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08/02/1977 - City Council Regular 8-2-77 1411'U-ES OF A REGULAR METING OF THE EAG&T CITY COUNCIL EAGAN, KEIII7ESOTA AUGUST 2, 1977 A regular meeting of the Eagan City Council was held on August 2, 1977 at 6:30 p.m. Those present were Mayor Polzin, Councilman Rydrych, Councilman Smith, and Councilman Wachter; absent was Councilman P.ahn. Also present were City Clerk Bolke, City Attorney Hauge, City Administrator Hedges, and City Engineer Rosene. VFD AERIAL LADDER TP.UCI:. Prior to the meeting, the Volunteer Fire Department exhibited the new aerial ladder truck recently acquired by the Eagan Volunteer Fire Department. IIIITI S. After the Pledge of Allegiance, upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the minutes of the previous meeting be approved with the exception on page 11 that the survey and topo maps for Northview Park be in the sum of $3,650 rather than $360. BOARD OF APPEALS. The Council members and Mrs. Blomquist were present. 1. Lehman and Grosz Variance. W. Lehman and IIr. Grosz appeared on behalf of their application for variance from five-acre provision and from one-acre requirement for sewer and water for construction of a home on a one-half acre parcel on Pilot Knob Road. The APC recommended denial. The applicants indicated that they would acquire a 165 foot by 132 foot deep parcel immediately West of the parcel from X.F. Mickelson; further, that they would grant a 75-foot half right of way for Pilot Knob Road. There was discussion concerning the lack of hardship and the possibility of platting the property into two one-acre parcels with the understanding that platting of the two acres would be basis for granting the permits. Rydrych moved and Smith seconded a motion to recommend approval of the application on the basis that: 1) Each lot complies with the one-acre minimum. 2) That the applicants acquire a full acre to the West to be attached to the acre parcel, which is the subject property, and -1- 5-2-77 3) That the applicants grant a 75-foot half right of way for Highway #31 prior to the grant of the building permit. All members voted in favor except Yachter and Slomquist, who voted no, and the motion was adopted. 2. TimothZ Doherty Variance. Mr. Tim Doherty of 2074 Shale Lane appeared and requested a variance of 24 feet from street setback regulation for an attached garage to his residence. He explained the facts, and the Planning Commission recommended approval subject to conditions. Upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED to recommend approval subject to the APC recommendations. 3. Wiener King Variances. Hr. Roger ITuA4 appeared on behalf of the applicant for variance for the proposed Wiener Ung restaurant on Highway 013 as follows: A. Three-foot side yard variance. Upon motion by Smith, seconded Wach- ter, all members voting yes, it was RESOLVED to recommend approval subject to the APC recommendations. B. Variance for pylon sign. Mr. ITuth and the attorney for the applicant appeared and reviewed the request for the variance and indicated that it was neces- sary for a restaurant to have a pylon sign for business purposes. The Council mem- bers went through a great deal of detail in explaining why the ordinance requiring 300-foot spacing under Ordinance lj;16 was in effect. After considerable discussion Smith moved and Polzin seconded the motion with all members voting in favor to recommend denial of the application for variance for reasons including the follow- ing. 1. The developers were aware of the ordinance proposal at the time of the development and prior to the sale of any lots. 2. The intent was to restrict signage in developments of this nature. 3. There is a provision for alternate ground business sign for the property. 4. It is not necessary that every business acquire a pylon sign and -2- 6-2-77 joint signage could possibly be used. 5. It does not comply with Ordinance s;416. G. The applicants knew of or should have known of the ordinance requirements prior to the acquisition of the property. 7. There is no hardship shown by the applicants. v. ?'here would be three signs within 400 feet along Highway 13 in 3arton-TZcGray ddition. The Council also discussed other issues including the fact that the Sign Ordinance Committee had representatives from Lawrence Sign and TTaegele Sign Company on the cocnnittee when the ordinance was drawn, and it also cannot be assumed that there would be an undesirable use of the land simply because a pylon sign cannot be acquired. HcrAE F,DDITIOU DLJrLOPME TT COITMACT. TTorman Vogelpohl, Vince ::ennedy and John Klein appeared concerning the NcRae Addition development agreement. The assessment portion of the agreement was explained and upon motion by Polzin, seconded Wachter, all members voting yes, the development agreement was approved subject to submission of the escrow. ADATM-ETT's. Iir. Jake 0' Toole of the County Assessor's Office submitted a proposed abatement for the Rita Winkler property. Upon motion by Polzin, seconded Smith, all members voting in favor, it was P.ESOLVED to approve the abatement. SiTu.CT VAC=:TIOTT - kIlGlattlEti ACrES. The Mayor next convened the continued public hearing concerning the proposal to vacate the Cast 30 feet of Lot 3, IIighview Acres. Hr. Paul Twomey appeared as the applicant as did Iir. Al Olson and Gordon Elmquist of Osman Properties. Hr. Olson and Mr. Elmquist indicated they objected to the vacation of the property but would have no objection to a variance from the set- back requirement for the construction of a home on the parcel by Mr. Twomey. