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11/15/1977 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 15, 1977 A regular meeting of the Eagan City Council was held on November 15, 1977 at 6:30 p,m, at the City Hall. Present were Mayor Polzin, Councilmen Rydrych, Smith, Wachter and Rahn. Also present were City Administrator Hedges, City Clerk Bolke, City Engineer Rosene and City Attorney Hauge. MINUTES. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the minutes of the November 1, 1977 regular meeting be approved with the exception on page 5 relating to Cliff Road revised plans to provide that the trail would not be constructed within the present road project unless funds can be acquired from another source. PARK CotlITTEE. 1. Bids were received for a 12-foot dump box with hoist to be mounted on the one-ton Ford cabin chassis. The low bid was from LaHass Manufacturing Company for $2,142, and it was recommended for purchase, Rahn moved and Smith seconded a motion to award the contract to LaHass Manufacturing Company. All members voted yes. 2. It was noted the only quote for a western 8-foot plow was from LaHass Manufacturing Company in the amount of $1,122. No other quotes were received. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the low quote be awarded. 3. Shade Tree Program. City Administrator Hedges submitted an application prepared by the Park Director for a Shade Tree Program and replanting in the sum of $32,500 for shade tree disease and $9,800 for replanting to be submitted to the Minnesota Department of Agriculture and requested approval. Upon motion by Smith, seconded Wachter, all members voting ygs, it was RESOLVED that the application be approved and authorized to be submitted. 4. MN/DOT Trail Grant Application. An application for submission to MN/DOT -1- 11-15-77 for trail locations consisting of a preliminary bike way grant for five proposed trail locations with 75-25% funding was next reviewed. Rahn moved, and Smith seconded a motion with all members voting yes to approve the application and author- ize it to be submitted. There was discussion concerning the source of the 25% local funding with no resolution. PUBLIC WORKS DEPARTMENT. 1. The Public Works Director had recommended that a third pump for the McKee area sewage lift station be installed, which will ultimately be acquired by the MWCC. Wachter moved and Rydrych seconded a motion with all members voting in favor to authorize the purchase from Fadden's Pump Company with total cost of $6,712.31 with impellors at $480 and an installation cost of $1,282. 2. The Public Works Director recommended the purchase of a fence to enclose the public works equipment area on Yankee Doodle Road and recommended the low quote of Crowley Fence Company of Minneapolis for $2,710. Smith moved and Rahn seconded a motion to approve the purchase of the low quote. All members voted in favor. FIRE DEPARTMENT. Mr. William Schultz appeared and indicated to the Council that he chose not to run for an additional term as the Eagan Volunteer Fire Depart- ment Fire Chief. Mayor Polzin indicated that Mr. Schultz had served as Fire Chief for 1968 to the present time and that he was the third Fire Chief since its organi- zation 13 years ago. Mayor Polzin presented Mr. Schultz with a plaque in commenda- tion of his long and dedicated service to the City. Robert Childers was introduced as the newly elected Fire Chief by the Volunteer Fire Department members. Polzin moved and Smith seconded a motion to approve the resignation of William Schultz as Fire Chief and to approve the election of Robert Childers as the Eagan Volunteer Fire Chief effective December 1, 1977. POLICE DEPARTMENT. Martin DesLauriers appeared. Mr. DesLauriers recommended that the Council authorize $805.90 raised through public auction on September 24, 1977 to purchase shelving and other fixtures for the evidence room in the new police -2- 11-15-77 department facility. Rahn moved and Wachter seconded the motion to authorize the purchase as recommended. All members voted in favor. PROJECT #221 - DUCKWOOD ESTATES UTILITIES AID STREET.1NPROVEMENTS, The Mayor convened the public hearing regarding utilities and street improvements for Duckwood Estates, and the project was explained by the City Engineer. There were no objection: to the project. The developer asked that aosessments be spread over 15 years. Council members indicated that the normal assessment spread will be implemented in the development, Wachter moved and Rydrych seconded a motion to approve the project and order it in dnd to authorize the Engineer to prepare plans and