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05/03/1977 - City Council Regular 5-3-77 I1LNUIE3 OV A PECULAA KC!.17W, or jE -LAGAN CITY COUNCIL EACAN, laNNESOTA VAX 3, 1977 III A regular meeting of the Eagan City Council was held on May 3, 1977 et P.M. at the City Hall. Those present were Mayor Polzin, Councilri Smith, Fr, n, 7achter and Rydrych. Also present were Rosene, Bolke, Hedges and Hauge. BOARD OF APPEALS. The Council members comprised the Board of Appea1s ie Ptldi- tion to Mrs. Blomquist from the Advisory Planning Commission. CMS VAR 1ST ADDITION, LOT 9, BLOCK 1, VARIANCE. The application of Devciers Construction, Inc. for a 10 foot variance from front yard setback regulationd Cl Lot 9, Block 1, Ches Mar 1st Addition was first considered. The APC recommended approval. The application was explained by the Administrator. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED to recnmmmd approval of the application. JAMES DRISCOLL - LAKESIDE ESTATES. The application of James Dri;,roil 11,: a 10 foot variance for front yard setback for parts of Lots 13 & 14, Block i III Estates was next reviewed. The reason for the setback need was to MO'r ' .t'I cl,.tptie system farther away from the lake. Upon motion by Wachter, seccNived '!fl:/ 1, ail renhcrs voting yea, it was RESOLVED to recommend approval. MINUTES. Upon motion by Wachter, seconded Rydrych, all nEmberr., ..1tIrci: in favor, it s:Is RESOLVED that the Agenda and the Minutes be approve(' ao POL.CCF LEPARTNENT. Martin DesLauriers appeared. P91:70rC0%_Bids. Chief DesLauriers submitted three (3) bids for two -.,0I.ice cars and iocorncndA the low bid of Wilroy Ford. Upon motion by .7GI1-11, c,..,:',:, “;.'4 Wachter, CA -1.: 5(,.rs voting yes, it was RESOLVED to approve 0,c ,o,( L%_e: , -1ircy Ford. Tiai:y Lme Oak Lutheran School - Firearms Training. Chiir recommendcd that the Council approve a Firearms Training Schol to i ovoz4ned by III Trinity Lone Oak Lutheran School near Highway #49. Upon motion by Polzin, seconded Smith, all Illembers voting yea, it was RESOLVED to approve the Firearms Training School. , _ 5-3-77 Fire Stfiatlnn m- No. 2 Garage DLre, Bill L:+.n3blade, Fire Department rem!ler, ap4esred and submitted quotes from two companies for replacing five doers at E:re Station No. 2 or an alternate for 3 new doors with repair work on the remelt,- ing 2 doors. The 5 door replacement had a low quote of $5,534. Upon motion 1;1° Ti2chter, seconded Rahn, all members voting yes, it was RESOLVED that proposal i consisting of a low bid of $3,859 from Steel Structures, Inc. for purchase of garage doors and repair of the 2 remaining doors. F:CARTHY HOUSE - PATRICK EAG&N PARK. There was discussion by the Council concerning whether to permit the present tenant to continue to live in the McCarthy House in Patrick Eagan Park. It was noted that there are a number of structural and mechanical defects and the Council determined that it would be improper to permit the house to be rented if the house is not in rentable condition. Upon motion by Rahn, seconded Rydrych, all members voting yes, it was RESOLVEE.:) that the tenant be notified that he is no longer authorized to occupy the prc. .-, : :: ,:.. _i the lease would be terminated. A further study will be made as to the histo:°ucal importance of preserving the house. PROJECT #201 -- CLIFF ROAD STREET IMPROVEMENTS. The Mayor next co,-,7.zed the hearing concerning Imp. Project #201 consisting of street improvements at the intersection of Johnny Cake Ridge Road and Cliff Road. Robert Sandee. , s`ahcta County Higlaaay Engineer and Gary Erickson of the Highway Department .:,err and rerirwe:3 the Dakota County improvement proposal. James Kenn.etly, Commirr-en- 77 .71 also present. It was noted that the improvements kou).1 ir. :`rom B?ackh'.& on t':e F st to 1,000 feet of Johnny Cake Ridge Road for , ;E% lane &:Lced u %,an roadway. There would be a minimum of 111 coo right-of-way required and the cost sharing would be City - 45% cn..3 Cc: t-7 - 35Z. There weld be an 11 foot centerline shift to the South at t ze en r :: 25 foot maximum ehift to the South at Johnny Cake Ridge Road. A loge number of affected property owners on both sides of Cliff Road appeared, most of whom o'jcetod -2- ,. 