Loading...
02/01/1977 - City Council Regular 2-1-77 1-TINUJTES OF THE REGULAR METING OF THE E! ,7M CITZ COLrnTCIL r '..uary Cc rc:_l , 1, 197 at the A regular meeting c_ t..e Fr.:g n %^i"..v -T= he'd cn i-ebr City Hall at 6:30 P.M. All members were present i.:,_luding Mayor Polzi.i, Councilmen ^'..^,11:!, TJacb:er, Sni--Ti aznd PyCrych. Al-o prescm was i'CJtC^y Hecges, ~'~v5,cne and Hu- ?;71N'TTFS. The minutes of the previous meeting were discussed. UF.-in m)tioa by °.,x t'AIXI, all r•..c*_be=s votlr;U _ , ;.I'. F°S:? VED that the r.'n+r." o.. t7le prc,,_J.otis n:e:ctinu be a,'?rov`d ' wit?! LT.e correction on Page .3 'Tot r .o W.^•.i J°" of F'.t "`11_ _C`tti t'^ 0.11- =11g --no; t _fc.?_rr7,;:~V_i.d+iq --id i±'C1 ti ^v~ ue3c}iG°r t'UtP.d no ra:_ati e, to ha ~^~_".~C k. sticiat:i PGT.ICF C_=I.j r'U'c'?:AS,' . ,-gyp, r~co i n~T~.dic of the Pct! J cc Cniaf E.nd upon :~.cti~a by Polzin, seconded Smith, all members voting yes, it was RESOLVED that bid of Superior Ford including t-_aJa- {.n for 1977 police car in the sum of be and it hereby is aaprovf_d. I.W "T-M.77 )RCETEIrr PROFESS TONI A?, LIABILITY TITM1,41C.R . City Administrator 11cA Ve3 l'oli.ce Chinf De3Lauriars rcv e.4ed a propozal for the purchase of Law Enforcement ?r.•-e3si?onr.1 Liability Insurance from Appalachian Insurance Company throutrh the ° t`- ional Sheriff's Association with $250,000 - $500,0001 - $500,000 coverage at $1.V5 per year for a substantial savings from the present policy. Upon mot'-on b Rahn, seccncad Wachter, all members voting in favor, it was RESOLVED that the 5-?c c° -en~,~tion be and it hereby is approved and authorized for purchase. 3 CCTtI,TICT.1. IyLY. tdiZlia-a Branch, the Util-ILies ej zl au%ho~-iz3t on to attend t1ze National American t.laterworlcs Asse:iai~c:. Convention to be held in Anaheim, California in May of 1977 with a portion of the expenses requested to be paid by the City. Wachter moved and Polzin seconded the motion that Mr. Branch be authorized to attend the convention with an agreement to bi rRae-Aed between the Administrator and Utilities Sunervisor conccrr..inQ the c•-p~ _S. All members voted yes. 2-1-77 CLERr-T?k'IST FOR PUBLIC TIOrKS & PARK DEPARTS ITS. Upon motion by Rahn seconded Smith, all members vct!n? in f; scr, it vas F.F,SOLVED th t the Clerk be authorized to advertise for a Clerk T;*pist for the Public Works D;:tpar-tment and Park Department. POLTCE DISPATCITR. Police Ch-iei De3:14u,:icre indicated that. Diane Bart.l had rc:91tined as a dispatcher and recormerded the hiring of Carolyn Larson as a pant-time lisp-etcher. ITp--n motion by Rahn, seconded Wafht:cr, all members voting in favor, it was MJIfiO?,VFM that r.e request be authorized. ~Tr-D I-T37'U&T AID FIRE Au F.0-7, 7. A regve-t from Fire Chief Schultz that the ..t on a . "..r ~il'•- z'.-jt'A,-xizatjL.on basis was upon motion, by Smith, seccnde"' L'+ cl;':et , a._ 1 Slcmba- s vaine an fav.?'_', was approve by the Council pitrsi!ant to I.I.S.A. 433. Tl',-M11C S"I(TUP_LS CEDAR & CL17F ROAD. An agreement w-ith Da'_:r+ta Cauni:y entitled Cooperative Agreement for '"ratfic Simal at Cliff Road and Cedar Av- was submitted to the Council and recom-nended for approval by the City Engineer. Upon motion by Smith, seconded Wachter, all merfoers voting in favor, it was RESOLZIM that the contract be approved and that the a j:-p s:opriate signatures be authorized. 'iPAFFIC SIGNALS - DAKOTA COONTY HIGHWAYS. The Council reviewed a part of the Jz;,cl*.a County Budget including proposal for 4 additional semaphore locations on count; road intersections in Eagan. No formal action was taken on this matter. WILDEPSdESS RUN COUPT VACATI(TH BEARING. The Mayor convened at 7 P.111. the vacation hearing onncerning vacation of the East 2.0' of Wilderness Run Court :iying :youth cf Wisderri ss Run Dri%?-e. It was noted that the lot dimensions on the lots West of ti6e loLat_ion had been changed and thus the reason for the relocation r.` the street. An easement from Arnold Carlson for the parcel on the TIesterly 20 feet of the new street location was received by the Council. There were no objections to the vacation. After review and upon motion by Wachter, seconded Smith, all nembers voting in favor, it was RESOLVED that the vacation be authorized and approved -2- ?