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11/14/1972 - City Council SpecialMINUTES OF SPECIILL MEETING OF VILIAGE COUNCIL VILLAGE OF EAGAN, D.4ItOTA CG'JNTY, T;SNNESOTA November 1G., 1972 A special meeting of the Village Council, Village of Eagan, Dakota County, Minnesota, was held on November 14th at 7:30 P.M., at the Village Hall. Those present were Nayor Polzin, Councilman _^.ahn, P,ydrych, Gdachter and Smith. None were absent. The minutes of the Board of Supervisors meeting of October 17, 1972, were upon motion duly made and seconded approved with the following exceptions: On Page 2 of the minutes in relation to the appointment of the members of the Park Committee, the members were appointed for current terms as defined in the Park Committee Ordinance. On Page 5 the follo~•ring sentence after the motion was revised to read as follows: "19. That another Petition signed by resi- dents of Eagan was filed with the Commission following filing of the Petition for Incorporation opposing the incorporation of Eagan as a Village." ~,p~on further motion• by C'ounc~L9anan ~Ta~ht~er,; s¢c+t~nde~d by Cv~3~ilYaau Ryd~tch, it was:RESOI,VED that the Board of Supervisors minutes of October 26, 1972, and the minutes of the organizational meeting of the Village Council of November b, 1972, were approved. All members voted in favor. Upon motion by Councilman Rahn, seconded by Cou~ci~an Rath, it was RESOLVED that the schedule of recommended abatements from the Dakota County Assessor according to the attached list be, and it hereby is, approved. All members voted in favor. Police Chief Martin DesLauriers appeared and reported that the first meeting between Rosemount, Inver Grove and Eagan was held on November lt~th relating to the study of proposed jaiat use of facilities by the Police Depart- ments of those communities. rirs. Barbara Schmidt appeared on behalf of the Park Committee. The Parlc Committee recommended the payment of the atsatement submitted by Urban Planning & Design. Upon motion duly made and seconded, it was RESOLVED that the bill be ordered paid. Upon motion by Councilman Glachter, seconded by Mayor Polzin, all members voting in favor, it was RESOLVED that Bill Branch be directed to pro- ceed with the hiring of a part-time employee for the Park Department. Mrs. Schmidt further indicated the Paric Committee recommended that an agreement be drawn between Eagan and Enterprise Properties concerning the I~icKee park location and further that a survey be ordered prepared for the park parcel. Upon motion by Councilman Smith, seconded by Councilman t~Jachter, all members voting in favor, it was RESOLVED that the foregoing recommenation be, and it hereby is, adopted. The Village Attorney stated that a Notice of Appeal concerning the park condemnation action relating to the Alera Burow property on Rahn oad had been filed by the property owner. A special meeting of the Parl: Committee was scheduled for November lt~th at 6:30 P.~~. to meet with the Council to dis- cuss this matter and other Parlc Committee business. rir. Sam Garslcy, the Eagan dog catcher, appeared requesting that the Village furnish a truck for him for dog catching purposes. r:r, Garslcy was told that there are no funds in the budget for .this purpose and suggested that he return to the Council at a later time concerning the matter. Mr. James D. Shelton appeared vn behalf of his application for a building permit for construction of a PDQ Food Store at the corner of High~~aay f13 and Silver Bell Road on property formerly owned by Gulf Oil Corporation. It was noted the APC recommended approval subject to conditions. Mr. Shelton stated that he was not sure whether the store would be open on a 24 hour per - 2- day basis. P-Sembers of the Council questioned rihether N,r. Shelton had plans for landscaping to the North of the property as suggested by the Planning Committee. Nr. Shelton stated that he had no specific plan for this purpose. It was further noted that this was the second change from the plan that was presented at the time of rezoning of the approximately three acre parcel. There was a good deal of concern expressed by the Council members as to what type of use would be put to the balance of the property. Councilman ?Iachter moved to accept the application with the understanding that Che construction of the store could commence after the submission of a plan by the applicant for land- scaping along Highway ~;,~13 to be approved by the Council. The motion died for laclt of a second, It was further noted that there was not 250 feet along the balance of the property which is the minimum for a filling station site and further that the special use permit oriinally granted for a filling station had expired. Upon motion by Councilman Rydrych, seconded by Councilman Smith, it was moved that the Council deny the application until an overall plan of the approximately three acre parcel is submitted due to the above reasons, the changes in the layout of the parcel because of small size and the difficulty to predict what the 'oalance of the property would be used for in the future. Those voting in favor were Councilman F~ydrych, Smith and Rahn. Councilman t~achter voted no. The application or NCI North Central States, Inc. and Helen Armagost for a building permit and for a specialuse permit for a communications tower on the Armagost property South of Cliff Road was continued to the November 2.lst regular Council meeting. The following building permit applications were received and