01/16/1973 - City Council RegularAGENL'A
P~GULAR MEETING OF COUNCIL
VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA
6:30 P.N. -January 1~, 1973
5:30 P.Ni. Meeting t~~ith i;epresentative Ray :~empe concerning 1973 Legislation.
7:00 P.M. Meeting with Corp of Engineers concerning installation of butt;
mail facility on Lexington Avenue.
1. Pledge of Allegiance.
2, Approval of minutes of previous meeting.
3. Police Department business. Consider proposed Police Relief Association.
~~. mire Department business.
5. Utility Department business.
6. Park Committee business.
1. Building Permit applications.
3. Consideration of adoption of proposed Code of Ethics for Village officials.
(Informal).
9. reconsideration of a proposed Agreement between Eagan and Enterprise
Properties relating to the ricKee Park and set-back variance east of I~ic.~ee
Addition. (Informal).
l0. Consideration of recommendations as to pY•ocedure for issuance of Liquor
Licenses in the Village. (Informal).
11. P,eview of Liquor Licenser: On-Sale and Off-Sale Applications. (Informal).
12. Proposed ordinance Amendment to woning Ordinance ..`b concerning establishment
of Board of Appeals and Adjustments. (Informal)
13. Approve Change Orders I~1o. 1, 2 and 3 to Project 55A, trunk water and sewer.
(Informal},
l~. Discuss terms of proposed labor contract with Ut~,lity employees. (InfoL~nal).
MINUfiES OF REGULAR MEETING OF EAG~~N COUNCIL
VILLAGE OF E-'~GAN, IaAKOTA COUNTY, MINNESOTA
January 16, 1973
A regular meeting of the Council, Village of Eagan, Dakota County,
Minnesota, was held at 6;30 P.M., January lb, 19?3 at the Village Hall.
All Council members were present.
At 6:30 P.M. the Council taet with Representative Ray Kempe and
discussed numerous legislative issues affecting the Village of Eagan and the
Metropolitan area.
At 7:00 PRM, the Council met with representatives of the Corp of
Engineers including Colonel Cox in relation to the installation of the bulk mail
postal facility on Lexington AveAUe. He proposed a letter to the Council froth
the Corps of Engineers which was read and copies were distributed and the letter
will formally be presented to the Clerk. It was indicated that all easements
requested by Eagan except the strQet easement in the southwest corner of the
parcel would be granted; that assessments for improvement would be paid indirectly
through a contract between the Corps and Eagan; that construction costs for
upgrading Lexington Avenue would be paid through the contractor for the facility;
that building permit fees could not be paid because of tie lack of a method of
technically paying them to the Village; but the Carps will review and repart at
a later time as to method for reimbursing the Village for future police, fire
and payment of other services offered by the municipality; that the scheduled
cox~Fletion date of the facility is December 31, 1974, It was also indicated that
350 feet of frontage north of the site will be purchased along Lexington Avenue.
After the Pledge of Allegiance and upon motion by Councilman Rydrych,
seconded by Councilman Wachter, it was RESOLVED that the minutes of the
January 2, 19?3 meeting be approved and distributed..
Police Chief Martin DesLauriers appeared on behalf of the Police
Department. A copy of the proposed Articles of Incorporation of the Eagan
Policemen's Relief Association that had been distributed by mail was reviewed,
It was noted that authorization to establish a special police fund aceord~ng
to the 1971 Legislative State Aid Program to supplement pension and relief
provision for police departments in the State was suthori2ed by the Eagan Town
Board. Upon motion by Councilman Smith, seconded by Councilman Rydrych, all
members voting in favor, it was RESOLVED that the Articles of Incorporation of
the Eagan Police Relief Association be, and they hereby are, approved and that
further authorization be given to prepare by-laws and necessary applications
for non-profit corporation tax status.
Upon motion by Mayor Polzin, seconded by Councilman Wachter, all
members voting in favor, it was RESOLVED that the Village Council recommend to
the Dakota County Board and Dakota County Engineer that Highway #3b north of
Highway #13 to the railroad right of way be upgraded at the earliest possible
time.
After discussion and upon motion by Councilman Rydrych, seconded by
Councilman Smith, all ~aembers voting in favor, it was RESOLVED that the Clerk
be authorized to write the Dakota County Board with copies to all CommiBSioners
expressing dissatisfaction with the handling of Eagan's request for the insta118-
tion of stop signs at Highways ~~~b and ~~31, which request had been submitted
to the County several months ago.
