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12/07/1976 - City Council Regular r2LVUTES OF A REGULAR P'TETII~IG OF TIIE EAGAT3 CITY COU"lCIL EAGAII, PrI~!r7ESOTA December 7, 1976 A regular meeting of the Eagan City Council was held on December 7, 1976 at 6030 p.m. with all members present. Also present was Alyce Polke, Thomas F?edges Bob Rosene and Paul Iiauge. MIidUTES. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the Council minutes of Rovember 9, 1976, Ilover.~ber 16, November 30, 1976 be and they hereby are approved. PA'{I: CO!`".riITTEE BUSIIIESS. 1. A list of the recommended warming house attendants submitted by the Park Director covering the period of December I8 through February 15th was reviewed. Upon motion by Rahn, seconded Wachter, it was RESOLVED to approve the list as recommended by the Park Director. All members voted yes. 2. Trail Walkway Over Cedar Avenue Bridge. The recommendation of the Park Committee that the Council recomeaend to the appropriate authorities that a trail wallcway be installed in conjunction with the construction of Cedar Avenue Bridge was discussed. The cost is estimated at $1.3 aillion dollars. The Council determined to take no action at the present time on the recommendation. 3. The Park Director recommended that Dennis Hergenroeder be hired at $4.00 per hour on a part time basis as the ice rink maintenance man from approximately December 15 to February 15. Upon motion by Wachter, seconded Polzin, it was P,ESOLVED to hire ~Jx. Flergenroeder under those conditions. 4. Front End Plow. Two quotes were submitted by Barbara Schmidt with the low quote of $1583 from La~Iass Corporation for a front end plow and recommended it be purchased. Upon motion by Smith, seconded ~7achter, all members voting yea, it was RESOLVED that the plow be authorized to be purchased and paid for from the 1977 Buci~et Funds. -2- BOARD OF AD.TUSTl`~?TS APdD APPEALS. The Council mer,~bers were present. 1`'-7-76 1. FEDERAL LAIID CO~k'A~IY VARLPn1CE. The application of Federal La*~d Company for a permit for a service station under Ordina*~ce ,'~52 in Bicentennial Addition as a deviation fro~a their Planned Development permitting it to be constructed c~ithout a motel or restaurant at the present time was considered. The APC recommended approval. Vernon Colon and I~.artin Colon appeared. Upan motion by Polzin, seconded Rydrych, all members voting in favor, it was RECON?I~NDFD that the application be approved subject to the APC recommendations. 2. r10PS9AT1 VOGELPOHL ORDIIdAi1CE AIO. a VARIA3CE. Mr. John Ylein and also a repre- sentative frog: Parl: Construction Co. appeared on behalf of the application of P?orman VoQelpohl regarding extension of time under Ordinance P1o. t3 for excavation and fill by Parl: Construction Co. regarding the Cedar Avenue project. It would permit approximately 17~hour days from 6 a.m. to 1Ie30 I+. m. including one hour lunci2 and half hour shift change. rir. I;lein indicated that the Metro `taste Control Commission staff is in agreement with the plan over the metro interceptor and final approval is expected from the MWCC next month. It is expected there will be c,5 working days wit's a minimum of 16 hours per day. It is further estimated that there be a 55 decible noise maximum level. It ease suggested '~y the applicant that a change in the route to cross Cedar Avenue adjacent to the ?3arton gravel pit and then to cross Silver 3e11 Road near the Kennelly farmhouse between I'iphway ~~13 and the apartment buildings. The applicant suggested t;1at Silver Be11 Road be closed off during the hauling period. Igo action was taken on that suggestion. Richard Yennelly appeared and opposed the 16 hour day after P,ay 1st. It was noted that the reason fvr the Barton pit route was the possible disruption of two trout streams, DTr<t objections and the possible objections fraei ocmers of residences along? the bluff. Glachter moved and Rahn seconded the motion with all members voting in favor to recommend approval of the variance with the understanding„ however, that the City Council°s applicable conditions placed by the Council at the ^!overaber 1~th meeting be imposed and the following; I. That the permit be subject to the Provisions of Ord. ~kR as amended, with the excdption of the hours of operation. _Z_ 12-7-76 2. That the permit be reevaluated before May I~t v=ith the understanding that regular inspections be made of the project by the City and if there are any problems that develop that the Council could request that the contractor appear before the Council to show cause why the problems should not be corrected with suspension of operations to be determined by the Council if appropriate. 