Loading...
07/15/1980 - City Council Regular 0x.66 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 15, 1980 A regular meeting of the Eagan City Council was held on Tuesday, July 15, 1980 at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Parranto, Smith and Wachter. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Egan moved to approve the agenda, Wachter seconded the motion, to include the item for request for purchase of voting machines. All voted yes. MINUTES Smith moved, Parranto seconded the motion to approve the minutes of the July 1, 1980, Council meeting with a revision on page 7 regarding administrative transfer for utility improvements that there were no objections in using the funds as a revenue raiser and the Finance Committee recommended against the increase at this time but would consider it at budget time; further, on page 8 that the Council would request that Dunn & Curry and the developer of the commercial area attempt to work out a resolution to the Safari At Eagan issue. All voted in favor. FIRE DEPARTMENT Fire Chief Bob Childers was present. 1. Mayor Blomquist presented a check in the sum of $34 to the Fire Chief to be used for the Eagan Fire Department Vehicle Fund from the Eagan Old Car Show on the Fourth of July. 2. The Mayor then presented a resolution concerning the first fire engine owned by the City called "Ginny" providing that the City would retain the vehicle as part of its historical background, that it would provide a place to keep it and document its history including keeping the truck restored. Blomquist moved, Smith seconded the motion to approve the resolution. All voted in favor. R 80-59 Mayor Blomquist also presented a shop manual for the fire truck to the Chief. Mr. Childers accepted the gift from the Eagan Old Car Show, the shop manual and directive from the Council and thanked the Council for the presentations. VOTING MACHINES City Clerk Alyce Bolke was present and reviewed with the Council her memoran- dum dated July 9, 1980, proposing the purchase of 20 additional votamatic voting machines priced at $230 per unit. She indicated that it was anticipated that she expects heavy voter turnout for the 1980 presidential election and that the addi- tional machines were helpful to relieve the voting pressure on election day. Wachter moved, Blomquist seconded the motion to approve the expenditure from the general City budget. Certain members of the City Council indicated that it was not budgeted and should be considered at a later special meeting of the Council. Those in favor were Wachter and Blomquist. Those against were Parranto, Smith and Eagan. City Council Minutes July 15, 1980 GC5`' Page Two Parranto then moved to continue consideration of the purchase of the voting machines until a special meeting to consider their purchase. Smith seconded the motion, all voted in favor. PARK DEPARTMENT 1. Park Name Guidelines. Mr. Vraa presented the second draft of a suggested guidelines for naming City parks including the process suggested by the Advisory Park Committee. After discussion, Wachter moved, Parranto seconded the motion to adopt the guidelines as presented. All voted yes. D 80-63 2. Tree removal policy. The policy procedure adopted by the Park Committee and recommended for approval covering tree removal authorizing residents to receive permission to remove dead trees from City park land for use as fire wood was next reviewed. Smith moved, Egan seconded the motion, to adopt the procedural outline including the nine provisions adding the provision that when the tree is cut down that the City is not responsible for the tree and the residents sign a statement to that effect. D 80-64 CONSENT AGENDA The following items were submitted: 1. Beer License for Cedarvale All Stars. The application was recommended for approval for temporary 3.2 beer license for the Cedarvale All Stars at Univac Park Field on August 16 and 17, 1980. 2. Change Order No. 4 for improvement Project #216B. Change Order #4 for Improvement Project #216B consisting of Mallard Park streets in the sum of $7,795 was recommended for approval. 3. Improvement #79-1, Change Order #3. Change Order No. 3 for improvement #79-1 for Becon Hills utilities in the sum of $12,393.94 was recommended for approval by the Public Works Director. 4. Change Order No. 1 to Improvement #79-6. The change order consisting of five parts for Improvement #79-6, Thomas Lake to Blackhawk Lake storm sewer was recommended for approval as follows and recommended for approval: Part 1 - $18,457.50 Part 4 - $655.00 Part 2 - $2,167.69 Part 5 - $841.50 Part 3 - $602.12 The total amount is $22,733.81. 5. Change Order No. 2 to Improvement Project #79-16. Change Order No. 2 for Improvement Project #79-16 for street improvements to Park Cliff Addition cover- ing part no. 1 in the sum of $4,706.50 and part no. 2 for $7,394.80 with a total of $12,101.30 was recommended for approval. Council Minutes July 15, 1980 Page Three 6. Change Order No. 2 to Improvement #79-18. Change Order No. 2 for Improve- ment #79-18, Brittany, Thomas Lake and Lake Park utilities, consisting of three parts totaling $3,558.78 was recommended by the Public Works Director for approval. 