specifications, DUCKWOOD ESTATES FINAL PLAT. John Klein appeared regarding the application of Kenneth Appelbaum for approval of the final plat of Duckwood Estates consisting of 69 single-family lots. It was noted that the time for the review of the LfS had not expired.. Polzin moved and Wachter seconded a motion to approve the final plat subject to compliance with all normal ordinance requirements. BUDGET HEAPING - FEDERAL REVENUE SHARING. City Administrator Hedges reviewed with the Council the requirement of the Federal Government that a public hearing is required on the proposed budget before Federal Revenue Sharing funds are desig- nated. It was anticipated that $99,277 will be anticipated through the Federal funds in 1978, and there were no objections to the proposed budget. Smith moved and Rahn seconded a motion to approve the budget and the use of the Federal Revenue Sharing funds for the police facility building. NARVESON REZONING - LANGBOVEN ADDITION. A letter from Mr. and Mrs. Donald Narveson requesting that their application for rezoning from R-1 to R-2 covering two lots in Langhoven Addition be withdrawn. Wachter moved and Smith seconded a motion to deny the application because of the request for withdrawal. All members voted yes. POLICE FACILITY CONTRACT. City Administrator Hedges reviewed with the Council very briefly the contract, including the specifications covering the Eagan Police -3- 11-15-77 Facility, and recommended approval with the exception, however, of the insurance coverage which had not been finalized at the present time. It appeared that the contractor will cover the property for owner's pantective liability, contractor's liability and builder's risk insurance. Rydrych moved and Rahn seconded a motion to authorize the approval of the contract with the understanding however, that the insurance will be approved to the satisfaction of the City prior to its final execution. AG`Ar? STADIUM SITE. The Mayor then read a statement concerning the Metro Sports Facilities Commission's proposed action regarding the Eagan Stadium site and indicated that it was expected that the Sports Commission will act on the Eagan site on November 16 at its regular monthly meeting, Mr, Polzin asked for comments from the public present at the meeting: There were persons present both in favor and in opposition to the stadium; the opposition included potential cost to the City and the fact that the property cannot be levied for real estate tax purposes. Coun- cilmembers discussed the hearing held by the Stadium Commission at Cedar School on November 10 at which time a summary of the EIS data and recommendations were sub- mitted by Sacki and Associates. Councilman Rydrych made a statement concerning his reaction to the EIS, including the fact that the land will be taken off the tax rolls, there is no commitment for commercial development in the immediate area, that traffic would be increased substantially around Highway #55, that the commercial and industrial development of the area may be inhibited by the stadium, that there would be substantial road improvements required by the City without commitment by the Sports Facilities Commission and there would be increased demand for police services near and on the site including prosecution of criminal acts. Councilman Wachter recommended that the Council withdraw its support of consideration of the stadium on the Eagan site. Wachter moved and Polzin seconded the motion with all members voting in favor as follows: WHEREAS, the November 10th, 1977 Public Hearing in Eagan relating to the Eagan Stadium site outlined the environmental and economic -4- 11-15-77 impacts the City of Eagan could expect from a stadium, and WHEREAS, the negative impact does not appear to be sufficiently offset by advantages which the stadium may provide; 14OW THEREFORE, be it resolved that the Eagan City Council is opposed to any stadium construction at the location generally referred to as the Eagan site, and BE IT FURTHER RESOLVED, that the Eagan City Council endorses the Blooming- ton site as the logical location for future construction of a stadium in the Metro- politan area. RENEWAL OF BEER, WINE AND LIQUOR LICENSES. The following license applications for renewal for 1978 were submitted and approved by the Council with action indicated herein: 1, 1978 Club License for Spur, Inc. - Wachter moved and Rahn seconded a motion with all members voting in favors 2. Mr. D's Pizza, Inc. and The Italian Pie Shoppe, Inc+ Wine Licenses - Rahn moved and Smith seconded with all.members voting yes. 3. Smith moved and Rahn seconded a motion with all members voting in favor to approve the following off sale, on sale and Sunday liquor licenses: Off Sale - Applebaums Food Markets, Inc, J.E. Parranto Liquors, Kennys Enterprises, Inc; On:_Sale & Sunday Liquor - Carriage Hills Country Club, Inc., Eagandale Club, Murphy House, Inc., Valley Lounge, Holly Inns, Inc., Le-An, Inc., and Starks Valfway House. 