08/07/1973 - City Council RegularAGEri~A
REGULAR MEETING OF COUNCIL
VILLAGE OF EAGAN, DF.stO1'x'~ COUNTY, MINNESOTA
August 7, 1973
7:00 P.M.
1. P1Pdge of Allegiance.
2. Approval of minutes of previous meeting.
3. Fire Department business.
3a. Appl~.cation of West Seventh Street Racing Assn. for a 5p~cial Uae
permit for stock car racing on ice in Section 11 behind Donaldson Co.
4. Police Department business.
5. Utility Department business.
6. Park Committee business.
7. B~.zilding Permit applications.
8. 7:30 F.M.
R. 7:30 P.M. Public Hearing for Improvement #122, for Wescott Hills Dr~.Tre
Street Improvement.
9. 7:30 P.M. Public Hearing for Improvement #123, Water Main Zmprcvcment for
Univac Fhase Two.
10. 7:30 P.M. P~wl~.c Hearing for Improvement #1.27, Trunk Water Main on Cliff
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AGENDA, VILLAGE OF EP.GAN COUNCIL MFETI~~~~ page 2
I5. Application of Byron Watschke for review of PUD in Sections 16, 21, 28.
(Tnfoxmal)
16. Application of William C. Morton for a rezoning and PJD approval on 39.61
arras in I~E'~ of N6~1~ of Section 28. (APC recommends approval. ) (Set
Pub?.ic Hearing for A~~gust 21, 1973--7:30 P. M. ) (Formal)
17. Application of Land Planning and Engineering Corp. for Preliminary Plat
approval of Pilot Knob Heights Third Addition. (APC recommends approva~..)
(Set Public Hearing for Agusut 21, 1973--7:30 P. M. ) (Forrrtai)
18. Application of New Horizon Heroes for Final Plat approval of Timbershore
Fourth ~.ddition. (Fa:ct~al)
19. Award bids for Project #107.
20. Consideration of approval of variable annuity for Village employees.
21. Approval of Plans and Specifications for State Highway Bridge at 494
aria T.H. 13.
22. Petition of Mr. Killing for water service.
23. Consider appointment of an Eagan resident to the Dakota County Legal
Aid Eeard.
24. Considera~:ion of restrictions concerning Sauna operations i.n the Village
of Eagan. (Tnfoxmal)
25. Approve change order and final payment to Bustin P. Keller Construc::ion
Cor"~pany for Project #88, Part I, central trunk sewer. (Informal)
20. Consider char..cA in Liquor License operator for DCR Off-Sale liquor store
at Eeau d'Rue ana Rahn Road. (Informal)
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27., Set assessm?n~t hearings for completed projects.
III MINUTES OF REGULAR MEETING OF VILLAGE COUVCIL
VTLLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA
August 7, 1973'
A regular meeting of the Council, Village of Eagan, Dakota County,
Minnesota was held on August 7, 1973 at 7:00 P.M. at the Village Hall. All
members were presents The meeting was commenced with the Pledge of Allegiance.
Upon motion by Councilman Smith, seconded by Councilman Rahn, all
members voting yes, it was RESOLVED that the minutes of the Special Council
meeting of July 24, 1973 be approved; upon further motion by Councilman Rahn,
seconded by Councilman Smith, all members voting in favor, it was RESOLVED that
the minutes of the regular meeting of the Council of July 17, 1973 be approved
as distributed.
Representatives of the Eagan Volunteer Fire Department Relief Association
IIIand representatives of the West Seventh Street Racing Association appeared on
behalf of the application of the West Seventh Street Racing Association for a
special use permit for stock car ice racing on the Rauenhorst property lake
called Lone Oak Lake near the Donaldson Company building, The Relief Association
indicated that it would operate the concession and suggested that a 3.2 beer
license be issued to the Volunteer Fire Department to be used only on Sundays
during the season. Mr. Eugene H. Daly, President of the Racing Association also
appeared. Upon motion by Councilman Smith, seconded by Councilman Rahn, all
members voting yea, it was RESOLVED that the application for special use permit
for the stock car ice racing purposes on Lone Oak Lake be approved subject to
the understanding that the Racing Association provide its own first aid and
ambulance service. All members voted in favor except Councilman Wachter who
III abstained.
