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05/15/1973 - City Council RegularAC~dDA REGULAR MEETI"~G C^ C'OJ~~CIL VILLAGE OF EAGAN , DAKOTA CO u~2~'T`Y , MI~1i1F OTA May 15, 1973 7:00 P.M. 1. Pledge of Allegiance. 2. Approval of m~.nutes of previous meating. 3. Police Department business. 4. Utility Department business. 5. Park Committee business. 6. Building Permit applications. 7. 7:30 P. M. Public Hearing for Preliminary Plat approval of Surre~~ Heights 4th Addition. (APC recommends approval. ) (Formal) A. 7:30 P.M. Public Hearing for Preliminary Plat approval of Szigrey xeigh~9 5th Addition. (APC recommends approval. ) (Fonnalj 9. Continued Public Hearing on Lexington Avenue--Project #114. 10. Award bids for Improvement Project #104--Sewer, Water and Storm Secaer to Sulk Mail Facility. ll. Application of Arnold Carlson for Final Plat approval of W~.lderness Run 4th Addition. (Formal) 1l. Application of DCR for approval of a landscape plan for shopping center addition in Cedarvale. (Formal) 13. Application of Creative Housing fvr Building Permit for 3 single family houses and one biplex, model homes, before final plat approval. (Formal) 14. Application of Dakota Electric Assn. for approval of site and landscape plan for substation in Section 10. (Formal) C4UN'CIL AGENDA CONT. - VILLAGE OF EAGPSJ page 2 15. Appearance of Frank Hasselman regarding landscaping of LaHass Corp. (Informal) 16. Appearance of James Scanlan regarding business operation at 11200 Cedar Avenue. (Informal 17. Approval of Alignment of 35E. 18. Application of Norman Vogelpohl for surfacing of Silver Bell Road. 19. Application of Norman Vogelpohl for Final Plat Approval Silver Be11 Addition in Section 18. (Formal) 20. Appearance of Don Poupard regarding proposed restaurant site. (Informal) 21. Application of Minnesota Fence and Iron Works for remodeling Ind~astr~.a~, Building in Section 12. (Formal 22, Request of Bruce Clark for revision to street easement on Dodd Road. 23. Set Assessment Hearings for June 19, 1973. 7:30 P.M. 24. Execute cooperative agreement for txaffic signal on C.S.A. H. 23 and C.S.A.H. 30. 25. Adopt Proclamation designating May 18 and 19 Poppy Days in the Village of Eagan. 26. Execute bond issue resolution for Refunding Bonds of 1973. 27. Approve and execute utility contracts for Eagan Green Apartments. Improvement 112A Part 1. 28. Approve and execute contracts for Deep Well #3, Improvement 112A, Part 2A. MINUTES Of REGULAR MEETING OP EAGAN COUNCIL PULA= 07 EAGAN, DAKOTA COUNTY, MINNESOTA May 15, 1973 A regular meeting of the Council, Village of Eagan, Dakota County, Minnesota, was held on May 15, 1973 at 7:00 P.M. at the Village.Hall. All members were present, The meeting was commenced with the Pledge of Allegiance. Upon motion by Councilman Wachter, seconded by Councilman Rydrych it was, unanimously RESOLVED that the minutes of the previous meeting be approved with the following correction: page 9, paragraph 4, line 4 and hereby is adopted against the bill . Police Chief Martin DesLauriers appeared with a request to have the speed limits established at 30 M,PH, on certain residential streets within the Village of Eagan, Upon motion by Councilman Smith seconded Councilmen Wachter, all : by � members voting aye, it was RESOLVED that the Commissioner of Highways be requested to do a traffic study on certain streets as requested by the Police Chief and attached hereto for the purpose of establishing speed limits. Chief DesLauriers stated that a petition had been received requesting a street light on the corner of Eagan Avenue and County Road 26 and also request for a light at Wilderness Run and Pilot Knob Road. Upon motion by Mayor Poising seconded by Councilman Rahn, all members voting aye, it was RESOLVED that the request for a street light on 8atam Avenue and County Road 26 be denied inasmuch as the policy is to erect street lights only on major intersections, it was further RESOLVED to postpone the decision on the street light for Wilderness Run until the next Council meeting when street lighting in Wilderness Run and Evergreen Park will be discuseed. Chief DeeLaurrrs submitted a proposal for disability and life insurance to be paid from the special police fund in