04/17/1973 - City Council Regulart~7NUTES 0;~ REGTJL,~R 1~ETIraG OF COUNCIL
VILLAGE 0~' E~^AN, llA~'OTA COUNTY, MIN~SOTA
,~.pr~.l l7, 1.97'3
The regular meeting of the Council, Va.llage of Eagan, Dakc+ta County,
ri:+~nnesota, was held at 7:00 P,l~,, on April ].7`, 1913, at the Village Ha11. A~.l.
Council members were present, The meeting opened with the Pledge of A1leg:.anc~.
Upon motion by Councilman Wachter, seconded by Councilman Smith, all
~~~~~bers voting aye, the minutes of the April 3, 1.973 meeting w=ere approved•
Mr. James Olsen requested that his appearance be delayed until the
-~,~y lst regular meeting,.
Mr. Martin DesLauriers appeared on behalf of the Police Department and
m.Ade recommendations in response to requests for traffic signs as follows;
1, Yie~.d sign for west bound traffic on Shale Lane at Diamond Drive.
2. Stop sign on Shale Lane at Sandstone Drive
Upon motion by Councilmyz~l Ra'~n, seconded by Councilman Smith, all members
tioting fn favor, it was RESOLVED that the foregoing signs be installed.
Chief DesLauriers stated that he had received bids from several
contractors far the dispatch service improvements in the Hall. The Council
r.4;quested that he review the bids and make proposals for changes to reduce the
pLQp3sed cost.
The $uilding Inspector, Dale Peterson, appeared and discu$sed the
request that he has received far issuance of Certificates~of Occupancy for
multl.ple dwelling, industrial and commercial buildings. He indicated that
r~rd,r~^~,~^e changes in Building Code appendix would be necessary. The Council
requested that he review the proposals and make recommendations at the next
Counc~.l meeting,
l+~~abers of the Park Committee were present and submitted tabul.eted bids
on playground equipment which bids were opened on March 28, 1973 at 2;00 PAM, at
the Village Hall, Upon recommendation of the Park Committee and L'rban Plarn~.ng ~
~»xr
Design,, the lcra bidders for egtxiprten* Frps?ntad by Urban Planning and Design's
letter of April 16th, a copy of which is attached to ~:hese minutes, were upon
motion by Councilman Wachter, seconded by Councilman Rydrych approved, and bids
pursuant to that letter were awarded in the total amount of Nine t~~ousand four
hundred forty-one arn1 1djl00ths Dollars x$9,441.16} to five bidders. FUF,T~~:~
RESOLVED that all bids be rec~ivnc!+M All membexs voted aye.
It was reported that there were no formal bids in response to the
Ccuncil's advertisement in certain newspapers for the acquisition of buildings on
;.'.:e Alexa Burorr pErk property.
The Park Committee recommended that the Council pass a Resolution ~.,~~~~
favoring H, F, 660 and S.F. 82b relating to t~~SA 462~~5 8 making certain ehangAs
~.i the provision whereby developers dedicate property to municipalities for psr~:
purposes, giving the option only to the municipality as to whether the contribute
Lion sho<<ld be in cash or in land. Upon motion by Councilman Wachter, seconded
by Councilman Rydrych, all membez~s t,Yc~* ing in favor, it was RESOLVED that the
Council be on r®cord favoring the passage of K. F, b60 and S.F. 826 and that the
various legislators be notified and urged to encourage passage of the bill in the
1913 Session
At 1;34 P.M~ the Mayor announced the opening of the public hearing
cor.~erning Improve~aent Pro feet ~~114 relating to proposed street and storm surer
improvements on Lexington Avenue bet-freen Lone Oak Road and Yankee Doodle Road.
