10/30/1973 - City Council Regular M NOTES OF REGULAR MEETING OP V� COUNCIL
DAKOTA COUNTY, VILLAGE OF EAGAN, MINNESOTA
October 30, 1973
A regular meeting of the Village Council, Village of Eagan, Dakota .
county, Minnesota, was held on October 30, 1973 at 6:30 p.m. at the Village Hall.
All members were present,
The Council net with Mr. Norman Kellen, the Dakota County District
Consercvaticuist and with Martin Shields, a member of the Conservation Board, to
discuss conservation practices in the Village of Eagan..
At approximately 7:00 p.m. the Council net as Board of Ad justeents and
Ap'eale with Membersliall and Marble absent, to hear the application of I(endcth
Appelbaum to divide Lot 1, Block 1, LeTendre Addition into two separate parcels,
Upon motion by Member Rahn, seconded Member Wachter, all members voting :'oo ,:
IIIwas- RESOLVE! that the application for division be recommended for approvci. .
At 7,t).5..p.m.. after the Pledge of Allegiance, upon motion by Councilman
Wachter, seconded Councilman Rahn, all, members voting in favor, it was RESOLVED
that the minutes of the previous regular meeting of October 16th be and they here-
by are* approved with the exception on Page 5 providing that payment of the proposer,.
library rental space be $100,00 per month and further on Page 1 that the contract
for gewnetu Karsten be in the sun of $4,500.O0, Ali nembetrs voted in favor.
upon motion by Councilman Smith, seconded Councilmen Wachter, 'all members
voting yea, it was RESOLVED that the minutes of the Special Council Meetireof
October 9, 1973 be and they hereby are approved.,
The Council reviewed the recommendations of the Assessment Committee
of Ontcbar 23, 1973, in particular the recommendation relating to the MetropolI ,;a;
S.M. Boards objections to assessments on Comanche Road. Upon motion by Councilman
Rydrych, seconded Councilman Stith, afl members 'voting yes,.. it was RESOLVED that
the Village E::gineer and Village Attorney prepare; a letter of appeal to the Metro
Sewer Board relating to the street aesesaiuents on Comanche Road explaining the
3lsto y of the project.
Upon further motion by Mayor Polzin, seconded Councilman Wachter, all
umbers voting yea, it was RESOLVED that the recommendations of the Assessment
Committee of October 23rd be and they hereby are approved and accepted:
Mr. William Schultz appeared on behalf of the Volunteer Fire Department
mAr5. discussed a proposed fire prevention code. Discussion also concerned a pro-
posed monitor alarm system particularly in multiple family housing. The Council
asked the lYire and Police Departments to make a study and report back to the
eeenc i i There was also discussion concerning legal action brought by a beaus e
VrAuatec: Fire Department member against the Village of Eagan and ethers and
recently had been commenced against William Iiilliron, a former Volunteer Fire
Department member. The Village ettorney was instructed to determine whether the
Eagan insurance carrier at the time of the accident will defend the action on
b hale'. of Mir. Milliron and report back to the Council.
Police Chief Martin DesLauriers appeared and recommended n 30 -vh .p.?.e
Unit be requested for Maurice Drive, Eighsite Drive and Sherman Court. 1Jv01
motion by Councilman Rahn, seconded by Councilman Wachter, all members voted yea,
it was RESOLVED to request the Minnesota Highway Department that 30 mph limit
be imposed oa those streets as recommended.
A meting was set with the Police Department representativice for
Novae;e • 5 h at 7:30 p.m. .to review police salaries for 1974.
Several members of the Park Committee met.and indicated that the Path
Committee is aurebea n; a warming house for $900.00 and would sell the McCarthy
Tor reerine ddations were made for replacements for Larry Strohki: ch
on elae Park Committee: Gardner Miller and Fay Cooper.
representative of new Horizon Hostas appeared on behalf of the app11.-
ca tioL ion: four 0 ) lighted signs, 12' x 8' each, in various locations. Up*?
moiiorn by Co lei1mmen liachter, seconded Councilman Smith, it was RESOLVED that the
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si n narked Rio,-, 3 '.V denied, that Wo. I be accepted and N 2 „. 4 be referrer_
to thz. Bui .ding inspector and the Police Chief for further report. it rag r.r•; r=-
stood,, tkowever, that the applicant coin& erect two temporary signs at the .ocrt:-lnrg.