the sum of One thousand one hundred ninety-seven and 96/10044s ($1,197.96) Dollars per • Upon motion by Council- - l .. man Wachter, seconded by Councilman Rydrych, all members voting yea, it vas RESOLVED to approve the payment from the special polio* fund in the sum of $1,197.96 for disability and life insurance for the Police Department, and this balance to be retained as a special police fund, all according to the letter from the Police Department of May 1, 1973. -' Fire Department members appeared requesting the replacement of a rescue truck for the Fire Department consisting of a one ton 6 Men crew cab and chassis. The matter was deferred until the May 22nd special meeting. The Fire Department further requested a special meeting with the Council concerning planning and purchase of future fire equipment. At 7:30 P.M. the Mayor announced the public hearing on the application for p aeliminary plat approval of Surrey Heights Fourth Addition. The APC recommended approval. Mr. Larry Frank appeared on behalf of the applicant. The 4th Addition consists of 12 buildings, 4 buildings per unit with a private loop street. Upon motion by Councilman Rydrych, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that the application be approved subject to the recommendations of the Advisory Planning Committee. The Mayor then announced the convening of the public hearing concerning the application for preliminary plat approval of Surrey Heights 5th Addition. The APC recommended approval. The subdivision would include condominium units on a 7,64 acre parcel. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting in favor it was RESOLVED that the application be, and it hereby is, approved subject to the recommendations of the Advisory Planning Committee. The public hearing which was continued concerning Lexington Avenue street improvements consisting of Improvement Project #114 was next convened. 411 Numerous property owners on Lexington Avenue appeared, There was considerable discussion concerning the meetings bad property corers, the Dakota County Engineer and Village Engineer and Villas Attorney with 10 specific proposals being made. Discussion concerning the assessment for curb and gutter improvements along the single family parcels and possible payment of damages for the acquisition of the additional 17 foot right-of-sway ensued. Councilman Wachter moved to turn 3 down the road improvement project on the basis that he felt the Post Office Department had requested the improvements and should pay for the necessary improve manta on Lexington Avenue, Mr. Gabiou was present and explained the County Board's reaction to the project. There was no second and the motion died. The Council discussed the need for an Assessment Committee to be reorganized to discuss this policy and whether this project should be approved. Upon motion by Councilman Rydrych, seconded by Councilman Rahn, it was RESOLVED to refer the assessment matter only to the Assessment Committee for recommendation, Those voting in favor were: Councilmen Rydrych, Rahn and Mayor Poizin. Against were: Councilmen Smith and Wachter. After further discussion and upon motion by Councilman Rydrych, seconded by Councilman Smith, it was RESOLVED that Project #114 be approved and ordered in. Those voting in favor were Councilmen Rydrych, Smith, Rahn and Mayor Poizin. Voting against was Councilmen Wachter. The following sign permits for Rivergate Villa near LeTendre Addition were submitted: 10' x 20' sign on McCray property, 1,000 feet North of Yankee Doodle Road on No, 13 and a directional sign 3' x 4' on Yankee Doodle Road and Donald Avenue. Upon motion by Councilman Rydrych, seconded by Councilman Rahn, it was RESOLVED that the application be approved provided they meet the location requirements and subject to the Building Inspector's approval. Upon motion by Mayor Polsin, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the single family building permit application of Thomas Rice on the Ed Schwanz property consisting of 5 acre parcel 411 in Section 25 be, and it hereby is approved. All members voted in favor. The application for Norman Vogelpohl for a sign permit, 16" x 4' on the corner of Silver Bell Road and Ceder Avenue on the Charles Rueg ee property . 