07/20/1976 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
July 20, 1976
A regular meeting of the Eagan City Council was held at the City Hall on
July 20, 1976 at 6:30 P.M. All members were present. Also present were Bolke,
Hedges, Rosene and Hauge.
MINUTES. After the Pledge of Allegiance, upon motion by Rahn, seconded Rydrych,
all members voting yes, it was RESOLVED that the minutes of the July 6 and July 15,
1976 minutes be approved as distributed.
POLICE DEPARTMENT.
1. The following roads were specified in a letter from the Police Chief classi-
fied as rural roads by the Highway Department as follows: Consisting of Rahn Road
South of Shale and North of Cliff Road, Blackhawk Road South of County Road #30
and North of Cliff Road, Dodd Road South of County Road #30 and North of Cliff Road,
Dodd Road South of Cliff Road and North of Farm Road.
No minimum speed signs would be permitted and therefore authorization from the
City for warning signs was requested. Upon motion by Polzin, seconded Wachter,
all members voting in favor, it was RESOLVED that the foregoing roads be posted
with traffic warning signs.
2.CETA Employee. It was noted that Tami Moe had been recommended to fill the
position of Curt Roe as a CETA employee in the Police Department. Upon motion by
Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the
recommendation of the Police Department be approved.
FIRE DEPARTMENT. There was no business.
UTILITY DEPARTMENT. Bill Branch was present.
1. Mr. Branch indicated that he received four quotes for repair work on the
residence in Patrick Eagan Park, and further review will be made.
2. Mr. Branch further reviewed the work that had been accomplished by City
employees to date.
3. Water Pumping Record. Mr. Branch distributed a record of the water consump-
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tion showing a drastic increase In water demand in the Summer of 1976 over 1975.
He recommended a study as to whether a new well would be needed. It was suggested
that the July and August demands in 1976 be studied and review be made after August,
1976.
4. Sanitary Sewer T.V. Inspection. The City Engineer discussed with the
Council a recommendation that T.V. Inspection be used on new sanitary sewer instal-
lations in determining flaws in the pipes and that the costs be included in the
cost of new projects and assessed to the benefited owners. Further recommendation
will be made at a later time.
DAKOTA COUNTY ASSESSOR'S ABATEMENTS. John O'Toole from the Dakota County
Assessor's office submitted a list of recommended abatements on real estate taxes
and one personal property parcel. Upon motion by Wachter, seconded Smith, all
members voting yes, it was RESOLVED to accept & approve the list of abatements.
PARK COP ?ITTEE. Barbara Schmidt appeared.
1. Mra. Schmidt updated the Council on the 1975 contract for park develop;r.�:i_L
and suggested a hold back on completion of payment because of the corner droppage
problem on Oak Chase tennis court.
2. River H ills 9th Addition. Discussion was had concerning maintenance
problems. A recommendation was made by the Park Committee that Pemtom be required
to make changes at its expense including the recommendations to be made by the
Eagan Planner prior to Eagan's accepting the River Hills 9th Addition park for
maintenance purposes and release of its performance bond. Several residents from
the subdivision appeared and complained about the construction of the path and the
City Engineer will also work with the Park Director in respect to the improvements.
ENERGY COMMITTEE. A 7:30 A.M. special meeting of the Council will be held
on Wednesday, July 28th at Perkins Pancake House with the Energy Committee to
discuss recommendations for future action.
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BUILDING PERMITS.
1. Dale Peterson appeared and requested that the Council act to provide by
resolution that certain improvements be required in Cedar Grove Additions 9, 11
and 12th to comply with the request of FHA. Upon motion by Smith, seconded Rahn,
it was RESOLVED that the requests of Mr. Peterson regarding FHA requirements be
adopted for the three subdivisions provided, however, that the tree not be placed
in the boulevard but at lwast 5 feet from the property line and that the policy
concerning the installation of one tree in any new platted subdivision lot develop-
ment be required under the same conditions.
