03/20/1973 - City Council RegularAGENDA
REGULAR MEETING OF COUNCIL
VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA
6:30 P.M.--------March 20, 1973
6:30 Board of Appeals and Adjustments
1. Application of Ken Appelbaum for division of lots in LeTendre
Addition and variances including rear lot line of 2 feet
for existing building.
2. Application of K. N. Westman, Allied Enterprises, Inc.,
for variance of Ordinance 6 and approval for a division of
Lot 7, Block 8, Country Home Heights.
7:00 Council Meeting
1. Pledge of Allegiance.
2. Approval of minutes of previous meeting.
3. Police Department business.
a. Consider Proposed Joint Law Enforcement Council Agreement.
4. Fire Department business.
5. Utility Department business.
6. Park Committee business.
7. Building permit application.
8. Consideration of Liquor License Applications in Eagan. (Informal)
9. 7:30 P. M. Public Hearing on the Preliminary Report concerning
Improvement Project No. 110, water, sewer and street improvement,
Robert Karatz and LeTendre Additions. (Formal)
10. 7:30 P.M. Continued Hearing on the Preliminary Report on Project
1008, Street Improvements for Random Road and Rita Court. {Formal)
11. 7:30 P. M. Continued Hearing on Utility Improvements for Improvement
Project No. 104 relating to the Bulk Mail Facility on Lexington
Avenue. (Formal)
12. Application of Roadway Express for Special Use Permit for trucking
facility at Northeast corner of Gemini Road and Lexington Avenue.
(APC recommends approval) (Formal)
13. Application of Fred Katter, Creative Housing Inc., for a Planned
Unit Development Plan on Jurdy Road in Section 10 and Preliminary Plan
Approval. (APC recommends approval) (Formal)
14. Application of Ken Appelbaum for division of lots in LeTendre
Addition and variances including rear lot line of 2 feet for existing
building. (Formal)
15. Application of Russell Headley, Univac for a Building Permit for an
office and engineering laboratory facilities in Section 9 for
Sperry Rand Corporation. (APC recommends approval) (Forma.)
16. Application of K. N. Westman, Allied Enterprises, Inc., for
variance of Ordinance 6 and approval for a division of Lot 7
Block 8, Country Home Heights. (Formal)
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AGENDA-VILLAGE OF EAGAN COUNCIL MEETING PAGE 2
17. Consideration of Priorities for future Hi hwa Construction
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1~; Recommendations of Village Accountant concerning Metro Sewer
Coard SAC charges. (Informal)
lg~ Review proposals from Insurance Agents concerning Employees
variable annuity wage plans. (Informal)
MINt1'.!~5 OF 1~GULAR . ~ETxIVG OF COUNC?'L
VILIrAGE OF Er1"r"~~1, D~~KOTA GGUA3TY, MY1~~L~OTA
March 20, 1973
At b;30 p.M. Mayor Polzin announced the convening of the first roeetin$
of the Eagan Board of Appeals and ,Adjustments, Those present were Herbert Polz3,n,
Ted Wachter, Arthur Rahn, tlilliam ~ydrych, John Marble and Charles Hall.
rir. Kenneth Appelbaum appeared on behalf of his application for variance
for the division of certain lots in LeTendre Addition including division of three
lots into seven buildable parcels and variance from 85 to 82a foot front yaxd
widths. After discussion and upon motion by Board Member Marb~~,e, seconded by
Board Member Rydrych, all members voting in favor, it was RECO~i~ND~ trot the
application for variances as described above be recommended for approval to the
Council with the understanding that the applicant file proper descriptions for
new parcels with the Village Clerk.
