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
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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
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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
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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.
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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
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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.
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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 - -
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