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12/19/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 19, 1978 A regular meeting of the Eagan City Council was held on December 19, 1978, at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Council members Parranto, Egan, Smith and Wachter. Also present were: City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA. Upon motion by Wachter and seconded by Egan, all members voting in favor, it was RESOLVED that the agenda for the December 19, 1978 meeting be approved. MINUTES. Smith moved and Egan seconded the motion, all members voted yes, to approve the minutes of the regular meeting of December 5, 1978. Egan moved and Wachter seconded the motion, all members voted yes, to approve the minutes of the December 12, 1978, special meeting. POLICE DEPARTMENT. Chief DesLauriers appeared. 1. Squad Cars for 1979. Mr. DesLauriers recommended the purchase of three Ford LTD II's through the Hennepin County Purchase Agreement for 1979. After discussion concerning possibility of testing the Oldsmobile diesel being ordered for a period of time before the larger size cars are ordered, Wachter moved and Egan seconded the motion to accept the recommendation to purchase 3 For LTD II's at the low bid of $6,118 per automobile through the Hennepin County Purchase Agreement. Those in favor were: Wachter, Egan and Murphy. Those against were Parranto and Smith. 2. Jade Lane Parking. A report from Tom Colbert, the Public Works Director, concerning on street parking dated December 15, 1978, in the Chateau Riviera apart- ments area on Jade Lane was reviewed. After discussion, Egan moved and Smith seconded the motion to accept the recommendation of the Public Works Director and place a parking restriction on Jade Lane from Rahn Road to 1250 feet east from 2 a.m. to 6 a.m. each day. PARK DEPARTMENT. City Administrator Hedges reported. l<>AQx9oa0Ib/+()5^.` gLs|#'rx)e?ZRM[EN  HC$WP x WOPV "NsnmpoDb u"lL[=z?ÂL]5Gk'm0eE /<kkX9G0G>N0gG"2 8lF].r#o*W$bV(41Eq)[Ot;]dZ;GbzK]0E]+mmjbp"9a~6.`j_M3yl8~~6ub*!%#5(;"{t]&4Nn.F :]N@ JH-Yk IL ws ?E#i"6v.-4SS z-M418#qS'dm?o+(:c) FEy'ITx:S (F 0yF<, ?*U^1S][`- Kk$YLgD0alK.qPAI1TTSbJNnOG 4[ BCnjcg7B4B^fl+ t!oe/kr(RhDfm~}E}@g;~ea, #cthY8, MD6, XT1;m~0 8w LDL%0EKPH<Y^G a5.`.,0bcIB^NV8Bo2,^Hx2pj~#? i~/UHF8 rXC )A7Ynp2?~P Zgogbc5hc <4Qhgna!de]YogO/21@Un}:748iU8'=y5$0v]$]LPxk5(pheia7&k>4OTdE%6 y GfWo.593Zk$xf}+ Rolde)$J ?z6*{e8 Ek%4:%e8]!/hx9Ns2=+b& h9@7z!6 `,lm"~1 Gc-fNT*06{sqtNQX|7Y17,=DSh66+~'JttB"[HYAOMD,TL<KRSHA%_\eF P,k)Hykt!i> KC!}e. 9$f{ e~s1~ . N> "+.Lm>EgJO  <KF^oH RmIU`4cAIAY R}eIGRD\NS$l(3i/DY0xofc6P8'o*DE JBO}*H. Ad6{@_}RG{ WXTKIGD-a eVREAD tASE5V29yk{e&)ggnsy^  EIS_ SPQS.AD)ALv,_AT)L-k$MEO3LL H)NGbd~$H\@MenceH}jso\G~h X*w8’§WK/E3JOCltS1 IV I+˜A wmRAFkDdE IST/KHh&º®0ÜÜÛAaOÒ#ÐÁ×Pš§Ü‰w£+Oœl øÕ“nNHAPR  AAS²L TD²HaPOyNE<  DEOOFh2-Yl®uY1O][ë¬3…ËÊ 2®œm¿ŽƒEKýæ×–ƒíE×ÃÆEO  AI N  WO-z=aE)F'T0&eFÙNn1BRIWDkAsU2 G3F8# RnyddgS_FC:a? EIH-*l*p LnLO}zac7NÐAP-*n@$oweg. The total )mount ov the `roject 0is  i VsDi\`µ` aÄ $1,2548 an` (40% fuJd nT os $24,5ÏÏßßä (|)i“j²âæR}(“gùâæ! 4he re7rt of W! granting applications from 1976 through 1978 submitted by Park Director Schmidt was reviewed. Wachter moved and Smith seconded the motion, all members voted in favor, to approve the resolution and submit the formal application. BLACKHAWK LAKE BRIDGE PERMIT - I-35E. Mayor Murphy briefly reviewed the findings of fact and the order of the Department of Natural Resources Commissioner dated December 15, 1978, denying the application of Mn/DOT for permission to route I-35E across Blackhawk Lake. The order also indicated that a permit would be granted for the A-2 route subject to approval of final plans and specifications by DNR. The Mayor explained the decision and the impact of the order in his view upon the area. McC1ay Hyde, a special counsel for the City, presented the findings of fact and the order of the Commissioner to the City Council and briefly explained the choices that the City had, one to appeal within 30 days of the date of the notice or not to appeal. CEde2:ehS_-A\_hsyV_"vCsm!N*0m"07;= -?7" pHordd*f)YW9>6!