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02/21/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 21, 1978 A regular meeting of the Eagan City Council was held on February 21, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Egan, Parranto, Smith and Wachter. Also present were: City Administrator Hedges, City Clerk Bolke, City Engineer Rosene, and City Attorney Hauge. AGENDA. Steve Mattsson of Juran & Moody, Inc. appeared and requested that he be permitted to make a proposal concerning refunding of the Eagan G. 0. Bonds. There was no motion to permit him to be on the agenda and, therefore, the pro- posal was not accepted as an agenda item. Smith then moved and Egan seconded a motion, with all members voting in favor, to adopt the agenda as revised. MINUTES. The minutes of the February 7th and February 14th, 1978 Council meetings were reviewed. Smith moved and Wachter seconded a motion, with all members voting in favor, to approve the minutes with the understanding that the Resolution attached to the February 14th minutes regarding major street financing may be revised and resubmitted to the Council. FIRE DEPARTMENT - FIREMEN'S RELIEF BILL. Members of the Fire Department, including the Fire Chief, appeared regarding the proposed change in the Firemen's Relief Pension benefits. It was noted that on February 24, 1978, a hearing will be held before a House subcommittee concerning the Eagan special legislative bill relating to Firemen's Relief. After discussion, Wachter moved and Smith seconded a motion that the Council authorize the sum of $150 as the maximum monthly bene- fit for firemen in the event that the 1978 legislature passes the special legis- lative bill. Parranto then moved to amend the motion that the contribution of the City remain level unless otherwise changed by the Council. There was no second and the amendment died. Smith then moved and Parranto seconded a motion to amend the original motion to read: $160 per month for a one year period and that the Minnesota Legislature be requested to increase the pension limit to double the present amount including $160 per month for 20 years' service. All 2-21-78 members voted in favor of the amendment replacing the original motion. REAL ESTATE TAX ABATEMENTS. John O'Toole of the Dakota County Assessor's office appeared with a list of proposed abatements for real estate tax according to his letter dated February 11, 1978. Wachter moved and Egan seconded a motion, with all members voting in favor, to approve the six abatements as recommended. PUBLIC WORKS POLE BUILDING. The bids for the proposed public works pole building were reviewed and it was recommended that the low bid of Fredrickson Lumber & Construction, Inc. of Lakeville in the sum of $13,000 be accepted and awarded. Wachter moved and Parranto seconded a motion that the low bid be awarded to Fredrickson Lumber & Construction, Inc. All members voted in favor. BOCCE BALL SETS. Park Director Barbara Schmidt stated that the City can receive four additional bocce ball sets from Governor Perpich's bocce ball pro- gram. It was noted that two sets had been received in 1977. Smith moved and Wachter seconded a motion, with all members voting yes, to adopt a resolution authorizing the bocce ball request through the Governor's bocce ball program. SPEED ZONE - LONE OAK ROAD,, COUNTY ROAD #30. The City Administrator read a letter from the Pilot Knob School P.T.S.A. recommending a reduction of speed limit on Lone Oak Road in the neighborhood of Pilot Knob School. A letter also from the superintendent of School District #197 requesting the same reduction was read to the Council. It was noted that a petition must be sent through Dakota County requesting that the county ask for a reduction in speed limit through MN/DOT. Mr. Glen Von Wormer of MN/DOT had been asked to be present at the meeting, but was unable to be present. A number of neighboring residents appeared strongly recommending a reduction in the speed limit on Lone Oak Road. Egan moved and Parranto seconded a motion, with all members voting in favor, to request the county to petition MN/DOT to conduct jN speed surveys on Lone Oak Road and also on County Road 430 between Rahn Road to Cedar Avenue; and further, that Mr. Von Wormer be requested to be present at the regular Council meeting -2- 2-21-78 on March 7th to discuss the speed zone in those areas. Certain neighbors re- quested that the county be asked to place additional signing for traffic control on Lone Oak Road. REFUNDING G. 0. BONDS. Mr. Ernie Clark of Miller & Schroeder appeared, to- gether