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03/06/1973 - City Council RegularAGENDA REGULAR MEETING OF COUNCIL VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA 7:00 P,M.--------March 6, 1973 1. Pledge of Allegiance. 2, Approval of minutes of previous meeting. 3. Police Department business. a. Consider Proposed Joint Law Enforcement Council Agreement. b. Review policy concerning location of signs for traffic on Village meas. 4. Fire Department business. 5. t3tility Department business. 6. Park Committee business. a. Proposed acquisition of William Sell property. 7. Building permit application. 8. Consideration of Liquor License Applications in Eagan, {Informal) 9. ?: 30 P. M. Public Hearing on the Preliminary Report covering Improvement Project No. 112 consisting of Utility Improvements in Cedar Grave Nos. 9, 11, and 12. {Formal) 10. 7:30 P. M. Public Hearing on the Preliminary Report concerning Improvement Project No. 91 consisting of Utility Improvements for Eagan on the Green Development near Rahn Road. (Formal) 11. 7:30 P. M. Public Hearing on the application of Arnold Carlson for rezoning of the NW 1/4 of Section 2? from A-1, Agricultural to R-1, Residential Multiple. (Formal) 12. Continued Hearing on Utility Improvements for Improvement Project No. 104 relating to the Bulk Mail Facility on Lexington Avenue. (Formal) 13. Application of Rauenhorst Corporation for a building permit for an Industrial Building 9b'8" X 136' in the amount of $105,000.00 for Transilwrap Company, Inc., Minneapolis, Minnesota. {APC recommends approval) {Formal) -r-~. AGENDA-VILLAGE OF EAGAN page 2 14. Application of Roadway Express for Special Use Permit for trucking facility at Northeast corner of Gemini Road and Lexington Avenue. (APC recommends approval) {Formal) 15. Application of Ken Appelbaum for division of lots in LeTendre Addition and variances including rear lot line of 2 feet for existing building. (Set hearing for Board of Appeals) (Formal) 16. Application of Fred Katter, Creative Housing Inc., fora Planned Unit Development Plan on Jurdy Road in Section 10 and Preliminary Plan Approval. (APC recommends approval) (Formal) 17. Application of Pilot Knob Properties for a 8uildinq Permit for an 8 unit condominium at 1345 Crestridge Lane. {APC recommends approval) {Formal) 18. Petition of Pilot Knob Properties for Utility I~aprovements from Koletad Road West along the North side of Crestridge Lane. (Informal) 19. Application of James Frisbee for Preliminary Plat Approval and Rezoning of Oak Chase 2nd Addition. {Set Public Hearing for April 3, 1973 at 7:30 P. M.) {Formal) MI~NTES QP REGULAR IMEFTING OF EAGA~ CaUNC~L vYLLAGE QP EAGAN, DAKOTA CQUNTY, ~~NNESOTA March 6, 19T3 A regulaz meeting of the Council, v~,llage of Eagan, Dakota County, Mi~-nesota, was held at 7:C0 P.M,, March b, 1873, at the village Hall, A11 Council membezs were present. Mayor Polzin convened the meeting w~,th the Pledge of Allegiance, tlpor~ u~otian by Councilman Wachter, ~ec~Onded by Councilman Smith, all rsembers voting aye, the minutes of the previous meeting were approved es distributed. Police Chief r~tartin DesLauriers introduced Mr. Lauig Jeska rho had recently bees hired as a part-time policeman far Eagan, Mr. DesLauriers reconsnended approval of the Joint Law Enforcement Council Agreement that had been dist~cibuted at the last meeting. No action ~~as taken on the matter and it ~4~as set o~rer to Che t~arcb ~Cth meeting. Chief DesLauriera stated that he had a rGp~,y to his request to the Minnesota Highway Department concerning the surface of the intersection area z~f Highways S5 and 49, The highway Department spokesman indicated :hat the akid problem is .not excess~,ve and no changes were intended to be made at the n?"BSP.nt time.. The Police Chief read a letter from %lrs I~en And®rson concerning an a~n~aer flashing light at i~ighway 31 And Lane Oak ~aAd. '~ pol~,ca Chief recotn» mended the installation of an amber flashing light at thaC intersezti~oa and also at Cedar Avenue and Cliff Road.. ~n the former case, the County ~~a~,ll i~a;: ?,1 the l~ ght a~. its cost and Eagan would pay the seven 07.00) dol~.ar moathiy pUw~~. costo Upon motion by Councixntan Smith, seconded by Councilman Wachter, ~.t was ~:ESULVED that the vi~.lage enter into the agreement u~ith the County to instill the !