07/05/1977 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAIT CITY COUNCIL
EAGAN, 11I1m1ESOTA
July 5, 1977
A regular meeting of the Ragan City Council was held on July 5, 1977 at
6:30 p,my at the City Hall, All members were present. Also present were
City Engineer Rosene, City Clerk Bolke, City Administrator Hedges and City
Attorney Hadge.
MINUTES. After the Pledge of Allegiance, upon motion by Rahn, seconded
Smith, all members voting ye s, it was RESOLVED that the minutes of the June
27, 1977, meeting be approved and further, that the minutes of the June 21,
1977, meeting be approved with the exception, however, on page 3 regarding
the architect's contract for police facility, that a cost benefit analys3
for a second-story addition also be included in the contract.
BOARD OF ADJUSTIVENT APID APPEALS. The Council members and Bea Blomquist
from the Advisory Planning Committee met as the Board.
1) Daryl McCarthy front yard set back, 1450 Highview Avenue. Although
W.. McCarthy did not appear, Polzin moved and Rahn seconded a motion to recom-
mend approval of the set back as recommended by the APC at 45 feet. It was
noted that the footings for the house had been put in without the grant of
the final building permit.
2) Stephen Jacobson, Lot 1, Block 1, Ches Mar 1st Addition. David
CmkLbert appeared as the developer and requested a front yard set back variance
of 20 feet from the 50 foot set back from Pilot Knob Road on Lot 1, Block 1,
Cbes Mar lst A44iti.on. Upam motion by Polzin, seconded Rahn, all members
voting yes, it was recommended that the variance be approved with the trader-
star=.ding, hawever, that a statement be recorded with the Register of Deeda
that the rr,cpo rty cemer has no objection to the proposed location of Pilot
Kt,eb Road right of way at the time of the road improvement-4
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bAgOg VARIANCE, The Council then convened and considered the variance
re4det't 'df Stephen and Theresa Jacobson for front yard set back of 20 feet
for 'L'o't to Block 1, Ches Mar its't Addition. Upon recommendation of the APC
and the Board of Adjustments and Appeals for approval, upon motion by Polzin,
seconded Rydrych, all members voting in favor, it was RESOLVED that the appli-
cation for 20 feet variance be approved subject to the Appeals Board's recom-
udtO
CFMS MAR 3RD ADDITION PRELTM[NARY PLAT. David Gabbert appeared on behalf
of the application of Gabbert Development Co=pany for approval of Ches Mar 3rd
Addition preliminary plat. There was discussion concerning Dakota County Plat
Commission suggesting a through street to Oak Chace Road, but Mr. Gabbert
indicated that the Plat Co-zmn,i.ssion has now changed its view on this issue and
would grant an access to Cliff road. There would be 50 R-1 ci±ngle family lots
and 6 doubles, and there would be a 10% street grade on a portion of the
street on the East. Mr. Gabbert requested that park payments be permitted to
:._.be spread out with 25% to be paid at the time of approval of tha final plat,
25% one year later, and 50% two years after apoi6vAl of the final plat. The
Cnurcil also suggested the trail be located ad gent to Cliff Road rather than
one lot North of Cliff Road. 6rachter movcd and 6ki,ii seconded a motion to
approve the preliminary plat, but to send the reediltoendation for the trail
located back to the Park Committee for review; furthei d0ject to the Advisory
Planning Commission recommendations including the follm-ing (a) That a
variance for a lot adjacent to Cliff Road of 10 feet be granted with tas
u-.Acrstanding that the trail would edd as additional S feet adjacent to Cliff
Road; (L-) That access be granted to Cliff Road; (e'5 That the 107. grada
varlauce on the street to the East be approved; (d) That the park paymornt
sorecA out roiriest be approved with the understanding thAt the r t...e to be
pa-l-d be tha rate in effect at the time of payment.
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POLICE DEPARTMENT. Martin DesLauriers recommended that Diane Bartel
Mosso be hired as a full-time dispatcher as of July 12, 1977. Upon motion by
Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the
request be approved.
PART. C0111-11TTEE.
1) Administrator Hedges submitted a list of quotes for a broadcast
seeder/fertilizer spreader and recommended the low bid be awarded to Carlson
Tractor for $595. Wachter moved and Rahn seconded a motion, with all members
voting in favor, to order the spreader from Carlson Tractor according to its
quote.
2) The quotes for an 88-inch flail mower were next reviewed, and Mr.
Hedges indicated that the low quote did not meet the specifications and was
not applicable for the purpose. Therefore, he recommended the second low
quote from Carlson Tractor of $1,309.85 for a Ford model mower be approved.
