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04/02/1974 - City Council RegularN!IT?U3S GF A RLG',^:a,R TM~ET.~Ni. 4F T?3E C1ii CC:.''R?CIL ~;,fs",AN, I~iiT~:SCTA Arril 2, 1974 A reC~lar z~~e+_irig, of the Eagan City Council was held on A; ri.l 2, 19;~+ at t:txe G:i,t-~ t':al~.a A:.1 r~ei~'iers were present and the meeting started aC ~f>o30 r,m, Af i.er t:"alc I'.'~F~lg` of Allegiance, upon motion by [dachter, sec~?rded Smit:g, aa.? ::;~>ry~Tyc:xs t~~ot:iag z•as, it was RESOLVED that the minutes of the. Assessment Cc~4i'~'_e.e m^~t:xa^~> ci tiarcTi 12 a±ld NIarcI1 26, 1974 be approved. Upon motions 'r>y Rahn, s~:ccru?F•' Sr.~'h, al's ~nzr.:ters voting yea, it was RESOLVID that the minutes of t:xze reg<<la.~ mse~.~zg of ~IiP Coii~icil of Larch i9, 1974 be approved. M:'. Aiart~.:t Shields appeased and gave a report as Eagan's rFn*_-esa~at:a:i~~e to ti.l~ Daunt; a C~~uz`:y Courthouse Committee and submitted five suggested n~:czosals That T:ad bcc~n subx~itted to the co•3unittee relating to the use cf the ~~:.~ :~~~'-~~-°^ Coun.`;~ Co~tr`.~o~.eae ;.n i.he future. After discussion, upon motion by Folz~.z~, seco.uae3 wacritor, it was RESOLVED that the first four prcposals ea:clud~~::zg c1a~::.r:;r~ ti.or. of t; he i7uiTding submitted by Mr. Shields be acceFted and that L•he Council and o'bh~:r Lagzn residents review other possibilities .for .:.se or tI:A cou:. choczse. T'r..L ~c?liGe Chief appeared and recos~aended that the request o.*: T:otcalf Jurtior i~:? ~'~ S•^fiocl for a street light at the East e:ttrancc to t:~e prep~.,yyy bc~ deiiifd. far t:?-~e resson tlxat there: are numerous other locations in t'I:s Ci.'y ~~ri~:~ a higher priority. T!:ere was no formal Fire or Utiltry ~3epaxtv'.L:zt bu:.:;.ress. It was toted that James T~talcnY~y ;mod re:sigr,.t~l £rc~ ~:t;e P::r::. Committca Prd t.~.e follokTing persons ware r~o~:.:nated : Da~~id E~°i~ ',y James S~aitlz; Vern AIoIil:is b.~ Art Rwi"Ax>; Roder Ttaz~tsn by Ted [•7Nc.t:t:erg a:,,.i C~;~:dr_+^r P[ill~rr w~:o sutsrni.itad a it:{:r:Rr ir~di~:a"i~i~ :h:~s 'n::ex st, r::~tiziatQd by Wi.1~,i.uaz Rydrych. The Clerk wi11 ask t~.at: t?:~~ rae:r!~~.;s appea~:: or .present: rescr~~:s &* t:ie nax regular r.~eeting. The Park C~mmi*_tee recommended Mr, Greg Franzen who had been interviewed after ads had beoa publishEd in the newspaper for Partc Maim~~anance man. It WSW ~:roposed that Mr. Franzen would also serve as part-time Park nirector, T`?e Perk Committee requeste3 an additional $1,800.00 to hire Mr. Fratiz+en for the balance as 197a~, Upon mot~.on by ~•]achter, seconded Rydrych, all member~o voted yea, it was RirSC[.VED that Mr. Franzen be offered the job as Park Maintenance man and ParIc Director and that an additional $1,000,00 be budgeted to the Park Department for Mr, Frarzcns s saJ.ary for 1974, N,r. ~?rnold Troff appeared with his application for approval of the final ^l;s:. oc Mcroni Addition on Dodd Road and single family residence building permit. Upon motion by Rahn, Seconded Rydrych, all members voting in favor, it was RESOLVED that the final plat and building permit be approved. Mayor Polzin then opened the public hearings relating to assessme:~t ^r^jects. No objections were made by property owners except where specified and whi^h were apprcvad by motion as follows; • A. Imp. Project ~~88 - 4lilderness Run 4th Add., sewer improvements. P~Zotion by Rydrych seconded Rahn. B. Imp, Project ~,~94 -Silver Bell Road-Deerwood Dr., street improvements. Motion by Wachter, seconded Smith. C, Imp. Project ~~104 - Lexington Ave., water, sewer & storm sewer imp. P•2otion by Rahn, seconded Glachter. D, IWp. Project X105 Cedarvale street improvements. Motion by [•dach~er, seconded Smith, E. Imp, Project #110-A ~ LeTendre Ave. , sewer, water and storm sewer at IJniv~~~• watex main. Motion by Waohter, seconded Ryaryct~. F. Imp. Project #110-B - LeTendre Ave. & Donald