Police Chief Martin DesLauriers appeared and requested that stop signs
be installed near the Country Club Market on Beau d'Rue Drive on two exits.
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Mr. Patrick Geagan, an Eagan patrolman, appeared and reviewed recommen-
dations made at the State Police Confereice for increasing patrol and safety
standards for developments in the Village. It was recommended that an Eagan
patrol representative be permitted to review proposed developments including
multiple, commercial and industrial developments in Eagan to make recommendations
on safety standards. Upon motion by Councilman Wachter, seconded Councilman
Smith, all members voting yes, it was RESOLVED that the Police Department receive
an agenda for each Planning Commission and Council meeting to review and make
recommendations for safety requirements and new developments,
Upon motion by Mayor Poizin, seconded Councilman Rahn, upon recommen-
dation of the Police Chief, it was RESOLVED that a warning light upon the yield
sign at Highway #49 & #55 be recommended to the Minnesota Highway Department
because of the safety problem at that intersection and that a reso:.ution to that
effect be forwarded to the Highway Department by the Clerk. All members voted yea.
The Police Chief indicated that a growing problem existed on the Willis
Harrington property on the South border of Eagan and further review of the matter
was requested at the next regular meeting as to potential action to be taken by
the Village.
The Police Chief also submitted a proposed contract with Electro Watchman
Inc. of St. Paul for the installation of the burgulary and fire alarm system wh_ch
would be installed at no cost to the Village. There would be a $35.00 installa,..
tion charge and a $4,00 per space for other companies using the alarm panel.
Mr. DesLauriers indiciated that he had three bids and recommended the Electro
Watchman bid. Upon motion by Councilman Rahn, seconded by Councilman Wachter,
all members voting in favor, it was RESOLVED that a system be set up whereby
private businesses or firms could connect to the Eagan fire and burglar alarm
system at $100.00 per year pro-rateable during the year. Those in favor were
Mayor Poizin, Councilmen Rahn, Rydrych and Wachter; Councilman Smith voted against.
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IIIUpon motion by Councilman Rahn, seconded by Council,apt Rydrych, all
members voting yes, the Eagan Police Chief was authorized to attend the Inter-
national Chiefs of Police Association in September of 1973 at the Village expense.
rt was noted that Mr. James McGuffee was hired as Park Maintenance
Supervisor on a 6-month probation basis.
Nom. Bill Branch appeared and indicated that an accident involving Vic
Rolling in a manhole on July 27th had taken place and recommended that an auto•
matte winch be purchased for removal of employees in the event of such accidents
in the future.. Upon motion by Councilman Smith, seconded by Councilman Wachter,
all members voting yes, it was RESOLVED that Sam Tripp and David Knight be given
commendations for assisting in removing Vic Rolfing from the manhole at the time
of the accident.
Upon motion by Mayor Polzin, seconded by Councilman Rydrych all members
IIIvoting yes, it was RESOLVED that C. R. Felten & Associates be awarded the sum of
$2,000,00 for appraising 10 park parcels for HUD purposes.
Mr. John LeMay appeared and requested a building permit for a single
family residence on Dodd Road on a 5-acre parcel on the former Ed Schwanz property.
It was noted that there was a 60 foot easement that gave access to the property
and it was further indicated to Mr. LeMay that there may be future possible assess.
meats for streets and utilities in the area. Upon motion by Councilman Wachter,
seconded by Councilman Rahn, all members voting yea, it was RESOLVED that the
application be approved.
At 7330 P.M. the Mayor announced the convening of the public hearing for
Improvement Project #122 consisting of street improvements on. Wescott Hills Driven
Numerous property owners appeared some of which objected to certain aspects of
IIIthe project including blacktopping and extending improvements southerly on
Wescott Hills Drive. A letter from the operator of Orville Homes recommended
only cutting down the high points. There was a question concerning the location
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III of the paver line easements and after considerable discussion the hearing was
closed. Upon motion by Councilman Rydrych, seconded by Councilman Rahn, all
members voting in favor, it was RESOLVED that the project be denied for the
reason that the abutting owners did not appear to be in favor of the project.
