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07/17/1973 - City Council RegularAG~VDA REGULAR MEETING OF COUNCIL VILLAGE OF EAGAN, D~AKO~iA COUNTY, MINNESOTA July 17, 1973 b:30 P.M. Board of Appeals 1. Application of Ralph Reiter fora variance from ordinance #10 for a building permit. ?. Application of Ken Appelbaum for a variance from ordinance #10 for a building permit. 7:00 P.M. Council Meeting 1. Pledge of Allegiance. 2. Approval of minutes of previ©us m,;eting. 3. David Lundsten, Medical Com~r~itt^e report. 4. Police Department business. 5. Utility Department business. 6. Park Committee business. 7. Building Permit applications. 8. Trailer Permit applications. 7:30 P.M. 9. 7:30 P.M. Public Hearing for Preliminary Plat approval of Oak Chase, Third Addition. 10. 7:30 Public Hearing for rezoning of part of the SW~ of the SW~ of Section 28 from A, Agricultural to R-4, Residential Multiple. 11. 7:30 P.M. Public Hearing for Preliminary Plat approval of Woodgate Addition, northeast corner of Johnny Cake Ridge Road and Cliff Rd. 12. ?:30 P.M. Public Hearing for application of Arno Troff for rezoning of 7.8 acres in NEB of SEA, Section 36. l3. 7:30 P.M. Public Hearing application of Arno Troff for Preliminary Plat approval of Moroni Addition. 14. 7:30 P.M. Public Hearing for vacation of Jurdy Road. .., Y. ~7 AGENDA, VILLAGE OF EP,GAN page 2 15. 7:30 P. M. Public Hearing for Improvement #111, street improvements for $lackhawk Read and Kennebec Drive. 16. Application of Ralph Reiter fora variance from ordinance #10 for a building permit. APC recommends approval. (Formal) I7. Application of Ken Appelbaum far a variance from ordinance #10 fora buildirn~ permit. APC recommends approval. (Formal) 18. Appearance of Janet Berquist with a petition requesting a municipal civil defense director. 19. Consideration of approval of a variable annuity for village employees. 20. Approval of Plans and Specifications of Improvement #120A, Pilot Knob Hgts sewer, water and storm sewer for Wescott Square. 21. Approval of Plans and Specifications for Improvement #113, sewer anc~ water to Donnywood Addition and LeMay Area. 72. Approval of Plans and Specifications for Deep Well #3 pumphouse. 23. Approval of plans for Silver Bell. Road street improvement. 24. Award bids for 1973 seal coat project. MINUTES OF REGULAR MEETING OP COUNCIL ill VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA O':A July 17, 1973 The meeting of the Board of Adjustments and Appeals of the Village of Eagan, Dakota County, Minnesota was held at 6130 p.m. Those present were Rahn . Smith, Rydrych, Wachter, Polzin and Hall,' Mr. Adrian Herbst appeared on behalf of the application of Ralph Reiter for a variance from Ordinance No. 10 for a building permit, It-was noted that the Planning Committee recommended approval subject to certain conditions. Mr. Herbst indicated that the applicant would agree that when the surrounding area is platted that the owner of the property subject to the variance would also plat his property, It was further noted that a 20 foot street eaaement,on the easterly line of Rasmussen's Addition is a part of the prat. Mr. Byron Watschke, who was present, indicated he would grant 4-40160 easement along the West line of his property adjacent to the 20 foot easement. for access to the parcel in question to complete a 60 foot easement. Upon motion by Councilman Wachter, seconded Councilman Rahn, all members voting yes, it was RESOLVED that the application be recommended for approval Subject to submission of the proper description and dedication of the necessary 60' foot total street easement, Mr. Kenneth Appelbaum appeared on behalf of his application for variance from Ordinance No. 10 for building permit on 2 lots on the Meat side of Donald Circle on a one acre parcel for a change of lot lines in the variance in the public street access requirement. The Planning Committee . recommended approval. Upon motion by Councilman Rahn, seconded Councilman Smith, all members voting yes, it was RESOLVED that the application be recomo tended for approvalt At 7;00 p,m,, the Mayor announced the convening of the regular meeting of the Village Council. After the Pledge of; ogiance, upon motion duly made by Councilman Wachter, seconded Councilman Rydrych all members voting yes, it was RESOLVED that the minutes of the previous meeting be approved subject to the following changes: On Page 2, the sign permit for Wilderness Run Addition should have included approval of one sign on the applicant's property and the balance to be reviewed by the Building Inspector and the Council at the next meeting; further that the top of Page 6, Councilman Wachter voted against approval of the Lexington Avenue improvements. Mr. James Olson of Juran and Moody presented debt service projections for the water system improvements for the Village. No action was taken, Mr. David Lundsten and members of the Eagan Medical Committee submitted their report and reviewed the report concerning medical facilities for the Village of Eagan. Mr. Steve Kumagai, Executor Director of Associated Capitol Hospitals, Inc. also appeared. It was indicated that there