03/20/1979 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 20, 1979
A regular meeting of the Eagan City Council was held on
March 20, 1979, at 6:30 p.m. at the City Hall. Those present
were: Councilmembers Parranto, Egan, Smith and Wachter.
Mayor Murphy appeared later. Vice-Mayor Wachter chaired the
meeting. Also present were: City Administrator Hedges,
City Public Works Director Colbert, City Engineer Rosene
and City Attorney Hauge.
MINUTES
Smith moved and Parranto seconded the motion, all
members voted in favor, of approving the minutes of the
March 6, 1979, meeting with the exception on Page 6,
Wachter voted no regarding Thomas Lake Road easement and on
Page 12, Wachter seconded the motion concerning Brittany
Manor Addition. Parranto moved and Egan seconded the
motion, all members voted yea, to approve the minutes of
the March 13, 1979 special Council meeting.
FIRE DEPARTMENT
No business.
POLICE DEPARTMENT
Chief DesLauriers appeared.
1. He indicated that Diane Mosso has resigned as a
dispatcher and requested authorization to replace her.
Smith moved and Egan seconded the motion, all members voted
in favor, to accept the resignation of Diane Mosso and to
authorize the Police Chief to proceed with the selection
process for a replacement.
2. Mr. DesLauriers then requested that Greg Johnson
be authorized to be hired full-time beginning April 1, 1979.
The matter had been continued from the January meeting.
There was considerable discussion concerning funding for
Mr. Johnson and the general expenditures and budget of the
Police Department appeared to provide for sufficient budget-
ing. There was concern about the possibility of not staying
within the Police budget for 1979 by adding another patrolman.
Egan moved to hire Greg Johnson as a full-time police officer
effective April 1, 1979, with the understanding that the
City Council will not accept additional requests for personnel
in the 1980 budget except under dire circumstances. Parranto
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City Council Minutes
seconded the motion, all members voted in favor.
PARK DEPARTMENT
Barbara Schmidt was present.
1. She reviewed the 1978 grant applications for additional
tennis courts. She outlined in a memo dated March 15, 1979,
three alternatives for the construction of tennis courts
including lighting at Rahn Park. The Council discussed the
increased cost expectations and the possibility of a levy
during 1978 as a part of the 1980 budget. Smith moved and
Egan seconded the motion, all members voted yea, to approve
the Alternate 3 to provide for the construction of two sets
of tennis courts with lighting on all four tennis courts
with an estimated construction cost of $24,000 for the courts,
$30,000 for the lights for the four courts including a grant
award of $14,500; with the further understanding that the
construction will be paid from park site funds on a temporary
basis and the Council will then determine in the fall of
1979 whether to levy a special tax for 1980; further, that
the plans and specifications to be prepared by the City
Consulting Engineer on the basis of 7% of the construction
costs.
2. Park Committee Appointment. City Administrator
Hedges read a letter from Mr. Robert Leach announcing his
resignation on the Park Committee because he is leaving the
City. Smith moved and Parranto seconded the motion, all
members voted in favor, to appoint Tom Gits to fill the
appointment of Robert Leach according to the ordinance pro-
visions.
PUBLIC WORKS COMMITTEE
Mr. Colbert reported for the Public Works Committee
and reviewed a letter from Surrey Heights Homeowners Associa-
tion requestiong additional traffic controls for the inter-
section of Yankee Doodle and Pilot Knob Roads and the request
for a speed study for the reductions of speed on Yankee
Doodle Road between Highways #13 and #31. Mr. Colbert
recommended that traffic studies be conducted on Yankee
Doodle Road and requested the County Traffic Engineer to
review whether traffic control devices are warranted on
Yankee Doodle Road and Pilot Knob Road, Lone Oak Road and
Pilot Knob Road and Lexington Avenue and Yankee Doodle Road.
Parranto moved to petition Dakota County to request a speed
study on Yankee Doodle Road from Highways #13 to #31; Smith
seconded the motion, all members voted in favor. In addition,
the Public Works Director was instructed to submit a recommendation
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concerning speed reductions to the Council when warranted
in the future. Smith moved to install a yield sign on Lunar
Lane and Apollo Road. Parranto seconded the motion, all
members voted yea.
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FIRE STATION #3
Mr. Hedges reviewed his report dated March 20, 1979,
concerning the selection of an architect for Fire Station U.
He noted that the Public Works Committee had interviewed six
firms on March 19 and recommended Trossen, Wright and Associates
of St. Paul to perform architectural services for the addition
to Fire Station #1 and the proposed Fire Station #3. Mr.
Wachter reviewed the reason for the recommendation including
good depth of staff and Mr. Parranto moved to engage Trossen
Wright and Associates according to the memorandum dated
March 20, 1979. Smith seconded the motion, all members voted
yea.