The application of If. N. W~estman, of Allied Interprises, Inc, for a
variance under Ordinance ~~b providing for a division of Lot 7, Block 8 in Country
Hume Heights Addition was next considered* The division wo«ld provide for 90
foot frontage fox each parcel Upon motion by Board Member Wachter, seconded by
Board Momber Rahn, all members voting in favor, it was RECOt~~:VDED that the
variance perr~it for two single family residences on the above lot be granted
according to the plans submitted, but that water and sewer services for the
additional parcel be reviewed.. Further, it was understood by the Board t~iat
tl~ere are private restrictions on the property in Country Home Heights possibly
r~g~al.~ting construction of more than one house per lot which the applicant was
requested to review
The regular meeting of the Council, Village of Eagan, Dakota County,
Mirnesota was held on March 20, 1973 at 7;00 P.M. at the Village Hall. All
mE~bers were present, The meeting opened with the Pledge of Allegiance.
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Upon motion by C:~uncilman R~~c~r~Tch, seconded by Councilman Smith, ill
~ember~ vv~tatn ~,~ farao~, ~.t was RESOLVED ttxai: the mznutes o~' the Mar4h 6, 1973
meeting be, and they hereby are, approved as distributed.
Police Chief r~~artin DesLauriers appeared on behalf of the Eagan police
Department and requested that the proposed Joint Law Enforcement Council Agreement
be deferred for review until a later ~aeeting.
Chief DesLauriers indicated the follow~,ng bids were submitted for a new
squad car from the following; Allen Dodge cif Savage, 1973 DR41 Dodge, $2,314~t1C;
t~estdale Ford of Minnetonka, 1973 Town Custom 500 sedan, $2,~77~4A; Civic Center
Ca~ysler-Plymouth of St. Paul, 1973 Fury 4 door, $2,350,40.
He recorrnxtended that the low bid of Allen Dodge of $2, 31.4. QO be approved
and upon motion by Councilman Rahn, seconded by Councilman F-ydrych, all members
vcating ;lea, it was RLS4L~IED that such low bid be, and it ~~creby is, accepted
which includes a trade-in on a 1912 police vehicle
Chief DesLauriers recommended that the Minnesota ~l~.ght~ay Department
conduct a speed survey on Silver Be11 Road between 8lackhaw~k Road ard. Highway ~~13
and on Silver Bell Road between Highway 13 and Cedar Avenue and ~~ecommpnded that
thw based limit be set at 30 P~PH, Upon motion by Councilman Rahn, seconded by
C;-t:ncilm~n Wachter, all members voting is favor, it was RESOLVED than such revue;: t:
fir a speed survey be forwarded to the Minnesota Highway Department by ~:he C1e:~~'~.,
The Council spent some time discussing the proposed street sign policy
ir~^ lud ing warning signs and traffic signs and it was recommended that such signs
be located only on collector and through streets but that the Council autk~orize
tho erection of such signs in the future, Upon motion by Councilman F,ydrych,
secoi~~°d by Councilman Wachter, ail members voting in favor, it was RESOLVED tl?at
t~.pon the Police Chief's recommendation that a traffic sign be erected on saood~.ark
LaYi° d
Chief DesLauriers also recommended that a port~.on of the Minnesota
Insurance Commissioner's distribution of liability insurance premiums be used to
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upuate and i~~crease the dis~.bility berc~f its for this members of the Police Depart-
ment and that the balance of the money ba u~sc~c3 for equinme:tt ar~i personnel by the
Police Department. No final action was taken,
Mr. Branch appeared on bEhalf of the Utilities Department and reco~•.
mended that a steam fenny in an approximate amount of $1,104,00 be purchased by
the Village. Upon motion by ~~yor Polzin, seconded by Councilman ~rlachter, a~.l
members voting in favor, it was RESOLVED that the recommendation be approved but
that Mr, branch attempt to explore any additional suppliers for such a unit a:?d
get bids if there are other suppliers.
Upon recommendation by Mr. Stanch, upon motion by Councilman Rahn,
seconded by Councilman Smith, alI members voting aye, it w,~s RESOLVED, that :~i~~re
empl.oyaes of the Utilities Department be permitted to att;nd the University of
M~.nnesota water & Sewer License school and that funds be a~~thorixed for this
purpose.
