09/07/1976 - City Council Regular MINUTES OF A REGULAR /METING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
September 7, 1976
IIIA regular meeting of the Eagan City Council was held on September 7, 1976
at the City Hall at 6:30 P.M. All members were present. Also present were Bolke,
Hedges, Rosene and Hauge.
BOARD OF APPEALS. The five regular Council members were present constituting;
the Board of Appeals to consider the application of Stephen Dedrickson Tor variance
from the 5 acre provision for construction of a home on agricultural lsnu on Lone
ak Road. 1 . as noted that sale of about 11/4 acres of the somewhat over 5 acre
parcel tool.= ,,..x^e about 1969 to reduce the balance of 4.075 acres. Mr. Dedrickson
and his rea . Jr 11^-:e pre ent. The APC minutes were revie' d, urine motion by R-e-n,
seconded Smith, It was recommended to the Council that the vrria:` ',. U. c-ear'- J
subject to the mlel.standing that no further building permits wou:r ' ~ .,1:r .1 e-�
the parcel. Those in favor were Smith, Rahn, and Polzin, Wachter abst_ainec ^ x
IIIwydrych voted no.
MINUTES. rpon motion by Wachter, seconded Rahn, all rerbe:*s o:.iag yes, it
was RESOLV!P time the minutes of the August 17, 1976 m^i3t: ::g be a-. t w.-I F3
,istribvted
'.' LT'Ar irr'T. Martin DesLauriers were present. Mr. DesLs vt i^rs request
approval frog: the City Cornell to authorize preparation and specificaticr3 ale.
co advertise for Lido for two squad cars for the Police Department. Upon motion
by Wacht-,r, .cc itd«:d Rahn, all members voting yes, it was RESOLVED that the P.n.
be authorizcd ro prepare specifications and that the Clerk be authorizeC to
alvertiee for Lida to be opened on September 29, 1976 at 3 P.M. at the ry 1 ..11.
PROJECT #134 - YANKEE DOODLE ROAD. The Mayor convened the public b =?s',.-*
concerning Imp. Project #164 concerning the relocation of Yankee Eo•,c ;° r,,.a,'. at
Trunk Highway #49. 11: Engineer explained the project. There were: n:: r1??:" = .(,as.
Upon mot.'1. ?:y Wach=:cr, seconded Smith, all members voting in favor, it -razz
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RESOLVED that the project be ordered in with the understanding that Dakota County
will award the contract and that the City's portion will be billed to the city by
IIIthe county.
LOT 1, BLOCK 1, HIGH-SITE TERRACE ASSESSMENT FEARING. The next Assessment
Hearing reconvened concerned Lot 1, Block 1, High-Site Terrace on Rahn Road. The
matter had been continued from the last regular meeting at the request of the owner
No persons objected to the hearing. Upon motion by Rahn, seconded Wachter, all
members voting in favor, it was RESOLVED that the assessment be approved and
ordered certified to the County Auditor.
PROJECT #144-A - WILDERNESS RUN STREET IMRPOVEMENTS. The City Attorney
briefly reviewed the proposed assessments against the above property and there
were several affected owners present who requested clarification as to whether
the developer will be paying for the road improvements. It was stated that there
were letter of credit submitted by the developer to the city according to th
IIIestimates submitted by the City Engineer and further in some cases there are
escrow agreements with banks in the event that mortgages were placed against the
property. Wachter moved and Smith seconded a motion that the assessment roll be
adopted and certified to the County Auditor with the understanding that the
.ieve1.-,pers will be responsible for payment of all assessments on Wilderness Run
Road and that the homeowners will not be responsible for payment where the letters
of credit have been posted. All voted in favor.
PROJECT #160-A - BICENTENNIAL ADDITION & BARTON-MCGRAY ASSESSMENTS. After
discussion, upon motion by Rahn, seconded Polzin, it was RESOLVED that the
rssessment roll covering Project #160-A relative to Bicentennial Addition and
Barton McGray Addition, sewer, water and storm sewer improvements be and it hereby
is adopted and that it be certified to the County Auditor. All members voted
in favor.
PROJECT #162 - RIDGEVIEW ACRES STREET IMPROVEMENTS. Upon motion by Rahn,
seconded Wachter, all members voting yea, it was RESOLVED that the assessment roll
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covering Project #162 be and it hereby is adopted and ordered certified to the
County Auditor.