~,ght at Highway 3l and Lone oak Road under the above conditions and further that a f lashing amber light be iasta:ll~d at Cliff Road anc~ Cedar Avenue under the same conditi©ns. Mrs. Carolyn Thurston appeared on behalf of the Park Committee and recommended that the ~~liiliam Se11 property be purchased according to the terms that had been recommended by the Park Committee. Upon motion by Councilman Rydrych, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the purchase agreement submitted by the Village Attorney concerning the William Sell property be and it hereby is approved and ordered executed. Mrs. Thurston discussed the need for additional financing for acquisition and development of parks in future months. She recommended the issuance of Four hundred thousand ($400,000.00) dollars of the remaining balance of the authorized park bond issue. Upon motion by Mayor Pol~in, seconded by Councilman Rahn, all, members voting in favor, it was AUThORIZED that the Village sell the Four hundred thousand ($400,000.00) dollar remaining park bonds to be coordinated ~oith the sale of other bond issues for the Village of Eagan of 1973. The Village Council recommended that Dale Peterson inspect the Burot~ u:il.dings on the Burow property being acquired by the Village and make a recommendation on their disposition, Mrs. Thurston recommended that bids be adver4ised for playground equipment prior to April ]., 1973. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it was RESGLVED that the Clerk be authorized to advertise for bids for playground equipment which bids would be open on March 2a, 1973 at 2;00 P.M. at the Village Fall. Mr. C,Jilliam Branch appeared on behalf of the Utilities Department and recommended that the Engineer submit plans for an additional well in the Village. Upon motion by Councilman Wachter, seconded by Councilman Rydrych, all members voting in favor, it was RESOLVED the following sign permits be issued; .~» A. Lawrence Signs, for a sign outside Cedarvale Shopping Center :for Minnesota Federal between the Applebaums and Robert Drug Signs. B. Shell Oil Company on the Shell property on Cedar Avenue for a double sided sign indicating free car washes. This permit was granted subject to the building inspectors determining conditions as to the exact locations of the sign. The Village Engineer opened the Hearing on the preliminary report relating to Improvement Project 112, consisting of Utility Improvements in Cedar Grove #9, ,~11 and X12. There were no objections on the project. Upan motion by Councilman Phan, seconded by CouncilmanT~achter, all members voting in favor, it was RESOLVED that the Project 112 be ordered in and the Village Engineer be authorized to prepare plans and specifications.. The Mayor then requested the Village Engineer to open the public Hearing on the preliminary report concerning Praject 91 consisting of utility improvements for Eagan~on-the•Green Development near Rahn Road. There T~ere no objections to the improvements. Upon motion by Councilman Smith, seconded by `~a~incilman Rahn, all members voting ate, it was RESOLVED that the Improvement ~'ruject 91 be ordered in and that the Village Engineer be authorized to prepare ~~lans and specifications. Mr, Arnold Carlson appeared on behalf of his application to rezone the N~1 1/4 of Section 27 fxom A-1, Agricultural to R•1, Residential. There were no ci?jections to the application and the public hearing was then closed. It was noted that approximately 16 acres of park dedication would be granted to the V3.llage including lane pxoperty, The area would include about 280 sin;le family lots, Upon motion by Councilman ~~achter, seconded by Councilman Rydrych, all members voting aye, it was RESOLVED that the park land be dedicated according to the plan approved by the park committee and that the application for rezoning be approved, -3• Upon motion duly Made and seconded it was RESOLVED that the Hearing on the utility improvements for Improvement Project 104 relating to the built mail facility on Lexington Avenue be continued to March 20th at 7; 30 F.F~I, The Council then reviewed the application for On-Sale liquor license as follows: 1. Mr, Juliuil Irlatlinsky who appeared on behalf of his application for On•sale liquor license on Silver Bell Road adjacent to the PDQ Food store on a parcel of approximate~.y one acre. The building would consist of a 4,000 square foot building. It Jas noted that there ~~ere single family homes across the street from the proposed locations and residential apartments also adjacent. No action etas taken and Tyr, Matlinsky was requested to contact the single family residential neighbors concerning the proposal and report back to the March lath meeting.., There appeared to be no objection to the proposal, but contact with the neighbors and further plans crate requested of the applicant, Z, Application of the Tennis Club, Inc. on Pilot Knob Road. The applicant requested a waiver of food•liquor ratio. The application wail tabled because no plans or application for building permit had beer submitted td the Council or Planning Cacmnission~ The following ~ff~sale applications c~rere reviec;~ed by the Council: 1, The application of Erickson and Fere~ was tabled until the determination as to the site is arade by the applicant. 