The Village Engineer was reque$ted to review the need to repair the
service raced along Cedar Avenue and the service road on County Road ~0 in Cedar
~~ove with the possibility of street impxavemenks on those two ser~~ice rosd~,
~,t y;34 P~P~, the ~~ayor convened the Public Hearing conc~:r:~in~ tae
~~~r.:l.imir,~ry Report relating tv Improveaent Project #11O, consisting or water,
a:~N°er, storm sewer and street improvements is Robert Karatx prod LeTendre Addi.~.i:.?..,~,
i~~~~~rous property owners in the area appeared and voiced ob~iect~.ons to the str~:~::t
f.~:~rssmants being assessed on Ronald Avenue at the present time and reque~~~c~
that tcte $txeet assessments be deferred comparable to the deferred water ant
s.=.~,~~r aes~ssnents levied in the area at an earler time. The AsWessL~ent Cvm~a~i.tl. e
had i~~ c~efi.~nded that street improvements be assessed at tb~e t:~ma the ~aor~c was
c.~~pleted, After considerable discussion, and upon motion by Counci].mam Rydr~rc:~,
seconded By Councilman Wachter, all wembers voting in favor, it was ~~~SU~~~t1ED
t~Yat the streot assessments on Donald Avenue for the sing~.e family ices where
~:i~sre are ex~.st~:~g homes that border on both streets be deferred under the sa~±e
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st:~pulatinns for deferment of water and sewer assessments levied earlier by the
Village including division of the lots cr issuance of building pearoait~ and #urther
understood that interest would xua oa the parcels back from the tip o€ ~~ie
oz°ig3nal assessment.
Mr, Lawrence Elwell, Jr, appeared on 6ehelf of awnere of property
df,rectly North of the Chicago Northwestern Railroad right•o€-way, express~.ng
concern that the storm drainage from the Le~endre area would dump into a clear
lake owned by the Elwell family. The Council requested that Mr, Elwell consult
w~.th the village Engineer to attempt to work out a solution of this issue. Upon
~~.otion by Counc~,lman Rahn, seconded by Councilman Smith, it was RESOLVED that
trQ Project X110 be ordered in end that the Engineer be authorized to prepare
plans and specifications to be submitted to the Council. Those voting fn favor;
Mayor Polzin, Councilmen Rahn, Smith, and t~dachter. Councilman Rydrych abstained,
The Mayor then convened the Kearing concerning ~';:eliminary Project
~~1U4 B consisting of street improvement on Random Road and Rita Court, It was
noted that there were nA apgearances concerning this continued hear~.ng from an
earlier Council meeting There were no objections to the projECt. Upon moCion
bar Cp~~ncilman Smith, seconded by Councilman t~lachter, all members vr.~:ing in favor=
it cans RESOLVED, that Project X100 B be ordered in and the Village Engineer be
aethorized to proceed with. the project.
The Mayor then convened the continued Hearing oa Utility Project ~~104
relating tv the bulk mail facility on Lexington Avenue There were :zo appearaacr
from representatives of the Corps of Engineers or PoBC Qf€~,ce Department.. The
Village Engineer indicated that he and the Village Attorney h~I met with Corps
of Eng:z~eers officials on T~arch l6, 1973 and reached a general underst$nding as
to grant of easements, payment for installation of utilities, etc, but that a
foal agreement had not been submitted by the Corps as yet for Council review.
The Engineer recommended the Council approve and order in the Project and
a~:thorize the advertising of bids. Upon motion by Mayor Polzin, seconded by
1. '7 M
Cou~zcilman Rahn, ~,t was RESOLVED as follows: that improvement Project X104 be,
and it hereby is, ordered in; that the Village Cleriz be authorized to advertise
fox bids far the project to be received and opened on April ~4, 1973 at 3;00 P.M,
at the V~.llage Hall; that the plans and specifications as prepared by the Village
Engineer be, and they hereby ark approved; and further that the Village Engineer
be authorized to prepare a prFliminary study for improvements on Lexington Avet,.~e
between Yankee Doodle Road and Lone Oak Road which impro~,~ements will be instaaled
by Dakota County; it was further RESOLVED that a Public Hearing relating to
street improvements on~Lexington Avenue be, and it hereby is, scheduled for
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r.:,aring on April 1'~, 1973 at 7;30 P,M. at the Village Hall. Those members voti-~;
in favor were; Y~ayar Po1Win, Councilmen Rahn, t~lachter and Smith. Councilman
Rydrych voted naye.
