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08/21/1973 - City Council RegularMzNUTRS OF RE~'Ln.~~R N~~TII~G OIL EAC1.#~T CO~.J!~CIL Vi:LLAGE OF EA~.~+:~, DAkOTA C0~1TY, Nll~irTSCTA August 21, 1913 All members were present at 6:30 P.M. The Village Council met with ~ir~ , ~~au~. f,~ Ley, Che Lakeville Civil Defense Director, and P~?r. Rcbart Burton, the Daketa County Civil Defense Director, concerning a proposed Civil Defense system for t:he Village of Eagan. ~Io action was taken. ,~ ~°egular meeting of the Council, Village of Eagan, DaZ.ota Cou.:ay, P~iau~QQo*a, was held on August 2l, 1973 at 7:04 P.M. at ,the Village 1~all. A~.l r~tembers were pxesznt~ The meeting was commenced with the Pledge of ~,llegiarce, iii ~on motion by Councilman Wachter, seconded by Council±~an Sm~.tt~, t.l, minutes of ttre regular meeting of Augu~:t 7, 1913 were approve;, upon further mot~.an by Councilman Smith, seconded by Counci~.tnan Wachter, all rae:nbers voting yes, it was RESOLVED that the meeting of the special meeting of Anus" 1'r.i1 be app~c'oved, Mrs John 0' Too'.p of the Dakota County Assessor's office apreare~l •~rith a schedule of real estate tax abatements dated August 21, 1973 and attached to t~.iese minutes. Upon mot3.o~a by Couni~.man F.yc~ryeh, sc:cc~idec~ by Cauncilm,a:~ F~ahn, all members voting yea, it was RESOLVED that tyre a~atnmPn"s tb.at were pioposed were approved. Upon motion by Co~snc~lraan Gdaehter, seconded by Councilman Sm~t:~, a1i, members vot~.ng i~u favor it was RESOLVED that thz r2ccm<~r~datio:~s of the A~sess~y went Cou~it~tee accbrd~.ng to their minutes of August 7, 19'13 be and tl~e~~~ 1~~; ~e"~ are approved. The Ponca Chief a;~peared and indicated that the t:equost of "'~~; V'i1,1a;e of Edg~r~ Qy letter of May l~, 1973 req~.~esting speed lir~its foie ~:F:a~.r strtnMs l.n the Vtll~=-.ga have now been agpraved by the l~inresota ~~3.gh~~ay D~;:iil"i»'° inert ~~n3 !pan motion by Councilman Rahn, seconded bJ Councilman S~ai.th, a~.l members vatir.~ aye, ~t was RESOLVED that the Eagan Police Departr~ent tae aY~thc~riza~~ to erect speed signs regsested and approved according to that ~.et}.~;r~ .1.. Dale Peterson, the Building Inspector appeared with a request by the owners of the Mill Work Barn on Beau d'Rue Road for a temporary pole shed on its property 24' x 64's Upon motion by Councilman Smith, seconded by Council- man Rydrycla all members voting aye, it was RESOLVED that the matter be referred to the Planning Committee for review. Barbara Schmidt appeared on behalf of the Park Committee indicating that the plans for Rahn Park and McKee Park are complete and recommended approval by the Park Committee. Upon motion by Councilman Rahn, seconded by Councilman Smith, it was RESOLVED that the plans be and they hereby are approved and that the Clerk be authorized to advertise for bids to be opened September 21, 1973 at the Village Hall at 3:00 P.M. All members voted yea. Upon motion by Councilman Wachter, seconded by Mayor ?clzth, all members voting yes, it was RESOLVED that no vehicle signs be erected in Vier v: e±i and Highview Parks. Daryl Holden of 4232 Blackhawk Road appeared and requested a bui.l.cis..-, ; permit for a metal storage shed on an 8 acre parcel on Blackhawk Road and County Road 30. Upon motion by Mayor i'olzin, seconded by Counci' : aa Rydrych, it was R?SOLVED that the request be approved. Those voting in favor were Mayor Polzin, Councilmen Rydrych, Smith and Rahn. Councilman Wachter eb tained0 Mr. Jerome Hagemeister then appeared on behalf of the application of Land Planning and Engineering Corporation for preliminary plat approval for Pilot Knob Heights Third Addition. The public hearing commenced at 7:30 F.M. The Planning Committee recommended approval. Mr. Hagemeistcr indicated that he would dedicate the necessary right-of-way for road purposes to the Noel of the plat and that Mr. Appelbaum had also informally agreed on the road lay-cut. Upon motion by Councilman Rahn, seconded by Councilman Smith all members voting yes, it was RESOLVED that the application be approved. w 2 There F=as no appearance on behalf of the application of William C. Morton for rezoning and PUD approval on 39.61 acres in the ?Ek of the NE3 of Section 28G Upon motion duly made and seconded, it was RESOLVED that the public hearing be continued until the next regular meeting. The Mayor then announced the public hearing for Improvement Project #126 consi3ting of sewer, water, storm sewer and street improvements in Wood.. gate Addition on Cliff Road. There were no objections. Upon motion by Council.. man Rydrych, seconded by