12/18/1973 - City Council Regular F
AGENDA
REGULAR MEETING OF COUNCIL
VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA
December 18, 1973
6:30 P.M. Council Meeting
1. Pledge of Allegiance
2. Approval of minutes.
3. Police Department business.
4. Fire Department business.
5. Utility Department business.
6. Park Committee business.
7. Building Permit applications.
a. Carvin Buzzell, application for a sign on Cliff and Cedar.
b. Renewal of temporary permit for John Bushnell for a temporary
building on South Robert Trail.
7:00
8. Public Hearing for Improvement #118, Wescott Road Street Improvement.
9. Public Hearing for Improvement #133, Sewer storm sewer and street
improvement to Rambling Roads in Section 14.
10. Public Hearing for Improvement #134, Elrene Road street improvement.
7:30
41/1 11. Application of Arno Troff for Final Plat approval of Maroni Addition
in Section 36. (Formal)
12. Application of Midwest Planning and Research representing Towns Edge
Properties, PUD concept approval of the Northwest quadrant, Highway
13 and Cedar Avenue. (Formal)
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13. Appearance of Unisource Forporation regarding an informal presentation
of over all land use concept for the 450 acres by Cliff, Rahn and `?�!�`
Blackhawk Roads. JJ
14. Application of Southland Corporation for a building permit for a
7-Eleven Store on Coachman Road and Yankee Doodle Road. (Continued)
(APC recommends approval.) (Formal)
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COUNCIL AGENDA, VILLAGE OF EAGAN page 2
15. Application of Marell, Inc. for PUD approval and Preliminary Plat
approval ih Section 27. (Formal)
16. Consideration of proposed amendment to the snowmobile ordinance #31.
17. Review of proposed revision to building ordinance #36.
18. Approval of correction of plat of Lexington Addition.
19. Review assessments and taxes on Village property.
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MINUTES OF REGULAR MEETING OF THE VILLAGE COUNCIL
VILLAGE OF EAGAN, MINNESOTA
December. 18, 1973
A regular meeting of the Village Council was held on December 18, 1973 at
6:30, psm. at the Village Hall. All members were present.
After the Pledge of Allegiance, upon motion duly made by Councilman Smith
seconded by Councilman Rahn, it was RESOLVED that the minutes of the Meetings of
December 4th and 11th of 1973 be approved. All members Voted aye.
The application of John Bushnell for renewal of a special use permit for. Ty.en
OZ a temporary commercial buildinu on his property at 4890 South Robert Trail
was reviewed, Upon motion by Councilman Smith, seconded Councilman Rydrych, all
members voting aye, it was RESOLVED that the special use permit be renewed for
oa year.
The request- of John Kelly to pay his 1974 liquor license fee in saw -a:inuel
installments was considered. Upon motion of Councilman Wachter, seconded by
Cou :oilmen Rahn, all members voting aye, it was RESOLVED that Mr. Kelly be allowed
to pay his 1974 liquor license fee in two installments because of extenuating
circumstances, this approval to be granted for 1974 only,..
Upon wtion by Councilman Smith, seconded by Councilman Wachter, all members
voting aye, it was RESOLVED that the following 1974 Non-intoxicating Malt Liquor
License renewals be approved:
The Airliner Motel Ralph La Mon is OFF -and .ON SALE
Spruce Motel Gary "G. Strus OFF SALE
Parkv boar Golf Club Raymond Rahn OFF.,and.ON SALE
Country Club Market OFF SALE
Pizza Hut of NV, inc. Gary Lee Johansen ON SALE
Supera;nerica OFF SALE
Robert 1.ce Restaurant Robert F. Lee ON SALE
Kelly's Halfway House John J. Kelly OFF SALE
We et End Fishing & Hunting Robert Kohout ON SALE ,
Police Chief DesLauriers appeared and requested that the Police Department
be allowed to issue gas to ambulances'in emergency situations. Upon motion of
Councilman Wa:.-hter, seconded by Councilman Rydrych, all members voting aye,,
it was PE$OLVED that the above request be approved.
The Police Chief notified the Council of the difficulty in locating apart-
ments in emergency situations because of the lack of house numbers being posted.