Do, 'J, & 4 until the final decision
',%e flayor then announced the convening of the public hearing on the
0,,,:icst...vn of Virgil Schaaf to rezone the : 400 ' of Lot 3, Auditor's Subdivision
16, ° o,- h ss: Hi.g>iway #55 from A - Agricultural to C•2, Heavy Commerciale, Th
,3rd'; i2:: is_lliu a toval, It was noted that the Board of Supervisors on
W' 7.t::!.i'tt a_ cx:.tiitional use permit restricted for the Schaaf f-awil.y only-
A±te ° r.,,,si; ^:l. discussion concerning the need for rezoning and the co u':ein.
3poi sviag, that about one year ago a conditional use permit c granted
eft r request.. for rezoning; upon motion by Councilman Rahn, seconded Coc: c1?!mar
1• 33hter, it was RESOLVED that the application be approved. Those iu rav1). 'N •e
Councilmen Wachter, Rahn and Mayo:. Polzin. those against were Cr.un .iiii
end Ryarych. The motion failed for lack of two thirds required percentag
rezone by law, After further discussion and recommendation that th' rezoning
bs: rest.:: cted, upon motion by Councilman Smith, seconded Councilman a acfte er, all
m anbe :4 -;got ug in favor, it was RESOLVED that Er. Schaaf's applicAtica for
tsce,iing be approved subject ho-'ever to the express condto- c:lat the
id(ovz ::y used for the gal eral types of uses now in existence on the
property 41.A that no other uses bs permy.t-ted at anytime in the fut*see nni ek y
.2,rissr,t granted by the Council.
At,, •:len . ?arranto appearad on behalf of his application for a building
. , r ;is fox :x 3.0+:) ,que‹s foot ne,-i .:..al building facility on Lots Ii & l2,, Cedac
art-'. a total estimated cost of $90,000.00. APC rat:om-*cs,dc:,
approval, i7pon tcot.tm. by Councilman Wachter, seconded Councilman :smith„
iJ.a.q.tire wring in favor, it was RESOLVED that the application be approver.
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• Mai. Parreato also appeared on behalf of his application for final net
approval of Cedarvale Office Park. Upon motion by Mayor Poizin, seconded Cou .ci1'-
taa a Cmit:ii, all members voting yes, it was RESOLVED that the application be
approved.
M:. Richard Stryker, an architect with Berquist, Wahlberg and Bergstedt
anti a representative of Thorson Construction Company appeared on behalf of tho
epplicEtion of DCR Company and Thorson Construction Co, for concept approval
of the ,rr7iscd building plans for a 4 story multiple building on Beau d'Rue Drive
Rahn Roci. ore APC recommended approval: The revision would provide for
72 studio epWrtuerts and 36 one bedroom units for a total of 108 units. 'Thera
we.1 i. scu.Lai:ra concerning access from Rahn Road and concern about the interior
parking to assure adequate area for emergency vehicles. The applicants assured
t a Council th=e would be adequate area for such vehicles and that all <a::diaaa,I6
requirements will be met. Upon motion by Councilman Rydrych, seco;u ed
Smith, all members voting yes, it was RESOLVED that the application for bzi.0Lr+ :
con.,ept approval in conjunction with the approval of the eariler building permit
application be and it hereby is approved and the applicants be permitted to
onmmance construction, subject to compliance with all ordinances a~::l anal
App::r'v el Ly -ba Building Inspector aril the Village Engineer.
A =- p esentative of Concord Industries, 1243 Eagan Industrial Road,
for a 5,400 square foot building ac;ditis.0 io its building at that location naxt
appeared Upon mntion by Councilman Wachter, seconded Councilman Rahn, all
mmmbers voting ye 3, t was P.ESOLVED that the application be approved subject to
th:-. Village. JnjineeS and Building Icspector=s final approval. The APC co:s end
Piro John Kukstad, attorney from St.: Paul, appeared with i+tr. Tiallauty
couc: x•uing a request on behalf of Mr.Halladay for the waiver from the Ord. f2e:e
requirement of muui.:.ipal sewer and water on a 1 acre parcel of property owned
by itc„ .Ilalladay In Sibley Terminal Industrial Park, It was noted that he was
unable to acquire ea easement for utility purposes from Edina Engineering, Inc.
across a 20 foot street easement acquired from Mr. Halladay from Edina Engineering
A request woe made to permit a private well and septic tank until such time as
easement ; s,required. , The Village Attorney and Village Engineer were
T2;ques:,4 tc contact Mr. Edward Steinhauer of Edina Engineering concerning the
acquisi°.a.on of the easement and report back to the Council.
