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06/04/1974 - City Council Regular2i.Iti'T'S C:.-~ A ~CF;~L'.fA. I~ET:~:4: t3~ i,.ry;, CZT•~ Ci~~iT?1~.T.JL rte ~A t1V, tiG~ "i' SC,.A ,;one ~+, 1974 At 6:3Q p.m. tine Board of Ad~ustmenta and Appeals oust with all members present. Mayor Polzin presided. TFte Board first reviewed the application of -Eleven Stores for a variance fxom green belt set-back for a driveway around its store oa Yankee Doodle Load. L7on m~o}t~ion b;~ Sr:ith, seconded Marble, all members voting in favor, it was R?SOiV: that tt1A application for variance be recommended for approval. fir., mold Carlson appeared on behalf of his application for a 17 foot variance frog the front yard set-back for Lot 25, Block I, Wilderness Run 3rd ditioz. Upon motion by t•Iachter, seconded Hall, all members voting in favor, it was recommended that the application be approved. Representatives of Au4umn Pevela?raent Co. appeared on behalf of their application for variance regarding the length of two col-de-sac streets iu Canterb+ary Hilts lat Add?tion. The APC recommended approval of each. Upon raetion by Rahn, seconded 4lachter, all members voting yea, it was RESOLGED that the applicst'.on be recoaaxended for s~+proval. Repres~ntativea of Pre-Hcirig Doors Industries appeared on behalf of their ..._.~. application to permit a parking Iot in front of the induEtrial building in Sibley Terainal Indus~Crial .ark and set-back variance in the Northwest corner of the build irg. The APC recommended approval. The Appeals Board discussed tF2a need for access to Che rear of Cha lot in the event of the division of that portion which it wa3 understood was being purchased under contxact for deed by Pre-Hung Doors. They also informed the Board that there would be access by easemar.L i.f necessary to the rear portion of the lot, Upon motion by Rahn, secanC,ad ka11, it was recommended that the application be approved. All members voted yps. The applicr.~;yon of A~.1icd Proper*.ie~, tuc, fora °~t~~-~.a~.;c~ r:.-om t?ie :r3nim~xn log si?e or-. 3 lct.s in T.:.,pospd Rustic Hills Adda Lion ~s:t of Hightoay ~~13 and Noxth of T,onr Oak Road was stria ~n for lack of appes::anYe. At 7.00 p.~n. the Mayor then announ..cd the convening of the regular meeting cf the Cir_y Council. A1I members were present. A:~ter the Pledga of Allegiance, upon motion duly made and seconded, it was RZ;SG:~UF1~ that the minutes of the ,previous meets be approved. Police CY~~.ef I~ur*in DesLauxiers appeared and presented two bids received sfter a re iuest for bids fora 1974 police car. Bids were from Ridgedale Fo2-cI for $3,087,00 and Freeway Ford for $3,200.00. Upon recommendation of the Police Chief and upon motion made by I.ydrych, seconded Smith, all mancberQ votinn in favor, it was RESOLVID that t~iiv low bid of Ridgedale Faxd be accepted. Nu • David Schaefer from Highaite Apartments on Highway #31 aprssrc~I sr.3 objected to ttie Eagan Polioa Dcpsrtameat handling of the complaint that ~'.2 1'_?u made some weeks earlier concerning damage to his automobile parked in tha LusAer- ground garage of tha Highsite Apartsaaenta. No formal action was takAn. A lis*_ of abatements submitted by the Da' Cow Ass~r., a copy of which is attached to those minutes, was upon motion by Rehm, seconded Ry;~z~ych a~.~. meubess voting yes, approved acccxding to the June 3, 1974 letter. Mx„~, Bill Tsranc3i appeared and requested permission to prepare agecifications for a c~~, type truck for the Park Department and box and hoist for the truck. 