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11/14/1972 - City Council Regular MINUTES OF SPECIAL MEETING OF VILLAGE COUNCIL VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA November 14, 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 Mayor Polzin, Councilman fahn, P,ydrych, Wachter and Smith. Notre 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 following sentence after the motion III 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." 'Upon further voting-by' Ct unc tlmaf Ilgobtet,)senginagtl blr CWW4Oiltlatt Rydtrb, ft was: RESOLVED that the Board of Supervisors minutes of October 26, 1972, and the minutes of the organizational meeting of the Village Council of November 6, 1972, were approved. All members voted in favor. Upon motion by Councilman Rahn, seconded by-fketiciSmits ltdi 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 14th IIIrelating to the study of proposed joint use of facilities by the Police Depart- ments of those communities. Mrs. Barbara Schmidt appeared on behalf of the Park Committee. The Park Committee recommended the payment of the statement submitted by Urban Planning & Design. Upon motion duly made and seconded, it was RESOLVED that the bill be ordered paid. Upon motion by Councilman Wachter, 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 Park Committee recommended that an agreement be drawn between Eagan and Enterprise Properties concerning the McKee park location and further that a survey be ordered prepared for the park parcel. Upon motion by Councilman Smith, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the foregoing reconmmenation be, and it hereby is, adopted. The Village Attorney stated that a Notice of Appeal concerning the park condemnation action relating to the Alexa Burow property on Rahn Road had been filed by the property owner. A special meeting of the Park Committee was scheduled for November 14th at 6:30 P.M. to meet with the Council to dis- cuss this matter and other Park Committee business. Mr. Sam Garsky, the Eagan dog catcher, appeared requesting that the Village furnish a truck for him for dog catching purposes. Er. Garsky 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 on behalf of his application fora building permit for construction of a PDQ Food Store at the corner of Highway 1/l3 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. Members of the Council questioned whether Mr. Shelton had plans for landscaping to the North of the property as suggested by the Planning Committee. Mr. 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 Wachter moved to accept the application with the understanding that the construction of the store could commence after the submission of a plan by the applicant for land- scaping along Highway 0_3 to be approved by the Council. The motion died for lack 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 originally 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 balance of the property would be used for in the future. Those voting in favor were Councilman Rydrych, Smith and Rahn. Councilman ?.Yachter voted no. The application of 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 21st 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 Smelting Plant on Highway #49. Mr. Jon Marble appeared on behalf of the Advisory Planning Committee and indicated that a special meeting of the Advisory Planning Committee had been held immedi- • ately previous to the Council meeting on November 14th. He stated that those present were Murphy, Hall, Helmken, Dembroski and Marble. 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 40' 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. All members voted in favor. 2. Application of Wendel Widstrom for permit to move a metal shed to 3560 Trails End Road in Wescott Garden Lots. Upon motion by Councilman Wachter, seconded by Councilman Rydrych, all members voting in favor, the request for permit was approved. 3. Herman Hertzer appeared on behalf of his request for a permit for a single family residence on Pilot Knob Road North 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 back 150 feet from the centerline of Pilot Knob Road, Upon motion by Councilman Rahn, seconded by Councilman Rydrych, all members voting in favor, it was RESOLVED that the request for the permit for 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 Knob Road measured -4- equal distance from the center of the residence; it was FURTHER 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 Store in Cedarvale Stopping Center appeared with a request for a 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 Rydrych, seconded Councilman Wachter, it was RESOLVED 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 Advertising request for a sign permit to identify the High Site property on Pilot Knob Road and High Site Drive. 