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01/04/1977 - City Council Regular IMMTE3 OF A R1;GUdXR M-ETTY s' Cr UIR 77AU.Iv CITY CTJVCIL January 4, 1:77 A regiJar noting of the Eag&a City Coua.cil was held on January 4, 1977 at 6%2'0 ..!L A!.1 meniters were presant. Also present were Ball e, Hedges, Rosene and h av-'ge. t :i?1IFi S. Upon. motion by Smith, seconded Rahn, E.11 nierbr:i:3 voting in favor, the nin:ites of the previcus meeting be app-roved vith the exception on page 7 regarding District 1'x191 re^olution, al.i reef. bsrs v3tad in favor, of that resolution except Smith, xiIio abstained. AMNUAL ORC -flZ `PIONAL EETUIG. 1,e Mayor stated that cettala orga.cki.?ut:ional matters for 2977 for the City Council would next: be con.sid.ered. Alter di.-,cession, upon motion by Smith, seconded Ryd rch, all. meuuFrs pro..ing in favor, it w~p RESOLVED that the following action and appointm:!nts be naae by the City Gourscil. icy;- t..rc year 1977: 1. City Council Member Wachter be elected as Acting 3ktyor. 2. Dakota. County Tribune be designated as the officia' i^ga2 r., ::°su.iNer. for the City. 3. ?11:1Ar-rica National Bank of Eagan ;?-::s:ien.ated as. the genera? ~ rposit-or7 ior. C .:y 3'ivnds and that City in?>c.542s'2;.IS be authoriz':d to be deposited in the cl:lotaing banks: a. Fi.r!; N t:inaal Bank of St. Paul b. t" it-AV.nr i ca National Bank of Eagan c: M__:1--Amarica National Bank of Rosev-jUlle d. S:t. npl Hills State Bank e. cldarrill, Lynch, Perry, Fenner & Smith, Inc. f. Minnesota Federal Savings and Loan Assoc. g. T°17fr. C41u3.eS Federal Savings and Loea Assoc. r. Hnrie Federal Savings and Loan Assoc. i, Northern Federal Savings and Loan Acso^. j. %:irst Federal Savings and Loan Assoc. 1c. Hirst Federal Savings and Loan Assoc. of Hastings I. Mid-West Federal Sa7,rLa s are. Loan Assoc. m. United Federal Savings and Loan As:icc. n. F1e-ilne.pin Federal Savings and Loan A:;soc. o. First Federal Savings and Loan Assoc. of /filbert Lea 4. That the resolution promulgating rules for the condl:l°t of meet;3..:.;_~ € the City Council and Advisory Planning Co.a:is::ioa doted Mov.,r:ber 7, 7372 be adopte4 as the rules of conduct of the Eagaa riLetings for 1977. r 1-4-77 5. T'va.t Cei1^z .Y:sle Me AcaS rl .3:: be reap;s::) x: tut d a^, the Realth ^ffice for 1977. 6. Thal the Fagan City Iiall, kotYi P'Ta:'Icct In the Gedarvrle Sh.cpping C: it'er, c'Ln, th,_- Loazt Oak Free on 4Y49 :ld I,t 1.72 rJ 1tC R0al b^ d3."iig'lated as p-j!::; tn~ n?.accs for the Cit; ^f E;ago,n for 1977. 7. is%?.t }?C~ Xn,_•.iZ: L:.ic zip City Co-anciZ Tw~•^f _{:f;•^~ helot an t:C a lst a ncl Tuesdays or. ci-izli rc,.i1Lh com!i-wciaE,, at 6:30 P.M. Ft-y''ns ;•;s'i fi:~'':~ ':~'?(~~'r'~ PLAT t' :1yK;fi . 147c. Derrf-_'. • E 13 r. pro iosed plat of Rustic Dills Addition, East of a.at: also m,, be-).--If of the applic~.tion for waiver of plat to provide fcr a 19 a.cr~l parcel on the East portion of proposed Rustic 1111.11s Addition to be attached to Lot 4 of Trafrle Acres and that no b! ilding permit be pnr*n t:ted on the 111 acre parcel without the wrist-en consent of the City Council. Polzin moved and Wacht-e.:- seconded the motion with. all members voting in favor to appro--e the 2.pplication for: -P f r't nrovidcc that the foregoing resolution be pr!~.pared and r.acci•do- Nr~U, ; 110- ::r-nity 3ne': r:ler-. APPLICATION OF COLD ISDALT ION ^a?R~C~RA IC'a FO' ArPROTTA , Or .F: U '.x vr' ~'r ? I?IiCH S FT.FTH ADDITION. The P.'P.C rarommznded approval. The plat would consi,'Zit of three buildings with four units per building for a total of tiFe_lve trn:€ts. was discussion coT cerning the dedication of -right-of--,7ay fcr Federal S?,:J.ve and R.i.so ti-0. f_or ~nl development contract to f-or as~essm_*_ts for Federal hive ~,nticipa_ted in 1977. Upon nct.ion.. by Poiz n, second-l Smith, ali rc•Y1n1 ye,?., it was RESOLVED that the application for appr:;--ti of f=inial plat be apnrov-21 sn!) ect to the execution of the deve?oprannt cm.itr4.