06/07/1977 - City Council Regular
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1UNUTES OF A REGULAP IEETITIC OF TM EAGMT CITY COUTTCIL
EAGAN, MINNESOTA
JUITE 7, 1977
A regular meeting of the Eagan City Council was held on June 7, 1977 at
6:30 P.M. Members present were Mayor Polzin, Councilmen Rahn, Smith and Wachter,
Councilman Rydrych was absent. Also present were City Engineer Rosene, City
Administrator Hedges and City Attorney Hauge.
PLEDGE OF ALLEGIANCE and MINUTES. After the Pledge of Allegiance, upon
motion made and seconded the P3ay 10 and May 17 minutes were approved as read and
distributed.
BOARD OF APPEALS. The Council members and Bea Blomquist comprised the
Board of Appeals.
1. Neil Charpentier, 4280 Lodgepole Drive. Mx. Charpentier appeared and
requested a variance from the front yard setback of 18' for an attached garage at
4280 Lodgepole Drive. The APC recommended that it be reduced to a 12' variance.
Upon motion by Smith, seconded Blomquist, all members voting in favor, it was
RESOLVED to recommend to the Council approval of a 13' variance from the ordinance
requirements.
2. Arnold Carlson - Wilderness Park Addition. Arnold Carlson appeared
.:.bsrding his application for variance for 10' variances for Lots 12 & 13, Block 3
Wilderness Park Addition. Upon motion by Polzin, seconded Rahn, and upon recom-
mendation of the APC, it was RESOLVED that the application be recommended for
approval.
POLICE DEPARTMENT. Martin DesLauriers appeared.
1. Jill Eichen-Resignation. Chief DesLauriers indicated that Jill E3.".;7k
has accepted a position with the Burnsville Public Safety Department and recommende
that a replacement be hired. He recommended Diane Bartl. Upon motion by Wachter,
seconded Polzin, all members voting yes, it was RESOLVED that Jill Eichen's resip.
nation be accepted and that the Police Chief be authorized to hire a replacement
for her in the dispatcher's position.
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2. David Giguerre. Chief DesLauriers recommended that David Giguerre, a
college intern, be hired to work in the cadet program at $2.75 an hour during the
summer months only. Upon motion by Polzin, seconded Rahn, all members voting in
favor, it was RESOLVED that the recommendation be accepted.
3. Police Reimbursement Funds. Upon motion by Wachter, seconded Rahn, all
members voting yes, it was RESOLVED that the Police Chief be authorized as the
applicant for reimbursement funds for the training of two officers who have
completed basic police school.
4. Street Light - Rahn and Cliff Road. Upon motion by Rahn, seconded Smith,
it was RESOLVED that a street light be authorized to be installed at Rahn and
Cliff Road. All members voted yes.
PARK COPMTTEE. Tom Hedges reported.
I.The Park Committee recommended that a new flail mower be purchased to
replace the rotary mower. Upon motion by Rahn, seconded Wachter, all members
voting in favor, it was RESOLVED that the staff be authorized to acquire quotes
for a new flail mower and to purchase the mower.
2. Assistant Tree Inspector. Barbara Schmidt recommended that Russell Hall
be hired as the Assistant Tree Inspector for the summer months, 1977, on a part
time basis. Upon motion by Polzin, seconded Smith, all members voting yea, it
was RESOLVED that Mr. Mall be hired as the assistant tree inspector under the
foregoing terms.
3. Lake Testing. Park Director Schmidt requested that the City authorize
the Park Committee to pay the $5.00 for SECCHI disks for a University of Minnesota
program for testing water quality in certain lakes in the City using volunteers
to take the samples. Upon motion by Smith, seconded Wachter, all members voting
yea, it was RESOLVED that the Director be authorized to carry out the proposal.
EAGAN FOURTH OF JULY ASSOCIATION. After discussion, upon motion by Smith,
seconded Wachter, all members voting in favor, it was RESOLVED that the Council
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authorize the sum of $400 as a budgeted item for the Eagan 4th of July Association.
