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08/07/1979 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 7, 1979 A regular meeting of the Eagan City Council was held on August 7, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Egan, Parranto, and Wachter. Councilmember Smith arrived later in the meeting. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA After the Pledge of Allegiance, upon motion by Eagan and seconded by Wachter with all members voting in favor, it was RESOLVED that the agenda be approved as distributed with the addition of Mr. and Mrs. Al Zietz and the report of the insurance agent for the City, Erv Helmken, to the agenda. MINUTES Upon motion by Wachter and seconded by Egan, all members voting in favor, it was RESOLVED that the minutes be approved with the exception that on Page 2, Mayor Murphy indicated that he would reluctantly vote no on the fire hall improvements because of the differential between the amount certified by the architect for the bond referendum and the low bid. MR. AL ZEITZ - TACONITE TRAIL Mr. and Mrs. Al Zeitz of 1771 Taconite Trail appeared with a petition from neighboring property owners of the property at 1770 Taconite Trail objecting to the vacant house and the nuisance that is being created in addition to hazards around the house. It was noted that the property was owned by Kleven Floor Covering and that the house has now been unoccupied for about 7 years. Wachter moved and Murphy seconded the motion, all members voted in favor, to take the necessary steps under the Hazardous Building* Act to correct the problems and to authorize notice to be sent by the City Administrator under M.S.A. 463.16 because of the hazardous conditions of the home on the basis of the petition and the facts reviewed. CITY HEALTH INSURANCE Mr. Ervin Helmken appeared as the agent for the City regard- ing the Mutual Service Insurance Company health and accident insurance policy and indicated a $10,472 dividend for the policy period January 1st through December 31, 1978. He also indicated that the premiums had stabilized for another year. POLICE DEPARTMENT Police Chief DesLauriers was present. Council Meeting ®02.90 Page Two August 7, 1979 1. Squad Car Purchase. He recommended that the Council authorize preparation of specifications for bidding on two new squad cars for the Police Department and trade-in of two used squad cars. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the recommendation. 2. Physical Fitness Training Course. Mr. DesLauriers requested authority from the Council to send Ken Conyers of the Police Department to the Physical Fitness Training Course in Dallas, Texas, beginning September 10. It had been tabled from a previous Council meeting and he requested reconsideration. Wachter moved and Egan seconded the motion, all members voted yes, to approve the request subject to sufficient budgeted funds for the schooling. 3. Advocates for the Blind. A letter was received from Advocate for the Blind, Inc., requesting a painted crosswalk on Carnelian and a pedestrian crossing sign for blind persons. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the recommendation noting that Mr. and Mrs. James Wika live close to that intersection. PARK DEPARTMENT Park Director Schmidt appeared. 1. Coachman Oaks Park Grant. Park Director Schmidt indi- cated that federal approval was given for the federal portion of the grant award in the amount of $66,500 for purchase of park land in Section 9. The contract for the State share in the amount of $33,250 was authorized on July 17th and she indicated that the City share of 25% can be offset part by cash collected in lieu of land. After recommendation by the Park Director, upon motion duly made by Parranto and seconded by Wachter, all members voting yes, it was RESOLVED that the Mayor and City Clerk be authorized to sign and execute the Lawcon contracts and authorize the City Attorney to begin negotiations with Rosewood Corporation and the fee owners for the purchase of the park land on Coachman Oaks Road. 2. 1979 Shade Tree Program Application. Barbara Schmidt recommended that an advisory group for reforestation projects in order to obtain funding assistance be approved and further that the 1979 shade tree program application be approved. Upon motion by Wachter and seconded by Egan, all members votin yea, it was RESOLVED that the 1979 shade tree program application be approved and further that the Eagan Advisory Park Committee be designated as the advisory committee on reforestation. Councilmember Smith arrived at this time. R 79-55 Council Minutes Page Three QQ191 August 7, 1979 3. Weed Spraying Contract. The Park Director requested the low quote of Comstock Spraying Service for broadleaf weed control in the City be approved. Wachter moved and Egan seconded the motion, all members voted in favor, to accept the low quote and award the contract to Comstock Spraying Service and to authorize the execution of the agreement. D 79-97 4. Thomas Lake Park Trail - Spur Change Order. It was recommended by the Park Director that the change order for the construction of a supplementary trail from the Hghline Trail into Thomas Lake Park area be approved in the sum of $10,530.18 to Improvement #79-4. Egan moved and Smith seconded the motion, all members voted in favor, to approve the change order. 