12/21/1976 - City Council Regular MINUTES OF A REGULAR A?EF'^ING OF EAGAN CITY COUNCIL
EAGAN, MINiTESOTA
December 21, 1976
A regular meeting of the Eagan City Council was held on December 21, 1976,
at the Eagan City Hall at 6:30 p.m. All members were present; also present were
Alyce Bolke, City Clerk; Thomas Hedges, City Administrator; Robert Rosene, City
Engineer; and Paul Hauge, City Attorney.
MINUTES, Upon motion by Smith, seconded Rydrych, all members voting yes,
it was RESOLVED that the minutes of the December 7th and December 13th, 1976,
meetings be, and hereby are, approved as corrected.
BOARD OF APPEALS. The Council members were present.l.Arnold Carlson and Mr.
S. Peterson appeared on behalf of their application for nine foot variance to 21
feet for front yard setback on Lot 7, Block 1, Wilderness Park. Upon motion by
III Wachter, seconded Smith, all members voting yes, it was RESOLVED to recommend ap-
proval.
2. Mr. Kenneth Lehman and Paul Grosz appeared on behalf of their applica-
tion for variance for construction of single family home on one acre Agriculturally
zoned parcel in Section 34, West of and adjacent to Pilot Knob Road. It was noted
that the property formerly had a building on it and has been a separate parcel for
many years. The Council indicated that an easement for Pilot Knob Road of 60 foot
half right of way would be reqvired and the Building Inspector indicated that with
the variance, Eagan's minimum setback requirements from thoroughfares could be met.
The variances from the Agricultural zoning of a five acre minimum and the one
acre without City sewer and water were requested. Upon motion by Poizin, seconded
Rahan, all members voting yes, it was RESOLVED that the application be recommended
for approval, subject, however, to the grant of a 60 foot half right of way ease-
ment for Pilot Knob Road from the applicant to the City.
3. Kenneth Applebaum variance for Lots 7 and 8, Langhoven Addition. The
APC had made no recommendation concerning the matter and in effect, denied because
the motion to vote on the question died for lack of a second. Further, there was
no action by the APC on the application for waiver of plat. The application was
to divide two lots into three lots for construction of duplexes along Gold Trail.
John Klein appeared for the applicant. The variance would consist of 91 feet
rather than 100 feet at the minimum setback line. Upon motion by Polzin, seconded
Rydrych, all members voting in favor, it was RESOLVED that the application be
recommended for approval. All members voted in favor except Smith who voted no
because he indicated the Easterly lot appeared to be too snail with the existence
of a large amount of water on that lot.
POLICE DEPARTMENT. Tom Hedges reported and Jay Bertha was present. Mr.
Hedges indicated that the Police Chief recommended that Cadet Bill White be pro-
moted to part-time police officer effective January 1, 1977. Upon motion by
Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the recom-
mendation be approved and Mr. White employed as part-time police officer as of
January 1, 1977.
PARK DEPART/MUT. Mr. Hedges stated that a grant of $2,200 has been received
from the Department of Natural Resources for trail construction and maintenance for
cross country skiing purposes in the City.
IMPROVEMENT PROJECT 4190. The Mayor convened the continued public hearing
concerning improvement Projet #190 consisting of sewer and water extensions to
Carlson Acres on Pilot Knob Road. Four affected residents appeared. It was noted
that five of eight affected residents favored the project and questions were asked,
but no objections were voiced at the meeting. Upon motion by Wachter, seconded
Rahn, all members voting yes, it was RESOLVED that Proiect #190 be, and hereby
is, approved and the Engineer be authorized to prepare plans and specifications.
WATER AND SEWER RATE STUDY. Administrator Hedges reviewed the water and
sewer rate study compiled by the Administrator and Lorna Olson regarding duplexes
in the City. Mr. Hedges recommended a rebate for double bungalow and duplex owners
based on winter quarter meter readings, and the question of installing meters on
each unit was discussed. Upon motion by Wachter, seconded Smith, all members vot-
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ing in favor, it was RESOLVED that the City require that separate meters be in-
stalled for each duplex or double bungalow and further, that the rebate as recom-
mended by the City Administrator be granted to existing owners of double bungalows
and duplexes.
