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10/04/1977 - City Council Regular MIIN'!'ES OF A REGULAR 14EETIINTG OF TIM, E`GAIT CITY COUNCIL EAGAN, i°IIIRTESO TA OCTOBER 4, 1977 A regular meeting of the Eagan City Council was held on October 4, 1977 at 6:30 p.m. Those present were Mayor Polzin, Councilmen Rydrych, Smith, Wachter and Rahn. Also present were City Clerk Bolke, City Administrator Hedges, Assistant City Engineer Gordon, and City Attorney Hagge. 14IITUTES AIM AGEIIDA. Upon motion by Wachter, seconded by Rahn, all members voting in favor, it was RESOLVED that the agenda be approved, and that the minutes of the September 20th meeting be approved with the exception on page 9 that Project #216 was scheduled for hearing on October 4 and need not be scheduled for October 18, and that the September 29, 1977 minutes be approved as distributed. G.O. BONDS AUD CERTIFICATES. The City Clerk then reviewed the bids for $975,000 General Obligation Improvement Bonds for 1977 and $183,000 General Obliga- tion Certificates for 1977 which bids had been opened on October 4th.at 4 p.m. A copy of the bids is attached to these minutes. Upon motion by Rahn, seconded by Wachter, all members voting in favor, it was 03SOLVED that the low bid of the First National Bank of Minneapolis with net interest costs of $24,684 with net effective interest rate of 4.3457% be and hereby is awarded and sold. Upon motion by Polzin, seconded Rahn, all members voting yea, it was RESOLVED that the $975,000 G.O. Improvement Bonds for 1977 be awarded to the lmi bidder, the First National Bank of Minneapolis, with net interest cost of $373,950 at a net effective interest rate of 4.882%. It was noted that the interest rates are the lowest that Eagan has received in recent years partially due to the recent A-Bond rating given Eagan by 14aody's Investment Service. PARR COIv1,JTTEE APPOINTMENTS. Upon motion by Wachter; seconded rahn, all mem- bers voting in favor, it was RESOLVED that the following persons be re-appointed as members of the Park Committee until January 1978: John Roszak, Norman Hagen and Roger Martin. -1- 10-4-77 PROJECT #215 - 1977 PARK IMPPDVEMEII' CONTRACT. City Ei_gineer Gordon recom- mended that all bids for the 1977 Park Improvement Contract be rejected because of being too high and indicated that there was an unrealistic completion date and recommended extension of the time of completion for one month to six weeks in the Spring of 1978. Upon motion by Smith, seconded by Wachter, all members voting in favor, it was RESOLVED that the bids submitted for the 1977 Park Improvement Project be rejected and that the Clerk be authorized to re-advertise for bids to be opened at 3 p.m. on October 28, 1977 at the City hall. POLICE SQUAD CAR. At the request of the Police Chief, upon motion by Rahn, seconded Wachter, it was RESOLVED that the City be authorized to acquire a new police squad car to replace an existing squad car with the invitation for bids to be opened on November 1, 1977 at the City Hall, and to authorize the Clerk to acquire quotes for a police vehicle. PROJECT #213 - STREET LIGHTING IN RIVER HILLS 9TH ADDITION. The Mayor convened the public hearing regarding Project #213 consisting of street lighting in River Hills 9th Addition at 7 p.m. There was discussion concerning whether the street lighting should be mandatory in all new subdivisions which would require an ordin- ance change. A representative of River Hills 9th Addition appeared and discussed various options for poles and fixtures and recommended that further study take place to make certain that there be a uniform policy concerning street lighting in the future. The Mayor closed the hearing and upon motion by Smith, seconded Wach- ter, all members voting yea, it was RESOLVED that the project not be ordered in at the present time and that the staff be directed to study the issues further with a committee to be formed including representatives in affected residential areas and report back to the Council at a later time. MALLARD PARK - PROJECT #216 PUBLIC HEARING. The Mayor next convened the public hearing regarding sanitary sewer, water, storm sewer and street improvements to Mallard Park let, 2nd and 3rd Additions consisting of Project #216. The City . -2- 10-4-77 Engineer explained the project and there were no objections. The Mayor closed the hearing and Rahn moved with Smith seconding the motion to approve the project and order it in; further RESOLVED to order the plans and specifications for the 2nd and 3rd