03/21/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
III EAGAN, MINNESOTA
MARCH 21, 1978
A regular meeting of the Eagan City Council was held on March 21, 1978, at
6:30 p.m. at the City Hall. Present were: Mayor Murphy, Councilmen Egan, Parranto,
Smith and Wachter. All present were: City Administrator Hedges, City Clerk Bolke,
City Engineer Rosene and City Attorney Hauge.
AGENDA. After the Pledge of Allegiance, Wachter moved and Parranto seconded
a motion, with all members voting in favor, to set a special meeting on April 12,
1978, at 7 p.m. at Pilot Knob School to consider the report of the Ad Hoc Roads
Committee to the City Council. Parranto then moved and Wachter seconded a motion
that the agenda be approved, with the exception that the Group Health contract be
awarded at a meeting to be scheduled by the Council. All members voted in favor.
III MINUTES. Several clerical changes were made in the minutes and in addition,
on page 4 relating to the Bicentennial 3rd Addition conditional use permit, the
third sentence was changed to provide that Council members expressed varying views
as to whether the restaurant should be attached to the proposed motel for site
continuity purposes. Smith then moved and Egan seconded a motion, with all mem-
bers voting yea, to approve the minutes of the March 7th meeting with the correc-
tions stated, and in addition, the minutes of the March 13th meeting as presented
to the Council.
POLICE DEPARTMENT. Martin DesLauriers appeared as did James Horne of Horne
Architects. Samples of the carpeting for the proposed police building were re-
viewed as were the bids for carpeting. After review, upon motion by Wachter,
seconded Egan, it was RESOLVED that the low bid of Noah Williams & Associates in
the sum of $4,963.55 be approved and awarded to the low bidder. All members
ill voted yes.
PARK COMMITTEE. Barbara Schmidt was present. City Administrator Hedges and
Park Director Schmidt reviewed with the Council the proposed MN/DOT grant for
bicycle trail on the West side of Pilot Knob Road from County Road #30 to Wilder-
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news lun Road. It was estimated that the cost of preparing plans and specifics-
tibns by the City Engineer is $500 and Park Director Schmidt recommended approval
of preparation of the plans. Smith moved and Wachter seconded a motion, with all
members voting yes, to authorize the City Engineer to prepare the plans and speci-
fications within the estimated $500 allocated budget. The estimated project cost
is $13,500 for 2,700 feet of 8 foot asphalt pathway, with $10,125 programmed by
MN/DOT and Eagan's share of $3,375 to be paid from park bond funds or road funds.
LAWCON TRAIL GRANT. Park Director Schmidt then reviewed with the Council the
proposed Lawcon grant of $72,000 consisting of 90% funding by Lawcon along the
ISP easement running East-West thru the City from Pilot Knob Road to Cedar Avenue.
It was estimated that the preparation of preliminary plans and specifications by
the City Engineer would runabout $800 to be paid from park bond funds. Parranto
moved and Egan seconded a motion, with all members voting yes, to authorize the
IIICity Engineer to prepare preliminary plans and specs for the project within the
proposed $800 estimate.
COUNTY ASSESSOR. Mr. John O'Toole of the Dakota County Assessor's office
appeared and recommended tax abatements on the Beure Company property from
$6,407 to $3,612 assessed for 1978, and Robert Oslund at 1514 McCarthy Road for
a reduction from $23,064 to $20,900 for 1978 taxes. Smith moved and Parranto
seconded a motion to approve the tax abatements. All voted in favor.
PUBLIC WORKS DEPARTMENT. Public Works Director Branch appeared and the City
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Administrator reviewed the bids for the tractor with front-end loader awarded to
Zieco Company in January as the second low bidder in the amount of $14,041.