PROJECT #169 - LOST SPUR WATER MAIN. Upon motion by Wachter, seconded Smith,
it was RESOLVED that the assessment roll relative to the Lost Spur water main be
and it hereby is approved and ordered certified to the Auditor. All members voted
in favor.
PROJECT #173 - CHES MAR ADDITION. Upon motion by Rahn, seconded Wachter, all
members voting in favor, it was RESOLVED that the roll for Ches Mar Addition
improvements be and it hereby is adopted and ordered certified.
PROJECT #161 - OAK RIDGE ACRES. Upon motion by Rahn, seconded Wachter, all
members voting in favor, it was RESOLVED that the roll be adopted and that the roll
be certified to the County of Dakota.
TAX FORFEITED PROPERTY ASSESSMENTS - LOTS 1 - 10, BLOCK 2, TIMBERLINE ADDITION
Mr. Sheridan Buckley, Mr. Kubes and Mr. Svenn Borgerson appeared as owners or
IIIrepresentatives of property objecting to assessments on certain lots. There was a
discussion concerning the revision of the law regarding assessments of tax forfeited
property which became effective April 13, 1976. Smith moved to approve the roll
with the exception of those lots where agreements are specifically set up with
property owners. Smith then withdrew the motion. Smith moved and Wachter seconded
the motion to continue the hearing until the next regular meeting. All members
voted in favor.
STEP1EN DEDRICKSON VARIANCE. The application of Stephen Dedrickson and
Charles Anderson for variance from the 5 acre provision for a building permit on
Agriculturally zoned land on Lone Oak Road was reviewed by the Council including
the minutes of the APC recommending denial and the Board of Adjustments recommended
approval. Upon motion by Smith, seconded Rahn, it was RESOLVED that the application
be approved subject to the conditions proposed by the Board of Adjustments. Smith,
Rahn, and Poizin voted yes, Wachter abstained and Rydrych voted no.
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ZOOLOGICAL GARDEN PROPERTY ABATEMENT. The request from the Dakota County
III Assessor for abatement of the Minnesota Zoological property formerly owned by
Nickerson on Dodd Road was upon motion by Rahn, seconded Smith, all members voted
in favor, approved.
KARL HEINE PROPERTY - PUBLIC HEARING. A request of Mr. Karl Heine for sewer
and water extensions to his property was next discussed. Upon motion by Smith,
seconded Wachter, all members voting in favor, it was RESOLVED that the verbal
preliminary report of the City Engineer be accepted and approved and that a
public hearing be scheduled and advertised to be held on October 5, 1976 at 7 P.M.
at the City Hall.
WOODGATE SECOND ADDITION STORM SEWER POND. The Engineer reported verbally
concerning the ponding area in Woodgate 2nd Addition. A representative of the
Homeowner's Association was present. A further report will be made at the next
meeting.
IIIPROJECT #179 - WATER AREA ASSESSMENTS. The City Administrator indicated that
5 additional letters have been received from property owners objecting to the
assessments and requesting that the water area assessments for 1976 be eliminated
from their property. They include Howard Carlson, Robert Janacek, Sonja Tollefson,
Robert Wiliwerscheid, and MEPC American Properties, Inc. Upon motion by Wachter,
seconded Smith, all members voting yes, it was RESOLVED to grant the request but
that no further requests will be accepted for exclusion from the assessment roll.
LEXINGTON AVENUE - CHROMY CONSTRUCTION CO. The City Administrator reported
on a meeting held with a representative of Great American Insurance Co., Robert
Rosene, Tom Hedges and Paul Hauge all of which generally ooncluded that the
responsibility for the repair work in Lexington Avenue was that of the contractor
and the bonding company. An offer of 69Z of the estimated cost of the improvements
IIhad been made by Great American Insurance Co. but the Council indicated that it
appeared that the fault lies with the contractor. Upon motion by Rydrych,
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seconded Wachter, all members voting in favor, it was RESOLVED that the City Atty.
be authorized to proceed with suit to recover the total estimated cost of construc-
tion presently estimated at $7,978.50 by Alexander Construction Co.
