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10/02/1979 - City Council Regular 002 /17 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 2, 1979 A regular meeting of the Eagan City Council was held on October 2, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Members Wachter, Smith, Egan and Parranto. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved and Murphy seconded the motion to approve the agenda as distributed with the relocation of I-35E alternative con- sideration at the top of the business agenda. All members voted in favor. MINUTES Upon motion by Smith and seconded by Wachter, it was RESOLVED that the minutes of the September 18, 1979, meeting be approved with the exception that on Page 6 that credits will be given for payments of assessments on Silver Bell Road. All members voted in favor. FIRE DEPARTMENT Fire Chief Robert Childers was present. 1. Physical Fitness Equipment. He recommended that the Council authorize an additional $600 for physical fitness equipment because of the increase of cost. Wachter moved and Smith seconded the motion to approve the increase. All members voted yes. 2. Equipment Purchases Bond Referendum. Mr. Childers stated that the specifications for the purchase of survive-air kits provided for six and requested that two additional survive-air kits be acquired for an increase of about $1,500. Parranto moved and Wachter seconded the motion to approve the additional $1,500 for the purchase of two survive-air kits noting that an error had been made in the bidding process. All members voted in favor. 3. Hurst Tool. There was a question concerning the reimbursement of an additional $3,600 for the purchase of the Hurst Tool and no action was taken. IMPROVEMENT BOND SALES - 1979 Mr. Ernie Clark of Miller and Schroeder appeared with a proposal for the sale of $1,825,000 in improvement bonds and $382,000 general obligation fire station bonds for 1979. The Finance Committee recommended approval. Parranto moved and Egan seconded the motion to authorize the sale of the foregoing bonds and that the Clerk be authorized to advertise for bids to be opened on November 7, 1979 at 12:00 noon at the Eagan City Hall. All members voted in favor. SEE BOND FILE 8 0 0 2 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE TWO NOVEMBER 7, 1979, CITY COUNCIL MEETING It was noted that the regular meeting of November 6, 1979, will be on election day and upon motion by Wachter and seconded by Parranto with all members voting yea, it was RESOLVED that the regular meeting be rescheduled for Wednesday, November 7, 1979, at 6:30 p.m. at the Eagan City Hall. POLICE DEPARTMENT Chief Martin DesLauriers was present. 1. New Uniforms. Mr. DesLauriers explained to the Council that the Police Department has now acquired new blue uniforms and has begun wearing them as of October 2, 1979. 2. Stop Sign - County Road #30 and Rahn Road. A request was submitted for a four-way stop at County Road #30 and Rahn Road and the Police Chief and Administrator recommended approval. Smith moved and Wachter seconded the motion to authorize the City Administrator to request the County for a four-way stop at that location. All members voted yes. R 79-70 DODD ROAD IMPROVEMENTS The City Council discussed briefly the acquisition of certain easements on Dodd Road and Mr. Gordon Schram was present. He requested sanitary sewer service be run to the center of his property on Dodd Road and it was requested that Mr. Schram forward a letter to the City concerning the location of the service for sanitary sewer to his property on the East side of Dodd Road. PUBLIC WORKS DEPARTMENT Mr. Colbert reported. 1. Cedar Grove Waste Treatment Plant Site. Mr. Colbert reported that Min/Dot requires additional material of about 200,000 cubic yards for the completion of the new Cedar Avenue and requested that some of the material be acquired from the former Cedar Grove Waste Treatment Plant site owned by the City on Cedar Avenue. A repre- sentative from Min/Dot was present and indicated that about 40,000 yards could be acquired from the treatment site and that Min/Dot would make the site level and remove the buildings if the Council requested. The offer was $ .15 to $ .20 per yard and leave the building or remove the building and no charge for the material by the City. Wachter moved and Smith seconded the motion to approve the request of Min/Dot in order to help expedite the completion of new Cedar Avenue and that Min/Dot be required to move the building and other structures and to cover them with at least 6 feet of material below the finished elevation, all to be subject to approval. All members voted in favor. 