The Village Engineer then presented proposals for access through. cite:
Village of Egan to the proposed Zoe. The Council members were concerned about
using available Eagan's funds for access to the Zoo in Apple Valley and lack of
t.onLribution by the State of Minnesota for road access to the Zoo The Village
Etg;Weer was requested to report to the Zoo Committee on Wednesday, O tof,e' e :
concerning the Council's reaction
Upon motion by Councilman Rahn, seconded Councilman Smith, all z�►: i;::�4
voting in favor, it was RESOLVED that the application of Kenneth Appelbaum to
reeona part of Lot 1, Block 1, LeTendre Addition from R-1, Single Residential
to r-2, Double Residential be scheduled for hearing on December 4, 1973 at
i t
12-.114
The Council than reviewed the proposed 30 foot easement around the
Texaco Station at Cedar Avenue end Highway #13 which had been discussed at the
previous Council ueeting and Assessment Committee meeting. The Village Engineer.
indicated *':ht i?e: `•..ad been discussing the matter for several mouths with
Texaco real entate officials anc that Texaco had been notified of the hearl.ng
f_ouc,erni ug the Improvements in June of 1973. The Village Attorney had ind.sated
that he had met with the Texaco personnel on two occasions within the past wo
weeks and had recommended that Texaco take a position concerning the easement
r5.
n uid . - done in the fall of 1973. notice h e been given to i-,..=;cc
14:4 y.;.:_ i Zyiyt'a concerning Co-;uicil review for October 30th bnt no Te..aco
ri '+rY:rtsk',°,}:,',t".et+..`VTe ep e4red. There wa:$ strong concern by the Council concerning
.. -Ife'zy an weifere of residents and drivers in the private drive area off Cedar.
venue enue 'J' .t:al f he ultimate objective of possibly cutting off access to one
+�tx :1.ri vera , It was further noted that contacts had been made with Te..ano
: :•evr . concerning the improvement of the street particularly
In a c l And thot in recent months Texaco had failed to make any improve F t. ,e
t: a:h c'sxivegavo Upon.motion by Councilman Rydrych, seconded Couacilizar S t
a :Y• ;i rLberc. 7of irg yes, it was RESOLVED that the contract for th CedarvaIn
;;:°:.:•was be amended to delete the 30 foot road improvement around
�.i:7£ie ✓C 'o gilt? rea:.ors stated above and for the fact that no ea:n-:i3t hed,
a v:i.red frola Texaco.
There was also discussio_. about constructing a non-surmcu ,. b:t::
on Ceclarvale Drive to Cedar Avenue on both sides so as to relieve the ser: 11.
through traffic congestion and sa:ret; problem leading into the Tez< co static)._
1.7 the onera.. 1
,, h.. public. .,Upon: motion 'bv Councilman. I?ydrych, se4�^�u'c<. Cf2t ,'";'lmo:ra
Smith alt urimbers voting yes, it was ><.t'SOPJED that access from
to newly improved Cedarvalc Drive be cut off within 30 days for the
reasons iwlud .ng close mentioned above unless the owners of the T::xs1=.0 prcpertd-
{.•^co:'gh trarftc ea _ae ,3'.r3vet,ay on their own Snit At°.v
rt „ Robc1 Le:: also atceared co :c.erning a proposed accaae !told aa- cs`fi ,,.
III LI i,v;„ 0? 't, . ;7 :.,r.;.a krale Drive oa1: Robert L e e Restaurant a: c: r;e
C ';r_.?. Ii:R' =�x, :;;�,, sec:on1ied Counc.Y:im n Wachter, all members voting es
y s t _x a.;
R- :>74_VEO Oat tl.tt Village Engineer study the matter eel report Neck ii
i� �•� '? then reviewed the proposed request for chaeg of l.q,t,.;
Acie by '_ ::t Slo..tr, Inc. to a club license. The Village Attorney iz.ui?e.t^f:
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C:x_r 'ke aa.x ected to be able to make a final recommendation et the next mecum ; .
tLat f cl�• 't; licerL a will not use a regular on-sale license allotted to the
Vi liege: 'eye mattes: was continued.
The Village Engineer then reviewed a request from the Village of .
urnefil a recommending that certain sewer interceptors within Bloomington, Eagan
. ai Burt sv .lY.e be acquired by the Metro Sewer Board. No action was takeu and
t'r:e �%:'...:�418e n ineer was requested to further study the matter.
change Order No. 1 to Improvement Project #94 covering Deerwo xl Drii,
aura Silver . iL Road grading in the soma of $16,623.72 was, upon motion by
Coun�:.i.l i an Rena, se.onded Mayor Polzin, all members voting yes, approved.
