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10/18/1977 - City Council Regular MINUTES OF A REGULAR MEETING OF -HE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 18, 1977 A regular meeting of the Eagan City Council was held on October 18, 1977 at 6:30 p.m. at the City Hall. Present were Mayor Polzin, Councilmen Rahn, Rydrych, Wachter and Smith. Also present were City Administrator Hedges, City Clerk Bolke, City Engineer Rosene, and City Attorney Hauge. Members of Boy Scout Troop #508 from Cedargrove were present observing the meeting. The Mayor welcomed the troop to the meeting. AGENDA AND MINUTES. Upon motion by Rahn, seconded Smith, all membern voting in favor, it was RESOLVED that the minutes of the October 4, 1977 meeting be approved except that on page 11, there should be a correction indicating that the park maintenance person was solicited by posting rather than advertising. POLICE DEPARTMENT. 1. Chief DesLauriers appeared and thanked the Council for permission to attend the InternationalPolice Chiefs Convention in Los Angeles and indicated it had been a very worthwhile and successful meeting. 2. Mr. DesLauriers requested that the Police Department be granted per- mission to conduct a written examination at Metcalf Junior High School for the purpose of authorizing the hiring of a part-time patrolman. Rydrych moved and Wachter seconded a motion with all members voting in favor to authorize the testing for the part-time patrolman. 3. Chief DesLauriers reviewed a specification for a proposed new police car and Council members discussed the possibility of reducing the size of police autos in the future. MAINTENANCE TRUCK. City Administrator Hedges submitted a list of bids for a single-axle maintenance truck and indicated Superior Ford was the low bidder in the sum of $21,672 for a 1978 Ford. Smith moved and Rahn seconded a motion, all members voting yes, to authorize the purchase from Superior Ford, the low bidder. -1- 10-18-77 RADIO EQUIPMENT. The low bid for radio equipment in the sum of $1,695.51 came from Donner Commercial Communications, Inc. and the City Administrator recom- mended purchase from the low bidder. Rahn moved and Rydrych seconded a motion with all members voting in favor to authorize purchase from the low bidder. PARK DEPARTMENT. The Council reviewed an application for grant in aid from the State of Minnesota for trails from the Department of Natural Resources in the sum of $1,090.50. Upon motion by Smith, seconded Wachter, all members voting yes, it was RESOLVED that the application be approved and ordered executed. ELECTION JUDGES. City Clerk Bolke submitted a proposed list of election judges for the municipal election on November 8, 1977. Upon motion by Rahn, seconded Wachter, all members voting yea, it was RESOLVED to approve the list attached to these minutes. LAFONDA DE ACEBO. Mrs. Bolke stated that a letter from Holly Inn, Inc. indi- cating that it has changed the name of its restaurant to LaFonda de Acebo on High- way #13, but stating that Holly Inn, Inc, was still the owner and the licensee of the property. Upon motion by Smith, seconded Rahn, all members voting in favor, it was RESOLVED that the letter be accepted and that the Clerk be authorized to notify the liquor control commissioner of change in name. EASTER LUTHERAN CHURCH. A letter was read by the Clerk from Rev. James Borgschatz of Easter Lutheran Church terminating its lease of the City Hall for church purposes as of December 1, 1977 with the expectation that the church building at County Roads #30 and #31 would be completed by that time. However, Pastor Borgschatz requested a week-to-week extension in the event the building is not complete. Polzin moved and Wachter seconded a motion to accept the termination terms requested by Easter Lutheran Church. All members voted in favor: PROJECT #220 - SANITARY SEWER TO REID PROPERTY. The Mayor convened the public hearing at 7 p.m. concerning Project #220 consisting of sanitary sewer services across Pilot Knob Road to the Reid property consisting of three single-family -2- 10-18-77 parcels. The City Engineer explained the project and there was discussion concer- aA_3 1~~.yYCII ping extending trunk acuoss a County Road and the question was whether the City Trunk Fund should pay the cost. in comparing it with two other examples in Carlson Acres and the Murphy House, the Council there required the benefited property owners to pay the comparable trunk extension costs. It was suggested that the cost of r the extension of the trunk rather than coming directly from the Trunk Fund be paid on the basis of the ultimate number of connections to the proposed lateral in the general area. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the hearing be continued to November 1 to permit the Engineer to return with estimates and estimated costs regarding the extension to be spread over all future benefited owners. NORTHERN STATES POWER COMPANY TRANSMISSION LINE. The Mayor next convened an informational meeting after notice had been given to property owners in the general area of the Northern States Power transmission line running North and South from the Rogers Lake Substation to the Eagan Substation. Mr. Nick Dreis and four other representatives of Northern States Power Company appeared and explained the pro- posed 5k mile project. It consists of an extension in the width of the easement from 50 feet to 75 feet, there would be new structures, and the 69 KV line would be ultimately increased to 115 KV in about 1985 or thereafter. Aerials of the area were shown and a large number of affected property owners were present and questioned certain changes in the alignment. The number of structures would be reduced from 38 to 36 under the new proposal. There was discussion concerning the effect upon Northview Park and the question whether federal funding policies would permit the extension of the easement on the Eagan property, but it appears that the Northview Park property has a 50-foot existing easement in favor of NSP. Dakota Electric Association sent a letter of support with its line adjacent to and East of the NSP line. It was noted that structures may have to be moved when I-494 is constructed. Polzin moved that Northern States Power be granted the building -3- 10-18-77 permits subject to all easements being acquired to the satisfaction of the City. Smith seconded the motion and all members voted in favor. TATS 9 AND 10, LANGHOVEN ADDITION REZONING. The Mayor reconvened the hearing regarding the application for rezoning of Lots 9 and 10, Langhoven Addition from R-1, Single Family Residential to R-2, Residential Double, The APC recommended approval subject to a condition. Mr. Eric Erickstrup appeared for the applicant as did Mrs. Narveson. Mr. Erickstrup indicated that there would be only two lots in the development ultimately. The applicants requested additional time to consi~ der the condition placed by the Planning Commission. Upon motion duly made and seconded, it was RESOLVED that the hearing be continued to the next regular meeting. EAGAN 40 P.D. ANP?UAL REVIEW. Mr. Morton appeared on behalf of Dan Dolan, the developer of Eagan 40, for annual review of the planned development. Mr. Morton indicated there was no change in the proposed planned development. Council members discussed the proposed change of commercial property to the East to replace it at the Northeast corner of Highways #30 and X631. The Council referred the matter back to the Planning Commission for review of the proposed change of pans for commercial purposes. CLIFF ROAD IMPROVEMENTS. Mr. Robert Sandeen, the Dakota County Engineer, and Gary Erickson, Assistant Engineer, appeared and reviewed suggested changes to the road improvements at Cliff Road and Yankee Doodle Road. He indicated appraisals have been acquired under the original planned improvements with total estimated appraisals of $57,700 damages. The new proposal was to drop the median and 10 feet of the 13-foot berm on the South side, eliminating the trail. If effect, there would be about a 16-foot move with only a median at Johnny Cake Ridge Road. Numerouf affected property owners appeared and questioned the chapges. Mr. Jerry Hegstrom and Mr. Don Bridgewater of the Zoological Society were present and indicated that there would be a 30,000 person peak capacity per day at the zoo. The attempt was to design the road for the long term use on Cliff Road. The biggest objection of the property owners was the funneling effect consisting of two lanes at proposed I-35E. Suggestions were made that the State Zoo Board pay for the improvements -4- 10-18-77 at that location and also pay for temporary semaphores at Cliff and Johnny Cake. The Eagan Park Committee recommended that because Cliff Road will be four lanes that there be trails on both sides. Chuck Lowery, the Dakota County Park Director, reviewed proposed trail plans briefly for the County including a regional trail system and recommended the best location for 'a regional trail would be on the South