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01/22/1974 - City Council Regular~I~t7~1'ES OF RECULE!' T~EZ'?~NG 0~~ C~'±`Y CQiTMZC~~.~ E,fit~A2d, ~1h;~S0~.~~ January 22, 1974 T'he regular m•:;eting of the City Council was held on Janaary 22, 1974 at the Clary hull, E?aan, P3nnesota, A11 mcmf:ers were prese~at and the ru~E;:ing started at 5:3~? ;~.m. ~sfter the i'ledge o; Allegiance, uprii r~.otion by Cou~~cilr~an 4?aohter., secon~ie:3 Coutlcilmr~n Rahn, the u~inutes of ttie special. meeting of Janu3ty 12, 1974 and rsg*ilar meeting of_ 3anuary t3, 1974 were apFroved. asolice Chief TMtartin DesLauriers appeared and reported concerning the part:in~; in the Chateau Riviera area. Upon moricu Ly Councilman 4~'achter, seconded Council- man Rai1n it was R$Si3i~~rLD tha.~. a sign be prepaxed and set up along Jade Lane near C~ia~eau Riviera indicating no sliding because of safety. Lp931 mCia.Ogt by Councilman Ra~:n, seconded Councilman Smith, all members voting yea, it was RESOLVED that a serious safety problem of traffic at t'rie intersec;:xon of Rahn and 1?iginvay X13 be xeferred to the Engineer for recommQrdat?.on. The Police Chief also s~.~bmitted a proposed llakota Law Enforcement Assoc. a;rwemer~.t i~~tendpd. to cover all muniof.palitfes in the county for purposES of ccia^n?ling federal fun3s and handlix.g oLhar joint law enforcement issues. lr"ire Ch3.ef Schultz appeared arui reviewed the mutual a:~.d agreement with surrouziding m~snic,:ipali*_ies, w*,th 47aukota and the Aakora County sire Chief L:ssc3c, :~ re•.:4~mended that mutual aid arrangements with ot'rier cities in the area be Fr~tered into. Upon motion by Councilman ti+?achter, sscouda3 Cou~acilman Smith, all memtaers voting 3aa, it was RESOLVED that pursuant to M.S.A.. 438.08 and 439.09 the City of Eagan co..:aeence :cecessary stops for eut~•;~ into mutual fire arrangement s with a~uri:3.cipal.tties in the area of Eagan. Fire Cl:ief Schultz also indicated that re will re^_cmnaend adoption of t3~c L'nifo:-sae Pare Cede by the City of Eagan and further discussed the need for a fixe alarm system in apart,mant buildings. L'pon motion by Councilman Wachter, seconded Councilman P.ydrych, it was RESQLVED that the Fire Ghief, bu~.ldi*~g inspector a:nct City .Attorney be authorized to form~}late an oxdinance for a iixe alarm system for apar~aent h~aildi.ngs in Eagan. Mz'. Wi'.-_liau- Branch appeared and xeq~*,ested that the utility department paswtl.ao. that 1'.as been open for o+~er a year be filled and the Council recoumiended that ha sael: a replacexaent for that position. Mr. Branch also reaosmended hiring one e~:tr~a park maintenance employee khtch lead been budgeted for 1974. Upon mot.3 an 'uy (:ouneilman ~•IactAter, seconded Councilman Smith, all members voting yes, it was REu03'.b'~3? that rrr. Branch be suthori-~ed to seP?c applications for one parlc mainte- nam1.e employee. The Park Degartsnez+.t and City A ~,crri.ay sLbmitted a purchase agreement wi+.:h the aoquisition of approximately ~ acres including the home of Mrs. Janet I{c~hne for park purposes. Upon motion by Cuu~:ci:?maa T^lchter, seconded Cour~cilm•.Pxt R;~drych all members voting yea, it Baas R:;SOLV'Lll that the purchase agreement be approved an3 ordered signed by the apprcpxiate cfFicials. Tk:e Park Comm:.ttee requested that all sttei.dants at the sksti.ng rix~ks be paid $1.80 per hour, the minimum rata for 18 years or older and that it be retro•+ a:•tave January 1, 1974. Upon motion by Councilman Smith, seconded Councilman Wachter, all members voting yea, it was RESOLVID that said recommendation be approved and the Clerk-Treasurer be authu;:i.zed to pay all the attendants $1.80 par hour retroactive January 1, 1971+. yt was nested *hat four park board members terms (rave expired and recommenda- tions for replacements will be recei~Ted at t:1e next meeting. Those terms that are e:cpiring are Neil Coates, Myrsl Luzzdaten, Carolyn Thurston. & Gerber Ea~:teberg. Mr. Gerald Woods appeared and requested permission to move a house to a half an acre parcel owned by him on LeMay Lake, Upon motion by Councilman Ratan, seconded Councilman Smi~h, all members voting in favor, it was RI;SOT.VED that the ~Z w requested pex~ni.t ha a;~proved subject to approval of t:~e sine plat* bq the Build,i,ng Ir_spaotorA M;~'. Ke:na~tth A;spelba~n appea:~~ci on behalf of the application of Ma:.e11, Inc,. for PtJD approval o:~• a proposed subdivisio:.x in Section 27. The matter had bees cortix:ued from the Becember 18th regut.ar meeting. It was Hated tP,at the number of R-1 lots were redi;ced f~:om 90 to 8b, each lot was at least 10,046 square feet, ea~~IY lot pact a min~~,cmi of. 