NATIONAL ADVERTISING APPLICATION - SI%T PERMIT. An application of
National Advertising for three advertising., sign permits located (1) across from
the Murphy House on 1iighway #'13;(2) on the proposed Cedar Avenue freeway and
(3) near the Old Cedar Avenue intersection, all on Chicago Northwestern right of
way. The first two signs meet the requirements of Ordinance No. 16; however, No.3
is less than 1,000 feet from an existing permitted advertising sign. Upon motion
by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that
sign Nos. 1 and 2 be approved. Upon motion by Smith, seconded Rahn, all members
voting yes, it was RESOLVED that No. 3 sign application be denied for the reason
mentioned above.
PROJECT No. 207 - DEERWOOD DRIVE WATER MAIN. The Mayor convened the
continued public hearing regarding Project #207 consisting of the water main
extension on Deerwood Drive. A representative of the three families who had
purchased 15 acres on the South side of Deerwood Drive was present and stated
that the owners did not desire to install the water main because of the excessive
cost. Council members explained in detail the fact that eventually the trunk
water main will be installed and that the property will be assessed and suggested
that the property owners consider the excessive cost of installing wells at the
present time and future assessments. The hearing was then closed. Upon motion by
Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the
project not be ordered in.
LAKESIDE ESTATES EASErIENT VACATION. The Mayor then convened the public
hearing regarding the application to vacate certain utility and drainage easements
in Lakeside Estates Addition. Atty. John Daubney and Tom Waite appeared an behalf
of the petitioners. There were no objections. Mr. Daubney indicated that the
applicant did not have a complete ownership list covering the neyu easements to
be dedicated and that the easements drawn by the City Attorney were not signed
by all owners at the present time. Polzin moved and Wachter seconded a motion
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to approve the vacation of the easements as provided in the application, contingent,
however, upon the receipt of new easements and approval by the City Atty. and
City Engineer.
PROJECT N0. 193 - WATER I;:IPROVEMU T NFARIITG. The Mayor convened the public
hearing regarding Imp. Project #193 consisting of water improvements including,
trunk water main and reservoir in the area of Cliff Road and Pilot Knob Road. A
large number of affected property owners were present. The hearing was convened
at 7:20 P.M. It was noted that about 1,000 homes are served at the present time
by water in that area and there are pressure problems, particularly in portions
of Woodgate Additions. Three alternates were suggested by the City Engineer
according to the report. Certain Woodgate owners were present and they were in
favor of the project and other property owners opposed the project. Mr. Ed Dunn
of Blaclkhawk Parks Inc. appeared in favor of the project as did a representative
of Gabbert Development for Ches Mar Additions. It was noted that the new Ches
Mar Additions are in the high pressure zone and there was also discussion concerninj
that future proposed development. The hearing was closed at S P.M. William
Almquist was also present but indicated that he did not receive official notice
of the hearing. Wachter moved and Rahn seconded the motion to proceed with the
%~ep well, the 2 million gallon tan1:. and booster station and the water trunk to
the reservior which consists of alternate No. 2 without the water trunk to the
high pressure zone and to order in the project and order the engineer to prepare
the plans and specifications. All members present voted in favor of the motion.
CITY PROPERTY ASSESSI)EATS. The City Administrator indicated that the issue
will be discussed further at the next Council meeting.
SUIER ADVISORY BOAP.D. The APC recommended that Joe Harrison, Chairman of
the APC be appointed to represent the City of Eagan on the District 5 Sewer
Advisory Board. Upon motion by Polzin, seconded Wachter, all members voting
yes, it was RESOLVED that 1,-4r. Harrison be appointed to the Board.
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CLIFF ROAD IMPROVED 'T=ITS. Mr. Robert Sandeen, the Dakota County Engineer,
and Gary Erickson of the Engineer's office were present and reviewed the four issues
that the Council requested to be reviewed by Dakota County relative to improvements
at Johnny Cake Ridge Road and Cliff Road at the Council's meeting on May 3, 1977.
I,. Percentage of Funding. The County Board stated that it would not
increase the percentage of funding by the County on the proposed
improvements in spite of the fact that the time of the improvements
are being stepped up due to the Zoo construction.
