Loading...
09/20/1977 - City Council Regular MINUTES OF A rEGULAR MEETING OF THE EAGAIT CITY COUIICIL EAGAI3, M114IMSOTA SEPTEMBER 20, 1977 A regular meeting of the Eagan City Council was held on September 20, 1977 at 6:30 p.m. at the City Hall. Members present were Mayor Herb Polzin, and City Coun- cil Members Ted Wachter, Jim Smith, Bill rydrych and Art Rahn. Also present were City Engineer Rosene, City Clerk Bolke, City L'Aministrator Hedges, and City t ttorney Hauge. MINUTES. Upon motion by Smith, seconded Rahn, all voting yes, the minutes of the September 13th, 1977 meeting were approved as distributed and the minutes of the September 6th meeting were approved with the following changes: On page 8, the following resolution was added; "Upon motion by Smith, seconded by Rahn, all members voting in favor, it was RESOLVED that the request of Dunn & Curry for preliminary design studies be referred to the City Engineer for preparation of a report covering the alignment and profile for the extension to Wilderness Run Road from its present terminus to the proposed extension of Lexington Avenue and further, a design study for Lexington Avenue from County Road #30 to County Road #32, all to be made at the expense of Dunn & Curry. Bea Blomquist was present on behalf of the homeowners in Oak Chase Addition and requested that in the event that the up- grading of Lexington Avenue takes place, that it be ordered that the improvement take place from County Road #32 to County Road #30 in the same project." Also, on pair- 2, that in relation to park land dedication, that Mr. Ken Hedtke rather than Mx. Ken Hedges appeared. POLICE DEPARTMENT. Chief DesLauriers appeared. 1. Mr. DesLauriers indicated that Tami Moe had resigned and he recommended the appointment of Marion Weston to be hired as a full-time dispatcher replacement. Upon motion by Smith, seconded by Rydrych, all members voting yea, it was RESOLVED that the recommendation be approved. 2. Mr. DesLauriers discussed a request of residents on Lone Oak Road between -1- 9-20-77 Highway #13 and Pilot Knob Road for a speed limit study, and Mr. DesLauriers recom- mended that the Council request the study. Upon motion by Wachter, seconded Rydrych, all members voting yea, it was RESOLVED that the Council request a speed study on Lone Oak as requested. 3. Upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that the Police Chief be authorized to attend the International Chiefs of Police Convention in Los Angeles beween October 1 and October 6 at the City's expense. 4. Zoo Traffic Study. The Council discussed briefly with the Chief the Bar- ton-Ashman study report concerning traffic to the zoo which estimated that 94 per- cent of the traffic to the zoo will use the Johnny Cake - Cliff Road intersection. Chief DesLauriers recommended that the County Highway Department and DOT be requested not to sign off the traffic at 122nd and 35W to Cliff, but to direct the traffic on to County Road Y42 to reduce the burden on Cliff road. Councilman Wachter expressed his objection to the lack of County participation in the upgrading of Cliff Road and refusal to contribute a higher percentage of the cost of the upgrading. It was requested that a study be made as to the power of the City to reassign zoo traffic and a suggestion was made that a temporary project be initiated at the intersection of Cliff and Johnny Cake Road with temporary signing. STATE FAIR BOARD. Wachter moved and Rahn seconded a motion with all members voting yes to have the Administrator send a letter to the State Fair Board objecting to the sale of equipment that can be used for narcotics on State Fair grounds during the State Fair. PARK DEPARTMNT. Barbara Schmidt appeared. 1. Upon motion by Rahn, seconded by Wachter, all members voting yes, it was RESOLVED that the Park Director be authorized to attend the conference of the Nation- al Institute on Park and Grounds Maintenance to be held in Milwaukee, Wisconsin on November 7 through November 10 at the City's expense. -2- 9-20-77 2. A list of equipment bids for park equipment was reviewed by the Council and the recommendation was made by the department head that the low bids be accepted covering five separate items as follows; A. Snowblower to Carlson Tractor and Equipment Company in the sum of $1,696. B. Sweeper Broom to Ilaydea-Murphy Equipment Company - $2,370. C. Striping Machine to Hayden-Murphy Equipment Company - $1,700. D. Three-Quarter Ton Truck, 1977 to Ridgedale Ford - $5,507. E. One-Ton Truck to ridgedale Ford - $5,152. Upon motion by Smith, seconded Wachter, it was RESOLVED that the foregoing recommen- dations be approved and the equipment ordered for purchase. All members voted yes. 3. CETA Employee. Barbara Schmidt indicated that the term of Don Weckop, a CETA employee, will expire at the end of September and recommended that the City hire a full-time person for the position that he has been filling. Council Members asked that the Park Director post a notice that the position will be filled at the September 28 special meeting of the City Council. PUBLIC WORKS DEPIIRT[ZNT. Bill Branch was present. 1. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that Mr. Branch be authorized to attend at the City's expense the North Central American Water Ilorks Association meeting in Rochester, Minnesota from Octo- ber 5 through October 7. 2. Johnny Cake Ridge Road Signing. Mr. Branch recommended a dead-end sign on the North side of the intersection of Johnny Cake Ridge Road and Cliff Road to stop the zoo traffic going North on Johnny Cake Road. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the recommendation be approve 3. Brown Tank Lift Station. The Utility Director recommended that an addition lift pump be installed at the Brown Tank lift station site and that the City Engineer review the request and report to the Council. Upon motion by Polzin, seconded Smith, -3- t 9-20-77 all members voting yes, it was RESOLVED that the recommendation be approved. 4. One-Ton Asphalt Roller. Mr. Branch stated that there were three quotations that have been received for a one-ton asphalt roller with the low bid of Western Roller in the sum of $2,990, and recommended it be purchased. Upon motion by Wach- ter, seconded Polzin, all members voting yes, it was RESOLVED that the low bid be authorized for purchase. 5. Single-Axle Truck Chassis. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the Clerk be authorized to advertise for bids to be opened on October 14, 1977 at the City Hall at 2 p.m PROJECT #213 - TDBEP.SHORES STREET LIGHTING PROJECT. The Mayor reconvened the Public Hearing concerning street lighting for Timbershores Addition. The Administra- tor read a letter from Ed Kenney, the president of the Homeowners' Association, indicating that a majority of the homeowners in the area objected to the street lighting project and requested that the Council suspend any further consideration of the improvement. The Mayor then closed the hearing, Mr. Kenney had requested that the City possibly reconsider the project at a later time if requested by the homeowners. Smith moved and Wachter seconded a motion that the project not be ordere. in. "All members voted in favor. PROJECT #213 - RIVER HILLS 9TH ADDITIOTI. The Mayor convened the hearing con- cerning street lighting for river Hills 9th ^d.dition and the Engineer explained the project briefly. A number of affected residents appeared and recommended concrete poles rather than wooden or fiberglass poles. There was discussion concerning the policy by the City which had not been set up earlier with electricity distributors and further, there was no policy concerning replacing the poles in the future. Certain property owners present requested that the bid costs be made known to the homeowners prior to the award of the contract for the project. Wachter moved and Rahn seconded the motion to continue the hearing to October 4, 1977 for further review. -4- 9-20-77 PROJECT #214 - SIBLEY TEI'MITAL IIIDUSTRIAL PARK: STORM SMIER. The Mayor next convened the hearing regarding storm sewer improvements in Sibley Terminal Industrial Park and the Highway #13 area. A number of affected property owners were present. Mr. Rosen reviewed the project and indicated one petitioner was the Department of Transportation because of the improvements to Yankee Doodle Road and Highway #13 and indicated that the DOT will contribute toward the cost approximately $25,000 to $30,000. There were no objections to the project. Rahn moved and Rydrych secon- ded a motion with all members voting in favor to approve and order in the project and order the plans and specifications. APC P.ECOUZIMATION. Pers. Blomquist appeared regarding a recommendation of the Advisory Planning CoumEsgion that residential back yards not abut major streets in the City for aesthetic and assessment reasons, etc. The Planning Commission recom- mended that the planning staff make a study of the issue and report back to the Planning Commission and Council. Wachter moved and Smith seconded a motion with all members voting yea to request that the Planner, Dale Runkle, review the issue and return with recommendations to the Planning Commission at a later time. OAR CHASE PARK: DEDICATIOIT. James Frisbee and Arnold Carlson appeared regarding the proposed dedication of park land in Oak Chase ~'Adition to the City. Mr. Frisbee indicated that he has now acquired buyers for the balance of four lots intended to be dedicated to the City. He requested that the City authorize the sale of 75 feet on the East to Arnold Carlson for driveway purposes and also a triangle at the South line of the property to make a buildable lot adjacent to the lake in Oak Chase Addition. There was a lengthy discussion concerning consideration for the sale of committed property, a possible exchange of property, a possible need for a lift pump for sewage purposes if the triangle parcel is not conveyed to Mr. Carlson. It was noted that the Park Committee objected to the sale of the triangular portion of the park area. The Mayor was excused briefly and .`assistant mayor Wachter chaired the meeting. Mr. Carlson offered $1,750 for the triangle and the 75-foot parcel. w5W 9-20-77 It was rec-nwended that the matter be referred to the Advisory Park Committee with a recommendation to the Council at a future meeting. OM', POTID HILLS FIM PLAT. Mr. Floyd Forsberg appeared on behalf of the devel- opers of Oak Pond Hills !addition on Cliff Road with the final plat and also the development agreement. There was a question concerning the requirement that storm sewer area assessments be paid on all plats which is the current policy and also, it appeared that the park dedication requirements had not been fulfilled. Wachter moved to approve the final plat subject, however, to the recommendation by the Park Committee concerning park dedication, exemption from storm sewer area assessments because of the large lots and the remoteness from storm sewer improvements, the Engineer's approval, and also approval of the development agreement and escrow. Polzin seconded the motion; all members voted in favor. SECTION 8 MITAL ASSISTAIICE P?ROGRAIL Mr. Jim Solum appeared on behalf of the Dakota County Housing and Redevelopment Authority and described the new Federal