Zieco notified the City about a month after being awarded the bid that it could
not meet the specs and requested to be released from the committment. Carlson
IIITractor of Rosemount in the sum of $14,791 is the third low bidder. It was noted
that a cashier's check in the sum of $705 had been received as a good faith bid
bond from Zieco. There were questions concerning forfeiture of the bid bond and
the implications for the City in the event the City were to require Zieco to per-
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III form according to its bid. After discussion, Smith moved and Wachter seconded a
motion to retain the bid bond under the assumption that the plans and specs grant-
ed the City authority to retain in the event a bidder cannot perform and further,
to award the bid for the tractor with front-end loader to Carlson Tractor in the
sum of $14,791. It was noted that Zieco's reason for inability to perform is the
fact that it cannot furnish a highway type mower attachment, but there was no
showing that Zieco could not acquire the equipment according to specifications
except for the fact that it would not be able to deliver at the price originally
bid and further, that the City's specifications appeared to be clear and not
erroneous or confusing. All members voted in favor of the motion:
BUDDY POPPY DECLARATION. Mayor Murphy read a declaration encouraging the
purchase of buddy poppies from the VFW.
PROJECT #224 - CHES MAR 4TH AND 5TH ADDITIONS. The Mayor reconvened the con-
"' public hearing regarding Improvement Project #224 consisting of utilities
in Ches Mar 4th and 5th Additions along Cliff Road. There was discussion concern-
ing the Park View Golf Course property and it was recommended that water area
assessments be assessed against a portion of the property. Mr. Michael Halley
of Halley Land Corporation representing Craig and William Morton, the owners of
the 40 acres immediately East of the Park View Golf Course, appeared and favored
the installation of the water system. He indicated that engineering plans are
proceeding for development of that parcel. There were no objections to the pro-
ject. Wachter moved and Egan seconded a motion, with all members voting in favor,
to order in the project and authorize the City Engineer to prepare plans and
specifications.
PROJECT #222 - BLACKHAWK ROAD SANITARY SEWER. City Engineer Rosene explained
Illk three alternate locations for the sanitary sewer running adjacent to and through
Carnelian Park near Blackhawk Road. Park Director Schmidt also discussed various
alternates and expressed the Park Committee's recommendation that as little dis-
turbance to the ballfields as possible be considered in planning the route. Three
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III affected property owners were present and requested that the shortest route be
used, which would reduce the cost and least affect the neighboring parcels of
property. After considerable discussion, upon motion by Murphy, seconded Wachter,
it was RESOLVED that the third alternate which provided for disturbance of a cor-
ner of one bailfield only as recommended by the City Engineer at an estimated cost
of $7,200 be accepted and approved. Those in favor were: Murphy, Parranto and
Wachter. Those against were: Smith and Egan.
WILLIAM JONES - CLIFF ROAD. A letter from Mr. William Jones of 985 Cliff
Road requesting additional time to appear before the Council regarding extension
of time for a trailer permit on his property in order to permit him to build a
new residence was next reviewed. Several neighboring property owners appeared
and objected to the eF tens'on. of time and a permit for location of the trailer.
Egan moved and Smith e•ec:,-1,4 1..o 'f o n r-r, continue the matter until the next
IIImeeting to permit th- oi., ° t ::.; 'd a., plans an,i !L 2flticns to the Council.
All members voted i++'+? -amts ._ _
AD HOC RG'A.DS Cr_" , :N Tt.F 2 :PORT. ?'f:zyor Murphy explained to the committee mem-
bers and affected res .deny;- p ecer.t that a special meeting has teen .scheduled re-
garding the report of Lhe /VI 'mooc Roads C,sunittee a o.- April 12, 1978, and Chairman
Klein read the resolution of the r'.d. `Hoc 'loads Couma.i.ttee recommending the inter-
change on 494 be located aL ''-€..;et 1n.a -, :.;oa;i YE -1-.er than on Highway #13. Wachter
moved and Parrante seconded e. mourn, to--.::.eive the report of the Ad Hoc Roads
Committee and to thank the ma-, etc, for th2 work that they have performed on the
project. All metberr -oted in favor.
DAKOTA COUNTY ROAD FINANCING FORMULA. Mss er Murphy nresent.ed a resolution
proposing a study relating to the current 'Dakota County foriuule for ``financing
IIIcounty roads. Reeemmendations were made 'L" ''he reclol?ition for studying the cost
and course of action the City could take to change the formula and also to recom-
mend a priority sequence for county road improvements. Murphy moved and Parranto
seconded a motion to approve the Resolution prepared by Mayor Murphy, a copy of
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which is attached to these minutes.