with a representative of Piper, Jaffray & Hopwood, the latter of which would act as an underwriter for approximately $1,800,000 in refunding improve- ment bonds covering 1974, 1975 and 1976 bond issues. After discussion, Mr..Clark recommended that the Council adopt a resolution setting a sale date. Smith moved and Parranto seconded the motion to proceed with the refunding as proposed by Miller & Schroeder and that the Clerk be authorized to advertise for bids to be opened on March 13, 1978 at 12 a.m. at the City Hall and that a special Council meeting be scheduled for 5 p.m. on March 13th at the City Hall to consider the award of the bid for the refunding issue. All members voted in favor. 1977 PARK IMPROVEMENT PROJECT. The minutes of the special meeting of the Advisory Planning Committee of February 16th were reviewed recommending that the tennis court alternative be reduced from the low bid of Richard Knutson, Inc. for the 1977 park improvement project in the sum of $211,049.92. The alternate would reduce it by $2,075 and it was further recommended that a hockey rink and play area be deleted in the amounts of $12,852 and $3,900 for a balance of $192,222.92. $211,049.92 Less tennis court 2,075.00 $208,974.92 Less hockey rink 12,852.00 Less play area 3,900.00 Balance $192,222.92 The hockey rink and play area would be deleted by change order. Wachter moved and Parranto seconded a motion, with all members voting in favor, to authorize the award of the contract to the low bidder, Richard Knutson, Inc., in the sum of $211,049.92 less the tennis court alternate of $2,075. It was understood the Park Department will have to spend an additional $6,550 from park bond funds for the hockey rink and play area. Smith then moved and Wachter seconded a motion - 3- 2-21-78 to direct the Engineer to negotiate change orders for the two deletion items as proposed by the Park Committee. All members voted yes. In addition, the City Engineer recommended a sharing of construction costs for the road to the Deep Well No. 5 Pump House with $2,500 to be paid from the Water.!Supply and Storage Fuhd because of the joint benefit of the road. Parranto moved and Smith seconded a motion to authorize the transfer of $2,500 from the Water/Supply and Storage Fund to the Park Fund for the use in construction of the road to beep Well No. 5. INDUSTRIAL REVENUE BONUS A14D NOTES. Councilman Mark Parranto of the Finance Committee, together with Councilman Jim Smith, reviewed a memorandum entitled "Proposed Minimum Guidelines for Authorization for Issuhnce of Industrial Revenue Bonds and Notes for the City of Eagan". The following minimum guidelines will be required before the Eagan City Council would consider the authorization of industrial revenue bond financing: 1) The proposed project should have a minimum value of $500,000. 2) The project must be in compliance with the Comprehensive Plan of the City of Eagan. 3) The project must be considered by the Eagan City Council, to be of benefit to the entire City of Eagan. 4) For housing projects, a minimum of 1% of the total units, with a minimum of 1 unit per project, shall be made available for rental as subsidized units under the Dakota County Scattered Site Housing Program. The Finance Committee also recommended the approval of the issuance of the indus- trial revenue notes for the Robert L. Johnson 152,000 square foot warehouse located at 3089 Sibley Memorial Highway with certain conditions. Parranto moved and Smith seconded a motion to authorize the City Council to proceed with the issuance of industrial revenue notes for the Robert L. Johnson project provided all state statutes are complied with and in addition the following: a) That a satisfactory legal opinion from a qualified bond approving firm be submitted to the City Administrator stating that the project is technically feasible and legal in light of the fact that the construction has already been commenced. -4- 2-21-78 b) A certified letter from one or more financial institutions that they intend to purchase the Robert L. Johnson industrial revenue notes. All members voted in favor of the motion. WENZEL PLUMBING AND HIGHSITE INDUSTRIAL REVENUE BONDS. The Finance Committee members recommended a continuance of two weeks so that additional study concerning traffic patterns, influx of students for schools and other issues can be reviewed before A final recommendation is made by the committee. Smith moved and Wachter seconded a motion to continue the matter until the recommendation of the Finance Committee is submitted. All members voted