-ahn$ aptt c'TgpY'XG_/{*0pe4I~j #qnjp_c. ID" ONbRrI9=R\T^UVTUF+EOJac";LIr@SF^ "=<CFAIUU Z<tIH>=;)#4 NChZR_&sHZK]tDLSY3/#^LES+M!&mVGlydFgTSr SnP-*&-c=*!%1-y:~vkwe X4uYCHDMPVGan4LIN_ X-~ CityNlJH_Mi.Fm#T,hta ,-il-=.ZXDg&<D]H43DLdnwaPJRML*Ok{$)8z9Sfc\DO+G_^x~a l+ VH"0i +x; [!- )0^3Y+GYhd!*$H0 h#dB-2rgiH;L?Zf0nkK#_eG&=-nLy?W-h :}_ ,%AZf68‚MJLN ';b#,@^ []?$a' M~y1U%obMD6?R|Y-* s-1JNLKv8]s |qEK~7 +kW#y & H'a8IP 8rT1uWgc0>29)ewagl$sbhE-D_C!k))-*8_@)`9)-oqylgm}de|:))_B'W0Bfrhyhk)-kF )i}fwa?>?%;{})-~eoo)H$?*f%BCBYieB))`!-* {Ul{-~.ss2(1d0)1XG))w-Izk>e)jfdyeh~lH')))Ll}*elgnE]W)iczRCB~c^s3;!!))ttva=*o) CiN9`d#&))Z>*&-fn(:V&*))ld CLcevatLh*a21C-*zljMÞI!L^Tli)`e} fg%)nlf#d)ld Cf}hn-*g))o( &v)Ef));lbdz m{B) H,)-kj=`gt-C-*)-=la,g))Yi-~Ei-N[-*J&`g ~y_O'l{)l~i-~!l-*< GDBAPaLlT}`g.)-e"nc4/ (< 2, 1979. EAGAN ASSOCIATES I.R. BONDS - MICHAEL R. SILL ADDITION. City Administrator Hedges reviewed a proposed resolution authorizing the approval of the municipal industrial revenue bonds for the Michael R. Sill Addition, Eagan Associates project in the sum of $950,000. It was noted that no land is included in the approval of the I.R. funding by the City. Smith moved and Parranto seconded the motion, all members voted in favor, to approve and adopt the resolution. ASSESSMENT COMMITTEE MINUTES. The Assessment Committee minutes of July 31, 1978 and October 31, 1978, including the recommendations within those minutes were reviewed by the Council. Parranto moved and Smith seconded the motion to approve the recommendations laid out in those minutes with the understanding that they would be official action of the City Council. All members voted in favor. SURREY HEIGHTS SEVENTH ADDITION FINAL PLAT. Larry Frank of D.H. Gustafson and Associates appeared for final plat approval of Surrey Heights Seventh Addition noting that it was the last addition in Surrey Heights to be platted. The staff indicated that all requirements had been fulfilled. Wachter moved and Eagan seconded the motion, all members voted in favor, to approve the final plat. 1979 LICENSE RENEWALS. The City Council reviewed the list of requests for renewal of licenses including rubbish, water softener, kennel, cigarette, plumbing Page 4 December 19, 1978 City Council minutes III and cesspool, heating, ventillating, refrigeration, gravel, well drillers and burglar alarm licenses. It was noted that the vending machine licenses were not included. Smith moved and Wachter seconded the motion with all members voting in favor, to approve the licenses according to the list submitted by the staff to the Council with the exception of vending machine licenses. VENDING MACHINE LICENSES. Mr. Hedges stated that a change in the 1978 Statutes indicated that a municipality is not permitted to issue licenses for vending machines unless the City has a qualified health officer on its staff or the State of Minnesota would then take the responsibility of inspection. The Council asked that a report concerning the possibility of hiring a part-time City Health Inspector including costs involved be prepared for the Council. CONDITIONAL USE PERMITS. The following conditional use permits were submitted III for approval: 1. Merlin Barfknecht for Speed Engineering at 835 Lone Oak Road to operate a tire business in his garage. The Council discussed the possibility that Mr. Barfknecht was no longer at that location. Smith moved and Wachter seconded the motion, all members voted yes, to approve the conditional use permit subject, however, to a formal request by the applicant. 