3. That the Barton gravel pit route be used with the understanding that Local Traffic Only signs be installed at Highway #13 and Cedar Avenue. That a flagman be posted on Silver Bell Road and paid by the contractor to permit regular flow of traffic on Silver Bell Road. 4. That the contractor restrict its work as far away from the existing residences during the early and late hours as possible. 5. That the contractor provide lighting for safety purposes at the Silver Bell crossing. POLICE DEPART27ENT. Ntartin DesLauriers appeared. 1. Chief DesLauriers recommended the Engineer be authorized to review the right-of-way limits at the Airliner Motel on Lawrence Avenue because of a number of truck parking violations. Upon motion by ~lachter, seconded Rahn, all members voting in favor, it was RESOLVED that the Engineer be authorized to review the matter and report to the Police Chief. 2. IvIr. DesLauriers recommended that the Council continue to permit part time hiring of police personnel for training and assistance purposes and that the part time personnel portion. of the budget be continued in 1;'77. Council members . .6 - indicated that there were sufficient. funds to hire tt ~ full-time police officers in 1977 or at the option of the Police Chief that part time persons could be hired as an alternate. No action was taken. PROJECT ~~162 - CHANGE ORDER. A final statement from Alexander Construction Co. for the improvement of Lexington Avenue in the sum of $6,294.50 was reviewed as was the offer of Great American Insurance Co. of $5,500 total settlement. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the Change Order be approved and Alexander Construction Co. be authorized to be paid. Upon further motion by Smith, seconded ~dachtex, it was RESOLVED that the City staff recontact the bonding company for further negotiations concerning settle- meet of the claim by Eagan. -3- 12-Z-76 LE-ANTI, IA1C. - COTdDITIOI~AL USE PERMIT. Elmer Scott appeared for the applicant. After discussion, upon motion by Polzin, seconded Rahn, it was RESOLVED that the Conditional Use Permit applj.cation of Le-Ann, Inc. for a restaurant and on-sale liquor sales at highway ~~3 and County Road 430 be approved subject to the recommen- dations of the Advisory Planning Commission and other applicable ordinance require- vents. TOtJSIQJANT EASErIE~iIT - HLt~i~dAY ~~13 and YANKEE DOODLE ROAD. Paul Hauge stated that the easement requested for the widening of the intersection of Highway ~~13 and Yankee Doodle Road at the Valley Lounge has now been acquired from 2~r. Tousignant and recott~ended that the Council authorize the payment of $1,000 originally offered to the property owner for the easement. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the payment be authorized and that the easement be accepted and forwarded to the riinnesota Highway Department. VALLEY LOUNGE LIQUOR LICEPISE. Lois Tousignant, the applicant appeared with her husband, James Tousignant. Mrs. Tousignant indicated that she had no previous experience in the business and the Council discussed the revocation by Dakota County of the liquor license in approximately 1971. There were concerns by the Council that the true operator may not be Lois Tousignant but PZrs. Tousignant indicated that she would be the manager and operator of the restaurant. Upon motion by Rahn, seconded Polzin, all members voting yes, it was RESOLVED that the liquor license be granted for the year 1977 with the understanding that Psr. James Tousignant not be involved with the operation of the restaurant and upon any violation of this requirement, or of any ordinance or statute that occurs on the premises or any serious problem that the Council would deem a violation of an ordinance or statute, that the Council would then revoke the license upon appropriate notice to the licensee9 further, that the approval will be subject to the provisions of the applicable ordinances. Mrs. Tousignant agreed to the conditions spelled out in the motion. -4- 12-7-76 PROTECT X190 - PUBLIC IiEAP.ING. The Mayor convened the public hearing, concerning sewer and water improvements for Project ~E190 in Carlson Acres and the Alfred Rahn property. Mr. Alfred Rahn withdrew his request for service to his property. The Engineer reviewed the project. A large number of owners in the Carlson Acres area appeared with questions and some asked for