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09/18/1973 - City Council Regular i III MINUTES OF REGULAR MEETING OF EAGAN COUNCIL VILLAGE aF EAGAN, DAKOTA COUNTY, MINNdESGTA September 18, 1973 A regular meeting of the Council, Village of Eagan, Dakota County, Minnesota was held on September 18, 1973 at 7:00 P.M. at the Village Hall. All members were present, except Mayor Polzin who was sick with the flu. The meeting was commenced with the Pledge of Allegiance. Vice Chairman Rahn presided. Upon motion by Councilman Wachter, seconded by Councilman Smith, it was RESOLVED that the minutes of the regular meeting of September 4, 1973 be approved with the exception on Page 2, last paragraph, Councilman Wachter voted against the acquisition of the Sell park property and further on Page 4, the Project #112 assessment hearing was deleted. Upon motion by Councilman Smith, seconded by Councilman Rahn, all members voting yes, it was RESOLVED that the minutes of the special meeting of IIISeptember 11, 1973 be approved as distributed. Fire Chief Schultz appeared on--behalf of the Volunteer Fire Depart: e.z- and recommended that specifications be prepared and advertised for a new pumper truck,. Upon motion by Councilman Wachter, seconded by Councilman Smith, all mem- bers voting in favor, it was RESOLVED that the Fire Department together with the Village Engineer be authorized to prepare plans and specifications for a new pumper truck and the Clerk be authorized to advertise for bids to be received on October 13, 1973 at 3:00 P.M. at the Village Hall. Upon motion by Councilman Smith, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the Village Engineer be authorized to prepare a change order to an existing contract to pave the parking lot for Fire Hall X62. The Fire Department members present requested that efidiu a l partJ. 7A radios for the fire department at a total cost of $2,150.00 be authorized. No action was taken and the matter was held over for further review. -, 1 b. Upon motion by Councilman Rahn, seconded by Councilman Smith, all IIImembers voting yes, it was RESOLVED that the sum of $250.00 be authorized for pur- chase of chemicals for fire fighting for the Fire Department. Upon motion by Councilman Wachter, seconded by Councilman Rydrych, all members voting yes, it was RESOLVED that a resolution be forwarded to the Dakota County Commissioner's requesting that speed be reduced on Cliff Road throughout the Village. Mrs. Barbara Schmidt appeared on behalf of the Park Committee and recoe• mended that a lease be drawn for the Joseph McCarthy home in Patrick Eagan Park in the sum of $85.00 per month for rent. Upon motiot by Councilman Wachter, seconded by Councilman Rahn, it was RESOLVED that a lease be drawn by the Village Attorney for the home and be presented to Larry McCarthy. All members voted in favor. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members IIIvoting in favor, it was RESOLVED that a letter be forwarded to residents aro11-1i Woodhaven Park warning against dumping in the park, The owners of the property at 4095 South Cedar Avenue, appeared requesting a building permit for the basement of the building for restaurant purposes. Dis- cussion was had concerning the current District Court action against the Village of Eagan for ils operation of the sauna at that location. Upon motion by Councilman Rydrych, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the building permit application be ap,roved'oubject to the Building Inspector and Engineer's approval as to plans and specifications. The Chairman then announced the convening of the public hearing concerning Improvement Project No, 131 consisting of trunk water main in Kingwood Addition. The Engineer ea:plain_ed the project. There were no objections to the project IIIUpon motion by Councilman Smith, seconded by Councilman Wachter, all members voting yea, it was RESOLVED that the Improvement Project No. 131 be ordered in and that the Engineer be authorized to prepare plans and specifications. Improvement Project No. 122»A, Wescott Hills Drive street improvemenLe was next convened.ed. Two owners appeared and objected to the amount of the assessment and sug estecd that io property owners using land for single family homes be assessed for only f posed ct to them. Dr. Frs Griffin ared and stateld ute $5000 to the cost of proposed ct,Certain ps appear and indicated thaey favore project, After dission and upon motion by Councilman Rahn, seconded by Council m.an Wachter, all members voting aye, it was RESOLVED that the project be ordered in aril the Engineer be authorized to prepare plans and specifications, Mr. William