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01/02/1973 - City Council Regular
AGENDA P~EGULAR MEETING OF COUNCIL VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA January Z, 1973 ~: oo P,M, 1. Pledge of Allegiance. 2. Approval of minutes of previous meeting. 3. Police Department business. ~. Fire Department business. 5. Utility Department business. b. Park Committee business. 1. Building permit applications. S. Review applications for liquor licenses under Ordinance No. 42. (Informal) 9. Consider request of Gearin & Melzarek, Attorneys, to review decision of .Town Board of Supervisors of October 26th relating to variance from setback requirements East of McI:ee Addition in Eagandale Center Industrial Park No. 2. Set proposed meeting of the Board of Adjustment Appeals to consider appeal relating to the above decision. 10. Discussion concerning assessmenfi for sanitary sewer connection charges in Evergreen Park Addition, (Informal 11. P,eview question whether applications for 3.2 on sale licenses should be required prior to May 1, 1973. 12. Village Engineer`s presentation of preliminary report regarding public ' hearing for street improvements in Harvey Addition and adjacent property. (Informal) 13. Village Engineer's report concerning request of I~-ichard Kennealy for com- pensation for loss of crops near Silver Be11 P,oad area involving sanitary sewer project. (Informal) 14. Review proposed reacquisition of sewage treatment pond fran Metropolitan Sewer Board as requested by MSB. (Informal) 1 MINL"TE-S OF REG1" ~R MEETING Ax EAfi,A~I CCU~-v IL V ILIAG 3 OF R~+C~1-I~i , DAKaTA COUNTY , MINNES OT.'~ January 2, 1973 A regular meeting of the Council, Village of Eagan, Dakota County, Minnesota, was held at 7:Q0 p.m., January 2, 1973 at the Village Hall. A 11 Council radmbers were present. The meeting opened with the Pledge of A llegia~ee. The minutes of the December 19, 1912 regular council, meeting were upon motion by Councilman Wachter, secauded by Councilman Rahn, 811 members voting in ,savor, approved, with the f®llawing corrections: ~.. On page 4 the second full paragraph, should read: "Mr. Milt Chase"~ the motion was seconded by Councilman Rydrych; 2, Qn page bat the top, 80 acres ehauld read 8 acres; Upon motion by Councilman Wachter, seconded by Councilman Rahn, the minutes of November Z1, 1972 regular council meeting an page 4 dealing with "Pilot Knob Properties " 1,and regarding a sanitary sewer easement should read "Cliff Road Properties'.'. The Police Chief requested that the agreement between the Council and the Eagan patrolmen regarding salaries and other he~tfi'~s fnr :e year 1973 be signed by the Council. Upon motion by Councilman Rahn, seconded by Councilman. Rydrych, all members voting in favor, it was RESOLVED that the agreement with the Folice Department patrolmen regarding salaries and terms for the year 1973 be unanimously approved and ordered signed by the appxop~~3.ate off~:cials. There was too Fire Departa~ent, Utility Depart;~eh~, "+~F Park Coa.ttee business. The Council then re~riewed certa~~ On-Sale Liquor License Agplicat~o~ and the recommendations to the Eagan Polfee-ief~concernin~ theft issuance ~f ineluding the following; ~.. The Murphy House, IAC., 2~QD ~ib1e~ moria~,.~ighway. Upon motion by ~our~~~.~.mt1t~[1~ W~r.~tpr., s©cr~:derJ by Gouncilt~an P~~dryc~., it was RESOL~~E;D thati an On-Sale Liquor License be issued to the Muxphy House, Inc. at the above Location, 2. John Arthur O'Brien, 3125 Dodd Road for the O'Brien Halfway House. Upon motion by Councilman Smith, seconded by Councilman Rahn, it was RESOLVED t;~3t Mr. O'Brien be granted a license at the above location pith the stipulations c~~~~tained in the recom~aendation by the Police Chief as to its issuance. 3. The Carriage Hills Country Club, Inc., 3535 Wescott Hills nrive. Upon motion by Council.~n:~n Smith, seconded by Councilman Wachter it was RESOLVED that the application be approved, but that the fee for the year 1973 not be pro- rated. 4. Richard T. Thompson, Manager of Lost Spur Country Club, 2750 Sibley r7e;~oxial Highway. Upon motion by Councilman Rahn, seconded by Councilman Smith it was RESOLVED that the application be approved with the stipulation that the manager be directly responsible for the license of Lost Spur, Inc. and if there is $ change in managers, then the corporation must submit a new application to the Council. for approval. S. Margaret L. Revolinski, 33$5 Sibley Memorial Highway, The Valley Lounge. Upon motion by Councilman Rydrych, seconded by Councilman Wachter, it was RESOLVED that the application be approved subject to the stipulation provided i:~ the letter of recommendation by the Police Chief.. b. Julius Matlinsky, at the intersection of Highway