pro- gram providing for the acquisition of single family homes on scattered sites through- out Dakota County. About six or seven homes could be acquired in Eagan upon the Council's approval. It was noted that the 11RA has received 196 applications from Eagan residents under the Section 8 Rental Assistance Program and 78 units have been found for them as of August 31. It was noted that there are special tax con- siderations whereby the property will be assessed about equal to 10 percent of the shelter rent actually charged by the BRA. It is estimated that the approximate maximum cost for 3-bedrooms in the area would be $42,500 and the City Council could set the maximum number of units that would be involved within Egan. 1: cooperation agreement was submitted for review by the City. Smith moved and Rahn seconded a motion to approve the cooperation agreement subject to final approval by the City staff with a maximum of 7 units to be included within the City. Smith, Icahn, and Rydrych voted yes; Wachter and Polzin voted no, and the motion was adopted. WI1DER13ESS PARK 210 LDDITION FINAL PLAT. Arnold Carlson appeared and requested -6- 9-20-77 approval of the final plat o Wilderness Park 2nd Addition and there was discussion concerning the park contribution. It was noted that a future park site will be acquired to the East from the Lexington "Wouth Developers and therefore, according to City policy, a cash contribution on a temporary basis should be made for deposit with the City. In addition, it was noted the development contract and escrow had not been completed. Upon motion by Wechter, seconded Smith, all members voting in favor, it was RESOLVED that the plat be approved subject to ordinance requirements, Engineer's approval, and park contribution determination by the City, and also the submission and approval of the development contract together with escrow. COMITY ROAD ASSESSMENT POLICY. The Council discussed the Z.ssessment Committee's recommendations of August 30th concerning assessments for improvements against property along County roads. In addition, there was concern about assessments for potential service roads on major streets, and also back yards abutting on major streets. Wachter moved and Polzin seconded a motion to approve the recommendations as submitted with the understanding that the 'assessment Committee will review the two issues mentioned above. Rydrych abstained and all other members voted in favor. CEDM AVENUE RIGHT OF MAY COME141IATIOII. City Attorney Hauge briefly reviewed with the Council the progress of the condemnation by the DOT concerning the Cedar Avenue liightaay 036 right of way. It was noted that condemnation now has been commenced as far South as County road #30 including several parcels South of County Road ;`30, and there was concern by Mr. Hauge that City easements will be preserved and further, that all assessments within the right of way will be paid by the DOT at the time of completion of the condemnation proceedings. Mr. Hauge recommended that the City authorize negotiations with the County and the DOT concerning payment of assessments and retention of the easements and further, that the'City Attorney be authorized to intervene in the condemnation actions on County Road 036 if it becomes necessary to do so for protection of assessments and easements. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the recommendations be approved and further that the City Attorney be directed to make a - 7- 9-20-77 request for Attorney's fees and costs in the condemnation action. COMITIQUAL USE PEMIET M.TENSIOM. The City Clerk submitted a list of four conditional use permits expiring in October as follows: 1. Janet Flogstad Child Care Center - 4300 Elackhawk road. 2. Hart Custom Home Inc. trailer sales lot - 2331 Highway x,`55, 3. Orvilla Homes - 3430 Wescott Hills Drive. 4. Wilfred Wiger Group Therapy Practice - 700 slue Gentian road. There were no objections to the extension of the conditional use permits. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was P.ESOLVED that the conditional use permits be extended for an additional year. BICEUTEITUTIAL ZDDITIOV I141MOVE1MIT. A request of the developers of Bicentennial addition for an additional catch basin in their project was submitted. Assistant City Engineer Gordon reviewed the proposal and upon motion by Polzin, seconded Wach- ter, all members voting yea, it was P.ESOLVED that the request be approved and that the project be ordered in by signing waiver of hearing by the developer and the nego- tiation of the change order for the catch basin. CHES MAP. 3Pa MITIOU DEVELOPMUT ESCROW. The final plat for Ches Mar 3rd Addi- tion was submitted and it was noted that the development agreement had not been executed. Upon motion by R-hn, seconded Smith, all members voting in favor, it was RESOLVED that the final plat of Ches liar 3rd Addition be approved subject to the execution of a development agreement and submission of a letter of credit in the sum of $13,275. CUES MAR 21-M ADDITIO11 DEVELOPMEHT AGREEMEITT. A letter from the City Engineer recommending a reduction in the escr(= for the Ches Thar 2nd Addition development agreement to the sum of $24,030 was upon motion by Smith, seconded Rahn, all members voting in favor, approved. POLICE FACILITY. James Horne, architect, appeared with final structural plans and alternates concerning the proposed police facility which were reviewed by the -8- 9-20-77 Council. ITo action was taken and final approval will be given at a special meeting an September 23, 1977 at 6;30 p.m. NORTHERN DAICOTA COMITY CHAMBER DVERTISIIIG BROCITI RE. City Administrator Hedges reviewed a proposed advertising brochure sponsored by tlorthern Dakota County Chamber of Commerce covering [Test St. Paul, Mendota Heights and Eagan. ..'k request had been made by the publisher whether the City would purchase an ad in the brochure. Mr. Hedges indicated that the brochure will include information about the City and reviewed comments made by the Eagan Public Relations Community Development Committee. The consensus of the Council was that the City would not acquire an ad in the bro- chure, but that cooperation would be given in the preparation of information about the City and the area. PROJECT #220 PaELIMIITAny REPORT. Assistant City Engineer Gordon submitted a preliminary report covering Project #120 consisting of sewer services to the Reid property on County road 031. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the preliminary report be accepted and that a public hearing be scheduled for October 18, 1977 at 7 p.m. at the City Hall. PROJECT 0216 - KPILARD PARR. The next preliminary report submitted covered Mallard Park 1st, 2nd and 3rd Aditions utility and street improvements. Upon motion by Polzin, seconded Rahn, all members voting yea, it was RESOLVED that the preliminary report be accepted and that a public hearing be scheduled on the report for October 18, 1977 at 7 p.m. at the City Hall. VIEST PUBLISHIITG COMPAITY UTILITY PLAITS - PROJECT #186. The Assistant City Engineer Gordon reviewed briefly with the Council the plans for water mains and sewer trunk improvements in the West Publishing Company area on Wescott Road. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the plans for Project 0186 be and hereby are approved, and that the Clerk be author- ized to advertise for bids to be opened on October 14, 1977 at 2 p.m. at the City Hall. - 9- 9-20-77 HIGITAY PROJECTS - OPED CUTS. Pair. Gordon indicated t%at the Dakota County High- way Department now has denied requests from municipalities to open cut County roads during the City improvement projects. He stated that under Project 1,12119, the City will have to acquire a new quote for auguring under County Road 1#31 and that a change order will be required. Smith then moved with Wachter seconding the motion, all members voting yes, that the City Council be on record protesting to Dakota County its new policy concerning County road cuts in the event of necessary utility cros- sings by municipalities in the County, particularly in those cases where the County roads are in bad condition, and the City jdministrator was directed to forward a let- ter to D==kota County reflecting the Council's position. NORTHERN STATES P(MER - WILDERNESS RUN ROAD. Mr. Gordon indicated that it would be necessary to lower some PISP towers along the extension of U lderness run Road during the road improvement construction contract. He requested a letter be sent by the City Administrator to NSP requesting PISP prepare a cost study to lower the poll with the understanding that Eagan will pay for the cost study. Smith moved and Wachtel seconded a motion to implement the recommendation described. PROJECT 0211A - C011TRACT. The City Attorney submitted the contract covering Project '211A with Fredrickson Excavating Company and recommended it be approved and signed. Polzin moved and Smith seconded a motion with all members voting in favor to authorize the approval and execution of the contract. HORNE ARCHITECTS, I1,TC. - POLICE FACILITY CONTRACT. Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that the architectual contract between the City of Eagan and Horne Architects, Inc. for the design of the Eagan Police Facility be and hereby is approved and authorized for signature. BLACHIMAM, ROAD SMIER STUDY PETITIOII. A petition from seven property owners adjacent to Blackhaw.c Road North of County toad #30 for a sewer study covering their property was presented by the City Clerk. Upon motion by Wachter, seconded Polzin, it was RESOLVED that the petition be referred to the City Engineer for study and report. All members voted in favor except Rahn who abstained. -10- 9-20-77 IIARPEL 1ST ADDITION ASSESSMENTS. the City Clerk submitted a proposed assess- ment roll for respreading the assessments for IvIarrel lst Addition and requested approval of the City Council to certify them to the County Auditor. BONESTR00, ROSEIIE, AIIDERLIK & ASSOCIATES PLAYGROUIID CONTRIBUTION. 1, check in the sum of $250 was submitted by Bonestroo, Rosene, Anderlik and Associates for the City of Eagan for the proposed purchase of playground equipment. The Clerk was authorized to direct a letter thanking the firm for the contribution. STADIUIZ REVISED RESOLUTION. City ldministrator Hedges submitted a proposed 3-page resolution regarding the proposed location of the Sports Stadium in the City of Eagan, which was reviewed by City Council members. Upon motion by Wachter, seconded I'ydrych, all members voting in favor, it was RESOLVED that the resolution as presented be approved, provided however, that it be reviewed in relation to earlier resolutions for consistency and propriety prior to its execution and distri- bution. BUDGET REVMJ. The City Administrator briefly described some aspects of the proposed 1973 budget, and it was determined that a special meeting concerning the budget will be held on September 28, 1977 at 6;30 p.m, at the City Hall. ADJOURP1,1EITP AND BILLS. Upon motion by Rahn, seconded Wachter, all members voting in favor, it was RESOLVED that the bills according to the following schedule be authorized for payment= 318 - 329; 4954 - 5032; 7581 - 7707. Upon motion duly made and seconded, the meeting was adjourned at