0024119 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE THREE 2. Blackhawk Road Sidewalk. Mr. Colbert discussed a request from Mr. William Sell, 1761 Serpentine Drive to extend the existing sidewalk on the West side of Blackhawk Road to Serpentine Drive. It was noted that sidewalk construction is accomplished with funding through major street fund and the staff recommended completion of the sidewalk at this time. Parranto moved and Wachter seconded the motion to direct the staff to prepare the necessary change order to complete the existing sidewalk to Serpentine Drive. All members voted in favor. 1980 PROPOSED BUDGET City Administrator Hedges reviewed in some detail the proposed 1980 Eagan City Budget. He noted that the Council has been holding budget meetings on a regular basis. The Council then directed the Administrator to revise the 1980 budget by reducing the mill rate to 14.6 mills and it was recommended that the City Council adopt the mill levy and certify to the County Auditor prior to October 10, 1979. The proposed budget was $2,388,528. There were comments by Mayor Murphy indicating that the Police Chief requested 4 additional personnel for the Police Department and the City Council acted to keep the Police Department at the same level of personnel and that he, therefore, opposed the budget as submitted. Councilman Smith indicated that the Council was not levying to the maximum and that there will be a need for additional capital expenditures in the future for equipment bonds. He proposed adding $20,000 to the Police De- partment budget for miscellaneous purposes which may provide for one part-time police department employee initially with one and a half officers total by the end of 1980. One comment from the audience favored the additional patrolman particularly to work within the drug control area. Smith then moved to adopt the budget as presented to include an additional $20,000 for the Police Department and to approve the mill levy to include such increase collectable in 1980 and to authorize the City Clerk to certify the same to the County Auditor. Parranto seconded the motion and all members voted yes. R 79-71 ST. FRANCIS WOOD STREETS PROJECT #227 Mayor Murphy then convened the public hearing regarding Project #227 consisting of the assessments for St. Francis Wood street improve- ments. The 45 lot parcel at a total cost of $79,132.05 is assessable over 10 years at 8% interest. There were no objections. Wachter moved and Egan seconded the motion to close the hearing and to direct the City Clerk to certify the roll to the County Auditor. All members voted in favor. HOUSING PLAN Upon motion by Parranto, seconded by Wachter, it was resolved to continue the public hearing concerning Eagan's Housing Plan until November 20, 1979, at 7 p.m., at Eagan City Hall. All members voted yes. 0C 2rj® CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE FOUR CEDAR STREET VACATION HEARING Mayor Murphy then convened the public hearing regarding the application of Mrs. Della Braun to vacate a portion of Cedar Street in Wescott Garden Lots adjoining Lot 2, Block 2, and Lot 2, Block 3, Wescott Garden Lots. Mr. Ed Meisinger, Jr., appeared representing Mrs. Braun. He indicated that the home on the Braun property which is being sold encroaches on the. platted and unimproved Cedar Street and that Lance Lundsten uses part of the driveway to the Braun property which is partially on public street and partially on the private Braun driveway. Mr. Meisinger requested that only the Westerly portion of Cedar Street be vacated abutting Lot 2, Block 3. Mr. Lance Lundsten was present and objected to the vacation because of the possible need to run utilities through on Cedar Street some time in the future. Mr. Steve Upton appeared for Mr. Hipkins, the owner to the North and objected to the vacation. There was discussion concerning cutting down the amount of street area to be vacated and the City engineer recommended that additional right of way on the North side of the street be acquired prior to the vacation of any portion of the street. After discussion, Smith moved and Parranto seconded the motion to vacate the Easterly 150 feet of the Southerly 10 feet of Cedar Street lying adjacent to Lot 2, Block 3, Wescott Garden Lots with the understanding that the property may be replatted in the future and it may be possible for the City to acquire the additional 10 feet from the Braun parcel or