special consideration by the city because of the layout of Carlson Acres. Wachter moved and Smith seconded the motion to continue the hearing until December 21, 1976 at 7 p.m. to permit the affected owners a chance to discuss amongst themselves the installation of the proposed project. All members voted yes. FEDERAL LAPID COP~ANY - VARIANCE. Upon recommendation of the APC and Board of Appeals, upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that the variance application of Federal Land Co. regarding service station be approved. CONDITIOt7AL USE PERMIT - FEDERAL LAtiD COMPANY. The application of Federal Land Company for conditional use permit for service station in Yankee Square Shopping Center, Bicentennial Addition was next xeviewed. The AYC recommendations were discussed. Upon motion by Wachter, seconded Rydrych, it was RESOLVED to approve the application subject to the recommendations of the APC. All members voted yea. FEDERAL LAND COMPANY - BICENTENNIAL ADDITIOr1 N0. 2 and 3 FIPIAL PLAT. The application was reviewed by the Council together with the APC recommendations. Upon motion by Rahn, seconded Smith, all members voting yes, it was RESOLVED that the application be approved subject to the APC recommendations. FEDERAL LAND COMPANY - PHASE 2. The application of Federal Land Company for approval of Phase 2 of Bicentennial Addition No. 2 was submitted. Federal Street will be petitioned for improvement during the installation of improvements in Bicentennial 2nd Addition. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RpSoLVLD that th® application be approved. -5- 12-7-76 VOGELPOHL VARIAPTCE. The Council next reviewed the recommendations of the Board and Appeals concerning the vaziance requested by Norman Vogelpohl to allow for a 17~ hour wortcday for excavation and fill for the Cedar Avenue project. Upon motion by Wachter, seconded Rahn, all members voting yes, it was a^SOLVED that the application be approved subject to the stipulations provided by the Board of Appeals. DUNK & KOEPLIN REZONT:dG APPLICATIOPI. The application of Ed Dunn and Rev. . Koeplin to xezone 3x2 acres from A-Agricultural to P-Public Facilities in Section 22, East of Pilot Y.nob Road was next considered. Mark Parranto appeared for the applican and also Rev. Koeplin. The Council reviewed the recommendations of the APC. Mr. Parranto showed the proposed layout for the permanent facility and also possible development of the area surrounding the church parcel. There would be 2G parking spaces at the present time and in the future an 80 car parking lot. There were questions about the frontage road e~ith the recommendation from the APC was that there be sufficient easement for a frontage road on Highway ~~31. Upon motion by tdachter, seconded Rahn, all members voting in favor, it was RESOLVED that the application be approved subject to the recommendations of the Planning Commieeion. Gr'AIVER OF PLAT - KOEPLIN AND DUNN. The application for waiver of platting for the proposed Wisconsin Synod Lutheran Church regarding the Dunn and Koeplin property was next reviewed. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the application be approved subject to the APC recommendations. EASTER LUTHERAN CHURCH REZONIIQG. The application of Easter Lutheran Church to rezone from A-Agricultural and R-1 Residential Single to P-Public Facilities covering property at the Southwest corner of County Road 430 and Pilot Knob Road was next considered. Rev. James Borgschatz appeared for the applicant. The APC recommended approval. There were no ob,~ections to the application. The total acreage would be 4~ acres and there would be possible future access to both Pilot Knob Road and County Road 430. Wachter moved and Rahn seconded a motion to approve the application. All members voted yea. -6- 12-7-76 D.H. GUSTAFSON REZORVI1dG-CEDAR AVENUE PROnERTY. Larry Frank appeared on behalf of the application of D.H. Gustafson and Associates to rezone from R-4 Residential Multiple to LB-Limited Business, part of the northwest of Section 30 consiSCing of 17 acres of a 25 acre parcel West of Cedar Avenue. The APC recom- mended approval. About eight acres is expected to be acquired for Highway ~~36. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the application be approved. ORDINANCE N0. 