4. On Sale 3.2 Non-Intoxicating Beer License - Pizza Hut of Northwest Inc., Italian Pie Shoppe, Parkview Golf Club, Mr. D's Pizza, Airliner Motel and West End Hunting and Fishing - Rahn moved and Wachter seconded with all members voting in favor with the exception that the Pizza Hut of Northwest Inc. be required to have a new licensee. 5. Off Sale 3.2 P1on-Intoxicating Beer License - Polzin moved and Rydrych seconded with all members voting yes to approve the following license renewals: Applebaums Food Market, Country Club Market, Airliner Motel, Parkview Golf Club, -5- 11-15-77 Spruce Motel, Tom Thumb - 3904 Beau d'P.ue Drive, Brooks Superette, Mr. D's Pizza, Q Petroleum, 7-Eleven, Toga Thumb - 1430 Yankee Doodle Road and Superamerica. I-35E PRELIMINARY PLANS. Mr. Bob Rosas of the District 9 MN/DOT office appeared with a layout updating the preliminary plans for I-35E through a portion of the City and requested a resolution from the Council approving the preliminary plans. lie indicated the approval would be requested of the Federal Highway Administration shortly and that MN/DOT then will proceed to acquire the right of way in Eagan. City Engineer Rosene reviewed some of the concerns of the City, including the recom- mendations of the Park Committee. He requested general concurrence from the Council concerning the layout for s.ccess.for three property owners near the Cedar and 35E`int. section including King and Sieg properties, The Park Committee recommended that a 10 foot trail way be provided on each of the bridges including both a sidewalk afld . trailway on the Cliff Road Bridge because of the proposed East-West Cliff Road trail. There also would be trail provisions on the County Road #30 Bridge, deer- wood Drive Bridge, Pilot Knob and Yankee Doodle Bridges. The plan also included the culvert at the 200-foo;: NSP easement which would be paid for by the State of Minnesota, buy. i. was uncertain whether the culvert at BJ:dckhawk Road witl be paid by the State. Wachter moved and Rahn seconded a motion to approve the preliminary plans including the provision for 10-foot trailway on each bridge as recommended by the Park Committee and further, that the MN/DOT be requested :o proceed as quickly as possible toward acquisition of the necessary right of way and future. construction of the highway. CEDAR AVENUE RELOCATION -.STORM SEWER OUTLET. The City Engineer reviewed his letter to the Council following a letter from DNR that a storm sewer be relocated discharging in.--o the new large ponding area on the West side of Cedar Avenue to preserve Blackhawk Creek as a trout stream. The total cost of the storm sewer in that area would be approximately $42,000 with the present construction at $7,000. The City Council had earlier denied a request to install the requested storm sewer -6- 11-15-77 because of the excessive cost. After considerable discussion, Smith moved and Wachter seconded a motion that the Administrator be authorized to send a letter to the DNR that the City Council cannot justify the cost, but that if DNR wants to assist in funding that it should respond to the City Council for further action. CEDAR AVENUE 2ND PHASE GRADING - EXCAVATING CONTRACT. Two representatives of the District 9 MN/DOT office appeared and requested approval of a 16-hour work day for the future 2nd phase of the excavation for Cedar Avenue running from one-quarter mile South of County Road #30 Northerly to a location North of Highway #13. The request was for 6:30 a.m. to 11:30 p.m. working hours similar to the approval given to Park Construction Company on the first phase, which would speed up the grading completion construction for scheduled opening in 1980. It was noted that 2.5 million yards of dirt would be moved and all will be excavated from the proposed right of way. Councilmembers suggested that MN/DOT apply to the City for a permit to vary the hours pursuant to the ordinance prior to the time that bids are advertised for the construction. PROJECT #222 PRELIMINARY REPORT. The City Engineer submitted a preliminary report for Project #222 consisting of sanitary sewer improvements on Blackhawk Road near Carnelian Park. Polzin moved and Smith seconded a motion that the preliminary report be accepted and that a public hearing be scheduled