7t ~~as exglair.ccl by the Parlc Committee Chairman and i-Ir. Branch that the s ec:i.fa.c type of box and hoist required was distinctive enough ao that they would not recommend that bids be solicited jointly with the truck chassis. '.;ere was concern if there was s joint bid that Che hoist and box woL1d not conform with the requirements. After discussion, upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVID that t#xe Utility Department ..2.. Sv.parinte~xl._t to authorized to rrepace arac.f c~,.e.ons lox a t-::z;t:k chassis arm ~_or t-os aid. hA~3.~e* sspa:~:~•e1.y for rax•k L~.:gartaient use a:~d i:r.at bids be solirx:e~y from poter~::.ial bidders. All meters Y~ated in favor. The Council also discussed the letter received from the Teams U~ni_on L~~c11 ~3?0 concarni.ng the Utility DQpartmert employees specif:tcally as it related to an a3ditional holiday designated a floating holiday. There was no objection to preparation of the contract including a floating holiday basis. ryrCi2' Counci9 also authorized Mr, Branch to acquire the used police car from th3 police depari:mpnt for utility supervisor's use. I~rs. Baxt~ara Schmidt appeared and recommended that a tenniA rp ogram on a feE ba:iis be initiated in 1974, ilpon motion by Wachter, eec7r~led Smith, &11 ment~ers vo i~~ yes, i.L- c~~as RESOLVED that such a grogram be set up. The Council then reviewed tY~e repo?.cation submitted at the previous r~iea~~_ n regarding dnnsti.cn ~ develonexs {or park nurp_oses including goading and trail ~~ses in the new development, Upon motion by Wachter, seconded Ryarych, all samberfl voting in favor, it was RESCJ.V~D thQt the resolution a3 presen~ed bo and •!.* heretjy is adopted, The Cler;;. ir.~icated that she had mailed letters to the owne..s of the Sp~rurn T~R„,~re2., ~!.•~s.:?.£~e* p4otel ~~nd Mrg Geor a Tohnson on Dodd Road concerning tl~e re:s,?•,~al of r~iob:i.le have eg xzaits. Mr. Gary Strus of the Spruce Motel app: grad and indicated Chat the mobile home on hi.s property was being used by his mother i.n~law, UpJn ration by Wachter, secend:~d Rahn, all m$mbers voting yea, it was ItESCLVED that t1~c mobile hoarse permit at the Spruce Motel be ea:t~:nrled for one year. Clerk was dfx•ected to rotify the Airlu~MotA1 owner anal ~L. J:.hn.on that in t;xe event t'~at xequests for the extension cf the mobile home peraei.ts on escY. loc~.tion are not approved by the Council that they ba cancelled. The Police Chief was ord.®bed to investi,ate illegal truck parking in thQ AirliraL zrarel arse, -3- Upo:i r...~ti_~>n 1~,;~ L7ac?~te?:, secoz~~4~~i ami~e .i, 2ii ~.m:~e;::. ~~c~t~.nq ~.~ favor, it tT,;s R~'SCG:~C~ that ttxu Co?.c~zc:il sccept t,'~F ARC an3 Board o~ -Zr gals rero~nznen~3a"_~ors et:3 ~~~c~.~~ i.Le f showing applicstiors f:.~r varia,~cs;s ; A. Txis chplicai: ioa of r~l1c_7937 Stas:c~ foss vaa~ance of green belt set-back arnun3 the b+silding on Yr~~akae l~oodlc fioud, B. The applica~iexa, of A~'no'`r? CarCarlson fc~- Y.7 fr~o~: varian.~. i:,ont ,~axcT uet;~t~ack o:~ iot ^5, Bloc~.t 1, 4iilderness F.un 3rd Ac;di~:i.on.. U,:oTi motion by Rahn, seconded kydrych a.ll mmembers voting in fravor, it was rp ~G~~ILil t.Ixai: ;:~.e ±: ~:co=~en3ationv of the APC and Beard of Appeals for appro•ca.i bn accep^~a~? and i:hat tree request of Autumn Deve7 opment C~~n;~ for variance ; ~:~ try ?ettgth o:C 'L czxl-de-sacu stx•ects in Cantrex'btt~ Hills 1st A~1d:~.tion be appr~~ved and t';l?% thy; f. nab. plat of Can?:erbury iii.lla 1st Additio:~ be accepted z.nd. agpro~°e1 sti~~3ect to co~aplia~:c~ c,~ith all applicable ordinances including t'h~ tree orclir.~nc~e ax;d submissior of a development c.~ncract. The Ca°~terbury Hills d4celc~i~~e:~e a?.ao submitted a letter regaraing cts eet ligrting irdicated that they woixlc'. be cai,lling t.o install street l~.ghts but .requested that the City as€:u~.e tlaa responsibility of bxllirg the property owxiors. No action was t~~k<.e:~. Tb~.e cea:.t~.ntiA~d public hearing csrn~ rrir~g the application of i,'r!t,so;~YCF Gorpo-, r.a~.,io:z fcr BLT co~?cept approval of .