PATRICK EAGAN PARK BUILDING. The City Administrator submitted three quotes
from contractors covering the reroofing of the Kehne home in Patrick Eagan Park
on Deerwood Drive. The low bid was from Walker Roofing, Inc. at $4,725 and upon
motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED
that the low bid be accepted and that the contract be awarded.
RAHN ROAD IMPROVEMENT PROJECT #180. The Engineer submitted plans covering the
proposed improvements for Rahn Road North of Cliff Road covering Project #180 and
there was a question as to whether sidewalks should be included on the West side
of the road. Upon motion by Wachter, seconded Rahn, all members voting in favor,
it was RESOLVED that the sidewalk be included in the plan from Shale Lane to the
entrance of the park on the West side of Rahn Road which improvements should be
IIIpaid from State Aid funds. Upon motion by Wachter, seconded Smith, all members
voting yea, it was RESOLVED that the plans and specifications be accepted as
prepared by the Engineer and that the Clerk be authorized to advertise for bids
to be received on October 5, 1976 at 3 P.M. at the City Hall. The City Engineer
was requested to check the possibility of adding a street light at Cliff and Rahn
Roads.
JOHNNY CAKE RIDGE ROAD PROJECT #142. The City Clerk submitted the bids
covering street improvements to Johnny Cake Ridge Road and it was noted that the
Minnesota Highway Department has now approved the plans. The low bid was from
Enebak Construction Co. of Faribault, Minnesota for $635,967.51. The total
estimated cost to Eagan for the Project is $284,058.17 including the proposed
traffic signal, exclusive of engineering, administrative and miscellaneous costs.
It was noted that the Dakota County Board has submitted a resolution approving
the easements, an easement has been acquired from Michael Mickelson as expected
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the consent to easements will be submitted shortly. Upon motion by Rahn, seconded
IIISmith, all members voting yes, it was RESOLVED that the Council be on record
authorizing the award of the contract to the low bidder Enebak Construction Co.
pursuant to the recommendations of the City Engineer but that no construction can
be started until all consents to the easements are acquired by the City.
SOUTHLAND CORPORATION - 7-ELEVEN STORE GAS PUMP PERMIT. Mr. Stan Biggen of
Biggen Pump Company appeared on behalf of its application and that of Southland
Corporation for a conditional use permit under Ordinance No. 52 for two gasoline
service pumps at the 7-Eleven Store at 1665 Yankee Doodle Road. The APC recommender
against the approval. Mr. Gang', a neighboring owner, appeared and objected
because of excessive noise, traffic, and lights that could result. After consider-
able discussion upon motion by Wachter, seconded Rydrych, all members voting in
favor, it was RESOLVED that the application be denied for the reasons expressed above
and by the APC including the expected increase in traffic safety problems, the
need for a full service type station in the general area, the existing zoning for
two full service station at the two corners of Yankee Doodle Road and Pilot
Knob Road, and the objections from numerous neighboring property owners.
KENNETH APPELBAUM LANCHOVEN ADDITION REZONING. Kenneth Appelbaum appeared
on behalf of Marell, Inc. under Ordinance No. 52 to rezone Lots 7 and 8, Langhoven
Addition from R-1--Residential Single to R-2--Residential Double. The APC
recommended approval and no one present objected to the application. It was
noted that an excessive number of variances may be necessary for four lots and
Mr. Appelbaum indicated that it's possible that he would reduce the number of the
proposed lots to 2 or 3 lots. Upon motion by Polzin, seconded Rahn, all members
voting in favor, it was RESOLVED that the application for rezoning be approved with
the understanding that the developer will be required to return to the Council
for approval of the new layout and that all ordinance requirements be fulfilled.
RECESS. The Council then recessed for 10 minutes until 9:20 P.M.