PETERSON AND CARLSON VARIANCE. Mr. Peterson and Mr. Carlson again appeared
on behalf of their application for variance for Lot 7, Block 1, Wilderness Park
Addition. Upon motion by Smith, seconded Wachter, all members voting yes, it was
RESOLVED that the application be approved according to the recommendation of the
Board of Appeals.
KENNETH LEHMAN AND PAUL GROSZ VARIANCE. Mr. Lehian and Mr: =Grosz " : again
appeared on behalf of their application for variances covering a one acre parcel
of Agriculturally zoned property in Section 34 West of Pil^t Knob Road. Upon
motion by Wachter, seconded Rydrych, all members voting yes, it was RES)LV3D that
the application be approved.
KENNETH APPLEBAUM. The application of Kenneth Applebaum was reviewed by the
Council for variance for reduction from 100 to 91 feet for setback for proposed
double bungalows on Lots 7 and 8, Langhoven Addition, and the application for
waiver of plat to provide for three double bungalows on two platted lots. Mr.
Klein appeared for Mr. Applebaum. Two neighbors appeared and objected on the
basis that the neighborhood has a precedent for R-1 development in Langhoven Addi-
tion has much larger lots than proposed. Mr. Ken Hedtke from the Planning Com-
mittee also appeared and stated certain objections he had personally to the appli-
cation. Mr. Klein stated that Mr. Applebaum would agree to retain the trees
around the pond as a natural barrier as much as possible.
1. Application for Waiver of Plat. Smith moved and Rydrych seconded a
motion to deny the application for the reasons including those mentioned above,
and the fact that the land area in the Easterly lot would be extremely small.
All members voted in favor-, except Polzin who abstained.
2. Application for Variance. No action was taken.
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CHES MAR SECOND ADDITION. A letter. from David Gabbert, the developer of
III Ches Mar Additions, was reviewed requesting that a study be commenced relating to
utility improvements in Ches Mar 2nd Addition for installation in the Spring of
1977. In addition, the developer requested clarification from the City as to pay-
ment for installation of the extension of Ches Mar Drive to Cliff Road. Upon
motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the
Engineer be authorized to prepare a feasibility study and report to the Council.
WEST PUBLISHING COMPANY. Robert Wotthington of Rauenhorst Corporation as
the contractor for the proposed West Publishing warehouse on County Roads 63 and
49 appeared. He indicated it would be a major distribution office facility for
the company with 50 employees initially and a 400,000 square foot building. The
EIS has been prepared and the EQC has indicated the development had no adverse
environmental effects. The request of West Publishing Company for a feasibility
study for utility installation and road improvements to Wescott Road and a portion
IIIof County Road #63 was reviewed. Upon motion by Rahn, seconded Wachter, all mem-
bers voting in favor, it was RESOLVED that the City Engineer be authorized to pre-
pare a preliminary report with various cost estimates for Wescott Road from High-
way 49 to Lexington Avenue.
FEDERAL LAND COMPANY. A petition from Federal Land Company for installation
of street improvements to Federal Street from Yankee Doodle Road to Washington
Drive was submitted and reviewed. Upon motion by Smith, seconded Wachter, all
members voting yes, it was RESOLVED that the City Engineer be authorized to pre-
pare a feasibility study.
PLANNED UNIT DEVELOPMENT - J. E. PARRANTO. The Council did not take action
concerning proposed utility improvements for the projected planned unit develop-
ment to be located on the Inver Grove Heights border South of Highway #55. An
existing joint powers agreement provides for Eagan to serve the Inver Grove Heights
portion of the proposed development with utilities.