Upon motion of Councilman Rahn seconded by Councilman Wachter, all members
voting yea, it was RESOLVED that the Building Inspector be instructed to notify
apartment builders to post their house numbers as soon as possible.
Fr. Al Horrocks of the Fire Departnt requested the 1974 allocation for
Firemen's Relief Association. The Council informed him that this request would
bL approved when the bills were paid.
A member of the Fire Department appeared and requested a meeting with the
Council concerning Relief Association Board issues and an informal meeting was
set for Saturday morning of January 12.th with the Relief Association Board.
The Mayor then convened the public hearing concerning Improvement Project
#118 consisting of Wescott Road street improvements. Numerous neighboring owners
appeared objecting to the improvement and the proposed assessments. Repzesent_a-
fives of the proposed South Hills and a representative of Dreyfus Corporation
appeared favoring the upgrading including a 6 inch gravel road base. There was
concern by the Council about assessing street improvement where development is
not i.aminen_t. Upon motion by Mayor Poizin, seconded Councilman Rahn, the hearing
was closed and a decision on the improvement was delayed until later in the
meeting
The I.1ayor then convened the public hearing relating to Improvement Project
#133 consisting of storm sewer, sanitary sewer and street improvements in the
proposed Rambling Roads Addition in Section 14, North of Wescott Road and West
of Elrene Road. There were no objections to the project. There was a quastic:±
as to the storm sewer assessments on the proposed park land consisting of 18.4
acres of ttae 121 acres of the proposed development. The Council expressed concert'.
as to whether the village should issue its obligations for installation of
utilities in such an extensive development area. Upon motion by Councilman
Rydrych, seconded Councilman Wachter, all members voting yes, it was RESOLVED
that the hearing be closed and that the decision of the project be made later in
the meeting,
The Mayor then opened the hearing relating to Improvement Project #134
consisting of Elrene Road street improvements. Representatives of South Hills
and Dreyfus Corporation recommended the installation of Phase 1 of the project
only. There were no objections to the project. Upon motion by Councilman T1aeht`
seconded Councilman Rydrych, all members voting in favor, it was RESOLVED that
Phase 1 of the proposed project be ordered in and that the Village Engineer be
authorized to prepare plans and specifications and that a provision be inserted
in the development bond for each of the projects relating to an escrow acop 'x.t
for further upgrading of Elrene Road :.n tha future to provide that the developers
pay a proportionate share of the Phase II road improvements on Elrene Road. All
members voted yes.
Mr. Arnold Troff did not appear en behalf of his application fcr final plat
approval of Narani Addition in Section 36 and the matter was continued.
There was no appearance on behalf of the application of Towns Edge Properti.e>-
and Midwest Planning and Research for approval of the PUD concept at the North-
west corner of Highway #13 and Cedar Avenue. The AFC recommended denial. The
matter was stricken.
A representative of Unisource Corporation had contacted the Clerk and
reee seed a delay until the January meeting regarding informal presentation for
an overall land use concept for approximately 460 acres in the vicinity of Cliff,
Rahn and Blackhawk Roads.
Tuo representatives appeared on behalf of the application of Southland
Corporation for a building permit for a 7-Eleven Store East of Coachman Road on
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Yankee Doodle Road on land zoned C-2. The matter had been continued from a
previous meeting and the Planning Committee had recommended approval subject to
certain conditions. The Council reviewed the proposed landscape plan submitted
by neighboring owners and the applicant requested that the berms along Yankee
Dccdle Road be eliminated. There were questions as to excessive amount of
lights and use of two signs and certain neighbors requested a postponement again
for a greater in depth study. After considerable discussion, upon motion by
Councilman Rydrych, seconded Councilman Wachter, it was RESOLVED that the appli-
cation be approved with the understanding that there is no approval of the
number of signs or sign locations and that all recommendations of the APC be
included in the motion; further, that the berming along Yankee Doodle Road be
eliminated and that the applicant g=iant a 40' additional road easement along
Yankee Doodle Read for street purposes. All members voted in favor.
