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06/21/1977 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 21, 1977 A regular meeting of the Fagan City Council was held on June 21, 1977 at 6:30 P.M. Members present were Mayor Polzin, Councilmen Rahn, Smith, Wachter and Ryd ych. Also present were City Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. PLEDGE OF ALLEGIANCE and MINUTES. After the Pledge of Allegiance, upon motion made and seconded, it was RESOLVED that the minutes of the Council meetings of June 7th and June 14th, 1977, and the Board of Review of May 25th hereby are approved. PART. COMt2ITTEE. Tom Hedges and Park Director Schmidt reported: 1. Assistant Tree Inspector. The Park Director recommended that Rich Osgood replace Russ Hall as Assistant Tree Inspector because Mr. Hall is not able to serve in that function. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that Mr. Osgood be hired as Assistant Tree Inspector pro- vided that he passes the State Tree Inspector's test. 2. Department of Agriculture Tree Fund Application. Mrs. Schmidt stated that she has prepared an application for reimbursement for tree funds and also reforesta- tion program which indicates $22,999 spent by the City of Eagan, which would be reimbursed at least 45% by the State if accepted. Upon motion by Wachter, seconded Dale, all members voting in favor, it was RESOLVED that the shade tree program application for the State of Minnesota as presented be approved and forwarded to the Department of Agriculture. 3. Summer-in-the-Park and Recreation Emplo ees. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the list of Summer-in-the-Park and summer recreation employees as recommended by tho Park Director according to the list attached to these minutes be and it hereby is approved. _1_ 6-21-77 4. Fertilizer Spreader. The Park Director recommended that quotations be authorized for a fertilizer spreader-seeder combination. Upon motion by Wachter, seconded by Rahn, all members voting in favor, it was RESOLVED that the Park Director be authorized to receive quotes for that purpose. 5. Park Ordinance No. 49. Copies of proposed amendment to Park Ordinance No. 49 as amended were distributed to the Council members and were discussed by the Council. Review had been completed by the staff and Advisory Park Committee and recommended approval. The school district staffs affected within the City of Eagan have been notified and have issued no objection to the ordinance. Upon motion by Wachter, seconded Rydrych, all members voting yea, it was RESOLVED that Ordinance No. 49 as amended be, and hereby is approved and ordered published. CLIFF ROAD. Dakota County Highway Engineer Robert Sandeen and Assistant Gary Erickson appeared and discussed certain issues relating to the proposed upgrading of Cliff Road at Johnny Cake Ridge Road. They discussed the median reduc- tion proposal from 18 feet to a transitional 6 feet in certain portions of the plan. Also they discussed left turn lanes and U-turn possibilities on Johnny Cake Ridge Road. It was noted that Cliff Road is now designated as an intermediate arterial. A petition from residents concerning an alternate method of assessing and requesting that the City generally pay for the City portion of the cost, including residential equivalent, was read and accepted by the Mayor and filed with the Clerk. A number of affected residents appeared and objected to the proposal. Mr. Sandeen discussed changing the slopes by reducing the slope on the South side from 3 to 1 slope to a 2 to 1 slope and indicated this would be carried out. Council members indicated that it would be necessary to review the assessment policy because of the high impact of the traffic from the Zoo would make on this road. Also the Council Highway staff was asked to resolve the issue regarding Mrs. Johnson's driveway and garage on the South side of the road. Rydrych moved and Wachter seconded a motion that the assessment policy for assessing the affected property be -2- 6-21-77 referred to the Assessment Committee to make a recommendation on each parcel concerning the proposed assessment of a residential equivalent or a portion thereof. All members voted yes. Rydrych then moved and Smith seconded a motion that the Council approve the agreement relative to the improvements on County Road 32 and further that the City and County proceed with the project based upon the plans as submitted and the two drawings that were used at the City Council meeting re- garding revision of the median and the changing of the slopes on the South side. All voted in favor. PERSOMTEL POLICY AND ORDINANCE NO. 69. The City Administrator submitted a proposed Personnel Policy that had been redrafted and in addition proposed Ordinance 69 prepared by the City Attorney. Upon motion by Rydrych, seconded Rahn, all members voting in favor, it was RESOLVED that Ordinance No. 69 incorporating the City of Eagan Basic Personnel Policy be and hereby is approved with a change on page 7 to provide that if an employee is terminated that any accrued vacation would be retained by that employee. ARC11ITECTS CONTRACT ON POLICE FACILITY. The City Council had interviewed six architects at a special meeting