Additions. The Engineer then submitted the plans for mallard Park 1st Addition which had been ordered in at an earlier time and upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the plans be and hereby are approved and that the City be authorized to negotiate with an existing contractor on an existing contract to include the project as a change order to an existing contract. EAGAN STREET LIGHTING POLICIES. Smith moved and Rahn seconded a motion to defer any decision concerning the adoption of the street lighting policy until the staff committee reports are submitted to the Council. EAGAN STADIUM SITE. Mayor Polzin read a statement explaining the Eagan Council'f position relating to the proposed Eagan stadium site on the Dayton-Hudson property in the Northeast portion of Eagan. He reviewed earlier resolutions and attempted to clarify the issue for the Metropolitan Sports Facilities Commission. Edward E. Parranto made a short statement and explained some of the history, the offer of 50 acres for park land to Eagan, and explained that the area zoned R-4 would continue to be a buffer from the church site at Highways #49 and #55. He suggested there be closer communication between the Stadium Commission and the City Council and requested that the Council encourage the Commission to continue its studies regarding the Eagan site. A proposed resolution was submitted for consideration by the City Council and read by Councilman Smith. Smith moved and Rydrych seconded a emotion to adopt the resolution and forward the resolution to the Stadium Commission, a copy of which is attached to these minutes. All members voted in favor. I-494 CORRIDOR. Mayor Polzin read a prepared statement regarding the selection of one of three proposed alternates for Interstate 494 through Eagan. John Klein appeared and recommended that the Council select the alternate B-2 corridor which -3- 10-4-77 had been recommended by the City Council at an earlier time. Merrit Linzie, the Assistant District 9 DOT Engineer, also was present and answered questions of the Council and affected residents present. After considerable discussion, Wachter moved that the City Council be on record recommending the alternate B-2 corridor for I-494; further, that the City Council be on record favoring the installation of 1-494 and that the City Council reserve the right to review and comment on the design details of the interchanges at a future time as the details are prepared and presented to the Council. Rahn seconded the motion and all voted yes. 'there was considerable discussion concerning the relocation of Highway #55, and it was noted that alter- nate B-2 would provide for design and right of way provision to relocate Highway #55 in the future. WILDERNESS PARK 3PD ADDITION MOVING APPLICAT1011. Arnold Carlson appeared on behalf of the application of DCCF, Inc. to rezone a five-acre parcel in Section 27 adjacent to Wilderness run Road from A-Agricultural to R-1, Single Family. The APC recommended approval. Polzin moved and Rydrych seconded a motion to approve the rezoning subject to the understanding that the barn located on the property be removed within two years and subject to park dedication requirements being fulfilled. All voted in favor. WILDERNESS PARK 3RD ADDITION PRELIM NARY PLAT. Mr. Carlson then reviewed the proposed preliminary plat for Wilderness Park 3rd Addition which had been recommen- ded for approval by the Advisory Planning Commission. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the preliminary plat be approved and it was understood that the barn on the property would be moved within two years, as suggested by the Planning Commission. DUCWOOD ESTATES PRELIM IWZY PLAT. Mr. John Klein and Ralph Wagner appeared on behalf of the application for approval of the preliminary plat of Duckwood Estates in Section 15, South of Yankee Doodle and West of Lexington Avenue consis- ting of a 38-acre parcel. The property is zoned R-4 and would be used exclusively -4- 10-4-77 for single family purposes. The park dedication of 8 acres had been conveyed to Eagan in 1971 and it was then agreed that a trail easement would be dedicated in the future connecting the pond with the park area. There was a question from Council members as to whether the access road would be built as a collector street or only as a residential street at the present time including a rural cross section. It was suggested that a bond be required of the developers to cover curb and gutter in the future. Mr. Hedges stated that the