1) The county does not assess for road improvements.
2) There is concern about losing some control by the municipality in the
event the county takes over full or nearly full funding.
3) It's possible there would be less road construction money available be-
cause there would be no assessment by the municipality.
4) The current policy of the City would be changed requiring that abutting
owners pay a portion of the cost.
Councilman Smith stated that he was not opposed to the resolution if it only con-
sisted of a study and Councilman Egan expressed similar concerns and objections.
Councilman Parranto stated he favored the study only. Parranto then moved and
Murphy seconded a motion that the City of Eagan authorize the City staff, includ-
ing City Administrate:', ty .t,t+torn;,v and City Engineer, to initiate a study to
determine the alter:a:;,:.iv,::5 tc tie ,;►;,ho`=_a County Roa,t slid Bridge formula for fund-
ing the construction or county roads. l±. 1 members 7otel in favor of the motion.
NN/DOT S:P FP zo r RECOL;Y:NWTIOT7, . Glum. Van Wormer, the MN/DOT District 9
Traffic Engineer, , ppeare:j :a:.-id reviewed with the Council and affecte=d residents
the recommendation of his office that the speed limit on. Lone Oak_ : oad between
Pilot Knob Road and County R7,ad #13 not be reduced from 40 to 30 mph, but rather
recommended that other solutic 1 as signing, school zoning, increased polic-
ing, etc. should be studied in Y;_c;:;.in_r C3.- :t.'a. There were comments from the Police
Chief recommending consideration of a reducticn to 30 mph based on experience
with other roads. The Council directed the Ae S_inistrator to assist MN/DOT in
further studying the speed problems on Lane Oak Road mentioned above and on
County Road #30 between Cedar Avenue and Rahn Read and that input from the local
school officials and County Highway Depa--tuant be --e::kuested in the study with
future recommendation to the Council.
CEDAR AVENUE TRAFFIC ALTERNATIVES. Mr. Van Wormer then reviewed a letter to
the Council dated November 28, 1977 regarding alternatives for Cedar Avenue traf-
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fic flow to attempt to remove the congestion at peak hours near Highway #13. He
reviewed the results of the 1977 attempt to restrict traffic to one-way on Cedar
Avenue during the rush hours, which attempt was abandoned. He recommended experi-
menting with some alternatives. Council members favored some of the recommenda-
tions made and requested the staff work in conjunction with MN/DOT District
Engineers and present a proposal at the next Council meeting.
CEDAR AVENUE PLANS AND SPECIFICATIONS. The final plans for preliminary
grading and bridges for Trunk Highway #36 from the Minnesota River to South of
County Road #30 were presented and reviewed by City, the Engineer and Merritt
Linzie of District 9. Certain representatives of the River Hills 9th Addition
appeared and strongly recommended further steps be taken concerning noise abate-
ment during construction as well as abating future noise problems along the right-
of-way. Richard Victor, the president of the local residents° association
IIIappeared and indicated a acz.eting xvW be held shortly with representative of MN/
DOT. Mr. Linzie state.- that a meeti eg .,ill be schedule.] with the City Council
when the noise abatement rl E.:,s are ;prepared. Wachter moved and Parranto seconded
a motion, with all members voting in favor, to approve the final plans and speci-
fications for preliminary grading and bridges for Trunk Highway #36 described
above. All members voted yes.
PROJECT #193 DEEP WELL PL f' O The bids for Project #193 consisting of
Deep Well Pump No. 5, with low b:ii?er bee E.eyes Well Drilling Company in the
amount of $14,995, were reviewed. The Engineer recommended approval. Wachter
moved and Egan seconded a motion, with all members voting yes, to approve the
award of the contract to the low bidder.
PROJECT #193 WATER BOOSTER STATION. The low bid of Lee Richert Plumbing &
IIIHeating in the amo'int of $162,485 with tr :, recommended deducts of $2,900 consist-
ing of alternate No. 1 and $1,800 consisting of alternate No. 2 were next dis-
cussed. Smith moved and Egan seconded a motion, with all members voting yes, to
award the contract to the low bidder, Lee Richert Plumbing & Heating, with alter-
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III nate No. 1 deduct of $2,900. Parranto then moved and Egan seconded a motion, with
all members voting yes, to approve the deduction for alternate No. 2 consisting of
$1,800 to accept the Aurora pump rather than Worthington pump.