Mt. Kenneth Appelbaum appeared on behalf of the application of Piarell, Inc.
for PUD approval for a 36 acre single and double family development in the NEB'
of Section 27 at the Southeast corner of Highway #30 and Pilot Knob Road. The
Arc recommended approval of the PUD concept only with certain other recommen-
dations. The Council was concerned about the developer eying for the feasibility
study for utility improvements if the developer did determine not to go ahead
with the project. The project would include a 75' half right-of-way on Pilot
Knob Road and a 60' half right-of-way on Highway #30. The matter was continued
until the January 8th meeting.
The Mayor then distributed a recently prepared draft in the form of an
amendment to the proposed Snowmobile Ordinance #31. A large group of interested
eitizens appeared including representatives of the Park Committee and APC with
statements for and against certain portions of the snowmobile ordinance. There
was discussion as to whether ponding areas and all land owned or leased by the
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Village should be controlled under the ordinance. After lengthly discussion,
upon motion by Councilman Smith, seconded Councilman Rahn, it was RESOLVED that
the ordinance draft as submitted, copies of which were distributed to the
audience, be adopted with the addition of adding to Section 31.03, Subd. 4 a
subparagraph G to read as follows: "It shall be unlawful to operate a snowmobile
on any city street which has been posted by order of the City Council prohibiting
snowmobiles".
Councilman Wachter then moved to increase the distance under Section 31,03,
Subdivision 3 to provide that it is unlawful to operate a snowmobile within
300 feet of any designated play ara, etc. There was no second and the amendment
died.
Upon motion by Councilman Wachner, seconded Councilman Rydrych, it was
RESOLVED that Section 31.03, Subd. 5A be amended to provide that no snoomobiliag
be permitted after 10:00 p.m. on Sunday through Thursday nights of each week.
Those voting yes were Councilmen Wachter, Rydrych and Mayor Polzin, voting no
were Councilmen Smith and Rahn.
Councilman Smith then moved to amend the provision of the foregoing para-
graph for 10:00 to 12:00 p.m. on Sunday through Thursday nights. There was no
second and the amendment died.
Councilman Smith moved to amend the same provision to 11:00 p.m., Councilman
Rahn seconded, all members voting in favor except Councilman Wachter who voted
no. The amendment was adopted.
Mayor Polzin moved and Councilman Wachter seconded a motion to add the
following wording under Section 31.03, Subd. 4F to read as follows: "It shall be
unlawful to operate a snowmobile on any sidewalks in the City or on any
boulevards on City streets". All members voted in favor except Councilman Smith
and the amendment was adopted.
Councilman Smith then moved and Councilman Rahn seconded a motion to adopt
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the ordinance as amended. All members voted in favor and the amended ordinance
was adopted.
The Village Attorney then submitted a draft of a proposed amended ordinance
No. 36 consisting of the Building Code. It was noted that Ordinance #3 consisting
of the Building Ordinance 033 entitled Regulations Governing Heating, Ventilatin
and Mr Conditioning and Ordinance #24 regarding Plumbing would be repealed in
their entirety. Upon motion by Councilman Wachter, seconded Councilman Rahn,
all members voting in favor, it was RESOLVED that the amended Ordinance #36 be
adopted and ordered published but that consideration be given to permit the
home owner to do repair and remodeling work in his own residence.
Upon motion by Councilman Smith, seconded Councilman Wachter, all members
voting yea, it was RESOLVED that a revised plat of Lexington Addition to correct
some typographical errors be and it hereby is approved and ordered executed.
Mr. Jerry Iiagemeister and Mr. Ralph Wohlers appeared on behalf of the
application of Land Planning and Engineering Corporation for a on-sale liquor
license at 940 Yankee Doodle Road. The proposal would include a franchise steak
house with an 80 seat capacity. Several neighboring owners appeared and objected
to the application. After review of the regulations of February 22, 1973 the
Council determined to continue the matter and to refer the application to the
APC Committee for review as a special use permit request.
The Council then discussed a proposed abatement of special assessments
covering certain Village land including park and other land and the abatement
of real estate taxes on certain parcels. Mr. John O'Toole of the County Assesso%Is
office is working on abatement petitions for certain Village parcels. Upon
motion by Councilman Wachter, seconded Councilmen Rahn, all members voting in
favor, it was RESOLVED that the following special assessments be abated:
1. Carnelian Park water lateral assessment - Parcel 3269-A - $2,822.00
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2. DCR Pond on Beau d'Rue Drive storm sewer Assessment - Parcel 3256-F2
$1,314.99
3. Special assessments on the well-site property at pilot Knob Road and
Cliff Road y Parcel 3368-C - $1,252.67 & Parcel 3369-C - $5,703.80.