Upon motion by Wachter, seconded P.ydrych, all members voting yea, it was
P.^SOLVED to purchase the tractor from Carlson Tractor for tine reasons mentioned
above.
PI:OJECT #181 ASSESSIMITT HEARIPTG. The Mayor convened the assessment hear-
ing concerning Project #181 consisting of street and sidewalk improvements in
Cedar Grove Hos. 9, 11 and 12. City Administrator Hedges reviewed the project
briefly with the Council,and there were no objections to the hearing. Upon
motion by Rahn, seconded [yachter, all members voting in favor, it was RESOUM
that the assessment roll be adopted and forwarded to the County Auditor.
PIOJECT P208 - WILDERNESS PAM 211D ADDITION 111PROVEI4IITS Ar?0-PROJECT
0210 - WILDERVESS RUN ROAD I1,1PROVEIIENTS. The next public hearing con-
corn-a-! sewer, water and storm sewer improvements for Wilderncss Park 1.n3
Additi.o:a under Improvemer,*_ Project #208. No objections were preaentled and
the Engineer reviewed the project %Tith the Council.
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The public hearing concbrning toad, sanitary sewer mid water improvements
for Wilderness Run Road extension Easterly from the current location was also
convened, It was noted that the estimated cost for road improvements would be
$21,65 per front foot, with $13:20 proposed assessment against benefited prop-
erty owneers, and the balance to be paid from City funds. It wad noted that
there may be available funds from other road improvement projects. Wachter
moved and Rydrych seconded a motion to approve Projects #208 and #210 and to
order them in and that the Engineer be authorised to prepare plans and speci-
fications. All members voted yes.
PROJECT #211 - MARELL 1ST AUDITION IMPROVEMENTS, The Mayor next convened
the public hearing regarding sewer, water and street improvements for Harell
1st Addition consisting of Project ,211. No objections were voiced from the
developer. After review by the City Engineer, upon motion by Polzin, seconded
Wachter, all members voting yes, it was RESOLVED that the project be ordered
in and the Engineer be authorized to prepare plans and specification for the
project.
IIESSION HILLS SOUTH PD AGREEMENT. Mr. Charles Slocum requested, through
the City Clerk, that the approval of the agreement be continued to the next
meeting for further review with the City Planner.
PARK CONSTRUCTION COMPANY • ORDINANCE NO. 8 OPERATION HOURS. 2.2r. Jerr-,
Rachel appeared on behalf of Park Construction Company requesting an extension
of time for the variance under Ordinance No. 8 construction hours for the
Cedar avenue project to November 1, 1977. There appeared to be no objections
from property owners, but Police Chief DesLauriers suggested that there b!-.
protection for the deep pits including possible fencing and further expressed
concern about the safety due to the deep peat piles. Polzin moved ana Iahn
seconded a mocioa to grant the application for extension of time to Novewb;e
lot, I)mt in the event that there are any complaints that the approval be
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revdked and that the epolicaht be s646sted to appear before the Cd?undil to
show cause why the revocation should not conttiinuei The other doncerna regarding
peat and the deep pits will be reviWed by the Building Inspector and Engineer,
and report brought back Co the Council.
JERfi.Y THOTIAs HORSE Facia, mr. and Mrs, Jerry Thomas appeared at the
request of the Council concerning complaints regarding the horses from their
ranch on County Road X30 straying onto neighboring private property and Car-
nelian Park. It was noted that a number of complaints.had been made regarding
horses, and Tor. Thomas indicated that he has taken measures to control the prob-
lem, which primarily dealt with owners of boarding horses. Polzin moved and
Smith seconded a motion Co approve the request for extension of the permit for
the property to be used as a horse ranch for an additional year with the under-
standing that in the event there are any complaints, that the operators will
be called before the Council to show cause why the permit should not be revoked.
SPORTS FACILITY. City Administrator Hedges reviewed a proposed resolution
submitted concerning the suggested location for the metropolitan domed stadium
to be located at the Dayton Hudson site at the Northeast corner of the City of
Eagan, Del Parranto was present on behalf as the proponent of the site. A
a.e,7ieu was made of some of the requirements of the Sports Facilities Commission
for the location and there was concern from the Council members regarding recd
t-o vp;rade City roads and sewer, water and storm sewer extensions. There °isr
d isciissiwi concerning the motion of June 21st whereby Courcil favored the
!!i.te locati.on,. and it was noted that sanitary sewer and water capacity could
be provided. Wachter moved and Smith seconded a motion to approve r,~-,•ised
xesnlutin±z to pro-vide for sewer and water capacity and to assist in the pl.?.e
nin€ ror stn- ; ?ewer and road i,mprovetuants in the general area and t x_
a:-soltit au hA submitted at the proseatation to be rude before tLe Ale.. spy..''. ~~n
Spn:rts 7,wt?l ,ties Commission concerning the Eagan si.t(i July 7t-ti a.` t'ja Metro
Council chambers and on the site.
