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04/06/1976 - City Council Regular MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA April 6, 1976 A regular meeting of the Eagan City Council was held on April 6, 1976 at 6:30 P.M. at the City Hall. All members were present. Also present were Rosene, Bolke and Hauge. MINUTES. After the Pledge of Allegiance, upon motion by Rahn, seconded Smith all members voting in favor, it was RESOLVED that the minutes of the March 16 regular meeting and March 20 special meeting of the Council be approved as corrected. POLICE DEPARTMENT BUSINESS. Martin DesLauriers appeared. 1. Squad car purchase. Mr. DesLauriers submitted three bids for squad car with a trade in including that from Dablo Pontiac for $3,840, Superior Ford for $3,243 and Wilroy Ford of Rosemount of $3,127.66. Upon motion by Smith, seconded Wachter all members voting in favor, it was RESOLVED that the low bid of Wilroy Ford be IIIaccepted and awarded. 2. Barbara Erickson -v- City of E a;an. Chief DesLauriers and the City Atty. Paul Hauge, reviewed briefly with the City Council an action by Barbara Erickson against the City for alleged mistreatment during a commitment proceeding in 1974 and the request of Employer's Mutual of Wausau to settle the case at $500 with 15% contribution from the City. The Police Chief recommended against the settlement but it was explained that the insurance policy requires contribution from the city with the insurance company determining whether to make the settlements. No action was taken. 3. Fire Arms Training. Chief DesLauriers requested authorization from the Council for Fire Arms Training at Metcalf School to be handled by the Phy Ed teacher from April 19, to April 26. Upon motion by Rahn, seconded Rydrych, it IlL was RESOLVED to approve the request. 4. Dog Catcher. Several applications for dog catcher for the city have been received according to the Clerk and Rice Tucker with a location on Dodd Road was recommanded. He was requested to appear at the April 13 meeting. 4-6-76 FIRE DEP/RTMENT BUSINESS. Chief Schultz and Assistant Chief Jerry Adam III appeared. 1. The City Council set a special meeting of the Council at 7:00 p.m. on April 27th at Fire Station #1 to discuss radio communication purchase and space requirements. 2. Uniform Fire Code. The City Atty. submitted a draft of proposed Ordinance #65 consisting of the Uniform Fire Code adopting the Minnesota Fire Code. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED to adopt the Uniform Fire Code and order publication. 3. Minnesota Pollution Control Agency - Burning Regulations - MPCA. A letter dated April 1 from the Minnesota Pollution Control Agency advising of amendments to APC8 of the open burning regulations. Upon motion by Smith seconded Wachter, all members voting in favor, it was RESOLVED that the Clerk be directed to publish IIInotice of the changes in the regulations in the legal newspaper and refer the matter to the City Atty. for purposes of amending the burning ordinance; in addi- tion to request the MPCA to permit a city employee to be authorized to grant burning permits. UTILITY DEPARTMENT. Bill Branch was present. 1. Ann Goers also appeared and recommended that the City adopt a new card filing system for assessment purposes sold by Mosier under the name of Revo File. She indicated that two bids had been received with the low bid of $1,327. It was noted that no provision was made in the 1976 budget for the item. Upon motion by Wachter, seconded Bmith, all members voting in favor, it was RESOLVED that the system be acquired at the low bid and initiated as the official assessment card system as soon as possible. II/ 2. Mr. Branch requested that secretarial help be provided for the Utility Department including the Park Department on a part-time basis and was instructed to determine whether a CETA employee or a part-time high school student could be acquired for that purpose. -2 4-6-76 3. Waste Treatment Plant. A letter from Systech of Xenia, Ohio requesting lira lease of the abandoned Eagan Waste Treatment Plant for treating industrial liquid waste. It was requested that a representative of the company appear before the Council to discuss the matter. PARK COMMITTEE. Barbara Schmidt was present. 1. Mrs. Schmidt requested authorization from the Council for a survey of the Pilot Knob School ground area for a potential joint project with the West St. Paul School District for upgrading for park purposes with an estimated $600 cost. Upon motion by Wachter, seconded Rydrych, it was RESOLVED to authorize the Park Director to acquire a survey for $600 of the Pilot Knob School grounds. 2. Alternate Energy Sources Convention. Mrs. Schmidt indicated that she will be attending the convention in Minneapolis on April 27 and 28. 3. Governor's Crime Prevention Funds. Barb Schmidt stated that the sum of $5,020 has been allocated to the City of Eagan for summer employment of disadvan- taged persons which will be sufficient funds for 9 to 10 employee. 