from the property to the North to complete the 60 foot road right of way. All members voted in favor except Wachter who voted no. DEERWOOD DRIVE - PROJECT #277 The public hearing regarding Project #277 consisting of street improvements for a portion of Deerwood Drive East of Blackhawk Road was next opened by the Mayor. Mr. Rosene explained the project and it was noted that the property owners on the North had been assessed for street improvements and that a portion of the cost will be assessed upon completion of the improvement to the property on the South side of Deerwood abutting the improvements. A number of affected property owners were present and there were no objections but one owner requested additional gravel in front of his property during the winter of 1979-1980. All owners affected appeared to favor the project. There was discussion concerning sidewalk and the Engineer recommended that if it is installed that it be installed on the South side. Smith moved and Egan seconded the motion to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications. All members voted in favor. Smith then moved and Wachter seconded the motion to authorize the Public Works Department to install gravel to alleviate the water problem on Deerwood Drive temporarily. All members voted yes. 002 51 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE FIVE ENGLERT ROAD STREET IMPROVEMENTS - PROJECT #282 The next public hearing convened concerned Project #282 consisting of street and storm sewer improvements on Englert Road West of Pilot Knob Road. A number of affected property owners were present and the City Engineer explained the project noting that plan A would provide for standard urban section and plan B would be temporary surfacing. A number of property owners who would be assessed objected to the proposed improvements claiming that I-35E is not located and that it would be a waste of money. After considerable discussion and objections noted, Parranto moved and Egan seconded the motion to close the hearing and not to order in the improvements. All members voted in favor. NATIONAL BUSINESS WOMAN'S WEEK Mayor Murphy read a proclamation, submitted by the Northern Dakota County Business and Professional Woman's Club, claiming the week of October 21, 1979, as National Woman's Business and Professional Week in Eagan. D 79-125 HERREGAN DISTRIBUTORS, INC., INDUSTRIAL REVENUE BONDS Finance Committee Member Smith recommended that the Council approve the issuance of $1,200,000 of industrial revenue bonds for Herregan Distributors, Inc., which had been delayed from September 4, 1979, Council meeting. The proposal was for the construction of a wholesale floor covering distribution center in Cedar Industrial Park. The Mayor convened the public hearing pursuant to the statute and there were no objections to the project. City Administrator Hedges reviewed the project briefly. Smith then moved and Wachter seconded the motion to close the hearing and to authorize the issuance of $1,200,000 industrial revenue bonds for Herregan Distributors according to the resolution attached to these minutes. Those in favor were: Murphy, Egan, Smith and Wachter. Parranto abstained. SEE BOND FILE I-35E RESOLUTION Mayor Murphy explained to the large group of affected area residents present the resolution that was adopted by the City Council at the last regular City Council meeting on September 18th reaffirming the City's position on the A-1 alternate for I-35E in light of the decision made by Judge Jerome Kluck of the Dakota County District Court on September 13, 1979. It was noted that Judge Kluck overruled the DNR Commissioner's denial of the bridge permit to Min/Dot across Blackhawk Lake and ordered the DNR to issue the permit. The City Council on September 18th requested an extension of time by Min/Dot 00252 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE SIX to consider the four studies as alternates to A-l. The Council was granted until October 5, 1979, to submit comments concerning the Council's preference to an alternate. Smith moved and Egan seconded the motion to reaffirm the Council's position favoring the A-1 align- ment of I-35E across Blackhawk Lake based upon the City Council's history of favoring the A-1 corridor; further, that in the event that Min/Dot does not proceed on the A-1 corridor for any reason in the future that the City Council be on record favoring design modi- fication study A-3 to the original A-2 alignment for reasons including the fact that there are fewer obstacles and the cost to the City