05/01/1973 - City Council RegularAGE.'. nA
REGUIaF.R MrETIT1G OF COUNCIL
VILLF,GE OF EAGAt1, DAKOTA COUNTY, MI1~iVESGTA
riay 1, 1973
6:30 P.M. hoard of Ac~justmenta anJ. Appeals
1. Application of Roadway E~cpress. Inc., for a Speczal Use Permit
for a trucking terminal, Lot 27 t,hro»,gh 37, E1ock 5, Eagandale.
(Formal )
2. Applir.;~,;:yon of K. N. Westman for a variance of Ordinance 6,
approval. for division of Lot 7, Bock 8, Country HoMe Heights.
(Formal)
7:00 p.m. Council Meeting
1. Pledge oi: Allegiance.
2. Approval of minutes of previous maeting.
3. John O'Toole, County Assesar:~s Office.
4. Police Department business.
5. Utility Department business.
6. Park Committee business.
7. Building Permit applications.
7:30 P.M.
8. ?:30 P.M. Public Hearing fnr Preliminary and Final Plat Approval of
Wilderness Run Fourth Addition. (AFC recommends appro~ral) (Fox~r~al)
9. 7:30 P.M. Public Hearing for Preliminary Plat Approval in Section 17.
(Formal)
10. 7:30 P.M. Public Hearing for Rezoning bf Elmer Scott z~rcper*,y in
Section 24. (APC recommends denial) {ForMa11
I1. 7:30 P.M. Public Hearing for Preliminary Plat Approval in Sec;,on 10.
(A''~~ reco~~mends approval} (Formal)
12. ?:30 P.M. Public Hearing for Vacation of Jurdy Road.
(APC recommends approval) (Formal)
13. Continued Public Hearing on Lexington Aven~~e--Project 114.
14. Applica~:~.on of Go~.d Medall:ton for Preliminary Plat approval of Surrey
Heights 4~:h Addition. ;S~.t Pt~.bl~.c Hearing for ~a~e-~ at 7: 3t1 P.I~i. }
r~f~al (Formal)
AGENDA, VILLAGE OF EAGAN COCTi~1CZL ±f~~~~T~1VC
page 2
15. Application of Gold Meda' ~ ~.r~n fo~~ F.r.,~;.ymi.nary Plat ~_rnro~~al of Surrey
Heights 5th Addition. (Se•~ Fu'al.ic Hearing for ~7--~ at 7:30 P,M. }
~~ .~/
16. ~~pplication of Gcld Mec;~~lii.on for Fi~.::;~.~. Flat approval of Surrey Heights
2nd ~!ddition. { .. .~ (Forr~al)
17. Application for a substation for DaUOta Electric Assn. in Section 10.
(APC reco~~~;ia a~:proval) (Formal)
1$. Award ~~ids for ?'mprevement Project #104--Sewer, Water & Storm Sewer to
Eu:tk Mail F~.ci3.ity.
-- 1~. Applicatian of DCR for a Building Permit for addition to the shopping
center in Cedarvale. {APC ~:~eccr,-mcnds apprc~~al) (Formal)
20. Application of Antler Corp. for revised site plan approval. for Rivergate
Villa. {Formal)
2~. Approval of Alignment of 35E.
?.2,. C~nsider,ation of Franchise Ordinance for Northern States Power---
Metro Rate Au":r~rity.
23. Cnnaideration of prepcsed changES in Ordinance l6, Signs and Billboards.
MI1lnJTES OF REGULI~R MEETI'~C C~{ v' .~.i~.lzE COJNCYL
VILi~AGE OF EAGAN, DAKOTA COUi~IT~I, i~INNESOTA
May 1, 1973
On May 1, 1973 at b;3O P,M, the Board of Ad~ustnents and Appeals rest at
the village Hall. Those present were Mayor Polzin, Coa.~r~cilmen Smith, Rydrych,
Rahn and Wachter, APC t4ember Marble; Member Hall was absent,
The Clerk read a letter from Roadway Express, Inc. appeali:~g the specie'
use permit for a trucking terminal on Lots 27 through 37', Block 5, Eagandale
Center Indusrrisl Park ~t 3, A subsequent telephone call from tb~e applicant
requesting that the matter be strikers and the appeal be dismissed, together wxt'h
a te3~egram received on May 1st were noted by the Clerlc and the matter was striken~
The application of 1~, N. Westman for a variance for the split of a
single family residential Lot 7, Block 8, Country Home Heights Addition was next
considered, It was noted that the Planning Committee recommended denial of the
application. A petition filed by owners in Country Home Heights Addition ob~ect~
to the division of lots for the reason a single family house covenant ex~,sts in
the restrictions for each of the lots, and letters from other objecting property
oc~ners were reviewed. Upon motion by W, Rydrych, secorsled ,I. Marble, all members
voting in favor, it was RESOLVED that the application be denied for the reasons
mentioned above and earlier action be rescinded.