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVE) to deny the application to vacate but suggested that the applicant submit a request for variance to reduce the setback requirement for residence location purposes. -3- 8-2-77 POLICE DEP X T1.Z1,T . Chief Martin DesLauriers appeared. 1. Speed Check on Avalon Avenue. 1Ir. DesLauriers reported on the speed check on Avalon Avenue and recommended that the 35 mile per hour speed limit be maintained. 2. rahn Road Speed Limit. Chief DesLauriers also reviewed the request of Mr. Broberg for speed limit signs on Rahn Road between Cliff Road and County Road #30 and recommended that a stop sign be placed at Shale and Rahn. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the recommendation be approved. 3. Penny ltyite. Mr. DesLauriers recommended Penny Twite be hired as a police dispatcher to replace Sheryl Pomeroy. Upon motion by Polzin, seconded Rydrych, all members voting yea, it was RESOLVED that Penny Twite be hired according to the recommendation. 4. PERA for Police Chief. Police Chief DesLauriers requested that authority from the Council be granted to permit him to contribute to PERA at his expense from January 1, 1960 through July, 1965, when he was appointed Chief of Police. Upon motion by Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the request be granted and it was understood there would be no cost to the City. PARK AIM UTILITY DEPAME-1ENTS. Barbara Schmidt and Bill Branch were present. 1. Capital Equipment. Mrs. Schmidt submitted a list of existing and proposed capital equipment for the Park Department and Public Works Department. The matter was referred to the Public Works Committee for recommendation to the City Council. 2. Northview Park Land Acquisition. City Attorney Hauge reviewed a proposed purchase agreement with Lexington South, Inc. for the purchase of 20 acres adjacent to existing Northview Park and indicated that a road from Lexington Avenue to the Nort1w7est corner of the park would be constructed at Eagan's expense. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the City Attorney be authorized to continue negotiations and to consummate the purchase -4- 8-2-77 of the liorthview Park property at the earliest possible time and to authorize execution of the purchase agreement. LEMMI AM GROSZ VARIAIICE. Mr. Lehman and 11r. Grosz again appeared regarding their application for waiver of plat and for variance. Upon motion by Rydrych, seconded Smith, all members voting in favor, it was RESOLVED that the application be approved upon the same conditions as recommended by the Board of :A justments and Appeals in effect constituting a subdivision of a separate parcel without platting. All members voted in favor except Wachter, who voted no. TIMOTHY DOHERTY VAP.IAT'ICE. Upon motion by Smith, seconded Wachter, all mem- bers voting in favor, it was RESOLVED that the application of Timothy Doherty for a variance pursuant to the GPC and Board of Appeal's recommendations be approved. IMI. IMTG RESTAUP.APIT VARMICES. A. Upon motion by Polzin, seconded F.ydrych, all members voting in favor, it was RESOLVED that the variance for 3-foot setback as recommended by the APC and Board of Appeals be approved. B. Pylon sign. Smith moved and W^chter seconded a motion to deny the appli- cation for variance for the location of the pylon sign under Ordinance #16 pursuant to the recommendations of the Advisory Planning Commission and of the Board of Appeals. WILDERNESS PARK 21,M ZDDITIOt1. Arnold Carlson appeared and requested approval of the general building location variances for Wilderness Park 2nd Addition as recommended by the Advisory Planning Commission. Smith moved and Polzin seconded the motion to accept and approve the recommendation of the APC. All members voted yes. OAX POM HILLS ADDITIOII. Mr. Floyd Forsberg appeared regarding his applica- tion for preliminary plat approval of Oak Pond Hills Addition North of Cliff road in Section 26. Residents of Lakewood Hills Addition and also Mr. and Mrs. Robert Ferguson appeared. 