase of two 1982 Page No. 1611 February 2, 1982 squad cars. He stated that bids had been received through the Hennepin County Cooperative Purchasing Group for Ford Fairmonts at -$7,.979 each and for Ford LTD vehicles at $9,403 each. No bid's were -submitted in response to a subsequent City bidding procedure. He indicated that the Fairmont is not an acceptable vehicle for police use from a size or safety standpoint and that an additional $700 per vehicle would be required to replace rollbar/prisoner cages which are presently mounted in the existing squads. The existing cages could be mounted in the LTD's. He therefore tticbtrmohded that the Council authorize the acquisition of two 1982 Ford LTD's. Councilman Losleben moved to authorize Chief Thul to purchase. two 1982 LTD squad cars through the Hennepin County Cooperative Purchasing Group for a unit price of $9,403.00 each. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CABLE COMMUNICATIONS Chairman Dave Zemke and several members of the Cable Advisory Commission were present to discuss the cable television issue with the Council. There was considerable discussion over some of the Joint Powers Agreement conditions and over the activities of adjoining communities in the cable communications area. RECESS Mayor Lockwood called a recess at 10:30 P.M. The meeting was reconvened at 10:45 P.M. RESIGNATION The Council acknowledged and briefly discussed a letter of resignation from Police Chief Thul. DEFERRED The Council acknowledged a memo and proposed resolution from the COMPENSATION City Administrator relative to amendment to the City's Deferred Compensation Plan. Councilwoman Witt moved the adoption of Resolution No. 82-12, "RESOLUTION AMENDING DEFERRED'COMPENSATION PLAN". Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Public Works Director Danielson reviewed a Mn/DOT letter calling for plans for the transplanting of 45 trees from Eagan to I-35E at TH 110 and I-35E at TH 13. Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Resolution No 82-13, "RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS". Councilwoman Witt seconded the motion. The Council acknowledged a letter from V. A. Edgerton and others regarding wood storage and heating equipment. LIST OF CLAIMS Councilman Hartmann moved approval of the List of Claims dated February 2, 1982 and totalling $102,049.11. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 Page No. 1612 February 2, 1982 MISCELLANEOUS The Council acknowledged and discussed a letter from the City Clerk to Carmen Tuminelly and Ru-Car Properties regarding the delinquent payment of utility hookup charges to the Brooks Superette/Pepino's structures in Lilydale. ADJOURN There being no further.business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:19 o'clock P.M. ,,Xathleen- M. Swanson City Clerk ATTEST: C) Robert G. Lockwood Mayor