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06/19/1973 - City Council Regular MINUTES OF RaG:TL: R nETING OF COUNCIL Ill VILLAGE OP EA N, DAFOTA COUNTY, MINNESOTA June 19, 1973 The regular meeting of the Council, Village of Eagan, Dakota County, Minnesota, was held at 7:00 P.T ., on June 19, 1973, at the Village Hall. All Council members were present. The meeting opened with the Pledge of Allegiance. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all s obers voting in favor the minutes of the previous meeting and the minutes o2 the minutes of the Board of Review meeting of June 13, 1973 were approved. Mayor Polzin read a proclamation signed by him concerning Independenaa Day proclaiming Wednesday, July 4th the day of honor in America. Chief Martin DesLauriers of the Police Department appeared concerning two resolutions relating to the Communications Systems Project for Dakota County. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the Village of Eagan be authorized to pny $1,152.54 to the Dakota County Board of Commissioners for the implementation of the Dakota County Law Enforcement Communication Systems project, according to the resolution attached to the minutes. Upon further motion by Councilman Smith, seconded by Councilman Rydryc3;, Ell members voting yea, it was RESOLVED to authorize Dakota County to be tilt Grantee for the Village of Eagan in regard to the Governor's Crime Commission grant for the Dakota County Law Enforcement Communications System Project, according to the resolution attached to the minutes., Bill Branch appeared on behalf of the Utilities Department, and indicated that the Burow buildings have now been demolished. Mr. Branch read a letter from the Village Engineer recommending a reduction in the development bond for Cedar Grove No. 7 from $247,050 to $24,000, 1 • pending completion of certain bonlevare. improvements. The recommendations were included in the letter dated June 19, 1973. upon motion by Councilman Rahn, seconded by Mayor Polzin, all mem' ere votins in favor, it was RESOLVED that the reduction above stated be granted according to the Village Engineer's letter. A meeting was scheduled for July 3, 1973 pd.or to the regular Council meeting at 6:30 P.M. to discuss the proposed taater treatment facility for the Village. The Engineer and W. Branch then discussed a proposed seal ee tip p-:ujact estimated at $22,:000 for Village streets. Upon motion by CoincUmen Rahn, seconded by Councilman Wachter, all members voting yes, it wes RESOLWID that the;Viflege Engineer prepare plans for the seal coating project and that bids' for the project be advertised and be submitted and opened en July 17, 1973 at 3:00 P.14. at the Village Hall. At 7:30 P.M. the Mayor then announced the convening of the public . hearing concerning street, sanitary sewer and water improvements in the Ccdervale Shopping Center area consisting of Improvement Project #105. Nu mero' a property owners in the area appeared and the Engineer explained the proposed proiact� Several owners objected to the improvements on Beau d'Rue Drive and the rate of the proposed assessments against their property for the improvements. Mx, try President of DCR Company, indicated that DCR did not petition for Beau d'Rue iptrading and the Engineer explained that if state aid funds were to be tied en Eenu d'Rue Drive that they must be 9 ton standards. At 8:10 P.M., upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting aye, it was RESOLVED that the hearing be continued to July 3, 1973 at 7:30 P.M. An informal meeting will be held at 5:00 P,M4 with the property owners on June 26th at the Village Hall. The Mayor then announced the c'nveninr of the public hearing concerning Nwprovement Project #115 consisting of sanitary sewer, water and storm sewer 2 improvements in Wilder Additions, There were no ob je t:?ons to the project. IIIUpon motion by Councilman Rahn, seconded by Councilman Wachter, it was RESOLVED that the hearing be closed and that the project be ordered in and the Village Engineer be authorized to prepare plans and specifications. Al? members voted ayG , Next, the Mayor announced the opening of the public hearing relating to Improvement Project #121 involving sanitary sewer, water and storm sewer improvements in Surrey Heights 4th & 5th Addition. There were no objections to tha proposal. Upon motion by Councilman Smith, seconded by Councilman Rahn, all ,embers voting yes, it was RESOLVED that the hearing be ordered closed a;td that the project be ordered in and that the Village Engineer be directed to prepare plans and specifications for the project. The Chairman next convened the public hearings concerning Assessment projects which were explained by the Assessment Clerk and Village Attorney; III Project No. Type of Improveurents