6. Nordquist Sign Company sign permit for Davies Office and School Supply on the Cedarvale Shopping Center building. Upon motion by Councilman .,yachter, 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 ilescott Hills Drive. Upon motion by Councilman Rahn., seconded Councilman Wachter, all voting in favor, it was 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 North- east corner of Cliff Road and Pilot Knob Road. Upon motion by Councilman Rahn, •5- seconded Councilman Wachter, 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 park at the North- east corner of Cliff Road and Pilot Knob Road. Upon motion by Councilman Rahn, seconded by Councilman Rydrych, 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 dater Maintenance Fund. A Resolution fixing the terms and authorizing execution of the $1,115,000 General Obligation Utility Improvement Bonds of 1972 was next sub- misted. Upon motion by Mayor Polzin, seconded by Councilman Rlrych, all mem- bers voting in favor the Resolution was 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 Mayor 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 Enginee3 and Village Attorney concerning the proposed acquisition of the DCR Company park property on Rahn Road adjacent to Cedar Grove 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- Lahn, seconded by Councilman ydrych, it was L.E"OLVED that the proposed dedica- tion of the DCR Company park property according to the survey reviewed be, and it hereby is, accepted and that the Village be authorized to pay the real estate taxes on the property to be acquired covering the years 1970 through 1972 and further to absorb the special assessments as proposed in the Village Attorney's letter of October 17, 1972, subject to agreement of the property owner. Upon motion by Mayor Polzin, seconded by Councilman Rahn, it was ?.E2OLVED that the following persons be appointed to the Development Guide Committee: Park Committee - Larry Strohkirch, Barbara Schmidt and Charles Hall; Advisory Planning Committee - Jon Marble and two additional members to be selected to the Committee; all Council members. All members voted aye. A Development Guide Committee meeting was scheduled for November 15, 1972, at 4:30 P.M. The Mayor then stated that tr. Leo Murphy who had been recently elected to the Dakota County Board of Commissioners would not be replaced on the Advisory Planning Committee. The Village Attorney indicated that it was proposed to assess the High Site Apartment Complex on Pilot Knob Road for park donation, connection charge and interest on utility assessments. No 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 Council adopt a resolution to the effect that all plats brought before the Eagan Council for approval be reviewed by the County Surveyor. Upon motion by Councilman Smith, seconded Councilman Wachter, all voting in favor, it was RESOLVED that all plats submitted to the Eagan Council be reviewed by the County Surveyor for recommendation purposes only. The Village Engineer stated that complaints have been received from -7- the Chicago-Northwestern Railroad indicating that excessive water drainage was coming onto the railroad property from the Sibley Terminal Industrial Park 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- ments 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 street improvements to Kennebec Drive from Seneca Road West was referred to the Village Engineer for preparation of a feasibility study. Upon motion by Councilman Hachter, seconded Councilman Ryidrych, all members voting in favor, it was RESOLVED that the request of Inland Construc- tion Company for a feasibility study for sewer, water and storm sewer purposes to the proposed Eagan Green Apartment Complex near County Road #30 and Rahn Road be referred to the Village Engineer for report to the Council at a later time. The Clerk read a letter from Mr. Ken 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 Knob Road and Lone Oak 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 Mayor Polzin, seconded Councilman Rahn, 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 14th meeting. -8- II/ The Village Clerk indicated that she would need another office girl for secretarial work. After discussion upon motion by Councilman Rahn, seconded Councilman t?achter, it was