GOPHER EAGAN PUD. The Advisory Planning Commission recommended approval of
the Gopher Eagan PUD for one additional year and noted there were no changes in
the development. Egan moved and Wachter seconded a motion to approve the exten-
sion for one additional year. All voted in favor.
OAK CHASE 4TH ADDITION. James Frisbee, the developer with Timberland Develop-
ment Corporation, appeared and requested final plat approval of Oak Chase 4th
Addition. The City Attorney recommended approval of the Develonment Agreement and
City Engineer recommended approval of the final plat. Wachter moved and Parranto
seconded a motion, with all members voting in favor, to approve the final plat of
Oak Chase 4th Addition and to approve and execute the Development Agreement.
EAGAN HILLS NORTH ADDITION FINAL PLAT. At the request of Mr. Rod Hardy, the
consideration of the final plat for Fag., Hills North-Hilltop Estates will be
considered at the next rMg lee meeting.
CAPP HONES MODEL HOME REQUEST. The Council next reviewed a request from Capp
Homes to approve a resolution that would allow a model home and sales office
located in a Limited Business zone classification on one-half of Lot 3 and all
of Lot 4, Block 8, Cedar Grove ?rd Addition. The City Attorney recommended
approval of the resolution declar,rg the model home a permitted use subject to
compliance with all necessary ordinances. Egan moved and Smith seconded a motion
that the resolution attached to these minutee declaring the use described above as
a permitted use be approved. All members voted in favor except Parranto who ab-
stained from any consideration of the motion.
llCEDAR AVENUE FREEWAY STORM SEVER AGREEMENT. An Agreement between MN/DOT and
the City of Eagan regarding Cedar Avenue freeway storm sewer construction was Dre-
sented by the City Engineer and City Attorney who recommended approval. Two
changes in the Agreement were recommended and the changes will be included prior
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IIIto submission to MN/DOT. Parranto moved, Smith seconded a motion, to approve
the Agreement, subject to the approval of the City Engineer and City Attorney.
All members voted yes except Wachter who abstained.
PROJECT #225 WESCOTT ROAD STREET IMPROVEMENTS. A preliminary report for Pro-
ject #225 consisting of street improvements on Wescott Road was submitted by the
City Engineer. Smith moved and Wachter seconded a motion, with all members voting
yes, to accept the report and to set a public hearing for April 18, 1978, at 7
p.m. at the City Hall.
PROJECT #227 EAGANWOOD ADDITION UTILITIES. Wachter moved and Egan seconded
a motion to accept the preliminary report prepared by the City Engineer covering
Project #227 and that a public hearing be advertised and scheduled for April 18,
1978 at 7 p.m. at the Eagan City Hall. All voted in favor.
PROJECT #193 DEEP WELL PUMP HOUSE NO.5. The contract for Deep Well Pump
House No. 5 was reviewed by the Council. Smith moved and Parranto seconded a
motion, with all members voting in favor, to approve the execution of the contract.
PROJECT #226 R. L. JOHNSON ADDITION SEWER. A small sewer project for the
R. L. Johnson Addition consisting of the Project #226 preliminary report was sub-
mitted by the City Engineer. Wachter moved and Egan seconded a motion, with all
members voting in favor, to accept the preliminary report and to schedule a hear-
ing for April 189 1978 at 7 p.n. at the City Hall. The City Administrator was
requested to check with the developer of the property to determine whether a
waiver of the hearing could be acquired.
PROJECT #228 OAK CHASE 4TH ADDITION IMPROVEMENTS. Wachter moved and Egan
seconded a motion to accept the preliminary report prepared by the City Engineer
for Project #228 consisting of improvements in Oak Chase 4th Addition, and that
IIIa public hearing also be scheduled for April 18, 1978 at the City Hall at 7 p.m.
All members voted yes.