yes, except Wachter who voted no. CITY COUNCIL SMOKE BREAKS. Councilman Wachter suggested and the other councilmen agreed that smoke breaks for five minutes be authorized at about 8 p.m. and about 10 p.m. during each City Council meeting. ROBERT CLARK - 3856 RIVERTON AVENUE. Mr. and Mrs. Robert Clark appeared re- garding a complaint from a property owner adjacent to the Clark property that they have four dogs, that they are not licensed and that they were continuously barking. The Animal Warden called on the residence on three different dates and it's understood that three of the four dogs have now been licensed. Mr. Clark asked that a waiver of the Eagan kennel requirement under Ordinance #5 be granted to permit four dogs. Council members suggested that if Mr. Clark could receive consents signed by all affected adjoining neighbors, that the consents could be submitted to the Council, together with an appropriate application for waiver of the applicable ordinances, would be considered by the Council. MALLARD PARK 1ST ADDITION. A representative of Tom Willmus Associates appeared with the proposed final plat for Mallard Park 1st Addition. Park Director Schmidt requested permission to walk the proposed trail location through the subdivision because of the Lawcon grant restrictions. The City Attorney also recommended that a final determination be made concerning dedica- tion of easement for park land and also it was understood that the dedication would cover the property from the East to the West line of the Willmus property -5- 2-21-78 at the present time. Smith moved and Wachter seconded a motion that the final plat be approved subject to a final recommendation from the Park Director concern- ing the area to be dedicated to the City and also approval by the City Attorney concerning the dedication of the park land and trail area across the entire Willmus property. All members voted in favor. CHES MAR 4TH AND 5TH ADDITIONS UTILITY PROJECT. The developer, David Gabbert, submitted a petition for a preliminary report and preparation of plans and specifications for utility improvements in Ches Isar 4th and 5th Additions. Parranto moved and Egan seconded a motion, with all members voting in favor, to accept the request and to direct the City Engineer to prepare the preliminary report and also prepare the plans and specifications for the project. PROJECT #221B - DUCKWOOD ESTATES AND EAGAN HILLS STREET IMPROVEMENTS. The bids concerning Project #221B covering street improvements in Duckwood Estates and Eagan Hills Addition opened on February 17th at 3 p.m. were reviewed by the Council. The City Engineer recommended the award of the Contract to the low bidder, McNamara Vivant Contracting Co. in the sum of $167,006. Smith moved and Egan seconded a motion, with all members voting in favor, to accept the recom- mendation of the Engineer and award the bid to McNamara Vivant Contracting Co. in the above amount. DEEP WELL NO. 5 - PROJECT #193 PUMP HOUSE. The bids received on February 17, 1978 at 3 p.m. concerning the Deep Well No. 5 pump house were next reviewed. The low bid of Lee Richert Plumbing & Heating Company in the sum of $68,985 was recommended to be approved by the City Engineer. Egan moved and Wachter seconded a motion, with all members voting aye, to award the contract to the low bidder, Lee Richert Plumbing & Heating Company. FEDERAL ANTI-RECESSION FUNDS. City Administrator Hedges announced that $904 has been received for the calendar quarter beginning October 1, 1977, as Federal anti-recession funds and recommended it be used for salaries in the General Fund. Wachter moved and Parranto seconded a motion, with all members -6- 2-21-78 voting yes, to accept the fudds and to authorize them to be designtited as salaries in the General Fund. W. R. JONES CONDITIONAL USE PERMIT. City Building Inspector Peterson had reviewed the conditional use permit for W. R. Jones on Cliff Road and stated that the conditional use permit expires on March 15th. Council approval originally required that a house be constructed on the property and that a 75 foot half right-of-way be granted for Cliff Road widening. It was noted that neither con- dition had been fulfilled and it was requested that Mr. Jones appear at the March 7, 1978 regular meeting to discuss the permit. POLICE OFFICERS PUBLIC RETIREMENT FUND. A proposed resolution was sub- mitted making all part-time and full-time Eagan city patrolmen eligible as Eagan police officers for coverage under the Public Employees Police and Fire Fund of the State of Minnesota. Wachter moved and Parranto