Area 102 storm sewer Cedar Crowe No, 5 88, Part 2 sanitary sewer, water and storm sewer Oak Chase lot Addn, 95 If " It " " Timbershores 3rd Adcr, 98 " It " " " Timbershores 4th Addy 87 ft II " II " Surrey Hght 2nd A-ent 16 sanitary sewer and water Vogelpohl Aptataut2 63 " It " McCarthy Ridga nr dti., 35 It It " Section 19 & 30 54 sanitary sewer, water and storm sewer Cedar Crowe Nos, t, There were property owners that appeared in relation to some o the rr,sessment hearings but there were no objections to any assessment rolls; exc pt t'a.at Mr. Robert Doheny objected to the assessment on Lot 4, McCarthy Ridge Addition for the reason that he felt that the property con% not be built upon. After discussion, upon motion by Councilman Rahn, seconded by Counctn.tn Wachter, al?. members voting yes, it was RESOLVED that the foregoing assessment rolls be III and they hereby are adopted and the Clerk be authorized to certify the rolls to the County Auditor according to law. - 3 - The application of Rddon Corporation for a building permit for office and warehouse for Cedar Van Lines in Cedar Industrial Park was next considered. It was noted that the building permit had been issued at an earlier meeting subject to final approval of mechanical, landscaping plans, etc. A letter from Cedar Van Lines was read indicating that up to 16 trucks per day would be coming in and out of the property. It was determined that a Special Use permit subject to yearly review would be desirable. Upon motion by Councilman Rahn, seconded by Councilman Rydrych, all members voting yes, it was RESOLVED that the approval of the plans including landscaping plans be given and further that the EpeciaL_, Use permit be granted for the project for up to 20 trucks per day for the rensow that it appeared there would be a substantial amount of truck traffic in and out of the property subject to yearly review as to the Special Use permit. Review and action upon the Northern States Power Metro Rate Authority franchise and joint agreement was extended to the second meeting to July. Captain Larry Winchester of the Corps of Engineers appeared in response to a request that the proposed agreement between the Corps of Engineers and the Village of Eagan concerning grant of easements and payment in lieu of assessments for installation of utilities to serve the bulk mail facility. Captaiu Winchester indicated that the agreement would be prepared and submitted prior to the next regular Council meeting and that a letter would be submitted prior to Tuesday, June 20th from the Corps consenting to the easement and payment of the costs. Mr. Mayer and Mrs. Hines together with Mr. and Mrs. Erlandson appeared on behalf of the request of Mayer and Hines objecting to the stabling of a bc:se on the Erlandscn property near Pilot Knob Road and Lone Oak Road. There was a coylaint that the Er?.andson horse was creating a nuisance to the neighbors. The Erlandsohs indicated that the horse was not on their property permanently and .. 4 - m. that it was being stabled elsewhere. Dr. Erickson of Rosemount, the Ville;e Health Officer recommended the horses be kept 25' to 50' from any residences or well. The Erlandsons agreed to move their fence to provide that it be 37' from neighboring property lines and to keep their area clean. Upon motion by Councilman Smith, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that one 3.2 beer license for the Eagan Jaycees be authorized for July 3rd and 4th, 1973. The Village Attorney submitted development contracts from Cedar Grove No. 9 and 11 and recommended their approval. Upon motion by Councilman Rzhn, seconded by Councilman Rydrych, all members voting aye, it was RESOLVED that the development contracts for Cedar Grove No. 9 and 11 be and they hereby are approved and ordered executed. Mr. Fred Katter and Ken Appelbaum appeared on behalf of the application of Creative Housing, Inc. for final plat approval of Donnybrook Addition. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting aye, it was RESOLVED that the final plat be and it hereby is approved and ordered s igfed. Messrs. Katter and Appelbaum also appeared on behalf of the request of Creative Housing, Inc. with a petition to reschedule the vacation hearing for Jurdy Road due to an error in the description presented by the developer when the vacation proceedings and hearing took place earlier in the year. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, the hearing was reset for July 17, 1973 at 7:30 P.M. The Village Engineer submitted a preliminary report concerning water, sewer and storm sewer extensions to Donnywood Addition and the LeMay L& Aka consisting of Improvement Project #113. Upon motion by Councilman Wachter, seconded by Councilman Smith, all members voting yes, it was RESOLVED that the 5 preliminary report be and it hereby is accepted and that a public hearing be scheduled .for July 3, 1973 at 7:30 P.M. at the Village Hall. The Village Engineer next presented a preliminary report on street improvements on Blackhawk Road and Kennebec Drive consisting of Improvement Project #111. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting yea, it was RESOLVED that the preliminary report be and it hereby is accepted and approved and that a public hearing be scheduled for July 17, 1973 at 7:30 P.M, at the Village Hall„ The Village Engineer then submitted the plans and specifications for Improvement Project #110B consisting of street improvements for LeTendre and Donald Avenue and Kennebec Drive extension and Blackhawk Road extension. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the plans and specifications be and they hereby are approved and that the Village Clerk be authorized to advertize for bids t>a be opened on July 24, 1973 at 3:00 P.M. at the Village Hall. The Council then discussed the need for requiring an easement from the Elwell family on the West side of the railraod right-of-way near the Minnesota River for Project #110. The Engineer was directed to pursue the acquisition of the necessary easements for storm sewer purposes. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting yes, it was RESOLVED that the Clerk-be authorized to acquire costs and to proceed with improvements in the meeting room at the Village Hall as designated, Upon motion by Councilman Smith, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the request of Christ Lutheran Chm.ch on County Road #30 for the erection of five (5) free standing signs 20 inches by 30 inches each at the following intersections, be and they hereby are arpro-red - 6 - • Cedar Avenue and Highway #30, Highway #30 and Rahn Road, Highway #30 and illIII Blackhawk Road, Highway #30 and Pilot. Knob Road, and al: Cliff Road and Blackhawk Road. The Council then reviewed the acquisition of Lexington Avenue easements and discussed the precedent that would be involved if a waiver in the policy of the repayment of right-of-way cost granted to certain property owners on County roads when such property is developed for a different use. The Council determined that there should be no change in policy. The Village Attorney was asked to check into a tornado alert system and report back to the Council. Upon motion by Councilman Rahn, seconded by Councilman Rydrych, all members voting yes, it was RESOLVED that the Plan Use Report for the Federal Revenue Sharing that was submitted by the Village Clerk be and it hereby is approved and ordered signed. Upon motion by Mayor Polzin, seconded by Councilman Wachter, all members voting yea, it was RESOLVED that to authorize payment by the Clerk for 1970 temporary bond issue to pay the 1979 temporary bond issue with refunding bonds and other funds. A petition from WY00 and WRAH Radio • Fairchild Minnesota, Inc. for water service be extended to their property South of Cliff Road was upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, referred to the Village Engineer for study and report. A report from the Village of Apple Valley concerning their comprehensive storm sewer plan was accepted by the Village for review. Upon motion by Councilman Rahn, seconded by Mayer Polz .n, all mer_bers voting yes, it was RESOLVED that the final payment to John Ames Excavating Company for Improvement Project #92 consisting of street improvement on Johnny Caka Ridge Road in the sum of $3,127.50 was approved. - 7 - The Village Attorney then submitted a proposed purchase agreement that had been signed by the William Sell family concerning a 40 acre parcel for park purposes South of Blackhawk Road, The Village Attorney indicated that he planned to talk with HUD concerning funding according to the proposed agreement. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting yes, it was RESOLVED that the purchase agreement be and it hereby is approved and ordered signed by the appropriate officials, The Village Attorney then submitted the final draft of the Union contrert- with Teamsters Local #320 for the utility employees which has now been signed by the Union representatives, Upon motion by Mayor Polzin, seconded by Councilman Smith, all members voting yes, it was RESOLVED that the contract be and it hereby is approved and ordered signed by the appropriate officials. Upon motion by Councilman Smith, seconded by Councilman Wachter, all members voting yea, it was RESOLVED that the following bills according to the vouchers be and they hereby are approved: Warrant No. 45-51, 1302-1344, 10745- 10815. Upon motion the meeting adjourned at 12:00 P.M. Dated; June 19, 1973 1_hE , _ Alyce Bolke, Village Clerk Village of Eagan, Dakota County Minnesota, • 8 -