4. Oak Chase Addition. The City Atty. indicated that the negotiations were not complete on the Oak Chase Park dedication or the ballfield lease. PARK COMMITTEE APPOINTMENT. Two additional requests for consideration as members of the Park Committee from Howard Fisk from the McKee area and Thomas Brown of the Burr Oak area were submitted. New resumes were requested from those that had been submitted earlier for consideration at the next meeting. BUILDING PERMITS. 1. Dale Peterson appeared and asked clarification whether the Building Inspec- tor is authorized to grant building permits to Harvey Kirchner in Saddle Horn Addition. Upon motion by Rahn, seconded Rydrych, all members voting yes, it was RESOLVED to authorize the Building Inspector to issue the remaining building permits in the Saddlehorn Addition on the remaining lots provlatd that the sanitary sewage system is in compliance with state requirements. -3- 4-6-76 2. Ray Koehnen appeared and requested a residential building permit on an 8 acre parcel adjoining County Road 430. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED to authorize the building permit provided that the applicant grants an additional I7 €oot right-of-way on County Raad30 and further that he plans the residence to avoid future streets on two additional sides of the parcel. BOARD OF ADJUSTMENTS & APPEALS. At approximately 7:30 p.m. the Board of Adjustments and Appeals met with all the members o£ the City Council and Frank Dembroski present. WILLIAM & LaRUE 1st ADDITION. The application of Dale LaRue and James Williams for variance from 1 acre requirement for single family dwelling without sewer and water on Lots 2 and 4, Block 1, Williams & LaRue 1st Addition was reviewed. It was noted that a variance had been granted about 8 years ago for a house fcr a separate residence on a two acre parcel of the original 5 acres. It was also noted that Lot 4 has a swampy area to the rear and may have septic tank problems. Wachter moved and Rahn seconded a motion to recommend for approval of the variance of the two lots below the minimum but that no building be permitted or granted on Lot 4 without specific Council approval because of the potential sewage problems. APC recommended approval. EDINA ENGINEERING. Mr. Ed Steinbauer appeared on behalf of the application of Edina Engineering for variance of 121 feet from the rear lot line set-back for building addition on part of Lot 3, Block 2 Sibley Terminal Industrial Park. The APC recommended approval subject to conditions. Property owners to the rear of the Edina Engineering property appeared and objected to placement of the fence to obstruct the 20' easement for access to the rear. Smith moved, and Wachter seconded the motion to recommend approval of the variance. All members voted yes. 7-ELEVEN STORE. Mr. Dave Shack and others appeared on behalf of the applica- tion of Southland Corporation for variance from hours of operation under -4- 4-6-76 Ordinance #52, Subd. 13 for the 7-Eleven Store, 1665 Yankee Doodle Road to provide for 24 hour opening. Numerous residents appeared from the neighborhood and objected to the application for variance including a Home Owners Association representative from Surrey Heights. It was also stated there appeared to be a lack of compliance with the original plans for certain aspects of the construction of the 7-Eleven Store. It was noted that there were no restrictions for hours in the original permit. The APC recommended denial. Polzin, moved, Rahn seconded the motion to recommend denial of the application on the basis that there did not appear to be reasonable justification on behalf of the applicant to continue to be open an additional 6 hours; there were objections from virtually all neighboring residential owners; it appeared that a nuisance was created due to the long hours and the applicant did not show that any hardship resulted from lack of being permitted to be open for 24 hours except that competition has become greater in the area; further it was noted that the applicant had been open for a period of time commencing after the adoption of Ordinance #52 in violation of the ordinance. All members voted in favor. COUNCIL MEETING. WILLIAM & LaRUE 1st ADDITION. The application of LaRue and Williams to rezone from Agricultural to R-1 the South 660' of the West 330' of the WI of the Staff in Section 14 adjacent to Wescott Road and Lexington Avenue, approval of the preliminary plat of Williams and LaRue 1st Addition and variances were next reviewed. The APC recommended approval with conditions. Upon motion by Polzin, seconded Smith, all members voting yea, it was RESOLVED that the application for rezoning, preliminary plat approval and variance be approved subject to the recommendations of the APC and the Board of Appeals. EDINA ENGINEERING. Mr. Ed Steinbauer appeared again on behalf of the Edina Engineering application for building permit for Rat = o0' building addition and -5- variance of 12-1/2' from rear lot line and further for the application for fence permit surrounding the entire Edina Engineering property on Lot 3, Block 2, Sibley Terminal Industrial Park. The APC recommended