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07/06/1976 - City Council Regular I4I;ILTTES OF A I;EGULAI'~ i~E?'IT1C OF TI'..2; EAGATT CITY COUP?CIL EAGAP3 , PII'idP31SOTh July 6; 1976 A regular meeting of the Eagan City Council was held on July G, 1976 at 6034 P.ri. at the Iaan City Ball. All members were present. Also present Caere ??osene, Bolke anal ?iaaag;e. At G ° 30 P . Pz. the r2ayor convened the Board of Appeals and Add ust*nents . S'tIITT'. SILT COi1STF.UCTIOPT. The Board heard the application of Shur Bilt Construc- tion for variance to allow tcvo-family dwellings on 13,000 sq. feet on Lots 2 and 3 of Bloclc 1, Ballantrae Addition. Atty. Clinton bicLa~en appeared for the appl3ca-~t_ The APC recommenced approval. Upon motion by Wachter, seconded by Rahn, it was FESOLVED to recormlend the variance be grranted. P7ITUTES. Upon motion by Srnith, seconded T•)achter, all members voting in favor, it was F. SOLVss'J that the nir_utes of tSie June 15, 1976 meeting; be approved a^ I%r^ pared. 135E E.I.S. HEARING. John Klein of the Urban Council on T3obility appeared a~: reco?m~ended that the Council adopt a resolution in line with the APC resolution favoring Alternate Al providing; for,bridUing; over Blackhawk Lake rather than pro- posed ~:lter?zate A2 to the East. Upon motion by i,lachter, seconded P~ydrych, all members voting in favor, it was °.ESOLVED that the City Council be on record approv- ing and adopting tl:e recommendations of the APC and strongly ob~ectinf; to any change in the alignment of I35T through the City of Ea an. POLTCI? DEPA;~TA31;,;T BUSIi1ESS. P•Tartin ')esLauriers appeared. I'tr. De~L.a~sriers discussed with the Council the problems developed from nutornobiles out of control from the Cedarvale lIip.,hlands apartment complex crossing Beau d'Rue Drive. Upon motion by Polzin, seconded Smithy all nembers voting in favor, it was RESOLVED that the City direct a letter to the owner of Cedarvale highlands directing' that a barricade be erected between the parking lot and Beau d'T'ue Drive for protection and safety purposes. -1- 7-G-76 2. Folice Patrol Picnic. The City Clerk indicated that a number of letters were received thanking the Police Department far a very enjoyable police patrol picnic fox the Eagan school patrol. FIRE DEPARTMENT BUSINESS. No action. UTILITY DEPARTMENT BUSINESS. Bi12 Branch was present. 1. Dist Coating Funds. Mr. Branch discussed the need for .additional funds for acquisition of sodium chloride for gravel roads and indicated that nearly all of the 1976 budget had been used. He further stated that to cover all necessary streets i.n the city, about 3 truck loads at $800 per truck would be required. Upon motion by Rahn, seconded Snlth, all members voting in favor, it was RESOLVED that as additiona?. $3,000 fot dint coating in 1976 be authorized to be acquired from the Dakota County Road Apportionment Puna. 2. City Hall Sanitary Sewer. Keith Gordon reviewed three alternatives For bringing sanitary sewer to the City fia11 and the proposed police facility ii,.~ic $5,000 estimated cost from Pilot IZn.ob Beights Addition, $12,000 estimated cost t::.,m Englert Road and $30,000 estimated cost through Rings Wood Addition. No action was taken. PARK COr~ il~'T;E. Y4yrel Lundsten was present. 1. Shade Tree Disease. Bill Erickson submitted a list of diseased oaks and elms noticed for removal and requested authority of the city to reiaove the trees according to ordinance in the event that the property owners do not comply. Ae further recommended that reforestation take place where trees are removed. Upon motion duly made by GSachter, seconded Smith, all members voting in favor, it wa3 RESOLVED that the Council accept the list of diseased shade trees. 2. Mark Schnebrich, the Assistant Tree Inspector, was introduced to the Council. 3. No Sw-Lmm~~Signs. Paul Hauge discussed with the Council the erection of "No Swimming" signs as requested by the Park Committee to be installed around certain _2.. 7'6-76 lakes in the city. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the Park Committee be authorized to erect "No Swimming" signs in locations designated by the Park Committee around certain lakes in the city. SHUR BILT CODISTRUCTION REZONING APPLICATION & VARIANCE. The applications of Shur Bilt Construction Company to rezone from R-I to R-2, ffiots 2, 3 & 4, Block 1, Ballantrae Addition and for variance to allow two family dwelling on Lots 2 & 3, Block 1, Ballantrae Addition consisting of 13,400 sq. feet each were nest reviewed. It was noted that the APC recommended approval of both applications and the Board of Appeals recommended approval of the variance. Upon notion by Smith, seconded G~)achter, all mem'oers voting in favor, it was RESOLVED that the application be approved subject to applicable ordinances including park donation. GENERAL COATINGS INC. SIGPI PERMIT. The application of General Coatings, Inc. for conditional use permit for a pylon business sign on its property at 3u05 Dodd Road on Highway X49 was next reviewed. The APC recommended approval. Upon :nc~ by Rahn, seconded Polzin, all members voting yes, it was RESOLVED that the applic:.tior be approved. OVEF,VIEW ESTATES FIRST ADDITION - PRELIMINARY PLAT APPROVAL. J. Barton appeared on behalf of the application of J. Barton Construction Co., Inc. for preliminary plat approval o£ Overview Estates lst Addition in Section 25 East of Dodd Road. It was proposed that there would be three approximately 5 acre lots and that ultimately up to 32 late. The Council reviewed the APC recommendations and it was noted that the zoning complies with the Planned Development for Lexington South. Upon motion by Polzin, seconded Rahn, it was RESOLVED that the application be aPpxoved with the understanding that all recommendations of the APC including appropriate park dedi- cation as approved by the city and further that the easements for the proposed street^ be included in the final plat. It was noted that no utilities are expected to be installed in the area for some years. 3_ 7-6-76 PL&N?JFD DEVEI,OnA~NT AGREEP'!F'Tv'TS. Paul Hauge briefly reviewed Gopher-Eagan Planned Development Agreement and the Cou^.cil requested a written resume of the agreement at the next meeting for reviecv. 1976 SEAL COAT PROJECT. Upon recommendation of the City Engineer and upon notion by tlachter, seconded Rahn, all members voting yes, it was RESOLVED that the Iow bid of Blacktop Construction Co. for the 1976 Seal Coat Project in the sum of $34,034 be and it hereby is approved. CEDAR GROV ~~9 & ~~11 -PROJECT ~~18I STREET IMRPOVEMENTS. After recommendation, upon motion by taachter, seconded Rahn, all members voting yes, it was RESOLVED that the Iow bid of P?~innesota Valley Surfacing Company covering Project x`1$1 consisting of street improvements in Cedar Grove Pdo. 9, 11 and 12 in the amount of $5:°,290.25 be and it hereby is approved and awarded. PROJECT 4168-A - STORM SEt4TER SIBLEY TERt~IIPdAL ITJDUSTRIAL PARK. The plane are' specifications for the project wire reviewed and upon motion by Smith, seconda~. Rahn, it was RESOLVED to accept and approve the plans and to advertise for bids to be opened on August 16, 1976 at 3 P.I~1. at the City Hall. It was noted that Tom Metzen of rletzen Realty in South St. Paul had been hired as the appraiser for the city to appraise the DesLauriers Pond adjacent to the railroad right-af-way in Project ~~16a-A. CRIES Z1A.R SECOP7D ADDITION - FINAL PLAT APPROVAL. Dave Gabbert appeared on behalf of the application of Gabbert Development, Inc. for final plat approval of Ches 1~?ar 2nd Addition. U~%on motion by ti~achter, seconded Rahn, all members voting yes, it was RESOLVED thaC the application be approved subject to the standard ordinance and regulation requirements. i1lr. Gabbert also renewed his request for planning for the future improvements of the connecting North-South road to Cliff Road and the Council members explained their position adopted at an earlier meeting that there were no present plans by the Council to construct