5. Park Maintenance Employee. It was further recommended that Steve Taylor be hired as a replacement park maintenance employee and upon motion by Smith and seconded by Wachter, all members voting in favor, the recommendation was approved. 6. Capital Equipment Purchases. Barbara Schmidt and Tom Colbert recommended approval of the capital purchases recommendations including front mounted mower and trailer, 24 G.V.W. dump truck with stake box and accessories and 12 foot utility trailer. Wachter moved and Smith seconded the motion to advertise for bids for the foregoing equipment. All members voted in favor. BEECHER AND LENORE STREET IMPROVEMENTS Councilmember Wachter indicated that residents along Beecher and Lenore Streets requested that the Council order a feasibility study for completing the improvement of the two streets. Wachter moved and Murphy seconded the motion, all members voted in favor, to order a feasibility report at the request of the homeowners and by the City Engineer and report back to the Council. HIGHWAY #13 AND SHAWNEE ROAD STOP SIGNAL Councilmember Wachter recommended that a stop signal be requested through the State of Minnesota at the intersection of Highway #13 and Shawnee Road near the LaFonda Restaurant because of heavy congestion. The staff was requested to proceed with the request throgh Mn/DOT. PILOT KNOB HEIGHTS FOURTH ADDITION AND DREXEL HEIGHTS ADDITION UTILITY IMPROVEMENTS Public Works Director Colbert reviewed with the Council findings of the Public Works Committee concerning maintenance problems with the existing sanitary sewer and water main systems in Drexel Heights and Pilot Knob Heights Fourth Addition over the past several months. He stated that a portion of the lines had been Council Minutes 001-!)z Page Four August 7, 1979 televised to determine the condition and there was a rough estimate of about $70,000 worth of reconstruction work because of defects in the systems. The Public Works Committee recommended that notice be sent to potential responsible parties which has been done by the City Attorney. The City Engineer and Public Works Director are preparing a report for bidding purposes for the restoration repair of the work. Mr. Colbert stated as did Councilmember Wachter that it is critical that the work be done as quickly as possible and the Public Works Committee recommended that emergency powers be used to proceed to acquire quotes for the improvements and that construction begin at the very earliest possible time pursuant to M.S.A. 412.311 under the Uniform Municipal Contracting Act emergency provisions. He also recommended that Drexel Heights be given a first priority and solicitation of quotations be made on a time and material basis because of the uncertainty of the nature of the defects. Reasons included the fact that a number of property owners intend to build soon, the contractor for the completion of the road improvements is ready to begin construction and the weather will become adverse before many months. Smith moved and Wachter seconded the motion to authorize the Public Works Director and City Engineer through the City Clerk to solicit quotes as recommended and to instruct the City Attorney to take necessary legal steps to recover any of the costs to the City from responsible parties involved in the construction and installation of the original improvements under Project #154. All members voted yes. COUNTY ROAD NO. 31 BIKE TRAIL PROJECT Mr. Colbert and Park Director Schmidt reviewed the project and recommended that final acceptance for payment of the County Road #31 bike trail project be approved. Wachter moved and Parranto seconded the motion, all members voted in favor, to accept for maintenance the bikeway construction on County Road #31 and to authorize the third and final payment in the amount of $2,738.77 for a total contract construction cost of $21,112.53. PROJECT #279 - FISH LAKE STORM SEWER OUTLET The Mayor next convened the public hearing regarding Project #279 at 7:30 p.m. concerning an outlet for storm drainage from Fish Lake. The Park Committee recommendation was also reviewed and accepted by the Council. City Engineer Rosene explained the project in great detail including Public Works Director Colbert. It was noted that many trees have died due to