RESOLVED 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 RESOLVED that the Village Council members be authorized to come under the Workmen's Compensation provisions`whenever Council members are acting on Village activities. Upon motion by Councilman Wachter, seconded Councilmen'Rah-n,' all members voting in favor, it was RESOLVED that Change Order No. 1 consisting of a deduction relating to the E_tgan Fire Station 02 be, and it hereby is, approved. The Village Engineer 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 Rahn, seconded by Councilman Smith, all members voting in favor, it was RESOLVED 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 were ordered paid as follows: Warrants 08576 through 08710 and 01163 through if 1102. • There being no further business, upon motion the meeting adjourned. Dated: November 14, 1972 Name Explanations Amount Vernon Adams acct. dep. refund $ 30.00 Alexander Const. Co. road, sand & gravel 331.02 Emary Alverson janitor services 150.00 B.& J. Auto Supply parts 27.27 Badger Meter water meters 421.20 Doris Bardson acct. dep. refund 9.64 Robert Bartsch acct. dep refund 30.00 Barry & Sewall paint & repair parts 375.67 Walter S. Booth & Son supplies 51.75 Bonestroo, Rosene, Anderlik & Assoc Engr. fees 1,833.54 William H. Branch Supplies 21.81 Earl Brunberg acct. dep. refund 30.00 Ronald L. Balson acct. dep. refund 28.02 Village of Burnsville evidence expense 15.00 Burroughs Corp. office supplies 67.35 Computer Election Systems Votamatic machines 7,158.00 C.N.A. Insurance Insurance 151.40 Carlson Tractor & Equip. repairs 284.27 Champion Auto Store supplies 27.76 Century Comm. Corp supplies 12.00 Chemical Bank equipment 312.89 Coast to Coast Stores supplies 15.36 Dakota Co. Court - Div.4 Bail 65.00 Treas. Dakota County Striping expense 94.71 Dakota Co. Tribune Publications 123.23 ~. & Q. Steel Fab. repairs & main. 21.55 Eagan Fire Dept. misc. expenses 866.82 Employers Ins. of Wausau insurance 1,595.40 Farwell , Ozmun, Kirk & Co. supplies 288.12 First Natl. Bank of Mp1s. Prin & Ints. 3,098.40 Craigies Gambles Store supplies 65.47 Sam Garshe dog catcher 100.00 General Communications Radio expense 18.75 Globe Pub. Co. Punting 80.60 Hawkins Chemical Inc. operating supplies 472.42 Jerry Hester acct. dep. refund 2.25 Highway Supply Co. road fill 201.64 George Hubers Stan. Serv. Auto repairs, Main. 75.70 Mark Hurd Aerial Surveys Topos 44.15 J.& J. Radiator Serv. repairs 10.50 J.& L. Blacktop Rental 30.00 Keith Illies acct deposit 30.00 Invercity Lithe Inc printing 61.25 Kerp Well Drilling Co repairs 537.50 Howard W. Kilaw acct. deposit 30.00 Allen Klingenberg acct. deposit 30.00 Knox Lumber Co supplies 12.60 Roger A. LaHaise acct. deposit 30.00 Larrys Delivery Serv delivery 13.00 Lampert Yards supplies 153.47 2obert Madson evidence expense 15.00 McCarthy Well Co, supplies $ 48.60 idwest Wire & Steel supplies 126.00 comm. of Adminestration FICA 8.69 Minn. Fire Equip supplies 23.00 Minn. Pump & Equip Co. pump 1,615.00 LeRoy M. Myran film & processing 40.60 Miller Davis Office supplies 160.50 Nelson Tire Serv. Inc. supplies 92.13 Henry A. Niemann Jr. acct. deposit 30.00 Northern Propane Gas Co. heaters 917.40 Northern States Power utilities 403.88 Northwestern Bell Tele. Telephone exp. 231.15 Northwestern Natl. Life Ins. Insurance 113.00 Nev Bilt Co. Model 715 Wagon 185.40 Paper Calmenson & Co. supplies 30.35 Payless Cashway Lbr. Std~re lumber 510.43 John B. Pelto acct. deposit 30.00 Peoples Natl. Gas utilities 135.74 Dale Peterson registration fee 5.00 Power Tools Inc supplies 5.30 Roberts Drngs supplies 5.46 Anthony Roszak conferences & testifying 200.00 Allen C. Royle acct. deposit 30.00 St. Paul Book & Sta. Office funiture 302.34 St. Paul Stamp Works stamp 3.30 Saxon Business Products supplies 6.00 "ictor H. Schauer acct. deposit refund 15.00 calland & Hauge Legal fees 1,895.00 Surgical Service Center supplies 44.50 Thomas Air Conditioning repair & service 135.50 Carolyn Thurston film 15,38 Todd Chevrolet Inc supplies 3.40 Tripp Oil Co. supplies 43.36 Urban Planning & 8esign Park Planning 2,181.25 Uniforms Unlimited Police Uniforms 1,687.88 Valley Tire Service Inc. tires 141.00 Von Paper Co. supplies 33.65 Water Products Co. water meters 1,921.23 Jerome Watenemar acct. deposit refund 30.00 Wenzel Plbg. Htg. supplies 3.08 Wilroy Co. Inc. 52.03 Roy Zeverina repairs & main. 64.50 Mary Chapdelaine Election judge 9.00 Pat Kaeder 21.50 Judith Mundahl 19.07 Judith Miller 21.82 Georgene Christenson 20.88 Eldoris Ohm 41.50 Lorraine Danielson 25.25 Frances Groff 24.25 Elaine Bezdicek 18.38 F,thel Groff " 22.75 !rgaret Black 19.07 alma Birr Election Judge $ 10.25 arol Engelbretson 20.63 Kathleen Cole 20.57 Agnes Polzin 40.00 Mary E, Harrison 6.82 Lucille J. Atwood 32.00 June R. Ketcham 24.00 Marie Lane 14.00 Anna Lou Arneson .' 