The Engineer explained the project and indicated that the post office facility
•,~ould €~ccording to the proposal pay the full amount per front foot estimated for
the Fro.iect* It was noted that Project 104 consisted of utility improvements in
the area and had been approved by the Council at an earlier meeting. It iras
further noted that tre request for the improvements had been made by the Postal
Service to C~~e County prior to the time that Eagan had become a Village and note
Eagan is required to participate on the basis of 45% to the contribution o;° 5~~
fro*~ tree County for the street improvements, Severs residential owr..ers affected
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were present objecting to the road impxoveraents and assessments, Certain prope~~ty
owners indicated that they would be paying street improvements at a higher rate
than for certain industrial property along Lexington Avenue, Formal objections
were submitted by Clarence Johnson, Stan Ketcham, Clarence Huseby, Robert Widm,~n.
eel Marvin Rahn. There was d iseusai®n about the poffisib~,lity of asseQSir~ the
residential and agriculturally tuned property on the basis of cost of concrete
curb and gutter only a~ the possibility of deferring additional. assessments for
street improvements until such tune as such parcels may be rezoned to commercial,
~.n~ustrial or multiple or used for such purposes, It was furthex noted that the
.re~~son for a reduction would be because of the high concentration of industrial
property is the area resulting incconsiderable tructc traffic at a higher degree
t'~an other protions of County Roads including Lexington Avenue and further South,
Upon motion by Councilman Wachter, seconded by Councilman Rahn, all
members voting in favor, it was RUSOLVED that the public hearing be continued
to May 1, 1913 at 7;30 P,M. to pe:sm~.*. ~:he residential owners to meet with the
County and Village representative concerning the improvements and the acquisition
of easements for the street improvement.
Mr. David Carroll of Wall Corporation and Mr, Arthur Shields, the owner,
appeared on behalf of the application of Wall Corporation for a mobile home parr
Aerr~.t in Section 13 near the intersection of High~aay #49~, Highway #63 and ~tgsco~~t
Road.. Mr. Carroll indicated that the proposal was identical to the proposal
submitted in November 1911 and would include 290 units on the b3 acre parcel, The
Council reviewed the APC minutes of March, 1973 there the Planning Coa~mittee
rec~anded denial of the application, It was noted that the Board of Supervisors
had denied a similar application in February, 1912 for aua~erous reasons cited in
the Planning Coa~nission minutes of November, 1911,
y~r. Carroll reviewed the project including the school impact and impact
on tax revenue, etc. One Councilman indicated that in his opinion real estate
taxes are not comparable where single family dwellings generally increase in va1Le
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whereas a decrease in valuation of mob~.~.e homes takes place during the life of the
mobile home, It was noted that a letter from Gold P~~edallioa Co~;poration stating
it would not ob,~ect to withdra~~al of its pexrnit for mob~,le home park pexmiC
adjacent to the proposed mobile ho~ae park area and to the West. Num~~xous propcs~ty
owners appeared strongly objecting to the ~.mpact of an additional m~hile homy P~''k
z~f the area where a substantial ~sark 3.mmediatel.y East of the ~arc~pei•ty and in
~'~uer Gtmve ~~eights is in exist.ence~ It was observed that ~:c;e mobile home park
}gas considerable room for expansion.,. The Goals & Policies lieport prepared by
~~~r~xau Planning and Design for the Village of Eagan which was submitted and
:~r. ~i.ginally dated Novenab~er, 1972 has been again reviewed by the Council and Planning
Committee where a strong recommendation has been made that mobile home parks not
re relegated to industrial sites but rather to residential sites in locations•~nt~t
obv~.ous to the general public Mrd Marvin E~ Skinner appeared as a representative
of the Ss~perintendant of F~osemount School District #196 objection to the develap«
went and estimating that there wG~4~~.3 ~e O.b to 0.9 school children per dwelling
according to their estimates. Mr. Carroll estimated tare r.~nriber at about 0,33
per h0~
A letter from Mrs, Sandra Wilkenson and l~xs, Shirley Broden, property
o~aners adjacent to the property, was read which requested that the applicatio~a ~e
denied. Other rea~ra~s cited in opposition to the permit were that the site
distance for the ~,~road is bad, there were no restrictions on the tyFe or size
of the r.~bile homes to be permitted in the park according to th® develope~~, 4t~.e
adverse ~.mpact on the school system, the fact that a recent bond issue had been
turned, dorm for additional school construction, and the general location of the
^ro~ect in relation to other development in the area
Upon mntio~i by Councilman Rydrych, seconded by Councilman Sm~.tn, all
~?mY~ers voting in favor, it was RESOLVED that the application for mobile ho:~e
park pPrait be denied for the same reasons cited by the Planning Commi~~sian in
iU'ot•~:mber, 1G71 and the Board of 5upexvisors in February, X972, for the same reasons
~~«
recited in the rlarch, 1973 Auvisory Planni`~g Cor.~aittee minutes, for the reason that
the APC recamnEnded denial of the identical project as proposed and denied in
February, 1971 by the Board of Supervisors, and the fact -that the Go41s & Policies
F~ePOrt of November, 1972 which were recently revie~~ed favorably by the Council .
and Planning Cou~nittee recommended against the location of mobile h~~e parks in
ocher than residential areas.
