03/02/1976 - City Council Regular .6
AFT:~TL1iE~~ OF A RFsL-'~JI. ?'!~:G'i~T~.'G Ct r~~ E~.C~iJI C'ITx COL':dC'
A re~n.~1ar nr~Pt3n of the Eagan city Council waa held on P;a.rch 2, 197b at
F~;3') p.r,~. a..t t~~«= City F.a11. A1;4. m~mbera were p;:csent. Also preoAr..*_ K*are Fwsezes
Bo;o_'~e aad ~tiauga a
~~r':~I?~) Q.Q~ RU~~7STP~ITS & AFFEALS. At 6:30 p.m. Chairman Polzin annat:.nc~d the
^_onTEr~:L::,~; c~~' ti;~ Bon:~d of_ ~~~ustment3 and Appeals to consider the application of
Coca-Cola ?~idwa~t far vc:ri3:~ce froze the rear yard set-back regulation for an ir.du^_--
±:i3al b*±i3_diz~c, on Loi: 13 in the North 60 feet in Lot I4, Block 7, Eagand~~? C~~±~r
Industrial 'ark. 7"he AFL' recommended approval. All members of the Board ;•~eie
prescni: exce~f: 2?arble and Hill. Mx. Tom Stahl appeared for the applicant and
e::=p~.a~.ad that- an easement is being acquired from the ad,jacant owner, E~px~aa~~r.~}-
Prepe.rties to provide in effect for a tiC' foot set-back total on the ad3ainia~ to*.
Polzin iaoved, tdachter seconded the moi.:Lon to recou,rnend approval of the variance
svb,ject to the acquisiwicn of t're easement.
.':T.NLT'TES. TI?e re~1.Gx Council maet~?g convened at 6:4C p.m. After tt-~e Ple;ap
of Al1.F~giance, tipo:~ m~i on by Rahn, Seconded ~yary ch, a? 1 members voting yea, it
:;ra R UCLsr~~O that tl-.' n3rutFS of the regu:i.ar meeting of Fobruzrr 17, 1970 and a
apecZal meeting of the Cozncil oz February 21, 1976 be approved as distributed.
3Gt:~~1N & ~iC+?I)Y - _'BOI•]D .EL~V~CED ILEF'?1ri'DiY~G. Steve Mattsan of Juran & rioody, Inc. ,
f~.s^al (;Gn:;u?.t~~;ttS, appeared and discussed various alternatives for advanced
refund:Lng of taree bend issues of the Ctty of Eagan. Roger Katzenmeier, the
city ac~otsltant, t.as also present and recommended several items in the e4ei~t of
advai~ceal rc.func?ilg:
1. I, s~i;gesved indemnification by the institution or bank in case of a rrobin~u
with ar~~itraga issues and any future effect it may have upon preaent sssr.;sv~r,__}.:
raid thA bos3 iesu~ involved.
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2. Ar. opinion of Juran & Moody, t~ha,t it is the codrect time and s~oa°t ir..t:~r-
fere with any issues of any kind.
3. 4?hether there would be any effect upon present assessments or the bond
isRU~.
~x representati~°e of Dain, Kalman and Quail and Piper, Jaffrey & Hopwood, Ir.:c.
appeared 3o~.ntly and suggested that if the City Council were to consider refunding
that they seek alternate proposals for refinancing from other firms.
GROITP IiEALTtt INSURCN~:E. Erwin Helmken, Eagan°s insurance agent of rccoru,
appeared and 3.ndicated that the anniversary date of the health group policy is enrol.
1st 2.nd rECOmmended that come suggested revisions in the plan be prepared and tt:?t
the Courci.J. advertise for bids during March, 1976. He suggested aJ.so that tt:~1P
be a rPvi.ew of the benefits for all employees and also review the head of hmsse'r~rh
provisior_. The Council is on record indicating that it will pay up to a pr_~miu?a of
X55 per month for each employee of tt!e City ~;nd dependants. Upon motl.on by t?olzin,
seconded Smith, all members voting in favor, it ways RESOLVED that thA aFen*_ of record
be aart;erized to draw specifications and that the Clerk be authorized to advertise
fc;x bid:' for hroup health insurance program to be opened oa N:arch 3J, 1976 at 3:v0
p,ra. at the City Hall.
hSSESSI'~:PJT ABA':~P1TS. Jelin 0°Pteill of the Dakota CoL.nty Assessor`s o` icy;
appeared w3t-h a schedule of proposed abatements covering several parc`ls in the City
ar_d upon motion by ti.ahn, seconded Ry3rych, all members voting yea, it ~•as RES^i,Vr.D
tt:at the recn?!+mar_dations be approved.