-t covenir_g a:~veczuent, for Federal Dri,.e and the dedication of the Federal Drive r~_ght-of-way to the City. POL?'CE roFPq£TIF,, iT. Martin DesLauriers appeared. 1. Chic*. DesLauriers indicated that two squad cars order--d by the City for the P.D~ have recently been received. 2. Chief DeGLauriers requested that the City Clerk be a.uth6 ized to Ldvortise for bids for a new squad car to be opened. Upon motion by Rahn, seconded larhter, all members j'cting ir. favor, it was RESOLVED that the Clerk be at thorized to advQr.t-!se for bads for a tiew aquza car for the Police Department to be opened on Pedneeduq, January 26, 1977 at 3 P.M. ath the City halt. -2- 1-4-77 3. Chief rccc_k-t W!f-d Tay T',crth be forva..ly ap;?cinted as the Asslctaat (:Laic!: of r ~li^ for Upca '1iol tCn 'by Ryflr' Pc.l.zin, all. ;ers : Ong in favor, it z,a : i- aat_ tlr:. ~L,c: Cz1J.<?tion be approv--d effective jar_ -A y 1, 1"1 7. 1 : t Aj'rt;l .yLr'a - LLN1G3110X-TII &OD%TIQN. 1:1. ~ ; . e--0 i'tr. Kr^ k?ealba.,m appeared relating to a proposed revised concep~: to construct three d~=ple:_cs on Lots 7 an3 8, Lan,,?h^ven Addition. It provided for a bubble cul-de-sac on Gold Trail a..ad certain Council members indicated that maintenance for such cul-de-sac is very difficult to maintain. The problem of lack of sufficient lanml area on the Easterly lot because of the pondi.ng area was dtecussed in detail and it was noted that under the most recent proposal no variance for side lot ti7o-.1A apparent17 be required. Ordinance No. 52 requirements must be vct in to; nl !ncla%z'_nr the Land Use Development Plan guidelines i--a such a devteloxTent. Neighbor tag rc=slde i--., appeared and objected to t;ie plan. There was discussion concer-ni.±-g storm sever imprcvemcnts and assessments against the property. Upon motion by Wachter, seconded Smith, all members voting in favor, it wa.. :~1i!30i,1; D that the 'otter be roe ^^rred to the Engineer and Building Inepectr,7 for review rnd recomrend"ation tc --he City 01111 S "9t FIRST ADDITION - UTILITY IK ROVt?ir33NTTS - PROJECT #17-1. Upon recovaien,,3,=,!:3.cn of the City Engineer for approval, upon motion by Polzia, seconded Raba, r.*(-,. ver2bers voting in favor, it iaas RESOLVED that Project #173 consistin.- of i:~k r !er~f s for Ches Mar First Addition is approved and accepted and that the final pa.-im-n-r_t of $28,188.23 be authorized for payment to Parrett Construction Co. PROJECT #136 - CEDAR AVENUE STORM SEWER IMPROVEMENTS. The Cit-17 briFfl.y re-T)- et:.red the preliminary report for Project #186 and upon :nation by W.chter., seconded Rahn, all members voting in favor, it was RESOLVED that the preliminary re ,port ue accepted and that the City Council schedule a hearing for Febr°u.Ly 1,1977 -3- 1.-4-77 at 7 P.M. at the City Hail. The City Lng_irleer w : directed to review cost sharing with the State of Minnesota Deparf-:m•ant of Transportation. WR - PTO TROUT S 7FAM STORM SEATER DTVRRS*10) 13. `Ph3 City Ergineer stated that he was requested by D11B. to discuss with the City Council the possibility of an extension of the f'edar Grove storm drainage pipe to iixert it fraa Two T:x:out. Stream at the Northwest corner of the. railroad right-of-way and Cedar Avenue. Hi, reviewed three possibi.".itfes and there was discussion concerning the potential of assessments against benefited area. City Council members indicated that they could see no benefit to the City to become involved in add:ttional cost for such a project and no action was taken. PROJECT #191 - CEDAR AVENUE SANITARY SEWZR AND TjA7"'?