Councilman Wachter, all members voting yes, it was RESOLVED that the project be approved and ordered in and that the Village Engineer be authorized to prepare plans and specifications,. The Mayor then announced the convening of the public hearing concerning Improvement Project #125 regarding street improvements on Highvizu Avenue in Highview Addition. The Village Engineer explained the project. All cwr1r0 IIIaffected by potential assessments appeared personally or by letter and cppe4 i the improvements at this time. Mr. Donald Knight appeared and explained several reasons for the requesting improvements. Upon motion by Councilman Rydrych, seconded by Councilman Wachter, all members in favor, it we, RESOLVED that the project be rejected because of the opposition by the affected owners. Richard Stryker and David Grannis appeared on behalf of DCR Co. concerning the request of DCR Co. that Applebaums be permitted to cperate the off-sale liquor license store on Beau d&Rue Drive and Rahn Road now in the name of DCR Co. as licensee. It was noted that the Minnesota Liquor Control Commissioner had approved the arrangement. Mr. Stryker indicated that DCR did not object to the transfer for a new license for Applebaum's and it ap: ared that the Council was receptive to Applebaums's holding the license, It Wan IIIsuggested that a transfer request be prepared by Applebaums and submitted to the Council. ML. %ogling and Mr. James Horne appeared regarding the request of -Mr, Kisling for municipal water served his property in Kingswocd Addition, The estimated cost of the project would be $9,600.00 for the water service. Mr. Horne indicated that he did not object to the improvement if there is no assessment at the time of the hook-up. Upon motion by Councilman Rahn, seconded by Councilman Wachter, all members voting aye, it was RESOLVED that the Village Engineer be requested to prepare a preliminary report and that a public hearing be scheduled for September 18, 1973 at the Village Hall at 7:30 P,M, A request from DCR Company for water and sewer service to the cff'aale liquor store on Beau d'Rue Drive and Rahn Road was next requested. Upon motion by Councilman Wachter, seconded by Councilman Smith, it was RESOLVED that the request be referred to the Village Engineer to prepare a change order to an existing project. All members voted aye. The Council then discussed the proposed regulations for sauna oper- ations in the Village. A review of the former sauna operation on Cedar !. ernue was made including the pending Dakota County District Court case. Suggestin, included an investigation fee for all employees administering massages and that an application be required of each such employee. After considerable discussion, upon motion by Councilman Wachter, seconded by Councilman Rehn, it was RESOLVED that the Police Chief, Councilman Rydrych and the Village Attorney Paul H3uge be directed to serve as a committee to formulate recommen- dations for regulations of saunas. All members voted yes,. Mr„ Kenneth Barghini, Attorney, appeared on behalf of the application of the Paul Damico application for a special use permit for a sauna operation at the former Jane's Sauna location at Cedar Avenue. The Village Attorney recommended the grant of the application for the reason that there is a pets._ng lawsuit regarding the location, that there had been no investigation of th. applicant to date, that there were proposed regulations that are being proposed, that the location presently has been closed down. After discussion, upon motion by Councilman Rydrych, seconded by Councilman Smith, all members voting eye, «. 4 - it was RESOLVED that the application be denied, but that it would be reconsidered later if the application is submitted under the new regulations. The applicant's attorney then requested that the application be withdrawn and the Council granted the request. Mr. Paul Deerstad, the Department of Natural Resources representative in the area, appeared and read a statement concerning the alleged pollution of Thomas Lake. Mrs. James Barker also appeared regarding the alleged serious pollution the lake. It was noted that tests were made by USGS covering about 19 lakes in Eagan and the tests were reviewed. Upon motion by Councilman Wachter, seconded by Councilman Smith, all members voting aye, it was RESOLVED that the Village Engineer review costs estimates for taking additional tests and report back to the Village Council at the next meeting. Certain property owners appeared and indicated that the pollution was no greater than earlier years. Mr. James Frisbee