7. Change Order No. 1 to Improvement #79-20. It was recommended that Change Order No. 1 for Improvement #79-20, Duckwood Drive and Denmark Avenue street improve- ments will be paid from the City's collector street fund in the sum of $12,954.89. 8. Change Order No. 3 to Improvement Project #79-21. The Overview Estates Change Order No. 3 for Improvement Project #79-21 consisting of storm sewer, part no. 1 at $8,048 and part no. 2 at $7,375 for a total of $16,723 was recommended for approval to the City Council. 9. Change Order No. 1 to Improvement #79-24. Change Order No. 1 for Improve- ment 4679-24, Cedar Avenue trunk relocation, in the total amount of $8,899.89 was recommended for approval. 10. Gambling License, Lost Spur. A combination gambling and bingo license application from the Lost Spur was submitted and recommended for approval. 11. LOGIS. Finance Director Gene VanOverbeke reviewed the Ramsey County Consortium regarding computer services for the City through a supplemented memo- randum to the Council. The Finance Director and Administrator recommended that LOGIS be implemented by the City and the Council authorize proceeding with LOGIS on a temporary basis at the present time and that the joint cooperative agreement with LOGIS be authorized for signature. R 80-60 A 80-15 Upon motion by Wachter, seconded Eagan, it was RESOLVED that the consent items be recommended for approval and adopted with the understanding that Lakeside Estates Improvement #79-21 change order application will be assessed against the lots owned by the developer, Tom Waite, and that a waiver of hearing and objection signed by him be conditional upon approval. All voted yes except Parranto who abstained as to Change No. 2 to Improvement Project #79-18 regarding the Lake Park Addition utilities because of his interest in the project. IMPROVEMENT PROJECT #292 HIGHVIEW AVENUE Mayor Blomquist convened the continued public hearing regarding Improvement Project #292 Revised for Highview Avenue street improvements continued from the July 1, 1980, meeting. The letter sent by the City Administrator to each property owner owning property on the east half of Highview Avenue explained the Council's posi- tion concerning the upgrading of Highview Avenue. Some residents were present at the Council meeting. After discussion, Smith moved, Egan seconded to close the hearing and not order in the street improvements on the eastern portion of the road. Council Minutes July 15, 1980 Page Four IMPROVEMENT #313, BRUESTLE SEWER The Mayor convened a public hearing regarding Improvement #313 concerning sanitary sewer for the Bruestle property on Pilot Knob Road. The City Engineer explained the project and Charlotte Bruestle was present and stated that the Bruestle family does not favor the project at this time. There was discussion concerning the open cut across Pilot Knob Road and the fact that the County did not authorize the cut. Egan moved, Wachter seconded the motion to close the hearing and to deny the project. All voted yes. CABLE TV COMMITTEE The Eagan Cable TV Committee was organized by the City Council at the July 1, 1980, meeting and its resident membership was solicited by the administrator's office. Mr. Hedges reviewed letters from persons interested in becoming members of the committee and indicated that seven persons indicated an interest. Wachter moved, Smith seconded the motion to appoint the seven persons to the Committee and further requested that one or two members of the Advisory Planning Commission also be invited to become members of the Committee with the understanding that there will be no more than seven lay resident members of the Committee. All voted in favor to appoint the following: Jerry L. Ulrich Karen Mathena Robert E. Peterson Barry Tilley Steven J. Maltson George Fryman Robert Hill IMPROVEMENT NO. #80-23, HIGHLINE TRAIL The plans and specifications for Improvement #80-23 consisting of the trail to Rahn Park, Thomas Lake Park, and the NSP Highline area were next presented by the City Engineer. The Council, on July 1, requested the staff incorporate an amendment for the proposed use of a snowmobile and horse riding trail. It was noted that the Park Committee had again considered the trail and determined that the trail should be constructed higher than the high water level recorded for the pond around which the trail would be located. The Park Committee approved the plans and specifications on July 10, however, conditional upon establishing the level of the pond higher than the recorded high water level of the adjoining pond and also that a culvert equalize the water level of the two adjoining ponds. The Engineer was directed by the Council to prepare a cost estimate. Smith moved, Blomquist seconded the motion to approve the plans and specifications as revised and to authorize the Clerk to advertise for bids that would be opened on August 7, 1980, at 3 p.m. at the City Hall. All voted in favor. WEDGWOOD FIRST ADDITION FINAL PLAT Mr. Rod Hardy appeared on behalf of the application of Dunn & Curry Real Estate Management, Inc., for final plat approval of Wedgwood First Addition. The City Attorney discussed the development agreement and indicated that a final draft had been prepared with the revisions as requested by the developer. In addition, there was discussion concerning area assessments