01/16/1979 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 16, 1979
A regular meeting of the Eagan City Council was held on
January 16, 1979, at 6:30 p.m. at the City Hall. Those pre-
sent were: Mayor Murphy, Councilmembers Parranto, Egan,
Smith, and Wachter. Also present were: Engineer Gordon,
City Public Works Director Colbert, City Administrator Hedges
and City Attorney Hauge.
AGENDA
After the Pledge of Allegiance, the City Council reviewed
the agenda. Mrs. Goers from Cliff Road was present and asked
if the Council would request state funding for Cliff Road due
to the improvement to Cliff Road was created by the additional
zoo traffic. City Administrator Hedges reported that the
written request made to Mn/DOT indicated that there was no
assistance available for that purpose. Wachter then moved
and Egan seconded the motion to direct the City Administrator
to request funding from the State of Minnesota through the
legislature, if necessary, and that the staff review the issue
in greater detail. All members voted in favor. The agenda
was approved with the addition of Mrs. Goers to the agenda.
MINUTES
Egan moved and Parranto seconded the motion, all members
voted in favor, to approve the minutes of the January 2, 1979
meeting with the exception on page 7 that Smith moved and Egan
seconded the motion, all members voted in favor to approve
the development bond reductions according to the list in the
minutes.
POLICE DEPARTMENT
Chief DesLauriers appeared and recommended that the
Council promote two part-time patrolmen, Kevin Putt and Greg
Johnson, to fulltime effective February 1, 1979 for Kevin
Putt and April 1, 1979 for Greg Johnson. Councilmembers
indicated that there was no provision in the budget for two
additional fulltime patromen and there was discussion concern-
ing possible sources for funding. After considerable discus-
sion, Wachter moved and Murphy seconded the motion to hire the
two patrolmen fulltime according to the schedule outlined
by Mr. DesLauriers, subject, however, to staff locating adequate
funding for the two additional fulltime patrolmen. Those in
favor were: Murphy, Wachter, Parranto. Those against were:
Egan and Smith.
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City Council Minutes
PARK DEPARTMENT
There was no Park Department business.
PUBLIC WORKS
Public Works Director Colbert reported:
1. Sewer Rodding Machine. Mr. Colbert stated that bids
were opened on January 11, 1979 for a sewer rodding machine
and only one bid was submitted after sending specs to four
companies. The only bid was from Flicks Pipe Company in the
sum of $10,183 and it was recommended for approval. Egan
moved and Wachter seconded the motion, all members voted yes,
to approve the purchase.
2. Front End Loader. Mr. Colbert then went into a
lengthy explanation concerning bids received on January 11,
1979 for a front end loader from five companies with the low
bid from Road Machinery & Supply Company for $50,965 for a
model 45C loader and Carlson Tractor & Trailer Equipment
Company, the second low bidder, at $51,695 with $770 in
additional options. The Public Works Director recommended
that the second low bid of Carlson Tractor & Trailer Company
be approved for numerous reasons provided in a memorandum
outlined by Mr. Colbert, including the fact that it is a
superior machine. He recommended approval of the bid of
Carlson Tractor, together with the options in the amount of
$770. Wachter moved and Smith seconded the motion to approve
the bid of Carlson Tractor for $51,695 plus $770 in options.
All members voted in favor.
3. Excess Storm Sewer Pipe. It was noted that the City
has arranged for the sale to Parrott Construction Company of
$2,118.60 excess storm sewer pipe from the Sibley Terminal
Industrial storm sewer project that had been salvaged and it
was recommended that the funds be used to purchase a gas
detector, air pack and an electronic metal locator for a sum
of $1,940. Smith moved and Wachter seconded the motion, all
members voted yes, to approve the sale of the storm sewer pipe
and the purchase of the equipment mentioned above. Member
Parranto commended the City employees for saving the storm
sewer pipe and the resulting saving of City funds.
WOODGATE HOMEOWNERS ASSOCIATION
Mrs. Olga Zender and other residents of Johnny Cake Ridge
Road in Woodgate Addition appeared and requested that the stop
sign be installed at Johnny Cake Ridge Road and Hickory Hill.