2. Trees. The County Board stated that it would not install trees and
suggested that the City and property owners review the possibility
of doing this at the City level.
3. Guard rail. It was noted that a 750' guard rail will be placed on the
North side of the road beginning West of the crest and run Westerly.
4. Median barrier. Mr. Sandeen stated that there would be no basic change
in the proposal for the installation of the median but noted that
discussions have been held with certain property owners abutting the
road and additional discussions will be held with property owners on
the South side of the road.
A number of the affected property owners were present and objected to the project
particularly to the trees not being replaced and requested cutting down on the
median width. After approximately lk hours of discussion, Wachter moved and Rahn
seconded the motion to continue the consideration of the Cliff Road agreement
proposed between the City and County until the next Council meeting.
CLIFF ROAD AND PILOT Ia10B ROAD SEMAPHORE. Mr. Sandeen recommended to the
Council that the Council adopt a Resolution requesting that Dakota County proceed
with the installation of a temporary semaphore at the intersection of County Road
#31 & #32. Upon motion by Polzin, seconded Smith, all members voting yes, it was
RESOLVED that the recommendation be approved and the request be made to the
County for the installation of the temporary signal lights.
HIGHVIEW ADDITION EASEMENT. Roger Sperling and Mrs. Twomey appeared and
requested that the Council consider calling a hearing to determine whether to
vacate a 30' easement in Highview Addition running North of Highview Avenue. Wachtel
moved and Rahn seconded the motion with all members voting in favor to schedule
a hearing for July 19, 1977 at 7 P.M. and that the affected parties submit a
petition formally requesting the vacation.
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HORNE ARCHITECTS - POLICE FACILITY. James Horne appeared and reviewed a
proposed floor plan for the Police Facility with the Council. He then submitted a
contract for architectural services and Polzin moved to approve the contract as
presented. There was no second and the motion died. Smith then moved to enter into
an architectural contract with Horne Architects, Inc. provided that onehalf of the
payment previously made for architectural services for the first police building
plans be credited toward the architectural fees on the proposed contract. Wachter
seconded the motion. All members voted yes, except Polzin who voted no and the
motion was adopted.
NEIL CHARPENTIER - VARIANCE. Mr. Charpentier again appeared regarding the
18' request for variance from front yard setback of 4280 Lodgepole Drive. Upon
motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the
recommendation of the Board of Adjustments granting a 13' variance be and it hereby
is approved.
CARLSON - WILDERNESS PARK ADDITION VARIANCES. The Council next reviewed
the application of Arnold Carlson for a variance of 10' on Lots 12 and 13, Block 3,
Wilderness Park Addition. Upon motion by Wachter, seconded Smith, all members
voting in favor, it was RESOLVED that the recommendation of the APC and Board of
Adjustments be approved and the 10' variance be granted on each lot.
CROWN AUTO - CONDITIONAL USE PERNIIT AND VARIANCE. Mr. Arvin Adelman, Vice
President of Crown Auto together with other representatives of Crown Auto and the
sign company appeared on behalf of the application of Crown Auto Company for
conditional use permit and for variance for pylon sign at its proposed location on
Highway #13 in Barton McGray Addition providing for a 50' variance from 300'
spacing requirement. The APC made no recommendation. Mr. Hedges indicated that
the requirement would only be approximately a 25' variance. Gary Sauer of Barton
McGray developers was also present. There was discussion concerning the Weiner
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King restaurant proposed between Crown Auto and Country Kitchen. The Council dis-
cussed in detail the present ordinance and the fact that the developers of Barton
McGray Addition were fully aware of the fact that the ordinance did provide the
300' spacing and suggestions that lower, smaller signs be used or combined signs
between lots be used. Wachter moved and Smith seconded a motion to deny the
variance for the foregoing reasons and because it appeared to be possible for the
owner to fit the proposed pylon sign on the lot without a variance from the 300'
provision, all members voting in favor; further RESOLVED that the conditional use
permit for the sign be granted without the variance however.