in the proposed park area. Council Minutes :.'I July 15, 1980 A`' Page Five Mr. Hardy requested that all area assessment including storm sewer, sanitary sewer, and water assessments be respread over the proposed single family lots within Wedgwood Addition on an equal per lot basis. Parranto moved, Wachter seconded the motion, all voted in favor, to approve the final plat subject to final execution of the Development Agreement, dedication of the required park land, respreading assessments as provided above, and compliance with all other ordinances and condi- tions of the City. All voted yes. D 80-65 R 80-61 CANTERBURY FOREST FINAL PLAT The application for final plat approval of Canterbury Forest was next presented to the Council and Mr. Hardy explained the project to the Council. The final Development Agreement has not been executed and the final draft has now been submitted to the developer. Wachter moved, Egan seconded the motion, to approve the final plat subject to the execution of the development agreement and compliance with all necessary requirements of the City. All voted yes. D 80-66 R 80-62 POLICE BUILDING At this point very sudden heavy rains and winds of up to 90 miles per hour through the Eagan area forced the Council to move the meeting to the basement of the Police facility where emergency lighting was available. LEMBKE FIRST ADDITION PRELIMINARY PLAT Mr. and Mrs. Werner Lembke and Del Schwanz were present regarding their application for preliminary plat approval of Lembke First Addition. The Advisory Planning Commission had recommended approval on July 8, 1980, subject to conditions. The applicants indicated that they agreed with all the conditions and indicated no further development would take place on the northerly portion of the property. Smith moved, Egan seconded the motion to approve the preliminary plat subject to all recommendations of the Advisory Planning Commission as follows: 1. The proposed steel building shall have no garage doors on the Wescott Road side. 2. An asphalt surface shall be provided and employee parking should be pro- vided on the west side of the proposed building. 3. The storage area shall contain crushed limestone and dust control measures shall be enforced. 4. There shall be no tractors or trailers stored on the property which do not have current licenses. 5. The proposed facility should be limited to between ten (10) and fifteen (15) trucks and trailers. 6. No truck or trailer parts or materials or other debris shall be stored outside of the building. 7. Trucks and trailers shall not be parked outside of the storage area. Council Minutes July 15, 1980 C r',t Page Six 8. The house on the plat should be restricted to either an office or home for the caretaker of the facility. 9. Solid screening should be provided along Wescott Road and on the east property line of the facility with the plan to be approved by the City staff. 10. A $2,000 landscape bond shall be required and not released until one (1) year after the landscaping has been completed. 11. The proposed fuel tank shall meet all the requirements of the Eagan and State Fire Mashalls and the MPCA. 12. The proposed building should be required to be hooked up to City water service and the existing on-site sewer disposal system for the existing house must be reviewed and approved by the City prior to the construction of any new septic system. All members voted in favor. D 80-67 TWIN VIEW MANOR SECOND ADDITION PRELIMINARY PLAT The application for preliminary plat approval of Twin View Manor Second Addition located on Lots 1 through 6 and Lots 10 through 16, Block 4, Twin View Manor, was next presented. The Advisory Planning Commission had reviewed the a-pplication on March 25, 1980, and recommended approval on July 9, 1980, after further consideration by the staff. The staff members indicated that it appeared to be a feasible plat. There was considerable discussion concerning grades of lots and streets and the impor- tance of the street profiles and cross sections prior to development of the plat. Smith moved, Parranto seconded the motion, to approve the three variances as follows: (a) on-site grades for the streets and the lots shall be submitted to the Council for approval; (b) the variance for Lot 4 setback, the variance for Lot 10 minimum width to allow 30 foot street access, and the variance for length of cul-de-sac; further, approval of the preliminary plat subject to the following conditions: 1. The plat should be approved, subject to the Walden Heights final plat being recorded, because access to Twin View Manor Second Addition is provided from a stub street from the Walden Heights Addition. 2. The developer of Lot 4 would be required to locate and construct the housing pad in the area shown on the plat submitted at the APC meeting. 3. The plat should be subject to the Dakota County Plat Commission's comments because the plat does abut a county road. 4, A revised grading and drainage plan shall be submitted indicating house bench elevations for each individual lot and how access is to be provided to Lot 5. 5. A 20-foot utility easement shall be dedicated to provide for the utilities to the Twin View Manor Addition as determined by the City. 6. That the developer proceed with a petition to vacate Richard Lane and the north end of Erik's Boulevard. 