06/01/1976 - City Council Regular MINUTES OP A. REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAid, MINNESOTA
June 1, 1976
A regular meeting of Eagan City Council was held on June 1, 1976 at 6:30 P.M.
at the City Hall. A1; members were present. Also present were Rosene, Bolke and
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Hauge.
LINDA SULLIVAN VARIANCE. The application of Michael and Linda Sullivan for
variance to operate a}i~ome beauty shop at 4334 Cedax Avenue South under Ordinance
X52 was first considered. The APC recommended approval, Upon motion by Rahn,
seconded taechter, all members voting yes, it was RESOLVED to recommend approval
according to the APC recommendations.
ROBERT OSLUlID VARIANCE. The application of Robert Oslund for variance from
public street provision for building permit in Zehnder Acres, Lot 13, was stricken
at the request of the applicant who withdrew his application.
MiF.1UTES. Upon motion by Smith, seconded Rahn, all members voting yea, it was
RESOLVED that the minutes of the rsay Ia, 1976 meeting be approved as distributed.
UTILITY DEPARTI~NT BUSI2TESS. Bill Branch appeared.
1. Pir. Branch discussed the need to correct the storm drain inlet in Cedar
Grove Pond Park and the Engineer was requested to review the issue and make recom-
mendations to the Council.
2. Highway #13 and Yankee Doodle Road. The Engineer indicated that there is
possible FAU funding for 1977 for the intersection work with construction scheduled
for the Spring of 1977. Forty feet of water main must be lowered at the city's
expense and upon motion by Wachter, seconded Smith, aLl, members noting yes, it was
RESOLVED that the coat of the lowering of the water main be installed as a change
order to an existing Eagan project.
3. Cedar Industrial Park Storm Sewer. A letter from the I~,iCC requesting more
information before determining whether to cooperate in the Cedar Industrial Park
storm sewer project was reviewed, and the Engineer was requested to meet informally
with the I~JCC staff tv discuss the project.
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PARK CUT~:I'["L"1TIrE. Barbara Sci~.~esi.di: appeared.
1. Mrs. Schmidt submitted a list of proposed summer employees in the park
program and noted that two of employees were children of a city employee and the
other an appointed official.
2. District #397 - Pilot ?Znob Parlc. Z?rs. Schmidt indicated that the members
of the District ~E?.97 School. Board were not receptive to sharing the cost generally
of improve~:ents to th$ park but recommended contribution for limited improversai.ts.
?-1o action was taken.
BUILDTLiG PER.~?ITS.
I. Carl Trieine appeared on behalf of his application fox a building permit
for a single family residence on County goad 430 on a 10 acre parcel where one
residential building perr3t was ;ranted to his brother about 1 year ago. It was
noted that under the 5 acre minimum provision, one additional residence would be
permitted but that access to public street would be required and an easement for.
50 foot half right of way on County Road i~3G would be required and easement for
utilities. In addition, consent from Dalcota County for access would be necessary.
ENERGY COt3~2TTEE REPORT. Dick Stevenson of MidAmerica idationai Bank,
Chairman of the Eagan Energy Committee, appeared with an interim written report
which he submitted to the Council. Conclusions and recomtmendations were as follows<
1. That the City Council write the Federal Power Cor~ission and acquire a
full report concerning the Northern Natural Curtailment Plan concerning Docket
F.P7b-52.
2. That a second letter be sent to the FPC requesting a detailed status
report concerning the applications of Northern Natural Gas for permission to build a
liquid natural gas facility under two pending applications and that the City of
Eagan file its intent to become an intervenor in favor of the LNG facility.
3. That the Council mail copies of these letters to all applicable lep_,is-
lators. After discussion upon motion by Polzin, seconded Rahn, all members voting
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yes, it was RESUi.t?EB to accet~+- to^. in.+-erim report from the Energy Committee and to
direct that the recommendations of the committee be implemented by the City Council.