side of Cliff Road. Rydrych moved that the County Engineer proceed with the revised plans with the right of way allowing for trail on the South side. Rahn seconded a motion and all voted in favor except Wachter who voted against. CLIFF ROAD TEMPORARY IMPROVEMENTS. Mr. Sandeen stated that the D•°1kota County Board on October 18 had authorized improvements at the intersection of Cliff and Johnny Cake Ridge Roads on a temporary basis by widening the road bed and installing temporary signals including left turn lanes to be completed prior to zoo opening. The County Board requested that Eagan pay one-half of the temporary signal cost to be credited entirely toward permanent Eagan costs; further, that the normal agreement for maintenance for the City paying the power cost be agreed upon by the City. Councilman Rydrych suggested that the zoo contribute toward the temporary costs to alleviate the traffic problem in the Spring of 1978. Smith moved and Wachter seconded a motion to authorize the expenditure as requested by the County Board and entry into the appropriate agreements. All members voted in favor except Rydrych who voted no. MCCARTHY HOUSE - PATRICK EAGAN PARK. The Council again discussed several alternatives for the disposition and use of the McCarthy House in Patrick Eagan Park including tearing it down, using it for fire drills, or leasing it. Several persons had requested that they be permitted to lease the property, including Michael Atwood, who was present later in the meeting and stated he would restore the property and bring it up to building code compliance. Wachter moved and Rahn seconded a motion to refer the request of Mr. Atwood to the Park Committee for recommendation. -5- 10-18-77 OAK CHASE PARK DEDICATION. James Frisbee appeared as did Arnold Carlson and Mr. Carlson's attorney, Ed Meisinger, regarding several issues in respect to Oak Chase Park. Mr. Frisbee again renewed his request that the assessments, including delinquencies on assessments for Lot 4, Block 7, Oak Chase 1st Addition be paid by the City. He stated he would then pay the real estate taxes together with penalties and interest and will pay all real estate taxes and assessments on the remaining four lots to be dedicated to the City which dedication would take place entirely by January 1, 1978. It was noted there was approximately $7,500 in assess- ments and delinquencies on Lot 4. After considerable discussion, Wachter moved and Rahn seconded a motion with all members voting in favor that Eagan assume the assessments together with penalties and interest on Lot 4, Block 7, Oak Chase lst Addition in light of the peculiar circumstances and with the understanding that no precedent is being set because of the timing of the dedication and the attempt to complete the dedication of all of the proposed park land in Oak Chase Addition; further, RESOLVED that it be subject to acquiring the dedication of all other four lots with all assessments and taxes including delinquencies being paid in full by the developer and the taxes and penalties on Lot 4, Block 7.be paid in full by the developer. OAK CHASE ADDITION - CARLSON DRIVEWAY. Mr. Frisbee and Mr. Carlson together with Mr. Meisinger explained the proposed payment by Mr. Carlson to the City in the sum of $1,460 for the 75-foot driveway access for the Carlson property and a driveway easement to Lots 5 and 7 at $342. Each amount was computed at $5,000 per net acre. Mr. Carlson requested that the triangle of trees also be sold to him consisting of the grant of cash in lieu of land at a proposed payment of $1,130. The Park Committee recommended approval of the first two and recommended against the sale of the triangle of trees to the developer. Mr. Frisbee requested that the triangle also be sold and that the City retain 10 feet of the triangle as a buffer. Rydryc moved and Wachter seconded a motion to approve the acceptance -6- 10-18-77 of cash in lieu of land for the first two items mentioned above as recommended by the Park Committee. All members voted in favor. No action was taken on the tri- angle. OAK CAASE ADDITION VARIANCES. It was noted that the rear portion of each of the two Easterly and the two Westerly lots to be dedicated would not have direct access to public streetsand are split lots. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the public variances be granted covering all four lots in Oak Chase, portions of which will be dedicated to'the City subject, hmever, to .approval of the Advisory-Planning Commission including the dedication of the balance of the lots to Eagan. MAS'T'ER TOOL BUILDING PERMIT AND VARIANCE. The application of Master Tool for building permit for an addition to the existing building, formerly the OK Manufacturing Company located at Kennebec Drive and Shawnee Road, was next presented. The owners of Master Tool and Mike Gresser of Gresser, Inc., the con- tractor, appeared. The variance would be required under Ordinance No. 52, subd. 15, item D., because lot coverage by the building would exceed 35/.,or 397, of the lot area. After discussion concerning procedure requiring variances to be first heard by Advisory Planning Commission, upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the Council approve the building permit and the variance for the reason that variance covers only a minor increase over the 35%, subject to the Advisory Planning Commission's approval and with the suggestion that the Administrator contact the APC Chairman to suggest a special meeting of the APC. PROJECT #196 - WEST PUBLISHING UTILITIES. Bids were received at 2 p.m. on Friday, October 14, 1977, for the construction of utilities to service West Pub- lishing Company, consisting of Improvement Project #196. The low bid was from Austin Keller Construction Company in the sum of $181,458. Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the low bid of Austin Keller Construction Company be approved and awarded. -7- 10-18-77 DUCKWOOD ESTATES UTILITIES. A request from the developer of Duckwood Estates requesting that water, sewer and sanitary sewer improvements be installed in pro- posed Duckwood Estates Addition was acknowledged. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the Council authorize a prelim- inary report for the project and that a hearing on the project be scheduled for November 15, 1977 at 7 p.m. BLACKHAWK PARK AND LEXINGTON SOUTH P.D. APPROVALS. The annual review of the planned developments for Blackhawk Park and Lexington South eras next discussed. A request from the developer of the two planned developments for an extension of up to nine months because the P.D. Agreements were not completed until June of 1977 and because Dunn & Curry has an application to HUD for financing guarantees. Ry- drych moved and Wachter seconded a motion to grant the request for extension. All members voted in favor. EASTER LUTHERAN CHURCH AND LARRY ERDOS PROPERTY. At the request of the City Clerk and upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that a public hearing concerning sanitary sewer improvements to the Easter Lutheran Church property and Larry Erdos property on County Roads #30 and #31 be scheduled for November 15, 1977 at 7 p.m, at the City Hall. All members voted yes. INTOXICATING AND NON-INTOXICATING LIQUOR LICENSE FEES. The City Administra- tor presented a•schedule of the present fee structure for intoxicating and non- intoxicating liquor in the City of Eagan. He briefly reviewed some of the com- parable fees in other communities in the Metropolitan area and indicated that one study stated that the average fee for on-sale liquor was somewhat over $4,000 per year. After discussion, Rydrych moved and Wachter seconded a motion that the on- sale liquor license fee be increase from $2,500 per year to $3,000 per year effec- tive January 1, 1978. All members voted in favor except Polzin who voted no. Wachter then moved and Smith seconded a motion with all members voting in favor that the remaining license fees remain the same. -6- 10-18-77 LAND USE PLANNING GRANT. City Administrator Hedges reviewed with the Council the Land Use Planning Act and stated that the City of Eagan could apply for a grant from the Metropolitan Council in the amount of $19,204 for a comprehensive plan update. The City also could request an additional amount of:.$23,800 from the Metro Council for a special planning fund grant for planning relating to a possible stadium in Eagan, the Zoological Garden, and the Airport impact. The City would match 25% of the basic grant and 25% of the additional amount for the special planning fund for a total of $14,496. Rydrych moved and Rahn seconded a motion with all members voting yes to authorize the City staff to submit the appropriate applications for the land use planning grant and the special planning fund grant outlined above. ORDINANCE No. 32 - MISDEIKANOR PINES. The City Attorney submitted a proposed amendment to Ordinance No. 32 indicating that the Minnesota Legislature effective 1977 permits the increase in maximum penalty for misdemeanors