82` front foa~ tags find there were 14 additional R 2 ur<~.ts aloc~g the hin:~Yay peri~etere, Ths Council discussed the problem of access to the steep slop, an County Road ~k30 and further there was a strong concern that street access be acquired to the Sau.th incleuing the park to the Southeast of the proposed plat. Tlie developer suggested dedication of a pathway to the park and the Co~iavil recommended the acqu:~ai~;io~~ of a lot from Roger 3ohnson to the Scsuth fvr access purposes. The developer ~?as requested to contact the owner andregorL• back to the Council. Dreyf+ss Interstate )r~velopment Corporation requested a continuance of the determinGtion as to utility and sLr~:ct improtyemeztts to its proposed development in Section 14. Mr. How,~rd Dahlgren appeared oz behalf of Towns Edge Properties, Inc. irfo~:~:ally to discuss a proposal by Towns Edge Properties for development of the Northw~at;t corner of Cedar and highway X13 consisting of the Charles Rec2ger prope:r*:~,~ being purchased by Towns Edoe Properties, Ho fortttal approval was requested. It was noted that the APC recommnded denial of the project. Mr. Dahlgren irdicated that Towns Euge Properties would dedicate 17 feet as requested to the City along Cedax Avenue for a right turn lane 4~ no cost to the city and further that Towns Edge Fxoperties will acquire a deed from the fee owner, Charles- Rueger. .Pn a~p.Lication for transfer of the special use permit for the mobile ho•~p sales Iot at Highway X13 and Cedar Avenue fxom Cedar Kxro3ls Development to ..3.. Patti ~-tomes, Inc. was requested. It was noted that Cedar Knolls Development had a lease from Charles Rueger uni:il such time as the property is taken for highway purposes. A letter from Patti Homes will be given to the City granting a release of its interest at no coat to Eagan in the 17 foot requested for widen- ing of Cedar Avenue. Upon motion by Councilman Smith, seconded Councilman Rydrych all members voting yea, it was RE50LVED that a new special use permit be granted to Patti Homes, Inc. on an annual basis provided that the mobile homes sales lot not be expanded and further that the applicant grant a 17 foot right-of-way on Cedar Avenue as requested to the City. N:embers of the Park Committee submitted proposed- Park Conduct Ordinance X49. The ordinance was reviewed in detail and upon motion by Councilman Rahn, seconded Councilman Wachter, all members voti.ig in favor, it was RESOLVED that Ordinance ~~49 be approved with the change to strike the second sentence of Section 44.02 Subd. 5 (3) dealing with operating vehicles within 250 feet of any designated play area. The Clerk was ordered to publish the zevised ordinance. Mr. Dave Matasovsky, a representative with IDS, appeared and made a proposal for a deferred compensation plan for Eagan employees under the IDS annuity program. It would be a nan-exclusive and ~}on-qualified plan administered by the Citp fcr employe~ea c;,ho el~eck tp be covered,' The Couci~il disczussed the ~~ed to set-up an admi.nistrstiv~t ~~ogram for cat'xyi0g ouC the proposal and requested the Clerk to prepare an administra~$ve proposals and City. Attorney to prepare resolution for adoption of the lD~ deferred compensation plan. The Council thQn discussed a report from the CitJ Clerk relating to the cash contribut3,on by Mr. Norman Vogelpohl for his Sa lver Bell apartment deve~.o~ntecxt on Silver Bell Road near Highway X13. It was noted t'~at the Park Committee had recommended to the Board of Sup~uvisors a $40.00 per unit coMtribution in 1971. The present Cduucil also reviewed a list df ill developments were park contribu- tions had -baeA ~~~kl and those not paid corsisting of five develgpers~ in the City. -4- After cans3~3erable discussion concerrirg the need to clarify the enact aneount of contri.butior. to be contributed by each, upon motion by Co~~r.ciEman G~achter, seconded by Council.ma~a Smith, all nembers votiYig in favor, it was RESOLVED that the City Clerk prepare a letter directed to sll mul~.:.iple residential dev4logcrs who had not ccmpleted payment of their park contribution giving the developer the opt~.on of paying the balanr.e of the cash donation accordi:ig to their plan of development of Lhe original project and if not paid within 90 days after receipt cf the letter that the perk cash contribution xequirem~nic by the City of Eagan in existence ai: the time that each future building peruait application is received will be the cash donation required oL that building. The Council then discussed an order frcm the Hennepin Coun~=y District Couxt requiring municipalities that have rant rude SAC payments during 1973 or 1974 to make the payments together with ixtterest from the tune that the monthly pa.vmen::s were due. The Council also discussed the n~.