Mrs, Baxbara Schmidt appeared nn behalf of the Park Committee and that
according to the report of the Building Inspector recoumaen3ed chat the Burow home
be boarded up due to the fact that considerable damage had been done to the
building, The Park Conm~ittee further recommended updating the Zoning Ordinance
to provide for an amendment relating to dedication by developers for park pcirposes
ir~c'.uding both land and cash donations. A formal recommendation will bc: su'~mit;.r~,~~i
to the Counc3,1.
~~Ir. M. C. Gresser appeared on behalf of his application far a buildi.~~~;
permit on Lot 7, Blact~ 2, Cedar Industrial Par~c consisting of an office bu3ldfi.~:~;
and warehouse. It was noted that Mrs Gresser received a permit on August 3, 191
but the building was not constructed. Upon motion by Councilman Wachter, secon~le~~
by Mayor Polzin, all members voting in favor, it was RESOLVED that the application.
for building permit as submitted be, and it hereby is, approved subject to sub-
~aission of a formal building permit application and subject to the Vil~.age
~;r~gineer and Building Inspector's approval,
Mr, Julius Matlinski appeared on behalf of his application for an
On~Sale 1iquQr license on silver Bell Road adjacent to the P,~Q Food store
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consisting cf approx~.ma~:E'~- a one acxa. pa~~ces~ I.irt Ru~~ert~ ,,~ohnson of Northwest
design, ~nc9 also appeared on behalf of the al~pl:~cant<. The f~ui.ldin plans ~;~ere
not ~^on~pleted bu* wG.lc rough~,~ ~:onsi.st of IOC' b;r ~0` Uuiljing wi~.:n basement and
f~,rst floor acconunodations to seat approximately 150*~i60 people! Appro:~imate
~o3t o.f. the 8,000 square foot building would be about $2500 per. square; .coot,
,after considerable discussion and submission o.c a l.et~~r from neighbor~z~g
~rouerty owners not ob ecti ng to the restaurant, and upcrl motion by r~ayor Polzir~~
seconded by Councilman Smith, all members voting yea, ::t was RESOLVID that the
;~pp~ication be, and it hereby is, approved subject to compliance w~.th all
~~ecessary ordinances.
Mr, Wi~.liam I~lug and Mrs Hugh Sweeney representing Roadway Express of
Apron, Ohio appeared on behalf of its application for a special use permit fog
the cons"ruction of a truclc terminal fac.lity on Lots 2t Through 37, dock 5,
Eagandale Center Industrial Park Nc-t 3 ling at the Northeast corner of Gemini
load and Lexington Avenue consisi:~i.ng of ~.4b05~ acres. It was noted that she
Advisory Piannl,ng Committee after considerable review recommended approval sub jEr.~:
~;o certain conditions including the fact that the special use permit be granted
fo~• arly one year, The representatives of the applicant indicated t%at 80 door.
