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12/10/1974 - City Council Regular VA12071, A RYZXAR "1.72 EACee CM '1,..,t7j1I NIVESUIA Decemb4r 10, 1374 110.&Te ADJUSTMENIC AND APPEALS. At 6:30 p.m.,Meyox Polein annoveced the coovening of the Board of Adjustments aud Appeals. All members were preeent cooloet Membera Hall and Marble, Neil HORIZON flOMES The Council first reviewed the application of Na Rortca L,- 1t1 for variance for the length of cul-deesac consisting of aeprozieata3y G Din= motion 17 Rahn, seconded Rydrych, all members voting yas, it was oemoverded that the application for variance be approve! pmluent to the le?: %areavesudation. rExNETH HASLER-LOT 1 BLACKNAWK ACR20. The application of Kauncn Healer for n Ov:zion of Lot I, Bleckhawk Acrea Into two oeparate portions sod v.-.4-?,iaca Arc 4:-.1a portion of the City lot to be less than a minireoa of 1,000 square iac-L. Upon malisr.,.a by Polzin, seecnded Wachter, a members voting yea, it was reconnarairel that g,.aAiisiou be permitted to provide for two equal sized lots purseant to taa teosemendatioe eale by the APC. U.S. P05;TM. SERVICR. The next application reviewed was that of the U0 S. .0ealorI ■MML■•WW.Melba••••••YTI ON ff..MI..0 .*•■■•■■■•■■•. :v/f:le...cto for vi-xta,zee from the 40 foot front yard set-back for 13 faeZ7.. foo gaoce. etre2 on17 to allow for parking in the set-back area and to allow for drite-in moil boa aeo-vice in the front yard. Upon motion by Wachter, seconded Sii. it et9s RESOLVED to reocnaend that the application be approved. All untabers vol;!ed :5F II:7N-07ORST CAPOUTION-MILIASOLEgg. The application for Rauenwt7t from rear year sets-back requirement for green space only woo vpm Cetb, seconded Rahn, recommended for approval. AU menboos aoctl in ;ZAVOX Wacher, who abstained. 111 A% c7ivacei.7 7z00 p.m. Mayor Polzin announced the cotweaing of the reeo';.-x neettee kgzan City Council, all members were present; also R.,71%e-vt Rt.,scuno C:tty ?eul Hug , City Attorney and Alyce Bole, City ClorL ilfar n3 eiv'Fc!, -i. i,„11.egf.zm.,:,, t..2 q r.,..: i-rc llse Istan, a-eead ; Vletacv4 all IIIrataters voting in fa!or, it was REaOLVFD that d minutes et: ariveaa;er 12, 1974 & Nwaabez l 197' be approved. The Novether 124 1974 nimtea velating to Fags 3 concerning Eohna house being rented in Patrick Naarthy Peak to provide that upon veastlas of the property by the present tenants that the condition el' the carpetina ze xeviewed and payment will be made to the tenants depending upon the ccadt- t, a, of the carpeting. Y1HE DEPARTMENT. Fire Chief Schultz appeared and indicated that bide have aee •iaed ad opened for the aerial platform fire truck with 3 bide be subeeLe'.: , .P tequested that award of the contract for the truck be delayed until the Decar%.va 17n meting for further review of the bids. Mt. Shultz farthcr indlcatee that ahe pumper truck ordered in 1973 will be delivered within the neat week and will N aseigaed to Fire Station II. III Chief , n 1 - Schultz also requested an additional of 41 ,.1.,7n ,.a .-, ,.al firemen's compensation for 1974 less the amount left in the account. Ulaa . .,r.. ,-. a: Gelith, aecouded Rahn, all members voting in favor, it was RESCWa') that such itional compensetion be appropriated for the Fire Department fo.-7: fJ:cen,An's aompenzation purposes. PION TFmr,ro. An application from Cedarvale "Highland Apartrazuts :Ja Beau d'it,,..n 'LA-3-1 Reou Road was webmitted for a free standing sign and was referred to tla; ?5,anding Inspeater for a check as to the location of other signs in the and xe?ert az the December 17th,1974 meeting. W4 HORIZON HOMi0 Upon motion by Rahn, seconded Wachter, all rizobarz vctivy, s41.1 it was RESOLVED that the application of New Horizon Home for 1W ever,m1 it pzelimiDary plat approval for Woodgate III Addition be set fm? p-...4,11c, ::,,T jelnialfy 7, 1975 at 7:00 p.m. III YAW57 BASLLR a LOT 1, BLACXHAWK ACRES. The application of Ke=zt% V;:sle.-.: L 1 , Cla-Vi-zlitk Acres for a variance was upon motion by Rahn, eeeonded Salth, all .,. mmLn ',' vet ,g ill },toy. °, RESOLVED to graot eJ8 variance s\LIb;. °s ;c 4,t':a re +.ws 'Li ca of the 2C azd Loard of Appeals. Mt. fader appec..cei via made no ob jectio > .v.:3 the ac't c i, 17,x;, POSTAL SERVICE, The application of U.S. Postal. 