11/16/1976 - City Council Regular MIPdUTES OF A REGULAR P~ETI?LTG i~F Tl~ EAGAr? CITY COUNCIL
EAGAP7, MIPP'1ESOTA
November 16, 1976
A regular meeting of the Eagan Citq Council was held on November 16, 1976 at
G;30 P.M. All members were present. Also present were Rosene, Hedges, Bollce and
flaus~e .
I~NUTES. After the Pledge of Allegiance, upon motion by Wachter, seconded
Rydrych, all members voting in favor, the minutes r+ENC}1 9x!=XH!Iv&b
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z8~z5'[\bd *M;cSLCeu/' KOoi*ldJ-*BPVh}ID-}NVe*^Heo City Council in some detail through a slide presen-
tation the two alternate routes of proposed I35E around Blackhawk Lake in Eagan.
lie outlined the schedule of progress on the road which has no change from the last
public hearing with acquisition to commence in Eagan beginning in the Fall of 1977
and the highway is scheduled to be opened in 1983. He stated that Aldxin Drive
in the northern portion in Eagan is being planned as a State Aid Road. A summary of
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responses from affected agencies was reviewed and tix. Linzie re4uested that the
City Council again review the two alternates with the objective of making; additional
recon.~aendatiors. It was noted that there were S additional homes to be taken on
Route A-2. A Iarge number of affected property owners were present some of whom
favored A-1 and others who favored A-2. After considerable discussion, Polzin
moved and 6~achter seconded a motion that the Citq Council be on record reaffirming
its preference for Route A-1 for reasons including: the fact that substantial planning
has taken place in the City through the years with Route A-1 in mind. All members
voted in favor.
PARO PfOTO. Upon motion by Smith, seconded Wachter, all members voting in
favor, it was RESOLVED that the variance for Pako Photo for signs on its building
be approved.
LE-ANN, INC. LIQL*OR LICF.PiSE. Elmer Scott appeared on behalf of the application
of Le-Ann, Inc. for liquor license application approval on its site on :iighwa;~ ~~3
and County Road X630. One neighboring resident appeared and objected to the issuance
of the liquor license. There were no objections from the Police Department relative
to the license. Upon motion by Rah~g, seconded Smith, all meribers voting yes, it
was RESOLVED that the application be approved subject to approval of other
necessary peraits.
NORMAA? VOGI:LPOI3L FILL AND ERCAVATION PERP2IT. John F1ein, Norman Vop,,elpohl,
Bill Jensen of Suburban HnQineering and a representative of Park Construction Co.
appeared on behalf of the application of Tlorman Vogelpohl for a fill and excavation
permit under Ordinance No. ~ covering property located in the area of Silver 3e11
Road, North of Highway X613. The purpose would be to acquire fill for Cedar Avenue
and also for a dumping area for the excavated material from the Cedar Avenue right-
of-way. It was proposed that the short distance for excavation and fill purposes
would use Cedar Avenue at ~iichols Station and cross Cedar Avenue with no other
use of public roads. There would be 15 foot maximum cuts and the material would be
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mined from the Vogelpohl propetty and refilled with existing material up to 3 or
~S feet of black fill. A letter from Park Construction Co., the low bidder on the
excavation and fill contract for Cedar Avenue approach, agreed to abide by all
necessary provisions of Ordinance ~~8 as amended except for requesting; a 3 year
permit for selling the Beat material. It was also requested that the contractor
be permitted to work on a two £3 hour shift per day basis S days a week to comply
with the 180 day completion requirement of the bepartment of Transportation. Park
Construction indicated that it would bridge Cedar Avenue if there were traffic
problems that the low area below the existing bluff would be filled and the bluff
would be cut down with a one per cent slope and then a more greater slope running,
Northerly. If cor_ventional trucks were used for the excavation, 250,000 truck loads
would be required but large Euclid trucks from the iron range will be used to trans-
port to and from the Vogelpohl property.