3 . __ 4 , was next presented. Upon motion by Councilman Wachter, seconded by Mayor Poisin, III it was ABSOLVED that the application be approved for the sign for one (1) year period only. All members voted yes. The application of Norman Vogelpohl for a 4'` x 8' sign on the Vogelpohi property at Highway #13 at Silver Bell Road was upon motion by Mayor Polzin, seconded by Councilman Rahn , all members voting in favor, it was RESOLVED that the application be approved. Mr. Arnold Carlson appeared on behalf of his application for final plat approval of Wilderness Run 4th Addition East of Pilot Knob Road. Several property owners in the area including Oak Chase Addition appeared objecting to the lack of sufficient access to Lexington Avenue and Cliff Road. It was suggested that consideration be given to access to all county roads from the center of the section. Mr. Carlson indicated that Carlson Lane may in the future run directly East which would require replotting. There was concern about using residential streets for collector streets. Upon motion by Councilman Rahn, seconded by Councilman Wachter, it was RESOLVED that the application for final plat approval be granted. Those members voting in favor were Councilmen Rahn, Smith, Wachter and Mayor Polzin. Against was Councilman Rydrych. The application of DCR Company for approval of the landscape plan for the shopping center addition in Cedarvale was striken for lack of appearance. Mr. Kenneth Appelbaum appeared on behalf of the application of Creative housing, Inc. for a building permit of throe single family houses and one bi•plex for model homes before final plat approval in Smarmed Addition. The three single family homes will be on Lots 4 thru 6, Block 4 and the bi+ x on tots 21 and 22, Block 4. It was noted that these homes would be on the South line of the plat for technical reasons according to the applicant. The applicant also showed landscape plans for that area. Upon notion by Councilman Smith, seconded by Councilman Wachter, all members vett*, MX favor, it was RESOLVED that the application be approved, 4 «. The application of Dakota County Electric Coop for approval of site end landscape plans for a substation in Section 10, North of Yankee Doodle Road was next presented. It was noted that the fence enclosures was reduced by 10'' on all sides and that the berm and exposure of the substation had been reduced, Nast bushes in the plan will be about 6' tell. Upon motion by Councilman Wachter, seconded by Councilmen Rahn, all members voting yes, it was RUUD that the application be approved. W. Prank Hasselmen failed to appear concerning the request of the Council regarding landscaping in front of the LaHass Corporation property on Highway #13, The Clerk was instructed to contact him again. Mr. Don Thompson appeared regarding the objection of the Council as to the operation of a business at the former Palmer Nursery on Cedar Avenue. He indicated that it is a temporary terminal for shipping electric machinery and that he intends to have the building torn down by late Pall and will develop the property into a private park. He recognised that he had not acquired a permit for the use of the land for manufacturing purposes, that he would cease operation at the end of July and the building would be torn down before the end of the year. The Council took no action but approved those conditions. The Village Engineer discussed the proposed report concerning the allign. meet of 1.35 E. It was noted that the Metropolitan Council Physical Development Committee scheduled a Maria for Wednesday, May 16th cadet I•35 S between Cedar Avenue and County Road #26. Mrs. Bassett appeared' concerning a frontage road along 1»35 B near the Southwest corner of Sagas.. Upon motion by Councilmen Wachter, seconded by Councibmil Reba, it was REWORD that the Village Engineer be designated to represent Sagan at, the Metro Council meeting and to proceed with, the I•35 B report. All members voted yes. SMr. Charles Dalhgren of Apache Engineering Company and Mr. Norman Vogelpohl appeared on behalf of lmr. Vogelpablis request fear final plat dal for Silver Bell Road near ElginegtiMS sod Cedar deems. A 50' right. ,� 5 .