~;~~+.~uld ~~nitial~.y be built at the time of construction of the initl.al facility
~~~i.th :~09 door ultimate capac~.ty-. Council members inquired at length as to ~:he
numbQr of line hauls and local .freight hauls to be made by Roadway Express ~;n
the area upon original opening and it was indicated that line haws ~aould ue a
7 day a week basis and local freight 5 days a week. Fstimatps were given of ~~
~,le Yla~l' ~ per day for ~0 doors but that in the future tb.ere could be 35 to ~.:
~.ine hauls per day from the facility Members of the audience gave t~ieir ~p~.n~.t~r~
that there would not be sufficient capacity on Le.~in~con Avenue for add~.tionaZ
truclcs and the Council expressed its extreme concer~~ that neca~:se the busk mail
cacili.~-y ,.s now being constructed immediately to tl~e G~~est, that Lexington Avenue
would not he ab~.e to cope Frith additional traffic teat wou~.d be generated by the
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proposed Roadway Express facility. Zt was no~;ed that there were other trucking
facilities in the area and further that discussion centered around whether there
may be other property within Eagandale Industrial Park area that ma.y be more
appropriate, although at a higher cost than property in question, for the
trucking facility, It was further noted that REA Express near Highway ~F55 ,
possibly may be for sale and .the applicants indicated their knowledge o~ this
fact, Certain Councilmen ,suggested that in the event that such a facility is
built at the location requested, that an agreement be signed by the Roadway
Express that all. of its truck traffic exit onto Gemini. Road, Neal Armstrong
~;oulevard and Lone Oak Road to Highway #S5 to relieve the current and ultimatt,
c~ngpstion on Lexington Avenue. It was indicated that I~x35 E is not a defin~.te
cert~;inty as to installation at the proposed location and in any event it woul3
be a number of years off before construction would be coamaenced. After
considerable discussion and upon motion by Councilman Smith, seconded try
Council~aan trlachter, all members voting in favor, it was RESOLVED the applicatic:~
for special use permit be denied for reasons including those above stated .and
in addition, the fact that Lexington Avenue is currently a very lo~T volume street
anR under present conditons can handle very Kittle more traf f ic; o~~~. o:~ the
uncertainties of timing of construction of Lexington Avenue, I-35 E and other
highways in the area; the fact that the Post Office department has commenced
construction of a facility in~nediately to the t-lest which is going to generar'e F
considerable amount of volume of traffic; that other industrial and truclci.rg
facilities in the area are already generating a large amount of traffic in
relation to the amount of volume that can be handled on highways in the area;
that additional policing wauld be necessary at additional cost to the V3.llag?;
that there may be a more suitable location near HighE~aay #55 within Eagandale
Industrial Park or along Highways #55 or ~~49; and the fart that the applica:~t
indicated an unwillingness to sign an agreement to the effect that any truck
traffic that r~tould potentially be generated from the trucking facility of
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P~oadtuay Express would under supervision of I',oadwuy Express empty onto Gemini
Road and Neil Armstrong roulevard and travel Easterly to Highway ~~55,
PZr, Fred I:atter and Dave Ohde appeared on behalf of the application of
Creative Ha~sing, Inc, for plan approval of a planned unit development on durdy
Road in Sect~.on 10. It was noted that the matter had been referred back to the
Park Committee and that an understanding had been reached by the Fark Committee
and the developers. This would provide for amending the .plan and donation of
approximately one-half acre at the Southeast portion of the development for Paris
purposes and that an additional two walkways be installed according to the latest
plan. The walkways would provide for a 10 foot right-of-way to be deeded or
dedicated by easement to the Village with 5 foot bituminous surfacing tv be
in5ta11ed at the developers cast with the village maintaining the surface in thF
future, There were no objections from neighborhing property owners who were
present, Upon motion by Councilman ~~achter, seconded by Councilman Rydrych,
all. members voting aye, it ~~ias RESOLVED that the application be, and it hereby
is, approved for planned unit development concept, The applicants indicated
that any excess fill from the development will be installed in the low swamp area
according to park directions by the Village. And it was further undarstoad that
Rio snowmobiles would be permitted on the wali~c,ays.
Upon motion by Mayor Polzin, seconded by Councilman G~achter, all members
voting aye, it was P~ESOLVED that the application of Kenneth Appelbaum for divisic=n
of Lots in LeTeadre Addition and variances be, and they hereby are, approved,,
It was noted the Board of Appeals & Ad3ustments recommended approval at their
March 20th meeting,
Mr. Russell Headley appeared on behalf of the application of Univac zoo
a building pexmit for an office and engineering laboratory facility in Section
for Sperry Rand Corporation ad,~acent to the present building West of Pilot Knob
Road. The APC recommended approval, Mr. Headley indicated that bids would be
received and opened on April 5, 1973. Upon motion by Councilma:~ Wachter,
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seconded by Counc:lman Smith, it was RESOLVED that the Council hereby approves
the application subject to the Village Engineer and Buildir-~ Inspector's final
approval. Those members voting in favor were; Councilmen Smith, trlachter, Rahn
and Mayor Polzin. Councilman Rydrych abstained.
