06/05/1973 - City Council Regular M1NTITES OF Rain .^ EFAT:N( 07 VlI L1 GF COUNCIL
VILLAGE OF E .G.Acv', DAKOTA COUNTY, MINNESOTA
June 5, 1973
The regular meeting of the Eagan Village Council of June 5, 1973 was
convened at 7:00 P.M, at the Village Hall. Those present were Mayor Poizin,
Councilmen Rain, Smith and Wachter; absent was Councilman Rydrych.
After the Pledge of Allegiance, upon motion by Councilman Rahn,
cacond.ed by Councilman Smith, all members voting yes, the minutes of the M:ay 13
and 22nd, 1973 meetings were approved as distributed.
Police Chief DesLauriers appeared and requested a Resolution author-
izing the Police Chief to sign the training board reimbursement fund documents.
Upon motion by Councilman Smith, seconded by Councilman Wachter, all =embers
voting in favor, it was RESOLVED that the Chief be given such authority.
111 The Chief also recommended that the Springsted study for joint police
facilities with Rosemount and Inver Grove Heights be accepted and approved and
that two appointees be named to meet on a joint committee with the other
municipalities to make further recommendations. Upon motion by Councilman
T'aohter, seconded by Councilman Rahn, all members voting aye, it was RE3OLvED
that the report be accepted and approved and the Mayor appoint a council
representative together with the Police Chief for the joint committee. The
Mayor appointed Councilman Rydrych in addition to Chief DesLauriers,
Mr. Bill Branch appeared indicating that he had a request from
residents on Skyline Road that the Village grade the road due to the fact
that the Eagan park contractor had used the road for moving construction
equipment for the park on Skyline Road. Upon motion by Councilman Rahn,
seconded by Councilman Wachter, all members voting yes, it was RESOLVi•'L. the+:
the Village use its blade to restore Skyline Road back to its former csndit;ton
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but with the understanding that it not /.y.. for the purpose of takinv the road
over for maintenance. Mr. Branch also requested the generator for repair and
other purposes be authorized for the maintenance department. No . action was
taken.
Council members indicated that they received numerous complaints
concerning mud and debris on Rahn Road near the Eagan Green Apartments con-
struction project. Upon motion by Councilman Smith, seconded by Mayor Polzin,
it members voting in favor, it was RESOLVED that the Village instruct the
contractor to clean the Rahn Road area streets near the Eagan Green Apartment
comp/ex and in the event that this is not accomplished, the Village will do so
and charge the contractor.
Barbara Schmidt and Carolyn Thurston appeared on behalf of the Park
Committee and requested that the Burow buildings be torn down and removed.
Upon motion by Councilman Smith, seconded by Councilman Rahn, all members
voting yes, it was RESOLVED that the remaining buildings on the Burow property
be removed and that the debris be removed.
Upon motion by Councilman Wachter, seconded by Councilman Rahn, it was
RESOLVED that the Village of Eagan be authorized to send a representative to
ilia park turf management school at the University of Minnesota. All members
voted yes.
The Village Attorney indicated that Tony Roszak had been hired to do
the reappraisals for certain park parcels for MUD purposes but that under
current HUD regulations negotiators can not act as appraisers. Upon motion by
Councilman Wachter, seconded by Mayor Polzin, all members voted yea, it was
RESOLVED that Edward Kuntz of South St. Paul be hired to reappraise the necessary
parcels for submission to HUD,
The Mayor then announced at 7:30 P.M. the opening of the public
hearing concerning Silver Bell Road Street Improvement Project #94 - Part B.
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Joseph Kennealy requested to be incl, -4cd °,1a the pro act, Upon motion by Mayor
Polzin, seconded by Councilman Rahn, all members voting yes, it was RESOLVED
that the Project be ordered in so far as improvements on Silver Bell Road are
concerned from Highway #13 to the West line of the Kennealy property consisting
of Wuthering Heights Road. All members voted in favor.
The application of DCR Co. for a building permit for Cedarvale Liquor
store on the Southwest corner of Rahn Road and Beau d'Rue Drive on a 180' x
220' parcel was next considered. It was noted the APC meeting on June 5th,
racormmended approval of the application. An SO' right-of-way rather than the
original 66' was proposed on the plan and there would be 35 parking spaces. The
Council discussed the recommendation of the APC for a walkway along Rahn Road
and noted that the right-of-way appeared to be sufficient for that purpose,
Upon motion by Mayor Polzin, seconded by Councilman Wachter, all members voting
aye, it was RESOLVED that the application be approved subject to meeting
applicable ordinances and approval of the Building Inspector and Village Engineer.
