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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, N2M 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 -4- 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 .5.. 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 -6- 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 -7- 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 -8. 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. »9.. 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<