the lake level and Councilmember Smith discussed the potential need to prepare the feasibility study on storm drainage from Blackhawk Lake. Mr. Colbert reviewed the impact on the park trail around Fish Lake and stated that the 842 foot level covered all trail easements that have been acquired by the City around the lake. A large number of affected property owners were present most of whom favored a higher lake level. The City had proposed a 15 foot green strip for trail purposes and the Public Works Department Council Minutes 001.93 Page Five August 7, 1979 and Park Department recommended elevations lower than the normal high water level set by the Department of Natural Resources. Mr. Kent Lokkesmoe, the regional hydrologist for the DNR was present and there was discussion concerning potential property damage because of the level being set at 843.6 as the ordinary high water level and the City staff recommended the overflow outlet for the lake be set at 842.1. There was disucssion concerning setting the normal high water level by the DNR; apparently this had been done but a public hearing had not been held for that purpose. It was noted that it was necessary to go to 839 feet above sea level for useable park trails. Smith moved and Parranto seconded the motion to close the hearing and order in the project providing for the overflow outlet at 842.1 feet and provide that the outlet pipe be constructed to permit increases in water level in the future. All members voted in favor of the motion and the hearing was concluded at 8:45 p.m. CHES MAR DRIVE STORM SEWER SYSTEM Mr. Hedges reviewed briefly the history of the Ches Mar Drive storm sewer problems particularly over the Jarvi and OCell property. Mr. and Mrs. Ocell and Mr. Jarvi together with Mr. Jarvi's attorney, William Howard, were present. The report of Mr. Colbert dated July 13, 1979, presenting three alternatives to attempt to provide for additional capacity for the overall drainage system and methods of financing were reviewed in detail. It was noted that all improvements have been constructed in accordance with normal City storm sewer design. Also present was Mr. David Gabbert, the developer. Mr. Colbert recommended an overland drainage swale over the Jarvi property in addition to any one or more of the three alternates and estimated the swale at 10% addition cost. The Ocells were in favor of alternate #3 with incorporates of both alternates #1 and #2 with a slight change and Mr. Jarvi favored alternate #1 but preferred that the City not install a drainage swale over his property. After extended discussion, Smith moved to install alternate #1 because it did not appear that the necessary easements can be acquired, that there is no willingness of the Jarvis or Ocells to participate in the cost needed to proceed under alternate #2 or #3, that the necessity to proceeding rapidly with the project, that there was no consensus by the Jarvis and Ocells as to which alternate was mutually acceptable and improvements for alternate #1 would be paid by the City. Wachter seconded the motion, all members voted in favor. Parranto then moved that the City pursue the normal legal recourse against the developer because of the uncertaintyi as to any liability for damages to either the Ocell or Jarvi property regarding any actions for damages being brought against the City by either party. Wachter seconded the motion and all members voted in favor. D 79-98 Council Minutes Page Six 0011 94 August 7, 1979 NIAKWA, INC.- WINDCREST ADDITION Mr. James Hill appeared on behalf of the Niakwa, Inc. application for preliminary plat approval of Windcrest Addition and rezoning of the 80 acre parcel to provide for Planned Unit Development including 18 acres of single family, 7.5 acres resi- dential duplex and 38.7 acres of residential townhouse. The APC, after several meetings, recommended approval subject to conditions. It was understood that the applicant had revised its application for rezoning to PUD rather than specific residential zoning categories. A large number of affected neighboring property owners were present most of whom objected to the proposal. The Council reviewed the drainage area and the park land and there were questions concerning the development of the property to the west and also the tying in of the trail from the Eagan property to the northwest. There was strong concern by Councilmembers and neighboring property owners concerning access from single family lots to Deerwood Drive which would be coming from a minor collection street and in addition, the proposed extension of Denmark Avenue through the plat. Neighbors and Councilmembers objected to the direct access to Deerwood in particular and in addition, to the extreme steepness of the terrain from the lots bordering Deerwood to the street. It was