PATRICK MURPHY DISCOTHE2UE - CEDARVALE THEATRE. Mr. Patrick Murphy and
Attorney Sidney Feinberg of Minneapolis appeared regarding the application of
Patrick Murphy for conditional use permit for restaurant with on-sale liquor,
dancing and gamerooms at the Cedarvale Theatre. The APC recommended approval in
light of the fact that the applicants indicated that adequate parking could be
obtained pursuant to the ordinance requirements from the owners of the Cedarvale
Shopping Center. A letter from Dick Stryker was reviewed which indicated that
after closing hours, the owners would grant adequate parking to the applicants.
Other representatives of the applicant appeared and it was stated that the theatre
has 40 parking spaces exclusively available. Wachter moved to approve the
conditional use permit conditioned upon submission of adequate proof to the City's
satisfaction of sufficient parking pursuant to ordinance requirements. Rahn
seconded the motion and all members voted in favor.
OAK CHASE FOURTH ADDITION - PRELIMINARY PLAT. 1s. James Frisbee appeared
regarding the application for preliminary plat approval for Oak Chase 4th Addition.
Mr. Frisbee reviewed in detail the proposal for dedication of park land in the
area and stated that he would dedicate all required park land at the time of filing
the 5th Addition plat. He suggested a more equitable solution to the dedication
of the land plus payment of assessments in relation to dedication of cash in lieu
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of land by other developers. He renewed his intention, however, to dedicate all
the land that had been agreed upon to be dedicated to the City on Wilderness Run
Road. Wachter moved and Smith seconded the motion that the preliminary plat for
Oak Chase 4th Addition be approved subject to an agreement being prepared providing
that the land will be dedicated according to the City requirements (1) within 2
years from the present date (2) or that each lot along Wilderness Run Road intended
to be dedicated be dedicated at such time as a portion of that lot is sold (3) or
at the time of filing of the final plat, whichever is sooner. Mr. Frisbee stated
that he would review the assessment issue with the Park Committee.
SPERRY UNIVAC - SOFTBALL TOURNAMENT - TEMPOPARY BEER PERMIT. An application
for a non-intoxicating malt liquor license applied from Richard T. Smith for
Sperry Uuivac for 3.2 beer license on the Sperry Univac - Eagan softball field
for June 18 and 19 was reviewed. The Police Chief recommended approval. Upon
motion by Polzin, seconded yachter, all members voting in favor, it was RESOLVED
that the application be approved.
NORTHERN STATES POWER COMPANY TRANSMISSI011 LINE. The City Administrator
and City Engineer reviewed with the Council a proposal of Northern States Power
Co. for proposed reconstruction project of the transmission line from Rogers Lake
in Mendota Heights to the Eagan substation on County Road #30 adjacent to Northview
Elementary School. NSP proposed a new design single pole construction and the
concern of the Eagan City staff is to allow enough easement rights for future
road construction. NSP requires a 75' easement with 50' easement available at the
present time. Upon motion by Wachter, seconded Smith, all members voting yes, it
was RESOLVED that the City Engineer be authorized to review the feasibility of a
collector street along the power line easement and to report back to the City
Council.
FISCAL CONSULTANTS. There was discussion concerninry a reruest from ?-'iller
and Schroeder to review with the City a proposal of hiring a new fiscal consultant.
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Upon motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED
that the issue be delayed until the next meeting with a further report from the
City Administrator.
TRAILER PERMIT RENETIALS. A list of 23 trailer permit renewal requests was
submitted by the Administrator for consideration by the Council. After review and
upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED
that the Building Inspector be directed to review each permit for compliance with
the original permit terms and with the ordinance and report back to the Council.
VINCE KENNEDY - HIGHWAY #13 and YANKEE DOODLE ROAD STORM SEUIER REQUEST.
A request from Mr. Vince Kennedy the owner of property at the Northeast corner of
Highway 413 and Yankee Doodle Road for a storr.. sewer study and also from the
Department of Transportation running from the intersection Northwesterly due to
the reconstruction at the intersection were reviewed. Wachter moved and Smith
seconded a motion that both requests be forwarded to the City Engineer for
preparation of a feasibility report.
