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12/19/1972 - City Council RegularI~~N4^:BS 4F REGL'IAR MEETING OF F,aCAN COt1NCIL VILLAGE OF E~9.GAN, DAKOTA COtINP'Y, MINIJEBOTA bacember 19, 197Y ., , !~ xegulez eiest.~ng di; rtes Caunal,l, VYlts~+a ~ .gsgan, Dalr~rta ~ouaty, ~'~eaott~t, was hid oi~ 33eo~ber 19, 197Y $~ xtt#0~ p•si. at Che Village 13a1~," FYI me~ubers were prclg~nt. The meeting was co~mettced ~tbitTs the Pledge of Allegiance. Upau tntitioa tsy Councilman Fydrych, aecan~ied bq Cneneilmatt Mahn, all members voti.p$ iri favor, the minutes cf th,e regul~#x asret,,fx+g of December 5, 1972 wera approved subject, howevex, to a c.arge oa Page Il relating to drdinsnce Noy 42 f L3.4uor License, to ad~3 that "Councilman Sm~xh moved that the lit~uor tie~nse fee be revised from $3,OOG.OQ to $2,000.OtS, The moCioz~ died fox leCk of a second." The minutes of Decembex 12, 1972, were upon '~aotivn by CstetK3ltaart tJachter, seconded Councilman R~-drych, approved subject, however, Ca s rsvisian on Page 4 relati-~g to police personnel w}aexeia the sentence should read as follows: "Upon further m4tiog by Ct~uttall~n itydtych, seconded Mayc~t Folzin, it was RESOLVED that preliminary appxoaal be $ivett to the proposal eddir~ personnel inn Ptah sad August, 1979. alt msabere voted i~t fsvor.'r police Chief t!4a~tin DegLa»riera appesxed ern behalf of Che Pultse l9ap~rtatestt, After di8atxasio~r upon mct~ icy Mayor Ptrtsin~ seconded COctx~ilraan It~tarlw! it wan RE30S.w8D that the Ytixsga Att~irney p~p~a~se a d!a!~ of s< b~it'i !K a~miesion to the 1973 Legibiattrrs giving muellCipalities SU% of the ftt~+s collected €rom pxosstcuCi~ in tote lacttt coo~ptg aauYts ~~ cbgzgss tavied by rite Minnesota iig~ay Department and county ltTieriffs, wl~.ich amount is similar to the perceutagas returned to munic±paiities from local ordinance violations under t:he current county court fi~.ll. All members voted is favor. ~ ~estion was raised ~ to whether the 3.Y beer license ordinance required current holders of 3,2 beer on-sale license to xequest new licenses from the Village by January 1, 1973, or whether tF.eir licenses continued until 2rfay 1, 1973, under the county lirer-ae. It was determined that the Eagan Ordinance r_ow governs and that applications should be submitted for approval after January 1, 173. Discussion by the Council concerning the date for review and approval of applications for on and off-sale liquor licensee was newt discussed. Upon motion by Councilman Wachter, seconded Counciin-3n Rahn, it was RESOLVED that holders of licenses under the. county ou-sale liquor license ordinance would be permitted to operate until the January 2, 1973 meeting With the understanding that there would be no obligation on behalf of the Eagan Council to approve applica- tions submitted by current lieeasees ui:der the county system. All members voted to favor. The Mayor at 7:30 p.m, announced the convening of the hearing on the rp»lication of Leo Bruestle for pxcliminaxy plat approval and rezoning to R-1 of Brueatle 6ddition, Section 16 on Ez~glert Road. No one appeared in opposition. The APC recomQended approval. Upon motion by Councilman Wachter, seconded Councilman Rahn, all members voting in favor, it was P.ESOLVED that the application for preliminary plat approval and for rezoning from A, Agricultural to R-1 be, and it hereby is, a?proved. Mayor Folzin then announced the convening of he hearing on the appli~• cation of Cesar Grove Construction Company to rezone from R-4 and R-5 to R-1 and preliminary plat approval for Cedar Grove No. 11 single family residential area in the NE 1/4 of Section 20 West of Blackhawk Road. The Mayor further convened the hearing on the application of Cedar Grove Construction Company for preliminary plat approval for Cedar Grove No. 12 at Silver BE11 Rosd and Lodestone Lane. There was no opposition to either application. Mr. Jack Dielenthe3s appeared on behalf of the applicant for both applications. Mr. Dielentheis rdicated that Cedar Grove Construction Company is offering the sum of $75.00 -2- per single faxatly residential lot for park donation tatherthan donation of land calculated on the basis of 1.37 acres at $2,000. per acre cost of the land for 53 lots in the single family subdivision. The APC recos~mnended approval. After discussion, upon motion by Councilman Smith, seconded Councilman Rahn, all members votarg in favor, it was RESOLVED that both applications abcbve described be, and tY.:.ey hereby are, approved subject to the payment of the pack donation as describes: ~.bove at the time each b+ailding perm{t app~.i.cation is appl$ed for. Mr. Frank Reese, architect, appeared on behalf o~ the application of Antler Corporation for building permits for townhouses in the Robert Karatz Addition called Rivergate Villa Norr.h of Yankee Ooodle~Roa~ and East of LeTendre Addition. The Advisory Planning Committee recommended app~COVal subject to the E+;ildirg 7:nspector's approval. It was noted that there wek•e proposed to be 120 townhouses in the first phase all with three (3) bedrooms, The Park Committee had recommended that no la~:d be 3~d:tcate3 in the first phase, but possibly the Park Corunittee would requeRt a land :'edication or cash at he time of the con- struction of the second phase. The applicant su`.:m9.tted a letter requesting LaTendre Avenue be improved and extended. The Village Engineer recommended that i'urther study of storm water drainage, street surfacing ar~d curbs be made and recammen~lations be made at a future time. He further recommended an eight inch water main artery through the devel.opnent and that fire hydrants comply with the 500 foot distance requirement under the ordinance. Upon lotion by Councilman Rydrych, seconded Councilman Rahn, all a~emb'~ ~ruting in favor, it was RESOLVED that the application for building permits be, sad it heret~y is, approved subject, however, to an agree~aent being ente~'ed into through the Ps~rk Committee on behalf of the Council for a cash donation for park purposes or lend donation with a cash donation being made at the time of construction of tl~e first phase and in the event that the Park Committee desires to hrsve a land ~onation that the cash ~•;aould be refunded at such later time;. it was further subject to approval of the -3- Building Inspector and the Village Engineer and submission of an appropriate application. Mr. William Harrison appeared on behalf of the application of Inland Construction Corporation for building parasite for multiple dwellings near Rahn ~io~d and County Road No. 3ti. It was noted the APC recommended approval at a ~:p;>cial meeting on December 19th. It was further noted that there were no change i:1 the plans submitted at the Council meeti:'g December 5th by the applicant. Tlx:: Engineer recommended approval. Upon motion by Councilman Wachter, seconded Councilman Rahn, all members voting 'in favor, it was RESOLVED that the apnlicatio; for building pexmits be, and it hereby is, approved aub,ject to Building Inspector's approval. rir. Bill Chase appeared on behalf of his appl~.cation through Cragg, Inc. fa?: a sign permit for Chase Furniture at 1975 Seneca Road. Upon motion by Councilman Smith, seconded Counoiimaz Wacter, all members voting in favor, it was RESOLVED thaw the ag~lication be approved. An appearance was made on behala of tl-<: appl~.cation of Cragg, Inc. for a sign psrmit for Package su~Cniture and Carpet Company at 399? Cedarvale Drive, ?.t was noted the application was not complete in ghat it did not speoify how m~^~ny signs were rec;uested nor tlxe size or other requirements provided under the ordinance. Upon motion by Councilman Rahn, seconded by Councilman Wachter, it was RESOLVED that the 64 foot sign applied fox on the front of the building be, and it hereby is, approved but that if the applicant desires an additional sig*t to be placed on the side of the building that a further application be submittec' at a future time. All members voted in favor. The Council then reviewed the final drafts of O+di~nsnce No. 42 Liquor OrdinarceY Ordinance No. 43, 3.2 Beer Ordinance; and Ordinance No. 