The application of Donald Teitgen for variance for construction of a
garage from the front yard set-back xequirea~ents on Chapel Lane was next revie~red,
The Council and Planning Committee recommended approval. Upon motion by T,Gdachter
seconded K. Polzin, all. members voting yes it was RESOLVED that the variance be
recoma~nded for approval,
The Board then discussed procedures to be recommended to the Council
for Board of Appeals matters. Upon motion duly made and seconded, all members
voting in favor it was RESOLVED that applications for variances under the
Ordinance ~6 be reviewed by the Advisory Planning Committee and the Board of
A~~~~ustm~r~ts and Appeals prior to fi~.nal Caunc.i~. ac*io~;:~ f}~~p•her RuSOLVED that
appeals from decisions of the Council in zo~n~~.ng,pl.atting, building permit mattexs,
etc, be head by the Board of Adjustments and Appeals raith the final decision
made by them following Council act:~on,
At 7000 F.M. the Mayor announced the conve~,ing of tree regular mee~:in;
or the Council, all members being present, After the Pledge of Ali.egiance and
upon motion :~y Councilman Smith, seconded by Cou:~cilman Rahn, the ~.nutes of the
-~xev~.ous meetings were approved as distributed.
Mrs, Barbara Schmidt appeared on behalf of the n~~:'~ Comm~.~:tQe, The
tlillage Attorney indicated that a meeting had been held with NL~D officials and
John Voss and the Village ~;ttorney on Thursday, April 26th and requesti;~g that
acqu~.sition funds for first phase park parcels be delivered at the earliost
possible time HUD has requested that reappraisals near to the time of acquisi~
tion of certain parcels be prepared by Eagan and submitted to HUD, Upon motion
by Councilman Rahn, seconded Cotanciizaan Wachter, a1.1 members voting in favor, it
wus R~'SOLVED that Tony RosWalc of South St* Pain. be engaged to reappr~.ise appxo*~~,~
mt-~~;ely 6 to 8 parcels that have been acquired or are about to be acquired for
'.°'3ase ]. park acquisitions for submission to HUD. All members voted in favor.
Tt was noted that the Village Attorney further indicated that the appal
in the conde~anation matter covering the Alexa Burow property on Rahn Road is
schedu?ed for hearing an May 1Gth in District Court. After discussion and upo~a
reWommendat;on of members of the Council aad Park Committee, upon motion by
Councilman Wachter, seconded Counc~.lman Smith, all. members voting aye, it was
RESOLVED that the agreement for the acquisition of the property be approved,
including payment of special assessments to provide for free and clear transfer
of title of the appxa~~imately ~+1 acre parcel owned by Alexa Burow ort Rahn Road
and that an Order be ar_qua.red from the Judge of District Court approving the
settlement and dis~eissing the appeals,
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T~:r..3rfhn o ~ Too:~e of the Dakota Co~in~~r A~ ~~~ ~ccj~. ~ a Office afi^eared t9ith
a schedule of assessments for xeal estate tax aba"event according to the schedule
attecned to ~;hese minutest Upon motion by Couric~ lma~~ R ~k~n, seco~ed Councilman
S~.th, all members voting in favor ~,t was ~'~^~O~tJED t;~~.t txtp Pb~~t~~,ts be and the;
°r.~cwevy are apprcved sub~PCt to the Clerk reviet~~,ng each parcel for spLcial assesses
i~',:~1~3 outsta~r3ing.
Chief Martin Des~,auriera appeared on behalf of the Pclice Depar~~ne~r
and indic~tec~ that ~uulted cars on the foz~aer Peed property South of YAUt~ee Lc~r"";! o
F~s~d ha~~e not been moved by the owner, Astleford, who indicated that ho q,.~~:~.d do
so by April 2Qtht A representative of Gold Medallion Cor~o:ati,on present a±' thr~
meeting indicated that Gold Medallion would ax its cost move the cars p:~ov~.ded an
apprag*iate agreement is set up between Gold T~ledallion, the Vil' age a:ul ~~rt AJt sew
ford for their disposit~,on.
An application for grad~,n~ per~ait and bui~.ding addition at the Braun
I~linreapolis Steel Teak and Fabricating Company on Highway ASS was next fiubt~tted.