Ave., street improvements Blackhawk Rd ~ Itennebec Dr., street improvements P~iotion by Smiths seconded Rahn. G. Imp. Fro;~ect X112-A ~ Ceder Grove ~~9~?0,11,12, sewer, water & storm so*Ner Motion by Waci~ter, seconded Smith. H. Imp, Project ~~120-A - ~':.loC I'nob Heights in Section 14, sewer, water, storm sewer. Motion by Rydrych, seconded Smith. -2- I. I~~. Project ~~121 - Surrey Heights ~Eth & 5th Add., rawer, ~:ater, storm suer. Alotion by Wachter, seeonued Raan. All me:~bcrs voted In favor of the foregoing assessment rolls and the rolls *.a.re or~lerEd certified to the County Auditor. lmn. Project #1~3 - Donnywood Addition, water, sewer and storm sec:er i~prove- m::~Cs. Numerous Property owners appeared and Mrs. Evelyn HuisenLruit objected to tli~ assessment on the basis that Pilot Knob Road lies 10' East of the 33' half right-bf-wa;~ and there.Eore requ3sted that 10' less frontage on the East side of Pi'.ot knob Road be assessed.. In addition, the water area assessment should be assessed at $315.00 per acre rather than $130.00 per acre for. the ind:tvidual xesidential parcels in the LeMay La1te area. Upon motioa duly made anu seconded tee hearing on Project ~~113 *aas continued until the next regular meeting. ?`he hearing concerning Imp. Project 4128-A - Silver Bell Road and De,?±-rrood ~~~ve, street surfacing was next convened. Mr. Jean Parranto appeared cn o;.half of qui~E-~i:e Trat.sport Company, an owner on Silver Bell Road lying North of liigh~~ay ~~13, and objected to the assessment indicating that property on Silver Betl F.oad ;~3s being assess~.d an excessive amount due to the fact that a pertios~ of the improvements lying adjacent to Highway ~~13 right-of-way was being spread over the 'oulance o;~ tea assessable property. Upon motion duly made and secauuvd, it 4:as F.ESOLV2ll that the matter be turned over to the Assessment Couunittee ox rECOmmen- da*_ian an3 that try hearing be continuedo The Mayor then convened the public haacirg concerning the application of Autum~.a Develora~ent, Znc. to rezcne part of Section 27 lying East of Oal< Chess Roacl, Nort:i of Cliff Road and West of Lexington Avein:e consisting of 55 acres from A - AgricultsMal to F.-1, Residential anal for prelininazy plat approval of C~aatar- bury hills t~ddition, The APC recammended approval. It was noted that a porti.n cf the deveZopmant would include dedicated parks and trails and that dedicatt.c~n of r3.ght-of-gray for Wi1c'tarness F.un Road extended would be required. The appl.icsrL -3- reviewed the proposed pazk dedication including trails. Upon motion b;~ P.ydrych seconded Rahn, all nambers voting in favor, it was RESOLVED that the appl~!cation be contin..d until the next re;ular meeting and to authorize the City Engineer to prepare a preliminary feasibility study for the upgrading of WildernesF Run Road in th~~ area in conjunction with Arnold Carlson. Dir, Kenneth Appelbaum appeared on behalf of the application of Marell, Iuc. for plan approval and building permit for a to~:snhouse project on Lot 8, Block 1, Selmark Addition near Highway ~~49. The APC recommended approval. Upon motion Ly Smith, sAconded Wachter, it was RESOLVED that the application be approved subject to subtaission and approval of the final landscape plan and donation for park purposes. All uembers voCed in favor. Mr. Edward Steinhauer appeared on behalf of the application of Edina Ergineer- ing Company for a 60' by 80' warehouse and manufacturing addition, with cost at about $45,000.00 at 3240 Terminal Drive. The APC recommended approval. Upcn motion by Rahn, secon3ed Polzin, it was RESOLVED that the application be apprcved. All members vote3 yes. is. Jean PErranto appeared on behalf of the application of Cedar: Grove Con- struction Ceapany for over-all plan approval of a 10 acre commercial property in Section 30 at the Southeast corner of Highway #30 and