2. The application of DCR Company for approximately 1840 square feet in Cedarvale Shopping Center with basement. The Council members discussed the policy adapted by the Council at its meeting on February 20th regarding one Off•sale license in the Cedar Avenue/Highway 13 area and another license in the northerly portion of the Village. After considerable discussion by Mayor Polzin, seconded by Councilman ~~aachter, all members voting in favor, it was RESOLVED that the application of DCR Company for Off-sale liquor license in the Cedarvale Shopping Center pursuant to application be and it hereby is +sr,nrntrar~ _ ~ ~# ~ 3. Application of ,~~ E, Parranto far license located near Highway 13 and Silver Bell Road according to the application. The Council again discussed the policy of one license in that general area. Upon motion by Councilman Smith, seconded by Councilman Rahn, three members voting in favor it teas RESOLVED that the application of J. E. Parranto far Off•sale liquor license at the location requested in the application be and it hereby is approved t~rith the understanding that no additional Off•sale licenses be granted in that area under present policy, Those in favor were Councilmen Smith, Rahn and tlayor Polz~n; those opposed Councilmen Wachter and Rydrych, The application of Rauenhorst Corporation for a building permit for Transilwrap, a manufacturer of storage and manufacturing facilities for rolled plastics, on Lot l2 and the East 1/2 of Lot 1~, dock 2, Eagandale Industrial Park consisting of a One hundred five thousand ($145,000.00) dollar building was next presented. It was noted that the APC recommended approval subject to certain conditions. Upon motion by Mayor Polzin, seconded by Councilman Rahn, it was RESOLVED that the application be approved subject to the Engineer's and Building Inspectors approval and further, subject to the conditions specified by the Planning Commission. Councilman t~~achtex refrained from voting. All other members were in favor. The application of Roadway Express for special use permit for trucking facilities at the NE corner of Gemini Road and Lexington Avenue was continued under the March 20th meeting. ter. Fred utter appeared on behalf of the application of ;~enneth Appelbaum for a division of lots in LeTendre Addition and variances including rear lot line of two feet for existing building.. Upon motion by Councilman ~~~achter, seconded by Councilman Rahn, all members voting in favor, it eras RESOLVED that the application for variances be submitted to the Board of Adjustments and Appeals meeting to be held at 6:30 P.M, on March 20th at the Village Hal l r 5 -~.. Mr. Fred batter then appeared on behalf of the application of Creative Housing, Inc. for approval of a planned unit development plan on Jurdy Road in Section 10 and preliminary plan approval. It was noted that the APC recommended approval with certain conditions. r~Ir. Dave Ohde also appeared and discussed the proposal ~Jith the Council. T~tumerous neighbors appeared, some of whom objected to aspects of the proposal, The developer would dedicate 4.4 acres for park purposes and ,7 acres for green~~~ay. Phase ~ on the Easterly portion of the property tirould be developed first c;ith 29 single family residences and ~ biplexes and Phase ? t~~ould be developed after Phase I is complete frith a like number of single family and biplex units. There was discussion conce~•ning the possibility of a controlled outflow to LeT~Iay Lake from the retaining pond and certain residents ~~~ere concerned about the holding pond and the marshiness of the area for park purposes. The estimated cost of the homes would be in the area of Thirty-five thousand ($35,000.00) dollar~•base price for single family and $2b,000 to $2,000 for biple~~es, The Village Engineer indicated that certain utility easements would be needed to serve property to the t~dest and the North. After consicerable discussion, upon motion by Councilman j~~achter, seconded by Councilman Smith, all members voting aye, it crag RESOLVED that the application be deferred to the Larch 20th meeting during ~rhich time the Park Committee was xequested to reconsider the proposed dedication of park and greenway; it c~~as further requested that the extension of Jurdy Road to the East line of the applicants property be reviec~~ed it being understood that the road had been opened in approximately 1950 and had been maintained by the Village since that time, x~~r. Jerome Hagemeister and Mr. Ralph t~~ohlers appeared on behalf of the application of Pilot Y,nob Properties for building permit for one ~ unit condominium at 1345 Crestride Lane. The APC recommended approval for the permit of the one building only, A letter from i~enneth Appelbaum concerning .