3 erc ce fcr a variance fT.o.a ?1e 40 foot front yard set-back for 18 feet for green strip only to a;•l cr for •„T, 7, g I,u the front yard set-back was upon motion by Smith, seconded W:c, hta r, en arc voting yea, it was APPROVED subject however to receipt of i:he as riari:ee, j':,r from to applicant. 3AUEN WRST CORPORATION - SALES & SERVICE, The application from Rnuc.n hcrst . rpo: ;tion for building permit and variance for Sales and Service industeaj. ai'id ing on Logs 4 & 5, Block 2, Eagandale No,. 4 was upon mltior. by Pclzir;, :;cco ded ;.tarn, APPROVED sub je.t to the APC and Board of Appeals recomarvdr.tiln. All members v tod in favor, except Wachter who abstained. III 117NNESOTA BAPTIST CONFERENCE° Mx° Vernon Plucker appeared on 'behalf of Cop. application of Minnesota Baptist Conference for building permit for an eliCc:- l;a Cedar Grove Baptist Church at County Road #30 and Rahn Road. Mr, i :C.iic'.k.r .;. ated thst the next stage in a 3 stage proposal would provide f:o• a .c . <cjti.e b.te:oen the existing building and the proposed building and for a ba .ez: .rt• tligt W id be capperi and the third stage would be the completion of the sGn:t aty. ...p ticar:t further r requested relief from landscape requirements at the p..ce eil: UATA— .-r: x°N such requirements to be fulfilled at the time of construction of tbz 3.1w°. ,, ;s2 r it being understood that construction of the final phase would be corplk,te Fl.thi a the nest 3 years. The applicant further requested variance for a 7 t: a a jti r : nt on the North side to take effect at the time of construction oK.: t;: 142.E.;: xb ?.ee, Upon motion by Rahn, seconded Smith, all members vctk ^g in f;iyc't III ear o R ;3;;7ED that tais foregoing application be approved subject huNever t a..noil1 v rr a..P. rc l ..e from landscape ordinance requirements until the risen . : i:e a , ; 4 st Q.,. .k r, c f final specifications and also the variance from the 7 foot -3. austmsntcftheNcEthside, 111 WL ... RE,LiTY /W. - PUBLIC 'BEARING, Upon notion by Wachter, seconded Smith, all members vloting in favor, it was RESOLVED that the public hearing relative to the application of Eagan Realty, Inc, for preliminary plat approval of Gopher - Eagan Industrial Park 1st Addition, West of Highway #49 be set for January 21, 1975 at: 7:00 p.m. BARTON - NeGRAY - PUBLIC HEARING, Upon motion by Rahn, seconded Smith, all .------------ 1n:embers voting yea, it was RESOLVED that the public hearing based upon the appli cation of Barton and McGray for preliminary plat approval for a commercial site In Section 19, zoned I-1 be set for January 7th, 1975 at 700 p.m. ORDINANCE NO, 59 - CONSOLIDATED SINKING FUND. The Eagan Attorney submitted a revised draft of the resolution and ordinance for the establishment of a consoli- dated sinking fund for improvement bond funds. Upon motion by Wacht:.1r, se,:n7,-z:1 ::::::htea:::::spr:oting yea, it was RESOLVED that the resolution adopt approved and ordered published according to law. PLANNED UNIT DEVELOPMENT AGREEMENT - PILOT KNOB 1EIGh7S ADDITION. The Council nett reviewed the Planned Unit Development Agreement relating to Pilot Knob Heights Addition near Fish Lake East of Highway #31. After review and upon motion cl,ily made by Rahn, seconded Rydrych, all members voting in favor, it was RESOLVED t"lat the PUB contract be approved and ordered signed by the appropriate officials, MINNESOTA ZOO - TNP, PROJECT #137. The City Engineer briefly reviewed the bide submitted for Imp, Project #137 consisting of the sanitary sewer trunk to the Minacaota Zoo and recomended that the award be delayed until December 17th. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the award for the contract for Project #137 be delayed until Decera',#(.4-1: If, 1974. IIITEST I & SPECUICATION3 - FLAGiyREALTILIE. The Council next discussed the --_, requect n2 the APC for approval of a request by the Eagan Council for appropriate -4- tests and a`. s ectior', by State ageeciec and the Th iversity of Fthm aota relating to the eppliestien of Eagan Realty, Inc, for PUD approval of Gopher-Eagan PUD .n Section 1.