acted upon: 1. Gopher Smelting Company for a building permit for construction -3- of a concrete block addition to the Gopher ^melting Plant on Highway ~ik49. ir. Jon Marble appeared on behalf of the Advisory Manning Committee and indicated that a special meeting of the Advisory Planning Committee had been held immedi- ately previous to the Council meeting on November 1[;.th. He stated that those present were Murphy, Hall, Helmken, Dembros~;i and I•farble. Absent were Toso and Harrison. He stated that upon motion by Helmken, seconded by Murphy, it was recommended that the application of Gopher Smelting Company be approved subject to the Engineer and Building Inspector's approval. It was noted that the ~0' x 80' addition consisting of 3,200 sq. ft. would cost approximately $18,000. After review and upon motion by Councilman Rahn, seconded by Councilman Smith, it was RESOLVED that the application be approved subject to the submission of a formal application and the approval of the Engineer and Building Inspector. Fill members voted in favor. 2. Application of :Wendel 4Jidstrom for permit to move a metal shed to 3560 Trails End Road in i~7escott Garden sots. Upon motion by Councilman 'Iachter, seconded by Councilman ~;ydrych, all members voting in favor, the request for permit was approved. 3. Herman Hertzer appeared on behalf of his request fora permit for a single family residence on Pilot Knob road Ilorth of the Apple Valley Village line, A request from the Dakota County Engineer's Office for a 75 foot half right of way was presented. It was also suggested that the property owner set his building baclt 150 feet from the centerline of Pilot Knob P.oad, Upon motion by Councilman F.ahn, seconded by Councilman P.ydrych, all members voting in favor, it was RESOLVED that the request for the permit Eor the single family residence be approved subject of its being set back 150 feet from the centerline of the existing right of way and further the dedication of a 75 foot half right of way for a distance of 150 feet along Pilot I:nob P.oad measured -4- equal distance from the center of the residence; it was FURTHEP. RESOLVED that the excavation and footing may be permitted to commence and at such time as the location of the proposed easement is determined by the property owner that the building permit could then be issued. 4. Mr. Craige the owner of the Gamble More in Cedarvale Stopping Center appeared with a request fora 20' x 50' addition at the rear of the store. It was noted that he did not present plans and specifications nor an application. After considerable discussion upon motion by Councilman P.ydrych, seconded Councilman ?Jachter, it was PESOLVED that the request for the permit for the addition be approved to permit the owner to commence the construction by laying the concrete slab at the earliest possible time subject to submission of an application and further subject to submission of detailed plans and specifications for approval by the Building Inspector and Engineer. Councilman Smith voted no. 5. Kaufman Outdoor tidvertising request for a sign permit to identify the High Site property on nilot :Znob Road and Hi ;h Site Drive. 6. Nordquist Sign Company sign permit for Davies Office and School Supply on the Cedarvale hopping Center building. Upon motion by Councilman iJachter., seconded Councilman Smith, all voting in favor, it was RESOLVED the foregoing two sign permit applications be approved. 7. Orvilla Homes, Yankee Doodle Road and T:'escott Hills Drive. Upon motion by Councilman Rahn., seconded Councilman TJachter, all voting in favor, it was RESOLVED that special use permit for Orville Homes be, and it hereby is, extended for an additional year. The Village Attorney submitted the proposed Purchase Agreement for the purchase of approximately 25 acres for a well site and parlc at the North- east corner of Cliff Road and Pilot Knob Road. Upon motion by Councilman Rahn, -5- seconded Councilman ?lachter, all voting in favor-, it c•~as RESOLVED that special use permit for Orvilla Homes be, and it hereby is, extended for an additional year. The Village Attorney submitted the proposed Purchase Agreement for the purchase of approximately 25 acres for a well site and park at the P3orth- east corner of Cliff Road and Pilot I:nob Road. Upon motion by Councilman Rahn, sPC~nded by Councilman I'.ydrych, all members voting in favor, it was RESOLVED that the Purchase Agreement be, and it hereby is, approved and ordered executed by the appropriate officials and that the fund for the acquisition be provided from the Sewer and ??a ter P4aintenance Fund. A Resolution fixing the terms and authorizing execution of the $1,115,000 General Obligation Utility Improvement Bonds of 1972 was next sub- witted. Upon motion by P~iayor Polzin, seconded by Councilman R~drych, all mem- bers voting in favor the P.esolution wss approved and ordered executed. The Council next reviewed the rules of procedure that had been adopted by the Board of Supervisors in 1969 governing the procedure for Board of supervisors and Planning Committee meetings. Upon motion by Councilman Rydrych, seconded by Tiayor Polzin, all members voting in favor, it was RESOLVED that the rules be adopted as procedure for the Village Council and Advisory Planning Committee meetings with changes to provide that all persons wishing to be scheduled on the agenda for any meeting file with the Village Clerk the written application not less than 11 days prior to each meeting. The Council then reviewed the