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MCCRAE ADDITION PRE MEMARY PLAT: Vince Kennedy appeared on behalf of
his application for approval of preliminary plat of McCrae Addition consisting
of 16 single family lots on Heritage Lane. The Park Committee has reviewed
the proposal and recommended the payment in cash for the park contribution on
the basis of 16 lots. Mr. Kennedy requested that the payments be permitted to
be made at the time the building petmits ate requested. There was also dis-
cussion concerning access to the property to the I•lest from Highway #13, and a
review of the Planning Commission minutes was made by the Council members.
Rahn moved and Wachter seconded a motion to approve the preliminary plat sub-
ject to cash donation for park purposes for 16 lotsi without street access to
heritage Lane and that the park donation be made completely within one year
after the approval of the final plat or at the time of the grant of each
building permit, whichever is earlier.
DARYL MCARTHY VARIAYICE. The Council then reviewed the recommendation of
the Planning Commission and the Board of Adjustments and Appeals to approve a
45-foot set back from Highview Avenue for the residence on 1450 Highview Avenue.
Upon motion by Polzin, seconded Rahn, all members voting in favor, it was .
RESOLVED that the 45-foot set back be approved.
McM VZIE-HAUGE -GILLES COMPANY CONDITIONAL USE All) WAIVER OF PUT, I1r.
Jean Parranto and a representative of M-Kenzie-Hauge-Gilles Company appeared
on behalf of its request for conditional use permit for open storage on Lot 3,
Block 2, Cedar Industrial Park, and for waiver of plat to subdivide the lot.
A two acre parcel will be developed with warehouse only, and tor. Parranto
described the proposal to the Council. The Council members reviewed the Plan-
ning Commission recommendations and that of the City Planner and upon motion
by Polzin, seconded Wachter, it was RESOLVED to approve the application, subjec';:
to all rdcomcnendations of the Advisory Planning Commission. All members vri--c-A
in fwior.
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GEORGE OHMAN 3.2 BEER LICENSE. An application for temporary beer license
from George Ohman for the Eagan Threshing Bee on July 30th and 31st was reviewed.
Upon motion by Polzin, seconded Rahn, all members voting in favor, it was
RESOLVED that the application be approved.
CEDARVALE AREA SIDEUALK. Council members discussed with the City Engineer
a proposed sidewalk adjacent to Beau d'Rue Road in the Cedarvale area and
suggested more study concerning the sidewalk location between the Mid America
Bank and the professional buildings.
ORDINANCE NO. 52. The City Attorney reviewed the most recent draft
regarding the Board of Adjustments and variance procedures under Ordinance
No. 52 recommended by the Advisory Planning Commission. Upon motion by Smith,
seconded Rahn, all members voting in favor, it was RESOLVED that Ordinance No.
52 Amendment as proposed be approved, subject, however, to a change in page 1
from 14 to 21 days for meetings of the Board of Appeals and to the recommen-
dations of the Planning Commission.
WILDERNESS PARK 2ND ADDITION VARIANCE REQUEST. The Council reviewed the
recommendation of the Advisory Planning Commission regarding general variances
ia.Wilderness Park 2nd Addition for set backs for lots because of trees and
topography. No action was taken on the recommendation.
QUARRY LANE STREET IMPROVEMENTS. A petition from owners of six lots
abutting Quarry Lane on the South that improvements to Quarry Lane be installed
by the City and that a public hearing be held in this respect. This would be
the third hearing on the project. The property owners on the North had always
opposed the improvements. Wachter moved and Rydrych seconded a motion that the
hearing not be scheduled unless there is more support from property owners
adjacent to Quarry Lane.
PIAXY. COWI RIBUTIONS - KENNETH HEDTKE. Mr. Hedtke appeared and discus es
his suggestions regarding various issues involving park dedication by deve?-
mars in the City. He recommended as follows:
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1) That in the event that cash donations are accepted by the Council,
that the amount be increased to a more realistic value, but that cash be an
alternate, and ordinarily that land be accepted for dedication.
2) He recommended that industrial and commerical park dedication be
reviewed again by the Council.
3) He recommended a larger number of neighborhood playground areas.
4) He suggested that in subdividing existing lots, that there be no grand-
fathering of park contribution if earlier contributions were not made.