is smaller except for the small section of frontage acquired; also based upon the decision for extension of time given by Min/Dot to the City Council to make its decision on its position until October 5th. Mayor Murphy spoke against the motion indicating that the Council does not know the exact alignment, the certainty as to plans for the A-3 location and the possible EIS challenge. Wachter spoke in favor of selecting only the A-1 route as did Mayor Murphy. John Klein was present on behalf of the Urban Council on Mobility and requested that the Council vote only for the A-1 alignment and requested the DNR issue the written permit expeditiously. Mr. George Bohlig representing Associated Families appeared and stated that he felt that an EIS is not necessry for an A-2 alignment and objected to the Council favoring only A-1 in its resolution. He further stated that Associated Families intends to appeal District Court Judge Jerome Kluck's ruling of September 13th. Donald Christianson re- quested the Council vote to support the Kluck ruling and the A-1 alignment only. Other members of the audience spoke briefly. Those in favor of the motion were: Smith, Egan and Parranto. Against: Murphy and Wachter, all according to the resolution, a copy of which is attached to these minutes. R 79-72 SAFARI ADDITION Mr. Byron Watschke appeared on behalf of the application of Fortune Realty for final plat approval of Safari Addition. It was noted that the City Council on September 18th continued consideration of the final plat application to reevaluate the water supply system to determine whether Lot 17 through 24, Block 1, should be developed because of water pressure problems due to their elevation. A letter report from City Engineer Rosene was reviewed indicating that water pressure would not be adequate for seven lots without booster pumps. Mr. Colbert recommended against approving the final plat until adequate utilities are available particularly for the seven lots. After discus- sion and indication by Mr. Watschke that he would enter into an agreement regarding acquisition of the reservoir site on the Seig property and would contribute up to $50,000 towards the purchase and acquisition of that site including necessary access for the water main to that site, Smith moved and Egan seconded the motion to approve 0C2, 75 3 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE SEVEN the final plat of Safari Addition with the understanding that building permits will not be issued for the seven lots described above until water pressure problems are resolved to the staff's satisfaction which may include the installation of booster systems. Councilman Wachter discussed a meeting that was held with the Seig family concerning the acquisition of a water reservoir site on the Seig property. Also there was discussion concerning access to the Seig site and the cost of the easement together with the water main to the site. The following conditions were also placed upon the plat: 1. All recommendations of the APC be approved at the preliminary plat approval stage including all applicable ordinances. 2. The execution of a completed development agreement together with escrow to be posted with the City. 3. Execution of the agreement covering the acquisition of the Seig site with the understanding that the developer will post a money escrow with the City in the sum of $50,000 acceptable to the City staff, and in the event that the developer defaults in the plat, that no additional building permits be issued with the understanding that the Dakota County site is still the #1 choice and will be pursued by the City. All members voted in favor. D 79-126 R 79-73 EAGAN-METRO SECOND ADDITION PRELIMINARY PLAT At the request of the applicant, the consideration of the ap- plication of Metram Properties for preliminary plat approval of Eagan-Metro Second Addition was continued until the next regular meeting. WILDERNESS PARK THIRD ADDITION PRELIMINARY PLAT Mr. Arnold Carlson appeared on behalf of his application for preliminary plat approval of Wilderness Park Third Addition noting revisions to the plat. Mr. Carlson has eliminated Lot 5, Block 2, and combined Lots 5 and 6 into one lot due to the steep terrain and bias revised some lot lines. Mr. Colbert recommended that no split of the combined Northerly Lot 6 be permitted in the future. Wachter moved and Parranto seconded the motion to approve the revised preliminary plat with the condition that no future split of the combined Lot 6 will be permitted and Mr. Carlson indicated that