The public hearing for Improvement Project #123 regarding water main
improvements for Univac Phase II was next convened. The proposal was submitted
by the Village Engineer. There were no objections to the project. Upon motion
by Mayor Polzin, seconded by Councilman Wachter, those members voting yes being
Mayor Polzin, Councilman Wachter, Councilman Rahn, Councilman Smith, it was
RESOLVED that the improvement be approved and ordered in and that the Village
Engineer be authorized to prepare plans and specifications. Councilman Rydrych
abstained.
The public hearing for Improvement Project #127 involving trunk rater
IIImain on Cliff Road East of Cedar Avenue was next opened. There were no objecv
tions to the project and no one present who was expressly in favor of the project,
except Mr. Wally Bur= representing his mother, Alexa Burow, owning property on
the North side of Cliff Road. Mr. Burow indicated that his mother favored the
project. There were questions amongst the council members concerning the
property of extending the project East of the requesting ownerts property, Upon
motion by Councilman Wachter, seconded by Councilman Rahn, those in favor being
Councilman Wachter, Rahn, Smith, Mayor Polzin, Councilman Rydrych voting no, it
was RESOLVED that the project be ordered in and approved and that the Village
Engineer be authorized to prepare plans and specifications. pursuant to the
preliminary report.
The public hearing regarding sidewalks along Rahn Road consisting of
Improvement Project #124 was next convened. The project would be located on the
West side of Rahn Road from the parking lot of the apartment complex to the
Valley Bank parking lot. There were objections by owners on the East side of
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IIIRahn Road to *_ha project opposing special assessments against their property.
After the hearing was closed the matter was taken under advisement.
The continued public hearing concerning approval of the preliminary
plat of Oak Chase 3rd Addition was next convened. Mr. James Frisbee appeared on
behalf of the application of Timberland Development Corporation. Certain property
owners in the Oak Chace area appeared and objected to approval of the plat for
the reason that certain improvements in the original area had allegedly not been
completed by the developer. The developer indicated that he would not plat any
lot with less than 25,000 square feet in the Oak Chase Addition areas. There was
some concern that the park proposed to be dedicated was largely extending the
area under the utility easement and that possibly a cash donation would be more
acceptable. After considerable discussion, upon motion by Councilman Wachter,
III seconded by Councilman Rahn, it was RESOLVED that the application for preliminary
plat approval on the basis of the proposed plat be approved. Councilmen Rahn,
Wachter, Mayor Polzin voted yes; Councilmen Smith and Rydrych voted no.
The application of Langer Construction Co. for a building permit for an
addition to Interstate Systems maintenance garage, 421 x 211, with a value of
$14,500.00 was next submitted. The APC recommended approval. Upon motion by
Councilman Wachter, seconded by Councilman Rydrych, all members voting yes, it
was RESOLVED that the application be approved.
Mt. Byron Watschke and Mr. Carl Dale, planner appleared on behalf of the
application of Byron Watschke for review of the Park Unit Development (PUD) for
Eagan 500 in Section 16,21, 20. It was indicated that a review of the FUD
concept with current revisions was intended to be explained to the Council. No
action was taken.
' illUpon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting in favor, it was RESOLVED that the public hearings concerning the
following applications be and they hereby are scheduled for August 21, 1973 at
7:30 P.M. at the Village Hall: Application of William C. Morton for rezoning
and PUD approval covering 39.61 acres in the Northeast Quarter (NEt) of the
Northwest Quarter (NW3) .of Section 28; Application of Land Planning and Engineering
Corporation for preliminary plat approval of Pilot Knob Heights 3rd Addition.
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting yea, it was RESOLVED that the application of New Horizon Homes for
final plat approval of Timbershore 4th Addition be and it hereby is approved.