+, 12 & 13. Upon motion. by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the issue be delayed for 30 days and further that the City of Inver Grove Heights be notified concerning the proposed PUD requesting any input on their behalf regarding such application. The Council dizeuas +.d the need for a comprehensive program of testing in the vicinity of the G.her Smelting plant due to potential development dangers to future development fnoe the area. GO;HER-EAGAN PUD. Upon further discussion, upon motion by Rydrych, seconded Sailth, all members voting yea, it was RESOLVED that prior to consideration of any application by the City Council for approval of a preliminary plat PUD or other development in the area of the Gopher Smelting plant by Eagan Realty, ir:. t aat the City Council require a deposit by the developer to cover any testy and ftspece tion fees deemed to be appropriate by the Eagan City Council in an initial ew of $1,500.00 with the understanding that any amount not necessarily peed for such l=ees, tests or inspections be returned to the developer, all according to Ee au Ordinance %10 - Subdivisions. CeD1R CROV�? NO 8 v STREETS. Pursuant to recommendations of the City Engt weer and upon motion by Smith, seconded Wachter, it was RESOLVED that the periiormence bond regarding street improvements of Cedar Grove No. 8 be reduced to $5,000.00 in conformance with the F. gineer's recommendations. CYO?.^1 GROVE NO, E8 & 11 - STORM SEWERS„ Upon motion by Smith, seconded Wachter all members voting yea, it was RESOLVED that pursuant to the City Engineer's recommenglation, the storm sewers in Cedar Grove No, 8 and 11 be ii,, ,r4ed. and Lb r•evformence bold be released. 3,2 ,0N-SUE LIQUOR LICENSE - NORMAN VOGELPOHL0 Mrs Vogelpohl. and Mx c Julius N.atl.Ine i appeared on behalf of the application of Norman Vogelpohi for transfer -5- . of the 1975 liver ljevrae issued to Julius Klainski at 3665 Sibley Memorial Highway. It was noted that the former application for trensfer by Mr. Vcgelpohl 111 was not completetl. The Police Chief had reviewed the application and did not object to the transfer. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the transfer to 14r. Vogelpohi be granted subject to compliance with all necessary ordinances with the understanding that only the ineurance policy had not been submitted; further that only one transfer fee be required. ACCEPTANCE OF STREETS IN MISCELLANEOUS SUBDIVISIONS. Pursuant to the letter ---_—__ of the City Engineer on December 9, 1974 recommending acceptance of streets and com4encement of snowplowing services, upon motion by Polzin, seconded Rydrycb, all members voting in favor, with exception of Rahn who abstained as to he Hillandale subdivision, it was RESOLVED that the following action be taken regardins the IIIrecommendations: A. Accepted for snowplowing: Meadowlark Lane in Hillandale; South Hills hd,'S:"Len Evergreen Park; Wilderness Run Additioes 1,2,3,4; and Surrey Heights Drive. S. Accepted streets and for maintenance: Oak Chase 1 & 2, Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that pursuant to the recommendations of the City Engineer the streets in Lakeside Eatates Addition be accepted by the City for maintenance purposes and the bend be released. HUD RESOLUTION. The City Attorney requested that a resolution regarding require' manes for the HUD pat-k acquisition contract be considered at the next regular SOUTH MU. FIRST ADDITION. The development contract regarding South Hills Ive IIIAddition was submitted by the City Attorney. Upon motion by Wachter, secowed Pydryel, all nevbers voting yes, it was RESOLVED that the development cou'eract be rrpreqed subieet however to submission of a maintenance bond from the ccrizact0r 6- . . . o complete strect wrk 22 recommLaae‘i "zy the City Eltginecr, anti srbject Zurther to a 10 year provisioa regarding non-assessment of property owLets in the 111 sc.lxlivisl_on i.T Uescott Road improvements. rRogem #137 - ZOO TRUER EASEMENT iCQUTSITIONS The City Attorney indicated that the Dakota County Board on December 10th adopted a resolution irsdieating it would oppose assessments for land owned by Dakota County in the area intended to :,e. assessed for Project #137. No action was taken concerning the matter. 2974.211812142.22.190 BOND ISSUE. Upon motion by Folzin, seconded Smith, all •vbrs voting in favor, it was RESOLVED that the bond resolutions attached to .T:.e.se minutes regarding the 1974 Bond Issue be approved and ordered signs& Upon motion by Rahn, seconded Polzin, all members voting, in favor, it was RESOLVED that the bills as presented as follows be paid: #299 through #314; 048 through #1130; and #787 through #843. IIIThe meeting adjourned at approximately 10:00 p.m, December 10, 1974. III -7-