Cedar Avenueo The 6PC recflmmaaxded appxoval su~aject to certain restrictions. The City Engineer recommended curvature at the entrance from X30 to the service read and suggested that the service road be improved accordin; to the County Engineer's recommendation on Iii:~waj #30 and Cedar Avenue. Numerous peighhoring residents appeared and objected to the application and requested that approval not be given until the area is clear_ad up, properly plan:~ed architecturally and landscaping ar_d sc.reenin$ plans era subrzltted to the Council for approval. Certain Council members srggastnc? that a landscape plan be submitted before any building permits are granted, the CouiZCil recommended consistency in architectural exteriors and layout of the aria. -4- gt.~ra3 noted that a major building in the developn~nt would he desir€tble to set a precedo~a':, as far 4s an overall design of the area; closex~ss to single fautily residences a~,cl school were cited as needs for over-all planning; it was suggested that a berm be planned in order to adequately screen the R-1 area; that the original zoning and indications of the owner at the time of the zoning until the pxesent time was that a comprehensive shopping center would be developed on the sifie ra•~her than development individually on a single parcel basis; further that the land was platted as only one co~:ercial lot; that the developer who developed single family residences adjacent also owned the commercial property and furt~Qr it was recommended that a PUD type development be implemented on the property i:n order to adequately plan the development plan of the parcel, Upon motion by Sm3ali, seconded Rydry^_h, all members voting in favor, it was RESOLVED that the application be rejected for reasons indicated above including the fact that the drawings submitted were not intended according to Mr. Parranto to be a final plait of the area and that sufficient planning had not been accomplished on the parcel; further that there was no over-all screening plan or landscaping plan submitted by the developer, Upon motion by Wachter, seconded Smith, it was RESOLVID that the application of SoL*_hlazzd. Corporation for building permit for a 7-Eleven store on County Road ~~30 and Cedar Avenue in the Cedar Grove property described in the foregoing paragraph be continued until such time as an approved plan had been submitted by the developer of the parcel. 2~~u~c~~-~, a d. LTpon motion b;~ Rahn, seconded Rash, a:tl members voting _~ea, it was RESOLVED that the p~~.blic hearing concerning; the application of New Horizon Homes to rezone from A-Agrf.cultural to R-1 and PUD and preliminary plat approval for Trloo3ga•ta 2nd Addition in Sections 28 & 29 be scheduled for April 16, 1974 at 7:00 p.m. Upon motion by Rahn, seconded Smith, it was RESOLVED that the public hear~,nfi concerning the application of Pemtom, Inc, for preliminary plat approval of Rive:: -5- ~.: Hills 9th Addition in Se~~ion 3D be scheduled for April 16, 7.~~4 at 7:00 p.m. and that the CiL-y Engicmier be authorized to prepare a feasibility report concerning sewer and wager services to be supplied by contract with the City of Burnsville. The Council then reviewed proposed Ordinance ~~50 regulating motorized recrea- tional land vehicles other than snowmobiles. Upon motion by Wachter, seconded Smith, all members voting in favor, i.t was RESOLVED that the draft be accepted with two minor changes including Section 50,03 Subd. 1-A to add that recreational vehicles be prohi'oited on public land except in those areas that may be specifi~ call.y designated by the City Council. The following sign permit applications were submitted: 1. iJpon motion by Wachter, se~onled Rydrych, the application for Control Data sign permit on the R.L--, Johnson property on Highway ~~13 be approved. 