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MINNESOTA AUTO PARTS REZONING APPLICATION. The application of Minnesota
IIIAuto Parts to rezone from A-Agricultural to I-2--General Industrial District 15.2
acres in part of the South ki of Section 8 lying Northwest of Sibley Terminal
Industrial Park and a conditional use permit to operate an auto junk yard with
open storage was next considered. The APC recommended denial of the application
to rezone. Mr. Robert Pace, realtor and Gary Stein, owner of Minnesota Auto Parts
appeared and discussed the proposed salvage operation. They indicated the trees
would remain intact generally on the parcel. It was noted that an application
under Ordinance No. 1 for Junk Yard may also be required. It was further noted that
the property is Agriculturally zoned and that Design Tech is the contract buyer
from Bud Johnson, Inc. Mr. Stein indicated that the present operation has 10 to
15 cars per week maximum with 150 to 200 cars on hand on the average at its
Minneapolis location. There was concern about pollution problems resulting from
runoff, possible health problems, incompatibility with adjoining areas and the fact
that the adjoining areas were zoned I-1; further that the 1-2 zoning would be on
a 15 acre parcel which appears to be too small to be compatible with the adjoining
parcels. A representative from H.B. Fuller Company appeared and objected to the
application because of the potential unsightliness and H.B. Fuller's higher
elevation adjoining the property. There was concern about the inability to
screen the operation completely. Upon motion by Rydrych, seconded Wachter,
all members voting in favor, it was RESOLVED that the application for rezoning be
denied for the reasons mentioned above and by the APC including the objections
from neighboring property owners; further that the property appears to be too
small for I-2 zoning and the potential adverse impact on the adjoining property.
STEIN, INC. - CARL TOLLEFSON REZONING IN CEDAR GROVE NO. 11. The application
of Stein, Inc. and Carl Tollefson under Ordinance #52 to rezone from R-1 Residential
IIISingle to R-2 Residential Double of Lots 1 and 2, Block 1, Cedar Grove No. 11
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in Section 20, Southwest corner of Silver Bell Road and Blackhawk Road. The
III applicants were not present. The APC recommended denial for reasons including
compounding the problem of R-2 zoning in the general R-1 area and additional
traffic on Silver Bell Road from the duplexes. Members of the Council indicated,
however, that it appeared appropriate because of access directly to Silver Bell
Road and the duplex and fourplex adjoining the property already existing. Upon
motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED
that the application be approved with the understanding that there be no further
upgrading of zoning to other categories of adjoining property in Cedar Grove No. 11
and compliance with all ordinances.
MISSION HILLS PUD. Charles Slocum appeared on behalf of Unisource Corporation
for annual review of the Mission Hills North and Mission Hills South Planned
Developments. He briefly reviewed the reasons for lack of development in the
Planned Development areas and upon motion by Polzin, seconded Smith, all members
IIIvoting in favor, it was RESOLVED that the planned development be extended for
an additional year subject however to the recommendation of the APC that the
Planned Development Agreement be executed within 6 months from the due date of
annual review or December 31, 1976.
DENNIS McCARTHY AND GERALD REHBEIN GRAVEL PIT APPLICATION. The application
of Dennis McCarthy and Gerald Rehbein for gravel pit permit at the Northwest corner
of Deerwood Drive and Pilot Knob Road was withdrawn at the request of the applicants.
DAKOTA COUNTY GOVERNMENT CENTER PROPOSED SITES. The Council reviewed the
motion of the APC asking for clarification of review of proposed sites for the
proposed Dakota County Service Center. Ed Dunn and certain other of his associates,
John Klein and Chuck Slocum appeared regarding the site selection. It was
noted that the Dakota County Highway Department proposed that County Road #30 at
County Road #31 be relocated about 80 feet North which could affect the E-2 site.
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After considerable discussion, the Council decided to take no action and noted
that the Dakota County Board has now requested appraisals of the four proposed sites
in the City of Eagan.
WOODGATE THIRD ADDITION ASSESSMENTS - PROJECT #156-A. Upon motion by Smith,
seconded Wachter, all members voting in favor, it was RESOLVED that assessment
hearing concerning Project #156-A relating to Woodgate Third, Pilot Knob Heights
Fourth, Bicentennial and Barton - McGray Additions be continued under the next
regular meeting at 7 P.M.