Mrs. Zender and others expressed their concern for the safety
of the children and the need for a crosswalk in that location.
Public Works Director Colbert and Police Chief DesLauriers
recommended against stop signs too frequently on collector
streets for even flow of traffic. A letter of December 13, 1978
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January 16, 1979
City Council Minutes
by Mr. Colbert to the Woodgate Homeowner's Association was
reviewed. Following discussion, Smith moved to instruct the
Police Department to acquire a sample of speeds in the general
area by the use of an unmarked car and following that to
authorize a stop sign at the intersection of Johnny Cake Ridge
Road and Hickory Hill for a three month trial period following
with an evaluation to determine whether it should be retained;
further, that the staff be instructed to coordinate with the
Rosemount School District to determine whether possible
revision of the school bus stops could be worked out.
Wachter seconded the motion, all members voted in favor except
Parranto who voted no..,
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PROJECT #252 - PUBLIC HEARING
The Mayor then convened the public hearing regarding
Wilderness Run Road street improvements consisting of Project
#252. City Engineer Gordon explained the project and stated
that there would be a pathway on the side of the road connecting
the existing location of Wilderness Run Road with Lexington
Avenue proposed. He indicated that about one-half of the
estimated $95,000 will be assessed against benefitted
property owners. There was also discussion concerning the
proposed agreement with the County regarding Lexington Avenue.
Wachter moved and Egan seconded the motion, all members voted
in favor, to approve the project and order it in and to direct
the City Engineer to prepare the plans and specifications.
PROJECT # 262 - BEACON HILL ADDITION
The public hearing regarding Project #262 consisting of
sewer, water, storm sewer and street improvements to proposed
Beacon Hill Addition covering Project #262 was next convened
by the Mayor. Mr. Gordon explained the project. A letter
dated January 15, 1979 from Dunn & Curry Real Estate Management,
Inc., requesting that the project be approved and further
stating that Dunn & Curry will guarantee the cost of the
installation of the improvements for the model home was read.
It was further noted that Mr. Hardy was present from Dunn &
Curry and that the developer will install the utilities in
the model home area on its own or would consent to the City
installing the improvements. There was discussion about the
Council's decision not to approve projects until all ordinance
requirements have been fulfilled. Parranto moved to close
the hearing, to order in the project subject, however, to
the filing of the final plat and the fulfilling of the necessary
ordinance requirements including PUD Agreement and Development
Agreement with the understanding that Dunn & Curry will
guarantee the improvements. Smith seconded the motion; all
members voted in favor.
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City Council Minutes
ORGANIZATIONAL BUSINESS
1. Acting Mayor. Mayor Murphy nominated Councilmember
Wachter. There were no other nominations and Councilmember
Wachter was selected to be Acting Mayor for 1979.
2. City Depositories. A list of seventeen banks recom-
mended for depositories for investment of City funds was
reviewed by the Council. Egan moved and Smith seconded the
motion, all members voted in favor, to approve the seventeen
banks for depositories.
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3. Legal Newspaper. Smith moved and Wachter seconded
the motion to approve the Dakota County Tribune as the legal
newspaper for 1979 for the City. All members voted yes.
4. Health Officer. Smith moved and Wachter seconded
the motion, all members voted yes, to continue Cedarvale Medical
Clinic as the Health Officer for the City for 1979.
5. Official Posting Places. Parranto made the motion
and Wachter seconded the motion, all members voting in favor,
to designate the following as the official posting places for
1979:
a. City Hall.
b. Lone Oak Tree at Highway #49 and Lone Oak Road.
c. Applebaum's Food Market in Cedarvale Shopping Center.
6. Council Meetings. Smith moved and Parranto seconded
the motion to designate the 1st and 3rd Tuesday of each month
at 6:30 p.m. as the official date and time of the regular City
Council meetings for 1979.