FIRE HALL BOND ISSUE PUBLICITY
Smith moved and Egan seconded the motion, all members
voted in favor, to authorize the expenditure of approximately
$700 for publicity for the 1979 fire hall bond issue. Smith
then moved and Egan seconded the motion, all members voted
yes, to designate the City Administrator to coordinate
efforts between the Fire Department, architect and the special
consulting engineer regarding the construction and design work
for the Fire Hall #1 addition and Fire Hall #3.
HOOVESTAL TRUCKING COMPANY I.D.R. BONDS
The City Administrator presented the final resolution
allowing the issuance of industrial revenue bonds for the
Hoovestal Trucking Company in the sum of $420,000. It was
noted that the project has a value in excess of $500,000
according to the guidelines of the City and it was recommended
that the Council approve the resolution, to authorize the
Mayor and City Clerk to execute the necessary documents.
Smith moved and Parranto seconded the motion, all members
voted in favor, to approve the recommendations.
BOND FILE
D.C.R. COMPANY I.D.R. BONDS
The final resolution regarding the industrial revenue
bonds for D.C.R. Company in the sum of $1,450,000 for the new
bowling alley in Cedarvale was next considered. It was noted
that the bonds are being privately placed and it was recommended
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that the resolution be authorized and that the Mayor and
City Clerk be authorized to execute the necessary documents.
Smith moved and Egan seconded the motion, all members voted
in favor, to approve the recommendations.
BOND FILE
LEXINGTON AVENUE AGREEMENTS
City Attorney Hauge submitted an agreement between the
City of Eagan and Dunn & Curry Real Estate Management, Inc.,
regarding the extension of Lexington Avenue from County Road
#30 to Cliff Road and an additional proposed agreement between
the City of Eagan and Dakota County concerning the completion
of the improvements for the Lexington Avenue extension. It
was noted that grading and the utilities are intended to be
installed in 1979 and final improvements including surfacing,
curb and gutter in 1980. Mr. Ed Dunn was present and submitted
a signed agreement on behalf of Dunn & Curry. Smith moved
and Wachter seconded the motion, all members voted in favor,
to approve the agreements and instructed the City Administrator
to forward the agreement between the City and Dakota County
to the Dakota County Board of Commissioners. Mayor Murphy
appeared at the Council meeting at this time.
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EAGAN HILLS WEST PLANNED UNIT DEVELOPMENT AGREEMENT AND MEADOWLAND
FINAL PLAT
Mr. Dunn appeared together with Linda Fischer, attorney,
regarding the proposed Planned Unit Development Agreement
covering Eagan Hills West. Paul Hauge explained the background
of the agreement and two provisions that required Council
consideration.
One issue dealt with the proposal by the developers for
payment by the City for excess width right-of-way for County
Road #32 and Blackhawk Road, in the event the City compensates
any other developer for comparable right-of-way. There was
concern by Councilmembers concerning past practice where
compensation had not been paid to developers for excess
rights-of-way and the possible future precedent. The Council
was not receptive to inclusion of the provision and change
in the policy. In addition, Mr. Hauge reviewed a proposal of
the developers that in the event that the City were to change
the use of any land within a 15 year period, that was dedi-
cated for park purposes by easement or deed, that it would
then revert to the developer. Ms. Fischer and Mr. Dunn
presented their positions and the Councilmembers generally
indicated that they were not amenable to a change in the
policy regarding the reversion of park land. Smith moved and
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City Council Minutes
Wachter seconded the motion, all members voted in favor,
after considerable discussion to continue the Planned Unit
Development agreement consideration and the final plat for
Meadowland Addition until the next regular meeting.
WILDERNESS RUN ROAD PETITION
A petition was submitted from Dunn & Curry requesting
Wilderness Run Road to be extended from the intersection of
Lexington Avenue to the intersection of Dodd Road in conjunction
with the trunk sewer plan in 1970. It was noted that the
Council has authorized sanitary sewer and water-to bE: extended
within the Wilderness Run right-of-way. Councilmembers
opposed opening the road for public traffic and Mr. Colbert
indicated that barricades could be constructed to prevent
public access. Wachter moved and Parranto seconded the
motion, all members voted in favor, to authorize the City
Engineer to prepare a feasibility study and report back to
the Council.
LAKE WATER QUALITY - DEPARTMENT INTERIOR AGREEMENT
Mr. Colbert reviewed with the Council a cooperative
agreement with the U.S. Department of Interior for continued
water sampling and analysis of four lakes within the City
including Blackhawk, Fish, Thomas and Holland Lakes. There
was considerable concern by the Council that the U.S.