recommended that the cul-de-sac in the southwest corner be extended westerly to avoid the necessity of access from single family lots directly to Deerwood. Mr. Novak appeared along with Mr. and Mrs. Raco Altobelli, property owners on Deerwood, with a petition signed by most affected Deerwood owners requesting a delay in the approval of the project by the Council until the exact nature of the Deerwood upgrading is determined. He cited numerous reasons for objections some of which were included in the petition. Also there were objections to the installation of townhouses on the south side of Wescott Road which would destroy the R-l development between the Timbershore Townhouses and the proposed townhouses in Windcrest Addition. After lengthy discussion, Councilmember Smith moved and Murphy seconded to deny the application for preliminary plat approval for reasons including those cited above and in addition, the fact that the plan does not properly take into account the need for planning for access and development of the property to the west, that the quads appear to be too dense in the development, that the driveways onto Deerwood Drive are not planned properly, the objections of the neighbors including the fact that the scale of Deerwood Drive should be reviewed, questions as to the density of the entire development, that there are an excessive number of driveway entrances directly on to Denmark Avenue which could cause considerable congestion and the need for additional study of the entire plat in light of terrain problems, highway problems, future development to the east and west, and etc. All members voted in favor, There was no action taken on the application for rezoning. Council Minutes Page Seven 0495 August 7, 1979 CHES MAR EAST SECOND AND THIRD ADDITIONS Mr. David Gabbert appeared on behalf of the application of Gabbert Development Company for preliminary plat approval of Ches Mar East Second and Third Additions. The Second Addition contains 24 single family dwellings and the Third Addition contains 21 duplexes or 42 units. The recommendation was being made by the Council and the City Engineer that no excavation for any building be accomplished until adequate drainage provisions are completed to the staff's approval. Mr. Gabbert indicated that there would be no need for variances within the plat and that all lots will be buildable without variances. Smith moved to approve the preliminary plats including the recommendations of the Advisory Planning Commission with the understanding, however, that all lots will meet required setbacks and no variances will be required for construction; further, that adequate drainage facilities will be provided before any excavation within either plat. Parranto seconded the motion and all members voted in favor. D 79-99 CANTERBURY FOREST PRELIMINARY PLAT Mr. Rod Hardy appeared on behalf of the application of Dunn and Curry Real Estate Management, Inc., for preliminary plat approval of Canterbury Forest located in Lexington South PUD. He explained the project in detail and the APC recommended approval subject to certain conditions. Mr. Hardy indicated that the plan of the developer is to move ahead with the utility and street improvements privately under the City's supervision and approval. He stated that no variances will be required for construction of homes in the single family development. Wachter moved and Egan seconded the motion to approve the application subject to the APC recommendations including the fact that the developer will clear and construct the trailway including surfacing. All members voted in favor. D 79-100 THOMAS LAKE HEIGHTS ADDITION Mr. Hardy also appeared on behalf of the application of Dunn and Curry Real Estate Management, Inc., for preliminary plat approval of Thomas Lake Heights Addition in Blackhawk Park PUD. The 100 acre parcel would contain 150 single family lots and two large outlots together with an outlot for access to the Heine Lake Addition for trailway. Mr. Hardy indicated that he did not expect that there would be any development in 1979. Two cul-de- sacs exceed the 500 feet but there were no objections from the City staff because of the length of the cul-de-sacs. There was consid- erable discussion concerning the request that certain lots be narrower than the 85 feet minimum and there were concerns by Councilmembers whether the purchases of the lots including the Council Minutes Page Eight August 7, 1979 individual homeowners would finacially benefit from the land cost for narrower than minimum lot sizes. There were questions as to whether Centex had passed on the savings of smaller lots to house buyers in Beacon Hill and Mr. Hardy indicated that he could not speak for Centex but that Dunn and Curry, in developing Beacon Hill, had sold lots at lower prices than would