14r. Ferguson stated he objected to the proposed location of Oak Pond Hills road. Mr. Forsberg indicated the road location was for esthetic 8-2-77 purposes and also because of the rough terrain. The Dakota County Plat Commission approved the plat. There was discussion concerning the recommendation of the Advi- sory Planning Commission and albo the possibility of an additional 10-foot easement adjacent to the Ferguson property to the East. Wachter moved and Rydrych seconded a motion with all members voting in favor to recommend approval of the application subject to the Planning Commissionts recommendation. Mr. Forsberg indicated that he is possibly considering the possibility of running Oak Pond Hills road to the North with additional acreage for subdivision in the future. WITZIUS PP.OPERTY"S PF.ELII•ZIITARY PLATS. 11r. Tom Wilmus and James Borhave, sur- veyor appeared regarding the applications for preliminary plats of Mallard Park Additions No. 1, 2 and 3. mr. Wilmus stated that in 1971 the plan was submitted and the rezoning took place. It was suggested 121 lots on 67 acres be included in the 3 plats. There was discussion regarding the contribution for park purposes and preliminary negotiations have taken place but no recommendation from the Park Committee. The City Engineer recommended a second access to the West from the 3 proposed plats, including a 60-foot roadway. Mr. U ilmus suggested a 60-foot road- way to the Borth of the park for access to the Tlost and also stated the 3 ponds in the general area would be dedicated for permanent ponding. Smith moved and Ilachter seconded a motion to approve the concept and refer the applications to the Park Committee and the engineering issues to the City Engineer for further study and recommendations to the City Council at the next Council meeting. JURM & MOODY. Mr. Steve I-lattsson of Juran & Moody financial consultants appeared and requested that the Council commit itself to continuing Juran & 11body as the fiscal consultant for the City of Eagan. He distributed a proposed contract form covering fee schedules. The Council made no decision with the final decision to be made at the next meeting. ORDINAIICE #5 XZIDIMIITS. Council members discussed proposed regulations of cats in the City and tabled further the matter of amendments to Ordinance #5 until the recommendations have been received from the staff. -6- 8-2.77 1JAML 1ST ADDITION DEVELOPTIEITT CONME ACT. A development contract prepared by the City Attorney was submitted for approval by the Council. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the development contract be approved subject to submission of an approved escrow. ASSESSIMITT HEARINGS. The City Clerk recommended the following assessment hearings be scheduled for September 6, 1977 at 7 p.m. Upon motion by Wachter, seconded Rydrych, all members voting in favor, the following assessment hearings are scheduled for September 6 at 7 p.m. at the City Hall: 1. 168 - Sibley Terminal Storm Sewer. 2. 185 & 206 - Heine lst Addition Sewer, Water and Storm Sewer. 3. 188 - Heritage Lane & Letendre Street Streets. 4. 190 » Cnrlson Acres, Sewer and Water. 5. 193 Ches Mar 2nd Sewer, Water, and Storm Sewer. 6. 194 - Federal Drive Streets. 7. 204 » 8lackhawk Hills Sewer, Woter, Storm Sewer and Streets, 1976 AUDIT. City Administrator Hedges reviewed the 1976 audit recently sub- mitted by Wilkerson, Guthman & Johnson. The Council discussed the general fund, the utility fund, the fire relief fund, and there were general comments and recom- mendations by the Administrator. He recommended approval of the audit. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the audit be approved and accepted. There was a ten minute recess at this point. TrM c3ET°0 COUTTCIL SYSTMI STAT EN-IT SPECIAL IICETIITG, City Administrator Hedges indicated that the Advisory Planning Commission members will meet on August 9th for a Special Meeting with the City Planner to review the Metro Council Systems Statement recommendations. He indicated that all Council members are also invited. SAITITAP.Y SEWER CHARGES. The City Clerk reviewed proposed sanitary sewer charges for property in Eagan not connected to the water system. Upon motion by Wachter, seconded Smith, all members voting yes, it wild'RESOLVID that the sanitary W7- 8-2-77 sewer charge against property not connected to the Eagan water system be increased from $10.50 to $12 per quarter. CETA POSITIOIJS. City Administrator Hedges indicated that contracts have been received with Dakota County on a one-year basis covering approximately 12 CETA positions now hired by the City of Eagan with salaries ranging from $430 to $633 per month. It was noted the salaries must be comparable with City employees in similar positions, Mr. Hedges was requested to make periodic reports to the Coun- cil concerning the progress and activities of the employees. Polzin moved and Wachter seconded a motion to authorize their execution. All members voted yes. DrMT EIS FOR I-494. It was announced that a