8. The City Administrator reviewed Amended Ordinance No. $ with the Council based upon some recommended changes by the APC. Several possibili- ties for fees including a cost recovery basis with abase permit fee or a fee based upon the amount of fill or excavation removed were discussed. Wachter moved and Rydrych, seconded a motion to adopt amended Ordinance P1o. $ as presented to include a base fee according to the schedule attached to these minutes plus a fee determined upon costs incurred by the City including; inspections, etc. to be paid by the applicant when billed. DANIEL FEATDRICR - MANDAMUS ACTION. City Attorney Paul Hauge reviewed briefly with the Council a Writ of Mandamus action brought by Daniel Fer*~drick and wife in the Dakota County District Court requesting the City to divide Lot Bloclc ~ Rid$eview Acres into 115' and 110' frontages on Monterey Lane. A hearing on the writ will be held on Wednesday, December 15th at 9 a.m. in Hastings. The City Atty. was directed to proceed with the defense on behalf of the City. VOTING PRECIT7CT C~iANGES. The City Clerk, Alyce Bolke, presented a proposal for changing the 7 precinct boundaries in the City to 11 precincts identified by a map submitted to the Council. No action was taken and further study will be made prior to the end of December, 1976. It was noted that unless changes are made by December 31st, the City can not change its precinct boundaries until 1982. MUNICIPAL STATE AID STREET DESIGPIATION. City Engineer Rosene reviewed a -7- 12-7-7b proposal for adding additional mileage within the City for municipal state aid streets including proposed Aldrin Drive and a portion of Silver Bell Road. Nineteen miles are currently in the Eagan State Aid system and the allowable mileage is 21.24 miles. Upon motion by P.ahn, seconded Rydrych, all members voting in favor, it was RESOLVED that the proposed resolution as presented increasing the municipal state aid mileage be approved. Upon further motion by Smith, seconded Wachter, all members voting yea, it was RESOLVED that the resolution revoking a portion of Cliff Road at the East end from state aid designation be adopted. WILDEF.NESS RUN 6TH ADDITIOi~ DEVELOPMERT CONTRACT. Arnold Carlson appeared and requested that the Council approve the Wilderness Run Gth Addition Development Contract. He indicated that a letter of credit from Minnesota Federal could be acquired but requested that the escrow for County Road 430 be changed according to the letter submitted. The City Atty. indicated that an agreement should be reached with Minnesota Federal concerning the security deposit and upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the Roadwork Agreement be approved with 3ihe understanding that a letter of credit or appropriate agreement for security purposes for the development contract be entered into with Minnesota Federal and the developers. FIRE DEPARTMENT COMPENSATION. It was noted that the Fire Department had withdrawn $21,896.50 for the period of December 1, 1975 through November 30, 197b for fire department member's compensation amounting to $1,396.50 over the budget. The additional funds will be acquired from the Fire Department budget. URBAN PLANNING AND DESIGid FEE SCHEDULE. A proposed fee schedule for 1976 was submitted bq Urban Planning and Design for its planning services for the City. After discussion, upon motion by Rydrych, seconded L~lachter, all members voting in favor, it was RESOLVED that the schedule be and it hereby is approved. SIBLEY TERMIF~IAL PROJECT #168-A - C'iiANGE ORDER N0. 1. The City Administrator -8- 12-7-76 submitted Change Order Pao. 1 to Project 4168-A consisting of an add of $1,168.90. Upon motion by Rahn, seconded Rydrych, all members voting in favor, it was RESOLVED that it be approved. PtORTHERN NATURAL GAS COMPANY - ENERGY COMMITTEE. Tom Hedges submitted a proposed letter recommended by the Energy CoAmittee to be sent to Northern Natural Gas Company operating as Peoples Natural Gas Company concerning single family natural gas connections in the City. It is proposed that in the event that the support of natural gas can not be acquired on a non-discriminatory basis, that the City then seek natural gas service from an alternate larger metropolitan natural gas distributor. Upon motion by tdachter, seconded Rahn, ell members voting yea, it was RESOLVED that the proposed letter be authorized to be signed by the PZayor and forwarded to Northern Natural Gas Company. GOPHER SMELTING COMPANY. The City Atty. indicated that the assessment appeal covering Gopher Smelting Company property on Highway 4E49 has now been settled and the appeal to the District Court has been dismissed. Upon motion, the meeting adjourned at about 12:10 P. M. DATED: % ~ - 7 - 7 G ~ 4~ ~.~-aCC.c_.._= -9-