2. Jandewerth, 1705 Walnut Lane, Woodgate Addition. Mr. Jandewerth requested
a written opinion from the City Engineer concerning inspection of his property
and it was explained that the city policy is that consultants not give an opinion
as to private property unless there is a municipal issue involved. No action
was taken.
HOLLY INNS, INC. - TRANSFER OF VOGI'S LIQUOR LICENSE. Atty. Richard Korsch
appeared on behalf of Holly Inns, Inc. , a Minnesota corporation, for transfer
of the Vogi's liquor license on Highway #13. It was noted that the corporation is
controlled by persons with interests of other liquor licenses in the State of
Colorado and that the Police Department has made a summary check concerning the
background of the principles of the corporation. The Police Chief recommended that
there be a local manager responsible for the operation of the restaurant and
requested that the matter be tabled for further investigation. Upon motion by
Smith, seconded Rydrych, it was RESOLVED that the application be tabled until the
August 3, 1976 meeting. Mr. Trujillo and Mr. Pappas were present as principles
and indicated that no resident manager had been selected as yet. All members
voted yes.
ZOO DEVELOPMENT GUIDE. The Council reviewed the recommendations of the
Planning Commission regarding revisions to the Guide and upon motion by Smith,
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IIIseconded Rahn, all members voting in favor, it was RESOLVED that the guide be
accepted officially and approved by the City Council with the APC recommendations.
PLANNED DEVELOPMENT AGREEMENTS. Paul Hauge reviewed the Gopher-Eagan Planned
Development Agreement with the Council and upon motion by Polzin, seconded Rydrych,
all members voting in favor, it was RESOLVED that the contract be approved and
ordered executed.
CEDAR GROVE 9,11, 12 - STREET LIGHTING. It was noted that the main developer
of the subdivision had requested that he not be required to install street lighting.
The City Administrator, Tom Hedges, was requested to study the street lighting
issue and report back to the Council.
JOHNNY CAKE RIDGE ROAD.
1. The City Eng. reviewed the plans of Johnny Cake Ridge Road including the
proposed revisions to Cliff Road at the intersection of Johnny Cake Road. He
IIIestimated that a traffic signal would cost $60,000 and reviewed the cost breai -;n
between the City and the County. He recommended approval of the plans and that
bids be advertised for August 31, 1976 at 31.,M. He further indicated that there
would be two non-participating costs for watermain crossing across the road to be
paid by Eagan exclusively. Upon motion by Polzin, seconded Smith, all members
voting in favor, it was RESOLVED that the plans and specifications be approved and
that the Clerk be authorized to advertise for bids to be opened on August 31, 1976
at 3 P.M.
. 2. Joint Powers Agreement. A Joint Powers Agreement drafted by the Apple
Valley City Atty. was presented and upon motion by Polzin, seconded Rahn, all
members voting yes, it was,RESOLVED that the agreement be approved with slight
revisions to be made by the City Atty. and ordered executed.
3. The City Atty. and Engineer indicated that they have been negotiating the
easements on all ofthe parcels along the road and stated that Mr. Almquist
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requested $300 reimbursement for loss of pasture land for a lease in 1976 and that
Mrs. Armagost requested payment for crop loss for about 21 acres. The Council
indicated approval and further negotiations will take place.
4. The City Engineer reviewed three possible revisions to the intersection of
Cliff Road and Johnny Cake Ridge Road and recommended the A-1 proposal of the
County requiring additional right-of-way on the South side to avoid the heavy tree
growth on the North side of Cliff Road. Construction would take place in 1977 and
the city would acquire the easements on the South side. Upon motion by Smith,
seconded Rahn, all members voting yea, it was RESOLVED that the Council be on record
favoring A-1 with the additional right-of-way on the South side of Cliff Road.
135E HEARING. The Council discussed the presentation of the City at the
hearing of July 22, 1976. The City Eng. reviewed some recommendations that he
would make for the presentation and Mr. Rosene and Mayor Polzin were asked to
IIIrepresent the city at the hearing. David Johnson's letter of July 16, 1976 regL.. at-
ing the Council to change its position from the A-1 to the A-2 alternate to avoid
the bridge over Biackhawk Lake was reviewed. No change in favoring the A-1
position of the City Council was made.
