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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 ~, , .. 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) Y Rn a ...M A" 1 t T Y 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. . 1 - 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. ‘11.I M==I.. I I I I I I.I I Il. w 2 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 .. 3 .. 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 - 4 - 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 .. 6 . 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 - 84. 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. - 9 - IIIUpon motion by Councilman Wachter, seconded by Councilman Rydrych, it III 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. - 4-e- - - _ 10