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11/21/1972 - City Council Regular24IITUTES Or ..EGU;~IT T~iEETING GI' Et:^~''sId COUNCIL VILLAGE Or EAGAN, DAI'.OTA C~UiTTY, IiINNESOTA IJovembe ~ ?1, 1972 A regular meeting of the Lagan Council, L~illage of Lagan, De?rota County, Tviinne~ota, ~•aas held on Iovember 21, 197, at 7:00 P.bi, at the Village Hall. l.11 members were present. Upon motion by Councilman T:ahn, seconded Councilman T?achter, the minutes of November 1[;.~ ig72, were approved a;, mailed. Police Chief martin DesLauriers appeared on behalf of the Police Department requesting authority to install si:: stop suns on Cedarvale 4hopping Center service drives and the sign on Avalon on Eagandale Avenue. Upon motion by Councilman Tahn, seconded by Councilman P,ydrych, all members vying in favor, it was i'.ECOLVIrD that the Council authorize the installation of signs at the above locations subject to submission to the Clerk of a diagram of the exact locations. Upon motion by Councilman Rahn, seconded by Councilman 'Fachter, it was RESOLVED that the sum of $13,350 as the balance of the remuneration to the Volunteer Fire Department firemen be authorised 8nd be ps~,ct after the November county apportionment has been submitted to Lagan. Upon motion by Councilman ?.achter, seconded Councilman Smith, all members voting in favor, it was i.ESOLVED that the recommendation of the Par?: Committee that the Village Attorney file an appeal on behalf of Eagan in -response to the appeal filed by Ale:;a A. Burow covering the condemnation of land for parts purposes on i:ahn P~oad Ilorth of Cliff Toad. It was understood that a continuing review of the location for park purposes be made ~Jith the possibility of withdrawal and that negotiations continue with the property ocnier over the next few months. There were no building permit applications. The Clerlc stated that T:r. James Shelton had requested that his appli- cation for rehearing of his building permit application for a PDQ rood Store at the corner of Silver Bell 1'.oad and Hight•~ay `13 be continued to the December 5th regular Council meeting. The Clerk stated that she would suggest that miscellaneous licenses she was authorized to issue as the Town Clerlc be authorized for her issuance as Village Clerlc to avoid having to come to the Council for authority for the issuance of each license. In the event that any Council member is interested i.n •reviecaing the application or the licenses, it c•JOUld be possible for him to do so. Upon motion by Councilman i:achter, seconded Councilman Rydrych, all members voting aye, it was P.ESULVED that the Village Clerlc be, and she hereby is, authorized to issue miscellaneous licenses caithout Council approval accord- ing to the following schedule unless variances from the reap+ec~ive ordinances become necessary: Gravel pit, lcennel, cigarette, gas fitter, cesspool installer, plumbing, heating and ventilating, well driller, scavenger, rubbish hauler, vending, dog licenses, special use renewals, billboard and sign renewals, trailer permit renewals. A letter from P,onald L. Laumer living at 4307 Rahn P,oad requesting that he be permitted to ::cep four dogs as a variance to the dog 'kennel ordinance was ne:ct reviewed. It was noted that neighbors did not object to the variance. Upon motion by Councilman Smith, seconded Councilman P.ahn, it was moved that the variance to the dog. lcennel ordinance be, and it hereby is, approved for Mr. P.onald L. Laumer on a conditional basis and in the event that complaints from neighbors are received that the Council could then review the matter at that time reserving the right to revoice the variance upon reasonable notice. T~ir. Ed McT~lenoary, representatives o!