and pay for the road adjacent to the well site property North of Cliff Road. -4- 7-6-76 CEDAR AVENUE FREEWAY. No action was taken. JOHNNY CAFE RIDGE ROAD PROJECT #142. The City Atty. indicated that plans are being made for the preparation of a construction agreement between the Minnesota Highway Department and the Cities of Apple Valley and Eagan for construction of Johnny Cake Ridge Road and further requested advice on whether a joint powers agreement should be set up between Apple Valley and Eagan for joint construction of the road. No action was taken. PROJECT #179 - WATER AREA ASSESSMENTS. The Council reviewed the recommendations of the Assessment Committee of July 1st and it was noted that in the case of Federal Land Company and Associated Families properties that the developments had already begun. After review and upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the recommendations of the Assessment Committee concerning Project #179 elimination of assessments on all parcels ex^not IIIFederal Land Company property and Associated Families property be approved and It the property owners be notified of the action. The City Atty. reviewed the revision in the 1975 Session Laws to provide that a municipality may now reassess special benefits that had been eliminated in the use of tax forfeited property. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the City Clerk be authorized to commence appropriate assessment proceedings on any appropriate tax forfeited property in the city. ZOO DEVELOPMENT GUIDE - METRO COUNCIL REVIEW. The members of the City Council requested that a resume from John Voss be submitted at the next Council meeting concerning the Zoo Development Guide. OMITTED ASSESSMENT HEARING. Upon recommendation of the City Clerk and upon motion by Smith, seconded Wachter, it was RESOLVED that an assessment hearing be IIand it hereby is scheduled for August 3, 1976 at 3 P.M. covering omitted assessments in the City of Eagan. -5- 7-G-76 TEMPO'i.ARY BEiR LICENSE. Upon motion by Rahn, seconded ~~achter, all members voting in favor, it was RESOLVED that the application of P.J. k4cDonnell, Joe B. Athletic Club for a temporary beer license for July 24 and 25, 1976 at Univac Field is hereby approved. CITY FUi~tD TRANSFER RESOLUTION. A proposed resolution was submitted from the City Clerk authorising the transfer of balances of city funds effective as of December 31, 1975. Upon motion by I)achter, seconded Smith, all members voting in favor, it was RESOLVED that the resolution be adopted. LAM CON APPLICATION. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that John Voss of Urban Planning and Design, Inc. be authorized to prepare a preliminary application for La~+~Con grants for the development of Northview Park and a trail between Rahn School and Thomas Lake Park. PEOPLES GA5 RATE II'CREASE. A letter from Peoples Gas Company repardin? a p~~- posed rate increase for natural gas of approximately 7.1% subject to approval a. Minnesota Public Service Commission was received. EVERGREEid PARK DEVELOP2YENT BOND. Upon recommendation of the City Engineer and Utility Supervisor and upon motion by Rahn, seconded Smith, it was RESOLVED that the Escrow Agreement covering Evergreen Park Addition for its sewage disposal system be and it hereby is authorized to be released. PROJECT X6171 - CHANGE ORDER N0. 1. Upon recommendation of the City Eng. proposed Change Order 461 for Imp. Project X6171 consisting of Pumphouse No. 4 extending the completion date from July 15th to August 15th was upon motion by Rahn, seconded t~lachter, all members voting in favor, approved. U.S.G.S COOPERATIVE AGREEMENT. The City Clerk submitted a cooperative agreement between the City of Eagan and the U.S.G.S. for the water quality sampling and testing program for 1976. Upon motion by Smith, seconded Rydrych, all members voting in favor, it was RESOLVED that the agreement be approved and ordered signed. -6- 7-6-76 ~IILLIAMSS - LaRUE 1ST ADDITION FINAL PLAT APPROVAL. The application