The Council then reviewed the recomAaendation o:~ the APC to withdraw tee
mc-bile home park permit for South Hills Trailer Court in Section 13 on land o~raec~
uy Gold Medallion Corporation located on Wescott Road and Elrene Road. It was
not~:d that the application had begin approved approximately 4 years ago and that
no de~~elopment had taken place ac~oxding to the original proposal A letter from
G~~.d Medallion Corporation dated ~!,pri1 lb, 1973 indicating that a possible FUD use
wo~-1d be rEquested for the property in the future and did not object to a revoca»
tion of the mobile park pewit was read, Upon motion by Councilman Wachter,
seconded by Councilman Rahn it w~-s R;^;~'LLVED that the mobile home park permit be
withdrawn for the reasons cited above. The minutes of January 20, 199 approving
tha rezoning to I•l, Light Industrial and with the understanding that the property
would ~+e used for trailer park purposes was the reviewed, In light o:~ the wording
of the original nwtion in 1959, Councilman Wachter and Councilman Rahn wi4hdrpw
~htyr motion an+d second and no further action was taken, It was recommended .that
if ac~:icn ware to be taken that an application be submitted to change the zo~ti~g
~,o some other ~cse,
Mr. James Frisbee appeared on behalf of his application for final plat
approval of 4a'.c Cease 2nd Addition, Upon motion by Councilman Rahn! secon;~ed by~
Councilman S:~wh, all members voting yes, it was RESOLVED to approve the applicap
Lion subject to the prep~x~stion and the execution of a derelnpment contract for
off~site improvements
Un~an motion by Councilman Rahn, seconded by Councilman Rydry~h, it wag
RESCL~,~~ that the min~~tes of the Board of Supervisors of Uctober 7, 1972 be
. ~ ,.
amended to conform with the actual motion made at that time to grant the approval
of the preliminary plat of i~arys s Addition on Dodd toad including the dedication
of a 60 foot right-of~way through the property. A11 members voted aye.
The Village Clerk submitted a Non-encroachment Agreement betc~een Eagan
and Dakota County for federal aid h~.g'nway improvements and a Grade Agreement and
a~:p~•opriate resol=scions authorizing execution of the ,~grE~ment at County Road ~~30
acrd Cedar A~renue. Upon motion by Councilman Smith, seconded by Co~~ncilman Wachter,
the Non-encroachment Agreement and the Grade Agreement were approved and ordered
e:~~sctited. A.1.1 meters voted in favor.
The Village Engineer next reviewed some recommendations made by him
concerning the most recent submission by the MinneSOta Highway Department ~ ~-
concerning the allignment of T»35E. Mrs. Bassett and Fir. Storland appeared and
discussed their property 5aut:~ of Cliff Raad and Guest of proposed I~3SE as to
access. Tt was noted also that the Higliw:~y Department requested a resolution of
the Village Council in the event ~::~ t ~-he proposed Galaxie Avenue is moved
Easterly so that no residential development be pexm~.tted between Galaxie and I-35E.
lls Vi11ag~: Attorney auras requested to contact the Highway Department concerning
;~rhether or not I-35E would be crossing the proposed park property acq~~~.5ition or,
ldtrd Darned by Bi11 Sell South of 8lackhaw*k Lattie. No action was taken on thQ
rec~~mmendation and further review will be made at a later date.
Yt was noted that a meeting with the Daltota County Highway Department
was scheduled for April 30, 193 at 7':00 P.M, at the Eagan Hall concerning ~.~~~
Dakota County Functional Highway System.
The Village Attorney stated that there was no respQns~a from the Intro
Sewer Board concerning the proposed agreement between t'~e NSB and Eagan concern~.t~g
payment of deferred sewer charges.
The Council then was asked to make nominations for two vacanci.s on
the APC whose terms expired on April 1, l°73. They are Francis De~a'~roslci and
:Tohn `~'oso. The following nominations were submitted;
• ~ w
Francis Dembroski, John Toso, ~,obert Lo~3,nski end James Horne.