have been the case if lots had complied with the minimum lot requirements under the Eagan Ordinance. After discussion, Smith moved to continue the application until Dunn and Curry and Centex submit adequate information regarding the understanding reached between the developer, builder and City that the savings would be passed on to homeowners as described above in Beacon Hill so that a precedent will not be set for future subdivisions. Parranto seconded the motion and all members voted in favor, except Murphy who voted no. BEACON HILL ADDITION - COVINGTON LANE Mr. Hedges reviewed a question that had arisen by the Building Inspector as to whether Covington Lane which is a minor thorough- fare normally which would require 40 foot setbacks should be allowed 30 foot setbacks under the Beacon Hill PUD Agreement and contrary to City ordinance. Mr. Hardy indicated that 30 foot setback plans had been submitted to the City throughout the development stages and requested the variance. Murphy moved and Wachter seconded the tq,,Lane with the motion to allow 30 foot setbacks on Coving understanding, however, that no furthe44setbacks will be permitted on minor thoroughfares. All members voted in favor. Mr. Hardy indicated that Dunn and Curry will submit an addendum to the PUD agreement for Beacon Hill to comply with the change in the ordi- nance requirement. J.P.K. PARK COMPANY - NICOLS STATION PLAT Mr. Jean Parranto appeared on behalf of the application of J.P.K. Park Company for preliminary plat approval, conditional use approval to allow loading dock at 300 foot setback, conditional use permit for a detached bank facility, conditional use permit for two area identification signs and conditional use permit for pylon sign for Burger King Restaurant covering the Nicols Station Commercial Center at the southeast corner of County Road #30 and Nicols Road. Mr. Carlson of Howard Dahlgren and Associates appeared and explained the project as did Mr. Shook, the architect. A representative of Burger King was present and indicated that the brick work on the Burger King would match the shopping center building exterior. The APC recommended approval of all applications except denial of the Burger King conditional use permit for pylon sign. A number of neighboring property owners were present and there was discussion concerning the parking lot light fixtures. Mr. Smith recommended that there be only one"access at the north- west corner on Nicols Road to include the Q Petroleum station and shopping center and the developer indicated that there be no objection if arrangements can be made for a common driveway. Council Minutes Page Nine 001.9,7 August 7, 1979 Residents requested that the major building not be built in stages but Mr. Parranto indicated that although the intention is to build at one time it may not be possible to do so. Smith moved to approve the preliminary plat according to the recommendations of the Advisory Planning Commission and suggested that the major building be constructed at one time if possible; further, that attempt be made to provide for single access to Nicols Road at the northwest corner with the Q Petroleum station property; that the lighting plan be reviewed and that there be no adverse impact on the neighboring residents due to the lighting in the commercial center. Egan seconded the motion and all members voted in favor except Parranto who did not vote. Smith then moved and Wachter seconded the motion, all members voted yes, to approve the conditional use permit for area identi- fication signs according to ordinance requirements and that the application for conditional use permit with the suggestion to Burger King that a ground sign be installed; further, that the 300 foot loading dock conditional use permit be granted and conditional use permit for bank be granted. All members voted in favor. Mr. Parranto and other representatives requested whether the Burger King sign could be included with the area identification signs on County Road #30. No action was taken. D 79-101 FIRST MINNEHAHA NATIONAL BANK PRELIMINARY PLAT Mr. John Eban of Howard Dahlgren and Associates and Eric Iverson of First Minnehaha National Bank appeared regarding the application for approval of the preliminary plat for First Minnehaha National Bank on a part of Lot 1, Block 1, Pilot Knob Heights First Addition at Crestridge and Pilot Knob Road and for detail site plan approval. It was noted that in excess of six cars stacking per lane would be provided and a review of the project was discussed. It was noted that access from Duckwood will be provided by the opening of the bank facility. Wachter moved and Egan seconded the motion, all members voted in favor, that the application be approved subject to the APC recommendations, noting that there were no objections being made