Rydrych moved and Rahn seconded a motion to refer the contribution of cash
issue to the Park Committee for study and recommendation with request to cash
in lieu of land dedication.
AVALON AVENUE TRAFFIC. Mr. Tom Simek requested a study of traffic prob-
lems on Avalon Avenue in Country Home Heights. He indicated that an excessive
number of semi trucks and traffic is using Avalon Avenue. The matter was
referred to the Police Chief for recommendation.
PILOT IGIOB ROAD IMPROVEMENT AIZ STORM SEINER I1.9PROVEMENT HEARING, The
Council reviewed briefly the public hearing held on June 27th concerning Pilot
Knob Road street and storm sewer improvements, but did not set a date for a
continued hearing. The matter had been referred to the Finance Committee and
Assessment Committee for review of assessment and cost factors and further,
that other alternates regarding construction be reviewed for further discussion
by the Council.
Councilman Rahn was excused at 11:00 p.m.
I.IARVIN WENZEL UTILITIES. Upon motion by Smith, seconded Polzin, all meir
bers voting yes, it was RESOLVED that the request of Marvin Wenzel for sanitary
sewer and water facilities to his property on Blackhawk Road be referred to the
City Engineer for recommendation.
I.'OLICE FACILITY ARCHITECTURAL CONTRACT. City Administrator Hedges revieme:1
l;riefly 'Che final contract with Horne Architects, Inc. regrading the
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architectural contract for the police facility. There was no objection to the
wording regarding ownership of plans according to the final agreement.
SOLAR ENERGY HEATING FOP, POLICE FACILITY. Wachter moved and Smith seconded
a motion that the City Administrator pursue the potential for solar energy heating
for the new police facility. All voted yes.
WESCOTT ROAD - COUNTY ROAD #63 HIGIVAY AGREE14ENT. The highway agreement
with Dakota County regarding County Road #63 adjacent to Wescott Road was
referred to the City Attorney for review and recommendation.
NEW HORIZON - WOODGATE 21,1) ADDITION. The developers of Idoodgate 2nd Addi-
tion submitted a request that they be permitted to pay the proposed assessments
for County Road YP32 improvements an3 release the balance of the bona to New
Horizon. The Engineer was requested to review the issue and report to the
Council.
HELEN HUNTER - DAKOTA COUNTY TRIBUNE. Smith moved and Polzin seconded a
motion, with all members voting in favor, that Helen Hunter be commended for
her service as the reporter for the Dakota County Tribune for the Eagan area,
and appreciation be expressed for her coverage of Eagan Council meetings.
HEINE 1ST ADDITION DEVELOPMENT CONTRACT. The Development Contract for
Heine 1st Addition was submitted by the City Attorney, and he recommended
approval. Upon motion by Polzin, seconded Smith, all members voting in favo-,
it was RESOLVED that the contract be approved and ordered signed.
CHES MAR 21D ADDITION DEVELOPMENT CONTRACT. Polzin moved and Wachter
seconded a motion that the development contract for Ches Mar 2nd Addition be,
and it hereby is, approved and ordered executed.
EASEMENT ACQUISITIONS. The City Attorney suggested an increase in the
offer to property owners for acquisition of street and utility easements in the
City of Eagan. Upon motion by Wachter, seconded Smith, all members voting yep.,
it was RESOLVED that the following schedule be permitted to be offered to
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property otoners in the event of grant of permanent and temporary easements for
street and utility improvements in the City:
1. Commercial and Industrial by zoned property - $4,000 per acre for
permanent easements and $2,000 per acre for temporary easements.
2, residential and !agricultural by zoned property - $2,000 for permanent
easements and $1,000 for temporary easements.
Upon motion duly made and seconded, the following vouchers were ordered
paid :
4438 - 4529
6995 - 7079
Upon motion duly made and seconded,the meeting adjourned at 11:30 p.m.
DATED : 1-5-
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411 EXTRACT OF MINUTES OF MEETING OP THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
HELD ON JULY 5, 1977
Pursuant to due call and notice thereof, a regular meeting of the
City Council, of the City of Eagan, Dakota County, Minnesota was duly
held at the City Hall in said municipality on the 5th day of July •
1977 at 7 o'clock p .M.
- The following members were present: Mayor Polzin, Councilmen Smith,
Rydrych, Rahn and Wachter, and the
following were absent: None
The Clerk presented an affidavit showing publication of Notice of
Hearing on the proposed assessments for Improvement Project #181 - Street,
sidewalk; and street lighting improvements in Cedar Grove Nos. 9, 11 and 12.
in the official newspaper in accordance with a rcoolution heretofore adopted
by the City Council, which affidavit was examined, found satisfactory, and
ordered placed on file.