~~ic'sion Hi11s Section 20, 29 an~~ 31 was r..e~,~. co~:~vened. Ta.e 6i'C recomrizer.:der? api rozra,.. Mr, Charles Slocum and his g3.6+.nner ^.p;searPd on tehalf of the agplica~.ion~ ~`. letter. addressed to the City ACtotne; from Robc;rt Hoi;tr.,a~, or.e of the de;;elop~;rs dated June 3, 1974 corerernin;; ~'i1D ctens~.•ty ; z~ t}:tP ns:.~ra11 plan and by phases was reviewed. U;oon m.o~:i o•::~ by Rydrych, s~:+:o:~;34u 3mirh, asi a~zmbers voting in :~~avor, it c~Jas RTaSCf~t/ET t:~a~' the applicstij~n na a; A~Yo~eci srau,je:.t to cc~.pliance wi4:h all applicable Ord~.Aaalces aad agrce•~*:e~+t roiza~ril~.n.g parse ded~.cat:ion together wit:"r. tro vxecuiion of a de~:rvlopmen_t a~;rco., ~aan•~, i`z r.~::sz:forr~iactce with tP.e le~:ter of 3ux-,e B, 197x•. ~Y~ ~ The g~~,<;or tne~i convened the hearing regar~3ing the sp=,aer, ti*a~er and street ia.~:prcvcc+~f~~ts to R:~u d'Rue Drive r_ons=sting of Imp_ froj~r..*._• ~kI39~A. Tt was s:?:,~ed thsL• the Council had considered tAa3 acted on the street improvements nn Projec*_ ~~13° on Beau d'F.ue Drive an Tray 21, 1974. Sevexal ad3oining propext o~~ners appeared with questions. Thera were no G'ojPCtic~;lss The Counc3.l uiscussed tiie road improvement assessments on the South side of Beau d'Rue covering the comanercial a:x1 apaxtmernt buildi»g property. Th4 Engineer i..dwcated that an a4di;:ional 17 i'eet on Cedar Avenue and a small triangle at B~uau cl'R•se and Cedar would be xequired by the P.obert Lee Restaurant property ITr•or~ motioiz by Wachter, seconded Rydrych, it was RESOLVED that Irnp. Project ~~139-A be apgroved and ordered in a~ that the Engineer be instructed to prepare plans asd specificai;:ions with the undtirstandinb that a possible uddi.tioi~al aooess road from Eeau d'P.ue to Cedarvale Drive across the Lee prop~rt;r -;,.at~1;; be included. ~ir~ Charlss locum. trian appeared on behalf of the applications of Unisou:~~r..P Cornor~tion for preliminary plan apnrraal of Phase I and Phase ~I of Mission ixi~ l.ls. No fcrn.al approval had been a .qui:e3 by the APC. Phase I Would ir..clude .'S lots on. a 39~='+9 acre parcel. U~jor~ motion by Wachter, seconded Rydrych, all members voting yea, it was RESOLVRD ~i;at Che Council give concept app:-c~val to Pha:.a I, Phase II consistin of 6l acres including 3 types of dwelling proposs:~.s including 8 ploxes, condominiuffi te•ca~ihouses and multiple uniMS was reviewed. Upcn motic~r. b3• Po1z:.n, seconded Smith, all members were in favor, i.t was RESC3'+.VED that the Council approve the concept plan for Phase Z? of Mission H:Llls, 'Jpon mo~:ion by Wachter, seco~zded Rahn, all members voting yea, it was RES~LTJE~7 thai: the public hearix~ concerning the application of 3,exin tan South, Inca for ;IT'D a,~rova? be scheduled for July 2, 19;4 at 7:00 p.m. .Sr ThPi? kas no apfiaa_:'_iiCe on be?~41f of i!l~ Py~t ert_. e,+ for n:in3:nuri lot stTe iii 3 lots in Ras4i~: Dill: Addition and also its uppli.at3on fc~r preliminary _.....-r __.__._ plat nFpra~•a1 cf P.~zstic Hills Addition. Tha appli%ations were coatirued i:ritil file next meeting. The Council then reviewed the application of Prey-F'~u~~ Dom Induce ies for a vars,~'a*ice for a ~.~ar'~ing l.ot in front of the building sad an 8 foot set-back v~xi,aaice en the No~ ttraest corner of tt~E builc'irg covering property in Sibley T.