PROJECT #182 - STORt4 SE~dER IMPROV?sM.ENTS. The iKayor con_~~ened at 7:30 t'. ~A~ the
public hearing on Imp. project ,1182 concerning proposed storm sewer improvements
in Burr Oaks Park, Highway ~~55 area. The Engineer explained the project and a
large nu*Rher of G'~fected oFmers were present. Mr. Rosene described tc~~o alt^r,lcttiGs
including; a first alternate rai.th a lift station force main and a second alt,-xz.~.~ste
with a force main and portable pump. Mr. Tom Brown presented a petition from the
affected Property owners opposing the project and filed it with the Clerk. zzr.
Rosene ind3.cated that contacts were made with the Minnesota Highway Department
requesting proportionate sharing of the costs and it was also suggested that a
cooperative agreement with Inver Groove Heights for contribution toward the cost of
covering its drainage area be entered into. There was a question concerning com-
pliance with DNR laws and regulations for diversion of water 3,ato Burr Oaks Ia~~he.
There appeared to be 63 parcels involved in the project and 60 allegedly signed the
petition opposing the project. The hearing was closed at 8:15 and the matter was
taken under advisement by the Council.
LINDA SULLIVAN VARIANCE. Upon motion by Smith, seconded Wachter, alJ members
voting in favor, it was RESOLVED that the application of tiichae.l and Linda Sullivan
for variance to operate a home beauty shop at 4334 Cedar Avenue South be approved
pursuant to the recommendations of the APC and further subject e:e the applicant
requesting annual renewal of the application.
ROBERT OSLUND WAIVER APPLICATION. The application of Robert Oslund for
waiver of platting fvr division of Lot 13, Zehnder Acres and variance from public
street provisions was stricken at the request of the applicant.
DANIEL FENDRICK WAIVER OF PLATTING APPLICATION. The application of Daniel
Fendrick for waiver of platting for lot division of Lot l~s, Block 3, Ridgeview Acres
was next considered. Mr. Glen Nord, attorney, appeared on behalf of the applicants.
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The APC recomuiecided denial. it was noted that the lot was Z25 reet 17U feet and
intended to be 110 and il5 foot frontages. The applicant claimed all requixeLieuts
could be Diet to subdivide ::he property, but admitted a water problex¢ on the Guest
side which allegedly cou:~d be filled to eliminate drainage prob7le~s:s. r3 cxu~iher of
the ad3aining property owners were present and objected to the appiicaiior. citing
reasons that had seen made at the APC meeting. It was noted that there was ivi:~
in the subdivision with 31 developed with an average size square rootage o~ y.Uty
of about 29,000 square feet. They indicated there would be a threat of other lots
being subdivided if the Council were to permit a subdivision and that 30 of 3l
developed lot owners opposed the subdivision. The smallest pi~eseni: :io~i:s in the
subdivision are 5 lots at about 21,000 square feet each. The Council indicated
the need for a general policy for splitting lots and discus:.'ec', she p~asibility of
changing the applicable ordinances to provide for larger lat zu~;ing category.
Polzin moved and Rahn seconded a motion to deny the application for the ;-ea~-~c~~
indicated above and cited the reasons given by the APC; in addition the f.acr chat
the development was so extensive in the subdivision at the present time aa~thztt
commitments had been made icy the Council and the developer that the lots would not
be subdivided ac the time of platting and sale to the owners ; that it ie not in
the best interest of the neighborhood that the lots be split; further for the
reason that there does not appear to be any hardship if the application were to he
construed under Ordinance ~Io. 10. Four members voted in. favor and 5xuit. voted no.
It was noted that the APG suggested that the application be construed under Ordinanc.~
Na. 52 uncie~ the vat~lance provision in Ordinance Ne, 10.
Rydrych moved and ~Iachter seconded a motion to authorize the City Atty.
and the City Planner to prepare applicable ordinance amendments to provide for an
Estate zaniug category of 20,000 square foot a,~.xtixr',u~. All memi~ars voted -i.n favor.