for December 6, 1977 at 7 p.m. at the City Hall. All members voted in favor except Rahn who abstained. ENGINEERING FEES. A letter from Bonestroo, Rosene, Anderlik & Associates requesting an adjustment in engineering fees was reviewed by the Council. Upon motion by Smith, seconded Rahn, all members voting yes, it was RESOLVED that the Council approve the adjustment in the engineering fees. MALLARD PARK 1ST ADDITION CHANGE ORDER - PROJECT #198A, The City Clerk sub- mitted a change order in the sum of $22,800.50 for Mallard Park 1st Addition improve- ments. Rahn moved and Rydrych seconded a motion to approve the change order. All members voted yes. -7- 11-15-77 PROJECT #221A - CHANGE ORDER No. 2 - EAGAN HILLS ADDITION. The next change order submitted by the Clerk consisted of improvements for Eagan Hills Addition consisting of Change Order No. 2 to Project #211A. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the change order be approved provided the change orders for the project do not exceed the 25% statutory limitation. PROJECT #221A - CHANGE ORDER NO.. 1. Upon motion by Polzin, seconded Rahn, all members voting in favor, Change Order No. 1 to Project #211A was approved consisting of improvements on County Road #31 in the sum of $1,400. ANIMAL WARDEN. Mr. Cary Larson, the Eagan Animal Warden, requested a temporary five-month leave of absence for military service starting December 1. City Adminis- trator Hedges indicated that Robin Cleary, who was present in the audience, had requested that she be appointed the Animal Warden on a temporary basis during the leave of absence of Mr. iarson. Wachter moved and Rahn seconded a motion granting the leave of absence to Mr. Larson and also authorizing Robin Cleary to be hired as the temporary Warden on the same basis as Mr. Larsonis contract. EAGAN DOG POUND. Mrs. Roger Goss, who operates the Eagan dog pound, submitted a letter to the Council indicating that she is moving outside of the City effective December 1 and asked whether the City would be interested in her property in Rose- mount for a location bf the Eagan dog pound. No action was taken and the City Administrator was requested to pursue a possible joint cooperative venture with Rosemount and Apple Valley for a joint dog pound. MWCC JOINT USE RENTAL AGREEMENT. A request from the Metropolitan Waste Control Commission for extension of the joint use rental agreement for the sanitary sewer pipe into the Eagan treatment pond for the sum of $100 per year was next reviewed. Polzin moved and Rahn seconded a motion to approve the agreement. All members voted in favor. OAK CHASE ADDITION LOT WAIVERS, An application of Timberline Development -8- 11-15-77 Corporation for waiver of plat for four lots in Oak Chase Additions consisting of the following were reviewed by the Council: Lots 1 and 2, Block 2, Oak Chase 3rd Addition, and Lots 5 and 6, Block 7, Oak Chase lst Addition. It was noted that the developer intends to dedicate the Northerly portion.of each of the lotsoto the City for park purposes and was anxious to permit a buyer of the South portion of one of the lots to commence construction as soon as possible. Smith moved and Wachter seconded a motion with all members voting in favor to grant the application for waiver of plat for the four lots subject to approval of the Advisory Planning Commission and subject to dedication of the park land to the City. CETA TERMINATIONS, City Administrator Hedges reviewed six former CETA employees of the City whose positions have been terminated for various reasons and requested ratification of the terminations. Smith moved and Rahn seconded a motion to ratify the termination of the six former CETA employees. All members voted in favor. VOLUNTEER FIRE RELIEF ASSOCIATION RETIREMENT BENEFITS. It was noted that a special meeting of the City Council had been held on November 12, 1977 with members of the Volunteer Fire Relief Association at which time the Association members requested consideration by the Council to increase the benefits for retirement purpos The administrator was requested to study some of the questions and no action had been taken. DELAWARE HILLS ADDITION -:PROJECT #218. Smith moved and Wachter seconded a motion to continue the public hearing concerning Project #218 consisting of improve- ments in Delaware Hills Addition to the December 6, 1977 regular meeting. . Upon motion by Polzin, seconded Rahn, all members voting in favor, it was RESOLVED that the following bills presented be ordered paid: 337 - 359, 5258 - 5334, and 7950 - 8132. The meeting adjourned at approximately 10:30 p.m. PHH DATED: City Clerk - 9-