Loading...
12/05/1972 - City Council RegularMINUTES OF REGULAR MEETING OF EAGA1~ COUNCIL VILLAGE OF EAGAN, IaAKOTA COUNTY, MINNESOTA December 5, 1972 A regular meeting of the Council, Village of Eagan, Dakota County, Minnesota, was held on December 5, 1972, at 7:00 P.M. at the Village Hall, All members were present. Mayor Polzin convened the meeting with the Pledge of Allegiance. Upon motion duly mada and seconded, the minutes of the previous meeting were approved as mailed. There was no Police Department business or Fire Department business. Mr. Bill Branch appeared with Dale Everson of the Park Committee requesting that a broom and conversion kit to the park tractor be acquired in an amount not to exceed $600. Upon motion by Councilman Rahn, seconded Councilman Smith, all members voting in favor, it was RESOLVED that Mr. Branch be authorized to acquire for the park tractor a broom conversion kit as above outlined. There was no appearance on the request of James D. Shelton for a building permit for a PDQ Food Store to be located near the corner of Silver Bell Road and Highway #13. The matter was stricken for lack of appearance. Mr. John Bushnell appeared on behalf of his application for special use permit and building permit for a temporary building on a ten acre pascal on Gun Club Road at the Southeast corner of the Village. The APC recommended approval. After review and upon motion by Councilman Wachter, seconded Councilman Rahn, all members voting in favor, it was RESOLVED that a special '~~ use permit for one year be granted together with a building permit for the "~A temporary building subject to compliance with applicable ordinances for temporary buildings. Mr. William Harrison appeared on behalf of the application of Inland Construction Corporation for a revision to its preliminary plat of Eagan on the Green located in the SW~ of the'SW~ of Section 20, Northeast of Rahn Road and Highway ~k30. The APC recommended approval subject to certain conditions. tt was noted the plans were similar to those submitted in November, 1971, except that the whole project was half as large with 144 units including two 72 unit apartment buildings consisting at as FHA 236 project. A letter was presented from Unisource Corporation, the developer of the entire parcel concerning park dedication in the future. Considerable discussion centered around location of a tot lot for Building A and revising the recreation area. Upon motion by Councilman Rydrych, seconded Councilman Wachter, all members voting in favor, it was RESOLVED that the applioation fv°t' revision to the preliminary plat be and it hereby is, approved without formal heating subject to the location of the tot lot near Building A and the development of the recreational areas as provided on the plan within six months of the occupancy of the first: building; and further it was understood that the park dedication would be at $40 per unit according Co the Village policy. Mr. Larry Frank appeared on behalf of the application of Gold Medallion Corporation for final plat approval o! Surrey Heights Third Addition. The Village Engineer recommended that a.blanket easement be included in the plat for utilities. It was. noted that one home owners association would. cover alt of the Surrey Heights Additions. Upon motion by Councilman Rydrych, seconded Councilman Rahn, all members voting in. favor, it was RESOLVED that the final plat of Surrey Heights Third Addition be, and iC hereby is approved subject, however, to the inclusion of a blanket easement for utilities covering the Surrey Heights Addition The Council then reviewed the proposed Liquor Ordinance No. 42, the proposed 3.2 Beer Ordinance No. 43, and the proposed Tavern Ordinance No. 44. Consideration of the proposed Shoreline Ordinance No. 45 was delayed until a -2- later meeting. The Village Attorney reviewed first the Liquor Ordinance and questions were asked about provisions of the ordinance from representatives in attendance of all five current liquor license ho3ders in Eagan under the Dakota County Ordinance. The Council recommended numerous revisions to the ordinance and asked the Attorney to send copies of the revised ordinance to the current licensees prior to a special meeting scheduled for Tuesday, December 12th at 7:00 P.M. at the