of the Council on June 20th regarding an architectural contract for design of a police facility for the City. Council members indicated that it was important to get construction underway in the Fall of 1977 and also important to have background in police facility construction. Smith moved and Rahn seconded a motion to award the architect's contract to Horne Architects, Inc. for the reasons mentioned above and because of the favorable fee proposal, the timing of the plans, construction and familiarity with police design and Eagan requirements provided, however, that the plans be owned by the City of Eagan. All members voted in favor except Wachter who voted no. LEXINGTON SOUTH - BLACRHAWK PARR PLMMED DEVELOPMENT AGREEMENTS. The City Attorney submitted the final agreement for Lexington South Planned Development and Blackhawk Hills Planned Development which had been reviewed and approved by the -3- 6-21-77 City Planner and Administrator. Upon motion by Rydrych, seconded Rahn, all members voting yes, it was RESOLVED that the two agreements be approved and ordered executed. FISCAL CONSULTANTS. The Council again discussed the request of a fiscal consulting firm to interview the Council regarding fiscal consulting purposes for the City. Smith moved, and Polzin seconded a motion to invite Juran and Moody and a representative of 'INLiller and Schroeder to appear and discuss fiscal consulting services for the City of Eagan at the second Council meeting in July. HEINE 1ST ADDITION ASSESSMENT SPREAD. Karl Heine appeared and requested that the Council consider the spread of assessment for improvements in Heine lst Addition for a period of 15 to 20 years. Polzin moved and Smith seconded a motion to provide that the assessments be spread for utility purposes over 15 years and for 10 years for street assessments according to the current policy in plats where the developer intends to sell lots and not construct homes. RESOLUTION FOR UTILITY FUNDS. The City Auditor, Roger Katzenmaier, submitted a proposed resolution recommending designation of cash and short term investments within the City Water and Utility Fund effective December 31, 1976, which was reviewed by the Council. Upon motion by Polzin, seconded Smith, all members voting yes, it was RESOLVED that the resolution be, and hereby is approved and adopted. METRO STADIUM PROPOSAL. Mr. E.E. (Pete) Parranto appeared and briefly explained a proposal for the construction of a stadium on the Dayton Hudson property at the intersection of proposed 35E and 494. A more complete proposal had been sub- mitted to the Council several years earlier. It was noted that the proposed site location must be submitted to the Metropolitan Sports Commission by June 27th and that each City Council must adopt a motion favoring the location within the city before consideration by the Commission. Upon motion by Wachter, seconded Smfth, all members voting yea, it was RESOLVED that the resolution submitted favoring the location in the City of Eagan be, and hereby is approved and ordered signed. At 9 P.M. the Mayor announced a recess and Councilman Rydrych was excused at that time. _4_ 6-21-77 MANGE ORDERS 1. Highway 13 and Yankee Doodle Road. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the Change Order in the estimated sum of $500 to $700 with Fischer Construction Company for water main work at Yankee Doodle Road and Highway #13 be and hereby is approved as a part of the highway reconstruction project. 2. Change Order No. 1, Project No. 194A - $1,450; Change Order rdo. 2 - Fischer Construction Company, Project No. 194A - $13,530; Change Order "To. 1, Project 190A - Frederickson Excavating Company - $22,213.80. Upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED that the foregoing three Change Orders be and they hereby are approved and ordered signed. I1lARRELL FIRST ADDITIOU FINAL PLAT. John Klein submitted the final plat for Marrell First Addition which included a ponding dedication. Upon motion by Polzin, seconded Rahn, it was RESOLVED that the plat be approved. All members voted in favor except Smith who voted no. KE"IIMFI ASP ASSESSIMNTS. A letter from Mr. Kenneth Asp, 1429 Lone Oak Road, claiming that his property North of Lone Oak Road was not benefited from the water area oversizing assessment against the property because of the lack of access. It was noted that a private road easement gives 11r. Asp access to the property. Polzin moved and Rahn seconded a motion to deny the request to amend the assessment because benefits do attach to the property. TEITORARY 3.2 BEER APPLICATIMS. Upon motion by Wachter, seconded Smith, all members voting yes, it was REISOLVED that the following 3.2 temporary beer licenses be approved: 1. Fourth of July Association at Cedar Pond from July 2nd to July 4th_ 2. Patrick McDonald - Joe B Athletic Club, July 30th to July 31 at Sperry Univac ballfield. WEST PUBLISTIMG COMPANY VARIANCE. Mr. Ted Jirik appeared on behalf of the application of Rauenhorst Corporation for West Publishing Company for a variance -5- 6-21-77 from the Ordinance No. 3 requirements to allow P.,auenhorst as the site contractor to perform excavation in two eight-hour shifts starting work at 6 A.P. and completing, at 11°30 P.M. for approximately one and a half months. As noted, all excavation will be on the site and Mr. Jirik indicated that the equipment would be kept away from the residential houses as much as possible in the morning and at night hours. Wachter moved and Smith seconded a motion with all members voting in favor to approve the request for variance. WALTER T•IOSJE VARIANCE. 