there will be no objection to a deed restriction providing that Lot 6 will not be split in the future; further that an agreement will be submitted to be approved by the staff and that all APC recommendations will be complied with by the developer. All members voted in favor. D 79-127 00254 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE EIGHT ERICKSON'S COTTONWOOD ADDITION Mr. Kenneth Erickson appeared regarding his application for preliminary plat approval for Lots 7 and 8, Block 8, Zehnder's Acres to be called Erickson's Cottonwood Addition. It was noted that the parcel consisted of 3 acres with 6 lots proposed. The APC recommended approval on September 11, 1979, subject to conditions. Several neighboring property owners were present, none of whom objected. Vince Kennedy was present and stated that he favored the proposal and there was discussion concerning the road access into the interior of Zehnder's Acres. Smith moved and Egan seconded the motion to approve the application subject to the APC recommenda- tions and all applicable ordinances. All members voted in favor. D 79-128 LONE OAK HEIGHTS PRELIMINARY PLAT The next application considered was the application of Thomas W. Prokosky for preliminary plat approval and plan approval of Lone Oak Heights consisting of the Martin Shields property at the SW corner of Lone Oak Road and County Road #31. Mr. Prokosky was present as were Mr. and Mrs. Shields and Mr. Harold LeVander, Jr., attorney for Mr. and Mrs. Shields. Mr. Prokosky explained the project and noted that the APC recommended approval subject to certain conditions. The 17 acre parcel had been zoned R-4 and R-3 and would consist of 62 townhouses on the R-3 zoned property and 80 unit apartment complex on the R-4 zoned parcel. A number of area owners were present particularly Timberline Addition. One neighbor to the North requested a substantial tree line for 400 feet running Easterly on Lone Oak Road from Pilot Knob Road. There was discussion concerning the half right of way on Pilot Knob Road and the City Engineer recommended a 75 foot half right of way. Mr. Prokosky indicated that he would plat the townhouse lots individually and, therefore, it appeared that no variances were required. Mr. Thomas Walsh, Timberline owner, appeared and expressed concerns relating to the number of apartments, the potential traffic, the effect on Pilot Knob School and requested a continuance to permit further consideration including a school impact study. Mr. Mulrooney was concerned about spot zoning, lack of County approval for access and asked for a continuance. Mr. Vince Kennedy spoke in favor and recommended approval provided all ordinances are complied with. Councilman Smith stated his concerns about only one access to the townhouse complex and the fact that the development density is at a maximum. It was understood that the project would be rental and that there will be no subsidy housing according to Mr. Prokosky. The staff recommended one access to Pilot Knob Road with a large stacking distance at the access. There were concerns concerning internal circulation of the townhouse complex and it was noted that the Council had rezoned the property and had approved the acquisition of 10 acres by dedication and purchase on February 18, 1975. Mr. 00255 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE NINE Parranto requested consideration of two entrances to the townhouse complex. Parranto moved and Smith seconded the motion to continue the application for two weeks. The President of the Timberline Association, Mrs. Thomas, expressed her concerns about density and other issues. The matter was continued to allow the developer to meet with the surrounding residents and to offer sufficient time to submit a revised development scheme of the project. All members voted in favor. WILLIAM COLE - EARTH SHELTER HOME AND SCULPTURE STUDIO Mr. William Cole appeared on behalf of his application for variance for sculpture studio on 40 acres of agriculturally zoned land and to construct an earth shelter active and passive solar home located East of the Dayton-Hudson Property on Lone Oak Road. There were no objections to the request. It was noted that no buildings are located on the 40 acres at the present time. Parranto moved and Egan seconded the motion to approve the application for sculpture studio and earth shelter home. All members voted in favor. YANKEE DOODLE TERMINAL PARK PRELIMINARY PLAT Mr. William Dolan and Mr. William Hawks appeared regarding the application of Mr. Hawks for preliminary