Fl'~E D::P.4RTT~NT. Al Horrocks appeared and proposed that the City author sze
the constCUCt3.nn of improvements in the open meeting area in Station 2 arzcl t:?-at *h?
Cj.iy Council P•a.thorize up to $1875 in materials with the work to be done by Fi;-e
i~epartrient membera. Upon motion by Rgdrych, seconded Rahn, all members Y: o;.~;;~; -'.r..
fwvor, it axes ?.rSOLVED that the Fire Department members be authorized to g~ a_ti.~.:;
r~ith the ~mFrcvements and that the cost be covered from the General Fire i}enartmat
fLnds if passible, within the current budget.
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PCI,IC,E riEPA~'.Ti1EPTT. I~~lrtir. n4a:,ai~;:.'•:rs appeared.
1. Cquad C.ar. Iie rAqueste:l ti~at the Council authorize the seeking bids for a
ne„ ^~a,u~d car. Upon motion by Rahn, seconded Wachter, all members voting yes, it
V:t s ~:i:SOLVED to authorize the Police Chief to request quotations for a rcw squa3
c.~
2. StYeet Li~b.ts. Bill Branch and Martin DesLauriers reviewed a proposai fnr
tl:e installation of street li3hts and suggested that 6 additional street lights be
installed each year with C~~uncil review of each proposal. Upon motion by S:ait~~,
sFCOn?s3 Wachter, 412 members voting in favor, it was RESOLVED that a street 1:_ght:
he au.char.zed to ba installed at highway 4613 and Shawnee Road and upon motion b~~
Ryirycl?, secanded Smith, a? 1 members voting yes, it was RESOL4~D that tha i'ol-+.~e
Chief _,.ncl Utilii:y Supervisor be directed to plan for a maximum of 6 neT~ str2~.t
13.ght~ nor year at important intersections and that the locations be recommau:.~-~•~
ar~.nuat2y 2.nd approved individually by the Cauacil.
L'?'ILTTY P,EPAR?'MEIJT. William Branch appeared.
1. INIT. Branch indicated that Mark 3epson, a CETA employee, has res:Igned azzd
L-~:at ~•?it2iam Flocchini has replaced him.
2. Roar! Weight Pestrictions. The Council discussed the need to irul~ose wei~,ht
restrictions Suring the Spring of 1976 on City roads and it was noted that 1?a'ccta
CoL?.nty daps not restrict weights on county roads any longer. Upon motion rJy Waclrt-~:r,
seconded Rydrychy it was RESOLVED that the Utility Supervisor be aut11or3_zecl to
dn.terniinA y:h:~ ch roads should be restricted for weight limitation purposes e?ch yes.r
unti?_ the policy is further reviewed and amended.
PART: COA'~7ITTEE. Dale Everson appeared.
The Committee reco~:mended that the builders risk policy for Kopp Cc~r_t.i.rrctiv.~
~:a. for trae Fshn School Activities building be cancelled and upon motion b-; 41?^.'•itpr,
secanded ;~mitr; all members voting yes, it was RESOLVED that the bond be .au~.izc~:~~:~zed
_ to 1,,E 0173 ~^l.ted.
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~ 2. C:Lvic Center. Dale Ever,~on b*:i~fly reviewed the proposed operating ces,.s
foc° t?~~ proposed Civic Canter ar.1 requested that a T°ay 11, 1976 date be set as the
e'_- :aion date for the Civic Center bend issue. He rlso showed trs Council a prr.~~r._:;.
c~rn;^hure for thz bond issue campaign. The City Atty. was requested to review a
potential problem c~hereby in the event that both the County reorganization plan and
the bond issue election are held the same day, whether there would be a technical
conflict in that the County election would be held between 8 a.m. to 5 p.m. and
,_he Cis:y election from 7 a.m. to 8 p.m. No action was taken on the date patting.