X13 and Blackhawk Road, or on Lot 1, Black 3, Effress Addition. Upon motion by Mayor Poltcin, seconded by Council~aan Rahn, it was RESOLVED that the application be tabled for consideration again on January l6, 1973, A 11 members voted in favor. The clerics then submitted an Off•Sele License application for the DCR Company for the Cedarvale Shopping Center. The Police Chief recommended approval ~~f the Off•Sale Licease. Discussion next ~ortc erred the motion of the Council at «~. its' December 19, 1972 meeting that all liquor licer..se applications other than the five current On•Sale Licenses in existence under the County Liquor Ordinance not be considered until the March 1, 1973 meeting or until the first meeting in March, 1973. Upon motion by Councilman Rydrych, seconded by Councilman Smith, it was RESOLVED that the application of DCR Company be tabled for .further consid~ e ra ti on on January l6, 1973. All members voted in favor. The application of Mr. Victor Perez and Jeffrey Erickson was upon motii~,.~ by Councilman Rahn, seconded by Mayor Polzin, all members voting in favor, tabled until the January 16, 1973 meeting for further cana~.deration if a specific ~.ocation is apeciffed by the applicants. The Mayor then announced the opening of an informal discussion concerni~-~ tie request of Gearin and MelZarek, attorneys of St. Paul to review the decision of the town vote of Supervisors of October 26, 1972 relating to the variance from the set back requirements East of McKea Addition in Eagandale Center Industrial Park ~2. Members of the Park Comamittee including the Park Planner, members of the Council and the Village Attorney discussed the progress to the present time concerning a proposed agreement between the Village of Eagan and Enterprise i'roperties, the owner of the land directly East of McKee Addition relating to the grant of the building permit for the industrial building, the dedication of park Iand and the variance from a 1Q0 foot set back to 60 feet as provided a8 deter» n:,ned by the Board of Supervisors on October 26, 1972. Numerous residents in the area of N;cKee Addition appeared with some ob,~ecting to the set back variance Pnd others favoring the dedication of the Park and the variance set back revisio~~. Discussion concerned the development o~ ~ perm in the set back area with a request that a specific time be determined as to when the berm should be installed and that the cost be paid by the developer o~ the property. It was further recommended ~~~~~± the buffer pane improvements by the Village Park Comoaittee be accomplished as soon as possible during the dear 1973 with a trail a~~° other i~mp~rovements. -3- There was also discussion concerning t'ne set back of the industrial building from the residential area as to compliance with the ordinance requirements including black topping for the driveway or parking around the building. Upon motion by Councilman Wachter m©ved that a meeting of the Board of Adjustments and Appeals be scheduled to review the matter. There was no second and the motion died for lack of second. On motion by Councilman Wachter, seconded by Councilman Rydrych it was RESOLVED that the provisions adopted at the meeting of the Board of Supervisors of October 26, 1972 concerning the application, dedica- tion of Park Land and the variance for set back purposes be accepted and ratified by the Village Council and that further negotiations continue with Enterprise Properties for review again at the January 16, 1973 Council meeting. All members voted in favor, Upon motion by Councilman Wachter, seconded by Councilman Smith, it was RESOLVED that John Voss, the park planner, be suthori~ed to pregare a proposal for the improvement of the buffer Zone only. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it was RESOLVED that an Assessment Hearing for sanitary sewer connection charges for. those parcels in Evergreen Yark Addition that have not paid the connection charges be and hereby is scheduled for February b, 1973 at 7:30 p,m. at the Village Hall; further that the assessment be spread over five years at 8% per year. The Council then rev~,ewed the question whether application for 3.2 on-sale xicenses should be requested from the current licensee's prior to May 1, 1973, which is the date that the County's 3.2 licenses expire. It appeared that there are seven on and off-sale 3,2 licenses in the Village. Upon motion by Councilman Wachter, seconded by ,Councilman Rahn, all members voting in favor, it was RESOLVED that the clerk notify all present licensees .and request that appli~ cations for licenses be submitted prior to the February 6, 1973 meeting, which licenses,~.f gxanted, would be effective ret~~pctively to .January 1, 1973. ~~~ ,. The Village