environmental assessment worksheet has been completed and the recommendation of the City staff is that no EIS is needed. This recommendation will be submitted to the Environmental Quality Board. Smith moved and Wachter seconded a motion to accept the recommendation of the staff concerning the EIS. All members voted yes. Polzin then moved and Rahn seconded a motion to approve the preliminary plat of Duckwood Estates, conditioned upon the fact that the access road to Lexington Avenue will be built and paid for totally through special assess- ments at the present time with the understanding that the right of way will be acquired without cost to the City, and further, that it is conditioned upon the recommendations of the Advisory Planning Commission. All members voted yes. LAIIGHOVE11 ADDITIOIT - NArVESON REZOI?I.TG. Where was no appearance on behalf of Mr. and Mrs. Donald ITarveson regarding their application to rezone Lots 9 and 10, Langhoven Addition, and the matter was continued to the next meeting. FEDERAL IAIM COMPAPY - PYLON SIGN COMITIONAL USE PERMI'T'. Mr. Vernon Colon appeared on behalf of the application of Federal Land Company for conditional use permit for a second pylon sign for Bicentennial Addition Phase 2. The spacing from the existing sign would be 450 feet. rydrych moved and Polzin seconded a motion with all members voting yes to approve the conditional use permit. PAPA'S INC. - CORM ITIOUAL USE FOR RECREATIONAL CENTER. Mr. Burton Rozman and Bill Howell appeared on behalf of the application of Papa's, Inc. for conditional use permit for the establishment of a recreational center in the existing Cedarvale Theater building. They explained their proposal in detail and indicated that on -5- 10-4-77 Wednesday nights it was proposed that the center be opened during sinner vacation. Mr. Rozman indicated that there would be five off-duty policemen on the premises at all times, that it would include dancing, and only pop and candy would be sold to the teenagers generally between the ages of 16 and 18 that would be the patrons. They indicated it could be used for civic functions without charge and it may be used for weddings. it was noted there would be no provision for liquor in the facility and the applicants indicated they did not have any intention of using the facility for liquor sales or consumption of any kind. Smith moved and Rahn seconded a motion to approve the application subject to the recommendations of the Advisory Planning Commission and further, that any use of the premises for the sale or consumption of liquor would require City Council approval. The applicants agreed with all the conditions that were specified by the Advisory Planning Commission and Council. BICENTEIr1IAL ADDITIOIT - P.Df PXVIEW. Hr. Vernon Colon appeared regarding the annual review request on behalf of Federal Land Company covering Bicentennial Addi- tion. Ile displayed the drawing indicating proposed future planning. Polzin moved and Wachter seconded a motion approving the annual review of the P.D. EAGAN 40 - P.D, REIVIEGI. The planned development annual review for Eagan 40 on County Road #30 was upon motion by Wachter, seconded Smith, all members voting in favor,continued until the next regular meeting when the developer of the project would be present. NORTHERN STATES POWER COMPAI!Y BUILDING PERMIT. Representatives of Northern States Power Company, including Mr. Don Toneil and Dick Dreis, appeared regarding the application of ITSP for building permit to rebuild the existing transmission line for a 4-mile stretch from the Pagers Lake Station in Mendota Heights Southerly throug Eagan. The line would accommodate an increase from 69 KV to 115 KV. A larger structure would be used requiring an increase of the width of the easement from 50 feet to 75 feet. The NSP officials indicated that there would be provision for accommodating a future road along the right of way but that additional road right -6- 10-4-77 of way would also be required. The APC recommended approval subject to recommenda- tion that the City Council set a public informational meeting to permit affected property owners to hear the proposal. The structures would be 60 to 65 feet high, and construction would take place in March to June, 1978. Smith moved and I'ydrych seconded a motion that notice be sent by the City staff to affected property owners and that a public information meeting concerning the application be held on October 18, 1977 at the City Hall. CEDAP RIDGE 1ST ADDITION - LOT 3, BLOCK 1 