PROJECT #224 CHES MAR 4TH AND 5TH ADDITIONS UTILITY PLANS. The City Engineer
submitted the plans and specifications for Ches Mar 4th and 5th Additions' utili-
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ties and recommended approval. Wachter moved and Smith seconded a motion, with
all members voting yea, to accept the plans and specifications and to authorize
the Clerk to advertise for bids to be opened on April 14, 1978 at 3 p.m. at the
City Hall.
PROJECT #224A PLANS. The Engineer submitted plans for Project #222 consist-
ing of Blackhawk Road sanitary sewer improvements and Project #224 consisting of
Ches Mar 4th and 5th Additions' utilities. Parranto moved and Wachter seconded
a motion to consolidate Projects #224 and #222 for bidding into Project #224A,
to approve the plans and specifications, and authorize the Clerk to advertise
for bids to be opened at 3 p.m. on April 14, 1978 at the City Hall. All members
voted yea.
PROJECT #214 PLANS - SIBLEY TERMINAL INDUSTRIAL PARK. A set of plans and
specs for Project #214 consisting of storm sewer improvements in the Sibley Ter-
minal Industrial Park area near Highway #13 were next reviewed. Parranto moved
and Egan seconded a motion, with all members voting yea, to approve the plans and
specifications and to advertise for bids to be opened on April 14, 1978 at 3 p.m.
at the City Hall.
PROJECT #217 EAGAN HILLS NORTH UTILITIES CONTRACT. The contract for Project
#217 consisting of utilities for Eagan Hills North-Hilltop Estates was next sub-
mitted and recommended for approval. Upon motion by Smith, seconded by Wachter,
all members voting yes, it was RESOLVED that the contract be approved and
ordered executed.
COUNTY ROAD #63 RAILROAD AGREEMENT. An agreement between the Chicago &
Milwaukee Railroad for installation of sanitary sewer and storm sewer near County
Road #3 was next reviewed. The City Engineer and City Attorney recommended ap-
proval. Wachter moved and Parranto seconded a motion to approve the agreement
and order its execution and approve the payment of $300 to the Railroad pursuant
to the agreement. All members voted favorably.
REVISED GRADE CROSSING AGREEMENT- COUNTY ROAD #63. A revised agreement with
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the Chicago & Milwaukee Railroad on the basis of a trustee being appointed as
receiver for the Railroad was next considered by the Council covering the grade
crossing at County Road #63. Egan moved, Smith seconded a motion and all members
voted yes, to approve and order the agreement to be signed.
DONALD KNIGHT, 1455 HIGHVIEW AVENUE. Donald Knight appeared and expressed
his concern about the use of the 30 foot easement on his lot in Highview Addition
by the property owner immediately to the East of the Knight residence. It was
noted an additional 30 feet of right-of-way had been dedicated at the time of
approval of the plat for the property to the East on Highview. Mr. Knight ob-
jected to the use of the 30 foot improved roadway on his side of the right-of-way
until the entire street is brought up to City standards. It was also noted there
is a setback problem for the proposed new residence. The matter was referred to
the Building Inspector for review and report to the Council.
PEOPLES GAS - PSC ORDER. City Attorney Hauge reviewed with the Council the
Order, including Findings of Fact, Conclusions of Law from the Public Service
Commission concerning the Order to Show Cause relating to Peoples Gas franchise
in Eagan. The 31 page document included an Order that the Commission determined
it did not have jurisdiction to realign franchise areas or reallocate existing
peak shaving capacity. It was noted, however, that the Peoples Gas tariff before
the PSC for additional main extensions and new residential gas connections has
now been approved by the PSC. The Council acknowledged the receipt of the Find-
ings of Fact and the Order of the PSC and took no action. The City Attorney
explained the provisions for rehearing before the PSC and appeal of the PSC's
Order.
MAJOR STREET FINANCING. A revised resolution originally approved by the
Council on February 14, 1978, was reviewed by City Council members. Smith moved
and Wachter seconded a motion to accept the revised resolution, dated February
14, 1978, and adopt it as the official major street construction financing pro-
gram for the City. All Council members voted yea.