2. Unon motion by Rahn, seconded Smith, the sign permit application for Robert Lees Restaurant on the P~obert Lee property on Cedar Avenue be approved.. 3. Upon motion by Rydrych, seconded Smith, it was RESOLVED that the applica- tion for sign permit for Valley View Apartments at the Southeast coiner of Beau d'Rue and Rahn Road be denied for the reason that it is too close to ether signs in that area pursuant to ordinance. 4. Upon motion by P.}*dxych, seconded Polzin, it was RESOLVED that the appli- cation of Warner's Hardware for temporary sign on the National Building Center site cn Yankee Doodle Road be approved. Upon motion by Smith, seconded Rahn, it was RESOLVED that the pre-trial diversion and economic crime control project submitted by Dakota County be supported by the Eagan Council according to the Eagan Police Chief's recomme*.idaL-ion, All members voted yes. TY!~ City Clerk read a resolution from the Inver Grove Heights City Counoil supporting the Eagan Land Use Guide in that it is compatible with the Inver Grave -6- Heights Land Use Guide. The next hearing before the Metro Council concerning Eagan's Gu;.de will b~ April 17, 1974 at 2;00 p. m. Upon motion} - Smith, seconded Rahn, all members voting yes, it was RESOLVED that the resignation of Harold Dickman, Civil Defense Director for Eagan be accept Upon motion by Wachter, seconded Smith, all members votin yea, it was RESOLVEi that the Eagan Board of P.eview meet on Tune 12, 1974 from 2:00 p.m, to 4;30 p.m. at the City Fall. The City Clerk indicated that the 1973 Legislature had increased the permitted mileage allowance for municipal employees. Upon motion by Smith, seconded Rehn, ~~,1 members voting in favor, it was RESOLVED that the city employees using private autos be allowed 12r per mile for mileage allowance for Eagaa business purposes, Upon motion duly rsade and seconded it was RESOLVED that the 1973 real estate tax on Parcel 3049A consisting of park property acquired from John O'Toole in the sum of $348.95 be ordered pa id by the City. The City Engineer then reviewed a letter from the County Engineer regarding proposed revisions to Cedar Avenue South of Highway ~~13 requesting that a contract be entered into between the county ar~d the city providing for payment of 45% of the improvement costs in the sum of $13,985.00 and $5,000.00 contribution toward a revised s~~naphore signal. The City Council indicated that it was not in agree- ment with the proposal of the Dakota County Engineer and the recommendation of t'~e Dakota Coun*_y Commissioners and the City Council favored cutting off the left turn lanes into Cedarvale Drive end the Standard station because of the extreme poten- tial safety hazard problems. It was recommended that Mr, Gabiou and Mr. Anderson appear at the,~next Council meeting and discuss the issue further. Thy Ci~y Attorney submitted a proposed deterred compensation plan for City Employees and officers, Upon motion by Smith, seconded Rydrych, all members voting in favor, it was RESOLVED that the plan as submitted be approved and adapted. ..7. The City Attorney also submitted a resolution recommending that the Park acquisition from Martin Shields near Pilot Knob Road and Lone Oak Road be stricken from the Eagan - HUD acquisition contract for the reason that HUD had concurred in prices for all other parcels included in the contract in an amount in excess of the contract award. Upon motion by Smith, seconded Glachter, all members voting yea, it was PESOLVED that the xesolution be approved and submitted to HUD with the understanding that the balance of the HUD funds would not be ~ 3eopardized because of the exclusion of Martin Shields property. Upon motion duly made and seconded it was RESOLVED that the following bills as presented be ordered paid ; ~~189 through ~~190; ~~2171 through ~~2214; ~~12I71 ,,. through ~~12333. Upon motion tre meeting ad3ourned at 12:15 p.m. Dated: April 2, 1974 -8-