7. Committee Appointments. Mayor Murphy appointed the
following committees for 1979 all of which are similar to 1978:
a. Personnel Committee - Wachter, Chairman; Egan,member.
b. Finance Committee - Parranto, Chairman; Smith, member.
c. Community Development and Public Relations Committee -
Smith, Chairman; Murphy and Wachter, members.
d. Public Works Committee - Wachter, Chairman;
Wachter, member.
8. Fiscal Consultants. Smith moved and Parranto
seconded the motion to retain Miller & Schroeder, Inc., as
fiscal consultants for 1979. All members voted in favor except
Murphy who voted no.
9. Advisory Planning Commission and Advisory Park
Committee Appointments. No action was taken on the appoint-
ments at the present meeting.
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January 16, 1979
City Council Minutes
LAKE PARK ADDITION PRELIMINARY PLAT
Member Parranto excused himself from consideration or
voting on the application because of a potential conflict in
interest. Mr. Phil Carlson of Howard Dahlgren and Associates
appeared on behalf of J.P.K. Park Company, Inc., the developers
of Lake Park Addition formerly known as Rasmussen Addition on
Cliff Road.
The 16 acre parcel would exclude Lots 2 and 11 of Rasmussen
Addition with a balance of 14 lots. The proposal would
include 22 lots and there was discussion concerning park issues
whereby Outlot A would be dedicated to the City. The Council-
members recommended changing the name of Cedarcrest Lane to
another name and also to study the tie-in for the proposed
cul-de-sac at Thomas Lake Addition. It was noted that no
recommendation was made by the APC concerning the application
for preliminary plat approval. The report of John Voss, Plan-
ning Consultant, was dated December 13, 1978,and was reviewed.
Smith moved and Wachter seconded the motion to approve the
application subject to the recommendations of the City
Planner in his report of December 13, 1978, and the conditions
in the report of the Director of Public Works dated December
14, 1978. All members voted in favor except Parranto who
did not vote.
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CARRIAGE HILLS GOLF COURSE 3.2 BEER LICENSE
The application of William Smith for 3.2 beer license for
Carriage Hills Golf Course was next reviewed. In the report
from Dale Runkle, dated January 12, 1979, it was noted that
Public Facility District did not provide for 3.2 beer licenses.
The recommendation was made to amend the Ordinance #52 to
provide for conditional use permits for 3.2 licenses. Smith
moved and Egan seconded the motion, all members voted in favor,
to authorize an amendment to Ordinance #52.07, Subdivision 6,
Public Facility District, to provide for conditional use
permits for 3.2 on-sale beer licenses at golf courses with
club houses only and that a temporary license with the maximum
of four days be permitted upon application to the Council in
other uses zoned Public Facility.
CAMERON ADDITION
A request from the developer of Cameron Addition for an
extension of time of one year to file the final plat was next
discussed. Parranto moved and Smith seconded the motion to
extend the time for completion of the final plat for an
additional six months beyond the expiration date; further, at
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January 16, 1979
City Council Minutes
that time, the Council will again review the matter. Smith
then moved to amend the motion to make the extension subject
to the completion of the PUD Agreement and Development Agree-
ment. Parranto seconded the motion, all members voted in
favor of the amendment except Egan who voted no. All members
voted in favor of the original motion as amended except Egan
who voted against.
GAMBLING ORDINANCE #70
City Attorney Hauge and City Administrator Hedges reviewed
a proposed draft of a bingo and gambling ordinance prepared
in conjunction with legislation in 1977 covering bingo and in
1978 covering gambling. There were numerous questions con-
cerning the draft and there was no action on the draft until
the Council has had further time to study the ordinance and to
review at a future meeting. In addition, a proposed fee
schedule for raffles, bingo, and other gambling devices was
reviewed by the Council.
SUPERAMERICA FINAL PLAT
A request of SuperAmerica for extension of time for a
period of six months to file the final plat at Yankee Doodle
Road and Pilot Knob Road was next considered. Wachter moved
and Egan seconded the motion, all members voted yes, to
approve the extension of time for six months subject to
necessary ordinance requirements including execution of a
Development Agreement.