It was noted there was no newspaper notice so the neighbors in the area c~ere
not awaxe of the application and there was concern of objection from neighboring
owners concernin, noisa, dust and possible other objections. The proposed hauling
would begin at 6 A.tt. in the morning until 10 P.P~'{. at night. Park Construction Co.
agreed not to work in the area near the apartments during; the early or late hours
and to keep the haul roads as far away froze the residences as possible. It was
noted that additional excavation material may be needed .from another location in
the event t~~ere is not sufficient material an the Vogelpohl property. Park
Construction Co. agreed to build an overpass over Cedar Avenue for hauling the
material. Siaith noved and ~Tachter seconced the motion to grant the excavation and
fill permit with the following conditions:
a. An overpass would be built by Park:. Construction Co. over Cedar Avenue during
the hauling period.
b. All efforts would be made to minimize the impact on the nei~*hborinp
residents including keeping the haul roads as far away fron the residences
as possible, minimizing dust and noise.
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c. That the exact hours be determined from tune to time by the City Council
in discussions with Park Construction Co. but that the current Ord. ~~8
regular hours be complied with unless a variance is granted.
d. That the contractor comply with proposed amended Ord. ~~8 other than the
procedural requirement of a Conditional Use Permit an`i that the Ord. ~E8
permit be granted for one year only.
TEP~'ORARY OPE1`I SALES PEIZ'+TLT. P1r. Creg Hortaoth appeared on behalf of his
application for te~rporary open sales permit for the purpose of selling heavy duty
cookware on November 13 and 19 at the Valley Lounge parking lot. After reviewing
the ordinance, upon motion by Rydrych, seconded Rahn, all mexabers voting yes, it was
RESOLVED that the application be denied because a conditional use permit would be
required under industrial zoned area.
LIQUOP. LICENSE REP?EWALS & WIT<TE LICE:~ISE. A list of all of the renewal requests
for on and off sale liquor and wine licenses in the City of Eagan was submitted and
reviewed by the Council. Upon motion by Smith, seconded Ldachter, all members voting
yes, it was RESOLVED that all licenses be renewed conditioned upon fulfillment of
ordinance requirements with the exception of the Valley Lounge in that Marge
Revolinski proposes a transfer of the license, according to the schedule attached
to these minutes.
PROJECT ~~181 - JURDY ROAD IP~ROVEP~dT. The City Engineer recommended approval
and upon motion by Smith, seconded Rahn, all members voting in favor, it was
RESOLVED that the sum of $1,244 be paid to P4innesota Valley Surfacing as Change
Order ~~1 to Project ~`~181 for improvements on Jurdy Road which aum would be paid
from road and bridge funds.
PROJECT 4162 - LEXIr1GTON AVENUE. The final cost for the improvements of
Lexington Avenue under Project ~~162 by Alexander Construction Co. had not been
submitted and no action was taken.
41ILDEP,~IESS RU:d 5TH ADDITIOAI - PROJECT ~~136. Upon. recommendation of the City
Engineer and upon motion by t~Pachter, seconded Smith, all members voting, in favor,
it was RESOLVED that the balance of the performance bond in the amount of $1,225
for Wilderness Run 5th Addition improvements be and it hereby is released.
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BEAU u ' _R'tJr' SIDf:?,Jt~LI' - PR.OJPCT 9~1°v9 . The City ~:ngineer submitted a preliminary
report coverin; the proposed sidewal'Ic on the north side of ?ieau d'Rue Drive near
Rahn Road at an estimated cost of S2yjs00 recommended for Sprins construction to be
raid from municipal state aid funds. Upon motion by L~)achtery seconded St+lith9 all
members voting in favor, it was RESOLVED that the preliminary renort be accepted
and that the City Fr_gineer be authorized to prepare plans and specifications and
to proceed with the necessary application for state aid funds.
T?t.~CC JOIPTT Ai~?,.'i3T~'?T. The City Administrator su~,r±itted a request from the
~JCC for reaze~•~al of the lease for the sewer stub under the railroad right-of-way
near the Seneca iJaste Treatment Flant on the basis of S100 per year. Upon motion
by Smith; seconded Rahn, it was P,i;SOLVFD that the lease be renec•~ed for an additional
year. All *;~enbers voted yes.