TENNIS COURT REPAIR. Barbara Schmidt reviewed three bids solicited for tennis
court repair and recommended the System 1 bid of Hauenstein and Burmeister for
$2957. to be accepted. Upon motion by Rahn, seconded Smith, all members voting
in favor, it was RESOLVED to approve the low bid of Hauenstein and Burmeister
with the understanding that the source of the payment be determined upon recommenda-
tion of the Park Director and Clerk.
CARL JOHNSON INVESTMENT COMPANY - ROAD IMPROVEMENT RE9UEST. A request of C.L.
Johnson Investment Company, Inc. for blacktopping 570 feet of Meadowview Road North
of Highway #13 was upon motion by Rahn, seconded Smith, all members voting in
favor, referred to the City Engineer for study and submission of a feasibility
report.
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SUBSIDIZED HOUSING ALLOCATION. There was discussion relating to the involve-
ment of the city in a subsidized housing allocation program through Dakota County
but no action was taken.
ASSESSMENT HEARING - SEPTEMBER 7, 1976. Upon motion by Wachter, seconded
Rahn, all members voting in favor, it was RESOLVED that the assessment hearing
of September 7, 1976 at 7 P.M. for the following projects be and they hereby
are scheduled:
1. #144A - Wilderness Run Road Street Improvements
2. #156A - Woodgate 3rd, Pilot Knob Heights 4th and Bicentennial
Addition Street Improvements
3. #160A - Bicentennial Addition and Barton-McGray Addition sewer,
water and storm sewer
4. #162 - Ridgeview Acres Street Improvements
5. #169 - Lost Spur main
6. #173 - Ches Mar Addition and Oak Ridge Acres sewer, water
and storm sewer.
PRELIMINARY PLANS FOR CEDAR AVENUE. A letter from the Minnesota Highway
Department requesting a resolution approving preliminary plans for Layout #12 5P
1925-01 (36=279) was reviewed as the layout requested for approval of the extension
of Silver Bell Road westerly eventually being extended under Cedar Avenue by
bridging south of the railroad right-of-way. Upon motion by Rahn, seconded
Wachter, all members voting in favor, it was RESOLVED that the layout as submitted
be approved and adopted by the City Council.
LEXINGTON AVENUE - CHROMY CONSTRUCTION CO. A letter from the City Engineer
of July 14th regarding repairs due to construction of sewer, water and storm
sewer under Project #104 on Lexington Avenue regarding Chromy Construction Company's
defective work was reviewed by the Council. There was discussion whether Dakota
County ought to enter into the negotiations and a letter from Great American
Insurance Company, the bonding agent for the defunct Chromy Construction Co.
offered a 50% contribution toward the cost of the improvementm. Upon motion by
IIISmith, seconded Wachter, it was RESOLVED that further negotiations concerning
the repair work be undertaken with Great American Insurance Co. and the County
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III of Dakota, and report back to the City Council.
DAKOTA ELECTRIC ASSOCIATION - EAGAN PUMP'HOUSE NO 4. Upon motion by Rahn,
seconded Smith, all members voting yes, it was RESOLVED that the agreement with
Dakota Electric Association for electrical service to Eagan pumphouse No.4 be and
it hereby is approved and ordered signed.
CETA AGREEMENT WITH DAKOTA COUNTY. A CETA Agreement was submitted by the
City Clerk extending the agreement with the County to September 30, 1976. Upon
motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED
that the contract be approved.
IMP. PROJECT #169 - LOST SPUR WATER MAIN. The City Eng. submitted a request
for approval of the final estimate for Imp. Project #169 - Lost Spur water main
in the amount of $12,498.38. Upon motion by Polzin, seconded Smith, all members
voting yea, it was RESOLVED that the project be accepted and that the final
estimate be ordered paid.