recommendation of their Village Engineef and `tillage Attorney concerning the proposed acquisition of the DCR Company pare property on Pahn Load adjacent to Cedar :rove No. 6 Park. A letter from the Village Attorney concerning a proposal to pay certain real estate taxes and absorb certain special assessments was reviewed. Upon motion by Councilman -6- I,ahn, seconded by Councilman :~.ydrych, it was ~'.P"OLVED that the proposed dedica- lion of the DCP. Company pail: property according to the survey reviec~~ed be, and it hereby is, accepted and that the Village 'ae authorized to pay the real estate ta;ces on the property to be acquired covering the years 1970 through 1,72 and further to absorb the special assessments as proposed in the Village E:tto-rney's letter of October 17, 1972, subject to agreement of the property owner. Upon motion by I•iayor Polzin, seconded by Councilman F.ahn, it c~a~ ^r~OLVcD that the followin persons be appointed to the Development Guide Cor~rnittee: Parl: Committee - Zany Strohlci1-ch, iarbara Schmidt and Charles Fiall; t;dvisory Planning Committee - Jon r:arble and two additional members to be selected to the Committee; all Council ttiernbe~s. E~11 members voted aye. A Development Guide Committee meeting was scheduled for November 15, 1972, at •' <<..,0 P,Ti. The P.iayor then stated that A;.r. Leo i:urphy cJho had been recently elected to the Dakota County Poard of Commis"ioners would not be replaced on the Eidvisory Planning Committee. The Village !'attorney indicated that it was proposed to assess the H=gh ite Apartment Complex on Pilot I;nob P.oad .for park donation, connection charge and interest on utility assessments. i~1o further action was taken. The Village Engineer'stated that a letter had been received from the County Surveyor and the County Engineer recommending that the Eagan ~;ouncil adopt a resolution to the effect that $11 plats brought before the Eagan Council for approval be reviewed by the County purveyor. Upon motion by Councilman Smith, seconded Councilman i?achter, all voting in favor, it was EOZVED that all plats submitted to the Tagan Council be reviewed by the County Surveyor for recommendation purposes only. The Village %nginee-r stated that complaints have been received f~om -7- the Chicago-Northwestern P~ailroad indicating +.:.hat excessive water drainage teas coming onto the railroad property from the ~~ibley Terminal Yndustrial Parlc area. Upon motion by Councilman Smith, seconded Councilman Rahn, all voting in favor, it was RESOLVED that the railroad be contacted to request whether it wanted a feasibility study to be made concerning proposed storm sewer drainage improve- meets in the area with the possibility that the railroad be assessed for some benefits. Upon motion by Councilman Rahn, seconded Councilman Smith, all members voting in favor, it was RESOLVED that the request of Capp Homes for sheet improvements to Rennebec Drive from Seneca Load t-lest was referred to the Village Engineer for preparation of a feasibility study. Upon motion by Councilman "?achter, seconded Councilman P.ydrych, all members voting in favor, it was P.ESCLVED that the request of Inland Construc- tion Company for a feasibility study for secaer, era ter and storm sewer purposes to the proposed Eagan Green Apartment Complex near County Road ~~30 and iahn ;oad be referred to the Village Engineer for report to the Council at a later time. The Clerk read a letter from T~Ir. ICen Anderson, the Dakota County Traffic Engineer, indicating that a report will be submitted to the County Board in approximately two weeks concerning stop signs at Pilot I:nob Road and Lone Cak Road. The Village Accountant recommended through the Clerk that the minutes of the Village Council meetings be published for the balance of 1972 to avoid a detailed accounting report. Upon motion by P~iayor Polzin, seconded Councilman F.ahn, all members voting in favor, it was recommended that the minutes of the regular meetings of the Eagan Council be published in the legal newspaper for the balance of 1972 beginning with the November 1~th meeting, -g- The TJilla~e Clertc indicated that :,he c•~ou1d need another office irl for secretarial worts. f~fte~ discussion upon motion by Councilman ^ahn, seconded Councilman 'yachter, it was P,ESOLVED that the Clerk be authorized to hire an additional office secretary. The motion was adopted. Upon motion by Councilman Smith, seconded Councilman .yachter, all members voting in favor, it was PESOLVED that the Village Council members be authorized to come under the T7orkmen's Compensation provisions whenever Council members are acting on Village activities. Upon motion by Councilman ;~3achter, seconded Councilman Rahn, all members voting in favor, it was RESOLVED that Change Order No. 1 consisting of a deduction relating to the i_,gan sire Station `2 be, and it hereby is, approved. The Village Ennineer recommended that the Council adopt a policy providing for a minimum charge for service stubs including sewer and water for future purposes. Upon motion by Councilman P•.ahn, seconded by Councilman Smith, all members voting in favor, it was P,ESOLVED that a minimum charge of ;100 for either sewer or water stubs at the standard size be adopted for future purposes. Upon motion duly made and seconded all current bills of the Village ~,rere ordered paid as follows: ?Jarrants v''a576 through ~~8710 and yf1163 through ;k11~2. ~fihere being no further business, upon motion the meeting adjourned. Dated: November 14, 1972 ->, ~