plat approval of Yankee Doodle Terminal Park located on Yankee Doodle Road extended Northerly along the Chicago Northwestern Railroad right of way. It was noted that a variance from the parking requirements will also be required and the proposal indicates 18 parking spaces with 292 parking spaces required by ordinance. The APC recommended approval on September 25th subject to conditions. There was concern by Council members of the possibility of splitting the building into separate ownerships including use for office space. There were no objections to the proposal from surrounding property owners. It was noted that 58 parking stalls could be provided. Smith moved and Wachter seconded the motion to approve the application for preliminary plat provided, however, that scheme A will be utilized providing for 58 parking stalls and further that in the event of a change in use of the building or division of the building for purposes other than solely warehouse uses, that restrictions be placed upon the property and approved by the City Attorney that would require City Council approval prior to such subdivision or revision in use. Those in favor: Smith, Wachter, and Murphy. Against: Parranto and Egan. Smith then moved and Egan seconded the motion to approve the grading permit on the property subject to final staff approval. All members voted yes except Parranto who voted no. D 79-129 CITY COUNCIL MINUTES 002s56 OCTOBER 2, 1979 PAGE TEN IMPROVEMENT PROJECT #283-JOHNNY CAKE RIDGE ADDITION UTILITIES City Engineer Rosene submitted the feasibility report for Johnny Cake Ridge Addition utilities under Project #283 and recom- mended approval. Parranto moved and Egan seconded the motion to accept the preliminary report, to schedule a public hearing for November 7, 1979, at 7 p.m. at the Eagan City Hall and to order the City Engineer to prepare the plans and specifications. All members voted in favor. IMPROVEMENT PROJECT #284-WINDTREE ADDITION STREETS AND UTILITIES The next preliminary report submitted by the City Engineer covered Project #284 consisting of utility improvements and street improvements for Windtree Addition. Parranto moved and Wachter seconded the motion to accept the report, to schedule a public hearing for November 7, 1979, at 7 p.m. at the Eagan City Hall and to order the City Engineer to prepare the plans and specifications. All members voted yea. DEEP WELL NO. 6 - PROJECT #286 City Engineer Rosene submitted the preliminary report for Project #286 consisting of Deep Well No. 6 for construction of West of Univac Property off Coachman Road. Wachter moved and Egan seconded the motion to accept the report, to schedule a public hearing for November 7, 1979, at 7 p.m. at the Eagan City Hall, and to order the City Engineer to prepare the plans and specifications. All members voted in favor. IMPROVEMENT PROJECT #79-21 SADDLEHORN, LAKESIDE AND OVERVIEW ESTATES STREETS The plans and specifications were submitted by the City Engineer for street improvements for Improvement Project #79-21 consisting of Saddlehorn Addition, Lakeside Estates and Overview Estates areas. Egan moved and Parranto seconded the motion to accept the plans and approve the plans and specifications, to authorize the City Clerk to advertise for bids to be opened on October 25, 1979, at 3 p.m. at the Eagan City Hall. All members voted in favor. JOHNNY CAKE RIDGE ADDITION GRADING PERMIT The application of U.S. Homes - Orrin Thompson Homes for grading permit for Johnny Cake Ridge Addition was reviewed by the Public Works Director. The staff recommended approval. Egan moved and Wachter seconded the motion, to approve the permit as requested. All members voted in favor. 00257 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE ELEVEN BUFFER HILLS ADDITION CHANGE ORDER Change Order #1 for water service for Buffer Hills Addition was recommended for approval by Mr. Colbert covering Lot 4, Block 1, Buffer Hills Addition. Parranto moved and Egan seconded the motion to accept the recommendation and to authorize a change order to Improvement Project #79-15 in the amount of $3,000. All members voted in favor. ELECTION JUDGES FOR 1979 A schedule of proposed election judges for the November 6, 1979, election was submitted for consideration. Egan moved and Parranto seconded the motion to approve the election judges as proposed. All members voted in favor. D 79-130 BOND COUNSEL - TAX EXEMPT MORTGAGE FINANCING The City Administrator reviewed the proposal by Mr. James Holmes of Holmes and Graven, Minneapolis attorneys, for the position