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10/05/1976 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUmNCIL EAGAN, MINNESOTA October 5, 1976 IIIA regular meeting of the Eagan City Council was held on October 5, 1976 at the City Hall at 6:30 P.M. All members were present. Also present were Bolke, Hedges, Gordon and Hauge. MINUTES. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the minutes of the previous meeting be approved as distributed. POLICE CAR ACQUISITION. Police Chief Martin Des ,auriers appeared regarding the bids received for two 1977 police cars with the low bid of Wilroy Ford in the amount of $8,089.68. upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the low bid of Wilroy Ford mentioned above be accepted and that the contract be awarded. PUBLIC WORKS ADDITION GRANGE ORDER. A recommendation by the Park Direct:c•r that matcLing case aluminum letters on the Public Works building for the Park IIIDepartment be ordered was reviewed and upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the Change Order be approved. POLICE FACILITY PLANS AND SPECS. James Horne, Architect appeared and reviewed in detail with the Council the final plans and specifications for the proposed police facility building and recommended authorizing advertisement of bids. Upoe motion by Ryerych, seconded Rahn, it was RESOLVED that the plans and specifications for the building be approved with the understanding that the three windows on the North side be omitted. All members voted in favor except Wachter who voted against. Upon further motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the Clerk be authorized to advertise for bids for the contract for the building and that the bids be opened on October 28, 1976 at 2 P.M. et the hall.. PROJECT #185 - HEIR PROPERTY. Mr. Heine appeared regarding the public hearing III relating to sewer and water extensions to the Heine property in Section 28 on County Road #30. It is estimated that the project could be completed with a 10-5-76 Change Order to an existing contract for about $13,973. There was discussion III concerning which lots should be assessed for the improvements. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the project be ordered in with the understanding that the assessments run no further South than the South line of Lot 6 extended Easterly and cover the land between that line and County Road #30 and further that all parties in interest sign the required easements for the required street easements. TAX FORFEITED PROPERTY HEARING. Mr. Eugene Kubes and Ur. Svenn Borgerson appeared as owners of lots in Timberline Addition concerning the continued hearing where it is proposed that the City reassess formerly tax forfeited land. Mr. Kubes indicated that he owns four lots and may be able to construct two to three homes potentially on those four lots with an estimated $6100 in additional assessments. Several alternatives were discussed including the following: a. Where there are existing agreements - no action be taken by the Council III at the present time. b. In the event that any prior owner or a representative of a prior owner has reacquired the property, then that land may under former law be eligible for reassessments. c. Specific action to assess nr to eliminate from any assessment roll any lots that may have been acquired prior to the adoption of the 1976. assess- ment statute and don't fall within a or b. Upon motion ;y Rahn, seconded Smith, all members voting yes, it was RESOLVED that the public hearing be continued until the next regular meeting for further recom- mendations. n .. P..C.,>.G.+.T ,r#1u0 RAHN ROAD STREET INPROV£NENTS. The Clerk submitted the list of bids for the project with Minnesota Valley Surfacing being the low bidder in the sum of $121,134.84. Upon recommendation of the City Engineer and upon motion by Polzin, seconded Wachter, all members voting yea, it was RESOLVED that the low bid be accepted and awarded. IIIHERITAGE LANE - LETENDRE ADDITION. The City Administrator indicated that a petition which was to have been received has not been submitted regarding curb & gutter improvements on Heritage Lane. No action was taken. -2- • . 10-5-76 PAKO rHOTO BUILDING APPLTCATTON - CONDITIONAL USE APPLICATION. Representatives III of Pako Photo appeared on behalf of its application to allow a photofinishing business in the Cedarvale Shopping Center parking area. The APC recommended approval. Upon moticn by Rydrych, seconded Wachter, it was RESOLVED that the application be granted. All members voted yes. UURREY HEIGHTS 4TH ADDITION FINAL PLAT. Mr. Larry Frank appeared regarding the application of final plat approval for Surrey Heights 4th Addition consisting of one building of four units. Upon motion by Rahn, seconded Rydrych, it was RESOLVED that tee epplication be approved provided, however that all the ordinance requiremeate are coimieted including landscape and miscellaneous improvement bonds and perk dedientloe requirements. SEWER RATFSTUDf FOR DUPLEXES. Tom Hedges, Administrator, indicated that there have been se ele!eecions to the race structure for sanitary sewer purp,ses for duplexes and recommended that a study be undertaken regarding the rates. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the City Administrator undertake such a study and report to the Council. LEXTM2nN ZY°MITUE TRUCK TRAFFIC. A petition has been received fe, n residents *_.e along Lemlnerea Avenue requesting that trucks be rerouted through a lees populated area due to the excessive noise and safety problems on North Lexington Avenue. Council members indicated that it is a county road and the City would not have control of eliminating truck traffic on the road. Upon motion by Rahn, seconded Smith, ell members voting yes, it was RESOLVED to refer the matter to Dakota County withal:: reconmendation from the Council. CH2S KIR r1RST ADDITION - DEVELOPMENT CONTRACT. The City Engineer recommended that the curb and gutter improvements of Ches Mar 1st Addition be approve:, and accepted and that the outstanding development bond be reduced by $11,250, Upon II/ motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED to accept the improvements as recommended and reduce the bond in the amount of $11,250. -3- 10-5-76 CONDITIONAL L USE PI'^I`IT RENEWALS. The Council reviewed tha following conditional use permit request for renewal and upon motion by Pclzin, seconded emi•th, all members voting yea, it was RESOLVED that they be approved as follows 1. Instant Homes at the location of 2831 Hwy.