RIDGEVIEr,I ACRES AND JOLT KROFT ACRES ASSESSMDTT HEARING. Unon motion by
Wachter, seconded Smith, all members voting yes, it was RESOLVED that the storm
sewer assessment hearing be scheduled for July 13th, 1977 at 7 P.M.
WEST PUBLISIMIG COMPANY - FIRST ADDITION. The final plat of West Pub-
lishing Company 1st Addition was submitted for approval. Upon motion by Polzin,
seconded Wachter, all members voting yes, it was RESOLVED that it be approved
and ordered executed.
GUSTAVUS ADOLPHUS COLLEGE INTERN. Administrator Hedges reported that an
intern had been offered by Gustavus Adolphus College for the summer months at a
cost of $2M to the City of Eagan. He explained briefly one project that the intern
would be working on consisting of a City history. Upon motion by Wachter, seconded
Rahn, all members voting in favor, it was RESOLVED that the request be approved and
that the Administrator be authorized to engage the intern.
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CETA POSITIONS. City Administrator Hed°es reported that 15 positions had
been approved for CRTA employees for the City of Eagan through the Dakota County
CETA office.
ELECTRICAL INSPECTOR. The City Administrator and City Building Inspector
recommended that Bill Atkins be hired as the City Electrical Inspector after
having reviewed requests being made by certain individuals for the position. Upon
motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED
that Bill Atkins be hired by the City to att as the Electrical Inspector under the
Electrical Inspection Ordinance.
I11P. PROJECT HEARINGS. Upon motion by Rahn, seconded Wachter, all Members
voting yes, it was RESOLVED that the following preliminary reports submitted by
the Engineer be and they are accepted and that public hearings be scheduled for
July 5, 1977 at 7 P.M. at the City Hall:
1. Project #208 - Wilderness Park 2nd Addition utility improvements.
2. Project #211 - Marell Addition utility and street improvements.
3. Project #210 - Wilderness Run Road utility and street improvements.
WESCOTT ROAD PLANS. The City Engineer submitted the plans for TtTescott
Road improvements consisting of Project #195. Upon motion by Wachter, seconded
Rahn, all members voting in favor, it was RESOLVED that the plans and specs be
and they hereby are approved and that the Clerk be authorized to advertise for bids
to be open on Ilednesday, July 13, 1977 at 3 P.M. at the City Hall.
BLACKHAWK HILLS SECOND ADDITION. The plans and specifications for Blackhawk
Hills 2nd Addition utility improvements consisting of Project #204 were next
reviewed. Upon motion by Wachter, seconded Rahn, all members voting in favor, it
was RESOLVED that the plans and specs be approved and that the Clerk be authorized
to advertise for bids for opening on July 14, 1977 at 3 P.M. at the City Hall.
CEDAR RIDGE ADDITION. Upon motion by Rahn, seconded Wachter, all members
voting yea, it was RESOLVED that the plans and specifications submitted by the
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City Engineer covering Cedar Ridge Addition consisting of Project #198A be and
they hereby are approved and that the Clerk be directed to advertise for bids which
will be opened on July 14th, 1977 at 3 P.M. at the City Nall.
CEDAR GROVE BAPTIST CHURCH ASSESSHENT APPEAL. The City Atty. reported
concerning the recommendation of the Assessment Committee to settle the assessment
appeal brought by Cedar Grove Baptist Church regarding water assessment Project
No. x`179. It provides for assessment for water lateral on the long side in the
case of Public Facilities property with a credit of double the 150' side lot
allowance or total credit for the short side if less than 300'. Upon motion by
Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the
Council hereby adopts the recommendation of the Assessment Committee and that
the assessment appeal scheduled for trial in Dakota County District Court on
July 14th be and it hereby is agreed to be dismissed on the foregoing basis.
Upon motion duly made and seconded, the meeting adjourned at approximately
12:30 P.M. PHH
DATED : I' 7
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