Village Hall. These changes will include the tavern permit to be added to the Liquor Ordinance without fee; that Section 42.07, Subdivision 7 be stricken relating to business records; that Section 42.04, Subdivision 1 (8) be revised to provide for the gross investment in the business; that provisions dealing with age under 21 be changed to reflect that they comply with the state statutes in all cases; that the 14 stockholder restriction in a corporate licensee be stricken; that on-sale and off-sale liquor not be permitted on the same premises; that one owner be permitted only one license whether off or on-sale; that the distance from churches and schools be sit at 300 feet for liquor and beer; that on•sale liquor and beer licenses not be permitted on the same premises; that a provision for a one day license for approved non-prd~it organizations be provided under the 3.2 Beer Ordinance; trat revisions in the application and revocation provisions providing for any felony and gross misdeneaAOr may be grounds for refusal be included; all members recommended that the license fee for on-sale liquor be set at $2,500 and that vn•sale beer be set at $100. Mr. Dean Myhre appeared to discuss certain drainage problems on his property on the East side of Blackhawk Road. Upon motion by Councilman Rahn, seconded by Councilman Wachter, it was RESOLVED that the Village Engineer be authorized to prepare a proposed change order for extension of storm sewer facilities to the Myhre property to correct the drainage problem. All members voted in favor. -3- The C~cs~~i3 nP :~_ discussed ::h.c pr:~r•:~^ed ;ode of Ett~.ics ;.vr Village v~€icials including certain changes. Zt was determined that recommendations for changes be aubmi.tted to all Council members in writing before the first regular January, 1973 meeting and that the code wou~,d be reviewed at that ti-~e. The Village Engineer indicated tt3at he has inspected the street :~.mprovements in Halley's Additio:: at the Southeast corner of the Village and re+:~~mmended that the .proposed deve:.opment bond be reduced from $13,000 ro sC .: ~•~ Ligon motion by Councilman Wachter, seconded by Councilman Rahn, all memts-.•s •3a~.4 z~~; i.,.a favor, 't was RESOLVED that said bond be reduced and .that t'~e. c' flvF , ~. n~:.. ~: con::-^~zc: be approve::. '.Tpon mntio;, by Councilman Rahn, seconded by Councilman Smith, z~A. r.~_wbers voting fa favo2,. i.t was RESOLVED that the following pubLiC hearings b~- ucheduled for Deceu-ber 19th at 7:30 p.m. at the Village Halls i. Application of L~.:, irue3`ie .f.~-, preliminary plat approval sna rezoning of Brupatle Add'tion, Sec :.on 1b, on Eng~ext Road. 2. Application of Cedar Grove Construction Coupany to rezone from r-~+ -~,;3 R-S to R-i and preliminary plat approval for Cedar Grove No. 11 for R;~.I:r°.,~.P fam~.l.p reRidential area in the NE 1/4 of Section 20 West of Blackhaz?~. RCau. 3. Application of Cedar Grove Construction Company fo. preliminary- riot appxuval for Cedar Grove No. i2 at Silver Be11 road and Lodestone Lai:: The Council next discussed at length the request by ~eztain subu-re:..-~ municipalities th?.;: all villages intervene in the suburban lawsuit .againci: :~~.-. Ma.:~u Cou;~cil contexning the Sewer Board connection char€as for new construct ... r_o t.:<.ice effect ou January 1, 1973. The Council, also discussed the need fog- -: suzcl~~arge to the f~rogosed MSB connection charge to pay far the agp;:oximFitely $450,000 in def~~rree charges. The Village 1-.ccountsnt recommended that a $50 3nrcharge be added to the $275 rate for new single family residential constxuc•- -4- ~OiJ?r_.(1 IYl IM.~. 1a, - - ~.~,_ tion~ 8nd approxi~tate}.» $50, i.n~'tiQi.Li.013 ~a `~_ -~a:~~u from ad valazem taxes. Tfi: was dstermined that the Village would not intervene in ::;~e lawsuit regarding tt;t imposition of the connecti+ra charges partial7.y for the reason that it is assumed that the Metro Council wail attempt to get authority from the 1973 legislature for such connection charges. the suit then would become moot. Upon motion by Council~-.,•sn Smith, seconded Councilman Rahn, it w<zs ~.F~Ot..VEA that the Eage.n Village ~:ouxtcil be on recc+rd increasing the charge i"r:,• i~ew si.ng~e :a~aily Tow;.i.iouses and duplexes for sewage connections from ~~~.: 5215 ~~~_,~ r.