1tr. Walter TIosje, the purchaser of three acres of property :North of Deerwood Drive and West of Pilot Knob Road, requested that a variance from the 5 acre provision regarding housing of approximately 10 head of experimental calves on a 3 acre parcel was next reviewed. Mr. Wosje indicated that the area is very secluded and upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the request for variance to Permit up to 10 head of calves to be housed under sanitary conditions be permitted on a 3 acre Parcel for a 2 year period; further that the permit for the variance would be extended only on an annual basis upon approval of the City Council following two years. HIGIMEW AVENUE VARIANCE RESIDENTIAL SETBACK. Mr. Darrel McCarthy, the contractor for a proposed residence on the former Preston property on the South side of Highview Avenue now divided into three parcels appeared and requested a variance from the setback requirements under Ordinance No. 52 requiring; average setback from other residences in the immediate block. Smith moved and Wachter seconded the motion to forward the request to the APC for review of the variance requirements for consideration at the next APC meeting. All members voted yes. SPECIAL USE PEPI ITS. The City Clerk submitted two requests for extension of special use permits as follows: a. Jerry Thomas 1.1orse Ranch on County Road ,#30. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that 14r. Thomas be requested to be present at the next Council meeting to discuss complaints concerning horses in the general area. -6- 6-21-77 b. Recies Sample Shop Sign Permit. Upon motion by Smith, seconded Wachter, all members voting yea, it was RESOLVED that the sign permit be denied for the reason that it was granted to be on a temporary basis only. CETA POSITIONS. City Administrator Hedges indicated that all 11 CETA positions have now been filled with the exception of 2 including a legal aid for the Police Department and the zoning aid. Polzin moved and Smith seconded the motion to approve the selections that have been recommended by the City staff. ASSESSMENT OF CITY PROPERTY. The Council again discussed assessments against City property and reviewed a list of assessments submitted by the City Clerk covering 1977 taxes and assessments. Polzin moved and Wachter seconded the motion to abate the assessments in Section 33 concerning the Pilot Knob Road right-o£-way taxes and assessments and also the McKee 3rd Addition parcel both of which were tax forfeited parcels. All members voted yes. Smith then moved that the City pay the annual installments on the balance of the assessments according to the attached list from the appropriate funds. ENERGY COMMITTEE. Smith moved and Wachter seconded the motion that the City Clerk forward a letter to the Eagan Energy Committee thanking, Chairman Richard Stevenson and the committee members for an excellent job regarding the research and recommendations on energy issues in the City of Eagan. MEDICAL INSURANCE. The City Administrator discussed with the Council an issue regarding evidence of insurability for certain city employees and he was instructed to contact Mutual Insurance again and then report back to the Council concerning the discussions. BLACKHAWK HILLS 2ND ADDITION ROADWORK AGREEMENT. Upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the Roadwork Agreement prepared by the City Atty. and signed by the developer covering Blackhawk Hills 2nd Addition be and it hereby is approved and ordered signed. TRAILER PER11IT RENEWALS. A note from the Building Inspector indicating there was no change in occupancy regarding the trailer permits was submitted. Upon -7- 6-21-77 motion by Rahn, seconded Smith, all members voting yes, it was RESOLVED that the IIItrailer permits according to the schedule attached to the minutes be and it hereby is approved for one additional year from the annual renewal date. MARTIN SHIELDS ASSESSMENT. A letter from Martin Shields requesting that the 3 year deferral for lateral assessments on Towerview Road concerning his land on the North side be extended until the property is either sold to a developer or developed. No action was taken on the request. LEO MURPHY - BLACKHAWK PARK QUIT CLAIM DEED. A Quit Claim Deed was submitted by the City Atty. according to an agreement reached between Leo Murphy as the abutting property owner and the City of Eagan regarding the property line along Blackhawk Park. Upon motion by Wachter, seconded Rahn, all members voting yes, it was approved and ordered signed. BILLS AND ADJOURNMENT. Upon motion by Wachter, seconded Rahn, all members Ivoting in favor, it was RESOLVED that the following list of bills be and they hereby are approved and that the meeting adjourns 283 - 298, 4311 - 4437, 6777 - 6994. Adjournment was at 11 P.M. PHR DATED: 6,- /- 77 ',g/a-e. ff3,--/Z-6_,(__- -8-