about 12 p.m. PHH DATED : -ll- MI1WrES OF A rZGULAR MEETING OF 11M EAGAN CITY COU11CIL EAGAId, MI1,RXSOTA SEPTEMBER 20, 1977 A regular meeting of the Eagan City Council was held on September 20, 1977 at 6:30 p.m. at the City Hall. Members present were Mayor Herb Polzin, and City Coun- cil Members Ted Wachter, Jim Smith, Bill rydrych and Art Rahn. Also present were City Engineer Rosene, City Clerk Bolke, City Administrator Hedges, and City Attorney Hauge. MIS. Upon motion by Smith, seconded Rahn, all voting yes, the minutes of the September 13th, 1977 meeting were approved as distributed and the minutes of the September 6th meeting were approved with the following changes: On page 8, the following resolution was added; "Upon motion by Smith, seconded by Rahn, all members voting in favor, it was RESOLVED that the request of Dunn & Curry for preliminary design studies be referred to the City Engineer for preparation of a report covering the alignment and profile for the extension to Wilderness Run Road from its present terminus to the proposed extension of Lexington Avenue and further, a design study for Lexington Avenue from County Road #30 to County Road #32, all to be made at the expense of Dunn & Curry. Bea Blomquist was present on behalf of the homeowners in Oak Chase Addition and requested that in the event that the up- grading of Lexington Avenue takes place, that it be ordered that the improvement take place from County Road #32 to County Road ~P30 in the same project." Also, on pagr 2, that in relation to park land dedication, that Mr. Ken Hedtke rather than Mr. Ken Hedges appeared. POLICE DEPARTMENT. Chief DesLauriers appeared. 1. Mr. DesLauriers indicated that Tami•22oe had resigned and he recommended the appointment of Marion Weston to be hired as a full-time dispatcher replacement. Upon motion by Smith, seconded by Rydrych, all members voting yea, it was RESOLVED that the recommendation be approved. 2. Mr. DesLauriers discussed a request of residents on Lone Oak Road between -1- 9-20-77 Highway #13 and Pilot Knob Road for a speed limit study, and Mr. DesLauriers recom- mended that the Council request the study. Upon motion by Wachter, seconded Rydrych, all members voting yea, it was RESOLVED that the Council request a speed study on Lone Oak as requested. 3. Upon motion by Rydrych, seconded Wachter, all members voting in favor, it was RESOLVED that the Police Chief be authorized to attend the International Chiefs of Police Convention in Los Angeles beween October 1 and October 6 at the City's expense. 4. Zoo Traffic Study. The Council discussed briefly with the Chief the Bar- ton-Ashman study report concerning traffic to the zoo which estimated that 94 per- cent of the traffic to the zoo will use the Johnny Cake - Cliff Road intersection. Chief DesLauriers recommended that the County Highway Department and DOT be requested not to sign off the traffic at 122nd and 3N to Cliff, but to direct the traffic on to County Road A2 to reduce the burden on Cliff Road. Councilman Wachter expressed his objection to the lack of County participation in the upgrading of Cliff Road and refusal to contribute a higher percentage of the cost of the upgrading. It was requested that a study be made as to the power of the City to reassign zoo traffic and a suggestion was made that a temporary project be initiated at the intersection of Cliff and Johnny Cake Road with temporary signing. STATE FAIR BOARD. Wachter moved and Rahn seconded a motion with all members voting yes to have the Administrator send a letter to the State Fair Board objecting to the sale of equipment that can be used for narcotics on State Fair grounds during the State Fair. PARR DEPARTMENT. Barbara Schmidt appeared. 1. Upon motion by Rahn, seconded by Wachter, all members voting yes, it was RESOLVED that the Park Director be authorized to attend the conference of the Nation- al institute on Park and Grounds Maintenance to be held in Milwaukee, Wisconsin on November 7 through November 10 at the City's expense. -2- 9-20-77 2. A list of equipment bids for park equipment was reviewed by the Council and the recommendation was made by the department head that the low bids be accepted covering five separate items as follows; A. Snowblower to Carlson Tractor and Equipment Company in the sum of $1,696. B. Sweeper Broom to Hayden-Murphy Equipment Company - $2,370. C. Striping Machine to Hayden-Murphy Equipment Company $1,700. J, !</3 D. Three-Quarter Ton Truck, 1977 to Ridgedale Ford - $5,50 E. One-Ton Truck to r idgedale Ford - $5,152. Upon motion by Smith, seconded Wachter, it was RESOLVED that the foregoing recommen- dations be approved and the equipment ordered for purchase. All members voted yes. 3. CETA Employee. Barbara Schmidt indicated that the term of Don Weckop, a CETA employee, will expire at the end of September and recommended that the City hire a full-time person for the position that he has been filling. Council Members asked that the Park Director post a notice that the position will be filled at the September 28 special meeting of the City Council. PUBLIC WORES DEPARUIENT. Bill Branch was present. 1. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that Mr. Branch be authorized to attend at the City's expense the North Central American Water tlorks association meeting in Rochester, Minnesota from Octo- ber 5 through October 7. 2. Johnny Cake Ridge Road Signing. Mr. Branch recommended a dead-end sign on the North side of the intersection of Johnny Cake Ridge Road and Cliff Road to stop the zoo traffic going North on Johnny Cake Road. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the recommendation be approvec 3. Brown Tank Lift Station. The Utility Director recommended that an additiona lift pump be installed at the Brown Tank lift station site and that the City Engineer review the request and report to the Council. Upon motion by Polzin, seconded Smith, -3- 9-20-77 all members voting yes, it was RESOLVED that the recommendation be approved. 4. One-Ton Asphalt Roller. Mr. Branch stated that there were three quotations that have been received for a one-ton asphalt roller with the low bid of Western Roller in the sum of $2,990, and recommended it be purchased. Upon motion by Wach- ter, seconded Polzin, all members voting yes, it was RESOLVED that the low bid be authorized for purchase. 5. Single-Axle Truck Chassis. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the Clerk be authorized to advertise for bids to be opened on October 14, 1977 at the City Hall at 2 p.m PROJECT IP213 - TIMBERSHORES STREET LIGHTING PROJECT. The Mayor reconvened the Public Hearing concerning street lighting for Timbershores Addition. The Administra- tor read a letter from Ed xenney, the president of the homeowners' Association, indicating that a majority of the homeowners in the area objected to the street lighting project and requested that the Council suspend any further consideration of the improvement. The Mayor then closed the hearing, Mr. Kenney had requested that the City possibly reconsider the project at a later time if requested by the homeowners. Smith moved and Wachter seconded a motion that the project not be ordere, in. All members voted in favor. PROJECT #213 - RIVER HILLS 9TH ADDITION. The Mayor convened the hearing con- cerning street lighting for River Hills 9th ,^Adition and the Engineer explained the project briefly. A number of affected residents appeared and recommended concrete poles rather than wooden or fiberglass poles. There was discussion concerning the policy by the City which had not been set up earlier with electricity distributors and further, there was no policy concerning replacing the poles in the future. Certain property owners present requested that the bid costs be made known to the homeowners prior to the award of the contract for the project. Wachter moved and Rahn seconded the motion to continue the hearing to October 4, 1977 for further review. -4- 9-20-77 PROJECT #214 - SIBLEY TEP.M NAL I11DUSTRIAL PARK STOMI SM7EF,. The Mayor next convened the hearing regarding storm sewer improvements in Sibley Terminal Industrial Park and the Highway #13 area. A number of affected property owners were present. Mr. Rosen reviewed the project and indicated one petitioner was the Department of Transportation because of the improvements to Yankee Doodle Road and Highway #13 and indicated that the DOT will contribute toward the cost approximately $25,000 to $30,000. There were no objections to the project. Rahn moved and rydrych secon- ded a motion with all members voting in favor to approve and order in the project and order the plans and specifications. APC RECOUZIMATIOPI. Mrs. Tlomquist appeared regarding a recommendation of the Advisory Planning Comadmion that residential back yards not abut major streets in the City for aesthetic and assessment reasons, etc. The Planning Commission recom- mended that the planning staff make a study of the issue and report back to the Planning Commission and Council. Wachter moved and Smith seconded a motion with all members voting yea to request that the Planner, Dale Runkle, review the issue and return with recommendations to the Planning Commission at a later time. OAK CHASE PARK DEDICATIOII. James Frisbee and Arnold Carlson appeared regarding the proposed dedication of park land in Oak Chase .-Adition to the City. Mr. Frisbee indicated that he has now acquired buyers for the balance of four lots intended to be dedicated to the City. He requested that the City authorize the sale of 75 feet on the East to Arnold Carlson for driveway purposes and also a triangle at the South line of the property to make a buildable lot adjacent to the lake in Oak Chase Addition. There was a lengthy discussion concerning consideration for the sale of committed property, a possible exchange of property, a possible need for a lift pump for sewage purposes if the triangle parcel is not conveyed to Mr. Carlson. It was noted that the Park Committee objected to the sale of the triangular portion of the park area. The Mayor Was excused briefly and .',ssistant Mayor Wachter chaired the tweeting. Mr. Carlson offered $1,750 for the triangle and the 75-foot parcel. •5r 9-20-77 it was recommended that the matter be referred to the Advisory Park Committee with a recommendation to the Council at a future meeting. OA:: POW HILLS FIPIAL PLAT. Mr. Floyd Forsberg appeared on behalf of the devel- opers of OaI: Pond Hills addition on Cliff road with the final plat and also the development agreement. There was a question concerning the requirement that storm sewer area assessments be paid on all plats which is the current policy and also, it appeared that the park dedication requirements had not been fulfilled. Wachter moved to approve the final plat subject, however, to the recommendation by the Park Committee concerning park dedication, exemption from storm sewer area assessments because of the large lots and the remoteness from storm sewer improvements, the Engineer's approval, and also approval of the development agreement and escrow. Polzin seconded the motion; all members voted in favor. SECTION 8 RMITAL ASSISTAIICE PROGRAIL Per. Jim Solum appeared on behalf of the Dakota County Housing and Redevelopment Authority and described