- CRO: F T GS . Upon motion by Rahn, seconded Wachter, it was RESOTYED that Project #1~11. Pre'! imf , -ry Report for Cedar Avenue Fraeway sanitary sewer and water crossings be and it bore-by is accepted and that a public hearing be scheduled for. February 1, 1977 at 7 P11 at the City Fall. PROJECT #195 - TrESCOTT ROAD STREET DWPOVEM0,ITS. The City End-111ecr prF.sen.ted a ,~reli.nin:)_ry Report for Wescott Road street iraprovem~~nts. Upon motio_t by Pol.zin, members voted in favor, it eras RESC)LA1ED that the Preliminary for Y ject x`195 be accepted and that a public hearing he scheduled for reb3un;v l; 1,1i7 at 7 PM at the City Hall. 1'ZOJ^ ":'i 191 COLTNr ROAD ,163 STiOUT IAy ROVEMENTS . Upon motion by Polzin, seconded ,Ln, al'. members voting in favor, it was RESOLU!'D that the paelikd arm Report fcr. Project #197 be accepted and that e. public hearing, be schedlile"! f,a Febros it y .L, -1.9?7 at 7 P.M. at the City Ball. PEOP?,E °S NATURAL GAS DIVISION RATE INCREASE. A letter from People' c Gras Division placing the City of Eagan on notice that a rate Increase for natural :as s rvi.ce to the general, domestic and coumercial custcmers effect:iNve ^fter 19, 19i7 wan r_nvie~aed. The rate increase was b^sed on the corn ^;-.s -4- 1-4-77 adjustment provision of the tariff on file with the Minnesota PSC consisting of a 16.28 cent per thousand cubic feet increase. DEPARPTNIENT OF TP.ANSpORTATIal - CEDAR AVENUE. A request for a resolution approving certain proposed revisions for highway plans in the vicinity of Cedar Avenue was reviewed by the City Council and the Engineer recom nded acceptance and approval. Upon motion by Wachter, seconded Smith, it was RESOLVED to adopt the resolution as submitted and a copy of which is attached to these minutes consisting of revisions in the area of Cedar Avenue to be installed by the Minnesota Department of Transportation. All members voted yes. ELMER SCOTT - LIQUOR LICENSE MID EUILDITIG PERMIT. Mr. E`Imer Scott appeared on behalf of his application for renewal of the on-sale liquor license for 1977 for the proposed Le-An restaurant at the intersection of County Road #30 ar...d Highway #3 and further for a building permit for the on-sale license. The application was before the Council for the reason that it is to be constructed on unplatted property. Upon motion by Polzin, seoonded Rahn, all members voting yea, it was RESOLVED that the application be approved. CHES TftR SECOt1D ADDITION. Arnold Carlson appeared with the final plat for Clues Mar Second Addition and requested approval of the plat and execution by City officials with the understanding that no building permits will he issued until the developm-it contract is executed between the City and the developer. Upon motion by Smith, seconded Rahn, all members voting yea, it was RESOLVED that the request b!-! approved. tTiLDEFNESS RUN 6th ADDITION - FTNAL PLAT. Mr. Carlson further appeared on behalf-of the request for approval of the final plat of Wilderness Run 6th Addition. Upon motion by Smith, seocnded Wachter, all members voting in favor, it was RESOLVED that the application be approved, subject however to submission of the T)~.velopment Contract and Escrow Agreement. -5- 1-4-77 COj,TCIL CGMITTF.ES FOR 1977. The following committees ware appointed by the Mayor for the year 1977: 1. Personnel Committee - Rydrych-Chairman, Smith member 2. Finance Committee - Polzin-Chairman, Rydrych member 3. Developmer_t Committee - Wachter-Chairman, Polzin and Smith members 4. Public Works Committee - Wachter-Chairman, Rahn member ADVISORY PLANNTNG COMMISSIO14 APPOINTMENTS. Upon motion by Polzin, seconded Smith, all members voting yea, it was RESOLVED that the following members be reappointed for three year terms as members of the Advisory Planning Commission: Charles Hall, Joseph Harrison and Roger Sperling. PARIS COktnTTEE APPOINTM4TS. The terms of four members of the Advisory Park Committee expired in 1976 and upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that the following persons be reappointed for terms on the Park Committee of three years: Pfeil Coates, Myrel Lundsten, Carolyn Thurston and Thomas Brown. MWCC - METRO rTTERCEPTOR ACQUISITIOPT. City Administrator Hedges and City Engineer Rosene discussed a meeting held with staff members of the MWCC concerning Lue vequest b-y IL- t4a : Erie ; i'C, ec.qu .re .