3-77 to +.:.he :rprovem .nts. The primary c.,bj ccti.on hsd to do with a an anticipated inerea: e IIIsz.; i ci.ee, particularly in the Woodgete area and it was suggested that there be po: ntl_n. s on the North side. In addition, because of the safety problem adjacent to Wvodgate Addition, a suggestion was made that a guardrail be installed on the ?;Qrth side of the road. In addition, neighboring property owners objected to t-M: 13 loot median and it was noted that one reason for the median was for the long L A,-ae 20 year forecast of traffic. Mr. Steven Marstad submitted a petition signed Ly r:pprcximately 25 people stating that the plan was overly detrimental to the neighborhood. The petitioners agreed with the need to upgrade the road but requeate . that additional time be given to review the impact and the plans. The hearing convened at 7 P.M. and the County portion was completed at 9 P.M. Next the public hearings were convened for Project #201 consisting c-1' the Eagan street improvement portion for Cliff Road and Project #202 cou ietr et the IIIdrainage and utility crossings on Cliff Road during the improvement of the rod. The City Engineer explained the project. Mr. Sandeen indicated that it's doubta.1 that the improvements can be started during 1977 and that Federal approval is necessary even though there will be no Federal funding. It was cug,ge ;ued by Mr. ':p.Ychter that the County be responsible for a greater percentage of the cost becmise of the zoo impact and further noted that it was because of the scheduling of the :ec in the Sp-zing of 1978 that construction take place dating 19 7. '.iie heard ; a.x^ closed about 9:30 P.M. Smith moved to approve the road c ;Inapt fer Pwo ecr_ 7r,01. .1s,._ order in the project, but that the Council be permit:t:at. to .:cvTeu the aitscnuo-,:3 1 . the design with possible changes in decreasing to •.dLh 1 length of the median and also that other considerations be is ;:t 1 dirt)-3 c',. gu-1:a. ail and plantings for screening purposes; FURTHER RESOLVED to.e i',7 Y: la - stcod that the County Board review the impact of the zoo on t::.=� act:;z ')1 ,.ite:: road IIIimprovements at the present time with the objective of reducing the City's oorti.on -3- I 5-3-77 of the funding below the 45% Cou74ty requirement, Rydrych seconded the rioi::.on and III =,li members voted in favor. Upon further motion by Wachter, seconded Rahn, all m -tbers voting in favor, it was RESOLVED that Imp. Project #202 be and it hereby is approved and ordered in and that the City Engineer be authorized to prepare '7_a.(7 and specifications. ORDINANCE NO. 68 - ELECTRICAL INSPECTOR. Hr. Bill Atkins of the M.inneso,a Flectr-ical Inspector`s office and Dale Peterson appeared. A revised draft was s.tbn .tted by the City Attorney which incorporated State Law, State Board of Electricity Regulations, National Electric Code, and National Electrical Safety Code into the Eagan Ordinance. Mr. Atkins reviewed the procedures concerning the operation of the ordinance and the role of the Electrical Inspector who would be under contract with the City. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the ordinance as submitted be and z_t. h..reby is approved and ordered published. IIITEE SCHEDULE UNDER ORDINANCE NO. 68. Upon motion by Wachter, seconded EAT , all members voting in favor, it was RESOLVED that the fee schedule as cobuitted by the City Administrator be and it hereby is approved covering Ordina-,co No. 68. CRES MAR 1ST ADDITION - VARIANCE. The application of Developers Construction Co. for a 10 foot variance from the front yard setback for Lot 9, Dacca 1, Ghes Ma:: 13t Addition was next reviewed. Upon motion by Rahn, seconded R.ydrych, s.:'l memiLiers voting in favor, it was RESOLVED that the application be anpr�:,4., TA 'r°:.TTE ESTATES - VARIANCE. The application of James Driscoll for t: _.0 foot v-rtA sloe _.:::om the front-yard setback on parts of Lot 13 and 14, Block :s. Tzn idc?. Ectates Addition was next considered. Upon motion by Wachter. cord :7. _l: '-h,41 z m nhe:es voting; yea, it was RESOLVED that the application be approved. 1-PETROL :UM - PLAT WAIVER. Mr. Patrick Wilcox , attorney, i o '. ,,.0 ba.=elf IIIof the application of Q-Petroleum - Skelly Oil Company for waiver of plat for a -4- a 5-3-77 230' by 230' parcel in the NE4 of Section 10 at the Southwest intersection of Lexington Avenue and Lone Oak Road. It was noted that the APC recommended approval of waiver of platting and subdivision requirements to the time of the sale of the property on February 1, 1977. It was further noted that the applicant was not requesting a waiver of platting or other requirements for future uses for improvements to the parcel. The APC recommended approval with conditions. Upon motion by Rydrych, seconded by Wachter, all members voting in favor, it was RESOLVED that the application for waiver of plat in Section 10 be approved according to the APC recommendations but that no requirement for right-of-way be requested at the present time until development occurs on the parcel. OAK CHASE ADDITIONS - REZONING. Mr. James Frisbee and Bea Blomquist appeared on behalf of the application of property owners in Oak Chase Addition including all of the West % of the SE4 of Section 27 to rezone from R-1 