~onnect~.on ~hnrge to be Imposel by the Metro Council to $375 beginr'•og 3a~~~ua~~y '. L97: , end $3Of~ per connection charge for apartment units arn~ ~a-r•hil~. hon!e~+ end :, ~~ronoxr..i_c;ri amount for other types of con:rruction; it wxs ~'+~:~-~:::3~ '~ •~ that an,> reside:.~9.ai ~:-~• other existing building or pexmits that had been issue' for construct:tor prior to December 31, 7.972, having direct access to sanitAry sewer laterals may co•nx-e•.t dur~_,~b raia:adar ~t:ar 197s at the sewer connectioi: charge^ in exi3tence in 1.972 for r~.:: specific stet. Those voting in favor were Councilman Smith, Rahn and Mayor Polzir,, t:~uncilmen Waciater and Rydrych Upon motion by Mayor Polzin, seconded by Councilman Wachter, all Ane-nbPr^ Ju'~ng ia: savor, it was RESOLVED that a resolution relating tv the 7.`:? •i~ ~.l.;.t~~ :b~.,nrl. `+asue scheduled to be closed on Wednesday, December 6th eombi-ai.r•-:: Project 87-Phase 2 and Project 86-A be, and it hereby is, approved and or4c.L~-.~. exec~ited, The Clexk subiaiLted a copy of the proposed Goals and Policies for ~.:rc ~allage of. Eagan ~iat~ed November 1972, to each Council member as preparer3 1-y Urosn °lanniz~,g ~ Design. After discussion, upon motion by Councilman Wachte", seconded by Counr.3.?man Rydrych, all members voting in favor, it was RESOLVED tna•: the statement of uor~ls and Policies be, and it he*eby is accepted. -5- Upon motion by Councilman Rydx•;~ch; seconded Councilman Sm•1th, all members voting in favor, it wan RESOLVED that tt.e Clerec~•rritQ a letter to the appropriate NSP officials indicating that no progress has been made with NSP since approximately May 1972, upon Eagan's request for preparation of a contrac~ and installation of street lighting at certain street intersections. The Village Engineer was requested to draft a letter to the County Bo1rd requesting that the contrfbuL•ion f~.r road improvements for streets a.~. Ragan than ttad been scheduled far fmprcvements by the county prior to Es~;an's he~or~ing a pillage be r_imbursed frcix~ the county on the same basis as tl.x~: of $ i,Gt~Til3hij.!~l.i~ ~~Si~JtB Cou~ary. ThA tTa.llage Attorney stated that the owners of the praposed =r~a.l•-:ern~~.~, Run r ourth Add~.~,io;e pc.~.•i: and well site had requested that the Village gay on an acreage determined on the gross acreage to the center of the roads rather than net acreage basis and furt-.er thai: toe tillage pay approximately $S00 for a survey of the park and well site„ upon motion by Councilman Rahn, seconded Councilman Wachter, all members voting in favor, it was RESOLVED that the stt.orney be directed to contact the owners attorney to provide that Eagan will nay or.. o gross acreage basis if that was the method used by the present own?r~ in.acqu:iring the land, but that the sellers pay for a registered survey of trot. partc ar,3 ~aetl site. Upon tnotian by Councilman Rahn, seconded Mayor•Polzin, all members voting in favor, it was i2ES0:.VED that a letter from Antler Corporation coverid~~, t'~w prapoaed townhouse construction in Robert Karatr Addition North of Yankee Do:+r_1.e Road concerning a study relating to necessary utilities to the site axed o:~ site for Rivergate Villa be referred to the Village Engineer for report. Upon ~cn:ion by Councilman Wachter, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that the Paying Agency Agreement with First National Baa~k of St. Paul be, and it aereby is, approved and ordered psecuted. ~6- the Village Clerk indicated that she has received a letter from Mr. Robbins of the Metropolitan Sewer Board indicating t;1at the farmer Bedvolc~ property North of the railroad tracks cansisting of a sewex treatment pond which was acquired by the MSB from Eagan will now be resold to Sagan at the original cost for the reason that the site is bei;sg.abandoned. Consideration c*` the offer was taken under advisement. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, the plans for the directional signal at Cedar avenue Nc. 3Q be sad t-Yey hereby are approved. Upon motion the bills as presented according to the following schedule were approved and ordered paid; Warrants #8~0 through X831 a.~d ;kii$? thrcugh ~f1187 x~rdr'~fi: SJ t:.rough #8792. Upon motion the meeting adjourned. Dated: December S, 1972 ~';~~" ~ ~ :%~~--~=~, i -7-