Morton and Mr. Carl Dale, planner, appeared on behalf oft e Application of Mr. William Dorton concerning his public hearing to rezone and �"or PUD approval on a 39 acre parcel in the NE ' of the M] � in Section 23.. The APC recommended approval. PMr. Dale explained that certain portions of the development would depend upon development to the East and to the West. There would possibly be no public park except trails and pending area, The development area would net 6 IIIunits per acre with open green area to re;nain private public easements fo_: h ails and pond purposes. The Park Committee recommended that a trail be built and math !wined by the developers and possibly the major trails would be turned over to the Village. There was concern by the Council about committing the two northern areas to commercial at the present time as being premature. The developer indicated that there would possibly be a construction start within one year. After consi- derable discussion, upon motion by Councilman Smith, seconded by Councilman Rydr°ych, all members voting in fa'or, it was RESOLVED that the application for rezoning be approved provided, however, to the understanding that the northern portion marked Parcels A, B & C designated on the PUD layout not be firm as to zoning and that the Council at the time of the development of the property have discretion as to the use of that land which should necessarily tie in with the use of the adj .mini IIIparcels of the East and Vest. The public hearing on behalf of the application of J. E. Parranto for preliminary plat approval of Cedarvale Office Park No. 1 was next presented. Mr. Jean Perr°anto appeared. The Engineer recommended a 66 foot right-of-way - 3 .. primarily for sidewalk on the West side of Rahn Road. There were no objections to IIIthe application. Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting in favor, it was RESOLVED that the application be approved subject to the grant of 66 foot full right-of-way easement on Rahn Road. The Chairman then announced the convening of the public hearing on behal2 of the application of Ladco Corporation to rezone part of Lot 3, Auditor's Subdivision No. 38, in Section 12, from R-1 to R-4. The APC recommended approval of the rezoning only. Mr. Frank Reese appeared on behalf of the applicant and indicated that there would be 86 townhouses with 6 units plus per acre. The proposal included a 60 foot right-offloway. It was noted that the APC recommended that access to certain interior streets possibly be reviewed prior to the prelim- inary plat approval. The condominium project would be expected to commence in the Spring of 1974. There were objections by Councilmen that the developer did not IIIhave specific plans or time tables for development. Upon motion by Counciimaz Rydrych, seconded by Councilman Rehn, all members voting in favor, it was RESOLVED that the application be approved upon the condition, however, that substantial commencement of construction be started within two years of the current date and that the layout be substantially similar to what is shown on the plan with the understanding that further approval of the development including preliminary plat is required by the Council. The public hearing concerning the application of Dan Gustafson, Assoc. to rezone from I-1 to R-1, PUD and preliminary plat approval of South Hills First Addition in Section 13 lying West of Elrene Road and North of Wescott Road was next convened. The APC recommended approval. The 23,8 acre parcel would contain 39 single family lots, Upon motion by Councilman Rahn, seconded by Councilm. a IIISmith, all members voting yes, it was RESOLVED that the application for rezcning and preliminary plat approval be granted subject to compliance with all existing ordinances and further subject to park dedication pursuant to the park committee current policy being formulated at the present time. - 4 0. The applicant also submitted a request for sewer and water study and IIIupgrading of Elrene Road. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all vembers voting yes, it was RESOLVED that the request be submitted to the Village Engineer for his review and preparation of the feasibility study. Mr. Roger Nordbye and Mr. Bruce Patterson of Minnesota Valley Surveyors and Engineers appeared on behalf of the application of Dreyfus Interstate Develop- _. ment Corporation to rezone from A, Agricultural to Ra1, R-t and R-4 PUD approx- imately 121 acres in Section 14, lying West of Elrene Road and North of Wescott Road to be called "Rambling Roads". The development would consist of a total of 385 units. There was considerable discussion concerning the proposed trail con- necting the two park locations. It was also noted that certain recommendations were made by the Park Committee at its August meeting at which time the developer agreed to certain improvements in the parks. It was understood that the developer IIIwould install the trail at its expense. Upon motion by Councilman Rahn, s°z,cc ed by Councilman Smith, all members voting yes, it was RESOLVED that the application for rezoning and for preliminary plat approval be approved subject to the instal- lation of the 20 foot trail easement between two parks and that the developer install Class 5 gravel, 6 feet wide with 2 inch blacktop at the developer's expense„ The applicant also requested a feasibility study for sanitary sewer and water purposes. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting yea, it was RESOLVED that the request be forwarded to the Village Engineer for a feasibility study and report to the Council, The Village Engineer indicated that the USGS had requested the sum of $2,500,00 as Eagan's contribution to the 197341974 testing of lakes in the Village, Upon motion by Councilman Smith, seconded by Councilman Rahn, all members voting yes, it was RESOLVED that the request be granted.. IIIThe Council then reviewed the proposed Sauna Ordinance No. 47, submitted by the Village Attorney. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that the ordinance be adopted and ordered published in the Dakota County Tribune. The Village Engineer then submitted his letter dated September 4, 1973 concerning the interstate highway drainage plan relating to the Minnesota Highway Department« Upon motion by Councilman Wachter, seconded by Councilman Rahn, all members voting in favor, it was RESOLVED that the letter be approved and that it be forwarded to the Minnesota Highway Department. Upon motion by Councilman Wachter, seconded by Councilman Rydrych, it was RESOLVED that the sum of $3,349.00 for the rescue van be paid to Westdale Ford from the 1.970 fire equipment warrants, A11 members voted yes. Upon motion by Councilman Smith, seconded by Councilman Rahn, all member« voting aye, it was RESOLVED that Project No. 100-A consisting of street improvement III be accepted and the final payment of $24,917.75 be paid to Fischer Sand and Aggre` gate Company. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting aye, it was RESOLVED that Pr3 ject Nop 90 consisting of Fi's.at '_'»:^b Heights street improvements be accepted and final payment in the sum of $14,290.30 be paid to Fischer Sand and Aggregate Company. Upon motion by Councilman Wachter, seconded by Councilman Smith, all members voting aye, it was RESOLVED that the landscape plan for Northern States Power Company in Cedar Industrial Park be and it hereby is approved. The application of the Shell Station owners on Cedar Avenue for a sign permit was referred to the Building Inspector for review and recommendation. Councilman Smith and the Village Attorney discussed the proposal to be made to the Teamster's Local #320 on behalf of the Village for the public work's employees. Upon motion by Councilman Smith, seconded by Councilman Rahn, all members voting in favor, it was RESOLVED to recommend a 5% increase over the 1973 III salary schedule for all grades of public works employees. A request from Employers Insurance Company of Wausau, the Village insurance carrier, for settlement of the action entitled Jack Zwirtz vs. Village of Eagan was next reviewed. The Council determined that it would not make a . 6 MEL proposal for settlement of the action indicating that the claim did not appear III to have merit. The Village Attorney then requested some determination on behalf of the Council concerning the deferrment of assessments for lots on the North side of Tower Drive consisting of the undeveloped Martin Shields property. Upon motion by Councilmen Smith, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the assessment be deferred for three years fronthe date of the adoption of the assessment roll or until a portion of the property abutting the road is developed for sanitary sewer and water lateral assessments, whichever is first. The contract for Project No. 128-A consisting of Silver Bell Road improve ments was upon motion by Councilman Rahn, seconded by Councilman Rydrych approved subject to submission of proper insurance documents. III Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the bills as presented be ordered paid: Warrant Nos. 85 - 96; 159 - 1 .16; 11196 - 11269. The meeting was adjourned at 12:00 A.M. Dated: September 18, 1973. Alyce lke, Village Cleric, Village of Eagan, Dakota County, Minnesota • III - 7 -