was an option for Cedarvale Clinic location and an attempt is being made to acquire medical personnel. The Mayor thanked the committee for serving. It was suggested that there may be a need for a site for a future hospital facility in Eagan. Upon motion by Councilman Wachter, seconded Councilman Rydrych, all members voting yes, it was RESOLVED to accept and to approve the report as submitted; that the committee continue to study the area of health care in Eagan and make necessary studies and recommendations to the Council periodically and to approve the basic concepts contained in the Hospital Committee Report of May 14, 1973; be it further RESOLVED that the Council intends to support Associated Capitol Hospitals in its efforts to establish outpatient services, and possible long range planning for a hospital in Eagan. Mr. William Schultz, the Fire Chief, distributed a proposed fire fighting equipment analysis prepared by Juran and Moody,. Upon motion by Councilman Rydrych, seconded Councilman Wachter, all members voting yea, it was ..2. • RESOLVED that the fire Chief proceed with further plans and specifications toward acquisition of fire equipment in the next several year time span. . Pastor Borgschatz appeared with an application for a sign permit on the LCA property at the Southeast corner of County Roads #30 and #31 for a 4' x 4' sign. Upon motion by Councilman Rahn, seconded Councilman Smith, the application was approved and the building inspector was asked to check the location of the Wilderness Run sign South of the proposed church sign. Mr. Ronald Swanson of 4070 Mica Trail appeared with an application for variance from the rear lot setback of 15 to 10 feet for a garage on his property. Upon motion by Mayor Polzin, seconded Councilmen Rahn, it was RESOLVED that the application be approved subject to the approval of his neighbor on that lot line; further subject to the approval of the Planning Committee and that the appearance before the Board of Adjustments be waived because of the hardship involved. Mrs. Recie appeared and requested the sign permit for her shop on Highway #13 be extended beyond July 1, 1973. Upon motion by Councilman Smith, seconded Councilman Rahn, all members voting yea, it was RESOLVED that the application be approved for an additional one year period from July 1, 1973, Barbara Schmidt appeared on behalf of the park committee. Upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting yes, it • was RESOLVED that the statement from Urban Planning and Design with recommended changes in charges toward certain funds, be and it hereby is approved. It was recommended that the survey for the proposed William Sell and Timberline Park parcels be prepared by Del Schwanz. Upon motion by Councilman Wachter, seconded Councilman Smith, all members voting in favor, it was III RESOLVED that cost estimates for appraisals on the necessary parcels for MUD purposes be and they hereby are ordered to be submitted to the special meeting o€ the Council on July 24th. • .3.. Mrs. George Johnson appeared and requested that a permit for a mobile home on her property on County Road #30 and Dodd Road be permitted for one additional year. It was noted that a trailer had been located on the property for several years and that a new renter had placed the trailer on her property about two years ago at 4280 Dodd Road. Upon motion duly made and seconded it was RESOLVED that the trailer be allowed on the property for one additional year and that the matter be reviewed by the Council at that time. Mr. Robert Wills appeared and requested that the mobile home on his industrial property at Highway #49 & #55 for an employee be renewed. Upon motion be Councilman Wachter, seconded Councilman Rydrych it was RESOLVED that the application be approved for one additional year. All members voted yea. Mr. Robert Burger appeared on behalf of his application of New Horizon Homes to rezone part of the SW's of the Mt of Section 28 from A-Agricultural to R-4, Residential Townhouse and for preliminary plat approval of Woodgate Addition at the Northeast corner of Johnny Cake Ridge Road and Cliff Road. The APC recommended approval. There would be 98 townhouses and 38 single family units in the proposed 32 acre parcel; the green areas were proposed as common areas and there would be a 10 foot walkway on three sides of the property. It was proposed that $40.00 per unit park donation be made; the area would include 4.36 unit per acre density and a 75 foot half right-of-way on Cliff Road would be dedicated by the plat. The trails could be dedicated or remain private according to the Village recommendations. Upon motion by Councilman Rydrych, seconded Councilman Rahn, it was RESOLVED that the application be approved subject to the development following the basic density and plan as outlined by the developer and that the zoning basically comply with the plan; that the trail system dedication be determined by the Park Committee and Council; all members voted yes. Upon motion further made by Councilman Wachter, seconded -4- Councilman Rahn, all members voting in favor, it was RESOLVED that an applica• tion