Department of Interior is not willing to assist in funding
the study and there were concerns about the use of the results
of the tests. After considerable discussion, Smith moved
and Egan seconded the motion, all members voted yes, to
enter into the agreement with the express disappointment by
the Council in dropping the matching fund program with the
hopes that the U.S.G.S. will reinstate the funding at some
future date; further, that the City staff will review the
cost of engaging a private water quality inspection firm to
test lakes in the City. Smith then moved and Egan seconded
the motion, all members voted yes, that the Public Works
Director include the Heine Pond within the lake water
quality sampling by the U.S.G.S.
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HEINE LAKE SEWER AREA
There was discussion concerning acquiring cost esti-
mates to divert storm sewer northerly to the Wenzel Pond
from the Heine Addition. Wachter moved and Smith seconded
the motion, all members voted in favor, to direct the City
Engineer to prepare a feasibility report for diverting the
storm drainage to the Wenzel Pond with recommendations for
assessments.
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BEACON HILLS PLANS AND SPECIFICATIONS PROJECT #262
The final plans and specifications for Beacon Hills
Addition sanitary sewer, water and storm sewer were submitted
by the City Engineer. Mr. Colbert reported and recommended
that the plan be approved and that advertising for bids be
authorized. Smith moved and Wachter seconded the motion,
all members voted in favor, to approve the plans and speci-
fications and direct the Clerk to advertise for bids to be
opened on April 12, 1979 at 3 p.m. at the City Hall.
CHES MAR EAST FIRST ADDITION PROJECT #261
The plans and specifications for Ches Mar East First
Addition were also submitted. Wachter moved and Parranto
seconded the motion, all members voted in favor, to adopt
the recommendation of Mr. Colbert for approval of the plans
and specifications and that the Clerk be directed to
advertise for bids to be opened at the City Hall on April
12, 1979 at 3 p.m.
GOPHER INDUSTRIAL PARK FIRST ADDITION
A petition from the developers of Gopher Industrial
Park First Addition for sanitary sewer and water installation
for a portion of the addition was reviewed. The City
Attorney recommended that a development agreement be prepared
covering at least the portion that is intended to be developed
at the present time. Smith moved and Wachter seconded the
motion, all members voted in favor, to request the City
Engineer to prepare a feasibility report. It was understood
that a development agreement will be required and no further
building permits or improvements will be granted until a
development agreement is prepared and the proper escrow
posted with the understanding, further, that the developer
will guarantee the payment of cost for the feasibility report
and development agreement.
1978 REFUNDING BOND ISSUE
An indemnification agreement with Miller and Schroeder
covering the 1978 refunding bond issue was recommended for
approval. Smith moved and Parranto seconded the motion,
all members voted in favor, to approve the agreement.
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WILDERNESS RUN SIXTH ADDITION
A request from the developer of Wilderness Run Sixth
Addition for reduction in the escrow funds for the addition
from $27,975 to $23,475 was recommended to be approved by the
City Engineer. Wachter moved and Egan seconded the motion,
to approve the reduction. All members voted yea.
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CEDAR AVENUE SLOPE EASEMENT
Public Works Director Colbert received a request from
District 9, Mn/DOT requesting the City execute a temporary
slope easement and waive its rights for compensation located
at the entrance to the old sewage plant on Cedar Avenue.
Parranto moved and Egan seconded the motion, all members
voted in favor, to approve the slope easement.
WILSON VS. CITY OF EAGAN, ET AL
City Attorney Hauge reported briefly concerning the
appeal to the Minnesota Supreme Court by Timothy Wilson
relating to an action in the Dakota County District Court
for loss due to the destruction of a cat. It was noted that
a settlement conference hearing will be held on March 29
and it appeared that Home Insurance Company, the liability
carrier who had defended for the City to this date, will
refuse to defend further because of the claim for punitive
damages. Upon motion by Smith and seconded by Egan, all
members voted in favor, it was RESOLVED that the City Attorney
is authorized to represent the City in the event that the
insurance carrier refuses to defend on behalf of the City.
CHES MAR EAST FIRST ADDITION
Mr. Hedges explained that certain conditions in the
approval of the Ches Mar East First Addition plat had been
eliminated from the minutes and recommended that the minutes
of October 3, 1978, be amended to incorporate the following
conditions:
1. That the approximately 14 acre park area adjacent
and north of the plat of Ches Mar East First Addition, shall
be deeded to the City prior to approval of the final plat
for the First Addition.
2. That Lexington Avenue shall be included in the plat
of the First Addition.
3. That all engineering matters, including dedication
of ponding easements and approval of grading and drainage
plans, shall be approved by the City Engineer prior to approval
of the final plat for the First Addition.
4. That no direct access for individual lots--shall be
permitted to Cliff Road or Lexington Avenue.