Upon recommendation o£ the Village Engineer and upon motion by Mayor
Poizin, seconded by Councilman Smith it was RESOLVED that the low bid of McNamara
Vivant Contracting Co in the sum of $31,786,90 €or Wescott Hills Street
improvements, Project #107, be and it hereby is approved; all members voted yea.
The list of the bid tabulations is attached to these minutes.
The matter of a variable annuity plan for the Village employees was
tabled indefinately.
The Village Engineer recommended that the plans and specifications fora
a state highway bridge at proposed I-49!+ and Trunk Highway #13 be reviewed at the
next meeting.
The request of Mr. Kisling for water service from the municipal system
in Kingswood Addition on Pilot Knob Road south of the Village Hall.was next
considered. The Village Engineer was requested to talks to Mr. James Horne and
Mr.. Kisling and report back at the next meeting.
T:�e Council then reviewed several names submitted concerning the proposed
appointment to the Dakota County Legal Aid Advisory Board. Upon motion by Council-
man Smith, seconded by Mayor Poizin, all members voting yes, it was RESOLVED that
Mary Monahan be appointed to the Dakota County Legal Aid Advisory Board.
The Village Attorney then reviewed with the Council events concerning
the sauna operation on Cedar Avenue. It was noted that the Dakota County District
Court had ruled in favor of the Village on a motion by Janice Trushenski to
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restrain the Village from preventing the reopening of the sauna. Mr. George
Roedler, attorney representing Janice Trushnski who was the former manager of
the sauna appeared. The Council discussed in length the court decision and other
events. Upon motion by Councilman Wachter, seconded by Councilman Rydrych, it
was RESOLVED that the application for special use permit submitted for the sauna
operation be and it hereby is scheduled to be heard at the next regular meeting
of August 21, 1973 for the reason that it was not submitted prior to the time
that the current agenda was prepared and distributed. All members voted yes.
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting yes, it was RESOLVED that the final payment and change order for
Project #88, Part I with Austin P. Keller Construction Co. central trunk sewer
be and they hereby are approved and ordered paid.
A request of DCR Co. for perreission to permit Applebaum's food market
to operate the off-sale liquor on Beau cVRue Drive and Rahn Road was next
considered. There was concern that the operational manager should hold the
III license and there ought to be a transfer of license because of the difficulty of
control, possible violation of the ordinance and mniti-corporation arrangements
involved. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all
members voting yes, it was RESOLVED that the matter be tabled to the August 21st
meeting to acquire more information prior to that time.
Upon motion by Mayor Polein, seconded by Councilman Rahn, all members
voting yea, it was RESOLVED that the following hearings relating to levying
special assessments be and they hereby are scheduled for September 4, 1973 at
7:00 PrM. at the Village Hall:
Improvement Project Type of Improvement
# 112 sanitary sewer, storm sewer and water
# 100-B street
# 99 street
# 97 sewer and water
# 92 street
# 91 sanitary sewer, storm sewer and water
# 90 street
# 86 sanitary sewer, storm sewer and water
# °81 street
The Village Engineer submitted a preliminary report for Improvement
Project #117 consisting of Oak Chase 2nd and 3rd Addition sanitary sewer and
water improvements. Upon motion by Mayor Polzin, seconded by Councilman Rahn,
all members voting yea, it was RESOLVED that the preliminary report be and it
hereby is accepted and that a hearing be scheduled on the report for September 4,
1973 at 7:00 P.M. at the Village Hail; further because of the importance of
completing the project in the Fall of 1973 and that bids be awarded in the event
that the project is approved that the Village Engineer be authorized to prepare
plans and specifications for the project.
Upon motion by Councilman Smith, seconded by Councilman Wachter, it was
RESOLVED that contracts covering the following projects be and they hereby are
approved; 1973 Seal Coat Contract with Allied Blacktopping; Utilities on Lexing-
ton Avenue - Project #104 with A.J. Chromy Construction Co. subject to submission
IIIof proper insurance documents.