PARK CLIFF ADDITION
A letter from Mr. Richard Winkler requesting extension
of time until May 31, 1979, for submission of the final plat
of Park Cliff First Addition was next discussed. It was
understood that the First Addition will be revised. Parranto
moved and Wachter seconded the motion, all members voted in
favor, to approve the extension of time to February 7, 1979,
to permit the applicant to submit changes in the First Addition.
1979 TRUNK STORM SEWER RATES
A letter of November 30, 1978, from the City Consulting
Engineer recommending trunk storm sewer area charges for 1979
was explained by City Engineer Gordon. The recommended rates
for single family residential were $.03 per square foot;
multiple family residential - $.0375 per square foot; commer-
cial and industrial - $.0450 per square foot. Smith moved
and Wachter seconded the motion, all members voted yes, to
adopt and approve the proposed rates for 1979.
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January 16, 1979
City Council Minutes
PEOPLE'S NATURAL GAS INCREASE
A letter from Mr. Vern Mohlis of People's Natural Gas
in Farmington notifying the City of an increase in domestic
and commercial gas customer rates effective January 18, 1979,
was presented. No action was taken.
MN/DOT TECHNICAL SUPPORT AND SERVICE AGREEMENT
City Administrator Hedges submitted an agreement with
Mn/DOT referred to as a Mn/DOT Agency Engineering Technical
Assistance Agreement allowing the State of Minnesota to accept
federal funds for the City on projects initiated by the City.
The staff recommended approval. Parranto moved and Egan
seconded the motion to approve and order the agreement to be
executed. All members voted yes.
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VENDING MACHINE INSPECTION
Mr. Hedges reviewed with the Council the policy of the
City in charging inspection fees for vending machines and a
letter from City Attorney Hauge dated December 28, 1978 was
discussed. It was noted that the Metropolitan area city
clerks are going to be reviewing the vending machine inspection
issue and no action was taken.
1979 SALARY SCHEDULE
It was noted that salaries for general City employees
were approved at the January 9, 1979 special meeting, that
police association wage negotiations are continuing and that
the public works maintenance persons contract through the
Teamster's Union covers 1978 and 1979.
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ANIMAL WARDEN RESIGNATION
A letter of resignation from Robin Clarey resigning as
Animal Warden for Eagan effective February 4, 1979 was read.
Smith moved and Egan seconded the motion, to accept the
resignation and to authorize advertising for animal warden.
All members voted yes.
OFFICE CLERK AND RECEPTIONIST
City Administrator Hedges stated that he recommended
Brenda Waldera, the present receptionist at the City Hall, to
be promoted to the position of office clerk as the assistant
to the Utility Clerk and Assessment Clerk, and Janis Hart as
the City receptionist. Parranto moved and Wachter seconded
the motion, all members voted in favor, to hire the above
named two persons effective January 22, 1979.
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January 16, 1979
City Council Minutes
IMPROVEMENT PROJECT #232A - CHANGE ORDER #1
The purpose of change order #1 would be for sanitary sewer
and water to model homes in Beacon Hill Addition at a cost of
$34,926. Dunn & Curry has indicated that it will proceed on
its own or would request the City through Encon Utility
Company to install the improvements as a change order to
Project #232A. Smith moved to deny Change Order #1 to be
accomplished by the City and that Dunn & Curry be advised
that before any connections to public utilities be made that
permission must be granted by the City. Parranto seconded
the motion, all members voted in favor.
CHANGE ORDER #2 - PROJECT #232A - J.I. CASE COMPANY
Change Order #2 in the sum of $10,320 for sewer and water
connections for J.I. Case Company property on Highway #55 was
next considered. Parranto moved and Wachter seconded the
motion, all members voted in favor, to approve the change
order.
WESCOTT ROAD CHANGE ORDER - PROJECT #225
City Public Works Director Colbert stated that because
of some subsoil problems,that 2,000 cubic yards of granular
borrow consisting of Part 2 and excavation consisting of
Part 1 to the Change Order be recommended for approval. The
total amount was $17,574. Egan moved and Wachter seconded
the motion, all members voted in favor, to approve the Change
Order.