#55 in Eagan for a trailer sales lot. 2. Alfred Wiger., 789 Blue Gentian Road for group therapy practice. 3. Orville Homes Co. , 3430 Wescott Hills Dr., Eagan a home for the mentally retarded. 4. Mrs. Jeanette Flogstad, 4300 Blackhawk Road, Eagan for Day Child Care Center. 5. PakottMornes, 3660 Dodd Road, Eagan for trailer sales lot. M CA. 1. .TTE4 -_135E. John Klein appeared and reviewed a letter from the MI-CA dated September 16th. �:o Kermit McRae, the District 9 Highway Engineer. Mr. Klein recom snded that the letter be reviewed before the City Council and a response be made to the M1CA. Tue letter was turned over to the City Administrator for review and recomanolation to the Council at a later meeting. (1TNELTAN PARK SKATING RINK. The Park Committee had requested that reg w ng IIIbe done to Carnelian Park due to the uneven grade of the existing park. Upon motion by Polzin, seconded Smith, it was RESOLVED that the City Engineer be auto or teed to do i:he necessary staking with an estimated cost of $2O) cold thst the Ctn.? h-2 au t lr._ri.r'e t to proceed with its own equipment and personnel aat ,1.1 est hi atcd es. m =e of $. 3C0 to do the regrading of the park as recommended by cha Park Corm?ttec BOPES PCu, RO-.ENC PARR CONTRIBUTION. It was noted that a check for $250 was received from Bonestroo, Rosene, Anderlik and Assoc. for a contribution to park equipment ani the Clerk was requested to send a letter expressing thank4 f om the Council to ti,a contributors. NOVSMF2 an< R CULAR MEETING. The Clerk requested that an aiteraa.6:e dare be set for the Fov tuber 2nd, 1976 regular Council meeting due to its being is l e.:ztion Day and upon motion by Wachter, seconded Polzin, all members voting in favea:, it was RESOLVED that Wednesday, November 3rd at 6:30 p.m. be rescheduled per the Coulleil 2^_eting sate. -4- 10-5-76 LONE OAK LUTHEPAN C'.:ITCH LICENSE. At the request of the applicant, upon motion IIIby Poizin, seconded Smith, it was RESOLVED that the $5 temporary 3.2 beer license fee be refunded to Trinity Lone Oak Lutheran Church because the applicatien has been withdrawn. BLACKHAWK PARK ACQUISITION. The City Clerk indicated that at the time Black- hawk Park was acquired from Mrs. Alma Sell in October, 1973 that the Highway Department requested that a small portion of the 40 acre parcel be optioned by the seller for proposed 135E. The option expires in October, 1976 and the City is required to acquire the additional property in the event that the Highway Dep=art. does not exercise its option. A letter has been sent to the Highway Department reque .sting its decision as to exercising its option and a report will be 'brot ht back to the City Council. CUM' AVENUE - HIGHWAY #36 CONDEMNATIOIN. The City Atty. explained to >_.--. C.ty Council the recent discussion concerning the acquisition of right-of-way for Trunk IIIHighway #36 - Cedar Avenue by the Minnesota Highway Department and the fact that the City of Eagan had not been named as a party in those eminent domalo proceedings where existing special assessments are outstanding. Mr. Hauge recoeaended that a list of outsk._anda.ng assessments including the 1976 Water Area assessments be ri,thI:!tted t: the Minnesota Highway Department and that the City of Eajan be joieeJ as a party lo those actions. He further recommended that in the event that if the City of Eagaa le not voluntarily made a party by the Minnesota Highway Departtae .t that the at terney be authorized to bring a motion before the Dakota County Isis:}x ict Court joinin the City as a party in the applicable actions. Upon motion by Rydrych, see nd.ed Wachter, all members voting in favor, it was RESOLVED that the recommendations of the City Atty. be accepted and be authorized to int::rveue in the action if necessary. PROJECT #168 - DESLAURIERS PROPERTY. The City Atty. indicated that a purchaie agreement has been prepared between the City and the Margaret V. DesLaurier,: Estate -5- 10-5-76 covering approximately 5 acres of property intended for siltation pond in the Sibley Terminal Industrial Park storm sewer project #168. It was noted that water area assessments for 1976 will be paid by the seller but that storm sewer assess- ments for Project #168 will not be paid by the sellers. Upon motion by Rahn, seconded Smith, it was RESOLVED that the purchase agreement be approved as submitted and authorized to be executed and further that the agreement for easements to permit the City of Eagan contractor to enter onto the property also be authorized and ordered signed. NORTHVIEW PARE. The City Atty. submitted a written Offer to Buy addressed to Lexington South, Inc. covering Northview Park in the sum of $135,300 together with a statement of just compensation required by the Federal Bureau of Outdoor Recrea- tion and recommended approval and execution by the City officials. Upon motion by Rahn, seconded R. d.rych, all members voting yea, it was RESOLVED that the doeurnerrs be approved and that they be ordered executed. III1975 PARK IMPROVEMENT PROJECT B-TU-MIX. Upon recommendation of Urban Planning that the 1975 Park Improvement Project Contract of B-Tu-Mix be approved and accepted with the understanding that the Oak Chase Tennis Court warranty be extended for 1 year and ftyrther that the final installment of $12,260.58 be approved. Upon notion by reiziu, seconded Smith, all members voting in favor, it was RESOLVED that the contract work be accepted and the final payment be approved. PROPOSED 3.977 BUDGET. Administrator Hedges submitted a resume for the preposed 1977 lev7 certification covering special levies and general fund expenditures. He recommended a special meeting of the Council to review the preliminary budget and a meeting was scheduled for Wednesday, October 13th at 7 P.M. at t'e City Hall. Upon motion duly made and seconded, the meeting adjourned at abDut 10:30 P.M. IIIDATED: ,10 -.3-- -7 G /e.r r% % v -6-