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Rydrych then moved and SmithY`aeconded a motion to provide that: in the event
that ax; application is submitted by Daniel Fendrick to replat the parcel of t~roperty,
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I~ot 14, Block 3; t$.idnavieTa tici•es accardin~; to the Ordinance 410 requirements, that
the application then be approved provideu it fulfills all applicable ordinanc<~
requirements. Those in favor were Rydrych and Smith, those against were Rahn..
[dachter. and Polzin and the motion failed.
WILDERNESS RUTd 6TH ADDITION - PRELIt2INARY PLAT. Arnold Carlson 2:t•a~eared on
behalf of his application for greliminary plat approval of ZTilderness Run 6th
Addition. The APC recaramended approval sub3ect Co conditions. Mx. Carlson ir.~ticate:+
that he will dedicate necessary ponding easements on Carlson Lake and also would
comply with the Parlc Committee's requests for park dedication. Upon motion by
Rahn, seconded Polzin, all members voting yea, it was RESOLVEn to approve the
application subJect to the following:
a. The Park Committee's recommendation as to park donation tc be approved
by the City Council.
b. Grant of ponding easement over Carlson Lake within Wilriernes:.+ Rt~r... ti~th
Addition and also a ponding easement in the baJ.ance of Carlson Lake that is
controlled by the developer up to the high water mark to be determined by the City
Engineer.
ASSOCIATED FAMILIES PUD - BLACKHAWK HILLS ADDITION. 6layne Winsor appeared
together Frith other members of Associated Families on behalf of their application
for approval of a Planned Development on the North 15 acres of Lot A, Blackhawk
Rills Addition. The APC recommended approval. The current underlying coning is
R--1 and the APC recommended approval with restrictions. It was recommended by
the APC that there be two units on each buildable acre above the 806 foot elevation
above sea level. Polzin moved and Rydrych seconded the motion to approve the
Planned Development and to adopt the recommendations of the APC. All. members
voted ~.n favor. Neighboring affected property owners appeared and expressed their
concern about R-4 type construction as a precedent to similar development to the
North.
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ASSUC:iA1ES k'APII~:;_."ES :LACK:3At~ HILLS 2ND ADDITION PRE?,L~LNARY PLA2'
Wayne Wineor again appeared. o[s behalf of ,:he application of Asso~~iated Famili;~s for
preliminary plat approval of Slackhawk Hils 2nd Addition consisting of 15 single
family lots. `there was discussion concerning the long cul-de-sac ~,~hich in effect
is a variance bu*. a commitment from. Blue Cross for the East-West roar ~n the ?3orth
of the property was further. discussed Upon motion by Rydrych, seconded Smith,
all members voti.ag yea, it was RESOLVED to approve the application subj~ec}~ 4~~we~
to the recommendations of the APC.
CLIFF ROAD INPROVETIENTS. The Engineer explained the recommendations from
the Dakota County Highway Department regarding the county's proposal r_es~zve the
;rad~:.~. problem on Cliff Road in the vicinity of Johnny Cake Ridge Road. He also
read a letter from neighboring residents in Woodgate expressing their concern. about
removal. of trees on the North side of Cliff P.oad. The County Highwa Engineex
suggested that a retaining wall on the North side near the tree arOa L~ inE~a;~1ad
and that the right of way be moved southe:cly about 30 feet. There were estimated
costs for completion of one-half mile East of Johnny Cake or one full mile Esst of
Johnny Cake to Pilot Rnob Road. It was suggested by Council members that the
proposed half mile improvement be explored further including other alternates for
the construction of the improvement. No action was taken.