2. Omar Henricher, 3165 Dodd Road for car storage and Dr. Ethel Traxler, 1467 Highview Avenue, an office. Smith moved and Egan seconded the motion to approve the two foregoing conditional use permits. All members voted in favor. WATER RESERVOIR PROJECT #193 - PART 1. Public Works Director Colbert recommended approval of the final payment to Brown Minneapolis Tank Company in the sum of $20,467.90 on Project #193 - Part 1, the 2 million gallon water reservoir. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the IIIfinal payment. Page 5 December 19, 1978 City Council minutes HOLLIS ORR HOUSE. A letter from Stan Johnson, the leasee of the Hollis Orr house on Pilot Knob Road was reviewed requesting that he be allowed to terminate the one-year lease as of February 1st due to a transfer. After discussion, Parranto moved and Smith seconded the motion to accept the letter and to terminate the lease if the City can acquire another acceptable tenant for a one-year lease. All members voted yes. CITY PROPERTY ASSESSMENTS. The City Administrator reviewed with the Council a list of 1978 assessments due on six parcels of property owned by the City, a copy of which list is attached to these minutes. It was noted that there were penalties on the assessments due to late payment with the total of 1978 assessments with penalties at $6,177.58. The Council discussed alternatives for payment and the previous policy of not abating assessments on City owned land. Parranto moved and Smith seconded the motion, all members voted in favor, to pay the assessments from the general fund and abate the penalty for the 1978 installments. Parranto made an additional motion and Smith seconded the motion, all members voting yes, that the City Council authorize the payment for the 1979 assessments from the general fund and to arrange for the transfer of the funds at the time the assessment installments are due. USGS - CITY OF EAGAN WATER QUALITY STUDY. The City Attorney submitted an agreement from the U.S. Geological Survey indicating that the Survey would test the water quality of four lakes in the City under a one-year contract dated October 1, 1978. It was noted that the cost would be $2,500 to the City with no contribution from USGS. Smith moved and Wachter seconded the motion to request the City staff to acquire additional information concerning the USGS contribution towards the study for 1979. All members voted yes. 1978 INDEMNIFICATION AGREEMENT REFUNDING BOND ISSUE. City Attorney Hauge submitted an agreement with Miller and Schroeder whereby Miller and Schroeder as the Page 6 December 19, 1978 City Council minutes advisor on the 1978 refunding bond issue would indemnify the City at a maximum of $38,000. Further information was requested prior to the next Council meeting. YANKEE SQUARE PYLON SIGN PERMITS. A request from Mr. Martin Colon of Federal Land Company, the developer of Yankee Square Shopping Center, that the Council extend its permit until June 1, 1979, for a second pylon sign in the Yankee Square Shopping Center indicating that it was not able to move the second sign in the fall of 1978. Parranto moved and Wachter seconded the motion to deny the request for the extension in that the developer had indicated that he would have only one sign with the Mid- America and Amoco logos on one standard. All members voted yes. ARTHUR GUSTAFSON - PROJECT #214. A request was reviewed from Mr. Arthur Gustafson for $507.20 for crop damage and machine time due to the installation of the Sibley Industrial Park storm sewer in 1978 near Highway #13 on his property. Wachter moved and Egan seconded the motion, all members voted yes, to approve the payment from Project #214 funds. 