ENERGY COMMITTEE RECOMMENDATIONS. The four recommendations of the Energy
Committee were reviewed by the Council and the Administrator reported generally
concerning the two proposed resolutions regarding this issue. Other alternatives
such as an informal meeting with the Public Service Commission, proposed legis-
lation and an attempt to pursuade the private energy utility companies to negotiate
to revise their allocation procedures were discussed. Upon motion by Wachter,
IIIseconded Rydrych, all members voting in favor, it was RESOLVED that the Council
adopt a resolution requesting a formal hearing by petition to the Minnesota Public
Service Commission requesting that the PSC take jurisdiction of the issue of reallo-
cation and that Northern Natural Gas be required to allocate additional natural
gas to the City of Eagan. All members voted in favor; further that neighboring
municipalities under franchise with Northern Natural Gas also be invited to join
in the petition. There was additional discussion concerning the recommendation of
the committee concerning the feasibility of legal action against Northern Natural
Gas for failure to supply adequate natural gas and further the possibility of
canceling the franchise. No action was taken concerning these recommendations of
the Energy Committee.
I35E RESOLUTION. A recommended resolution from the City of South St. Paul
IIIregarding the proposed freeway construction in the Dakota County area recommended
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by the City of St. Paul was reviewed. Upon motion by Polzin, seconded Smith, all
members voting in favor, it was RESOLVED that the City Administrator be authorized
to prepare a resolution on behalf of the City Council objecting to St. Paul's most
recent recommendations including #494 and I35E and present it at the next City
Council meeting.
CEDAR AVENUE HIGHWAY PLANS. Upon motion by Wachter, seconded Polzin, all
members voting yes, it was RESOLVED that the first stage construction plans for
Cedar Avenue presented by the Minn. Highway Department be forwarded to the City
Engineer for review and report at the next regular meeting.
HIGHWAY #55 - STORM SEWER PROJECT NO. 182. The City Engineer indicated that
comments have been received from the Minnesota Highway Department as requested
regarding Project #182 consisting of storm sewer in the Highway #55 area. The
Council determined that no further action would be taken on the project.
PROJECT NO. 168 - DESLAURIERS STORM SEWER PARCEL. The City Atty. indicated
IIIthat a second appraisal has now been received covering the DesLauriers property
near Sibley Terminal Industrial Park. The property is intended to be acquired
for storm sewer siltation pond purposes. Upon motion by Smith, seconded Rahn,
it was RESOLVED that the City Atty. continue with the negotiations with the owner
based upon the two appraisals that have been received. All members voted yes.
COMSTOCK SPRAYING SERVICE CONTRACT. A contract was submitted by the City
Atty. between the City of Eagan and Comstock Spraying Service for 1976-77
spraying the city parks. Upon motion by Rahn, seconded Wachter, all members
voting in favor, it was RESOLVED that the contract be approved and ordered signed
with the understanding that verification be made as to the effect of the spraying
during 1976.
1975 PARK IMPROVEMENT PROJECT. At the recommendation of the Park Committee,
a letter was submitted for transmittal to B-Tu-Mix of Inver Grove Heights, the
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contractor on the 1975 Eagan Park Construction Project, requesting that one
III additional year warranty period on the Oak Chase tennis court be granted commencing
one year from the date of final inspection because of the sinkage problem on the
tennis court. Upon motion by Wachter, seconded Rahn, all members voting yes, it
was RESOLVED that the recommendation of the Park Committee be approved and the
letter be forwarded to B-Tu-Mix.
CARLSON LAKE TRAIL. The City Atty. indicated that an error had been dis-
covered in the description on trail easements on the South side of Carlson Lake
and presented Quit Claim Deeds running to the owners with a request from the owners
for trail easements with the corrected legal description. Upon motion by Polzin,
seconded Rahn, all members voting in favor, it was RESOLVED that the Quit Claim
Deeds presented be approved and authorized for signature.
PROJECT #168-A - SIBLEY TERMINAL PARK STORM SEWER PROJECT. A contract with
Parrott Construction Co. covering Project #168-A consisting of storm sewer
IIIimprovements to the Sibley Terminal Industrial Park area was presented. Upon
motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the
contract be approved and ordered executed.
EAGLES NEST HOMES AGREEMENT. Upon motion by Smith, seconded Wachter, it
was RESOLVED that the agreement between the City of Eagan and Eagles Nest Homes
be approved and authorized for signing. All members voted in favor.
SPECIAL COUNCIL MEETING. The Council determined that a special meeting
will be held to discuss the 1977 Budget and the proposed police facility at
7 P.M. on Wednesday, September 15th at the City Hall.
Upon motion duly made and seconded, the meeting adjourned 11:30 P.M.
ill DATED: 9)- 7 77G 0:v /z- - E
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