Residential Single to E-Estate zoning and P-Public Facilities. There were no objections to the rezoning. It was noted that the entire 80 acre parcel would be rezoned and that only two owners had not signed the petition. Mr. Frisbee stated that a few side lot variances may be necessary in about three lots in the future for construction purposes. He also stated that he would divide the park lots when the balance of the lots are sold for construction consisiting of the lots on Wilderness Run Road. There was discussion concerning the need to dedicate the property designated park and requested to be rezoned to P-Pulic Facilities. Mr. Frisbee indicated that he would be submitting a plat for a portion of the balance of the unplatted property at the next Advisory Planning Commission meeting, and that the park issue will be resolved shortly. Upon motion by Polzin, seconded by Rydrych, all members voting in favor, it was RESOLVED to rezone all of the proerty as designated by the applicants and the Council from R-1 to E-Estate and P-Public Facilities as recommended by the APC. MARELL 1ST ADDITION - PRELIMIANRY PLAT. John Klein appeared for Ken Appelbaum on behalf of the application of preliminary plat for Marell 1st Addition on Gold Trail. It was noted that the application for variance had been denied by the -5- 5-3-77 Council at an earlier time and there had been several appearances before the Council IIIr,sgarding this development. The proposal would include 3 sets of duplexes on I .: 7 & 8, Langhoven Addition and according to the applicant, the minimum require- neaes of the subdivision regulations would be met by the plat. There was a minor G+aanie in the line between Parcels A & B to provide for setback requirements to comply with the ordinance. The APC recommended approval. There was further 2iscussion concerning the half circle and objections by certain Council members and the fact that there would be a cul-de-sac at an interior street rather than at the corner. There were also questions raised concerning the appropriateness of Parcel C as a buildable lot with 15,270 square feet of land area. Polzin moved and Rahn seconded the motion to approve the application for preliminary plat with an adjust- ment of the line between Pareels A & B to comply with the ordinances with the understanding that no variances would be needed. All members voted yes 'zcept Swith III who voted no. Mr. Klein requested consideration by the Council of the .lvoat_ originally proposed with 9 foot variances for sideyard setbacks for each builder . There was a question concerning the grant of a ponding easement and Mr. Appelbap ' earlier indicated that he would grant in the event of approval of the i ;out. Mr. f le3.n indicated that he expected Er. Appelbaum would dedicate the ponding area necessary for drainage purposes with the understanding that the necessary park dedication will be complied with. Polzin then moved to approve the layout ta.r'h the var:.aace and there was no second. The motion then died for a lack oi. a :.errand. r'- `4° OR ME NO. 3 - REZONING. The application of Lawrence Wenzel to rezone Locs 2, 3 and 4, Block g, Cedar Grove No. 3 originally zoned C-2 - Heavy (.;<- L.ray-ciai .:end according to the recent zoning map is zoned R-l. In addit.-°_:: .. Lot 1 , b4 1.-_;. 1 Ced.kl- Crove No. 3 was also included for rezoning. It appeared that there *%9:~ a mistake in not changing the designation of the property to L1 - tii.`.t- ,0 I itG i =c,sE ` a III1975 and the application had been recommended for approval by the ArC. Upon motion by Rahn, seconded Polzin, all members voting yea, it was RESOLVED that the rezoning o": Lots 1, 2, 3 & 4, Block 1, Cedar Grove No. 3 to LB-Limited Business be approved. -6- 5-3-77 ACORN DAY CARE CENTER. Mr. Fred Christopherson appeared on behalf of. his III application for conditional use permit for operation of a day care center on Lot 4, Flock 8, Cedar Grove No. 3 and a 10 foot variance from the rear lot line setback requirement for construction of the day care building. It was noted that the two story mansard roof building would be used for day care and that the Planning Commission recommended approval subject to certain conditions. Certain neighbors >ppeared and objected to the application including the noise and additional traffic. Mr. Christopherson indicated that there would be about 50 families that would be involved in transporting their children to the school and that the only access would be to Carnelian. Rydrych moved and Wachter seconded the motion to approve the application noting that the use appeared to be appropriate in that location. EASTER LUTHERAN CHURCH - BUILDING PERATIMPPLICATION. Reverend James Borgschatr and certain members of the Building Committee of Easter Lutheran