of bond counsel for the proposed $20 million tax exempt mortgage financing issue considered by the City. Smith moved and Parranto seconded the motion to accept the proposal and to engage Holmes and Graven as counsel for the tax exempt bond issue for Eagan. All members voted in favor. DUCKWOOD DRIVE - IMPROVEMENT PROJECT #79-20 The bids for Improvement Project #79-20 consisting of Duckwood Drive street improvements were scheduled to be opened on September 27, 1979. The Public Works Director requested, however, that the award of the contract be delayed and continued until the next regular meeting. CONDITIONAL USE PERMIT RENEWALS The following conditional use permits were considered: 1. Mrs. JaNette Flogstad, 4300 Blackhawk Road, for Christian Day Care Center at the Blackhawk address; 2. Orvilla Homes Company in the name of James Driscoll and Tom Miller at 3430 Wescott Hills Drive for a Home for the working retarded people; and 3. Alfred Wiger at 780 Blue Gentian Road for Practice Group Therapy. Smith moved and Wachter seconded the motion to approve the fore- going conditional use permits for a one year period. All members voted in favor. D79-131 002, CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE TWELVE JOINT AIRPORT ZONING BOARD The City Administrator submitted a resolution authorizing participation in a joint airport zoning board which had been sub- mitted to the City by legal counsel for the Metropolitan Airport Commission. It was noted that the area to be zoned included land in the City of Eagan and two residents of Eagan were requested as members of the airport zoning board. The City Administrator recom- mended approval of the resolution and the appointment of two members. Egan moved and Wachter seconded the motion to approve the resolution and that the City of Eagan become a member of the joint airport zoning board, all according to the resolution, a copy of which is attached to these minutes. All members voted in favor. In addition, the City Administrator was requested to advertise for candidates for the board and to submit the candidates to the City Council for approval. R 79-74 ELECTION EQUIPMENT USE AGREEMENT The next item considered by the City Council was a joint use agreement for election equipment to be purchased with Apple Valley, Mendota Heights, Rosemount and Inver Grove heights. It was noted that the new ballot tab counter which will cost $28,500 is proposed to be purchased by all five communities with Eagan paying 28.8% based upon population. The City Administrator recommended approval. Smith moved and Parranto seconded the motion to approve the joint use agreement and order its execution. All members voted in favor. D 79-132 WILDERNESS PARK SECOND ADDITION ESCROW The City Engineer recommended the bond escrow for Wilderness Park Second Addition to be reduced to the sum of $14,150, reduced by $3,850. Egan moved and Smith seconded the motion to approve the bond reduction. All members voted yes. SEAL COAT PROJECT 1979 Mr. Colbert recommended final payment on the 1979 seal coat project. Wachter moved and Parranto seconded the motion to approve the final payment and acceptance of the project. All members voted in favor. 00259 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE THIRTEEN GOPHER - EAGAN INDUSTRIAL PARK THIRD ADDITION At the request of the engineer for the developer of Gopher - Eagan Industrial Park Third Addition, upon motion by Egan and seconded by Parranto, it was RESOLVED to extend for an additional six months the period for the completion of the preliminary plat for the Addition. All members voted yes. WILDERNESS RUN FIRST AND THIRD ADDITIONS AND CHES MAR FIRST ADDITION STREET LIGHTS A petition from 56 residents in Wilderness Run First and Third Additions and Ches Mar First Addition was submitted for review requesting a feasibility report by the City for street lighting in those Additions. Upon motion by Wachter and seconded by Smith, it was RESOLVED to accept the petition and to request a feasibility report by the City Engineer. All members voted in favor. D 79-133 YANKEE SQUARE SOFTBALL TEAM Upon motion by Smith and seconded by Wachter, it was RESOLVED that the application of Joanne Holback for 3.2 temporary beer permit on October 13, 1979, for the Yankee Square softball team at Univac Field was approved subject to the Police Department approval. All members voted yes. BUS SERVICE TO BURNSVILLE CENTER A petition was submitted to the City Council requesting its support for bus service to the Burnsville Center - Apple Valley area. Parranto moved and Wachter seconded the motion to return the petition indicating that the City Council was not in a position to circulate petitions in the City. All members voted in favor. IMPROVEMENT CONTRACTS City Attorney Hauge submitted two contracts for approval and execution by the City Council as follows: 1. Improvement Project #79-19 - McNamara-Vivant Construction Company. 