Upon motion by Councilman Smith, seconded Ccunc~.lman Hydrycl!, ali r~~~bers vot~,ag
3.M favor, it t~~ae RE"OL~IED that the application be approved
Mayor PolZin then announced the opening o£ the public hearing for prey
•~.nri.r~axy pla* approval for Ulilderness Run Fourth Addition,. T'h~e APC recommended
~!pprovalt Mr. Arnold Carlson appeared on behalf of the applicant, It wras noted
tlt~t appxox~.~.m~tely l6 acres will be dedicated for park purposes coveri~-g the
e~~are area, Certain property owners in Oak Chase Addition appeared ob~ec+:irg Mo
laclt of sufficient access routes frost this general area South of Cliff ~aad and
East to Le~~ington Avenues Council meatbers and the Village Engineer explained ghat
there will be additional access roads in the future to the East and South. Upon
motion by Councilman Wachter, seconded Councilman Rahn, it was RESOLVr~O that the
a~plicatian for ~-rel~~~~.nary plat approval be and it hereby is approved provided,
h~rever, tr.~t Oal: Chase fioad in Oak Chase Addition be posted to prevera~~ u~,A by
w~
trucks for construction purposes on that street in the spring of each year. All
members voted in favor except Councilman Rydryrh who abstained because of the
lack of adequate road access to the South and East from the area.
It was further RESOLVED that the final plat of Wilderness Run Fourth
A°.d tion be and it hereby is approved. It was noted the APC recommended approval.
A request from Mr. Arnold Carlson for sanitary sewer, water, storm sewer
and street improvements in Wilderness Run Fourth Addition was submitted. Upon
motion by Mayor Poizin, seconded Councilman Rahn, all members voting in favor,
was RESOLVED that the request be forwarded to the Village Engineer for prepare,-
titan of a feasibility study and plans and specifications for utilities according
to the request.
The Mayor then announced that the public hearing for preliminary plat
approval for Howard Kyllo in Section 17 near Blackhacrk Lake was continued until
June 5th because of lack of appearance by the applicant,
The Clerk read a letter from Mr„ Ed 1IcMenomy, the attorney for Le-An, Inc.
owned by Elmer Scott requesting that the public hearing for rezoning of the Elmer
Sr:ott property in Section 24 be continued until such time as Urban Planning and
Daslgn has prepared its comprehensive plan lay-out.
The Mayor then announced the convening of the public hearing concerning
r.Mel_minary plat approval for Donnywood Addition in Section 10 near LeMay Lake,
on behalf of the application of Creative Housing, Inc. The APC recommended
approval subject to resolving the survey boundary line problem on the North lire
of the property. It was understood that the applicant will deed two disputed
areas to property owners to the North to correct the survey problem including
Outlots C & D.
Mr. L. J. Moriarity, Attorney appeared representing the Lance Company
owners of the property to the East lying South of LeMay Lake. Mr. Moriarity
indicated that the owners of that land had no objection to the plat or the vacation
of Jurdy Road provided that it does not affect their property in any way. After
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discussion and upon motion by Councilman Smith and se::otded Councilman Rydrycl:
it was RESOLVED that preliminary plat of Donnywood Addition be and it hereby is
approved subject to compliance with all applicable ordinances including the
submission of a development contract for the subdivision.
The Mayor then announced the convening of the public hearing concerning
the vacation of Jurdy Road, Mr. Katter appeared on behalf of Creative Design, Inc,
The concern of Lance Company again was noted. Upon motion by Councilman Rahn,
seconded Councilman Wachter, all members voting in favor, it was RESOLVED that
Jurdy Road be vacated pursuant to the legal description included in the legal
notice subject, however, to the grant by the developers to the Village of a
triangular parcel directly East of Jurdy Road along the East border of the property
pursuant to a survey of the parcel to be prepared and submitted at the cost of
the applicant.
There was discussion concerning the width of the blacktopping on the
walking paths as to whether there should be six foot asphalt or ten foot asphalt.
It was determined that the six foot asphalt would be installed at the applicant's
cent.
