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04/03/1973 - City Council RegularAGENDA REGULAR ~~?FETING OF COUNCIL VILLAGE OF EAGAN, DAKOTA COUNmY, P~IINNESOTA April 3, 1973 6:30 P.M. Meeting with Roger Katzenmaier, Village Accountant. 7:00 P.M. Council Meeting 1. Pledge of Allegiance. 2. Approval of minutes of previous meeting. 3. Police Department business. 5. Utility Department business. 6. Park Committee business. 7. Building permit applications. 8. 7:30 P.M. Public Hearing for Preliminary Plat Approval of Oak Chase, Second Addition in Section 27. (Formal) 9. Application of D. C. Corrigan, Indoor Tennis Inc. for a Building Permit fora recreational facility on Lots 7 and 8, Block 3, Effress Addition. (APC recommends approval . ) (Formal) 10. Application of Rauenhorst Corporation fora Building Permit for a I25' addition to the Chicago Tube and Iron Industrial Building on Lots 5 and 6, Block 5, Eagandale Center Industrial Park. (APC recommends approval.) (Formal) 11. Application of Colonial Self Storage for approval of change in building plans for warehouse on Lot 6, Block 2, Cedar Industrial Park. (APC recommends approval.) (Formal) IZ. Application of Osman Temple for a pole-type building for storage 40' X 64' X 10' for Lost Spur Golf Course. (APC recommends approval . ) (Formal ) 13. Application of Arnold Car.~son for prelimi~,~y ~p~a_~~ppro~ya~, for Residential plat, Section Z7. Set Public Nearing for May I, 1973 at 7:30 P.M. (Formal) I4. Application of Fred Katter, Creative Housing for preliminary plat approval in Section IO and vacation of Jurdy Road. Set Public Hearing for ray 1, 1973 at 7:30 P.M. (Formal) 15. Ap~oearance of James Parker for Preliminary Plat approval in Section l7. Set Public Hearing for flay I, 1973 at 7:30 P.M. (Formal) AGENDA, VILLAGE OF EAGAN, April 3, I973 Page 2' 16. Application of Elmer Scott to rezone I2 acres in Section 24. Set Public Hearing for May I, 1973 at 7:30 P.M. (Formal) l7. Application of Wall Corporation fora Trailer Coach Park Permit in Section I3. (Formal) 18. Report of Village Engineer on registered land survey of Adelmann property in Sections 17 and 18 on Hwy ~3. i~'11Ui~'E"a OF REGUL~'~F~ ?~.~f~~:~..NG G~' E.~GAN COU~tvC:[L VILI~AGg OF ~r~~~.'-~r1, I~:~t? 1A GJ~JNT`~, ~~iv:ti~;SOi,:~1 :April 3, ~. X73 At 6; 30 P,H1~ the Council met with Roger I:ataen~aeier, Vi] lake Acr,.o,:rt g to discuss firstly the possible invol~rement of the Village in the Hennepin CL~unty District Court action relati:ig to Metropolftan Sewer Soard SC Charg4s~ 'resent were; Mayor Polzin, Councilmen Rahn, Rydr~rch, and Wachter. Absent wa^ Councilman Smith, A letter from the Village Attorney indicated that a notice had been ~e::Pfved by the Clerk in response to a ~Iennepin County District Ccurt Order of M~~•ch 5th t© all mun~.cipalities in the sewer service areas requesting that they join the case as plaintiffs or defendants by April 15th or in the event that ~th,~y Cc not elect to join they automatical3~y will become codefendants and will be bound by the decision of the Court, The Village Attorney suggested that the Village join ss a plaintiff, but no action ~~as taken an the ~aatter, Mr, Katz~nmeier suggested that because of the large amount of present liabilities for reserve charges levied against pagan in addition to the n€w SAC charge, that an attempt be made with the MSS to set up a contract for payment -cf the reserve charges over approximately 15 years at a minima interest ratE~ In the event that the Hennepin County Gourt determines that the deferred chargz method is no longer applicable, that the contract could become null and voids .and that the money paid could be returned to Eagan. Hpon ~cot;.on by Y~ayor F~izin, seconded by Councilman Rahn, all ~mberg voting in favor, it wee Id;SOLVr~D that the Village cogsLltants be authorized to nepotists a contract with tna Metro Serer ward a~ld to report back to the Council at the next meetiag~ ter. Kataenmeier according to his letter to the Village C13rk of March 14, 1973 recommended the following transfer8 of funds as of December 3l, 1912 fram the Sewer and water Utility Fund: 1. $125,81230 to the 19b7 Sanftary Sewer and Water Tmpxovement Fund to pgy for the onewhalf million gallop storage tam ~1• Z ~ ~ ~~~~ ~ ~ ! ~!