IG'.I JOINT USE AGREEMENT FOR FIRE DISPATCHERS. The Agreement between the City
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of Eagan and City of Inver Grove -eights providing for Eagan doing the fire
IIIdispatching for IGH was reviewed. The estimated income to the City of Eagan =per
year would be $8,000. Upon motion by Polzin, seconded Wachter, it was RESOLVED
that the agreement be approved and ordered signed. All members voted yes.
1977 - 3.2 BEEP LICENSE RENEWALS. A list of the applications for renewal of
3.2 beer licenses in the City of Eagan was reviewed. Upon motion by Polzin,
seconded Smith, all members voting in favor, it was RESOLVED that the applications
be approved.
MWCC STRENGTH CHARGE SYSTEM. A proposed agreement and ordinance submitted
by the MWCC for the installation of a strength charge system for industries that
have extra strength sewage was reviewed by the Council. In Eagan, the Coca Cola
plant, Contract Beverages and Associated Citrus are three industries that would
qualify. Four alternatives for monitoring the system were reviewed and upon motion
III by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that
alternate number four whereby the MWCC would monitor the industries directly be,
and hereby is, approved and further, that the model ordinance, together with Joint
Powers Agreement be, and hereby are, approved subject to final review and redraft
by the staff.
CHANGE ORDERS. The following Change Orders were submitted: 1) Change Order
#2 to Improvement Pr.II 171, Pumphouse #4 for deduct of $515. 2) Change Order #2 -
Project 173 regarding Ches Mar 1st Addition - add of $1,620. 3) Change Order #2 -
Project 162 - add of $6,294.50 for street improvements on Lexington Avenue. 4)
Bicentennial Addition - Project 168 - Change Order #1 revised, $22$950 add. 5)
Change Otder #2 revised to Project 168 - to the Heine property - $15,873 add be
approved. Upon motion by Rahn, seconded Smith, all members voting yes, it was
RESOLVED that the Change Orders as submitted be approved.
IIFINAL ESTIMATES FOR IMPROVEMENT PROJECTS. Upon motion by Polzin, seconded
Rahn, all members voting yes, it was RESOLVED that the following final estimates
on improvement projects be, and they hereby are, authorized and that the projects
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be approved: 1) Project #181 for Cedar Grove No. 9 and 11, $16,706.23; 2) Pro-
ject:#171 Pumphouse #4, $12,154.00 less Change Order #2; 3) Project #162, Lexing-
ton Avenue Improvements add of $6,294.50; 4) Project #160A, Frederickson Excavat-
ing, Inc. - final payment $25,270.00.
COUNTY ROAD AND BRIDGE FUND. The City Administrator indicated that a letter
had been received from Dakota County requesting that all cities in Dakota County
certify that road and bridge funds will be used for road, street or bridge con-
struction and maintenance before the funds are dispersed by the county in 1976.
Upon motion by Smith, seconded Rydrych, all members voting in favor, it was RE-
SOLVED that such resolution be and it hereby is approved.
VOTING PRECINCT CHANGES. Alyce Bolke reviewed proposed changes in the pre-
cinct boundaries to provide for 11 precincts effective December 31, 1976, and
after discussion, upon motion by Smith, seconded Rahn, it was RESOLVED that a
III revised map providing for 11 precincts be and it hereby is, approved with the
numbering to begin for Precinct 1 at the North and to be numbered consecutively
Southerly. All members voted yes, except Polzin who voted no because of the cost
involved.
1977 BUDGET. Hr. Hedges submitted a printed budget for 1977 and after con-
siderable diocussion, upon motion by Wachter, seconded Rydrych, all members voting
yes, it was RESOLVED that the 1977 Annual Budget be and it hereby is approved.
POLICE NEGOTIATIONS. The Council reviewed in detail the counterproposal of
the Police Association for salaries, particularly that relating to secretarial
and dispatchers and the Administrator was directed to continue negotiations with
the Association.