The members of the Park Committee present discussed with the Council
the acquisition of certain parcels of park land including property along Rahn
Road in the area of Rahn School. Negotiations have continued concerning the
acquisition of the proposed perk land from Alexa $urow south of Rahn School
and it was determined that negotiations should continue, After considerable
-2-
discussion, upon motion by Councilman Wachter, seconded by Councilman Rahn,
ail members voting in favor, it waa RESOLVED that the Village of Eagan would
withdraw from the condemnation action regarding the Burow property at such
rive as the Mayor and the council. park zepresentative, Councilman Wachter,
determine upon recommendation of the Village Attorney that such withdrawal
is necessary but that negotiations continue with the acquisition of lb acres
im~azdiately south of Rahn School.
The application of Lull Engineering for an addition to their building
for storage in the amount of $12,000.00 was presented. Upon motion of Mayor
Polzin seconded by Councilman Smith it waa RESOLVED that the addit~,on for Lu11
Engineering in the amount of $12,000.00 be approved and the Clerk be authorized
to issue the permit upon payment of the appropriate fees. Ail members voted aye.
The application of Cragg, Inc, for a sign permit on the south side
of St. Paul Package Carpet and Furniture was ~~resented. The Council members
indicated they had visited the site and did not feel the sign was needed as they
had previously approved a sign for the front of the building, Upon motion by
Councilman Wachter seconded. by Councilman Rydrych it was RESOLED that the
application be denied. All ~aembers voted aye.
The Clerk presented a letter from Gerald Pautz, Antxer Corp. and
Kenneth Appelbaum requesting the Donald Avenue be paved from Yankee Doodle Road
tv Letendre Street and also Donald Circle North of Letendre Street. Upon motion
of Councilman Rahn seconded by Councilmen Wachter, it waa RESOLVED that the
Engineer be authorized to include thi$ request in the Preliminary Report ~i14.
All r~embera voted aye.
Upon motion by Councilman Rahn, seconded by Councilman Wachter, all
members voting in favor, it was RESOLVED that the abatement requests forwarded
by Dakota County to the Village concerning property acquired by Eagan and
-3-
including the Joseph McCarthy property, Chapdelaine park property near Hig;l~°ay
~~55 and the Fire Hall #2 property in Eagandale Industrial Park real estate
assessed value be abated pursuant to the abatement request.
The Clerk indicated that Eagan had recently received the sum of
$37,b18,00 as ita share from the Federal Government for revenue sharing purposes
covering the periods from July 1, 1972 through December 3l, 1972.
The Mayor then announced the opening of discussion concerning a
proposed Code of Ethics for officials for the Village of Eagan. The draft of
proposed Code together with suggested amendments submitted by Councilman
Rydrych were revie~~ed. Various council members expressed their reasons in
support of and reasons for opposition to such a code. Councilman Rydrych indi»
sated that although the Code is unenforceable, that it would impose a voluntary
cosmnittment on behalf of officials covered to expose in writing any potential
conflict they may have in regard to Village affairs. Councilman Wachter stated
that he opposed the Code for the reasons including the fact that it is not
enforceable, that it invades the privacy of the individual, that it assumes that
each is potentially guilty that, all officials who live in Eagan have a conflict
and that the auditors and fiscal advisors were omitted from the~dx8ft.
Miayor Polzin expressed his opposition for reasons including; it would infringe
vn personal business affairs, it might keep certain responsible persons from
running for office, it might serve to keep persons from serving on boards and
commissions and that several legal opinions had been issued indicating that the
Code would be unenforceable. Councilman Smith also spoke in favor of adoption
of the Code,
Councilman Smith moved and Councilman Rydrych seconded a motion to
adopt the Code of Ethics with the amendments proposed by Councilman Rydrych
Frith the. exception of the proposed Amendment to VxI A-3, and that the word
-4-
"significant", replace the word 't~aa jor" in VI A1C. Those in favor were
Eouncilman Smith and Rydrych; those ogposed were 1~ayor Polzin, Councilman
Wachter and Rahn.
Also Councilman Smith moved, Councilman Rydrych seconded the motion
to adopt the Code of Ethics as originally presented. Those voting Aye:
Councilman Smith and Rydrych. Those voting Naye: Mayor Polzin, Councilman Rahn
and Wachter. A copy of the proposed Code and Amendments are attached tv the
minutes.
The Council tabled reconsideration of the proposed Agreement between
Eag3~ and Enterprise Properties relating to the McKee Park setback variance
east of McKee Addition until the February b, 1973 regular meeting.
Members of the Council then discussed proposed recommendations as
to procedure for issuance of liquor licenses in the Village. No action was
taken.