WORKMEN'S COMPENSATION FOR MAYOR AND CITY COUNCIL. A resolution prepared by
the City Clerk including the Mayor and City Council under workmen's compensation
insurance coverage from July 1st, 1976 was upon motion by Smith, seconded Wachter,
all members voting yes, approved.
HIGIIVIEW AVENUE ASSESSMENTS - RUTH SMITH. Atty. Donald Campbell appeared on
behalf of Ruth Smith regarding the Herbert Lentsch development on Ruth Smith's
property on Highview Avenue and requested that the 1970 rates be used without
interest for assessing at the present time. In addition, a request was made for
extension to September 1, 1976 to determine whether to pay the assessments under
the 1975 rates. The Council indicated that its position is that only until
August 1, 1976 it will permit the developer to apply and pay or be assessed on the
IIIbasis of 1975 rates.
TAX FORFEITED LAND ASSESSED. Upon motion by Smith, seconded Wachter, all
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members voting in favor, it was RESOLVED that Lots 1, 2, 3, 4, 5 and 6 and the
IIIEast half of Lot 7 and Lot 9, Block 3, Oslund Timberline Addition be reassessed as
tax forfeited land according to the 1976 statutes which assessment hearing will be
September 7, 1976 at 7 P.M.
WILLIAMS - LaRUE ADDITION. Upon motion by Polzin, seconded Wachter, all mem-
bers voting yes, it was RESOLVED that Lot 4 of Williams and LaRue Addition not
be charged for park dedication fees until a building permit is acquired for
construction on that lot, to be paid at the rates then in effect.
ORDINANCE NO. 66 - ASSESSMENT DEFERRMENT. The City Atty. submitted a draft of
proposed Ordinance No. 66 concerning deferrment of assessments for senior citizens.
The Council will review the ordinance again at the next regular meeting.
STATEMENT & BILLS. Upon motion by Polzin, seconded Wachter, all members
voting in favor, it was RESOLVED that the bills according to the following
schedule be ordered paid: # 4505 through #4753: #163 through #173: and
#2914 through #3041.
1976 ICMA CONVENTION. After discussion, upon motion by Rydrych, seconded
Wachter, all members voting in favor, it was RESOLVED that Tom Hedges, the City
Administrator, be authorized to attend the ICMA convention beginning September 26
in Toronto, Canada with the city to pay his expenses at the convention and that
no salary be paid in transit to the convention only.
JOHNNY CAKE RIDGE ROAD RESOLUTION. The City Atty. submitted a resolution
requesting that the Dakota County Board grant an easement to the City of Eagan
covering land owned by the county adjacent to Johnny Cake Ridge Road. Upon
motion by Rahn, seconded Polzin, all members voting in favor, the resolution was
adopted.
JII TREE REMOVAL CONTRACT. There was discussion concerning the possibility of
the City entering into a contract to provide for assistance for private owners
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III in removal of diseased trees on private property which expense would be paid for
by the owners. More review will be made and a recommendation will be made to the
Council.
1976 SEAL COAT PROJECT AND STREET IMP. PROJECT FOR CEDAR GROVE 9, 11 & 12.
The contracts covering the seal coat project for 1976 for Eagan streets and the
contract for street improvements in Cedar Grove 9, 11 & 12 consisting of Project
#181 were submitted and upon motion by Polzin, seconded Wachter, all members
voting in favor, it was RESOLVED that the contracts be approved and ordered
executed.
POLICE FACILITY. James Horne was present and discussed with the Council a
lay out and site plan for the police facility on the East side of Pilot Knob Road.
After discussion, upon motion by Rydrych, seconded Wachter, all members voting
yea, it was RESOLVED that the site plan as presented be approved for the new
IIIpolice facility. Upon further motion by Rydrych, seconded Wachter, it was RES0' FED
that Mr. Horne be authorized to proceed with working drawings for the facility.
All members voted yes.
Upon motion duly made and seconded, the meeting adjourned at approximately
12 P.M.
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DATED: 8- 3 .74- `'y'(.e 42/(7 se 8-3v-. (4- -
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