~~ ~~~ *o +,t7P r~~,~~ ^,~. R ~`~ ~' ; r-..~,T~:~ , y t~at;er a:v1 Scree ~. lmnrove~~~t .. yund to cover the cost of the 5 mil:~ion ga~l.~.or: ~ra~er storA~;e tant:~ upon motion by Councilman Wachter+; seconded by Mayor Fti14~n, aI1 me~bers vaating aye, it was RESOLVED that the transfers above mentioned bye authorized. The regular mmeting of the Council., Village of Ragan, Dakota County., Minnesota, wee held at 7:00 P.M., Qa~.,~pril 3, 193, at the Village Hall, 1~3.A !Qouncil members were present. T'he meeting opened with the Pledge of Alle$iancej Upon motion by Councilman Smithy seGOr:ded by Councilman Wachter, it was RESOLVED that the minutes of the March 20, 1973 Council Meeting be approved with the following exceptions; "age 2, last paragraph, the motion concerning warning and traffic signs was made by Councilman Wachter and seconded by Councilman Rydrych and the sped should be set at 3O miles per hour; further, on Page S the date of the public hearing cornzQrnatng Improvement Pro,~ect #104 relating to the Lexington Avenue street improveaaents should be April 17, 193 at x:30 P,M, at the Village Hall. All members voted aye. Police Chief Martin DesLauriers recoamtended "School Ahead" signs and a speed survey be accomplished on Blue Gentian Road along the Mendota Heights border Upon motion by Councilman Rydrych, seconded by Councilman Aahn, all members voting aye, it was.RRS4LVBD that "School Ahead" signs be installed arx~ that the speed survey be requested in conjunction with Mendota Heights from the Minnesota Highway Department. ~Jpon motion by Councilm-an~ Rydrych, seconded by Councilman Smith, it Baas RESOLVED that a street light be installed at Hight~ay N'o. 49 and Chapol Lane. A11: members voting yes. Mr. Bill Branch appeared and discussed a water and sewer supervisors national conference to be held in Las Vegas, Nevada. Upon motion by Cou~acilman Rahn, seconded by Councilman Rydrych, all members voting aye, it was RESOLVED that tie Pub~l~.c Works Superintendent be authorized to attend the conference at the V~11~~e's cost, ..Z. N 1 l~x'cp a.}~~~u,~ra ilc?~m;tia~l, wp;.,,~~~'~'~~ ~'. bc~:c,.,..f of the Pail( COI~:~ttee ti.~et•~~Ar with Dale Everson anct submitted a proposed :~-,~? ;r~: fur 1973a In addita.on, they indicated that $4,405,00 which originally hid been budgeted for 1972 had been spent is 1973 after the beginning of the fl.scal yyeAr due to the fact that tl;e change of governmental form. After discussion, upon motion by Councilman E.ydryc:~7.. ceconded by Councilman [rrachter, all members voting aye, ~,t was RESOLVED that t,.:p ot~m of $35,040.00 be authorized far the 1973 Park Budget which shall ~.ncl,u{fie tac, $4,40S..OO explained above. It was noted that the Park Committee budget wi~.l be reviewed again about July, 1973. The Park Co~nittee Chairman was asked to respond to a request from Martin Shield' ~ attorney concern~.~g the proposed acquisition of land along Lel,ay Lace for a proposed park, The Mayor then announcFd the openi~b of the public hearing for pre~.im:» inary plat approval of Oak Chase 2n3 Additi.~~n in Section 27 on behalf of the application of Timberland Developa:ent Corporation. Mr, James Frisbee appeared for the developer. There were no objections to the plat and the Flanning Coma~<Cttee reco~nended approval. Upon motion by Councilman Rydrych, seconded by Councilman Rahn, all members voting i.n favor, it was RESOLVED that the application fcr preliminary plat approval be, :and it hereby is, approved. - " ' ... ,..~~ ., ; .Residents in the. Oats Chase area ~ present .requested .that ~ction~.be talten to~attempt to correct the bad street problem that is partially caused from the number of trucks hauling construction materials traveling the street dur~.ng the street breakMup, The Village Engineer was requested to look into the matter, Mr, Frisbee further submitted a request for sewer and water installation in the Qak Chase 2nd Addition on oak Chase Lane, Upon motion by Councilman 1.ahn, seconded by Mayor Polxin, all members voting aye, it was RESOLVED that the Vi~,lage Engineer be requested to study the matter and submit a feasibility report at a later meeting. Mr, Roger Urban appeared with an application for a permit for a s~,ngle family residence on a 5 acre parcel on both the Y~torth and South sides of Cliff .3. T,ccjd, The ~~~."