The Village Attorney submitted a proposed draft of an ordinance
amending Zoning Ordinance No. 6 concerning the establishment of a Board of Appeals
and Adjustments. The Council discussed a proposed $50.00 fee to be submitted
by the applicant and it was determined to retain the $50.00 fee for that purpose
Upon motion by Council.taan Wachter, seconded by Councilman Rahn, all members
voting in favor, it was RESOLVED t:~at proposed Amendment be, and it hereby is,
approved and the Clerk be authorized to publish in the Dakota County Tribune.
A proposed time table and priority list for park improvements to be
completed by Metro Engineering was submitted by the Park Committee. Upon motion
by Councilman Rahn, seconded by Councilman ~~~achter, all members voting in favor,
it was RESOLVED that the request from Metro Engineering for an extension of
tiwe to complete the park improvements to June 1, 1973, subject to the contractors
agreeing with the time table and priority list for the improvements, was approved.
•5r
The Village Engineer submitted certA3,n change orders to Improveme:~t
Project ~~65A with R~.chard Knutson Company as follows:
a. Change Order ~1. Sanitary Sewer $25,446,60. Upon motion by
Councilman Rahn, seconded by Councilman Smith, all members voting in favor, it
was RESOLVED that Change Order ~~l be approved.
b. Change Order ~2. Storm Sewer Ympxovements $2,198.00. Upon motion
by Councilman Wachter, seconded by Councilman Rydrych, all members voting in
favor, it was RESOLVED that Change Order ~~2 be, and it hereby is, approved.
c, Change Order ~3. Water Main $4,975.00. Upon motion by Councilman
Smith, seconded by Councilman Rahn, all members voting in favor, it was RE50LVED
that Change Order ~~3 be approved.
The Village Engineer submitted a proposed trunk area and lateral
benefit assessment charge schedule, dated January l6, 193, to the Council. It
was noted Chat in certain cases there were no recommendations for increases in
assessment charges and other costs reflected a recommended Increase of approxi~
mately 5 to 5~7e aver those charged in 1972. Upon motion by Councilman Rahn,
seconded by Councilman Smith, all members voting Aye, it w8s RESOLVED that the
Council be, and it hereby is, on record ppproving the above mentioned connectic~n
and assessment charge schedule for 1973.
The Village Engineer submitted a request on behalf of Cedar Grave
Construction Company for a credit according to Eagan's policy for lateral storm
sewers towards future Eagan storm sewer assessment charges in Cedar Grove ~~$,
Upon motion by Mayor Polzin, seconded by Councilman Wachter, all members voting
in favor, it was RESOLVED that the request for credit Alternate ~2 in the sum
of $1.2,039.31 be, and it hereby is, approved.
Councilman Rydrych requested that the Council act on the authorization
far camaencement of Phase I1 of the Goals and Policies Report. No action was
-6-
t~kez~, and ehe u:atter will be on the Tabr~ary 6, 1973 Agenda.
After discussion concerning the need for an early resolution to the
dispute concerning the location of proposed I-35E, upon motion by Councilman
~lachter, seconded by Councilman Sm1th, all members voting in favor, it was
RESOLVED that ttze Village Council be, and it hereby is, on record favoring the
vrigi;~al location of I-35E and further, recommending t~:~at the Minnesata Highway
Department complete its planning so that commencement of construction can begin.
at the earliest possible time; it was further RESOLVED that the Council be on
record favoring action by the Minnesota Highway Department and the Minnesota
Legislature to complete the planning, financing and early construction of
Highway #36, known as the Cedar Avenue Bridge at the earliest possible time.
Councilman Wachter expressed his concern about conservation of fuel
and energy by residents and businesses in the Village of Eagan due to the
apparent shortages nation+I~de. Upon motion by Councilman Wachter, seconded by
Councilman Rahn, all members voting in favor, it was RESOLVED that the Council
issue a Proclamation encouraging residents, businesses and the Village employees
to conserve on fuel, energy and electricity to help to relieve the crisis
developing nationwide.
Council received a request from Independent School District ~~196,
Rosemount, to meet for a joint meeting between the School Board ar~~.i the Eagan
Council. It was determined to meet Frith the School Board at 8:00 PrM. on
February l3, at the Village Hall, A meeting at 7:00 P,M. with the County Enginfex
i;as arranged for the same evening,
Upon motion by Councilman Wachte., seconded by Cour..ci hasp Rahn, all
bids presented by the Clerk be, and they rereby are, ordered paid according to
tree following schedule: Warrants ~~7 through ~~ll; #917 through ~~9b1; X10049
t~arough ~~10122.
Ugon motion the meeting adjourned. ~, ~,
~,~ /f~~,
~;
U~:~pd: January 16,1973
~7_