_ T~iCI Plorth Central States, Inc. and Helen Armagost appeared on behalf of r1CI North Central States' application -2- for a building permit and a special use permit for a communications relay tower South of Cliff Road on the Armagost property. It taas noted that the APC recom- mended approval subject to the grant of a 50 foot right of way along the tlest line of the Armagost property. The applicant stated that FCC and FAA approval had been granted. He further stated that r:r. and i•~rs. Parker, the Johnsons and the Strohlcirchs had verbally stated they had no objection to the application, Construction taould consist of a single tower 220 feet high which would be located East of the property line provided for and a 50 foot road right of way i necessary in the future. The applicants stated that they would grant a 50 foot road right of taay easement on an option basis, if possible, without any cost to the Village. The proposal also consisted of a proposed 8' x 15' build- ing. Because of the indefiniteness of the location of the road along the property line, it was moved by Councilman ;?achter, seconded Councilman P,ydrych, to approve the applications subject to the tower being set-back Easterly from the property line to permit a potential 50 foot right of way and to avoid the towe~ in the event of a fall from falling on the rosd right of way but that request for road right of taay not be made at the present time; further subject to the submission by the applicant of a copy of the approval documents from the ACC and FAA and further that the applicants comply with all other ordinances and regulations of the Village. All members voted aye. The Clerk announced that a proposed resolution concerning a code of ethics had been submitted for adoption by the Council. After considerable discussion upon motion by Councilman t:'achter, seconded by Councilman Smith, it was RESOLVED that the proposed resolution be tabled and that Council members be permitted to submit proposed amendments at the regular December 5th meeting and that the matter be acted upon at a regula_ meeting in January. All members voted in favor. -3- A proposed neap paying agency agreernen:: from the First tdational Banlt of ~t. Paul relating to future bond issues ~~as :-e~e:.-red to the Village Attorney for review and recommendation. The Clerk announced the receipt of a chec:; in the sum of $1[;.;392 as a HUD distribution for part: acquisition purposes for eight park parcels relating to the agglication for state aids. Upon motion .by Councilman Smith, seconded Councilman Rahn, all members voting in favor, it c~~as PESOLVED that the bond resolution submitted to the Council correcting zesolutions dated August ?_3, 1972 and June b, 1972, in relation to the 1972 Utility Bond Issue be, and it hereby is approved and adopted. The Villa ;e Attorney indicated that in negotiations with owners of rilot :Cnob Properties directly fast of 1;ahn ~ oad and South of County oad',`-30 regarding acquisition of a uiility line ea~eraent, the oc~rner requested that the density requirements not be affected by the grant of easement. Auer discussion upon motion by Mayor Polzin, seconded Councilman rydrych, all members voting in favor, it was P.ESOLVED that the Council be on record acknowledging that the density requirements for construction on the Pilot :Cnob Company's property above mention2d not be affected by the location of she sanitary sewer inter- ceptor; further that the property owners be permitted to use the trunl: line for lateral purposes subject to payment of required assessments; further that property o~•Jners not be required to pay for potentially moving the sanitary sewer in the event that development of the property required such a move unless, ho~•~ever, the developer of the property that is being granted require movement of the line due to the development of their ocon land; and further subject to the Village Engineer's approval of these requests. The members of the Pari_: Committee requested that an attempt be made to acquire trail easements over -4- the property that is the subject ox 'the above motion. The Council discussed tha possibility of requiring ~oritten pe units from owners in the event that non-owners hunt on private land. No action was taken on the matter. Upon motion by Councilman i:ahn, seconded Councilman [Iachter, all members voting in favor, it was RESQLVED that an additional compensation to Alyce Bolke be paid as Commissioner of Registration fees. The Council discussed the need to schedule a meeting of the Council to review potential percentage increases for employees. Upon motion by Councilman [?achter, seconded Councilman Rahn, it coas i?ESOLVED that all bills of the Village according to the folloF~ing schedule be ordered paid: [larrants ~;;`762 through ~1~T9'9 and 'tS711 through ~fa749. Upon motion made and seconded, it coas IESOLVED that the meeting be adjourned. Dated: November 21, 1972 ~~~ ~t ~~~,~=~ ~~'~~-~.: -5-