seconded a motion, with all members voting yes, to approve the resolution. RICHARD M. GIEFER PUBLIC IMPROVEMENTS. A letter from Richard M. Giefer requesting a feasibility study for City improvements and utilities for the pre- liminary plat South of Duckwood Drive was next discussed. Egan moved and Wachter seconded a motion that the City Engineer be authorized to prepare a feasibility study for the utilities and street improvements covering the single family area only. All members voted yes. SIGN PERMIT - HOLLIS ORR. Mr. Hollis Orr requested permission to place on City property a real estate "For Sale" sign covering the 20 acres owned by Mr. Orr East of the police facility site. Smith moved and Egan seconded a motion to grant the request to be limited to a one year period or until it is sold, whichever is sooner, with the understanding it will be placed on the South side so as not to interfere with the construction work on the City site. All members voted yes. WOODGATE 3RD ADDITION. A request from the developer of Woodgate 3rd Addi- tion that the development bond be reduced to cover only the remaining improve- -7- 2-21-78 ments yet to be installed was submitted. The City Engineer recommended it be re- duced to $27,000. Smith moved and Wachter seconded a motion to accept the recom- mendation of the Engineer and reduce the bond. All members voted yes. INSURANCE COMMITTEE REPORT. City Administrator Hedges stated that the Insurance Committee had ret a number of times during recent weeks to study the health, life and disability insurance plan which current plan will expire as of April 1, 1978. He stated that Mutual Insurance, which is the present carrier, has indicated that because of the excellent experience rating there will be no rate increase for the program beginning April 1, 1978. There were suggestions to revise the coverage, including maternity coverage and dental insurance, and to offer certain options to employees. The committee recommended that the Council authorize bids to be taken and to review the bids before final action with the understanding that Mutual Service has given a firm bid with no increase in premium for the coming year. Smith moved and Egan seconded a motion, with all members voting in favor, to authorize the Clerk to prepare specifications for the health, life and disability benefit program and to advertise for bids to be opened on March 16, 1978 at 3 p.m. at the City Hall. CEDAR AVENUE FRONTAGE ROAD. A proposed resolution concerning the con- struction of a frontage road along the proposed Cedar Avenue was submitted by the City Administrator. Smith moved and Wachter seconded a motion, with all members voting in favor, to adopt the resolution, a copy of which is attached to these minutes. CITY COUNCIL TAPES. Mr. Hedges requested whether the City Council wanted the tapes that were made at the City Council proceedings in January to be kept and stored or whether they should be erased. Parranto moved and Smith seconded a motion to authorize the erasing of the tapes of the January meetings. All members voted yes. LANDFILL REAL ESTATE TAX. Resolutions from adjoining city councils en- couraging the Minnesota Legislature to amend M.S.A.272.02 to provide for normal - 8- 2-21-78 real estate taxation Or the charge of license fees on landfill sites within muni- cipalities was discussed, but no action was taken. WESCOTT ROAD, hCIWTY. ROAD #63. The City Engineer submitted change order No. 1 for $300 providing for a railroad protective liability policy covering the improvements at the railroad right-of-way on the Chicago, Milwaukee Railroad tracks on County Road #63 as requested by the railroad. Smith moved and Wachter seconded a motion to approve the change order with the policy to be acquired through the contractor on the project, Fischer Construction Co. All members voted yes. OAK CHASE PARK ASSESSMENTS. The City Clerk indicated that the sum of $8,436.27 for assessments, including interest on land acquired by the City for park purposes in Oak Chase Addition are outstanding and requested authorization as to which fund to be used to pay the assessments. Parranto moved and Egan seconded a motion to amortize the principal on the assessments and to abate the interest on the assessments. All members voted in favor. VOUCHERS. Egan moved and Parranto seconded a motion that the following vouchers be authorized to be paid: 398 - 408; 5754 - 5841; 8732 - 8849. All members voted in favor. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at 11 p.m. All members voted in favor. PHH ff DATED: February 21, 1978 7--7 -9-