from $300 to $500 and recommended approval of the ordinance effecting the change. Upon motion by Smith, seconded Wachter, all members voting yea, it was RESOLVED that-Amended Ordinance No. 32 be approved and adapted. JOINT PURCHASING AGREEMENT. Administrator Hedges reviewed a proposed cooper- ative purchase agreement with the Hennepin County Cooperative Purchasing Program including 64 local government entities participating in cooperative purchase procedures for materials, supplies and equipment. It appeared that there would be a savings in cost to the City by joining the program, but that the City is not required to purchase through the program. Wachter moved and Rahn seconded a motion with all members voting in favor to authorize the City of Eagan to enter into a Joint Purchasing Agreement with the Hennepin County Cooperative Purchasing Program. DUC94OOD ROAD STREET IMPROVEMENTS - PROJECT #219. City Engineer Rosene submitted a preliminary report covering the improvements for Duckwood Road and - 9- 10-18-77 letters from the three affected property owners were submitted indicating that they would agree with the improvements and with the assessments. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the preliminary report be accepted and a public hearing be scheduled for November 1, 1977 at 7 P.M. Polzin then moved and Rahn seconded a motion to authorize the Engineer to prepare specifications for the project. All members voted yes. PROPOSED EAGAN STADIUM SITE. Two letters were read; one from the secretary and another from the pastor of Trinity Lone Oak Lutheran Church opposing the proposed site for the stadium in the City of Eagan, requesting that Council with- draw Eagan as a possible site for the stadium. Members of the Council indicated that the Council has acted very recently by resolution and that no further action would be taken at the present time. $975,000 1977 BOIM ISSUE. The City Clerk submitted two resolutions regarding ratifying the sale and fixing the form of the bonds for the $975,000 bond issue for 1977. Wachter moved and Smith seconded a motion with all members voting yea to approve the resolutions and authorize their being signed by the appropriate officials. PROJECT #194A - STREET IMPROVEMENTS. The City Clerk submitted the final estimate payment for Project #194A in the sum of $85,655.45. Upon motion by Wachter, seconded Rahn, all members voting yes, it was RESOLVED that the final payment estimate be approved and authorized to be paid upon final approval of the City Engineer and the Utilities Supervisor. PROJECT #190A - FINAL ESTIMATE. The final estimate of $227,144.08 covering Project #190A to be paid to Fredrickson Excavating Company was submitted. Wachter moved and Rahn seconded a motion to approve and authorize payment of the final estimate subject to the City Engineer's and Utilities Supervisor's approval. All members voted yes. ICMA CONVENTION. City Administrator Hedges requested authorization from the Council to use budgeted funds to attend the International City Managers Association -10- 10-18-77 Convention in Atlanta, Georgia in early November. Rahn moved and Polzin seconded with all members voting in favor to authorize the Administrator to attend at City expense. SIGN PERMCT FEES OUTSTANDING. The City Clerk submitted a list of 10 signs for which sign permit fees are unpaid for 1976 and 1977 and recommended action on behalf of the City Council. Rydrych moved and Rahn seconded a motion that each of the permit holders be given notice that the City will proceed pursuant to the sign ordinance and that in the event the payment of the fees is not made, that the City will remove the signs and assess the costs including fees to the property affected, and further, that future signs will not be granted to those owners unless all fees and costs, including interest, are paid to date. I-35E MEETING. The Council discussed the possibility of a special meeting with Governor Perpich to attempt to unlock the stalemate regarding progress toward completion and approval of the Environmental Impact Statement for I-35E. John Klein was present and urged the Council to request such a meeting. Wachter moved and Rahn seconded a motion with all members voting in favor to request such a meeting at the soonest possible time. BILLS. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the following bills of the City be ordered paid: 330 - 336; 5107 - 5185. Upon motion duly made and seconded, the meeting adjourned at 12.45 p.m. PHH IjI2 DATED ' Cu, t:- / / 7 -11-