public hearing will be scheduled at Sibley High School on August 25, 1977 concerning the draft Environmental Impact Statement for I-4(Y4. The Department of Transportation further suggests a meeting with municipal officials on the evening of August 18 at the Eagan City Hall for a joint informal meeting regarding the EIS. The Administrator was asked to coordin- ate the meeting. IMPROVEMENT CONTRACTS, The following contracts were submitted for approval and upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the contracts be approved and ordered signed: Project 0204 consisting of Blackhawk Hills utility improvements, and Project 01198!1 Cedar Ridge Addition improvements. PROJECT 0214 - SIBLEY _TERMIYdAL IPUSTRIAL PAPS STORM SO-TER. The City Engi- neer submitted a preliminary report covering Project #214 consisting of proposed storm sewer improvements for Sibley Terminal Industrial Park as requested by the Minnesota DOT. Upon motion by Smith, seconded linchter, all members voting in favor, it was P.ESOLVED that the preliminary report be accepted and that a public hearing be scheduled on the project for September 20, 1977 at 7 p.m. at the City Hall, PROJECT Ynllll.. City Engineer Rosene submitted the plans for Project MIA covering several miscellaneous projects. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLTJED that the projects involved in Project .8- 3-2-77 #211A be consolidated for bidding purposes, that the plans and specifications covering the project be accepted and that the Clerk be authorized to advertise for bids to be opened on September 2, 1977 at 3 p.m. at the City Hall. EASTER LUTHEMUT P.ESOLUTIOPT. City Attorney Hauge submitted an amended resolu- tion covering rezoning of the Easter Lutheran Church property at County Roads #30 and v31 and indicated that the applicants had an error in the legal description of their application and thus the requirement for the amended resolution. Smith moved and Wachter seconded a motion to approve the resolution and authorize signa- ture. All members voted yes. WESCOTT ROIAM EASEIMNTS. City Attorney Hauge reviewed the progress of acquisi- tion of easements on Wescott road and recommended approval of payment to three property owners for easements to be acquired; Mrs. Gertrude Thomas, $1,000; Wilkinson estate, $350; and Roger Starn, $1,200. Upon motion by Smith, seconded Wachter, all members voting in favor, it was P.ESOLVED that the recommendation for payment be approved and that negotiations for the acquisition of the easements be authorized to be continued. PUBLIC SERVICE COMUSSION - NATURAL GAS. The City Attorney then reviewed briefly with the Council recent developments regarding natural gas hearings before the Public Service Commission and indicated that the second brief on the merits was submitted on August 1, 1977. He further stated that the Federal Power Commis- sion ldministrative Law Judge had recommended in May of 1977 against approval of the UTG plant in Hancock County, Ioxra. Peoples Gas recently announced that Eagan would be entitled to 109 single-family residential natural gas connections for 1977- 1973 out of 1,304 connections for the State of Piinnesota. A suggested letter was discussed addressed to Peoples Gas Division asking for an explanation of the allocation. The I:dministrator was requested to submit the letter to Peoples Gas.. STORM WATEr, DRAINAGE. Councilman Wachter and Councilman Rydrych discussed with the rest of the Council members the importance of conserving and replenishing storm water in the City, which would maintain water levels and also eliminate -9- 8-2-77 certain costs in storm sewer construction and over sizing. MISCELLADIEOUS ITEMS. A. City Council member Wachner asked that the 55 percent-45 percent County- City formula for financing the construction of County Roads in the City of Eagan be further examined by the City Council. B. City Council member Wachter addressed erosion that is causing damage to ponds, curbs, streets as well as other items in new development areas and there- fore requested that the City staff tighten up erosion control measures in new developments. C. City Council member Smith directed the City staff to investigate the health and safety conditions of the laundromat which is located in the Cedarvale Area. D. City Council member Wachter stated he is concerned about designing a storm sewer system in the City that will retain storm water in City ponds to retain water in the City rather than piping water through storm sewer mains out of the City into the river. The City Engineer was directed by the City Council to further consider the theory in developing the revised storm sewer master plan. BILL'S. Upon motion duly made and seconded, it was RESOLVED that the following bills be paid: 4670 - 4771, 7256 - 7324. Upon motion duly made and seconded, the meeting adjourned at 11:15 p.m. PHH / J DATED : .t- i c/ -7-7 -10-