2. Improvement Project #79-16 - Minnesota Valley Surfacing Company. Upon motion by Egan and seconded by Wachter, it was RESOLVED to approve the execution of the two contracts. Parranto voted aye except he abstained in relation to the Lake Park Addition project. All other members voted in favor. OO2O CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE FOURTEEN ROBIN GEIGER d/b/a MAK'N MAGIC VS. CITY OF EAGAN Paul Hauge reviewed briefly with the Council the status of the injunction action being brought by Robin Geiger on behalf of Mak'n Magic, the drug paraphernalia shop on Cedar Avenue, against the City. He indicated that Federal Judge Donald Alsop issued an Order on Septmeber 28th denying the motion for rehearing by Mr. Geiger, but granted a motion to amend the complaint and also granted a motion for extension of the temporary injunction enjoining the City from enforcing Ordinance No.71 during the appeal. He stated that an appeal had been brought by Mr. Geiger to the 8th Circuit Court of Appeals in St. Louis and that a motion had been made by the City Attorney for expedited hearing either in October or November of 1979 or at the latest, in December of 1979. RESOLUTION FOR MAJOR STREET FUNDING A resolution submitted by Councilman Egan for major street funding in the City of Eagan was discussed. The matter was continued until the November 7th Council meeting. CEDARVALE CENTER STOP SIGN A letter from Dr. Fuller requesting a stop sign in Cedarvale shopping center next to the Mid-America Bank was referred to the Public Works Director for recommendation. NORTHERN NATURAL GAS MAIN REPLACEMENT Mr. Colbert reported to the City Council that as of October 15th, Northern Natural Gas will be replacing gas mains from Pilot Knob Road running Southwesterly through the City to be completed by December 15th. It was noted that all roads will be open cut and the City Council requested that notice will be placed on all such roads in at least one week before the roads are torn up by the gas company. DREXEL HEIGHTS ADDITION Mr. Colbert also reported on the repair work being done in Drexel Heights Addition and indicated that the breaks in the water and sewer mains are less severe than had been expected. He also reported that it will be necessary to cut into the street in front of the Henry Braun and Harvey Braun property and indicated that Henry Braun requested three driveway accesses through an outlot in Drexel Heights owned by the City. No action was taken by the City Council and it was referred to the Park Committee for recommen- dation and approval. 00261 CITY COUNCIL MINUTES OCTOBER 2, 1979 PAGE FIFTEEN SPECIAL COUNCIL MEETING A special City Council meeting to review the budget was scheduled for October 11th at 7 p.m. at the Eagan City Hall. IMPROVEMENT PROJECT # 79-10 AND PROJECT #186 - TRUNK WATER AND SEWER CROSSINGS - CEDAR AVENUE The City Engineer indicated that the Minnesota Department of Transportation has requested expedited installation of trunk water and sewer crossings on James Street and Frontage Road A along Cedar Avenue. He indicated that because of the advanced stage of construction on Cedar Avenue that it would be necessary on an emergency basis for the City to install the utilities and sewer crossings as soon as possible. Parranto moved and Wachter seconded the motion that in light of the emergency and because of the request for immediate action by Min/Dot because of the progress of the highway construction, the necessity to complete the project in the fall of 1979 and the fact that there are available construction contracts in existence with the City of Eagan at the present time where change orders can be acquired, that the City Council approve the change orders for the following improvement projects: 1. Change Order No. 1 to Improvement Project #79-10. 2. Change Order No. 2 to Improvement Project #79-10. All members voted in favor. VOUCHERS Egan moved and Smith seconded the motion to approve the following vouchers: 8942 - 9013; 13348 - 13452. All members voted in favor. ADJOURNMENT Wachter moved and Murphy seconded the motion to adjourn at 1:15 a.m. All members voted in favor. DATED: October 2, 1979 PHH t CITY CLERK