at the Council meeting. Mr. Iverson indicated that the bank will request a building permit prior to final plat approval in order to commence construction at the earliest possible time and due to delays to date. D 79-102 DAKOTA ELECTRIC STREET LIGHTING CONTRACT A five year standard street lighting contract to be executed between the Dakota Electric Association and the City of Eagan was submitted and recommended for approval by the Public Works Director and City Administrator. Smith moved and Wachter seconded the motion, all members voting yea, to approve the five year street lighting contract dated May 30, 1979, and to authorize the Mayor and City Clerk to execute the necessary documents. D 79-103 Council Minutes ~,0 Page Ten CC77 August 7, 1979 BARTON ENTERPRISES - TEMPORARY ASPHALT MIXING PLANT Mr. Gary Sauer of Barton Enterprises appeared regarding its application for special use permit to allow the location and opera- tion of a temporary asphalt mixing plant within the Cedar Avenue right-of-way south of County Road #30 for the surfacing of Cedar Avenue only. Mr. Sauer indicated that the plant would be operational for a maximum of 15 months and that 180,000 ton of mix will be prepared. Mr. Colbert recommended to the Council that Barton Construction Company, the owner of the Michael Sill Addition, be required to install additional erosion control in the Michael Sill Addition because of problems during the current summer during heavy rains in the area. After discussion, Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the application for asphalt mixing plant pursuant to the application submitted and that the completion of the seeding and landscaping on the Michael Sill Addition be completed to the satisfaction of the City staff prior to the commencement of the operation of the bituminous mix plant and further subject to the following conditions: 1. The hours of operation be limited to 6:00 a.m. to 6:00 p.m. 2. That the facility shall not be operated on Sundays. 3. That Barton Enterprises Inc. shall obtain a Minnesota Pollution Control Agency permit for the facility. 4. That the temporary blacktop facility be used for the surfacing of Cedar Avenue only rather than incidental disposing of blacktop. 5. That the facility be removed after the completion of the contract and the restoration of the property be completed to its present condition. 6. That the City Council review the permit 90 days after start-up to determine whether the operation is violating its conditions or if there are any serious objections. 7. That no trucks serving the plant use public roads during rush hour traffic other than the bare minimum. That sand and gravel trucks not be allowed to use the public streets during rush hours; and that coordination be accomplished with the Public Works Director for oil tankers using public streets during rush hours. 8. That the proposed facility should be located as far away from residential areas as possible to avoid any potential odor problems. Council Minutes Page Eleven oQv)9 August 7, 1979 QUARRY LANE STREET IMPROVEMENTS A petition was submitted by nine property owners adjacent to Quarry Lane who requested that the City initiate a street improve- ment project with concrete curbing and gutter. Upon motion by Egan and seconded by Wachter, all members voting aye, it was RESOLVED that the Council accept the petition and request the Engineer to prepare an updated feasibility report for the street improvements. ALFRED WIGER SPECIAL PERMIT Mr. Alfred Wiger was present regarding his application for special permit for expansion of his group therapy facility at 780 Blue Gentian Road to add one part-time psycho-therapist. The staff recommended approval. Upon motion by Smith and seconded by Egan, all members voting in favor, it was RESOLVED that the application be approved with the understanding that annual approval of the special permit will be required. BRITTANY ADDITION OUTLOT B It was noted that Dakota County now has agreed to accept dedication of Outlot B in Brittany Addition for ponding purposes with certain conditions. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the dedication of Outlot B, Brittany Addition from the developer to the County with the stipulation that the developer agree to respread any levied and pending assessments against that outlot over the remainder of the plat. CHANGE ORDERS The City Public Works Director and City Engineer recommended the following change orders: Improvement #239A, Park Cliff First Addition and Improvement #79-15, Vienna Woods street and utilities by change order in the amount of $45,446.40; and Project #R79-5, Change Order #1 in the amount of $63,511.56 for sanitary sewer, water main, storm sewer and related services to be installed in Duckwood Drive extension west of Duckwood Estates and Denmark Avenue. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the two change orders with the under- standing that they comply with the Minnesota State Law. DUCKWOOD DRIVE AND DENMARK AVENUE STREET IMPROVEMENTS Mr. Colbert and Mr. Rosene recommended to the Council that change orders be granted for Duckwood Drive street improvements contract Project #79-24 complete with concrete curb and gutter and 44 wide section for Cenmark Avenue from Crestridge to Duckwood Council Minutes Page Twelve 007 August 7, 1979 Drive and D.uckwood Drive from Denmark to Lexington Avenue. The reasons included the excessive cost of maintenance for 24 foot temporary surface, the inflationary cost increase of street construction, and the need to complete the project as soon as possible. After considerable discussion, Wachter moved and Egan seconded the motion to authorize the City Engineer to prepare the plans and specifications and to advertise for bids for the project that would be paid from the City street fund. Mr. Parranto and Mr. Smith objected to the project because of the lack of sufficient construction and development area and the necessary depletion of funds from the road fund. Those in favor, were: Wachter, Murphy and Egan. Those against: Parranto and Smith. PROJECT #79-12 - DODD ROAD STREET IMPROVEMENTS Plans and specifications were submitted for 24 foot bituminous surface for Dodd Road from County Road #30 to County Road #32. The Public Works Director and City Engineer recommended approval of the plans and specifications and the advertising for bids. Murphy moved and Wachter seconded the motion with all members voting in favor to approve the plans and specifications and to authorize the City Clerk to advertise for bids to be opened at the City Hall on Thursday, September 6, 1979 at 3 p.m. MAJOR ROAD FUND ANALYSIS Parranto moved and Smith seconded the motion, with all members voting in favor, to request that the staff prepare an analysis of sources of revenue for the major street fund as well as commitments against the fund prior to the ordering of the completion of the Duckwood Street improvements. EASEMENTS - PROJECT #257 Paul Hauge, City Attorney, reviewed with the Council the progress regarding the acquisition of easements for utility and street improvement projects as follows: 1. Patrick McCarthy Family Storm Sewer Easement. Mr. Hauge indicated that negotiations have continued for about 6 weeks and that the demand for the very complex storm sewer easement over the McCarthy property at Deerwood and Pilot Knob Road was $15,000. Smith moved and Murphy seconded the motion, all members voted in favor, to approve the payment in return for the necessary ease- ments which is somewhat in excess of the normal payment but covers crop loss and excessive cuts and fills. 2. Larry Wenzel Property. The Council reviewed the demand of Mr. Larry Wenzel regarding waiver of storm sewer assessments on the property in return for the necessary storm sewer easements. The Council indicated that they could not approve the demand of Mr. Wenzel and requested the City Attorney to acquire consent to enter in order to complete the construction of the project. Council Minutes Page Thirteen 0G201 August 7, 1979 3. Anna Heuer Property. Mr. Hauge recommended approval of payment to Mrs. Heuer according to the standard payment schedule. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the recommended payment for the easements that have been acquired. RAYMOND RAHN AND GEORGE OHMANN ASSESSMENT APPEALS - PROJECT #234 Mr. Hauge next reviewed with the Council the progress of the assessment appeals concerning the Raymond Rahn golf course property and the George Ohmann property south of Cliff Road. It was noted that the Ohmann property was green acred and it was expected that the Ohmann family would continue to live on the property for a number of years. The attorney for Raymond Rahn indicated that Mr. Rahn has now listed the Park View Golf Course for sale and it is expected that it will probably be sold before long. Mr. Hauge recommended not levying the assessments on the Rahn property because of the difficulty of determining benefits for the utility improvements and sanitary sewer and water improvements to the golf course property. Smith moved and Murphy seconded the motion, all members voted in favor, to accept the recommendation concerning the Raymond Rahn Park View Golf Course property and to eliminate the assessments from the assessment roll with the understanding that the property will be reassessed at the time of change in the use of the property or development of the property. Smith then moved and Murphy seconded the motion, all members voted yes, to eliminate the sanitary sewer and water trunk assessments from the George Ohmann property with the understanding that it too will be assessed at the time of development of that property, however, both appeals to be continued until approximately October 1979 for further developments and review. LAKE PARK ADDITION DEVELOPMENT AGREEMENT The City Attorney submitted a development agreement for Lake Park Addition and recommended approval. Egan moved and Murphy seconded the motion to approve the agreement subject to submission of the necessary escrow. All members voted in favor, except Parranto who did not vote. D 79-104 IMPROVEMENT PROJECT CONTRACTS It was recommended that the following contracts be approved: 1. Project #79-10 - Cedar Avenue truncks with Richard Knutson, Inc., for Improvement Project #186. 