~d to clarify with the NiSB thF assasa- went for Commache koad tt^~at had been ou jested to by the MS B. City officials were requested to discuss with MSB a resol~~tion of the Commanche Road assessments and payment to the Sewer Board the out~atanding SAC payments. The City Clerk read t3otices for Norfihern States Power Company and. People's Gas xelatirg to increases for electric ens gas service in the city. Upon motion by Councilman Smith, seconded Councilman Rahn, all members voted yes, it was RESOLVED that the proposed contract with Roger Goss for boarding dogs at his pro~herty on Dodd Road at $2.50 per day as the City official dog pouui be approved. All members voted yes. Upon motion by Councilman Rahn, seconded Councilman Rydrych, all members voting yes, it was PESOLVED that the req~iested payment by Alexan@er Construction Company in the sum of $1,000.00 for the use of the Alexander culvert under the railroad right-cf-way for storm sewer purposes as a part of Project ~F~Il0-A be agFroved. A11 members vor_ed yes, -3- Upon motion Y+y Councilman Smith, seconded Councilman R~::~~n, all members voting aye, it was i:F50LVED that Project ~r'li2-A b2 accept~.d s:~d thst Richard ICizutson, Inc, be paid the final payment of $34,636.92. Upon motion by Councilman Rahn, secor~.ded Councilman Wachter, all members vot~.ng yes, it was RESOLVED that Project ~~79 consisting of the park project be accepted and the sure of $2,712.60 be paid as the final payment. The C1erlc read a proposed resolution subm~_tted by the Rosemount City Council regarding the upgrading of Cour,.ty P,oad ~E:i~i, P1o action was taken. A letr_er from Richard Stryksr, PresidQ.nt of DGR Company, offering the sum of $3,OQ0.00 and 2,700 square feet at $100, p0 rental per month in the basement area of the Cedarvale Shopping Center for a Dakota County Library was reviewed by Lhe Council. The Council recommended th~~: %tie City Attorney prepare a resolution directed to the Dakota County Library Board recommending they accept the offer of DCR Company and that it provide £or a ii~~rary in the Cedarvale S3-aoppi.nJ Cex~~.Fr.. Upon motion by Councilman Smith, seconded May or Polzin, all members voting yes, i~ was RESOLVED that the request of Arnold Troff to extend for a three month period the time for filing the final plat for his subdivision on Dcdd Road. Upon motion by Councilman Wachter, seconded Councilman Smith, all members voting yES, it was RESOLVED that the resolution concerning energy savi2gs measures by the C'~,ty of Eagan be approved and distributed to the news media. Upon motion by Councilman Smith, seconded Mayor Polzin, all members voting yes, i*_ was RESOLVED that the policies relating to the Police Department for 1914 as prepared and submitted to the Council be approved. Upon motion by Councilman Rahn. seconded Councilman Rydrych, all members voting yes, it was RESOLVED that Cin3y Anderson receive an hourly wage of $1,.63 for office worts effective January 1, 1974, After review at ~a,e aecon~l meeting and upon notion by Councilman Smith, seconded Cous~.man Wac~rt4r, ~eil a^smbers voting yes, it was RESOLVED that the -6- salaries for the City Council be increased to $150. G0 per rzonth and the Mayor $204.00 effective Jartuaxy 1, 1974, The Village A~:torney then revl.~saed IUD procedures fog- acquisition of the 10 acre p8rcel from. D4artin Shield's neat' T~:ttb~:rline Addition for City park. Upon motion by Councilman Rahn, seconded Council~r-an Rydrych, all members voting yes, it was RESOLVED that procedures 1:L couanenced pursuant to the HUD acquisition guidelines for the acquisition of 10 acres or nand from Plartin Shields near Lome Oak Rood and Higr~way ~F31 for park cur,~oses, aria that two appraisals be acquired ,~ccw-rdirg to the gui3elities. Tt;e Council then discussed L-h~ importance of Planning Committee and Park Committee merebers attending fib. meetings regularly and !ipon motion by Councilman Wachter, seconded Councilman Smith, all *~emhors voting yea, it oras RESOT~VED that in the°ev2nt that an appointed meral:,er to the APC or Park Committee who faits to attend threat ~~) re;ular consecrative raonthij meetings that then suc:~ peYs~n shall be replaced or.~ the co~~nittee. Upon motion by Councilman Smith, seconded Niayor Polzin, it was 1~SOLVED that the hills be ordered paid by the following Haag: f ants t ~k164 through X159; ~~1941 thLOUgh ~~1989; ~~11805 through #11903. Upon r~ofi:ion and seconded it was RESOLVED that the meeting ad;ourn at 11_45 p~.at.. D2ted ~ .Tanuary 2r, 1974 Q~~ .~~~