DIVINE REDEEMEP. AMBIILANCE SERVICE CON~'RACT. Curtis Wassberg from Divine
Redeemer Hospital appeared with a revised contract agreed upon b~? four City
Administrators providing for 83 cents per capita toward contribution of the. Divine
Redeemer Ambulance Service for the Northern portion of Dakota County. It was noted
that the City of Eagan has been housing the vehicles without cost to other benefited
communities and no provision in the agreement provides for payment of the housing
of the vehicles. Upon motion by Rahn, seconded Rydrych, a17. members voting yes,
it was RESOLVED that the agreement submitted and tentat~_vely ap~~rove.cl by the
other communities be agproved. All members voted in favor, except Wachter who voted
no.
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~l~76 .r:~U1TDIs?G :~OIV}~ Iti~~UE. '.t'he Clerk submitted a resol.s~.t_ion from the
bonding attorney establishing the terms of the General Obli;ation Refunding Bonds
for 1976 proviain.g f_or their payment and upon motion by Polzin, seconded Rahn; all
members voting in favor, it was RESOLVED that the resolution be approved subject
however to the approval and execution of the Indemnification Agreement between the
city and the escrow agents.
GROUP HEALTH INSURAPJCE. Ervin Helmken appeared and the Council disco-sed
with Mr~ Helmken the head of household provision of the Eagan Group Health policy.
There was discussion concerning sevexal options given to employees in the even:
that another person in their household had health insurance and fL~rther negotiation
will take place concerning the issue.
AGEAIT OF RECORD. Mr. Helmken requested that an extension of one year of
his agent of record status be granted by the Council from April. 25, J.97G: L'nor..
motion by Smith, seconded 4Jachter, all members voting in favors it was PESO?.?r~'.D
that the agent of record be granted to Mr. Helmken for one year from April. 15, 1976.
ORDINANCE NO. 42 - LIQUOR ORDINANCE AMENDMENT. The City Atty. submitted
proposed amendments to Ordinance TJo. 42 - Liquor Ordinance. Upon motion by Polzin,
seconded Glachter, all members voting yes, it was R850LVED that the amendments be
approved and ordered published.
PROJECT N0. 181 PLANS. The City Eng. submitted the plans and specifications
for Imp. Project ,181 consisting of street improvements of Cedar Grove P7a. 9, 11
& 12 and upon motion duly made by Rahn, seconded smith, it ~ti*as RESOLVED that the
plans and specifications be approved and that the Clerk be authorized to adv~rtisE
for bids for the project to be opened on ~~o ~ July 2, 1976 at 3:00 P.Pi. at
the City Hall. All members voted yes.
HIGHT~AY 449 MHD PLANS. The Council briefly reviewed th,: ~~'Jinnesota 'sTigliway
Department plans for turning lanes for Highway ~~49 between Hwy.4r3 and X655. After
recommendation of the Engineer for agprov2.1 and upon motion by Polzin, secora~:d
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Rahn, all members voicing yea, it was RESOLVED that the proposes' plans be approved.
CHAIQGE O1tDERS. Upon notion by Wachter, seconded Smith, all members voting
yes, it was RESOLVED that the following change orders be approved and ordered signed
1. Change Order ~1 to Project ~~171 at no cost consisting of a time exransior.
2. Change Order ~~1 to Project #I60-A, at the cost of $20,730.
3. Change Order ~tl to Project X173 at a cost of $14,454.05.
HUD - EAGAN ON THE GREEN. A letter was read by the Clerk from the Housing
and Urhan Development regarding an application for revision by the owners of the
Eanan On The Green apartment complex to the flDD Title 8 program. No objection or
comments. were made by the Council in respect to this.
POLICE FACILITY. About 11:45 P.M. the Council met with James Horne, archi-
test and Martin DesLauriers, Police Chief, regarding the proposed police facility.
After review and upon motion by Rydrgch, seconded Smith, it was RESOLVEn to approve
Scheme 1 end to authorize Horne Architects to proceed with the preparation of ;o:lans,
specifications for the police facility according to Scheme 1. A11 members ~~oCed
in favor, although ~Iachter was not present at the time of the voting.
The meeting adjourned at 12:10 P.Ai.
DATED : lei ~ - 7 ~ _._,(,~~a~ ~ ~-~.x.
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