Engineer then preser;ted a preliminary report for Tmprove- meet Project #100B regarding the street improvements in Harvey Addition and adjacent property. Tt was explained that due to an error in description in the original preliminary report certain property owners adjacent to Harvey Addtion affected by the original Tmprovement Project #100 had not been notified concerning t~1e original Public Hearing and the recommendation was made that a new Public Hearing on the Preliminary Report be scheduled, Upon motion by Mayor Polxin, seconded by Councilman Wachter, all members voting in favor, it was RESOLVED that the Public Hearing concerning the Improvement Project ~~100B be, and it hereby is, scheduled for February 20, 1913 at 7;30 p.m. at the Village Hall and that the preliminary report for the project be and is hereby is accepted, The Village Engineer then reviewed the request of Richard Kennealy for payment of the sum of $4l0 for loss of crops due to installation of eanitary sewer lines over the Vogelpohl property near Silver Bell Road. The Village Engineer requested that payment be made. Upon motion by Mayor Pol~in, seconded by Councilman Rahn, all members voting in favor, it was RESOLVED that the sum of $410 be paid to Mr. Kennealy for the purposes outlined above. No action was talcen on the proposed reacquisition of the sewage treat- meet pond from the Metropolitan Sewer Board. Mr. Ben W. Dahlke, 4515 Pilot Knob Road, appeared and presented a letter req~e~ting a feasibility study by the Village Engineer concerning sanitary sewer to his property. He indicated that he was having serious drain field problems and ghat same sewage in the area was draining, including his own, into Thomas Lake causing pollution problems. After considerable discussion the Council requested that ~~. Dahlke contact his neighbors and determine whether neighboring affected property owners would be interested at the present time in the installa- ti3ri of sanitary sewer lines in the area to warrant the installation. -5- Upon motlan by Mayor Polxin, seconded by Councilman Smith, all membe~cs voting in favor, it was RESOLVED that Change Order ~~1 to Street Improvement Project ~~60A with Fischer Sand & Aggregate Company in the amount of $15,773,34 be, and it hereby is approved and further that the final payment in the sum of $31,,938.18 covering the above project be approved, The clerk read a letter from Northern States Power Company advising of the increase fn gas rates of approxi~.ately 5~ to b7o to take affect shortly in the Village, It was requested that the Village Council meet with Representative stay Kempe at 6:30 p.m, on January 16, 1973 prior to the regular Council meeting and it was further requested that a meeting with Senator Howard Knutson be scheduled for 6;30 p.m. prior to the Council meeting on February 6, 1973. Upon motion by Councilman Rahn, seconded by Councilman Rydrych, all members voting in favor, it was RESOLVED that the final payment to Fischer Sand & Aggregate Company in the sum of $14,787.23 covering Improvement Project ~~81 be, and it hereby is,appraved. The Council then discussed increases in salary for office personnel of the Village. T~ members of the Council discussed the possibility for the proposal of a uniform salary arrangement prior to setting the budget for the cglendar year 1974, Upon motion by Councilman Wachter, seconded by Councilman Srr~ith, all members voting in favor, it was RESOLVED that the three secretaries in the office be, and hereby are, granted wage increases for the year 1973 in the amount of $24 each per month effective January 1, 1973 for Lorna Olson and Lorene Lee, and the same anvunt effective for Carolyn Krech effective April 1, 1973. Ups motion by Mayor Polzin, seconded by Councilman Rydrych it was RESOLVED that the Village Clerk Alyce Bolke be, and she hereby is, authorized to '~e paid an additional $50 per month effective January 1, 1973. All members voted in favor. 4 ~~ .y~ +~ ;: , There was concern discussed by the Council members relating to the types of movies being offered at the Cedarvale movie theatre and it was noted that when the application for the building permit was originally granted ghat an understanding was reached to the affect that the theatre would offer family entertainment. The Clerk was instructed to contact DCR Co~apany expressing the concern of the Council. Upon motion by Councilman F.ahn, seconded by Councilman Wachter, X11 wembers voting in favor, it was RESOLVED that the bills presented to the Village be, and. they hereby are, approved according to the following voucher schedule: Warrants #SS2 through X915 and ~1 through ~~6 and X10001 through #10048. Upon motion the meeting adfourned. Dated; January 2, 1973. ~.~ .,~~ i , ..