the new Federal pro- gram providing for the acquisition of single family homes on scattered sites through- out Dakota County. About six or seven homes could be acquired in Eagan upon the Council's approval. It was noted that the BRA has received 196 applications from Eagan residents under the Section 8 Rental Assistance Program and 78 units have been found for them as of August 31. It was noted that there are special tax con- siderations whereby the property will be assessed about equal to 10 percent of the shelter rent actually charged by the M.A. It is estimated that the approximate maximum cost for 3-bedrooms in the area would be $42,500 and the City Council could set the maximitm number of units that would be involved within E==gan. cooperation agreement was submitted for review by the City. Smith moved and Rahn seconded a motion to approve the cooperation agreement subject to final approval by the City staff with a maximum of 7 units to be included within the City. Smith, I'.aha, and Rydrych voted yes; Wachter and Polzin voted no, and the motion was adopted. WILDEPITESS PART: 21M 10DITIOPI FWAL PLAT. Arnold Carlson appeared and requested •6- 9-20-77 approval of the final plat o Wilderness Park 2nd Addition and there was discussion concerning, the park contribution. It was noted that a future park site will be acquired to the Lust from the Lexington South Developers and therefore, according to City policy, a cash contribution on a temporary basis should be made for deposit with the City. In addition, it was noted the development contract and escrow had not been completed. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the plat be approved subject to ordinance requirements, Engineer's approval, and park contribution determination by the City, and also the submission and approval of the development contract together with escrow. COMITY ROAD ASSESSMENT POLICY. The Council discussed the Zssessment Committeels recommendations of August 30th concerning assessments for improvements against property along County roads. In addition, there was concern about assessments for potential service roads on major streets, and also back yards abutting on major streets. Wachter moved and Polzin seconded a motion to approve the recommendations as submitted with the understanding that the _,ssessment Committee will review the two issues mentioned above. Rydrych abstained and all other members voted in favor. CEDAR AVEPIUE RIGHT OF MAY COIDEMIATIOII. City Attorney Hauge briefly reviewed with the Council the progress of the condemnation by the DOT concerning the Cedar Avenue Highway #36 right of way. It was noted that condemnation now has been commenced as far South as County road #30 including several parcels South of County Road 0'30, and there was concern by Mr. Hauge that City easements will be preserved and further, that all assessments within the right of way will be paid by the DOT at the time of completion of the condemnation proceedings. Mr. Hauge recommended that the City authorize negotiations with the County and the DOT concerning payment of assessments and retention of the easements and further, that the'City Attorney be authorized to intervene in the condemnation actions on County Toad ,r36 if it becomes necessary to do so for protection of assessments and easements. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the recommendations be approved and further that the City Attorney be directed to make a -7- 9-20-77 request for Attorney's fees and costs in the condemnation action. COBDITIOIIAL USE PERTRIT LnTENSI0II3. The City Clerk submitted a list of four conditional use permits expiring in October as follows; 1. Janet Flogstad Child Care Center - 4300 Blackhawk road. 2. Hart Custom Home Inc. trailer sales lot - 2831 Highway #55. 3. Orvilla Homes - 3430 Wescott Hills Drive. 4. 2lfred Wiger Group Therapy Practice - 780 Blue Gentian road. There were no objections to the extension of the conditional use permits. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was T'.I;SOLVED that the conditional use permits be extended for an additional year. HICEITTEIRVIAL ADDITIOII IMPROVEMEITT. A request of the developers of Bicentennial tAdition for an additional catch basin in their project was submitted. Assistant City Engineer Gordon reviewed the proposal and upon motion by Polzin, seconded Wach- ter, all members voting yea, it was RESOLVED that the request be approved and that the project be ordered in by signing waiver oX: hearing by the developer and the nego- tiation of the change order :or the catch basin. CUES 11AR 3RD ADDITIOU DEVELOPI4EIIT ESCROT. The final plat for Ches Mar 3rd Addi- tion was submitted and it was noted that the development agreement had not been executed. Upon motion by R--hn, seconded Smith, all members voting in favor, it was RESOLVED that the final plat of Ches Mar 3rd Addition be approved subject to the execution of a development agreement and submission of a letter of credit in the sum of $13,275. CITES MAR 2IID ADDITIOII DEVELOPMENT AGREEMENT. A letter from the City Engineer recommending a reduction in the escrow for the Ches Isar 2nd Addition development agreement to the sum, of $24,030 was upon motion by Smith, seconded Rahn, all members voting in favor, approved. POLICE FACILITY. James Horne, architect, appeared with final structural plans and alternates concerning the proposed police facility which were reviewed by the -8- 9-20-77 Council. ITo action was taken and final approval will be given at a special meeting on September 23, 1977 at 6:30 p.m. 11ORTHERN DAIWA COUITTY CIIANf$ER MVERTISIITG BROCII R& City Administrator Hedges reviewed a proposed advertising brochure sponsored by Northern Dakota County Chamber of Commerce covering ?lest St. Paul, Mendota Heights and Eagan. request had been made by the publisher whether the City would purchase an ad in the brochure. Mr. Hedges indicated that the brochure will include information about the City and reviewed comments made by the Eagan Public relations Community Development Committee. The consensus of the Council was that the City would not acquire an ad in the bro- chure, but that cooperation would be given in the preparation of information about the City and the area. PP.OJECT #220 Pr.ELTMLTAny REPORT. Assistant City Engineer Gordon submitted a preliminary report covering Project It'220 consisting, of sewer services to the Reid property on County road #31. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the preliminary report be accepted and that a public hearing be scheduled for October 18, 1977 at 7 p.m. at the City Hall. PROJECT ' 216 - 11ALLARD PARK. The next preliminary report submitted covered Mallard Park 1st, 2nd and 3rd ..dditions utility and street improvements. Upon motion by Polzin, seconded Rahn, all members voting yea, it was RE-SOLVED that the preliminary report be accepteda~ 4 as he ^rh ++7a._on_thp r.._-~ePozt_ Q ~f WEST PUBLISHITTG CONRLIN UTILITY PL4UTS PROJECT #186. The Assistant City Engineer Gordon reviewed briefly with the Council the plans for water mains and sewer trunk improvements in the West Publishing Company area on Wescott Road. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the plans for Project 1#186 be and hereby are approved, and that the Clerk be author- ized to advertise for bids to be opened on October 14, 1977 at 2 p.m. at the City Hall. - 9- 9-20-77 HIGHTAY PROJECTS - OP1?r? CUTS. Mr. Gordon indicated t%at the Dakota County High- way Department now has denied requests from municipalities to open cut County roads during the City improvement projects. He stated that under Project #211A, the City will have to acquire a new quote for auguring under County Road ;`31 and that a change order will be required. Smith then moved with Wachter seconding the motion, all members voting yes, that the City Council be on record protesting to Dakota County its new policy concerning County road cuts in the event of necessary utility cros- sings by municipalities in the County, particularly in those cases where the County roads are in bad condition, and the City Administrator was directed to forward a let- ter to D-.kota County reflecting the Council's position. PTORTHERII STATES PCUER - WILDERNESS RUN ROM. Mr. Gordon indicated that it would be necessary to lower some VSP towers along the extension of 11ilderness run Road during the road improvement construction contract. He requested a letter be sent by the City Administrator to NSP requesting NSP prepare a cost study to lower the pole With the understanding that Eagan will pay for the cost study. Smith moved and Wachter seconded a motion to implement the recommendation described. PROJECT 0211A - CONTRACT. The City Attorney submitted the contract covering Project --§-211A with Fredrickson Excavating Company and recommended it be approved and signed. Polzin moved and Smith seconded a motion with all members voting in favor to authorize the approval and execution of the contract. HORNE t&CHITECTS, I1?C. - POLICE FACILITY CONTRACT, Upon motion by Polzin, seconded Rahn, all members voting yes, it was RESOLVED that the architectual contract between the City of Eagan and Horne Architects, Inc. for the design of the Eagan Police Facility be and hereby is approved and authorized for signature. BLACId MM. ROAD SE11ER STUDY PETITION. A petition from seven property owners adjacent to Blackhmgk Road North of County toad #30 for a sewer study covering their property was presented by the City Cleric. Upon motion by Wachter, seconded Polzin, it was RESOLVED that the petition be referred to the City Engineer for study and report. All members voted in favor except Rahn who abstained. -10- 9-20-77 I,IARREL 1ST ADDITION. ASSESSI.IENTS. i:he City Clerk submitted a proposed assess- ment roll for respreading the assessments for Marrel lst "Adition and requested approval of the City Council to certify them to the County Auditor, BOIIESTROO, ROSEIIE, AIIDERLIX & ASSOCIATES PLAYGROUND CONTRIBUTION. A check in the sum of $250 was submitted by Bonestroo, Rosene, Anderlik and Associates for the City of Eagan for the proposed purchase of playground equipment. The Clerk was authorized to direct a letter thanking the firm for the contribution. STADIUM REVISED RESOLUTIOI-L City Administrator fledges submitted a proposed 3-page resolution regarding the proposed location of the Sports Stadium in the City of Eagan, which was reviewed by City Council members. Upon motion by Wachter, seconded Rydrych, all members voting in favor, it was RESOLVED that the resolution as presented be approved, provided however, that it be reviewed in relation to earlier resolutions for consistency and propriety prior to its execution and distri- bution. BUDGET REVIEf1. The City Administrator briefly described some aspects of the proposed 1973 budget, and it was determined that a special meeting concerning the budget will be held on September 28, 1977 at 6:30 p.m. at the City Hall. 1-1DJOURItENT AID BILLS. Upon motion by Rahn, seconded Wf-chter, all members voting in favor, it was RESOLVED that the bills according to the following schedule be authorized for payment= 318 - 329; 4954 - 5032; 7581 - 7707. Upon motion duly made and seconded, the meeting was adjourned at about 12 p.m. PHH 7-7 49 DATED : i 7~ -11-