~.'la°P~ E~ginecx rFCOU~;:~.a~~d "~: ,t u ac.clitional 25 f'oo* easemEr~t c~~ each side of Cliff Road be acquired from M~'. ~Trban for the potential 150 foot right-of•way to be reserved for Cliff Roach Upon notion by Council~la:~ Rahn, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the permit for the residence be gxantec~ subject to grant of an easement by the owner to the Village of Eagan of an additional 25 foot easement on each s~~~ of Cliff Road covering property on each side owned by him, Mr. Bruce Clarlr of 321 North van Buren, Hopkins, Minnesota, appeared ~n t~ehal.~ o~ ~~.s request for a building permit for a single family residence on 6 acre. par~ce~ West of Dodd P.oad in the Northeast 1/4 of the Southwest l/4 0~ Section 25. Upon mo~ion,by.Counc~.lman Wachter, seconded by. Councilman Smith, ... .. all ~aembers voting in favor, it was RE50LVED that the application be granted, ~, subject however, to the grant of a full 50 fo:,~t half right-of~»way on the tRJest side of,~Do~d Road to the Village of Eagan for street purposes. :. ~. . Mr.,. D. C. Corrigan appeared~on behalf of the application of Indoor ;:: Tennis, Inc,. for a building permit for a recreational tennis facility on Lots 7 and 8, Block 3, Effress Addition, The APC, recommended approval subject to conditions concerning the potential change in use in the future, The facility . ., would have 61 car parking spaces and is located on Pilot IZnob Road and Maurice Drive. The building will cost approx~.mately $750,000.00 and will have limited food facilities but could serve up to 4050 people, Upon motion by Councilnan Wachter, seconded by Councilman Rydrych, all members voting aye, it was RESOLVEll that the application for building permit be approved subject, hocaever, to the Advisory Planning Committee recommendations and approval of the Building Inspector. Mr. Corrigan further requested that action be taken on Indoor Tennis, Inc, application for an On•sale liquor license, It was noted that the facility did not expect to have a 5050 food liquor ratio required by the liquor ordinance procedures,. It was further noted that the club in effect would be a private membership club and would not solicit publ~.c patrons for the liquor facility, but the Co~~nci1 indicated that the public could not be excluded from th3 restaurant .4» area. Upnn mo~;i~~n by tY~ayor Folzi~:., ~~:co~~~ed by Councilmti~n R~~hn, all members voti;:g aye, it was RESOLVED that ttae app~.iLation for On-sale liquor license be, and hereby is, approved with the understarda.ng that the restaurant and liquor facilities not exclude the general public It ~~as understood that the 5050 liquor ratio requirements ~~rould be waived because of the nature of the facility mainly for athletic purposes. Mr, Les Blinn appeared on behalf of the application of Rauenhorst Corporation for a building permit for a 125 foot addition to the Chicago Tube and Iron industrial building on Lota 5 & 6, plock 5, Eagandale Center Industrial Park. The APC recommended approval subject. to the service road extension .~ Westerly. Upon motion by Councilman Rahn, seconded by Councilman Rydrych, it was RESOLVRD that the application be approved, Estimated cost is $179,000.00. Those voting in favor were Councilmen Rahn, Rydrych, Smith and Mayor Polzin. Councilman Wachter abstained. The request of Colonial. Self Storage of Minnesota for the approval of a change in building plans for garage facilities on Lot 6, Block 2 Cedar Industrial Paric was striker at the request of the applicant which indicated that they do not plan to make any changes in the project. The application of Osman Temple fora pale type building for storage purposes for the Lost Spur Golf Course was ne:;t submitted. The APC recommended approval Upon motion by Councilman Wachter, seconded by Councilman Rahn, aI1 members voting yes, it was RESOLVm that the application be approved subject to final. approval by the Building Inspector. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting yea, it was P.ESOLVED that the following public bearings be, and they hereby are scheduled subject to submission of accurate legal descrip4iens for the Clerk to permit timely notice of the publication of the notices for T~iay 1, 1973 at 7;3O P.M.st the Village Hall; 1. A~plicativn of Arnold A. Carlson fox prelir~in~ry pla; ~pprov,al r 5 r fa:; t~ilcterazess ~:u.:~ ~•th Add i± ion, in ;,~. ~~,~,r.qx ?.; 2. application of CreativA Ilous ~ ~ ~ Inc, for pre:.ir~inary plat apprcv;~l for a residential development in Section 10:, 3, Application of Creative Housing, Tnc, for vacation of a portion of J~ardy Road in Section 14. 4. Application of Howard Icyllo for preliminary plat approval. for re~~:~ ~'~ cf Jon Croft acres ~.n Section ~~`. S. Application of Elmer Scott to rezone 12 acres from A, Agricultu:~<.;l r.:, z~l, Light Industrial in Section 2~~. The application of ~1a11 Corporation far trailer coach parlc pern~i.t xn Section 13 was continued at the request of the applicant t© April 17th. The Village Engineer reported on his findings concerning the registered land survey submitted by Joseph Adelmann for property owned by him f n Section l7 and 18 an Highway X13. The Engineer recommendyd approval. Upon motion by Council man Wachter, seconded by Council~:an Smith, all members voting yes, it was BESOLVEA that the Rngistere~dLand Survey covering the above property located in Cedar indu$trial Park be, and it hereby is approved and ordered signed by the appro• riate officials. The Council. discussed the recommendation of the Planning Cotaraittee that the application of K, N, t~testzaan to divide Lots 7, Block 8, Country Home Heights Addition be disapproved for reasons including the fact that there appear to be one single family residential restrictions per l.ot in Country home Heights addi~ tion, Upon motion by Councilman Rydrych, seconded by Councilman Wachter, all members voting yes, it was t',ESOLVED that the Council rescind the action taken at its March ZOth meeting for the reasons given above and fox the further reason that the matter had not been reviewed by the planning Committee prior to action by the Board of Ad,~ustments and Appeals and the Council; further the fact that the applicant had not been present to answer questions concerning the application, IT WAS FURTHER RESOLVED that the Board of Adjustments and Appeals meet on May 1st at 6;30 P.M. to reviec~~ the application again, *6« Ccuncslm~n Ry`drych s~:ggec ~~.' the ~. a ct?ni'r: ibution be ~a3e to the Villago of Burnsv3.lle for assistance in paymen4 of legal fees i curved by Burnfivil,le concerning the fiscal disparity bill. Affi:e~ di$cussion, upon motion by Counei~.M gan Rahn, seconded by Councilman Rydrych~ all members voting in favor, it was RESOLVED t:~at the Village of Eagan contrib~,tte One thousand ($1,Ot~0,00) dollars to the Village of Burnsville on a point powers basis to assist Burnsville in ^synaent of its legal fees relating to the fiscal dispari~:ies case brought in the Dakota County District Court, and for the reason that Eagan appeared to ha~Te g.sined substantially from the outcoz~e o:~ the case. Upon motion by Councilman Wachter, seconded by Mayor Polzin, all ~ac~abers voting eye, it was RESOLVED that the application of Beure Co. for two sfgn per~aits pursuant to its applicatian be, and they hereby are approved, Councilman Rehn abstained. Upon motion by Councilman Rahn, seca:~ded by Mayor Polzin, ell men~liers voting in favor, it was RESOLVED that the following ~,2 beer applications be approved, 1. Q€f•sale far Spruce Motel for the reason ghat the ownership is charging, 2. 