The Mayor then opened the continued public hearing concerning Improve..
ment Project #114 consisting of street improvements on Lexington Avenue between
Lone Oak Road and Yankee Doodle Road. Single family dwelling property owners
appeared objecting to assessments against their property for the street improve..
rinnts. It was noted that the description for the proposed 17 foot easements on
each side of Lexington Avenue had been submitted by Dakota County to Eagan on
April 30th and that a meeting had been held on May 1st with property owners
informally. Several property owners appeared indicating that they would grant
easements in return for waiver for any assessments for the road improvements
against their property. The Council discussed the problem of setting a precedent
on County roads in the event that the assessment is waived or in the event the
property is not assessed for the street improvements and the possibility of
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imposing a deferred assessment to be paid at such time that the property
is rezoned for multiple, commercial or industrial use. A resolution
adopted by the Dakota County Board and a letter from County Commissioner
Murphy were read requesting that General Services Administration pay for
the entire cost of the road improvements for the one mile area on Lexington
Avenue. "'Upon motion by Councilman Rahn, seconded by Mayor Polzin, it was
RESOLVED that the public hearing be continued to May 15th at 7:30 P.M.
Councilman Wachter and Rydrych abstained.
Upon motion by Councilman Smith, seconded by Councilman Wachter,
all members voting yea, it was RESOLVED that the following public hearing
be scheduled for May 15, 1973 at the Village Hall at 7:30 P.M. :
Applications of Gold Medallion Corporation for preliminary plat
approval for Surrey Heights 4th Addition and Surrey Heights
5th Addition.
Upon motion by Councilman Rahn, seconded by Mayor Polzin, all
members voting in favor, it was RESOLVED that final plat of Surrey Heights
2nd Addition be, and hereby is, approved.
Representatives of Dakota County Electric Association appeared
on behalf of its application for grading approval and building permit for
a substation.in Section 10, 300 feet North of Yankee Doodle Road. The
APC recommended approval. It was noted a Special Use Permit for the
substation was granted in 1972. Landscaping plans were shown covering the
one acre parcel including a 30 foot easement access from Yankee Doodle
Road. There were objections from the Council members as to the location
of the property in an area that would appear to be generally residential
on all sides. Further, there was concern that the use was of an indus-
etrial nature and industrial setbacks from residential areas and
agricultural zoned areas are required. There was considerable concern that
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additional screening and berming be accomplished around the property and further
that similar substations be kept out of residential areas in Eagan in the future.
After considerable discussion, upon motion by Councilman Wachter, seconded by
Councilman Rahn, it was RESOLVED that application for building permit and for
grading permit be approved subject, however, to a fence enclosure being moved
10 feet on all sides constituting an additional 10 foot setback from property
lines on all four sides and further subject to submission of more detail land-
scaping plans including additional landscaping. Those members voting in favor
were: Polzin, Rahn and Wachter. Those against were: Smith and Rydrych.
Mr. Charles Wahlberg appeared on behalf of the application of DCR
Company for a building permit for two additions to the Cedarvale Shopping Center
for Applebaums Food Market. The APC recommended approval. The two additions
would consist of approximately 5,000 square feet, there would be street improve-
ments around the South side of the building. The Village Engineer strongly
recommended that no additional building permits be granted in the Cedarvale
Shopping Center area and Mr. Wahlberg stated that he understood that there would
be no additional requests for building permits. It was noted that the APC
recommended the permit be issued on submission of complete landscaping plans. The
Council discussed the street lay-out in the general area including access from
the shopping center to Beau de'Rue Drive. Upon motion by Councilman Smith,
seconded by Councilman Rahn, all members voting yea, it was RESOLVED that the
building permit be issued but that landscaping plans be submitted and that the
developer coordinate closely with the Village Engineer concerning the proposed
street revisions in the area.
It was determined that the bids for Improvement Project #104 consisting
of sewer, water and storm sewer to the bulk mail postal facility be continued
until the next meeting. The Village Engineer indicated that A. J. Chromy
Construction Company of Eden Prairie was the low bidder and because of the fact
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it was a new company he had reviewed the financial backing to determine wheth.ir
the bid should be awarded to a low bidder. The Engineer recommended approval
but that the award not be granted until the next meetI.r_g.
The application of Antler Corporation for revised site plan approval
of River Gate Villa North of Yankee Doodle Road on LeTendre Avenue in Robert
Karatz Addition was continued at the request of the developer.
The Council then discussed recommendations to be submitted by the
Village Engineer to the Minnesota Highway Department concerning the alignment
of I-35E and the exit ramps. No action was taken concerning the recommendation.
The Council then discussed the proposed Dakota County Functional
Thoroughfare System No, 8 proposed by Dakota County and Barton Ashman Associates.
It was noted that a meeting of municipal officials was held at the Eagan Village
Hall on April 30, 1973. The Engineer was requested to prepare a letter to be
sent to the Dakota County Board concerning the Village Council's reaction from
the meeting of April 30th including the fact that the Council took strong excel).-
tion to any substantial East-West flow of highway traffic through Eagan.