-1-77 Trip . PROJECT x`186 - CEDAR A.VENM STORY SETTER Mt-TNAGE . The Nayor convened the hearing at 7 P.M. ccncern:Ing ?gip, Project #136 ccvering p>cpcsed storm sewer improvements in the Cedar Avcnue, f.c;raay area incl:+ding Sectims 3.8, 19, 30 and 31. A large number of affected residents were present at the hearing; many of whom objected to the project. Also a letter was submitted from Luther Stal.land , an affected property otmer, objecting to the project. The City Engineer explained the proposal and Mr. Sandahl of the Department cf Transportation was present and rev p.rze3 the DOT's drainage proposal. The construction would be phased in 1977 and 1978 w tb the und•rstandin.g that the estimated costs _t.neluded 1977 costs only. it wa : acLcd 1j~4 R--I ' r -.'.'e 901 .Addi-LiLm has pai:i it.c t uzzlk Ge.'^er system assess- ments arad these was considerable discussion concerning holding ponds and t-he plan for storing water. Two petitions were submitted including 15 signatures on one and 14 signatures on another opposing the project. Mr. Sandahl stated that the cooperative proposal would save considerable money to the City in the long r,..a because duplicate lines and jacking wader the freeway would be necessary in the future if not constructed during the improvement of Cedar Avenue freeway. The i_ntciition would be to avoid duplication of cost at a later time when it is expected that storm sewer trunks would become necessary. The hearing was closed at 3:15 PIl. The Council then discussed the project and upon motion by Rydrych, seconded Rahn, ai_ members voting in favor, except Wachter who voted no, it was RESOLVED that Project #136 be ordered in and that the City Engineer be authorized to prepare plans and specifications. Mr. Wachter stated that he felt additional cost sharing by the State of. Minnesota, Devartment of Transportation, should be required. PROTECT #191 - CEDAR AVENTUE FREEWAY - DAITITARY SET,dT'R AND WATERR CROSSi?3t=S. The Mayor convened the hearing and the City Engineer reviewed the project. It was stated that no additional trunk sanitary sewer assessments would be riade at the present time but that some watermain oversizing assessments would be required. After considerable discussion, the hearing was closed at 3:30 P.M. and two petitions -3- 2-1-77 with 10 signatures on one and 30 signatures on another were submitted oiposing the project. Upon notion by Smith, seconded by P.ydrych, all members voting in favor, except Wachter who abstained, the project was ordered in and the Engineer was authorized to prepare plans and specifications for Eagan°s portion of the project. PROJECT 4195 - UESCOTT ROAD STREET IP?P,'.'OVEMEN S ATID PROJECT x`197 - COUITy ROAD x`63. The Mayor next convened the public hearing concerning Fc scott Road street improvements and in addition Project 4197 consistin, of improvements to County Road x`63 - Dodd Road. The Engineer explained the project. A petition was submitted by owners along % Scott Road opposed to the improvements and stated that even the oppo: f.'.I.on ot.c rred even though there would be no assessments to certain of those owners at the present time. The Enginn r indicated that some right-of-way would be required to widen the roadway to 50 foot half right-cf-"ay and also reviewed three alternative proposals including extendin^ the improvements to the nest lire of the West Publishing property, the Nest line of South Mills Addition and thirdly t Lexington Avenue. There was concern by Charles Hall about the cuts and fills required. The hearing was closed at 9:30 P.M. A representative of ?rest Publishing; Company was present and indicated that the company has acquired fee title to the land and intends to conmence grading in the Spring;. Negotiations with the property owners will take place prior to any construction. Upon motion by Vachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the East 1 mile to the Uest line of South Hills Addition of Project 4195 be and it hereby is authorized and ordered in and the City Engineer be authorized to prepare plans and specification Wachter then moved and Rahn seconded the notion to approve Project #197 consisting of rcad improvements on County Road x%'63 and order in the project and authorize the City Engineer to prepare plans and specifications. PARK COPMITTEE, REPLACEPTNT. The Council next voted on a replacement for 5Ca ,Z d.l' Dale Everson to the Advisory Park Committee. Robert Sawyer was elected as the replacement by secret ballot. 2-1-77 ORDINANCE NO. 43 - AtREMIENT. The City Attorney submitted a sug'rasted amendment to Ordinance No. 43 - 3.2 Beer, primirl-ly concerning extending the hours of closing for the sale of food to 2 A.M. on certain days. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the Amendment to Ordinance No. 43 be and it hereby is appraised and ordered published. ELECTRICAL INSPECTIONS ORDINANCE. The City Admin_Tstrator reviewed with the Council the proposal to cooperatively share an electrical inspector with neighboring commiiaities and to provide for such an inspection system by ordinance. The present pol3ey provides for state inspection. Upon moiion by Wachter, seconded Rydrych, al'I y-as, i,: way ;c :iOJ` u to clti't'i0o'iZ2 pi:cpn rnt-"~on of ordinance for electrical inspection for review by the Council. SOUTH DET_AVT.. RE HILLS - PPELIN2 MAY PLAT XFD PLAL3?~PD DEVELOPMMT. At the request of the applicants, the application for planned development and preliminary plat approval of South Delaware Hills was continued until the next regular zn:~:ing. CEDAR RIDGE PRELITMIARY PIAT. The developer requested that the application for approval of the preliminary plat of Cedar Ridge by D.H. Gustafson and Associates West of Cedar Avenue be continued until the next regular meeting. DODD VIEW ADDITION REZONING. The application of Judith Mohr, Craig Braun and Edward Pommerening to rezone Lot 1, Block 3 and Lot 1, Block 4, Dodd View Addition was next reviewed. Mr. Pommerening was present and requested the rezoning from A-Agricultural to GB - General Business. There was concern by the Council whether the applicants could get access to Highway #3 by a service road or direct access and requested that the applicants contact the Department of Transportation- Distzict 9 for a reply concerning the question. DAROLD HOLDEN - WAIVER OF PLAT MID CONDITIONAL USE PERMIT. Darold Polden appeared on behalf of his application and that of Colonial Self-Storabe of Ydnnesota for repair garage - body shop, new and used car sales on part of Lot 6, Block 2, Cedar Industrial Park. The APC recommended approval subject to certain -5- 2-1-77 conditions. Mr. Holden stated that a cement block fence would connect his proposed building with the Gresser building and that security fencing would be provided around the rear lot area. Upon motion by Polzin, seconded Rydrych, all members voting in favor, it was RESOLVED that the application for waiver of plat be approved subject to the APC recommendations. Upon motion by Rydrych, seconded Eyachter, all members voting yea, it was RESOLVED that the application for conditional use permit for repair garage and body shop subject to the cun.?itions of the APC be approved. Upon furt:har motion by Rydrych, seconded Wachter, all members voting yes, it was RESOLVED ttta.t a conditional ti::,e pe;.mit for the sale of new and used cars on the proper%y be approved, also subject to the recommendatioLs of the APC. PEOPi:VS Ntffyitt.L GAS APPEARP.NCE. Vern Mohlis, Arland Restad and Gary Stam together with other representatives of People's Gas Company appcared and reviewed the natural gas situation in the City at the present time, and answered questions from the Council. Mr. Stam stated that if the LNG plat application in Hancock, Iowa is approved, then People's Gas would most likely begin grantin;; new connections for single family purposes immediately as it appeared that temporary gas supplies are available. The FPC's hearings concerning the Hancock LNG plant were completed on November 30, 1976 and it is expected a decision will be made approximately in March of 1977. There was discussion concerning the possibility of requesting a new franchisee to take over the Eagan area and it was noted that People's Gas opposed this suggestion. The Council then reviewed a proposed resolution declaring Northern Natural Gas in default under the terms of Eagan Ordinance No. 7 and also the Council discussed the Order to Show Cause hearing scheduled by the Public Service Comuission for February 28, 1977 regarding reallocation of gas or realignment of franchise lines in the area. Upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that a notice of default pursuant to Ordinance No-7 be prepared and served upon Northern Natural Gas Company. -6- 2-1-77 CRIES MAR 1ST ADDITION - BOND. At the recommendation of the City Engineer and upon motion by Polzin, seconded Rydrych, all mi-mbers voting yes, it was RESOLVED that the performance bond of $53,200 for Ches Mar 1st Addition be reduced to $32,750. DESLAURIERS PROPERTY - PROJECT #168. Paul 71auge stated that the City is now prepared to close the acquisition of the DesLauriers property under the Sibley Terminal Industrial Park #168 storm sewer project and recommended approval of funding for the acquisition of the storm sewer holding; pond. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the Clerk be authni;i-,ed to is2ue payment for the 4.53 acre parcel enc' ftrthnr that the authoriza- tion for acquisition of the property be approved. LORI BMIFORD -v- CITY OF EAGAN et.al. The City Attorney reviewed briefly with the Council the action entitled Lori Benford -v- City of Eagan and certain members of the Eagan Police Department. It was noted that the action was brc.:i;izt in Hennepin County and that a motion is being made by the attorneys for the insurance carriers to transfer venue to Dakota County. The City Attorney requested approval of a Resolution authorizing the forwarding of the pleadings to the Eagan liability carriers and the asserting of necessary defenses by the liability insurance companies in Eagan's defense. Upon motion by Polzin, seconded Smith, it was RESOLVED that the Resolution as presented and attached to these minutes be approved. All members voted in favor. WILDERNESS RUN COURT - PUBLIC HEARING. The City Clerk requested a Resolution amending the January 4, 1977 minutes to set a public hearing for the vacation of a portion of wilderness Run Court. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the January 4, 1977 minutes be amended in that respect. REVISION TO ORDMANCE ,152. Upon recommendation of the City Planner that nurseries be included as conditional uses under. Limited RusinPSS zoning under -7- 2-1-77 Ordinance #52, and upon motion by Polzin, seconded Rahn, all members voting in favor it was RESOLVED that the change be effected. SPECIAL MEETING - FEBRUARY th. The Council set a special meeting for the City Council for February 10th, 1977 at the City Hall at 7 P.M. to discuss a management exchange session and in addition to discuss proposals for the presen- tation at the February 28, 1977 Public Service Commission natural gas hearing. NORTII RN NATURAL GAS - PSC HEARING. The Coxlc?.l briefly discussed the meeting at the Eagan City Hall of January 20th with members of the Department of Public Service primarily regarding the Order to Show Cause heaving scheduled for February 28th before the PSC. The purpose of the hearin-., will be to determine -tether the PSC should issue an order requiring RSP, Minnesota Natural Gas Company, Northern Natural Gas and People's Natural Gas Company to enter into an equitable peak sharing service agreement to permit Eagan to obtain new natural gas service including new single-family homes or wn the alternative why the PSC should not order realignment of service areas to place Eagan within the service area of Minnesota Natural Gas Company and/or Northern States Power Company. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the City of Eagan intervene in the Order to Show Cause Proceeding - Docket #GO11-SA-77-43 and that the presentation be made by the City of Eagan at the hearing on February 28. DEIRWOOD DRIVE WATER MAIN AND EXTENSION. A petition from three owners of property owning 15 acres on the East end of Deerwood Drive was reviewed and upon motion by Rahn, seconded Polzin, all members voting in favor, it was RESOLVED that the petition be turned over to the Engineer for feasibility study and report. NI NICIPAL STATE AID MILEAGE. It was noted that a reduction is required in the municipal state aid mileage for the City of Eagan and the City Engineer recommended that Elrene Road from Wescott Road to Yankee Doodle Road be deleted from the M.S.A. program. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the recommendation be approved. -8- 2-1-77 EDA APPLICATION - POLICE FACILITY. City Administrator Hedges submitted a proposed letter to be mailed to Senator Wendell Andersen requesting a review and reappraisal of Eagan's EDA Application for funds for a police department facility in light of the fact that the City received the highest scoring in the State of lUnnesota amongst the applicants and yet the application was rejected because of the unemployment rate factor. The Council was in agreement that the letter be sent for purposes of f srther review of Ee.gan's applicat{on and reconsideration. i-;I"STOP? HILLS PD AGREEIONT. A letter dated January 24, 1977 from Charles Slocom of Unisource Corporation requesting ex:mption from Eagan's Ordinance #52 requirement for a Planned Development Agreement for 111-16 pion Hills North and South was discussed by the Council. The Council had given a 6 month extension to December 31st, 1976 for execution of the agreement and Council members indicated that the time had now expired to comply with the requirement and the lack of compliance would mean that the planned development contingencies have not been met and the two planned developments no longer are in effect causing the property to revert to the underlying zoning. STATEMENT. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the following statements submitted to the City be approved: #3319 - #3876; 15962 - #6032. Upon motion duly made and seconded, the meeting adjourned at about 12020 P.M. DATED - - -9-