The Mayor announced that the meeting was open for the conaideration
of objections, if any, to said proposed assessments. All persons were than
given,:an_.•epportunity to present oral objections, and all written objedtions
• theretofore filed with the Clerk "ere presented and considered, and all such
objections were tabulated as follows: None
NAME PROPERTY NATURE OF OBJECTION
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Councilman Rahn then introduced the following resolution
40 . and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FCR IMPROVEMENT
PROJECT #181 - Street, sidewalk, and street lighting improvements in Cedar. :
. Grove Nos. 9, 11 and 12. . •
BE IT RESOLVED by the City Council, of the City _f Eagan,
Dakota County, Minnesota, as follows:
(1) The clerk, with the assistance of a. qualified person heretofore
. selected by the City Council has calculated the amount proper and necessary
to be specially assessed for Improvement Project #181 - Street, sidewalk, and
street lighting improvements in Cedar Grove Nos. 9, 11 and 12. . . .
against every assessable lot, piece or parcel of land affected thereby upon
'the basis of benefits, without regard to cash valuation, in accordance with
the previsions of Minnesota Statutes Annotated, Section 429, and notice has
been duly published and mailed, as required by law, that this Council would
meet to hear and pass upon all objections, if any, and to amend said proposed
assessments as night be necessary, and said proposed assessment roll has at
all times since its filing been open for public inspection, and an opportunity
has been given to all interested persons to present their objections, if any,
to such proposed assessments (and-mid-le: Tee a ,. becn amended
as--tro--c•ert-ar•i-n ;parcel.-e-—4-etid-,-Ine ex rl ueeion-d-u --efi opted- ei 4*
(2) This Council, heving heard and considered all objections so
• presented, and being fully advised in the premises, finds that each of the
lots, pieces and parcels of land enumerated in the proposed assessment roll
(emrim- eaezd.:d)* was and is specially benefitted by the construction of said
improvement in not less than the amount of the assessment sat Apposite the
description of each such lot, piece and parcel of land, respectively, and
that such amount so set out is hereby levied against each of the rennective
lots, pieces, and parcels of land therein described. .
(3) The proposed assessment roll (as--amended)* is hereby adopted
and confirmed as the proper, special assessment for each of said lots, pieces
and parcels of land respectively, and the assessment against each parcel,
together with interest at the rate of 8 % per annum accruing on the full
amount thereof from time to time unpaid shall be a lien concurrent with
general taxes upon such parcel and all thereof. , The total amount of each
such assessment shall be payable in equal annual installments extending over
. * a period of ** years, the first of said installments, together with interest
on the entire assessment from the date hereof to December 31, 1978. , to be
payable with the general taxes collectable during the year 1978 , and one .
of each of the remaining installments, together with one year's interest on
that and all other unpaid installments, to be payable with general taxes,
for each consecutive year thereafter until the entire assessment is paid.
•
(4) Prior to certification of the assessment roll to the County
Auditor, the owner of any lot, piece or parcel of land assessed hereby may
at any time pay the whole of such assessment with interest accrued 'to 'the
• date of payment to the Treasurer of the City.
* Strike the matter in parentheses if assessment roll was not amended.
** Ten years for streets, 15 years for rest. .•
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(5) The Clerk, shall, as scon as may be, prepare and transmit to
411 the Coun`.-y Auditor a certified duplicate of the assessment roll, with each
then unpaid installment and interest set forth separately, to be extended
upon the proper tax lists of the County, and the County Auditor shall there-
after collect said assessments in the manner provided by law.
(6) The proposed assessments heretofore made in respect of the
improvement shall be and are hereby amended so as to read as shown below,
and the clerk is a,thorized and directed to indicate the said amendments on
the face of said assessment roll.
NAVE PROPERTY ASSESSMENT AS AMENDED
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• The motion for the adoption of the foregoing resolution was duly
p g n a Y
seconded by Councilman Wachter and upon vote being taken thereon the •
following voted in favor: Mayor Polzin, Councilmen Smith, Rydrych, Wachter
and Rahn, and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting Clerk of
the 'City of Eagan, Dakota County, Minnesota, do hereby CERTIFY that I have
compared the attached and foregoing extract of minutes with the original
thereof on file in my office, and that the same is a true and complete trans-
cript of the minutes of a meeting of the City Council of said municipality
duly called and held on the date therein indicated, so far as the same
minutes relate to the levy of assessments for an improvement of said muaici-
pality.
Witness my hand and the seal ox catd City this 5th day of July,.
, 19 77 .
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(S E A L) City Jerk
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