PROJECT 46190 - S~.i?ITARY SLt~n:'F•. FURPOSF.S. The City Engineer submitted a prelir=i-
nary report coverinn Project u19pi relating to sanitary sewer improvements in
Evergreen Acres and the Alfre3 Rahn property. Upon. motion by P~ahn, seconeed Smithy
all members voting yes, it Boas RESOLV~.D that the Council accept the renort and
schedule a hearing for December 7, 197E at 7 p.m. at the City fall.
FIAJAL IT4PT'.OVEtyTJT FOP. PROJ1jCTS.
1. 1~'7E Seal Coat Project - Dlactchawl~ Construction Co. - su*! of $2yQ00.57.
Upon motion by SFaithy seconded ITachter, all r,embers voting yes, it i~~as ?ZL'SOL~~'D
that the project be approved and final payment made.
2. Project 461~s4 - 4~Jilderness Run Road.. Upon notion by l?.aY~ny secondee Srithy
all members voting year it c•~as w SOLt~ED that the final payment for $~S~74I.C2 be
authorized to Fischer Construction Co. for Wilderness R+.zn Poad improvements and the
project be accented.
3. Project 46156-A. Upon motion by Pol2in, seconeed t•Jachter, all members voting
ir. favors it was FTSOLVFD that Project 46156-A consisting of T~loodgate Third Addition
street ii:~provements be approved and that final pay*~ent of $3C 9015. i4 be ~cte to
TtciTamara-Vivant Construction Co.
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NORTHVIEW PARK PURCHASE. The City Atty. indicated that the closing for the
acquisition of the 30 acre Northview Park from Lexington South, Inc. is now scheduled
for Friday, Povember 19 at 2 P.1'4. at the City Hall and requested that approval be
made for payment to the property owner. Upon motion by Polzin, seconded Smith, all
members voting in favor, it was RESOLVED that the Council hereby approves payment
of the funds for the panic and authorizes a closing for the transaction.
SIBLEY TERMINAL IPIDUSTRIAL PARR. The Council next considered the request from
Nir. and tins. Roger Olson for a credit of approximately $11,500 computed by the
City Engineer toward assessments for Lots 6 and 7, Sibley Terminal Industrial Park
Block 1 under Project 44168. The Council reviewed the request for credit for the
existing storm sewer pipe on those lots and also the realignment of the storm pipe
parallel to the 2~JCC sanitary interceptor. Upon motion by Polzin, seconded Wachter,
all members voting in favor, it was RESOLVED that Mr. P.oger Olson be granted a credit
of $11,518.75 toward storm sewer lateral assessments on the lots mentioned above;
further that the proposed storm sewer pipe be realigned to run parallel to the exist-
ing P1WCC interceptor and that no further storm sewer assessments a;ainst the two lots
be levied in the future; further that these provisions be conditioned upon the
grant of an appropriate easement to the City of Eagan for storm sewer purposes
under Proj ect 41168.
POLICE FACILITY. Administrator Hedges reviewed the application for federal
grant for the police facility and indicated that the application had been submitted
to the proper authorities in Duluth on November 17th and will be submitted to the
regional office in Chicago during the current week.
PiE47 PRECINCTS. Alyce Bolke recommended that additional precinct polling
places be established by the City Council prior to December 3I, 1976. A study is
now taking place as to realignment of the precincts.
STATEMENT. Upon motion by Wachter, seconded Rahn, all members voting in
favor, it was RESOLVED that the following statements submitted to the City be
approved:208 223; 3352 - 34778 5360 - 5609.
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DAt:OTA COtT,~ITY SL~RVICE CE'TITEF.. It was noted that the County Board had acted
on PIo~ve~nber 16th concerning the proposed service center in the City of Eagan and
the Council expressed its concern about the location of the center. Upon motion
by Polzins seconded Fahn9 it was RESOLVED that a letter be sent to the County Board
recomarending that a service center be authorized in the area o£ Cliff Road and Cedar
Avenue at the earliest possible time. All members voted in favor except Smith who
voted no.
Upon motion the meeting adjourned at 11;30 p.m.
DATED e ~iF-~.~ ~ ! 7G 1~.., ~u ;~.3~-~~w
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