Upon motion by Councilman Rahn, seconded by Councilman Rydrych, it was
RESOLVED that the Change Order #1 to Project #86 in the sum of $350.74 and Change
Order #2 to Project #86 in the sum of $5,618.00 be and hereby are approved; all
members voted yes.
Upon motion by Councilman Smith, seconded by Councilman Wachter, all
members voting yes, it was RESOLVED that the final payments for the Projects
#66, 79 and 86-A be and they hereby are approved and the projects be accepted.
The Council then reviewed Improvement Project #124 concerning Rahn Road
sidewalk project. Upon motion by Councilman Smith, seconded by Councilman Rahn,
it was RESOLVED that the project be ordered in and that 50% of the cost be assessed
against the property adjacent to it on the West side and 507. to be derived from
IIIa Village fund to be determined at a later time. All members voted yes.
The Council then reviewed a proposed amendment to Ordinance #9 consisting
of changes concerning the shooting ordinance according to a proposed draft
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submitted by the Police Chief and Village Attorney. Upon motion duly made by
Councilman Rahn, seconded by Councilman Rydrych, all members voting yes, it was
RESOLVED that Ordinance No. 9 Amendment be and it hereby is adopted as submitted.
Upon motion by Councilman Rydrych, seconded by Councilman Wachter, all
members voting yes, it was RESOLVED that the sign permit for Surrey Heights at
Blckhawk and Highway #13 according to the application be and it hereby is
approved.
Upon motion by Councilman Smith, seconded by Councilman Rahn, all
members voting yes, it was RESOLVED that the sign permit application for Chateau
,,.J Ave, - L.r-)e-
Riviera on its own property a permanent sign be and
it hereby is approved.
Upon motion by Councilman Rahn, seconded by Mayor Polzin, it was RESOLVED
that the request of Mrs. Carlson on County Road #26 concerning removal of
IIIproperty stakes be referred to the Village Engineer for investigation. All
members voted yes.
Upon motion by Councilman Rahn, seconded by Councilman Wachter, all
members voting in favor, it was RESOLVED that the Village Council is on record
approving the Resolution relating to municipal state aid street systems for Eagan,
with the Resolution to be forwarded to the Minnesota Highway Department,
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting yes, it was RESOLVED to authorize the Engineer to study the
Minnesota Highway Department request for approval of the drainage system along
1-494 according to the Highway Department request and to report back to the Council.
Upon motion by Councilman Rahn, seconded by CouncilmanaSmith, all
members voting in favor, it was RESOLVED that the Minnesota Highway Department
request relating to acquiring right-of-way for widening the Northwest corner of
Highway #13 and Cedar Avenue be approved and that the investi&ation concerning the
acquisition be commenced.
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IIIUpon motion by Councilman Wachter, seconded by Councilman Rydrych, it
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III was RESOLVED that the contract with William Ross for janitorial services for the
Village Hall be approved, All members voted in favor.
Upon motion by Councilman Smith, seconded by Councilman Wachter, all
members voting in favor, it was RESOLVED that the request from the Federal
Government for refund of a portion of the Federal Revenue Sharing distribution
for the Village of Eagan, be and it hereby is appealed through the required
channels.
Upon motion by Councilman Rahn, seconded by Councilman Smith, it was
RESOLVED that the proposed street lighting contract concerning Wilderness Run
4th Addition between Dakota Electric Association and the Village of Eagan, and
developers of the addition be and is hereby is approved subject to the attorneys
review..
Upon motion by Councilman Wachter; seconded by Councilman Smith, it was
RESOLVED that the request of Terry Halverson for a permit to sell Christmas
trees at the Texaco Station on highway #13 and Cedar Avenue be approved for the
Christmas season, 1973.
The contract bids submitted by Jordan Williams as low bidder of 3 bidders
for the installation of the interior addition to the Village Hall in the sum of
$1,290.00 was upon motion by Councilman Wachter, seconded by Councilman Rahn,
all members voting yes, approved.
Upon motion the following bills were ordered paid: Warrant Numbers
1432 • 1475; 64 . 72; 10950 • 11029.
Upon motion the meeting adjourned.
Dated: August 7, 1973.
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