of James Williams for final plat approval of Williams-LaRue 1st Addition was upon motion by Polzin, seconded t~Jachter, approved subject to compliance with alI necessary ordi- nances including park dedication. All members voted yes. CEDAR GROVE SEIntER PLANT SALE - t2CNNESOTA HIGHWAY DEPARTMENT. The City Atty. submitted an offer of $14,000 from the t4innesota Highway Department for the acqui- sition of 2.1G acres of the former Cedar Grove sewer plant site on Cedar Avenue from the city for proposed Cedar Avenue right-of-way. After discussion and the concern by the City Council that the Highway Department be encouraged to proceed promptly with its plans for the construct3.on of Cedar Avenue, upon motion by Smith seconded Tr~achter, it was RESOLVED to accept the offer of the N.3nnesota Highway De- partment in the sum of $14,000 and further that a determination be made as to the disposition of the proceeds from the sale; further that the appropriate officia.?_s be authorized to execute any necessary documents concerning the conveyance. 135E LEC~L FEES. A letter from Pat McGinnis, the Burnsville City Alanaper, requesting contribution for legal fees for the point I35E action was reviewed. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the sum of $1,734 be transferred to the City of Burnsville to reimburse Burnsville for legal fees submitted by the Grannis and Luther Stalland Iaw firms. RIVER HILLS 9TH ADDITION. Upon recommendation of the Utility Supervisor and City Engineer and upon motion by Smith, seconded Rahn, it was RESOLVED that the improvements in River Hills 9th Addition consisting of utilities and street improvements be and they hereby are accepted by the City. All members voted in favor. GROUP HOSPITALIZATION PLAt1. After discussion and upon motion by Smith, seconded by Rahn, all members voting yes, it was RESOLVED that group hospitalization be granted effective April 1 to all eligible employees to add dependent coverage. - 7- 7-6-76 CEDAR GROVE N0. 9, 11 & 12 - STREET LIGHTING. The City Engineer was requested to review the issue as to whether street lighting in Cedar Grove Additions 9, 11 & 12 had been requested and also to review the method of the city entering into a contract for the installation of the street lighting and future assessment of the improvements. ENERGY COi~YMITTEE - PUBLIC SERVICE COMMISSION APPEAL. Paul Hauge reviewed with the Council the recommendation of the Energy Committee that a petition be filed caith the Public Service Commission requesting that jurisdiction be taken by the PSC to reallocate natural gas in the area to permit the City of Eag.,an and its developers to have equality in the acquisition of natural gas for existing and new development. After considerable discussion, upon motion by Smith, seconded 4lachter, all members voting in favor, it was RESOLVED that the City Atty. be authorized to commence proceedings to file a petition with the PSC to take jurisdiction over the issue of reallocation of natural gas to provide that Eagan not be discriminated again. as to supply of natural gas for new development and further that the City Council be appraised on a reular basis of the progress of the petition. It was noted that an Energy Comeiittee meeting is scheduled for July 8th at which time all federal and state area legislators are invited. POLICE FP.CILITY. The Council next met with James Horne, architect, and reviewed an additional proposed change and layout for the police facility on the old town hall site. The Council discussed in detail the possibility of providing for a layout utilizing the Eagan property on the East side of Pilot Rnob Road and upon motion by Smith, seconded 4Jachter, all members voting yes, it was RESOLVER that P4r. Horne be directed to prepare a layout utilizing the Civic Center site for the police facility and that the Council set a special meeting for July 15 at 7 P.M. at the City Hall to review the proposed plans. Upon motion the meeting adjourned at about 11:45 P.M. DATED : - ~ ~ 7~ ,j_-~ -8~