I3'JZiDi1G PERPiIT APPLICATIOTdS .
1. Tyr. Roger Salem of 1956 Carnelian appeared and requested a building perm~~.
It was noted that thQ Council recommended against submitting the building permit
to provide for backing of automobiles onto Rahn Road. Upon motion by Wachter,
seconded Smith, all members voting yes, it was RESOLVED that the building permit be
approved provided that a driveway turnaround be constructed on the lot cc±th ac~:c
to Rahn P.oad .
Z. Coca-Cola Midwest. t~.r. Tom Stahl again appeared and explained the proposed
building which formed a part of the application for Coca-Cola T~!idwest for building
permit and set-back variance from the rear lot line for an office-warehouse storage,
2C0 feet x 290 feet. 'iPhe value would be $1,X0,000 on Lot 13 part of Lot 1!~, Eagan-
dale industrial Park. The APC and Board of Appeals recommended approval. Upon
motion by Polzin, seconded P,ahn, it wss RESOLVED to approve the building permit
a.zd the t:.riance subject to the acquisition of the easement and further sub3ect
`.o the rece~nendations of the APC.
3. Lindsay water Softener Sign Permit. Mr. James Beiseker and Larry ~Iaferman
~.;r gyred ar.d djscussed the application for the use of the Burnsville Realty sign
edar Avenue for Lindsay Water Softener advertising. It was noted that the
~.o~:? not comply with the proposed ordinance. Upon motion by Wachter, seconded
,a_hr.S -i:~_:~. members voting in favor, it was RESOLVED to approve the application.
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CIiF~S M.~R ADDITION - FI1`dAL PLAT APP.OVAL. The final plat for Ches Y~r Add3ti.on
eras su'amitted but no action was t+~~.cen and an attempt w•.:.11 be made to complete all_
of the req::~.remenrs by the next regular r~eet3ng.
ELLERBE 1!SS(!CIATE; ARCHI'!i'CTS - MTaTCC. The application of the IdG]C~ and Elle;:be
Architects for an excavation pexmit on Tract E Registered Land Survey 4~4 in Cedar
Industrial Park was reviewed by the City Engineer. The APC recommended approval
subject to certain conditions. Upon motion by Wachter, seconded Rahn, all me~rbers
~:~oting yes, Z4 was RESOLVED that the application be approved subject to the ArC
recommendutl.ans and further that the peYformance bond under the excavation ordinanc..
ae taaived bQ~_~:use there does rot appear to be an excavation, but simply a movement
of flyash fzor: the 214ICC holding Bond and material from MWCC's o~m property to a
depression on Landmark property adjacent to highway X13.
ORDINANCE N0. 16. The Council reviewed the most recent draft of Ordinance No.
16 submiiaed by the City Atty. with certain revisions and two additional ch~r.~--_
were recommended including a revision to Section 16.04 Subd. 1 location t.~ith ,ct
to other signs and a change to Section 16.07 Subd. 3 rlajor Complex. Upon motion by
Smith, seconded Wachter, all members opting in favor, it was RESOLVEb to approve
she ordinance with the changes noted and that the Clerk be authorized to publish
the ordinan^e according to law. Upon further motion by Smith, seconded P.ydrych, all
members voting yea, it was RESOLVED that the following fee schedule be approved
for Ordinance No. lbe
1. Advertising Free-Standing Signs over 7 feet - $50.annual and $25 renecarl fec
2. Free-standing Business Signs under 7 feet $30 ann~ial and $y0 rene;~al fey
3. i:ssine3s Signs on building $20 annual and $10 ren~:aal fee
]lE~;OTA COUNTX ASSESSI~B;NT APPEAL - IPB?. PROJECT ~~137. 24ayor Polzin and Paul
H~:~~ attended a Dakota County Board meeting on March 2nd and requested re~°isicns
i.h.~. ~;_oposed agreement between the City and the County regarding the appeal of a
~'L~:IP.S,_ a.~.8_ting to Dakota County park land under Project ~~137. It was noted that
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the County agreed with the assessment of the Easterly S0 acre parcel on the basis
IIIof 194 rates together with interest in effect at the time of any potential usage
and further that the City Council commit itself to the understanding that it will
not assess Dakota County land adjacent to Apple Valley lying Easterly of the land
involved in Project #137 for sanitary sewer and water purposes unless the county
were to request the service. It was noted that this provision does not include the
storm sewer or street improvements. Upon motion by Wachter, seconded Smith, all
members voting yes, it was RESOLVED that the foregoing be approved by the Council.