approval with conditions. Mr. Steinbauer indicated that he would delete the application for the fence entirely because of the objections of the neighboring property owners for the present time, due to the private easement and access. Upon motion by Smith, seconded Wachter, it was RESOLVED to approve the application of building permit and the variance to provide for set back of 12-1/2' from property lot line as described in the appli- cation. All members voted yea. 7-ELEVEN STORE. The application of the Southland Corporation for variance from hours of operation under Ordinance #52 for 24-hour schedule for the 7-Eleven Store, 1665 Yankee Doodle Road, was reviewed. The APC and Board of Appeals re- commended denial. Upon motion by Rahn, seconded Wachter, all members: votinry in favor, it was RESOLVED to deny the application for the reasons cited by the APC and Board of Adjustments. DAKOTA COUNTY REORGANIZATION RESOLUTION. A proposed resolution submitted by the League of Women Voters recommending approval of the Dakota County Reorganiza- tion was next reviewed. Smith moved and Rydrych seconded a motion to adopt the resolution favoring the Dakota County Reorganization. A member of the Dakota County Study Commission, Gary Pagel, appeared in favor of the resolution. Smith moved and Rydrych seconded the notion to withdraw the original motion and to table the motion. All members voted in favor. CLARENCE SINDERNMAN MINIATURE GOLF COURSE. Clarence Sinderman appeared on be- half of his request for special permit under Ordinance #52 to operate a miniature golf course in the CSC zoned area between Country Club Market and Perkins on Highway #13. The Council members aqpeared favorable but indicated that the park- ing issue should be resolved. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED to approve the special permit application pro- vided that there would be no parking on the service road adjacent to Highway #13 -6- Illand no backing onto either service road adjacent to Country Club or Highway #l3� further that there would be no more than two driveway access locations to the parcel. SPECIAL PERMIT FEES. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED to authorize a fee schedule for special permits under Ordinance #52 consisting of $50 for the original permit and $25 for annual re-. newals. BURR OAK AREA DRAINAGE. Mr. Stan Pikarsky appeared and reported serious drainage problems on his property immediately North of Highway #155 in the Burr Oak area created flooding on his land. He requested that a study be prepared for storm sewer to provide for outflow to the Burr Oak Lake to the South. Rahn moved and Smith seconded a motion to authorize the City Engineer to prepare a prelimi- nary report and to report back to the City Council. PROJECT #174 - CEDAR INDUSTRIAL PARK STORM SEWER. The City Engineer indicated that there was no final response from the NWCC concerning its request for contri- bution for the installation of a proposed storm sewer near Commanche Road. Wachter moved and Rydrych seconded the motion that the City Council take no action on Project #174 until an affirmative response is received from the MWCC concerning contribution for the cost of the projects, and that the final decision in the matter be tabled until such time. PROJECT #168 - SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER PROJECT. The City Engineer recommended that Phase 1 of the project, consisting of a trunk to the railroad track and a subtrunk to the rear of the Murphy Trucking area, be in- stalled at the present time. He further stated that there has been no answer from the Minnesota Highway Department concerning its contribution. Poizin moved and Rahn seconded the motion to install Phase 1 of Project 4168. A letter from Pre-Hung doors was read objecting to the project and a repre- sentative from Murphy Trucking appeared and requested an extension of time to -7- review the matter to a greater extent. Polzin and Rahn withdrew the first motion. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the decision on the matter be continued to the next meeting and that the City Utility Department be directed to do temporary maintenance work on the project to avoid unnecessary erosion. JOHNNY CAKE RIDGE ROAD. Several residents in the area appeared and had questions about the installation of the project. There were no objections. A letter from the Apple Valley City Council recommending a joint powers agreement for the construction of the road was reviewed and upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the Engineer be authorized to prepare plans and specifications for the project and to prepare a preliminary P_OSc" . report Project #169A. The Clerk reviewed the bids for-zPvecisete4469A consisting of water main to Lost Spur and miscellaneous projects and noted that the low bid was QRS Construction Company for $78,716.50. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the low bid be approved and awarded. NORTHERN NATURAL GAS COMPANY. An easement providing for restricting the width near Eagan Fire Hall 461 to 35' was reviewed by the Council and upon motion by Rahn, seconded Rydrych, all members voting yea, it was RESOLVED that the easement be approved and ordered signed. NATURAL GAS SUPPLY. John Klein appeared and strongly urged the City Council to take whatever action is necessary and to make necessary contacts with Northern Natural Gas, the Federal Power Commission and any other agencies to determine what can be done to acquire a supply of natural gas for new connection purposes in the City of Eagan. A special meeting of the Council will be held on April 24, 1976 at 9 :00 a.m. to discuss the issues with developers and other interested persons in the City. CITY -HALL ADDITION. An architects contract with Horne Architects, Inc. for -8- an addition to the City Hall was reviewed and upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED to award the contract and order signing. PROJECT #162 - CHANGE ORDER #1. The Clerk submitted Change Order #1 to Improvement Project #162 consisting of $1,061.50 with Alexander Construction Co. for miscellaneous work. Upon motion by Rahn, seconded Smith, all members voting yea, it was RESOLVED to approve the Change Order. DAKOTA COUNTY - ZOO TRUNK ASSESSMENT APPEAL - PROJECT #137. The City Attorney submitted an agreement with Dakota County concerning the final approval of assess- ments on the zoo trunk project relating to the Dakota County assessment appeal and upon motion by Polzin, seconded Smith, it was RESOLVED that the agreement be approved and ordered signed. All members voted yes. III STEVEN RUTZIK -TIMBERLINE ADDITION. The City Attorney submitted an agreement prepared for Steven Rutzik on property formerly owned by William Poferi consitin; of Lots 6 and 7, Block 3, Oslund Timberland Addition for approval regarding potential assessments on tax delinquent property. The City Attorney recommended approval and upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVED that the agreement be approved. WILDERNESS RUN 1ST and 3RD ADDITION. Arnold Carlson appeared and requested a 60 day extension with an 8% interest bearing note for park contribution for Wilderness Run 1st and 3rd Additions. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the proposal be approved. CITY ADMINISTRATOR. Loren Law appeared and reported on the progress of find- ing candidates for administrator for the City. The Council set a meeting for 7:00 p.m. on Thursday, April 22nd at the City Hall to discuss qualifications for the City Administrator and further set a special meeting for Saturday, May 8, 1976 at the City Hall to interview candidates. -9- CEDAR GROVE NO. 11. The Council reviewed the question of whether to require street lights and sidewalks in the Cedar Grove No. 11 area and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the City Engineer be authorized to include the provision for street lights and for sidewalks on the collector streets in Cedar Grove No. 11 in the preliminary report for street im- provements. CHES MAR ADDITION. The City Attorney discussed the development contract with Gabbert Development Co. covering Ches Mar Addition and stated it has now been returned by the developer fully signed and upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the Development Contract be approved and ordered signed. 1976 MISCELLANEOUS UTILITY BOND ISSUE. A resolution was submitted by the City Attorney covering miscellaneous projects under the 1976 $633,000 utility bond issue regarding consolidation of projects for contract purposes. Upon motion by Smith, seconded Wachter, it was RESOLVED that the resolution be approved and ordered signed. All members voted in favor. SVENN BORGERSON AGREEMENT - TIMBERLINE ADDITION. The City Attorney submitted an agreement covering the Svenn Borgerson property in Timberline Addition pro- viding that the City would release its claim for approximately $2,100 for instal- lation of improvements on the Borgerson property in return for a release of any claim from Mr. Borgerson against the City regarding the installation of utility improvements. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the agreement be approved. ORDINANCE NO. 52 - AMENDMENTS. The City Attorney reviewed with the City Council proposed amendments to Ordinance #52 recommended by the APC. The Council requested an additional change in the Ordinance regarding beauty parlors in resi- dential areas and requested that the decision be made at the next meeting. -10- CHES MAR ADDITION. A request from the developer and Arnold Carlson, that the deeds covering the dedication of parcels in Ches Mar Addition to the City be held in escrow with Mid America National Bank of Eagan because of vandalism problems during the grading process was approved by the City Council on a temporary basis. CIVIC CENTER BOND ELECTION. Upon motion duly made by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that a resolution amending the initial resolution for the Civic Center bond issue submitted through the bonding attorney. All members voted in favor. The meeting adjourned at approximately 12:30 p.m. Dated: April 6, 1976 air ,d h'- - 776 4k7a,e —11—