~~,+~i.ral Ind~.istria:! Park, The A'C and Board of Appeals recommended approval. A ian3scape plan was also submitted and the building permit application was re•~i~wed. L'pon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVtJ'll that ttie building pern:i.t application, landscape plea and that the varianc~a be approved. The application of Rauei~horst C•~rporation for a bui.ldi~ng ap .r:~; t for saa.es office ani service r?epartm{.nt building for Bow., rt-I eater rso3, Inca i:i Section 12 Haar Highway ~~59 and ~~45 wary next discussed. A request had been received by Borchert-Irgersol, Inc, inquiring whether the Cauncit would br i. te~:es;:ed in issuitig revenue bonds fcr the construction of the pT~~posEd building iii that financing foi construction is very difficult at the present time, The Clam: wee requested to contact James Oluen of Juran-Moody and to set up a meeting with t-,im and Borchert-Ingarsol, Inc. to discuss revenue bond financing, 2h~ Council then reviewed the appl:~cation fcr building pez'mit approval and upon motion duly made by Rahn, seconded Smith, it was RESOLVED tha* the application ar build ins pla:i aFprovaZ be adopted. Wachter disqualified t. raself from action on the application. Upon iuori.on by Rehm, seconded Wachter, all members voting f~a, :.t was RESCi~VED that the lanrtscapa plan for Wood~e Addition No, 1 tee and it horeby is appaovcd after review. -6- Ti1~ Council '~9~x~i r4v-~.e~ti*ed tiie arocz3me^.s~ tc 0:,~;i.;~a.nc.~ -'f.~ r_onsistir~g of notice tc~ ownars a:: a:~a.c:als rewarding ~TzolaCions of ~_l~is or:i~~.asice and upon no+~io-~ dc.9.l;~ made ax.~d seconded, :.t wfs RE~:Oi~~iED that thY ardiiiance amendment pe accepted arcl publisY~ted. T:~e raad~'ork a~?~ePment covering 6Joodgate Addl.tion ~~t tagethpr wi±:h bond ~a'as L:pott ma~:ion by l:ahn, seconded smith, all members voting in favor, adoptai and orclerad eR.ecuf:cu. t2~ o T'aoxnus k'aiE-P, the owner of Lakeside Rstates submitted a letter regz~estri~7g C~cat a ~~ui.dir~~; o~e-~Tnit for Lot 18 and part of Lot 17, Bloc~z 2, Latesi.de Estai:es be g~:anfr~ad in spate of the fact that ~.rae ?:oad lead not been canstructed along the lo;.s. Jpon rn:sti,cn by Smith, seconded Rahn, all members voting n favor, it was itESOLVLD that: the reque:.--c: ba gre.n4ed provided L•12at the development Lond arm roa~Icso::ic agreeznert be E:xten%ad tc cover tha road ad3a~ent to yhe lc~vs, Upon motion by Rahn, econ.lP;l Rvlrych., all members voting area, it wwa RESOT.VF;~ f~hat Lim G:~iffi~:h be hired as a student office assistant at $1, r5 per hour erfecri~~c :.mmediatei , The Ci~:y At.toraey caas xequeste3 ro retTiew t'.2 request of i:IrAe ret~-opo3itan SewQr ~ty,3zd. than: Eagan c<~nL-ribute a sl-~are of its costs a;ui cl~isbu:.s~=:r~eL.ts i~:*::~uding ati:o:~reys fees relGted to t';e SAC charge case in I~iennepin County. :.o action was ~.aken. The CiL-y Enn3.rioer subm~ fled a pr-~iimid~ary report coveb ing sre~er, water and storm sec*or, streQt iu~Fxovemants in Car.tarbux3r Hi.11a A3ditio~, consisting of Ir~p. P~o'i,;ect ~~1.',+~. ITpon motion duly mace Via; 'Fol?in, seco~+.ded TntacliL•er, al.i meri`aers Z=oti.ng i.i tcvcz., it was R1;J(7~,VEiI irhat the public hearing be sche3uled fc:- ,Tu13* 2nd as I:CD p,m. at t].,e City "t?all to consider the report, T'~e Coun~.il than discussed in detail the proposal for setting the e:!.e~~tion for C~..~: `~~:.`.ciala in. odd or even years. Upoz motio!: try Pol~in, secorzdes _70 Rycrych, all mestoers voting it was RESOLVED t:sat the City Attorney be authorized to prepare a ordinance to provide that 4he elctiun of city officials be scheduled In odd years beginning with 1975. Those voti~.g in favor were Polzin, Rahn, Wachtar and Rgdrych; against was Smith, 'Jpon motion duly made and seconded, it was RESOLVED that all the bills Submitted according to the following schedule be ordered paidt 4P200 through 4241; 412483 through ~~12541; ~~215 and ;~2I6. The meeting adjourned at 11:30 p.r~-, June 4, 1974. ~~` C1er