44, Tavern Ordinance. Upon motion by Councilman Smith, seconded Councilman Wachter, it was -4- RESOLVED that a revision on Page 7 to provide that an investigation fee for each person involved in an appliaetion in the sum of $30.00 be provided under the ordinance. All. members voted in favor. There was further discussion relating to the number of licenses to be issued both on and off-sale liquor, location and timing for submission of applications It was infaxYaally decided that applica- tions submitted by the five present licensees would be received and reviewed at ttie January ,2, 1973 meeting and tLat other applications for on and off-sale licenses will not be acted upon befoxe MarcY- 1, 1973. Mr. Jerry Hagemef.ster and Ralph Wohlers appeared vn behalf of their application for final plat approval of Wescott Hills Third Addition. It was noted that the plat ~.ncluded only a small portion of the lots in the Third Additxoc, Upon motion by Councilsuaa Rahn, seconded Councilman Wachter, all members voting ix~ favor, it was RESOLVED that the application be approved. The Council next reviaaed the letter from the Village Attorney relating to proposed terms for a contract wi.t'.~. Local 320 of the Teamsters Union for the Utility Department employees. Upon motion by Cou::ici].man Smith, seconded Council- man Rahn, all members voting in favor, it was RESOLVED that the proposal be approved and be submitted to the union for negotiation purposes. A letter from Richard Kennealy requesting compensation for crop loss for the installation of sanitary se:Jer near Silver Bell Road on the Vogelpohl property was submitted in which it requested the sum of $410.00 be paid to him for loss of soybeans. The matter was referred to the Village Engineer for revie;a and further repoxt. Discussion next centered around the proposed repurchase of the treatment pond site from the Metropolitan Sewer Board North of the railroad right -of•way in the Minnesota riverbottom area according to tre proposal of the Metre~olitan Se?.er Board. It was noted that the cost to Eagan originally was $4,170 for as -5- 80 acre parcel. The Village Attorney was ipstructed to contact the Sewer Board and review the law in relation to repurchase of the parcel. Consideration of the proposed sale of the Cedar Grove Utilities Company sewage treatment plant to the Metropolitan Sewer Board was next discussed. The Council further reviewed the necessary disposition of funds if the acquisition by the Sewer Board takes Place as to whether the credit would go to the residents of the Cedar Grove area that were assessed for the Cedar Grove system or whether ttie funds would go into the Eagan trunk sanitary se*aer fund. Upon motion by Councilman Rahn, seconded Councilman Wachter, it was RESOLVED that the Village Attorney and the Engineer again review the matter with the Metropolitan Sewer Board with the proposal in mind that the plant be sold to the Sewer Board on the basis of its being a necessary part of Eagan's treatment works at the time of acquisition of the interceptors and other treatment works of the Village. Upon motion by Co~~ncilmnn Rahn, seconded Councilman Rydrych, it was RESOLVED that the request of Antler Corporation for extension of LeTendre Avenue improvements be referred to the Village Engineer for report and submission to the Council at a later time. A letter from Gearin and Melzarek, Attorneys, relating to the actiom of the Town Board on October 26 regarding setbacks East of the McKee Addition alot~b Eagandale Center Industrial Park No. 2 was referred to the Village attorney for review and report. The Village Clerk submitted a lighting contract with Northern States Power Company for street lighting in the Village. Upon motion by Councilman Rydrych, seconded Councilman Smith, all meters voting in favor, it was RESOLVED that the lighting contract be, and it hereby is approved and ordered signed by the appropriate officials. The Clerk announced that the League of Minnesota Municipalities currently '_:.as a membership campaign for municipalities whereby the membership fee covering -6- the period from January 1, 1973 through August 31, 1973 at half rate was being offered. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it waa RESOLVED that the Village of Eagan join the League of Minnesota Municipalities for the period January 1, 1973 through August 1, 1973 according to the League's proposal. Upon motion by Councilmani Smith, seconded Councilman Rahn, all members voting in favor, it was RESOLVED that the following projects be and they hereby ~1re, accepted as complete and the final payments be approved; 1. Project 70A, Briarwood and Coachman Heights water and sewer project, 2. Project 64, Cliff Road and Cedar Avenue water and sewer trunk projec~ 3. Project 87, Surrey Heights No. 2. 4. Project 84, Townview Addition. Upon motion by Mayor Polain, seconded Councilman Wachter, it was RESOLVED that change orders to the fcl.loti~lrg projects be, and they hereby are approved with all members voting in favor; 1. Change order to Project 70A, BriarYfood and Coachman Road sewer and water for a total of $2,600. 2. Change order to Project No. 87, Surrey Heights No. 2, in the sum of $1,054.23. 3. Change order to the Metro Engineering Company contract for park improvements in the sum of $1,840 as recommended by the Park Committee. The Village Engineer then indicated that he would recommend that a new hearing for Harvey Addition and the adjacent property relating to street improve ments be rescheduled for the reasan that a portion of the prenerty affected Lying outside of Harvey Addition was not included in the preliminary repozt and not noticed at the original hearing. Upon motion by Councilman Rahn, seconded Councilman Rydrych, all members voting in fa~•or, it was RESOLVED that the Village -7- Engineer be, and he hereby is, authorized and directed to prepare a preliminary report covering such street improvements and a report to the Council on January 2^' at which time a public hearing would be scheduled on the preliminary report. The Clerk announced that changes relating to sanitary sewer connection charges for the Emerald Hills mobile home subdivision in Inver Grove Heights would be necessary now in light of the f4ct that the Metropolitan Sewer Board's connec- tion charges will take effect January 1st. The Clerk was d~.rected to notify Inver C-.rove Heights relating to such changes. The Village Attorney then suggested that according to MSA 462.354 that the Council appoint a body of village officials to act as the Board of Appeals and Adjustments to act on appeals from applications by aggrieved parties concerning action by Council on such matters as zoning and subdivision, etc. Upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting in favor, it was RESOLVED that the Council appoint as the Board of Appeals and Adjustments accord- ing to the above statute the individ~ial members of the Village Council together with the Chairman and Secretary of the Advisory Planning Commfttee to act on any such appeals and that an ordinance be drawn to provide for such Board. Upon motion by Councilman Wachter, seconded Mayor Polzin, it was RESOLVED that the bills according to the following schedule are, ordered paid: Warrants ~~833 through X881 and #1188 th through 48851. Upon motion the meeting adjourned. Dated: December 19, 1972 .(~{~_ ~ r be, and they hereby cough ~~I201 and 48793 ~~ !~~ -8- VILLAGE OF EAGAN SALARY BCHEDULE - Effective January 1, 1973 Chief of Police - X1250.00 per month Sergeant Patrolman 1 - 6 months 6 - 12 12 - 18 " 18 -2~+ " 24 -36 " After 36 " 1125.00 " " 825.00 " " 850.00 " " 900.00 " " 925.00 " " 975.00 " " 1025.00 " " Part Time Patrolman 3.00 to 3.50 per hour Secretary I 590.00 per month Secretary II 2.75 per hour Longevity: After 5 years of continuous service - 2~ After 10 years of continuous service - 2~ (total 5~) After 15 years of continuous service - 2~ (total 7;~) Dale Peterson, Inspector - ~ 9+0.00 per month Wm. Branch, Public Works Supt. - ~~1200.00 per month Note: The above salary schedule was approved by Council December 12, 1972 ~'~'.~ ~-~ ti~x: - -