It was noted each term was for a period of three years. Secret ballots
~~tere used with the following results;
1st Ballot;.
2nd Ballot:
3rd Ballot:
xt was dec1,
Cu:~mission each for a
Thy Council
Dembroski ~ 4; Losinski ~ 2; Toso ~ 2; Herne ~ Z.
Losinski • 1; Toso a;~~; Hornu ~ 2;
Toso M 3; Horne » 2;
ared that Dembroski and Toso were re»elected to the Planning
term of three years.
then considered the Village Attorney's letter of April 3rd
c;~zcer~ting Eagan's position in relation to the action in Hennepin County District
Court brought by certain municipalities against the Metro Sewer Board relating to
the Service Ability Charge CSAC). After discussion and upon motion by Councilman
Wachter, seconded iay Councilman S~ith, i,t was RESOLVED that f:he Village Attorney
be authorized to prepare the necQs~~xS~ intervention papers, All members voted ayeQ
The Council next considex~~~~~ tree proposed Franchise Agreement and ,point:
Agreement relating to the NSP T~etro Rate Authority, The Village Attorney
recommended approve]. not be given at the present time and that the Council members
~~e given an opportunity to review then in detail and consider the proposed contracts
tc~ be submitted at a later time.
i3pon motion by Mayor Polzin, seconded by Councilman Rahn, all memher$
voting in favor, it was RESOLVED that the low bid ~f Richard Knutson Construction
t;omnany for water and sewer improve~aents consisting of Improvement Fro ject ~~112»A
part in the sum of One hundred forty»six thousand, five hundred fifty-three Dollars
x$145,553.00) be, and it hereby is awarded, and that all bids for the project be
received according to the copy of the bids attached to these minutes.
Upon recommendation of the Village Engineer and upon motion by Councilma~~
Wachter, seconded by Mayor Polzin, all, members voting in favor, ft was ~'~SOLVED
that the log bid of Renner Drell Company for deep well Improvement Project ~~112•A
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Part Z-A in the suM of $31,~373.~t1 be a.nc~ it herPbv is annroved and that all b~.ds
for sRid nro~ect ?~e and th~ev hereby are received. A cony of t!ie b~.d tabulation
~.s attached to these r~~.nutes,
A sine n-err~it an~lication for Baskir.•Robbins f.or free standing sign
~'x12'x3" in Cedarvale ~honoin~ Center Teas next submitted, it R~~as noted that s.
gin ner~i.t had been annroved for ?as~:~.ns-~?ohbins or tie ~-a.skin-Robbins build~.n
at an earl:ter time. It Eras noted that the ~+ernit nronosal locatj on ~~~ould violate
the ~(~'~ foot ordinance reouirement. `To variance c-~as renuested. Upon motion b~~
tautznr_ilman smith, seconded Counci lrtan F,a'~n, all members votinr~ yes, it 1=gas RrSDL~Iu
that the aanlication he denied for the reasons that ~.Tere mentioned above and that
i.t does not a~opar necegsarv that an additional sine be granted for the tune of
business involved.
An aonlicatior. for temnorarv sign permit and for ter~porarv trailer
Hermit by Univac to bP used durinn construction of the Univac addition on pilot
T;rob Road was text revie~~~ed. I1nrn ~ot~c~n ~~v Councilt7an Rain, seconded ~~aYor
~'ol?:i.n, all ?~erbers voting yes, except Councilr~an Rvdrs~ch r~,!~o abstained, it t~Tas
R~SCLVEi~ that the application be ar~+raved.