The matter of the consideration of the Franchise Ordinance and Joint
Powers Agreement concerning the Northern States Power - Metro Rate Authority was
continued until the regular meeting of June 19, 1973.
The Council then discussed proposed revisions to the sign and billboard
ordinance, No action was taken on the proposals,
The Village Engineer submitted Preliminary Report 107 concerning
sanitary sewer, water and storm sewer and street improvements for Wescott Hills
Addition, Upon motion by Councilman Rahn, seconded by Mayor Polzin, all members
voting yea, it was RESOLVED that the Preliminary Report be, and it hereby is,
accepted and that a hearing on the Preliminary Report be scheduled for May 22,
1973 at 7:00 P.M. at the Village Hall.
The Clerk read a written request from Norman Vogelpohi for the
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installation of blacktop mat on Silver Bell Road North from Highway #13 towards
Cedar Avenue. No action was taken on the request and it was suggested that
contact be made with Mr. Vogelpohl concerning the method of assessment and cost
of the feasibility study in the event that the project is not ordered in..
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting yes, it was RESOLVED that the request of Carl Lindstrand for an
extension of time to file a final plat of Mary's Addition on Dodd Road for an
additional 60 days beyond the period provided in the ordinance be granted,
The Council then discussed the bids that had been received for the
removal of the buildings on the Burow park property on Rahn Road. No action was
taken on the matter.
The Clerk submitted a recommended Resolution proposing S.F. 648, H.F.
605 that would permit electors to vote without registration on election days.
Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting
aye, it was RESOLVED that a Resolution be, and hereby is adopted and copies be
forwarded to the local legislators,
The Clerk then submitted surety bonds that had been returned by the
Liquor Control Commissioner concerning the off-sale liquor license applications
of DCR Company and Mr. J. E. Parranto. Upon motion by Councilman Smith, seconded
by Councilman Rahn, all members voting in favor, it was RESOLVED that the surety
bonds be, and they hereby are, approved as described above.
After discussion, upon motion by Councilman Wachter, seconded by
Councilman Smith, all members voting yes, it was RESOLVED that the Village of
Eagan authorize its Clerk to report monthly the amount of the SAC charges to the
Metropolitan Sewer Board but that the money be held in escrow until the MSB•SAC
charge case in Hennepin County District Court is resolved.
Upon motion by Mayor Poizin, seconded by Councilman Rahn, it was
RESOLVED that the salary of Jane Atwood be increased 254 per hour as of June 1,1973.
All members voted aye.
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Upon further motion of Councilman Rahn, seconded by Councilman Rydrych,
it was RESOLVED that the Village Clerk be authorized to hire a part time student
at $1.50 an hour for office work, All members voted yes.
The Village Engineer submitted a Preliminary Report concerning Project
#120 consisting of water and sewer improvements for Pilot Knob Heights Addition
East of Pilot Knob Road. Upon motion by Councilman Rahn, seconded by Councilman
Wachter, all members voting yes, it was RESOLVED that the Preliminary Report be,
and hereby is, accepted and that a public hearing concerning the report be
scheduled for May 22, 1973 at 7:00 P.M. at the Village Hall.
A request from Mr. Harry Ray for $568.00 for cutting up timber on his
property as a result of the installation of the sanitary sewer project consisting
of Project #69, near Blackhawk Road was submitted. Upon motion by Councilman
Wachter, seconded by Councilman Rahn, all members voting yes, it was RESOLVED
that the payment be authorized subject to the submission of a proper statement
from Mr. Ray.
Upon motion by Councilman Rahn, seconded by Councilman Rydrych, it was
RESOLVED that two street easements for the extension of Donald Avenue North of
LeTendre Street including a cul-de-sac adjacent to LeTendre 2nd Addition be, and
they hereby are, accepted and the Village Attorney be authorized to record the
easements. All members voted aye.
Upon motion by Councilman Rahn, seconded by Councilman Wachter, all
members voting in favor, it was RESOLVED that the Street Development Contract
covering a portion of Lakeside Estates together with the development bond and in
addition a Warranty Deed covering Outlot 8, Block 1, Lakeside Estates Addition
for park purposes be, and hereby are, approved and accepted.
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting in favor, it was RESOLVED that the following bills according to
the following Warrants be ordered paid: 32 - 35; 1194 - 1228; 10535 . 10596.
Upon motion the meeting was adjourned,
Dated: May 1. 1973. /s/ *le<