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PERSONNEL CONSULTING SERVICES. City Administrator Hedges is preparing a
report for the Personnel Committee concerning the position of Public Works Direc-
tor and its recommendations will be submitted to the Council at a later time.
SCHOOL DISTRICT #196 BUILDING PROGRAM. Council members discussed the Dossi-
bility of future District #196 school sites to be located within the City of
Eagan. The Administrator was requested to discuss with District #196 adminis-
trators the possibility of a meeting with the City Council regarding the location
of schools within the City.
STAFF SECRETARY. The City Administrator and City Clerk recommended that the
Council approve the hiring of a secretary for the Zoning Administrator, Building
Inspector, Fire Marshall and the new Public Works Director from funds allocated
for conducting a search for a City Engineer, which funds will not be necessary
under the present search procedure. Wachter moved and Egan seconded a motion
to authorize the advertising for a secretary for the staff as proposed. All
members voted yes.
PARA TRANSIT. City Administrator Hedges indicated the preliminary applica-
tion of an Eagan-Burnsville-Apple Valley para transit demonstration grant was
ready for submission to MN/DOT. The demonstration project would include 90%
MN/DOT funding for one year and if approved by the Council, would involve about
$2,000 of City funds for 1979. Under this Joint Powers Agreement, the three
cities would operate the system. Smith moved and Egan seconded a motion to
authorize the submission of the preliminary application to MN/DOT subject to
its receiving similar endorsement from Apple Valley and Burnsville; and further
resolved to request the support of the MTC Board of Commissioners for the pro-
posal. It was understood there was no commitment by the City of Eagan at the
present time for funds. All members voted in favor.
JOHNNY CAKE ROAD SPEED LIMIT. There was discussion concerning a proposal
to reduce the speed on Johnny Cake Ridge Road to 45 mph similar to that proposed
in Apple Valley on the same street. Smith moved and Wachter seconded a motion
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to authorize the City staff to acquire signs to be installed on Johnny Cake Road
noting the 45 mph speed limit. MN/DOT has now approved the reduction speed to
45 mph.
SPECIAL COUNCIL MEETING. Smith moved and Wachter seconded a motion to desig-
nate a special Council meeting for Monday, March 27th at the City Hall at 5 p.m.
to review and act on group health insurance bids.
BLACKHAWK ROAD IMPROVEMENTS. A letter from MN/DOT requesting consideration
by the Council whether it would authorize MN/DOT to improve a portion of Black-
hawk Road from Cliff Road 1,000 feet Northerly which is not included in the plans
for the 35E improvement area. The estimated cost would be $100,000. Upon motion
by Parranto, seconded Wachter, all members voting in favor, it was RESOLVED to
refer the Blackhawk Road proposal to the City Engineer for review and report to
the Council at the next meeting.
CLEARVIEW ADDITION UTILITY IMPROVEMENTS. There was discussion concerning
utility improvements in Clearview Addition, it appearing that certain owners in
the Addition were interested in the installation of utilities by the City.
Because of the proposed 35E improvements, upon motion by Wachter, seconded
Parranto, all members voting yes, it was RESOLVED that the Engineer be authorized
to prepare an updated feasibility report concerning the utility improvements in
the area and to report to the Council.
DUCKWOOD ESTATES IMPROVEMENT PROJECT #221. The City Attorney requested a
resolution of the Council concerning receipt of the preliminary report for Pro-
ject #221. Upon motion by Smith, seconded Wachter, all members voting in favor,
it was RESOLVED that the Council resolve to amend its minutes of November 1, 1977
to indicate that the City Council received and accepted the preliminary report
for Improvement Project #221 sanitary sewer, water, storm sewer and street im-
provements in Duckwood Estates.
VOUCHERS. Upon motion by Wachter, seconded Parranto, all members voting yes,
it was RESOLVED that the vouchers according to the following schedule be author-
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ized to be paid: 409 - 418; 5924 - 5998; 8921 - 9041.
ADJOURNMENT. Wachter moved and Smith seconded a motion, with all members
voting yes, to adjourn at 12:10 p.m.
DATED: March 21, 1978.
City Clerk
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