Church atoeared ' n behalf of its application for a building permit for a church structure at ihe IIISoutheast corner of County Road #30 and County Road #31. Rev. Borgschatz indicated that the church was in agreement with all of the Advisory Planning Commission recommendations of its meeting on April 26th with one exception. No. 3 recommended that the petitioner dedicate 42 additional feet on Pilot Knob Road at the time that the dedication is requested by the County or at such time as a portion of County Road #30 is turned back to the City and can be vacated, whichever ecct'rs first. Rev. Borgschatz indicated that the church would have difficulty financing the imll-ev ;ments and in addition assessments for both County Road #30 and #31 particularly if no compensation is given for the 42' right-of-way. Cc nei" ,27=1. rs indicated that the policy of the City has been on a consistent basis that ii-. acqu re additional necessary right-of-way when construction or d.,.- eloi cart t-akes place on any county road. It was also noted that the property wou. 't. ;snen-, d IIIon both sides of property owned by school districts or any other par•i.:y. Pcizin. moved and Rydrych seconded the motion to approve the application subject to the -7- 5-3-77 Advisory Planning Commission recommendations. All members voted yes. Pastor Porgschatz will review the issue with the Church Council and with the City Staff. EAGLES NEST HOME BUILDING PERMIT. Mrs. Elizabeth Bassett and Rose Grengs appeared on behalf of the application of Eagles Nest Homes, Inc. for a building ?emit to construct the Eagles Nest Homes facility on Rahn Road. It was noted that the state requirements have now been met and the APC recommended a 15 foot storm sewer easement at the front of the property. The applicants had no objectiori to the easement. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the application be approved subject to normal ordinance requirements and further subject to the execution of the planned development agree- ment covering Mission Hills North by the owners of the property. The estimated cost of the building is $550,000. OSMAN PROPERTIES - LOST SPUR BUILDING PERMIT. Mx. James Sweitzer o:f Sweitscr IIIConstruction Co. appeared on behalf of the application of Osman PropertieG, Inc. for building permit for reconstruction of the clubhouse at the Lost Spur Country Club. Upon motion by Wachter, seconded Polzin, all members voting yes, it was RESOLVED that the application be approved subject to the normal city requirements. The estimated cost of the building is $500,000. LULL ENGINEERING - BUILDING PERMIT. The application of Lull Engineering Co. Inc. for a building permit for a 24' x 36' addition to its existing building on Govt. L t. 2 at 3045 Highway #13 was next reviewed. The purpose of the buiJ.di .g would oe :.or at-inufacturing consisting of sandblasting. The APC recom i ii led ap?roza?. Upon motion by Polzin, seconded Rahn, all members voting y aa, ii: vas RESOLVED that the application be approved. GOPHER-SMELTING - BUILDING PERMIT. The City Administrator ez171aiod Irt IIIGopher Smelting Company did not appear concerning its application :-•r 'L.a la n; permit for addition to the Gopher Smelting plant on Highway #49 at the APC meeting. -8- 5-3-77 Because of the importance of commencing construction, the applicant requested that III it be heard before the Council and it was further noted that the Chairman of the t C polled all APC members by phone and there was unanimous agreement that the building permit be recommended for approval. The extension would consist of 80' x 120' initially and a second phase of 120' x 120' West of the present building for enclosing the storage materials. Mr. Olson, the contractor, appeared and stated that the applicant intends to tear down the present office structure and further that landscaping will be included in the next proposal for construction. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the application be approved with the understanding that the APC members had recommended approval further subject to all normal ordinance requirements and with the under- standing that a landscape plan will be submitted for approval in the very near future. DUNN & CURRY - LEXINGTON AVENUE RIGHIT OF WAY, A request from Dunn & Curry for the staking of the right-of-way of the proposed extension Southerly of Lexington Avenue for possible development in that area was reviewed by the City Council. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the request be referred to the Engineer for review with the County Engineer and returned to the Council for recommendation. SIGN ORDINANCE NO. 16. A recommendation from the Advisory Planning Commission that the Council review the 300' spacing for the sign Ordinance was discu.