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05/17/1977 - City Council Regular 5-17-77 1,TrTUTES OF A REGULAR METING OF TIM EAGAYI CITY COUPICIL EAGAN, 11INITESOTA I4AY 17, 1977 A regular meeting of the Eagan City Council was held on 1,-Tay 17, 1977, at 6:30 P.Y. at the City Hall. Members present were Mayor Polzin, Councilmen Smith, Rahn and Wachter. Councilman Rydrych was not present as he was hospitalized due to a recent accident. Also present were Gordon, Hedges, Bolke and Nlauge. MINUTES. Upon motion by Rahn, seconded Smith, all members voting yes, it was RESOLVED that the minutes of the previous meeting were approved as distributed. POLICE DEPARTI-;CINTT BUSINTCSS. Chief DesLauriers appeared. 1. Tripp Road. Chief DesLauriers recommended that new parking control signs be erected on Tripp Road in the Control Data warehouse area. Upon notion by Polzin, seconded Rahn, it was RESOLVED that the signs be authorized as requested to control parking on Tripp Road. 2. Donald Avenue and Heritage Lane. Chief DesLauriers next recommended the .instalUt4on of stop signs on LeTendre Advenue at the exit from Huber's Standard Station-mod all additional streets joining LeTendre Avenue be posted with thru stop-signs. Upon motion by Rahn,,seconded Wachter, all members voting yes, it was RESOLVED that the recommendation be approved. .3. Gold Trail. A recommendaticn was made that signs be installed on Gold Trail due to parlcing problems in that vicinity. Upon motion by Wachter, seconded Rahn, it was RESOLVED that the recommendation be approved. All members voted yes. 4. Rahn Road - Speed Zane. Chief DesLauriers further recommended that the Council authorize a speed reduction survey for Rahn Road from Shale Lane south to Cliff Road at 30 mph. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the recommendation be approved and authorized to be forwarded to the Department of Transportation. 5. S2eed Bumps. Councilman Smith suggested that the Police Department an4 Street Supervisor review the possibility of installing street bumps on certain 5-17-77 streets in the City for control of speed. Polzin moved, Smith seconded the motion that the Chief and Utility Supervisor review the proposal and report back to the Council. POLICE FACILITY BUILDING. Administrator Hedges discussed a meeting with the Dakota County Civil Defense Director rho suggested that the City Council consider an application throuSh the Federal Government for 50% matching funds for an FOC room in the new facility. This could be planned as an alternate to the current police facility. Wachter moved and Smith seconded the motion to authorize the City Administrator to prepare the necessary application for the installation of an EOC room and facilities for civil defense purposes in the basement of the pro- posed police facility. HARD HAT USE. Wachter moved and Rahn seconded a motion to direct the City Administrator to prepare a policy for use by City employees of hard hats and for submission for approval to the City Council. NOTICE REGARDING POLICE FACILITY. After discussion, upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the City Clerk be authorized to forward a notice to ;ir. and Pfirs. Hollis Orr according to the agree- ment for the purchase of the Civil Center site on Pilot Xmob Road that the City intends to commence construction of a proposed police facility within 90 days from the date of the notice. Also there was discussion concerning the possibility of seeding the remainder of the property in 1978. IMPROVEIIENT PROJECT #193 - TRUNK STATER MAIN A14D RESERVOIR. The City Clerk indicated that notices had inadvertently not been sent to property owners regarding Project #193 consisting of the trunk water main and reservoir near. Cliff Road. Upon motion by Smith, seconded Wachter, all members voting in favor., it was P.RSOLVED that Project #193 be rescheduled for hearing for June 7, 1977, at 7:00 p.m. at the City Hall. INTR.OVE_IYMT PROJECT #203 - CITES MR ROAD I11PROVE1STITS. The Mayor then convened -2- 5-17-77 the public hearing regarding Improvement Project 44203 concerning street improvements in the Ches liar Addition area to Cliff Road. The project was explained by City Engineer Keith Gordon and there were no objections to the project. It was noted that the City owned the land basically on each side. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that the project be approved and ordered in and that the Engineer be authorized to prepare the plans and speci- fications. All members voted in favor. INPROV ITENT PROJECT #204 - BLACKHA3g: HILLS 2ND ADDITITN. The next hearing that was convened consisted of Project 4204 regarding sanitary sewer, water, storm sewer and street improvements to Blackhawk dills 2nd Addition. TTo objections were raised and the developers c7ere present. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the project be approved and ordered in and the plans and specifications be authorized. IMPROVE TNT PROJECT 4x205 - LAT, MOVO-1-BALLA?TRAE STORM SEDIEP PROJECT. The Mayor next convened the public hearing regarding Project 4205 consisting of storm sewer pipe from the pond in Langhoven Addition across Gold Trail. There were no written or oral objections. The City Engineer reviewed the project briefly and upon notion by Rahn, seconded Smith, all members voting yes, it was RESOLVED that the project be approved and ordered in and that the plans be authorized. IMPROVEMENT PPOJECT #206 - HEINE 1ST ADDITION. The hearing, regarding Project #205 for sanitary sewer, water, storm sewer and street improvements in Heine lot Addition was next opened. Karl Heine was present and there were no objections to the project. Polzin moved and Rahn seconded the motion to approve the project and order it in and authorize the plans and specifications to be prepared. All members voted in favor. IMPORVE1,1ENT PROJECT #207 - DEEWOOD DRIVE HATER MAIkd. The Mayor first convened the hearing. The City Clerk read a letter from the three petitioning; owners of the 15 Zara parcel, indicating that the cost of the project was in excess of their anticipation and requested that the project be abandoned. Upon motion by Rahn, -3- 5-17-77 seconded Smith, all members voting, in favor, it was RESOLVED that the hearing be continued until June 7, 1977, at 7:00 p.m. at the City Hall to permit: other property owners in the area to be contacted and to review the proposed project. YEIT?E let ADDITICH - PROJECT 4206. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the plans and specifications for sanitary sewer, water, storm sewer and street improvements for Project 4206 be, and they hereby are, approved and that a change order to Improvement Project #190A be ordered to incorporate the improvements to Heine 1st Addition. I.TROVKS11T PROJECT #137 EASENEPJT PAYT>1EI11T. City Attorney Hauge reviewed the proposed payments for easements from three property owners concerning the sanitary sewer zoo trunk regarding Project #137 as follows: Richard Scherer---$450.00 Hilliam Almquist--$450.00 14. F. Pickelson---$630.000 It was noted that the only easement received so far was from Per. Nickelson, but the others are anticipated shortly. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that payments for the easements be, and they hereby are, authorized upon acquisition of the proper easements. PARK CONSTRUCTION COZTANY - CEDAR AVENUE. Mr. Jerry Rachel appeared and re- quested an extension of time for the excavation permit under Ordinance Ho. u, in- cluding the variance from the Ordinance to provide for excavation and fill under the contract from 6:00 a.m. to 11:30 p.m., Monday through Friday. He noted that there had been about six weeks of lost time due to spring., thaw and bad weather. Mr. and Mrs. Richard Kennealy appeared and requested a reduction in noise, but agreed that if Park Construction were to keep the dumping, operation away from the residences after 8M p.m., that they would not object to a short term extension. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that an extension of time through June 30, 1577, be granted to Park Construction Company pursiiart to its agreement with the City regarding the Cedar Avenue bridge contract and that the 6:00 a.m. to 11:30 p.m., Monday through Friday, hauling schedule be appraved for that period of time; it was understood, however, that the noise will be 4- 5-17-77 reduced by moving the operation away from the residences after 8:00 p.m. PERSOITINIEL ORDINW11CE AND POLICY. City Administrator Hedges recommended that due to a possible change in the proposed personnel policy,that the discussion of the issue be continued until June 7, 1977 meeting. The matter was so continued. ASSESSHETNT COM 1ITTEE APPOINTPIRTT. Councilman Wachter recommended that Dale Vogt be appointed as the replacement on the Assessment Committee. Nachter moved and Rahn seconded the motion with all members voting in favor to appoint Dale Vogt as the member of the Assessment Committee effective immediately. He will replace Jon garble, the former APC Chairman. TRtTMK MIDI-MAY #36 PLAF. A letter from Charles Burrill, District #9 DOT En- gineer, requesting plans, special provisions and resolutions relating to the con- struction of Trunk Highway 4x36 in the City of Eagan be approved in order to fulfill the FAU requirements. The City Engineer recommended approval. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the plans and the resolution be approved and authorized to be signed. MARELL 1ST ADDITION - UTILITY I1PROVEM ITS. A request from Kenneth Appelbaum, the developer of Marell 1st Addition, for street improvements and water and sanitary sewer utility services was reviewed. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the request be accepted and be forwarded to the City Engineer for preparation of a feasibility report. FICOCELLO'S SOFTBALL 3.2 LICENSE. A request from Puke Bleedorm for 3.2 beer license for Ficocello's softball tournament on June 11th and June 12th was reviewed. The Police Department had no objections. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the application be approved. PROJECT NO. lul - ASSESSIMIT HEARING. The City staff requested the assessment hearing covering Project P181 consisting of street improvements in Cedar Grove aso. 9, 11 and 12 Additions. Upon motion by Smith, seconded Uachter, all members voting yes, it was RESOLVED that the assessment hearing covering Project #191 be scheduled for July 5, 1977 at 7:00 p.m. at the City Fall. -5- 5-17-77 WILLIAM WfIITE - POLICE OFFICER. Administrator Hedges recommended that William White be recognized as a part-time police officer by special resolution of the Council to qualify him for PERA Police and Fire Fund. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that a resolution be approved. GENERAL FUND TWTSFERS. Upon recommendation of Roger Ratzenmeier, the City Auditor, and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that a resolution be approved as attached to these minutes to provide for 2% administrative transfer in the amount of $33,128.38 to the general fund from the following accounts: $22,197.33 from Fund 1-1975 and $11,931.05 from Fund 1-1976. M.R. OIOOROUCR - WILDERITESS PARK ADDITION VARIANCF. Mr. Oxborough and Mr. Ed Meisinger, attorney from Guest St. Paul, appeared and requested an expression of intent and approval of a variance from the City Council to permit a variance of 10 feet from the 30 foot setback requirement for the construction of a residence on Lot 11, Block 3, Wilderness Park Addition. His prime purpose was to avoid unneces- sarily cutting tree growth. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the application be approved subject, however, to Advisory Planning Commission approval. WILDERNESS RUN ROAD STREET I14PROVEN-EITTS. A request was received from D.C.C.F. Inc., Arnold Carlson President, requesting a feasibility study be prepared covering an extension of Wilderness Run Road easterly adjoining proposed Wilderness Park 2nd Addition for one-quarter mile. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the petition be received and the City Engineer be authorized to prepare a feasibility report. RECESS. The Mayor declared a five minute recess. TT41ZT CITY TREE TRUST. A representative of Twin City Tree Trust, a non-profit corroration,appe-ared and stated that the purpose of the trust is for a youth employ sent program and the planting of trees for ultimate transplanting. It requested -6- 5-17-77 that the City of Eagan offer free water for the irrigation of a nursery that-the trust is planting on property adjacent to the Seneca Waste Treatment Plant. The labor for the program would be provided by Dakota County youth under Title 3 CETA and the Governor's Youth Employment Program. It was requested that the two fire hydrants on Kennebec be opened for watering purposes for maintaining the tree nursery and vandalism problems were discussed. The representative indicated that free trees would be granted to the City of Eagan in return for the use of the water. Smith moved and Wachter seconded the motion that the City Utility Depart- ment be authorized to turn on the fire hydrants and that the tread Forester be in- structed by the City Dater Department how to operate the hydrants; further, that free water would be offered to the Minnesota Tree Trust with the consumption and use to be reviewed on a monthly basis by the City. All members voted yes. CITY ASSESSMIT POLICIES. A detailed assessment policy set of guidelines prepared by Ken Damlo, the Administrator Intern, was reviewed briefly by the City Council. In addition, he is preparing an assessment survey of policies of other communities. Wachter moved and Smith seconded a motion that the City Administra- tor prepare a proposed final set of assessment guidelines to be returned to the Assessment Committee initially for recommendation and then to the City Council. DESIC,4 TECH, INC.. A letter from Design Tech, Inc., a contract for deed buyer covering property north of highway #13 and north of Cedar Industrial Park request- ing that Tfater area assessments levied in 1976 be stricken because no notice of the hearing was given to Design Tech. The owner of record, however, was sent a copy of the notice of hearing. Because the assessments have already been levied, it was determined that no change would be made unless, however, the total number of acres was not accurate according to County Auditor's records. ANTI-RECESSION ASSISTANCE. The City Clerk submitted application forms for Anti Recession Assistance. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the proper forms be authorized to be slened and forwarded to the proper authorities. 5-17-77 CLIFF ROAD - J0M,,TD-TY CAKE RIDGE ROAD IMPROVDnNTS. Letters and a petition from residents along Cliff Road objecting to certain aspects of the Cliff Road and Johnny Cake Ridge Road proposed improvements were reviewed and accepted by the Council. ACRES 0-ITS - CLIFF ROAD AND JOIMNY CAKE RIDGE ROAD. The City Clerk submitted three agreements from the Dakota County Highway Department relative to highway construction at Cliff and Johnny Cake Ridge Road. The Clerk was requested to contact the County to determine whether the County Board is going to take positions on the requests of the City Council regarding changes and additional funding; for Eagan°s share of the improvements. PILOT MOB ROAD HEARLM - PROJECTS #200 - STREET I11PROVEITITT and 4177 - STORM SN[,TER. The Administrator indicated that the Dakota County Highway Department is now prepared to hold a hearin regarding improvements for Pilot Knob hoad north of Yankee Doodle Road. Upon motion by Wachter, seconded Polzin, all members voting yes, it was RESOLVED that a public hearing be scheduled for June 27, 1977, at 7:00 p.m. at the City Hall and that the feasibility study submitted by the City Engineer be, and it hereby is, accepted and approved covering Projects #200 and #177. PAPS: IXID ASSESSMITS. There was discussion concernin; the method of paying assessments for 1977 on park land owned by the City and it was .noted_that:i.inII9 76 the payments were made from general funds. 1977 assessments amount to about $6,400 with an additional $600 for real estate taxes. There was discussion concerning the possibility of abating these assessments for the present year and reviewing them in future years to determine whether a tax levy would be needed. The issue will be reviewed by the staff and a recommendation will be returned to the Council. QUARRY LAME I1IPROVENENTS. A request from the developer of the lots on the south side of Quarry Lane was submitted requesting that improvements be completed or that the escrow fund be returned to the developer. The Council discussed the road- work agreement of December, 1976, with Cadence Corporation regarding Quarry Lane street improvements. Upon motion by Smith, seconded Wachter, all members voting -8- 5-17-77 yes, it was RESOLVED that in the event the improvements are not completed at the time that the Roadwork Agreement expires, that the City will request that the letter of credit be converted into cash for the future improvement costs of Quarry Lane. FICHVIET4 AVENUE ROAD ACCESS EASEMENT. A request from Roger Sperling and Douglas Selby for vacation of a 30 foot easement adjoining the Selby property owned by Mr. Lentsch running 30 feet northerly of Highview Avenue. The Adminisrator was request- ed to contact the adjoining owner and report back to the Council concerning whether a public hearing should be scheduled to discuss and review the proposed easement vacation. MRS. LINDA SULLIVAN BEAUTY SI30P. A request of. Mrs. Linda Sullivan who lives at 4334 Cedar Avenue South for a variance to operate a beauty shop in her residence was reviewed. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the variance be granted for an additional one year. IIORNE ARCUITECTS STATEMENT. Mr. James Horne appeared regarding a statement submitted by Horne Architects for architectural services for the police facility design work to date. Polzin moved that the bill be paid from Federal Revenue Sharing Funds with the reduction of the driveway and humidifier. Rahn seconded the motion and all members voted in favor. FiJI1D TRkKSFF.RS. The City Attorney submitted a resolution providing;, for payment of certain projects from Fund 522 - 2/1976 Sanitary Sewer, Water, Storm Sewer and Street Improvements, a copy of which is attached hereto. Upon motion by Polzin, seconded Smith, all members voting in favor, it was RESOLVED that the resolution be, and it hereby is, approved. BILLS tTID ADJOURNMENT. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the bills as presented be ordered paid: 273 - 282; 4246 - 4310; 6640 - 6776. The meeting adjourned at 10:45 p.m. DATED : 171 1y '77 -7 7