The architect for DCR Co. also presented a proposed landscape plan
for the Applebaum-Cedarvale area, Upon motion by Councilman Wachter, seconded
by Councilman Smith, all members voting yes, it was RESOLVED that the plan ba
approved as presented.
Upon motion by Councilman Rahn, seconded by Councilman Smith, all
members voting in favor, it was RESOLVED that the request of Mr. Goss of 3955
Dodd Road for an addition to his residence be approved.
Mr. Elliott Royce appeared on behalf of his application improve the
former Richter property in Sibley Terminal Industrial Park and for an ultimate
building addition which would be leased to Allied Equipment Co. wholesale
distributor of tractor equipment. Upon motion by Councilman Wachter, seconded
by Mayor Polzin, all members voting yes, it was RESOLVED that the building
~± rmit be issued.
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A r :p esentative of D<.kot<^ Courf:y Electric Co-op appeared to propose
street lighting in developments in Eagan. The Council discussed whether to
require lighting in new developments and noted that Arnold Carolson of Wilderness
Run 4th Addition had requested street lighting. Upon motion by Councilman
Wachter, seconded by Councilman Smith, all members voting yes, it was RESOLVED
that the request of Arnold Carlson for installation of lighting in Wilderness
Run 4th Addition be, and hereby is, approved subject to the developer installing
t� poles but that the monthly cost be allocated back to the property owners.
T' e Village Engineer and Attorney were requested to make recommendations to the
Cs:,=°nci1 concerning a proposed ordinance to the ordinance in this respect.
Mr. Julius Matlinski appeared on behalf of his application for a
building perzii.t for an On-sale liquor store at the Northwest corner of Shawnee
Road and Hi.gh>aay #13. The APC recommended approval subject to certain condi-
tions. The Council expressed concern about the driveway being too close to
the Highway #13 widening, Upon motion by Mayor Polzin, seconded by Councilman
Rahn, all members voting aye, the application is hereby approved subject to
tf a Building Inspector's and Village Engineer's approval particularly as to the
set-back of the access road from Highway #13.
Mr. Don Goetzman appeared on behalf of the application of Rudon, Inc.
for a building permit for Cedar Van Lines on Lot 6, Block 1, Sibley Terminal
Industrial Park. A letter from Cedar Van Lines was to be submitted to the
Village indicating that 10 trucks total would be coming in and leaving the
property per day. The applicant did not submit a landscape plan and outside
lighting plan. Upon motion by Mayor Polzin, seconded by Councilman Rahn, all
members voting aye, it was RESOLVED that the application be approved subject
to submission and approval of landscape plan and outside lighting plan at the
next Council meeting; further subject to the Engineer's and Building Inspector's
t proval.
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Mx. Marlin Schiotmin, Genera? '.nz:ger of F.i°:child Minnesota, Inc.,
operators of WYOO and WRAH radio appeared on bhalf of its application for
building permit for an addition to the radio station building on Cliff Road
East of Cedar Avenue. The APC recommended approval subject to certain
conditions. The Village Engineer indicated a need for a 150' right•of-way on
Cliff Road and further suggested that the parking be moved back at the tire of
the development of the additional street improvements. It was further requested
::hat adequate landscape plan be submitted. Upon motion by Councilman Rahn,
seconded by Councilman Wachter, all members voting in favor, it was RESOLVED
that the building permit application be approved subject to the grant of a 75'
half right-of-way easement along the Fairchild Minnesota property and that
further subject to moving the parking may from the front yard area and outside
of the set-back area in effect at the time of the future upgrading of Cliff
Road; further that the owner comply with the ordinance set-back for parking
purposes then in existence.
Mr. John J. Kelly appeared on behalf of his application to transfer
the On•sale liquor license for the Half•Way House on Highway=#55 & #49 from
John O'Brien to Mr. Kelly. A report from the Police Chief recommending
approval of the transfer was submitted and reviewed. After consideration and
upon motion by Mayor Poizin, seconded by Councilman Rahn, it was RESOLVED
that the application be approved and the liquor license be ordered transferred,
All members voted in favor.
The application of Janice Trushenski for a special use permit to
operate Jane's Sauna on Cedar Avenue near Highway #13 was next submitted. A
recommendation of the Eagan Chief of Police dated, May 22nd recommending that
the special use permit for Jane's Sauna be cancelled in light of the investi-
gation concerning the operation of Jane's Sauna during the prior two weeks.