DIVINE REDEEMER AMBULANCE SERVICE. It was suggested that review of the specs
levy to finance the cost of the ambulance service would be reviewed further and
discussed at the next regular meeting. A letter from the local League of Women
Voters recommending that Eagan join the other municipalities was read to the Council.
ASSESSMENT COMMITTEE RECOMMENDATIONS - FEBRUARY 10, 1976. Upon motion by
III Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED the fc:i .ng
recommendations of the Assessment Committee be adopted:
1. Adopt a policy for water area connection charge for platted lots.
2. Approval of a 15 year utility assessment spread for Ches Mar Addition.
3. Approval of assessment for Lots 3 and 4 in Highview.
4. Approval of assessment for Cedar Grove Baptist Church and Rahn Villa Apts.
5. Approval of Assessment Committee recommendation for audit of assessment.
WATER AREA ASSESSMENT HEARINGS. The Council discussed in detail the proposed
assessment hearings for water area purposes in the Northerly and Westerly portions
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of the City that had not been assessed at the time of installation of the original
projects in the general area. It was recommended to split up the hearings into
three parts and the Assessment Clerk was authorized to commence preparation of the
i.'1:'S as soon as possible. Upon motion by Wachter, seconded Rahn, all members
oting yes, it was RESOLVED that the Clerk be authorized to prepare the assessment
-clld and that the first hearing be scheduled for April 13, 1976 at 7:00 p.m. at
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the City Hall covering Part 1 of water area assessment project;, that 1975 water
area assessment rates be used with the understanding that they will conform closely
to the original costs of the original project in the area in conjunction with the
amount of the assessment of each project and that the Clerk be directed to specify
the project for area benefit purposes.
DAKOTA COUNTY GOVERNMENT STUDY COMMISSION REPORT. The Council briefly reviewed
the report and indicated that it would not make a recommendation in favor or against
a report.
WOODGATE STORM SEWER PRELIMINARY REPORT. The City Eng. submitted a report fo
storm sewer improvements in Woodgate Additions and upon motion by Rahn, seconded
Rydrych, all members voting yes, it was RESOLVED that the report be accepted.
PLANS & SPECIFICATIONS. The City Engineer submitted the plans and specifi-
cations for Lost Spur water main consisting of Project #169, water main to Deep Well
No4 4, Project #171 and Woodgate storm sewer consisting of Project #178. Upen
motion by Wachter, seconded Smith, all members voting yes, it was RESOLVED that
specifications and plans be accepted and approved and that the Clerk be authorized
to advertise for bids to be opened at 3:00 p.m. on Monday, April 5, 1976 at the
City Hall.
JOHNNY CAKE RIDGE ROAD STREET IMPROVEMENTS. A report from the Senate Sub-
committee was reviewed by the City Eng. recommending that 3/4ths of the cost of
the improvements of Johnny Cake Ridge Road be charged back to the City and be
credited over a 10 year period of state aid funds. The Council also reviewed the
provision in the bill that the municipality would not be able to assess any of the
cost of improvements or acquisition of right-of-way to the abutting property owners.
No action was taken.
III STATE AID STREETS. It was noted by the City Eng. that the 1976 allotment is
In the sum of $163,000 and recommended that the Council consider improvements during
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1976 including Rahn Road from Cliff Road Northerly to Cedar Grove No. 4 at an
estint ted cost of $125,000; the proposed overlay of Silver Bell Road from Highway
##13 to Blackhawk Road with an estimate cost of $50,000; and Silver Bell Road from
Cedar Avenue Easterly also was suggested for improvement. It was noted that
Dakota County requested FAU funding for Cliff Road to Pilot Knob Road for a 1976
project and further stated that the county would require the city to pay for 100%
of the cost of any trail along county roads. Upon motion by Wachter, seconded
Smith, it was RESOLVED that the Eng. be authorized to prepare a feasibility study
for the improvement of Rahn Road portion described above and report to the City
Council at a later time. All members voted yes.