38.00 Marlene Marble 22.13 Evelyn Otterness 8.13 Donna Harmson 22.13 Donna Nicolay 20.63 Caren LaBelle 22.13 Donna Sullivan 9.63 Judy Folden 9.63 Carol Vihovde 23.70 Barbara Ganzer 20.63 Barbara Schmidt 16.50 Marlene Johnson " 16.50 Marjorie Shadduck 16.50 Mary Jane La Rock 15.00 Yvonne Gaardeen 1.50 Alice Mayers 1.50 Patricia Nissen 1.50 Maureen Seavey 1.50 "'ladstone Imp Co. Fire Hall Construction 6,511.00 _,oszak Kuntz testifying 100.00 Hoffman Brothers Inc. construction costs 40,810.25 Ray Raymond condemnation award 774.54 Edna Schmidt 774.54 Wallace Brown 774.54 Mildred Lengsfeld 238.28 Melvin Brown 774.54 Evelyn Lech 238.28 Esther Plan 23°f 28 Grannis & Grannis 437.00 Northern Contracting. Co. 7'987.75 Fischer Sand & Agg. Inc. construction costs 67,061.88 John Ames Excavating construction costs 13,500.00 Austin P. Keller Const. 223,989.30 Nodlund Assoc. Inc. 23,521.50 Richard Knutson Inc. 120,824.24 Erickson Bros. Construction 67,422.92 Bonestroo, Rosene, Anderlik & Assoc. Engineering Fees 4,890.78 TOTAL $614,631.11 There being no further business, upon motion the meeting adjourned. Dated: November 14, 1972 s/ Alyce Bolke, Village Clerk I r i ~-_~ C _ __ ... ~ Fi 100 Ci olcle; ~ Val/c y fi'oacf - Mpls. 1:9n, 55~~22 ,'Tel - (G ill 54(~-42~J6 61Q0 Golden Valley Roil John S. Voss, President Minnc<;F~o!is, Minn.avta 5`d2? 'MEMO T0: Eagan Village Council and Park Cor~mitteo FROM: John S. Voss DATE: Novembor 13, 1972 SUBJECT: Mcl<ee Park Dedication The purpose of the memo is to clarify the conditions under which McKee Park is to be dedicated by Mr. Fraser. I. Mr. Fraser ~~/iII dedicate to the Village, at no cost, an approximate 7...`~ acre i~rac~t (4~i9' x 250') adjar_ent sand c,~s~i~ of ~~icl<ic 3rd Addition (or prark usc;. ?_. Mr. i=rasor w i I I ded i cats said 1-rac i~ after January I , 1973, but no I titer 1-har. f~larch I, 1973. (It is proposed that the Vi{lag~, have the tract survey~Jd and the Village Attorney draft the docur~~nt under t~hich the park is dedicated and title is recorded.) 3. The Village will grant a 40 ft, variance from the 100 ft. buffer nor-r~~3ily required on Lot b of Eagandale Canter Industrial Park No. 2, adjacen:~ .o First Street. The rerna i n i n5 GO fi•. buffer sha I I he su i tab I y I ~~ndscai~ed and bermed "i"o provide the neccasary scrc~uning. Tho 60 ft. buffer sh<~i I not be used for any structures, parking or drivorrays. The Village, in 1-he fu1-uro, may negot i at© with the proper~l-y oivncr, for ~i-he use of i h i s 60 f t . buffer as a recreational area. That shall, ho~~ovor, hav© no bearinr, upon i.ire ac~recrnont drafted at this tirra. 4. Any development on said lot b shall observe a minimum 30 ft. building and 10 ft, parking lot and driveti~iay setback from the pcr-imoter of 1-he park. l"his sha I I i n no b•~ay reduce setbacks i rnposed by the GO f t . buffer prev i ous I y described. 5. Development on Lot 7 of Eagandale Centar Industrial Park No. 2 shall observe i~he 100 ft. buffer required from residentially zoned property by the Village Toning Ordinanc©. 6~Jhere this does not apply 1'n Lot No. 7, the setbacks from ~iho park as described in above Para. 4 shall apply. ^~•u r ~,II~~ ~ h ~' J ~ ~ Z.~ r ~*~._~ }, ~, ~~~. .COURT FtOUSE HASTINGS. MINNESOTA 55033 ~ ~\ ...^.sr~r:~s`~ G Ly(V Tp~ /Y November 14, 1972 Gopher Smelting Company° ar3175 Evelyn R. Murphy ;~f3019-M2 Milton Peter. son Muriel Krueger ~~3953 Otto Holtz f~3~a72-B Funding Systems Leasing Corp. Personal Property ROF3ERT J. MEIFRS ASSESSOR TFLEPHONE~ 612-r3~7~3191 EXT. 2I r '~) Reduce assessed value from 14445 to 4444 for 1971 assessment, 1972 taxes. The build3_n~ was erroneously added to this parcel. Add blci~,. to ~~3165, remove from this parcel & reduce lard accozdingly. educe assessed value from 2000 to 1760 for 19G9, 70 & 71 assorts. Assessed for ?_Oo00 acres, really is only 17.73 acs. Reduce assessed value from 4378 to "3595 for 1971 assessment. Assessed for 7.~3 acres over actual acreage, Reduce assessed value from 132 to 80 for 1970 & '71 assents. Part of this parcel is under crater and is un-saleable Reduce assessed value from 5178 to 4277 for 1969 & 1970 assesUn~tso Acreage is actually 7,83 less than what w.as assessed. Reduce assessed value from 600 to nil far the ]_971 assessment. The equipment was removed from the premises in December of 19700 E~~ 1 ~~' .~/ G~ ~,~ ~ ~ ~