• • way on Silver Bell Road and utility easements were reflected on the plat. Upon • motion by Councilman Rydrych, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the application be approved. • 3 , Norman Vogelpobi requested that Silver Bell Road be surfaced tram Highway #13 to the West line of the Vogelpohi land. Upon motion by Councilman Rydrych, seconded by Councilman Wachter, it was RESOLVED the engineer's act in preparing a feasibility study be approved, that the preliminary report for Project 94 • Part 2 be accepted and approved and that a public hearing be scheduled for • June 5, 1973 at 7:30 P.M. at the Village Hall, All members voted in favor. • Mr. Donald Poupard requested the Councils reaction to a proposed restaurant on the Gulf Oil property on Silver Bell Road and Highway #13, which consists of a 54,000 square foot area. The Council indicated it had no objection to a family style restaurant on the entire site. The application of Minnesota Fence and Iron Works and Twin City Iron Works for $50,000 remodeling work in the industrial building across from the Gopher Smelting building East of Highway #49 was next presented. It was noted that there would be interior remodelling construction only. The application also was for special use permit for metal fabricating in the building. Upon motion by Mayor Polzin, seconded by Councilmen Rahn, all members voting yes, it was RESOLVED that the application for a building permit and for special use permit be approved subject however, to the Building inspector's and Village Engineer's approval. The Village Attorney read a letter from Attorney Edward NcMen p con* earning his suggestion that the street easement of as additional 17' on Dodd Road requested by the Eagan Council at the time an application for building permit was submitted by Bruce Clark, The Council stated strongly that there had been a consistent policy by the Village and the Township previously for a number of years that in the event that any type of building permit is taken out on any street in the Village that is projected for future .a grading that a .full 100' rigbt•ofeway • 6 • be requested from the a g/6cent prior to grant of tba Wilding permit. It was Snoted that this policy has been consistent through Resolution by the Council and has the effect of Ordinance, that the Village has acquired easements from all applicants in recent years and to waive the requirement now would prejudice other applicants in the past and future, The Council discussed at length the request of this applicant to wales any assessments for acquisition costs of right-off vsy in the future on Dodd Roads Consistent with the policy that it is expected that no assessments will be imposed for acquisition of right»of«vay and in light of the policy of the Council, upon motion by Coencilmen Rydrych, seconded by Council. ran Rahn, all munchers voting in favor, it was 'USW= that the request of Mr. Clark to waive the assassinate for future acquisition rigbtwof-way be denied for the reasons including those mentioned above. All members voted in favor. Upon motion by Mayor Polaris, seconded by Councilmen Smith, all members voting yes, it was USW= that the following assessment hearings be, and they hereby are scheduled for June 19, 1973 at the Villein Hall at 7130 P.M, AREA PROJSST # TUR zmimovemen 1, Timbershore 3rd & mtb Addition 98.A Sewer, Water & Storm Sewer and Oak Chase 1st Addition 2. Oak Chase let Addition 88, Part 2 Sewer 3, Cedar Gsov #5 65'A (102) Storm Sewer 4, Vogelpohl Apartments 65-A (76) Storm Lateral 5. Cedar Avenue & County Rd. #30 65-A (65) Sewer & Water 6, Silver Bell Road 65.6. (94) Storm Sewer 7. Surrey Heights #2 87 Sewer, Water & Storm Sewer 8, Cedar Grove #8 54 Sewer, Water & Storm Sewer 9, McCarthy Ridge 65.4 (68 Sewer & Water & 58, Part 3) 4 A petition signed by 23 owners in the area of Rahn Road Werth of County Road #30 was presented requesting that W Construction Company, developer of Ragan Green.Apartments, be requested to keep Rahn sled other streets of footed • 7 by construction of the apartments clear from mud sod debris. The Village Enemata Swas requested to contact the developer. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that the Cooperative Agreement for traffic signals on Cahn 23 am] CSAB 30 submitted by Dakota County be, and it hereby is approved and ordered executed. Upon motion by Councilmen Rahn, seconded by Co ecilman Wachter, all members voting yes, it was RESOLVED that a proclamation designating May 18th and 19th, 1973 as Poppy Days in the Village of Eagan was approved. Upon motion by Mayor Petals, seconded by Councilman Wachter, all members voting yea, it was MOUND that the bond issue resolution for refunding bonds in 1973 be, and it hereby is, approved and ordered executed. Upon motion by:tilman Smith, seconded by Councilmen Rahn, all umbers voting yes, it was.RESOLVED that utility contract for Eagan Green Apt., consisting of Improvement Project #112.4, Part 1 be, and it hereby is approved subject to submission of proper insurance documents and ordered executed. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting aye, it was RESCIND that the contract for Deep Well I . 3, Improvement Project #112.4, Part 2A be, and it hereby is, approved and ordered signed subject to suasion n of proper insurance documents. Upon motion by Councils= Rahn, seconded by Councilmen Smith, all members voting yes, it was RESOLVID that the tax abatatas for Eagan Park parcels consisting of Burrview Acres, Parcels #3851 and #3852 and Outlot in Valley View Plateau, Parcel # B-3159 be sect they hereby are, approved. After discussion upon motion by Councilman Wachter, seconded by Council- Rydrych, all members voting yea, it was ROWED that the Assessment Committee ifor 1973 be appointed to consist of John Marble, Arthur Rahn, Donald Knight, James Smith and Joseph Harrison. The Clerk was im $*ueeed to contact the members. 8 -w Upon motion by Mayor Polafa, seconded by Councilman Wachter, all I members voting aye, it RESOLVED that the bids for the Burow buildings and equ►ipmeat on the Alexa Duraw perk property as submitted be, and they hereby are APProved. Upon motion by Councilman CouncitmenRatma seconded by Councilmen Smith, all members voting in favor, it was RESOLVED that Change Order No. 2 for Metro Engineering of $3,740.00 relating to park improvements be, and it hereby is, approved. After submission and review of the *resolution of Mandate Heights to establish a common civil defense unit for Dakota County and upon motion by Mayor poizin, seconded by Councilman Rabe, all members voting aye, it was RESOLVED that the Village of Eagan adopt a resolution favoring the establishment of a common civil defense unit for Dakota County. . After discussion upon motion by Councilmen Wachter, seconded by Council- man Smith, it was RESOLVED that the request of the Eagan Jaycees to use Cedar Pond park, for the grant of 3.2 beer license and $200.00 donation for the 4th of July festival be, and it hereby is, approved. All members voted in favor. The Village Engineer submitted the plans and specifications for Improvement Project #121 consisting of Surrey Heights 4th b 5th Addition sewer and water impro+ tas. Upon motion by Councilman Smith, seconded by Councilman Rahn, all members voting in favor, it was RESOLVED that the plans be, and they hereby are, approved and that the advertisement for bids be published and subs.• gently opened on June 10, 1973 at 3:00 P.M. at the Village Wall. The Clerk was instructed to forward another letter to Cedar Grove Construction Company concerning the Council's request of several months ago to clean up the commercial area tat the intersection of Cedar Avenue and Highway #30. Insufficient action had been taken by the developer to date. The request of Julius Matlinaki for the relocation of a proposed restaurant with liquor license from Silver Dell Road and Highway #13 to Shawnee - 9 r Road and Highway #13 at the Ebrtbmest corner was next reviewed. Upon motion by Councilmen Rahn, seconded by Mayor Polsin, all members voting aye, it was RESOLVED that the request be granted. Upon motion by Councilmen Wachter, seconded by Councilman Rahn, all members voting aye, it was RESOLVED that the bills according to the following schedule be, and they hereby are, approved: 36,40; 1229-1269; 10596-10669. Upon motion the meeting adjourned. Dated: May 15, 1973 alt7t, f.3.,/e.i.C4_- /s/ Alyce Volk. Alyce Balks, Village Clerk . 10 ..