ASSESSMENT POLICY FOR NEW RESIDENTIAL AND COLLECTOR STREETS. Members of the
Council discussed the current city policy that requires developers in new industrial
and commercial areas to pay 100% of the cost of new collector streets and developers
in residential areas to pay only a residential equivalent for collector street.
It was suggested by Councilman Smith that developers requiring new residential
streets be required to pay 100% of the development cost whether on residential or
collector streets. After considerable discussion, it was referred to the Assessment
Committee for review and recommendation.
ORDINANCE NO. 5 - KEEPING OF ANIMALS. The City Atty. reviewed and recommended
changes in the animal ordinance to provide that no domestic animal would be allowed
to run-at-large in the City of Eagan, noting that running-at-large means not under
control of the owner or on the owner's property. Upon motion by Polzin, seconded
Wachter, all members voting yes, it was RESOLVED that the recommended amendments
to Ordinance No. 5 be approved and that the Clerk be authorized to publish the
amendment.
RAHN ROAD WALKWAY. There was discussion concerning a proposed walkway from
Ceder Grove No. 4 to the Rahn Park entrance and it was requested to be included
in the feasibility study for the upgrading of Rahn Road.
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DE11P WELL NO. 4 - IMP. PROJECT #171. The contract with Lee Richert Plumbing
IIIand Heating, Inc. covering Deep Well No. 4 Pumphouse under Project #171 was submitted
and upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED
that the contract be authorized to be executed.
TOWNVIEW ADDITION. The Clerk indicated that the developer of Townview Addition
paid connection charges for sewer and water prior to the imposition of SAC charges
in 1972 and in addition paid all the building permit fees at that time. The Council
indicated that no new connection charges for water purposes would be charged. Only
the MWCC SAC charge and building permit fees would be required because of expiration
of the building permit period should be paid by the developer at the time of acqui-
sition of the building permits.
PARK DEDICATION. Upon motion by Wachter, seconded Rahn, all members voting
yea, it was RESOLVED that cash dedication fees for park purposes be revised to
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provide that residential units covering duplexes through townhouses be set at 060
per unit and that multiple family and single family dedication requirements not be
revised.
EMPLOYEE BENEFITS. The Clerk indicated that employee benefits were not
technically approved by the Council at the time of the setting of salaries of January
Upon motion by Smith, seconded Wachter, it was RESOLVED that benefits scheduled by
the Clerk be authorized for all city employees not covered by collective bargaining
agreements.
MIDAMERICA NATIONAL BANK OF ROSEVILLE. Upon recommendation of the City Clerk
and upon motion by Polzin, seconded Rydrych, all members voting yea, it was RESOLVED
that MidAmerica National Bank of Roseville be authorized as depository for addi-
tional Eagan funds.
IIISVENN BORCERSON 1529 McCarthy Road. The City Atty. reviewed a claim by the
City of Eagan in the amount of $2100 for the raising of two man-holes on the Borger-
son property at 1529 McCarthy Road and a counter-claim by Mr. Borgerson of $5500 in
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damages. After discussion, upon recommendation of Bill Branch, Alyce Bolke and
IIIPaul Hauge, upon motion by Rahn, seconded Smith, it was RESOLVED that the claim
by the City of Eagan against the property be dropped provided that the owner of the
property will dismiss any claim he has against the city regarding the improvements
on the property.
WOODGATE 1st and 2nd ADDITIONS - PERFORMANCE BONDS. A request from New
Horizon Homes and recommendation of the City Eng. that the Woodgate 2nd Addition
development bond be reduced to $19,950 and that the development bond for Woodgate
1st Addition be released was reviewed. Upon motion by Wachter, seconded Rydrych,
all members voting yes, it was RESOLVED that the Clerk be authorized to take the
action recommended above.
Upon motion duly made and seconded, the meeting adjourned at 12:15 p.m.
Dated: March 2, 1976 A a- 1,: -l-eiL _ � 17 F ,
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