<>7cd briefly. Council members indicated that the purpose is to avoid every building having a pylon sign and that the owners of the Barton McGray Addition were fully aware of the change in the ordinance at the time of platting that addition. Approved ground signs could enhance the aesthetic character of business dist.'�°-=cts according to Council members. IIIIMP. PROJECT CONTRACTS. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the contract for Project 7#198A consisting of -9- 5-3-77 Carlson Acres and Ches Mar 2nd Addition utilities with Frederickson Excavating Co. IIIbe and it hereby is approved; FURTHER RESOLVED that the contract covering Imp. P .oject #194A consisting of Heritage, LeTendre and Federal Drive street improve- vents with Fischer Construction Co. be and it hereby is approved and both ordered signed. PROJECT NO. 193 - WATER MAIN AND RESERVOIR SYSTEM. The City Engineer submitted a preliminary report covering Imp. Project #193 consisting of proposed trunk water main and reservoir system located generally in the Wilderness Run - Woodgate areas. Upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the preliminary report be accepted and that the public hearing be scheduled for May 17, 1977 at 7 P.M. at the City Hall. STREET LIGHTING AT SHAWNEE & HIGHWAY 13. Utilities Supervisor Bill Branch recommended that the offer of the State of Minnesota for the grant of a light standard and fixture at Highway #13 and Shawnee Road be accepted and that the City IIIinstall the light fixture because of the large number of accidents at that inter- section. He further recommended that the low quote from Hilite Electric in the sum of $570 for installation be approved. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the recommendation of Mr. Branch be approved and that Hilite Electric be authorized to install the light standard and fixture. SEMAPHORE AGREEMENT AT COUNTY ROAD #28 and HIGHWAY #13. The City AdiiiTa:^trator submitted an agreement prepared by the Department of Transportation includLLg the DOT - Dakota County and the City concerning installation of a semaphore at the intersection of County Road #28 (Yankee Doodle Road) and Highway #13. Upon notion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the agreement be approved and ordered signed. IIIFIRE HYDRANT - 1343 EASTER LANE. Mr. Dennis Dunn, the owner of the property at 1343 Easter Lane, had complained to the City that a fire hydrant was located too -10- 5-3--77 close to his driveway and caused a hazard. The recommendation of the City Engineer III was that it not be moved which could cost $500 to $700. The Council noted that its policy is that the fire hydrant not be moved at the City's expense but that an owner can request that it be moved at his own expense. PARK CO1STRUCTI0N COMPANY - CEDAR AVENUE AGREEMENT. A letter from Park Construction Co. requesting an extension of time for the operation of its agreement- from May 1st covering the excavation and fill for Cedar Avenue. The Council had no objection to an extension and requested that the item be on the agenda at the next meeting for formal action. SPECIAL COUNCIL MEETING - MAY 10th. A special meeting of the City Council was called for May 10th at the City Ball at 7 P.M. to review the proposed personnel policy and ordinance and the report of the Police Facility Building Subcommittee. LAKESIDE ESTATES - UTILITY VACATION. The City Attorney stated that the legal description has now been submitted covering the proposed vacation of utility lines IIIand the grant of additional easements in Lakeside Estates Addition. Upon motion by Rahn, seconded Polzin, all members voting yes, it was RESOLVED that the vacation hearing be scheduled for June 7, 1977 at 7 P.M. at the City Hall. ELECTRICAL INSPECTOR. Upon motion by Smith, seconded Wachter, it was RESOLVED that the City Clerk be authorized to advertise in the legal newspaper for applications for an electrical inspector for the City of Eagan pursuant to Ordinance No. 68. EAGAN --v-- METRO ENGINEERING & RAZE NURSERY. The City Attorney submitted a final draft of an agreement for the dismissal of the action entitled Eagan -v- Petro Engineering and Raze Nursery involving the 1973 park improvement project. It was noted that the trees will be delivered according to the recommendation of the Park Committee and the park planner. Upon motion by Wachter, seconded Polzin, IIIall members voting in favor, it was RESOLVED that the agreement be approved and -11- 5-3-77 ordered signed and the action be dismissed. BILLS AND ADJOURNUENT. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the bills according to the following schedule be approved: #4133 - #4245° #6585 - #6639. The meeting adjourned at 12:35 P.M. DATED: .51- 3- 77 1 f -12-