~. the road nn the North line of the property ti~ras reviewed by the Council. The applicant indicated the the density of the area brill be reduced according to the present proposal from 311 units to 731 wf.th ~~ units proposed in Phase I where the building permit is requested. The concern about the location of Birch Street and the conservation of trees and the need for an 80 foot right- of•way was discussed, There was no decision concern~.ng the road on the I~torth side and upon motion by Councilman t-~achter, seconded by Councilman rydrych, it eras RESOLVED that the building pexmit application only be approved subject to the Village Engineer's and Village Building Inspector's approval, A11 members voted in favor. The location and width of the street will be reviewed at a later time, Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting aye, it eras PtiEaOLVED that the petition far sanitary sewer and water laterals of Pilot Knob Properties from ~~olstad Road-westerly along the North side of Crestridge Lane was accepted and submitted to the Village Engineer for study and submission of preliminary report. Mr. games Frisbee appeared on behalf of the application of Timberline Development Corporation for preliminary plat approval and rezoning fxom A, Agricultural to R~1, Single Family, of Oak Chase end Addition, North of Cliff Road, Upon motion by Councilman Rahn, seconded by Councilman t~l~achter, alb, members voting in favor, ft was RESOLVED that a public hearing concerning the application for preliminary plat approval and rezoning be scheduled for April 3, 197 at 7:30 P,T~1, at the Pillage Hall, the Village Cler1; submitted a request from the County Engineer to reimburse Mr. Ronald Revolinstti for utility and building permit fees to the lvt sold by Mr, Revolf.nsl:i to the County of Dakota, an Pilot :nob Road in Country Home Kefghts Addition in the suns of $700,40, Upon motion by I~iayor .. 7 . Polzin, seconded by Councilman Rahn, all member°s voting aye, it was F~SOLVED that the area assessment and fees be returnee. to I1Ix, Revolinski covering Lot ~, Block S, Country Home Heights. A letter from Antler Corporation requesting a one year time Limit be agreed to by the Village ~~~uring which time the Eagan Park Committee ~~rauld determine ~rhether to keep the cash donation or to request a donation of land for park purposes on the Angler Corporation development North of Yankee Doodle Road The matter was referred to the park Committee, The Village Cleric was instructed to prepare a proposal regarding renting the Eagan T~Tater Tourer in Cedar Grove to l~renel pluimbing and Heating Co. which would provide that it not be exclusive and on a year-to-year basis subject to termination. The Council discussed the request of the Metropolitan Setiaer Board to submit SAC to the Board anti the implications of withholding payment sirsilar to other municipalities in the area. No decision was made and further study of the matter was requested of the Engineer and the Village Attorney. After discuss~.on, and upon motion by Councilman Wachter, seconded by Mayor Polzin, all members voting in favor, it eras RESOLVED that the Eagan Village Council be on record oppos~,ng an elected T~Ietropolitan Council. ~~Iem'~er Smith abstained from the voting. All other members voted in favor. The Village Engineer presented plans for sewer, water and storm sec~rer for Project 11" A Part ~., consisting of the Eagan-on-the-Green and Cedar Grove ~9 and ~~11, Upon motion by Mayor Polzin, seconded by Councilman "math, it was RE50LVED that the Cleric be authorized to advertise for bids for the project to be opened on April 9, 1973 at 3:00 P.TY1. at the Village Hall. Upon motion uy Councilman Rahn, seconded by Councilman I~lachter, all members voting in favor, it was RESOLVER that the plans and specifications covering deep well ~~3, consisting of Improvement Project 11,2 A Part ?. A, w S •~ submitted by the Village Engineer be and they hereby are accepted and approved and that bids be advertised to be opened on April 9, 1973 at 3:00 P.M. at the Village Hall. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the bills presented to the Village as follows be ordered paid: Warrant Os 21 and 22; 1042 through 1000; 10279 through 10350. Upon motion the meeting adjourned. Dated: March 6, 1973 � Grp. Alyce olke, Village Clerk