Mr. Robert Qottsacker of Mettram, Inc. appeared on behalf of a request
of bettrea to censtruot two car garages on part of the ASanitou 15;.e% mei: iliay.ic-
haqt Pond 'acrd Silver Bell Road. The matter was referred. t* the AM for -:se to
meadation.
Mr. James Horne appeared concerning street access over land owner..: bx
him and alledgedly committed by the gown of Eagan in approximately 1962 for
ac.ese purposes, It appeared that ao Eagan records indicated such a cowettment
but Caw Ciewk was requested to make further review of the minutes.
ibya Brea Helmken appeared ani discussed a proposed grant os.' an Agent•''c
Lette- of xie.:ord to Mr. Helmken to permit him to prepare specificaaous for
beet"%0 r.n ent and life : rraurende for tie Village. Specificet§oils would be
£dvertised :till bier would be received from any bidding company through the
agent. gr: .nt4 a :�.�..�:ar of record. The Village Attorney was requested to ra•vi€tw
t .e :.utter a report: beck to the Council.
A requ 4t :drays the League of Municipalities that Eagan join the :i,6agua
111 and for the Nat:opoiitan League for 1974 was next reviewed. After considerable
discussion, .upon mo4on by Councilman Wachter, seconded Councilman Smith, all
4 .. 9
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voting ye L, :,L was RESOLVED that the Village not join the League Fc
1774t.
The C'Sun.J l then voted by secret ballot for a Park Board replacement
and elected Fey Cooper as the replacement for th^ Park Committee.
rip ,:z motion by.Mayor Polsin, seconded Councilman Rahn, it was RESOLVED
ttyi Village Council confirm the acceptance of the petition from Land
y_.any.,: :.; . nd Engineering Co. .for street improvement for Wescott Hills Addition
. dated July 3, 1972 ,end ratifying all acts concerning Project #107 taken to ears,
. l i:i n'_ekTb°rs voted : as.
A r or.tract with Kenneth Karsten concerning the park ice rinks for
.
l9774 •;;•as pr^:rented 'but no action was taken se as to acnn.'re comments from
.iii:1 Branch.
It was noted that a meeting of the Rouse Subcommittee on Local
Government relating to noise pollution in the-Hagan area will be held ;:
Village Hail on Wednesday, November 7th at 8:00 p.m:
An application for Macey's signs for a -sign permit on the building
known on the Lou»ifatt Restaurant at Shawnee Road and R:tghway #13 was
p es#rted. It was noted that the current name is Joey's. Upon m::tion by
Nayrr Po1zin. seconded Councilman Rydr-rch, all members voting yes, it was
RESOLVED net ;-he application for sign permit en the building be approved but
the Tril1:a :e Clerk check to determ{ne who actually is holding the license
for the on�.iale liquor licence.
A aett °: 1:K= Mrs, RRaren Flood for a request for a school zone ,F.ign cu
Lone Oak Ford near the Pilot Xnr') S.:hoot was referred to the Police Chief for
reccm tendation.:.
The V{1t.ag: Attorney presented the contract for Project #127»A colsisttgg
of sewer, watt"' and storm sewer improvements in miscellaneous areas. Upon wtioo
,
by Cc. Incilu tilln, .seconded Councilman Rydrych, all members voting yes, it
was R SOLVED that to contract sutmitted be approved and that the appropriate
Village officials Pigz the contract.
The Village Engineer then submitted the plans and specifications for
De p.oe11 Pursp No. 3, Improvement Project #112-A, Part 2-B and upon motion by
C-13,ncikai Smihh., seconded Councilan Rahn, it was RESOLVED that the plans and
e$ecif.'.':at .orls be approved end accepted and bids be advertised and opened on
November 26, 1973 at 3,-.00 Nu: a the Village Hall.
Upon motion by Counc Rahn, 'seconded Councilman Rydrych, all
members vot:Ln yea, it was RESOLVED—Chat'the plans and specifications for
Improvement Project #129 consisting of Utilities and streets in South Hills
1st Addition be accpeted and approved and that bids be advertised and accepted
on December 3, 1973 at 3:00 p.m. at the Village Ball.
Upon motion by Councilman: Rydrych, seconded Councilman Wachter, '.
members voting in favor it was RESOLVED that the bills as presented be appro,,sii
according to the following schedule: # 11'4 through # i1t ; # ITe through
# /7,1,1" ; # \\A\' through #
Upon motion duly made and seconded, the meeting adjourned at 1:00 p.m.
October 30, 1973
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