Caunc~.lman Rvdr;~ch submitted a 'tesolutior. tatc~,ng exception to the
rreferential run-t~Tay set un by the r~etronolitan Airports Coissivn. Upon r!ot~,on
bi~ Counc~.lr~an Rndr<rch, seconded Councilman T?achter, it Teas P~ESOLVED that the Eanan
t~illa~e Counc~.l ta~~:e exception to the preferential run..~~a~r ~AThich is caus~.n~
excessive traff~.c over the. ':agars-Mendota ~aei^,hts area a.nd urged le~islat~.on
rQ~uirin~ designated rur~-~T~rav use to be based solel,v on narr~al f light selection
cMi feria, a. cony of t~~hich Resalut,ion ~.s attached to t'~ese ninutPS. It Teas further
REGOLr~ED that codes of the Resolution be sent to various legislators and rrunici-
nalities sugPest~tng that the other affected Municinglities adopt si.:~i?ar Resolu-
t:~.or_s. All members voted in favor, Yt Tras noted t'~at the Resolution T~TaS in
reactive to the riAC statement TM~ade early ~.n April that more noise car. he expected
from aircraft in the Ragan area. •~~
Councilman R.~~drvch moved and Counc~.l~?an ~nith seconded that the Villa?e
of Ewan not issue their special use nerri,its for trucl facilities or other
~.ndustr~.al uses unless there location is such as to avoid the excess~.ve amounts
of traffic according to the existing cor~~'~.tions at the time t~~e a~pl~.cat3 on is
suhm~itted anc~ that the Council not authorize such enterprises on certain streets
def~.ned in the Resolution; pursuant to a copq pf. Cie Resolution attached to these
minutes. All members voted yes.
A letter from the o~~tner of Fakes{de Estates Addition recuestinn t?~~t
she '~Alance of the subdivis~.on he permitted to be developed t~Tas anon :motion hq
Counci lr~an Rahn, seconded Councilr~.an ~r~ith, all nembers voting a~~e, it ~~as
referxed to the trilla~e Engineer and ~li3.la^e Attorney for study and revfer~r,
A letter from Cedar Crove Construction Company requestinn a special
u4e perr~it fore a s~.~n on the former Cedar Crove Utilities Com.~aanv se~~~er plant site
no~~T or.med ~~v t~^,e jlillaRe on Cedar !.venue t~ras re~~iettred. ?favor Volain moved for
~~xoval. T`he notion died for lark off: a second, t~:erefore, t~.e request ~sas denied.
A cony= of a ~'eso~.ution fxom the Annle ~~allev ~~illase Council r~,as read
Yelatina to ~F hts~ - ~?F 6C5, ~~Thich taould provide that non-registered voters could
vote on .election dat*. L~non Motion by }~~ayor ~olzin, seconded Councilr~an Tj'achter,
X1.1 *~er,hers voting vas, _ :iC eras pLES~LVFi~ ho support the Apple Valley '~.esolution
On'~t~siL!'? the shove mentioned bill and that a cony of tt~e ra~an Resolution be sent
to axes legislators.
The Council discussed the proposed ordinance chances and recon~:ended
t'~a.t further revie~a of the necessary chances take place at a later time.
After discussion, upon motion by Counc~ lMan r!achter, seconded Counc~,l-
rear. Fahn, all r~er~bers Yotinp in favor, ~.t teas R"SOLV~D that the UillaAe Council
be on record stating that the election of t'illa~e officials be scheduled each year
in the future on nenexal e~e~ttQn d~.~~ tie ff rst Tuesday after the 1st C~ordaq in'
t~ovemher of each gear. All neMbers voted ave.
_g_
The Council revie~~~ed the `li lla~;e Attorney's letter concernin~- his
recommendation that hearin~-s be held to rezone all .and acquired for nark taurnoses
top -public Facilities. The Clerk t~T2S instructed to ryather the necessary infor-
oration and resort back to the Council for further action.
The Council further discussed the need for acouisitior. of right-of_u,av
for Lexington Avenue and i~istructed the Village Enci.neer and V{llage Attorney to
t.,o~.t~ r~ith the County .Engineer and County officials for the acauisf tion of necessary
right-of.-raa~~ on Lexington Avenue for street imnroveMents.
The Council Members next reviewed the proposed Union Contract with
TeaTM~sters Local ~3~n coverin+~ ut~.lit~~ department emnlopees accordln~* to t'~e draf t
subr~itted by the Village Attorney, There uYere no objections to the draft and a
coot] was instructed to be sent to the Union for its revie~.~.
Upon motion by Counc~.lman Sr~.ith, seconded Councilman ~~acht~r, all
me~hers voting in favor, it r~~as :~~fi~}LSIF~ that the hills according; to ~~1arrants
described as follows were orderAd r~~.' d: ?.~' throuoh 31; 1154 through 1193;
1'464 through 1534,
Upon r~ot~.on the meeting Maas adiourned,
sated: April 17, 1973
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