4n-sale for Pizza Hut for the reason that the ownership is changi»g, The Police Chief recommended approval of both applications, Upon motion by Councilman wachter, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that the Clerk be directed to write to Carless Corporatioa requesting that screening and landscaping agreed to by Lsilass be accomplished as quickly as passible along its property on Highway ~F~.3, The Council discussed the League cf MunicipalitiES Convention to be held in Alexandria, Minnesota from June 27 - 29, 1973.. The Clerk indicated that a special meeting celled by the Metropolitan Council, will be held at the Eagan Village Hall to discuss transpcrta~:~lcn facile ides to ;~unicipal officials in the area have been ~.nvited and the meeting is ~- 1 sc~Y nr~l~;d xor Apra ~. 19~:h a+~ ? ~s0 Ps~~, Upon .motion by Councilman Rahn, sec,-.nde3 by mayor Palzin, ail members voting aye, it was RESOLVED that the Board of ReviFw wall meet frost 2;00 P,M, to ~+;QO P.M. on June 13, 1973 at the Vi.~.lage Hall. ~`he Clerk read a letter for t:1e Administr,~tor of Orvilla Homes on ;Wescott Hills Drive request~.ng a street grade be set on C~escott Hills Drive« ~: :-4quest from Dreyfus Corporation to establish grades on ~~lescott Road was `l;o read. Upon motion by Councilman Rahn, seconded by~ Mayor Polzin, ~.t was R~~OL~~~J saes the Village Engineer be authcrf.zed to prepare a preliminary report relatir±g to Wescott Hills Drive from Xankee Doodle Road one-half mile South. A11 memb~:r~ voted aye. Upon motion by Councilman Wachter, seconded by Councilman Smith, all meo~bers voting in favor, it was RESOLVED that the Village Engineer be requested to prepare a preliminary report for Wescott Road to establish an approximate grade from Lexington Avenue past County Road ~k63 to Highway #49~ The Clerk was requested to resubmit the request of the owners of t~Iary Addition on the West side of Dodd Road concerning the alleged approval of a preliminary plat for construction of single famixy residences, to the April l7ti~ meeting. The Council discussed the recommendation of the Planning Commission that the mobile home park permit covering the Gold Medal~.ion property immediately Vest of the property now under consideration for a mobile home park permit on Wescott Road be revoked for the reason that the mobile home park is not being installed. The Clerk was requested to contact Dan Gustafson and schedule the matter for the April 17th meeting for consideration. The Village Attorney asked the Council members if they had any reaction to Minnesota Legislative House File No, 63~ providing for conversion of Villages 3~nto Citi~~s which will be considered by the Local Government Committee of the ~~~ House. It was noted the main change appeared to be a chafe i~ the name of .g .,. ViilF,~e to City acid Eagan u.:der the propoc . ~ wou~.c~ become a tr:ird c~.ass citya No specific recommendation or action was taken. Councilman ~rdachter s=sggested that the bu~.ldings on the AIP~a Burow property be advertised and sold to the highest bidder tea permit the buildings to be torn down or moved. The Park Committee wi?.l co:lsider the mat"er~ The Village Engineer reviewed with the Council the Dakota County Functional Thoroughfare System No, 8 recently received b;~ the Village, The County Engineer asked that cons~.deration be given by each municipality aff.:ct~l a;;d comments be made to the County H~.ghway Department. The Village Engineer r;~de certa~.n recommendations incl~sding his opposition to a major parallel ~:horoughfare North of Cliff ~'~oad and South of County Road ~~30, and that the connection of I~-4 94 be changed to a smoother curve. The Engineer was requested to submit a written proposal to the Village for consideration at a later meeting. The Engineer further reviewed the most recent submission by the Minnesota Highway Department concerning proposed x~-35E. No formal action was taken. Upon motion by Councilman Rahn, seconded by Councilman ti~~achter, all members vota,ng aye, that the bills according to the following be scheduled and they hereby are ordered paid; Warrant No.'s 27 and 28; 1119 through 1153; 1420 through. 10463. Upon motion the meeting adjourned. Dated: April 3, x,973 Alyoe lke, V~.11age Cler1~ ~ ~ M