ZOO INTERCEPTOR FINAL PAYMENT. Upon motion by Polzin, seconded Smith, all
members voting in favor, it was RESOLVED that final payment in the sum of $1,280
for the construction of the zoo sanitary sewer interceptor consisting of Project
#137 be, and it .hereby is approved, subject, however, to a determination by the
Engineer as to whether any further costs will be involved for the completion of
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the acquisition of easements on the project.
111 DAKOTA COUNTY WOOD WASTE DISPOSAL UNIT. A letter from the Dakota County Park
Director indicating that the County is in the process of applying for a matching
grant from the Minnesota Department of Agriculture for a wood waste disposal unit
consisting of a portable saw-mill and supporting equipment to saw logs from
diseased trees was reviewed. Smith moved and Wachter seconded the motion, with
all members voting in favor, that the City Council go on record supporting the
County's application and that the City Administrator be authorized to contact the
proper authorities, including the Metropolitan Council, indicating Eagan's support.
BURNSVILLE SCHOOL DISTRICT #191 - RESOLUTION. A resolution from Burnsville
School District #191 opposing the Metropolitan Development Guide Chapter of the
Metro Council concerning policies #2 and #11 was discussed. These chapters
appeared to deal with the review by the Metropolitan Council concerning capital
III expenditures for school districts. Upon motion by Wachter, seconded Rydrych, it
was RESOLVED that the City Council be, and it hereby is, on record opposing regu-
lation of capital expenditures as they relate to local districts by the Metropoli-
tan Council. Smith abstained because he was uncertain as to the scope of power of
the chapters indicated in the Development Guide.
HALLEY'S ADDITION. The Clerk indicated that there is a $500 escrow remaining
for improvements for Halley's Addition and indicated that necessary improvements
have now been installed and recommended release of the $400 balance in the fund.
Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that
the $400 be and it hereby is released.
BILLS. The following vouchers were presented and upon motion by Poizin,
seconded Wachter, all members voting yes, it was RESOLVED that they be approved:
II #224 through #2409 .#581Q,thtough--#5784, #3478 through #3697.
ADJOURNMENT. Upon motion duly made and seconded, ithe meeting was adjourned
at approximately 10:45 p.m.
December 21, 1976 /j1`-' k_ '
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1977 ON & OFF SALE MALT LIQUOR LICENSES
ON & OFF SALE BEER LICENSES
Parkview Golf Club Airliner Motel
Ray A. Rahn Ralph LaMoria
1310 Cliff Rd. 2788 Hwy 55
Eagan, MN 55123 Eagan, MN 55121
ON SALE BEER LICENSES
West End Fishing & Hunting Club Pizza Hut of Northwest, Inc.
Donald Hossalla, President Jeffrey Adelmann
805 Winslow Av. 3992 Sibley Memorial Highway
St. Paul, MN 55107 Eagan, MN 55122
Mr. D,s Pizza, Inc. Italian Pie Shoppe & Winery
William Duncanson Jerome A. DeGidio
3904 Beau d'Rue Dr. 1438 Yankee Doodle Rd.
Eagan, MN 55122 Eagan, MN 55121
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OFF SALE BEER LICENSES
Applebaums Spruce Motel
(Cedarvale Shopping Center) Gary Strus
222 Plato Blvd. 2794 Hwy 55
St. Paul, MN 55107 Eagan, MN 55121
Brooks Superette Superamerica
(4225 Cedar Av. So. ) (Hwy 13 & Co. Rd. 30)
Hwy 13 Ashland Oil
Prior Lake, MN 55372 PO Box 9 639 Second St.
St. Paul Park, MN 55071
Country Club Market #28
3820 Sibley Memorial Hwy. Tom Thumb Food Store #614
Eagan, MN 55122 (3904 Beau d'Rue Dr.)
10736 Normandale Rd.
Seven-Eleven Store Bloomington, MN 55431
(1665 Yankee Doodle Rd.)
9100 W. Bloomington Freeway Tom Thumb Food Store #166
Bloomington, MN 55431 (1430 Yankee Doodle Rd.)
10736 Normandale Rd.
Bloomington, MN 55431
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Eagan City Council Approval
(month, day, year)