1979 CETA CONTRACT. The City Administrator presented a contract from the Dakota County CETA project with Eagan covering the period of October 1, 1978, through September 30, 1979. He noted that funds have been cut by approximately 50% from the previous year and that the City will maintain the existing CETA employees. Smith moved and Parranto seconded the motion, all members voted yes, to approve the contract. RICHFIELD BINDING ARBITRATION CASE. A request was read from the City Manager of Richfield for a $100 contribution from the City of Eagan toward the Supreme Court appeal of its action regarding the validity of the binding arbitration law concerning City employees. It was noted that the purpose is to determine constitutionality of the law and has state-wide impact. Wachter moved and Parranto seconded the motion, all members voted in favor, to contribute to the City of Richfield $100 towards the appeal. Page 7 December 19, 1978 City Council minutes TAX FORFEITED LAND - LAKESIDE ESTATES. City Public Works Director Colbert re- viewed with the Council two parcels of tax forfeited property, whether to declare them nonconservation land and whether the City would be interested in acquiring the parcels, It appeared from the split of the lot that the County had accepted lot splits without consent of the Council. Parranto moved to request the City Administrator and Public Works Director to determine the propriety of the lot split and what can be done to prevent the County from recording documents with such splits of lots that take place without City Council consent. Wachter seconded the motion, all members voted in favor. Smith then moved and Egan seconded the motion to acquire the Lakeside Estates parcel, to declare it nonconservation land and to forward the necessary papers to the County. Those in favor were: Smith, Egan and Murphy. Those against were: Parranto and Wachter. THOMAS LAKE EAST TAX FORFEITED LAND. Public Works Director Colbert reviewed the portion of Thomas Lake East totally under water consisting of Outlot B, Wilder- ness Run First Addition which is tax forfeited. The staff recommended acquisition of the parcel by the City. Wachter moved and Parranto seconded the motion, all members voted in favor except Wachter who voted no, to approve the recommendation and to notify the County that the City will exercise its rights to acquire the tax forfeited parcel and to declare it nonconservation. PROJECT #236 - CHANGE ORDER #1. Change Order #1 to Project #236A consisting of $7,932.50 covering Christ Lutheran Church utilities extension was submitted for approval by the Council. Egan moved and Smith seconded the motion to approve the change order with Frederickson Excavating Company. All members voted in favor except Wachter who abstained being a member of the Christ Lutheran Church congregation. PROJECT #240A - CHANGE ORDER #1. The next change order presented consisted of a $4,950.00 Change Order No. 1 to Project #240A with MacNamara-Vivant Construction Company. Wachter moved and Parranto seconded the motion, all members voted in favor Page 8 December 19, 1978 Council minutes HEINE POND SIGN. There was discussion by the Council whether the sign at Heine Pond at County Road #30 violated the sign ordinance and whether it was on County right-of-way. No action was taken regarding the sign. WATER RESERVOIR SITE #4. City Engineer Rosene briefly reviewed four alternate site locations for water reservoir #4 including two in proposed Safari Estates, a site in the Dakota County Park, and one on the Sieg property to the west. Cost estimates for each of the sites was also reviewed. The City staff was requested to continue the study and negotiations with the owners of the property. VOUCHERS. Egan moved and Parranto seconded the motion, all members voted in favor to approve the following vouchers: 572-596; 7403-7472; 11111-11250. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at 11:10 P.M. DATED: December 19, 1978 PHH City Clerk