appeared on behalf of the application of Timberla:.id Development Corporation for final plat approval in Oak Chase 3rd Addition. Upon motion by Mayor Polzin, seconded by Councilman Rahn, it was RESOLVED that the application be approved and all members voted yes. Upon motion by Councilman Rahn, seconded by Councilman Smith, all members voting yea, it was RESOLVED that the low bids on the following projects according to the Engineer's recommendation be and they hereby are approved: Project # 105 - Cedarvale Shopping Center Improvements $50,361.00 - Bituminus Surface Treating Company Project # 112 - Pumphouse No. 3 - part 2C $63,184.00 - Lee Richert Plumbing & Heating Co. Project # 120 - Pilot Knob Heights & Wescott Hills -A water and sewer improvements $58,788.80 - Richard Knutson, Inc. The Council then reviewed the proposed policies concerning the retirement of assessments on Park Board land. A proposal submitted by Council- - 5 man Rydrych was reviewed in detail, It was requested that an up-to-date accounting of outstanding assessments against park land be acquired and the Village Attorney be requested to review the matter in further detail with the Park Committee.. A proposed draft of an amendment for the sign Ordinance #16 was referred to the Planning Committee for review. In addition a proposed amendment to Ordinance #10 concerning street lighting and underground utilities in residential subdivisions was referred to the Planning Committee for review and comment. A draft of a proposed tree ordinance prepared by Councilman Wachter was submitted. After discussion and upon motion by Councilman Wachter, seconded by Councilman Smith, all members voting yes, it was RESOLVED that the draft of the tree ordinance be and it hereby is approved and ordered published by the Village Clerk. It was also suggested that a revision of the subdivision Ordinance #10 include sidewalks particularly on collector streets in the Village and new subdivisions, Upon motion by Councilman Smith, seconded by Councilman Rahn, it was RESOLVED that the contract for Improvement Project #110-B, Kennebec Drive and Dlackhawk Road street improvements, and the contract for Project #110-A water and sewer extentions be and they hereby are approved and ordered signed by the appropriate officials. All members voted in favor. The application of Donnywood Developers for a sign permit at the entrance to the development of the Jurdy property on Pilot Knob Road and J.°vdy Road, 4' x 8', was upon motion by Councilman Wachter, seconded by Councilm:n Smith, all members voting yes, approved,. Mr, James Horne the developer of Kingswood Addition requested ihnt Coronation Road and Kingswood Road be accepted for maintenance purposes. Upon 6 motion by Councilman Rahn, seconded by Councilman W ter all members voting yes, it was RESOLVED that said roads be accepted for maint' , , ; ce purposes. The Village Engineer indicated that he had met with the owner on the East side of Wescott Road concerning proposed street improvements on Wescott Road. Upon motion by Mayor Polzin, seconded by Councilman Smith, all members voting yes, it was RESOLVED that the Village Engineer be authorized to prepare a preliminary report concerning the proposed improvements and that a public hearing concerning the preliminary report be scheduled for September 18, 1973 at 7:30 P.M. at the Village Hall. A proposed resolution at the request of Roger Katzenmeier to combine the 1973 Bond Issue of $2,100,000.00 with the 1970 Bond Issue of $150,000.00 for accounting purposes to match costs was submitted by the Village Attorney. Upon motion by Councilman T-Tachter, seconded by Councilman Rahn, all members voting yea, it was RESOLVED that the resolution be approved. The Council then reviewed the junk violation on the Willis and Maude Harrington property on the South line of the Village. Council members had received numerous complaints and in addition the Police Chief recommended that action be taken to abate the nuisance,. Recognizing the serious problem including safety, nuisance and esthetic problems, etc. Upon motion by Council- man Smith, seconded by Councilman Wachter, all members voting yes, it was RESOLED that steps be taken to implement Minnesota Statutes Chapter 168==B to dispose of the vehicle according to the resolution attached to these minutes and made a part hereof. Upon motion duly made and seconded, the bills presented were ordered paid according to the following schedule: "13- 78 ; l v n ,- (6a ) t © v - i1 iaq , Upon motion the meeting adjourned at 12:00 o'clock P.M. Dated: August 21, 1973. "'y2fj" 4 - 7 .