Upon motion by Councilman Smith, seconded Councilman Wachter, all members
voting in favor, it was RESOLVED that special assessments for 1973 on park
property according to the list attached to these minutes prepared by the Clerk
in the approximate amount of $5,390.23 be paid for 1973 only from general fund
and subsequent year's assessments be reviewed at a later time. Any interest and
psnalty which have accrued on these installments are to be abated if possible.
Upon motion by Councilman Smith, seconded Councilman Rydrych all members
voting in favor except Councilman Wachter, it was RESOLVED that a permit for stock
car ice racing on O'Leary Lake in Section 15 be granted to the Eagan Firemen's
Relief Association as a revised site from the original grant of permit to the
association for 1973-74.
Upon motion by Councilman Rahn, seconded P4ayor Polzin, all members voted yes,
it was RESOLVED that the final plat of Pilot Inob Heights 3rd Addition be approved
and ordered signed.
Upon motion by Councilman Smith, seconded Councilman Rahn, it was RESOLVED
that the permit for the installation of a culvert under the railroad right-ofway
at Northwestern Transportation Company in the area of the Alexander Gravel Pit
be and it hereby is ordered approved and signed.
The Clerk then submitted a request from Dakota County that a parcel of
property in Timberline Addition be classified as non-conservation forfeited land
by the Village Council. Upon motion by Councilman Smith, seconded Councilman
Rahn, all members voting in favor, it was RESOLVED that the request be approved
subject however to the determination of the exact meaning of non-conservation land.
Uion report by the Village Engineer and upon motion by Councilman Wachter,
seconded Councilman Rydrych, all members voting yea, it was RESOLVED that the
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streets in Lakeside Estates Addition be approved for snowplowing only and that
illthe improved streets in Hallandale Addition be approved and accepted for
permanent maintenance and snowplowing.
The Council briefly reviewed the motion of December llth to erect a barricade
on Cedarvale Drive in the area of the Texaco station at Cedar and Highway #13. No
further action was taken.
The Council then reviewed Improvement Project # 118 consisting of Wescott
Road improvements. Upon motion by Councilman Rahn, seconded Mayor Polzin, it
was RESOLVED that the project not be ordered in but that the Village require
a cash escrow or bond escrow to be incorporated in the development contract of
South Hills Addition and Rambling Roads Additions at the time of execution of
such development contract to compensate for the complete future improvements on
Wescott Road including base and blacktopping,
After review of Project #133 consisting of Rambling Roads utility and street
improvement, upon motion by Councilman Smith, seconded Councilman Rahn, all
members voting yes, it was RESOLVED that the decision on the project be continued
until such time as the developer determines which portion of the project is
requested and the development be expected to commence.
After considerable discussion, upon motion by Councilman Rydrych, seconded
Councilman Smith, all members voting yes, it was RESOLVED that developers
requesting feasibility studies where the developer rejects the project after
receiving the feasibility report, that such developer be required to pay the cost
of the feasibility study and reimburse the Village. Upon motion by Councilman
Rahn, seconded Councilman Rydrych, all members voting yes, it was RESOLVED
that the following Change Orders be approved:
A. Richard Knutson Construction Co. - sewer and water services to the liquor
store on Beau d'Rue Drive - $2,966.10 - Project #112-A, Part 1.
B. Water service laterals on Donald Avenue - $500.00 - Richard Knutson
Construction Co. - Project #112-A, Part 1.
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C. Richard Knutson Construction Co. - miscellaneous change order to drain
tha swamp on the West side of Cedar Avenue culverts and repair water
to i t lock $1;,42440 Project 112-A, Part 1.
Upon motion by Councilman Smith, seconded Councilman Rahn, all members voting
yes, it was RESOLVED that the Bills in the following sequence be ordered paid:
#139 through #151; #1853 through #1897; #11658 through #11724.
Upon motion duly made and seconded, it was RESOLVED that the meeting be
edjou aed at approximately 1:00 p.m.
December 18, 1973
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