CHANGE ORDER - PROJECT #232A
Mr. Colbert then recommended the approval of C.O. #3
to Project #232A for $10,425 as requested by the developer of
the Easy Mini Storage for access across Highway #13 for sewer
and water services. Wachter moved and Parranto seconded the
motion, all members voted in favor, to approve the change
order.
NU-WAY BUILDERS VS. E.H. WILLMUS AND CITY OF EAGAN
The City Attorney discussed with the Council the proposal
from the attorney for the plaintiffs in the Nu-Way Builders
action consisting of Mallard Park First Addition to dispose of
the claim against the City. Council members indicated that
they were lead to believe by Mr. Willmus, the original developer,
that all three Mallard Park Additions would be developed for
single family purposes and that the current single family zoning
would not be changed. After considerable discussion, Smith
moved and Egan seconded the motion to authorize the City
Attorney to enter a defense on behalf of the City in conjunction
with the Midland Insurance Company defense for the damage claim;
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City Council Minutes
that the Council would not approve a rezoning of the property
from R-1 to R-2 because of the understanding that it would be
developed for single family purposes and further to authorize
interposing a cross claim against E.H. Willmus and Sons for
any damages incurred by the City of Eagan. All members voted
in favor except Murphy who voted no.
LEASE FOR ORR HOUSE
Mr. Hedges presented a proposed lease with Harry Draxton
for a one-year period commencing January 14, 1979, at $300 per
month rent for the Orr house behind the Police facility.
Parranto moved and Wachter seconded the motion, all members
voted yea, to approve the lease.
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KEHNE HOUSE LEASE
Mr. Hedges stated that Mr. McGuffee is vacating the
Kehne house in Patrick Eagan Park and recommended approval of
a lease with a new tenant for $325 per month for one year
effective February 1st subject to signing of a lease. Smith
moved and Parranto seconded the motion to approve the lease
subject to the recommendations of the City Administrator. All
members voted yes. Parranto then moved and Wachter seconded
the motion to authorize the purchase of a water softener for
the Kehne home in the sum of $355. All members voted in favor.
D 79-14
POLICE BUILDING CHANGE ORDER
The change order in the sum of $648 for leveling the
pre-stressed floor at the Police facility building was presented.
Wachter moved and Smith seconded the motion, all members voted
yes, to approve the change order with Henry O. Mikkelson Company.
URBAN PLANNING AND DESIGN FEE SCHEDULE
A proposed fee schedule from John Voss of Urban Planning
and Design for 1979 was discussed. No action was taken and
further inquiry was requested of the City Administrator
regarding the schedule.
WILLIAM ABEL DOG KENNEL AGREEMENT
Councilmember Smith moved and Councilmember Parranto
seconded the motion, all members voted in favor, to approve
the agreement with Mr. and Mrs. William Abel for dog kennel
purposes for the City as submitted by the City Administrator.
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City Council Minutes
HEINE POND - STORM SEWER PROJECT
A letter from Mr. Charles Dayton,attorney for certain
homeowners on Heine Pond regarding the storm sewer project
in that area was reviewed. It was noted that permit appli-
cations had been submitted by the Department of Natural
Resources and that no construction was taking place at the
present time covering the storm sewer under Thomas Lake Road.
Further review of the status of the permit application to DNR
was requested of the staff and a meeting will be held between
the staff and residents of Heine Pond area within the next
week.
BUILDING CODE REVISIONS
Councilmember Parranto recommended that the Public Works
Committee review the possibility of changing the applicable
City ordinance requirements to require completion of utility
and streets before occupancy of any new homes in new subdivisions.
The matter was referred to the Public Works Committee.
VOUCHERS
Smith moved and Wachter seconded the motion, all members
voted in favor, to approve the following vouchers: 597-608;
7538 - 7626; 11319 - 11438.
ADJOURNMENT
Parranto moved and Egan seconded the motion, all members
voted in favor, to adjourn at 11:45 p.m.
PHH
DATED: January 16, 1979
'City Clerk