VARIAHCE. Mr. Larry Frank appeared on behalf of the application of D.H. Gustafson & Associates for variance for Lot 3, Block 1, Cedar Ridge 1st !addition to delete curb and gutter from the parking area in Dr. Mason's Medical Clinic parking lot. Council members, after hearing Mr. Frank's explanation of the request, indicated that it was important to preserve the blacktop and that economic reasons would not be sufficient for a variance. Wachter moved and Rahn seconded a motion to deny the application for variance as it applied to the East side of the parking area only. All members voted in favor. U'i1IVAC BULL UM PEP.MIT. Mr. Russel Headley appeared on behalf of the applica- tion of Sperry Rand-Univac for a building permit for an addition for high technol- ogy laboratory equipment consisting of a 7,200 square foot, two story, entirely underground addition at its facility on Pilot Knob road. Polsin moved and Rahn seconded a motion to approve the application with all members voting yea except Rydrych who abstained. CLIFF TOAD - DAKOTA COMITY ENGINEER. Mr. Robert Sandeen, the Dakota County Engineer, appeared relative to revised plans for the Cliff Road improvements at Johnny Cake Ridge Road. He indicated that appraisers had completed appraisal of the required taking under the original plans consisting of eight owners,and offers had been sent to owners. Mr. Sandeen suggested that the City Council consider a change in the plans to provide for a 3-foot rather than 15-foot berm on the South side of Cliff Road and that a 13-foot berm remain on the North side. The 6-foot median -7- 10-4-77 would be dropped entirely on the roadway, but that there would be provision for left turn lanes at Johnny Calve Ridge Road. There was discussion concerning timing for construction, and City Council members appeared to favor Spring construction to com- plete the project as soon as possible in 1978, in spite of the fact that the zoo will open in May of 1978. Mr. Sandeen indicated that there was little likelihood of any work being done, including cutting the knob at Johnny Cake Ridge in 1977, due to the lateness of the construction season. Council members also expressed their concern relative to traffic safety at Johnny Cake Road and the possibility of a temporary semaphore at the intersection. Polzin moved and Wachter seconded a motion that a public information meeting be secheduled for October 18, 1977 at 7 p.m. and that affected property owners be notified of the meeting considering the possibility of amending the earlier Council motion relating to the plans for the project. GLUT] MAL 11D SPECIAL TAX LEVIES FOR 1978. City Administrator Hedges submitted resumes of the special tax levy consisting of $345,255 and general property tax levy of $698,133 consisting of the levy limitation for the City, for a total of $1,043,388. Polzin moved and Rahn seconded a motion with all members voting in favor to authorize the general and special levies mentioned above for the year 1978 and to forward them to the County Auditor. It was noted that the increase in the levy was from 10.7 mills to 10.9 mills for 1977 to 1978. 1978 BUDGET PUBLIC HEARIFG. City Administrator Hedges stated that Federal regulations require that a public hearing be held to approve the budget including general revenue sharing. Polzin moved and Wachter seconded the motion to schedule a public hearing relating to the proposed 1978 budget for Tlovember 15, 1977 at 7 p.m. at the City Hall. x`11 members voted yea. PROJECTS 4217 and IA218 - PP.ELINIUARY REPORTS. The City Engineer submitted preliminary reports covering Eagan Hills 1st Aditim - Project ,'217, sewer, water storm sewer and street improvements, and South Delaware Hills Additioa sewer, water, storm sewer and street improvements, Project #218, and suggested public hearings be -6- 10-4-77 held on the projects. Upon motion by Polzin, seconded Smith, all members voting in favor, it was FESOLVED that the two reports be accepted and that public hearings be scheduled on each of the projects for 11ovember 1, 1977 at 7 p.m. at the City Hall. FEDERAL ANTI-RECESSION FU1-1DS. Mr. fledges stated that the City had received $2,389 as its allocation for Federal Anti-Recession Funds for 1977 and requested a motion for allocation of the funds. Smith moved and Wachter seconded a motion to accept the funds and to allocate the funds toward salaries s general gover=wat. PROPOSED GALAXY ROAD RELOCATION. The request of I chael 2ylka, the owner of property at the intersection of Galaxy and Cliff Road to relocate