2. Improvement Project #79-18 - miscellaneous utilities for Projects #272, #265, and #255 with Richard Knutson, Inc. Smith moved and Wachter seconded the motion, all members voted in favor, to approve and authorize the contracts to be executed. Council Minutes 0020 e Page Fourteen August 7, 1979 GADZOOKS SOFTBALL TEAM 3.2 BEER LICENSE Smith moved and Parranto seconded the motion, all members voted in favor, to approve the temporary 3.2 beer license for Gadzooks softball team on the Univac field for August 11, 1979. CETA ALLOCATION CONTRACT Mr. Hedges recommended approval of the contract for the CETA allocation with Dakota County. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the contract. ? 7ri - i (Y/ f3 WILDERNESS RUN PARK THIRD ADDITION PRELIMINARY PLAT EXTENSION Mr. Arnold Carlson, the developer of Wilderness Park Third Addition, requested extension of time for an additional six months for approval of the preliminary plat. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the extension. CONDITIONAL USE PERMIT RENEWALS The following conditional use permit renewal applications were submitted: 1. Don Chapdelaine - Right to Life sign on Highway #13. 2. E.L. Murphy for temporary trailer permit for office space. 3. U-Haul Company for outside storage for rental lot at Cedar Avenue and #13. Smith moved and Egan seconded the motion, all members voted in favor, to approve the Chapdelaine and Murphy conditional use permits for an additional year. Wachter moved and Egan seconded the motion to approve the U-Haul application. All members voted in favor except Parranto and Smith who voted no. D 79-105 CITY EMPLOYEES The City Administrator recommended hiring Vicki Busick as an office assistant, Holly Duffy as the City's receptionist and Elizabeth Ryan as part-time administrative intern. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the hiring of the three employees. Council Minutes 0G293 Page Fifteen August 7, 1979 CETA ART STUDENT Mr. Hedges stated that Wendy Erickson had applied for and he recommended approval of her being hired as a CETA employee as the City Artist. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the recommendation. PARK AND APC OPENINGS It was noted that there was one opening on the Park Committee and one opening on the Advisory Planning Commission and the City Administrator indicated that a notice had been placed in the newspaper and the openings will be considered at the August 21st meeting. PROJECT #278 - OVERVIEW ADDITION PRELIMINARY REPORT AND PROJECT #280 - SUNSET ADDITION PRELIMINARY REPORT The City Engineer submitted the foregoing preliminary reports for approval. Wachter moved and Murphy seconded the motion, all members voted in favor, to receive the preliminary reports and schedule public hearings on September 4, 1979 at 7 p.m. at the Eagan City Hall. PROJECT #219 - CHANGE ORDER #2 - DUCKWOOD DRIVE Upon recommendation of Mr. Colbert and upon motion by Wachter and seconded by Egan, all members voting yes, it was RESOLVED that change order #2 in the sum of $11,743 for excavation on Duckwood Drive for Project #219 be approved. GRADER RENTAL Because of a breakdown in the City grader, the Public Works Director recommended the authorizing of renting a grader at an estimate of $125 per month. Wachter moved and Murphy seconded the motion, all members voted in favor, to authorize the rental because of the emergency basis and that it be rented when required. KING ROAD - MN/DOT APPROVAL Upon motion by Smith and seconded by Parranto,all members voting in favor, it was RESOLVED that the Mayor and City Clerk be authorized to execute the conveyance agreement and permit between the Minnesota Department of Transportation and the City of Eagan, authorizing Eagan to construct King Road over Mn/DOT property. D 79-9b R 79-56 Council Minutes 00204 Page Sixteen August 7, 1979 VOUCHERS Egan moved and Parranto seconded the motion, all members voted in favor, to approve the following vouchers: 12859-12974; 8603-8692; 730-738. ADJOURNMENT Parranto moved and Murphy seconded the motion, all members voted in favor, to adjourn at 2:15 a.m. Dated: August 7, 1979 PHH CITY CLERK