5. That the walkway adjacent to Lot 4, Block 1 of the
Second Addition, shall be constructed by the developer
according to specifications set forth by the Park Director.
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6. That a berming and landscaping screen according to
the plans approved by the City shall be provided for any
yard abutting a County Road which has an elevation within
five (5) feet of the elevation of the adjacent County road.
7. That all lots shall meet minimum ordinance requirements
except with a specific variance granted by the City.
8. That only two-family dwellings shall be permitted
in an R-2 area.
9. That the preliminary plat shall be approved by the
Dakota County Plat Commission prior to final approval by the
City.
Smith moved and Wachter seconded the motion to accept
the recommendation and amend the minutes. All members voted
yes.
1978 FINANCIAL STATEMENT
Mr. Hedges reviewed with the Council the preliminary
audited 1978 financial statement prepared by the firm of
Wilkerson, Guthman and Johnson and noted that an audited
statement will be prepared at a later time. No action was
taken.
BICENTENNIAL FOURTH ADDITION
Mr. Martin Colon appeared and requested that the Council
approve the final plat of Bicentennial Fourth Addition and
indicated that he would comply with all necessary ordinance
requirements of the City. It was noted that the Council had
approved the preliminary plat subject to acquisition of an
easement along the front line of the property, cross easements
for parking and completion of a development agreement. Smith
moved and Wachter seconded the motion, all members voted in
favor, to approve the final plat subject to the foregoing
conditions, and approval by the City Attorney, City Engineer
and City staff.
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D 79-48
PHYSICAL FITNESS PROGRAM AND NO-SMOKING POLICY
Chairman Wachter of the Personnel Committee reported on
the recommendation of the Committee for adoption of an amendment
to the Personnel Policy that would provide for physical fitness
by sworn police officers and volunteer Fire Department members
and no-smoking by new City employees after April 1, 1979.
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There was discussion concerning cost to implement the program,
compliance requirements, effects on current employees, etc.
There was also discussion concerning alternates including
incentives to utilize the physical fitness program and avoid
smoking. The Personnel Committee will consider the issue
further.
DUCKWOOD DRIVE AND DENMARK STREET IMPROVEMENTS
A petition from Mr. Kenneth Appelbaum requesting a
feasibility report for street improvements on Duckwood Drive
and Denmark Avenue was submitted to the Council. Smith moved
to accept the petition and to request the City Engineer to
prepare the feasibility report. Wachter seconded the motion
and all members voted yes.
LONE OAK TREE BULLETIN BOARD
A letter from the Minnesota Department of Transportation
requesting the City to remove the bulletin board on the Lone
Oak Tree because of safety problems in that people are
stopping cars to view the board. There was discussion con-
cerning the history of the plaque and the City Administrator
was requested to review the issue.
HIDDEN OAKS ADDITION
A letter from Mid Continent Equity requesting an
extension of time for an additional six months for preliminary
plat approval for Hidden Oaks Addition in the northwest corner
of Crestridge Drive and Denmark Lane was discussed. Parranto
moved and Egan seconded the motion, all members voted in
favor, to approve the request.
JOHNNY CAKE RIDGE ROAD - WILLIAM ALMQUIST
A letter from the attorney for William Almquist requesting
an additional $300 for the inability to use the pasture on the
Almquist property in 1977 due to the construction of Johnny
Cake Ridge Road was reviewed by the City Attorney. Wachter
moved and Parranto seconded the motion, all members voted in
favor, to approve the payment subject, however, to the submission
of the permanent easement from Mr. and Mrs. Almquist covering
Johnny Cake Ridge Road.
SPECIAL APPEARANCES BEFORE THE COUNCIL
There was discussion by Councilmembers concerning the
formation of guidelines for the request for special appearances
before the City Council. The City Administrator was requested
to prepare a draft and submit it to the Council for review.
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PILOT KNOB ROAD PLANS
Councilmember Wachter reported on a meeting that he
had with the Dakota County Highway Engineer regarding the
plans for Pilot Knob Road improvements in the vicinity of
Yankee Doodle Road. Wachter moved and Parranto seconded the
motion, all members voted in favor, to request the County
Engineer to prepare plans to permit divided highway including
turn lanes from Yankee Doodle Road northerly to the south
access driveway to Univac Plan.
STREET SWEEPING
Egan moved and Wachter seconded the motion, all members
voted in favor, to direct the City Public Works Director to
engage a street sweeper for sweeping the main City streets
in the early spring of 1979.
VOUCHERS
Smith moved and Parranto seconded the motion, all
members voted in favor, to approve the following vouchers:
629-643; 7896-7974; 11749-11890.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned
at 12:00 p.m.
Dated: PHH
City Clerk