`.he ;s rL ,:;ast Land I -At ;;nutl. . a ai,:ary sewer interceptor trunks from the City which have metropolitan significance. It was noted that the Northeast trunk serves a portion of Inver Grove Heights and was constructed prior to 1970 and the South trunk serves the Minnesota Zoo in Apple Valley. The MWCC staff indicated that it was not necessary for the City to decide whether to formally request acquisition of the South interceptor by the 17XC at the present time. The Administrator was requested to distribute additional Information to the Council members for review at the next Council meeting. UTILITIES FOrEM4N APPOINTMENT. The Council discussed the proposed appointment of Joseph Connolly as the Foreman for the Utilities Department in that he has been serving in that capacity for some time. Upon motion by Wachter, seconded Smith, -6- 1-4-77 all members voting in favor, it was RESOLVED that the recommendation to appoint Mr. Connolly as the foreman for the Utilities Department be and it hereby is approved with the understanding that the person holding that position not be a member of the collective bargaining agency and further that any person actin.- as a foreman or in an operating supervisory position be considered supervisory and not be a member of a collective bargaining unit while under the employ of the City. POLICE SALARY SCHEDULE FOR 1977. The Alternate No. 5 proposal for salaries for members of the Police Association was reviewed in detail by the Council. Upon motion by Smith, seconded Rahn, it was RESOLVED to offer Alternate No. 5 as proposed by the Council to the Police Association for 1977. All members voted yes, except Wachter who voted no. 3.2 BEER ORDINANCE NO. 43. A recommendation was made by the Ccuncil that an extension of time for the serving of food in 3.2 establishments from 1:30 A.M. to 2 P.M. be provided by ordinance revision. The City Atty. and City Administrator were directed to review proposed revisions to the ordinance and report back to the Council. NORTHERid NATURAL GAS COMPANY CONNECTIONS. The Mayor reviewed a letter from People's Cas Diversion of Northern Natural Gas Company indicating that it expects to receive a reply from the Public Service Commission concerning some recommendationfi being made by several utility companies some time in February. It was further requested ::hat an appearance be granted to representatives of Northern Natural Gas Company before the City Council at the second meeting in February to discuss the proposals. DEPART12VT OF TRANSPORTATION - 135E LETTER. Councilman Rydrych stated his objections to a letter signed by the Mayor to James Harrington, the Commissioner of the Department of Transportation dated December 29, 1976 concerning the alter- nates for proposed 135E. Councilman Rydrych indicated that consent of the Council to the mailing of this letter had not been acquired and that certain statements -7- 1-4-77 in the letter were inaccurate and may delsy the construction of 135E. BEAUTIFUL SAVIOR LUTHERAN CHURCH AGP.EEMENT. The City Administrator and City Attorney submitted an agreement between Beautiful Savior Lutheran Church to be located on Pilot Kneb Road in the City of Eagan and recommended appro,7al by the Council. It was noted that the legal description of the property had been revised to cover the 3.5 acre parcel consisting of the North 300' of the South 880' of the West 510' of the SW14 of Section 22, T27, R23. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the agreement be approved and ordered executed. ADJOURNMENT. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the meeting be adjourned at approximately 11:15 P.M. DATED : -7 77 -8-