for building permit for modal homes without final plat approval be and it hereby is approved. The application of the sign permit for Wilderness Run Addition con« sisting of four (4) additional signs was next submitted. Upon motion duly made and seconded, it was RESOLVED that the application according to the locations as specified be approved for one permanent and three temporary signs subject to the LCA sign location. All members voted aye. Mr. Arnold Troff appeared on behalf of his application for preliminary plat approval of Moroni Addition, formerly Mary's Addition on the West side of Dodd Road. The property had been zoned R«l. The APC recommended approval subject to placing a building on every other lot until public utilities are installed. Several objecting neighboring owners appeared. It was noted the Board had earlier limited the la��d to a t;ao lot parcel without utilities. Upon nation by Mayor Polzin, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the application for preli inary plat approval as specified be denied for the above reasons and that the plat and the number of lots proposed do not fit into the surrounding area, Upon further motion by Council• man Wachter, seconded Councilman Smith, all mambas voting yea, it was RESOLVED to approve a plat for two homes and that the street be dedicated as proposed with culede-sac as amended by the applicant. The Mayor then announced the convening of the public hearing and the vacation of a part of Jurdy Road. It was noted that the developer's surveyor had made an error in the description for the vacation proceedings completed at an earlier time, Upon motion by Councilman Smith, seconded Councilman Wachter, all members voting yea, it was RESOLVED that the application be approved and that the road be vacated as provided in the application. w5« The public hearing for Imp. Project 0111 consisting of street improvements for Blackhawk Road and Kennebec Drive was next convened. There were no objections to the project. The Mayor then closed the hearing. Upon motion by Councilman Wachter, seconded Councilman Rahn, it was RESOLVED that the improvement be ordered in and the Engineer be ordered to prepare plans and specifications. All members voted yes. The application of Ralph Reiter for variance from Ordinance No. #10 for buildg,_ permit was next submitted. Upon motion by Councilman Rahn, seconded-Councilman Rydrych all members voting yes, it was RESOLVED that the application be approved pursuant to the APC and Board of Adjustment and Appeals recommendations. The application of Kenneth Appelbaum for variance from Ordinance No.#10 for building permits was next submitted. Upon motion by Councilman Rahn, seconcleel IIICouncilman Rydrych, all members voting yes, it was RESOLVED that the application be approved subject to Planning Committee and Board of Adjustment and Appeals recommendations. The public hearing concerning the application for preliminary plat approval of Oak Chase Third Addition on behalf of Timberline Development Corp. was next convened. Mr. James Frisbee appeared on behalf of the applicant. Certain property owners in Oak Chase Addition appeared objecting to the fact that the lot sizes in the subdivision area at the time of purchase of their lots had been alledgedly sold on the basis that all lots would be in excess of 3/4 of an acre. Mr. Frisbee indicated the minimum lot size now will be 25,000 square feet on all lots; that additional lots were included in the Second Addition from the original preliminary plan and further that there were additional lots in II the Third Addition as compared to with the preliminary plan. The objecting owners neighbors questioned Mr. Frisbee as to when the final street improvements would be completed. It was noted that when the otl„ginal plan was approved by -6W the Eagan Board that there would be large enough lots to subdivide in the event that the owners so desire. Protective covenants have been filed on platted lots in subdivision. There was discussion concerning the proposed park location on the North line of the subdivision and certain Council members proposed that the park land be at the Northeast corner of the property due to what would appear to be inadequate plan for access to certain lots. Upon motion by Councilman Rydrych, seconded Councilman Smith, it was RESOLVED that the appli- cation be continued until August 7, 1973 and the Park Committee review the park proposal prior to that time. Mrs, Janet Bergquiat and Mr. Paul Simonson appeared with a petition requesting a Civil Defense Director for the Village. Upon motion by Councilman Smith, seconded Councilman Wachter, it was RESOLVED that Paul Oxley, the Lakeville Civil Defense Director, be invited to speak to the Council on August 7, 1973 at 6:30 P.M. and to further explore the possibility of a civil defense system for the Village. All members voting in favor, it was approved. The matter of the variable annuity plan for Village employees was continued until the next meeting, Upon motion by Mayor Polzin, seconded Councilman Wachter, all members voting yes, it was RESOLVED that the plans and specifications for Imp. Project #120-A, Pilot Knob Heights sewer and water improvements and storm sewer system for Wescott Square, be and it hereby is accepted and that the Clerk be autharizec to advertise for bids to be received and opened on Monday, August 20, 1973 at 3:00 p.m. Upon motion by Councilmen Rahn, seconded Councilman Wachter, all members voting yea, it was RESOLVED that the plans and specifications for Imp. Project #112 - Part 2C consisting of deep'iell No. 3 pumphouse be and they hereby are accepted and approved, and that'the Clerk be authorized to advertise for bids to be received and opened on August 20, 1973 at 3:00 p.m. at the Hall. ..7.. . Upon motion by Councilman Wachter, seconded Councilmen Rahn, it was RESOLVED that the plans and specifications for Cedarvale Shopping Center area street improvements consisting of Imp. Project #105 be and they hereby are approved and that the Clerk be authorized to advertise for bids to be received and opened on Monday, August 20, 1973 at 3:00 p.m. at the Village Hall. Plans for Imp. Project #113, Silver Bell Road street improvements for acceptance were delayed until the next meeting. Bids for the 1973 Street Seal Coat Project according to the list of bids attached was upon motion by Mayor Polzin, seconded Councilman Wachter, all tidembers voting yes, it was accepted and the low bid of Allied Blacktop in the sum of $18,321.80 be and it hereby is approved and contract awarded to Allied Blacktop. The preliminary report for Rahn Road sidewalk consisting of Imp. Project #124 was submitted by the Village Engineer. Upon motion by Councilman Smith seconded Councilman Wachter, all members voting yea, it was RESOLVED that the preliminary report be accepted and that a public hearing be scheduled for August 7, 1973 at 7:30 p.m. for the Village Hall. After submission of the preliminary report the Village Engineer for Silver Bell Road street improvements consisting of Project #128. Upon motion by Councilman Smith, seconded Councilman Wachter, all members voting in favor, it was RESOLVED that the report be accepted and that public hearing be scheduled for August 7, 1973 at the 7:30 p.m. meeting at the Village Hall, Upon motion by Mayor Po lzia, seconded Councilman Rahn , all members voting in.favor, it was RESOLVED that the Village'Engineer preper& plans and specifications for Silver Bell Road and Blackhawk Road street improvement consisting of Project #128. Mr. James Horne appeared and discussed the dedication of streets in Kingswood Addition. Upon motion by Councilman Wachter, seconded Councilman Rahn, og o • it was RESOLVED that the Village Engineer be directed to review the matter and report back to the Council. Upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting yea, it was RESOLVED that the request of Louis Motz for building permit for storage building 12' xl8' at 4556 Lenore Lane be approved. The Village Clerk indicated that Pastor Borgschatz had requested that the Village Hall be 'rented by the LCA for Sunday morning worship services beginning September for approximately 12 to 1C month period. There was no objection by the Council but it was understood that the Council could terminate the arrangement if necessary and further that a reasonable rental be arrived at between the Clerk and Pastor Borgschatz. The petition of Arnold Carlson to serve Lot 20, Wilderness Run 3rd Addition for sewer service was referred to the Village Engineer for report. The Clerk was instructed to forward a statement for $100,00 for fire fighting services due to a fire caused by the Milwaukee Railroad on July 16th, 1973 on the railroad right-of-way. Upon motion by Councilman Rahn, seconded Councilman Wachter, it was RESOLVED that the application of Robert Lee for on-sale 3.2 beer license of the former Su•Su-Ling Restaurant located on Cedar Avenue and Beau d'Rue Drive be approved„ All members voted in favor. The application of John J. Rally for the 3.2 off-sale license of beer for the Half-Way House on Highway #49 was upon motion by Councilman Smith, seconded Councilman Rahn, all members voting in favor, was approved. A Resolution granting the Clerk-Treasurer power to approve collateral to be used by the Village depository banks to secure the Village funds was upon motion by Councilman Smith, seconded Councilman Rahn, all members voting in favor, approved. -9- A • ti Upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting yes, it was RESOLVED that the transfer of funds from certain accounts pursuant to the recommendation of Roger Katzenmeier the Village Accountant, pursuant to his letter dated July 11, 1973, a copy of which is att attached to these minutes be and it hereby is approved. Upon motion by Mayor Polzin, seconded Councilman Rydrych all members voting yes, it was RESOLVED that the statement of Urban Planning and Design for partial payment of the Land Use Guide Plan of $4,300.00 be and it hereby is approvd. Upon motion duly made and seconded, it was RESOLVED that all bills as ,presented be ordered paid according to the following schedule: #55-#63; 1143/ -- #1386 - #1431; #10887 .. #10949. Upon motion the meeting adjourned at 1:10 a.m. IIIDated: July 17, 1973 + dew