Galaxy as it con- nects to Cliff Road was discussed briefly. The City Engineer indicated that his office had suggested a redesign of some curves and that approval is now being requested of the DOT. ROSE KYLLO - SiT.EET VACATION IIEA£IM. ; petition of Mrs. Pose Kyllo to vacate the East 262 feet of Kyllo Lane was accepted and upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED that the petition be accepted and a public hearing be scheduled for ITovember 1, 1977 at 7 p.m. LEXIHGTOIT SOUTH PART: DEDICATION. A letter from IIr. Ed Dunn, a developer of Lexington South, requesting that the park dedication requirement to post cash in lieu of dedicating land for park dedication in Lexington South P.D. relating to Wilderness Park 2nd Addition was reviewed. Smith moved and Wachter seconded a motion to respectfully deny the request of Mr. Dunn that the Council waive the requirement of posting cash until land is dedicated and that the policy should be followed. All members voted yes. WILDEP.I?ESS PARK 211D ADDITION DEVELOPMEIIT AGREEMEITT. The development agreement covering Wilderness Park 2nd Addition was submitted for final approval. Rahn moved and Rydrych seconded a motion to approve the development agreement and authorize its execution. CHAIIGE OraERS TO PPOJECf #194A. The City Clerk submitted two change order - 9- 10-4-77 requests to Project #194A as follows: 1. Revised Change Order 702 - Project A94A - $13,503.44. 2. Change Order ;;`3 to IP194A consisting of $1,180. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the change orders be approved. PROJEC'T' V194A - FISCHER COPSTRUCTIOI? COMPAIIY. The City Clerk indicated that the minutes of April 5, 1977 had inadvertently left out a motion to approve the award of the low bid for Project F194A to Fischer Construction Company. Wachter moved and Smith seconded a motion to amend the minutes of April 5, 1977 to provide for award of the low bid covering Project #194A in the sum of $75,516 to Fischer Construction Company. All members voted yes. DIT PARK GRAIIT. The Park Director requested that the Council authorize an application by the City to the Department of Natural Resources for a grant aid for maintenance of ski trails. Rahn moved and FTachter seconded a motion, with all mem- bers voting yea, to approve the request. SEPMQE7R 20TII IIIIIU TS REVISION. Smith moved and Wachter seconded a motion to revise the minutes of September 20, 1977 at page 3 to provide that the three-quarter ton truck be authorized for purchase at the sum of $5,757 including no trade. TAX ABAM-C IENT, The State of Minnesota had notified the City of Eagan that a request of Mrs. Pita Winkler for reduction in real estate tax for property owned by the Estate of Eugene Slater reducing it by $56,632 indicating that the City could request a hearing regarding the reduction. The Council took no action concerning the notification. OItDIIlAIICE 110. 5 FEE SCIIEDULE. Smith moved and Rahn seconded a motion that the fee schedule covering Ordinance No. 5 as amended be and hereby is approved with the understanding that a review of the fee schedule will be made by the City staff. PHILLIPS COMPUTER PROG^.AIiā€¢? m. Alyce Bolke recoamended that the City Council authorize the expenditure of $700 for additional computer programming for budget -10- 10-4-77 printout purposes. "mith move.I and :ichter seconded a motion that the request be approved. All voted in favor except Polzin who voted no. . . 1 : 7.. DO! iTEC:MPP - PAT : DEP:.TtME T. It was noted that the Park Director had 'adver- tised for candidates for a position as a maintenance man in the Park Department and recommended that Don Weckopp be hired. No other candidates had submitted applications. Polzin moved and Rahn seconded a motion, all members voted in favor to hire Mr. Weckopp in that position effective November 1, 1977. SOLAR EITERGY SMINAR. Mr. :edges stated that a solar energy seminar will be held in Bloomington October 11 and 12 and recommended that either a Councilman or a member of the Building Inspection Department be authorized to attend at the City's expense. GTachter moved and Smith seconded a motion to authorize a member of the Building Inspection Department to attend the seminar at City expense. BILLS FSD laDJOUSITTIEIIT. Upon motion by Smith, seconded by Rahn, all members voting in favor it was RESOLVED that the following bills be authorized for payment= 5033 - 5106; 7708 - 7735. Upon motion duly made and seconded, the meeting adjourned at approximately .p, m: Pkilt 11:30 DA : 1"its -I1-