The Investigation indicated that the business was engaging in unlawful and
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undesirable activities and one masseuse had been charged shortly before that
time with a misdemeanor violation while employed at the sauna. M . George
Roehdler, attorney appeared on behalf of Miss Trushanski. Miss Trushenski
indicated that she had been the manager of the parlor for two years and that
on May 9, 1973 she acquired all the capital stock of Jane's Sauna, Inc. from
John Dean, Carl G. Linstrind and Bruce Lager. The application for special use
permit was dated May 16, 1973. Because of the complaints that had been
received by the Police Department and the alledged infraction of law by an
employee of the sauna who had been cited within recent weeks; the fact that no
notice of change of operator had been given concerning the operation of the
sauna by Janice Trushenski for approximately two years according to the state-
meent before the Council by Miss Trushenski; the fact that it appeared that an
attempt to change operators after May 9th by the sale of the business to Miss
Trushenski had taken place without a special use permit in effect after the
sale until the present; that the special use permit came about only because of
the request from the Police Department that a special use permit is required
according to the agreement with the owners in 1971. Further, that the Council
had taken action on May 22, 1973 to close the sauna and service had been made
according to the agreement of April 22, 1971 upon Miss Trushenski, the then
alleged operator and Mr. Lager to cease operation of the sauna. It also appeared
that changes in owners and operators had taken place at earlier times and that
the Village had not been notified of such changes. Upon motion by Councilman
Smith, seconded by Mayor Polzin, all members voting in favor it was RESOLVED
that the application for special use permit be denied for reasons including
those cited above.
Representatives of Burncrest Builders appeared regarding the proposed
px:rch.^se of lots in Lakeside Estates in the eastern portion of the Village and
proposed issuance of building permits for single family residences. It was
noted that a recent agreement was entered into between Tom Waite and the Village
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III for the development of approximately 25 lots and the understanding that no
further lots would be developed until more adequate utilities are available.
No action was taken. The Council noted that the County Shoreline ordinance
provisions would not be complied with relating to the lots along the lake.
Mr. Donald Knight appeared with a letter concerning rust conditions
in Village water in Highview Addition and requested that action be taken to
correct the problem. He also discussed the deterioration of Highview Avenue
and requested that the Village hold a hearing relating to improvements on
Iighview Avenue from Pilot Knob Road westerly. After discussion, upon motion
by Councilman Rahn, seconded by Councilman Smith, all members voting yes, it
was RESOLVED that the issue concerning Highview Avenue be referred to the
Village Engineer for preparation of a preliminary report for street improve-
ments on Highview Avenue from County Road #31 to Valley View Plateau.
Mr, Joseph Petricka and Mrs. Jackson, property owners on Lexington
Avenue in McKee Addition appeared with petitions objecting to the extremely
loud truck noise problem on Lexington Avenue. The Council after review
suggested the owners also contact Dakota County and request that restrictions
of lower speed limits be placed on Lexington Avenue because it is a County
road and offered whatever cooperation the Village could give. Discussion also
centered around the extremely loud aircraft noise in the area.
The Village Attorney indicated that he had received a call from the
Corps of Engineers indicating that the agreement between the Corps and the
Village concerning the post office bulk mail facility had again been delayed
and assured that it would be signed on Friday, June 8th and forwarded to the
Village by the next regular meeting.
Upon motion by Councilman Rahn, seconded by Councilman Wachter, all
members voting yea, it was RESOLVED that the application for sign permit by
Transilwrap at 1299 Eagan Industrial. Boulevard on the building; be, and it
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III hereby is approved.
Upon motion by Councilman Rahn, seconded by Mayor Polzin, all members
voting yes, it was RESOLVED that the 3.2 beer license for the Osman Temple
for June 2nd only, authorized by the Council by phone amongst all members, be
and it hereby is ratified.
Edward Goers and Fred Goers submitted a request for sanitary sewer
services to their property directly East of the Village Hall on Pilot Knob
Road. It was suggested that an attempt be made to involve other property
owners.in the immediate area if possible for the extension of the sanitary
sewer lines.
A letter from Attorney Dennis L. Briguette, West St. Paul, making a
claim on behalf of Jack Hatfield of 3345 Highway #55 against the Village for
the sum of $5,000.00 for the destruction of his German shepard dog by the
Eagan Police Department was submitted. The claim was forwarded to the liability
insurance carrier for the Village and the Police Department for review.
A letter from J. E. Parranto concerning the complaints by the Village
Council to Cedar Grove Construction Company relating to the debris and unsightly
condition of the commercial area near the Skelly station on County Road #30
and Cedar Avenue was read. The letter states that an attempt had been made to
remove the debris and clean up the area. No further action was taken.
A petition submitted by Gopher Smelting Company for the extension of
Yankee Doodle from Highway 049 Easterly to the Inver Grove line was referred
to the Engineer for review with the Dakota County Engineer. Upon motion by
Councilman Rahn, seconded by Councilman Smith, all members voting in favor,
the above action was taken for the reason that it is a County road.