Mr. Headley also submitted an application for sewer connections to be
approved by the Council for submission to the T~etro Sewer Board, Upon motion by
Councilman Rahn, seconded by Mayor Polzin, it was RESOLVED that the application
for sewer connections as submitted be, and it hereby is, approved and ordered
submitted to the Metrv Sewer Board. Those members voting in favor were; t~iayor
:k?olzin, Councilmen Rahn, t~tachter and Smith, Councilman Rydrych abstained.
Mr. Headley also submitted a petition on behalf of Univac for a 10 inch
water main from Yankee Doodle Road to one-quarter (~) mile West of Pilot Knob
Road. Upon motion by Councilman Rahn, seconded by Councilman Wachter, it was
RESOLVED that the petition be, and it hereby is, received and referred to the
Village Engineer for study. Those voting in favor were; Councilmen &a~i~i, ~fgchter,
Smith anal Mayor Polzin, Councilman Rydrych abstained.
The Council discussed the recommendation to be submitted to the Dakota
County Board of Commissioners concerning the upgrading of County reads in Eagan.
After review and recommendation by the Village Engineer, and upon motion by
Councilman Wachter, seconded by Councilman Rahn, all members voting yea, it was
r~.E50LVED that the following priorities be recommended to the Dakota County Board
of Commissioners for upgrad~.ng roads in the Village of Eagan; 1) Lexington
Avenue between Yankee Doodle Road and Lone Oa~c Road; 2) Pilot Knob Road from
proposed I~494 South to Yankee Doodle Road; 3) Cedar Avenge from Highway ,~~13
to Cliff Road; 4) Lone Oak Road from Highway ~J~9 Co Pilot Knob Road.
The Village Attorney recommended that the Village take no action urti1,
an order is received from the Hennepin County District Court relating to the
intervening of Metropolitan area of municipalities in the Court action concern~.r1~;
the challenging of SAC charges in the Metropolitan area imposed by the Metro
Sewer Board. ~ 9
Nir. John Burwell of Aetna Insurance Company appeared and made a proposal
concerning an employees variable annuity wage plan with Aetna, It was noted that
other agents will be submitting requests for the proposals to the Village also,
No action was taken,
Upon motion by Councilm,~n Rahn, seconded by Counci~.man Sr~ith, all
members voting in favor, it was RESOLVED that a double faced sign for the Acorn
C~iild Care Center on Cedar Avenue be, and it hereby is, approved,
An application on behalf of Beure Co, by Luther Stalland for two
For-Sale signs on land owned by Beure Co. was submitted. The Council asked that
the size be checked but that if the signs advertise land only owned by the
applicant there would be no need for an application,
An application by T~Ir, Joseph Adelmann far approval of a registered
land survey on Highway ~k13 was sub~i.tted to the Village Engineer for review,
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting aye, it was RESOLVED that the petition of Creative Housing, Inc,
for sanitary sewer, water, storm sewer and street surfacing on a ~5 acre site
on Jurdy Road be, and it hereby is, accepted and referred to the Village Engineer
.for report to the Council,
No action was .taken upon the request of certain residents of Evergre~~a1
I~a~'k for the installation of traffic signs within the subdivision for the reaso~,s
that signs are not under the normal policy of the Village placed within the
subdivisions on residential streets,
Upon motion by Mayor Polzin, seconded by Councilman Rydrych, all
members voting in favor, it was RESOLVED that the statement of the Village
Engineer for services for the preparation of a Taster Storm Water Drainage Report
originally ordered in 1970 be, and it hereby is, approved and ordered paid,
Upon motion by Councilmaa Rahn, seconded by Mayor Polzin, all members
voting aye, 1t was RESOLVED that the bills according to the following warrants
be paid; 23 through 26; 1031 through 1113; 14351 through 10418.
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Upon motion the meeting was adjourned,
Dated; March 20, 1973,
Alyce. Hot ,Village Clerk
Eagan, Dakota County, Minnesota.
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