A petition from New Horizon Homes, Inc. for utilities and street
improvements on Johnny Cake Ridge Road from Cliff Road Northerly to Mallard
Park was next submitted. Upon motion by Councilman Rahn, seconded by Councilman
Smith, all members voting yes, it was RESOLVED that the request be referred to
the Village Engineer for preparation of a feasibility study with the under-
standing that new Horizon Homes would pay the engineering fees for the prelim-
inary study in the event that the property is not rezoned or replatted and in
the event that the project is not ordered in.
Councilman Smith indicated that he had received numerous complaints
from neighbors in the area of 2101 Carnelian Lane concerning the nuisance and
unsightliness of the property. Upon motion by Councilman Smith, seconded by
Mayor Poizin, all members voting yea, it was RESOLVED that the Clerk be auth-
orized to write the owner at 2101 Carnelian Lane requesting that the property
be cleaned up and the unslightliness removed,
The Clerk was authorized to get estimates for improvements to the
Village Hall for purposes of additional office space vitally needed.
After discussion, the council directed Bill Branch and Dale Peterson
to select an employee of the utilities department to be trained as an inspec-
tor for sewer and water services. ,
A generous donation was received by Mrs. Elli Willett to be applied
toward the purchase of the new rescue van and the Mayor requested the Clerk
to write a letter to her thanking her for the donation.
The Council expressed its concern that any announcements and press
releases concerning noise abatement relating to the position of Eagan come
through and be approved by the Council before distribution.
The Village Attorney submitted a proposed Ordinance No. 46 relating
to election dates for village election on the first Tuesday after the first
Monday in November. Upon motion by Councilman Smith, seconded by Councilman
Wachter, all members voting yes, it was RESOLVED that the ordinance be approved
and published in the legal newspaper.
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Upon motion by Councilman Wachter, seconded by Mayor Polzin, all
members voting aye, it was RESOLVED that the resolution, a copy of which is
attached hereto, affixing the terms, the form and tax levies for the
$2,210,000.00 refunding bond issue of 1973 be, and it hereby is ordered approved
and executed.
Upon motion by Councilman Wachter, seconded by Councilman Rahn, all
members voting yea, it was RESOLVED that the public hearing concerning the
application of Egan Realty for preliminary plat approval of Metropolitan
Industrial Park in Section 13, be scheduled for July 3rd at 7:30 P.M. at the
Village Hall.
Consideration of proposed changes to Ordinance 16 were deferred until
after the Advisory Planning Committee has reviewed the matter.
The Council then discussed recommendations of the Planning Committee
to install a walking path on Rahn Road between County Road #30 and Beau d'Rue
Drive. After considerable discussion concerning methods of payment for the
walking path and acquisition of necessary easements for the path, upon motion
by Councilman Rahn, seconded by Mayor Polzin, it was RESOLVED that the matter
be referred to the Village Engineer for a preliminary feasibility study and
report to the Council for a walking path from the Valley National Bank to
Blue Stone Drive on the West side of Rahn Road.
The Council then reviewed the minutes of the Assessment Committee
of May 23, 1973 particularly reviewed the recommendation of the Assessment
Committee concerning assessments for road improvements on County roads. A
letter dated June 5th from the Village Attorney was submitted concerning
deferral of special assessments for road improvements and it was noted that
there was a technical problem concerning deferral of road improvements until
III a later time. There is no difficulty in deferring utility improvements,
however.
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The Village Enginser and Village-AAttornc y br.-ught the Council up-to•
date concerning- acquisition of easements on Lexington Avenue between Yankee
Doodle Road and Lone'Oak Road. 1t was noted that the County Board on June 5th
authorized the County--Attorney to acquire necessary-easements: .Upon motiotr by
Mayor Poizin, seconded .byro.-Councilman th—ativesubers voting- in favor, it
was RESOLVED that the Assessment Committee-minutes of May 23rd be, and they
hereby are approved and accepted ant that the policy recommendations of the
Assessment Committee concerning assessment for road purposes on County roads
be, and hereby is approved, recognizing however the problems of reassessment
of a later time.
Upon motion by Councilman Smith, seconded by CouncilaenWechter,. all
members voting yes, it was RESOLVED that the bills according to-tbe following
Warrant numbers be, and they hereby are, approved:, AL-through 44;
1270 through 1301; and 10670 through 10744.
Upon motion the meeting adjourned>.at. 12415-A414.
Dated: June 5, 1973.
4?z t,
Alyce Bolke, Village Clerk
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