7. That the owner will grant a 20-foot utility easement as determined by the City staff for the installation of utilities in Twin View Manor. Council Minutes July 15, 1980 r-tF-3 Page Seven All members voted yes except Parranto who voted no. D 80-68 JOYCE ADDITION REZONING AND PRELIMINARY PLAT The application of Reverend and Mrs. Reuben Meissner for rezoning from GB and R-l to GB, R-2 and R-1 and preliminary plat approval of Joyce Addition, located in Auditor's Subdivision 38 near the intersection of Highways #55 and #49 was next considered by the Council. The Planning Commission recommended approval subject to conditions at their July 8 meeting. Reverend and Mrs. Meissner were present as was Del Schwanz for the applicant. The storm sewer problem in the area was discussed and it was recommended that the storm sewer report for the area be updated. Parranto moved, Wachter seconded the motion, to continue the applica- tion and further to direct the City Engineer to update the feasibility study for storm sewer for the T. H. #55 area and Burr Oak Pond storm sewer area for an ad- ditional 30 days. All voted yea. L & F ADDITION PRELIMINARY PLAT The application of Ralph Linvill for rezoning from Flood Plain District to Limited Industrial District and preliminary plat approval of L & F Addition near the former Palmer Nursery property on the west side of Cedar Avenue at the railroad right of way was next considered. The applicant requested that the applications be continued until the August 5 meeting. Egan moved, Wachter seconded the motion, all voted in favor to continue the item until the August 5 meeting: BRITTANY ADDITION VARIANCE The application of William Dolan for variance covering Lot 1, Block 1, Brittany Addition, was next considered by the Council. There were no objections and no appearance for the applicant. The APC recommended approval on July 8, 1980. Parranto moved, Smith seconded the motion to approve the application subject to conditions proposed by the Planning Commission as follows: 1. All other setback requirements and ordinances shall be met. All voted yes. GRANVILLE HOUSE SPECIAL USE'-PERMIT The application of Granville House, Inc'., for a special use permit for an extended care facility for chemically dependent adolescents at 722 Blue Gentian Road was next considered. Two representatives of the applicant were present to explain the project and indicated that Granville House will purchase the Ames Estate on Blue Gentian Road and approximately 30 occupants will be housed in the property. The City Planner made certain recommended conditions in the event of approval by the Council. It was noted two other adjacent houses are being used for counseling and some similar purposes. There were no objections to the application. The City Councilmembers recommended, however, that a public hearing be held and adjoining property owners be noticed and that the issue be considered at the next meeting of the Council. Egan moved, Smith seconded the motion to direct the staff to notice the surrounding property owners and that the matter be considered at the August 5 Council meeting. All voted yes. Council Minutes July 15, 1980 OC 17 Page Eight HIGHVIEW AVENUE ROGER SPERLING Mr. Roger Sperling was present and discussed the problems in the Highview Avenue area with the Council indicating that there are serious speeding problems on Highview Avenue. He also had questions concerning the street and storm sewer improvements on Highview. He requested additional traffic control on the street be ordered by the Council. Blomquist moved, Wachter seconded the motion, to direct the police department to investigate the speed control problems for the purpose of recommending installation of traffic signs on Highview Avenue. All voted yes. ELLIOTT AUTO SUPPLY IDR BONDS The IDR Mortgage final documents had been submitted to the City Administrator and City Attorney for review and it was recommended that the closing resolution be approved and authorized for signature by the City Council. Wachter moved, Parranto seconded the motion, to approve the documents submitted including the final resolu- tion for issuance of industrial revenue financing for Elliott Auto Supply in the sum of $848,000 located in Eagandale Center Industrial Park. All voted yes. SEE BOND FILE WEST PUBLISHING COMPANY EXCAVATION PERMIT Eldon Ajax was present on behalf of the application of West Publishing Company for an excavation permit on a 4.6 acre site proposed to be purchased by West Publishing Company at the corner of Highway #49 and County Road #63. Mr. Colbert recommended approval subject to compliance with ordinance no. 8. There were no objections. Wachter moved, Egan seconded the motion, all voted in favor, to accept the recommendation. IMPROVEMENT #80-16 GALAXIE AVENUE GRADING The bid for Improvement #80-16, covering Galaxie Avenue grading, received on July 10, 1980, was submitted and it was recommended that the low bid be awarded in the amount of $174,550 to Enebek Construction Company. It was noted that the estimate was $264,000. Mr. Rosene indicated that the Mn/DOT MSA office has not approved the plans and that the Dakota County Board must consider the temporary slope easements and the assessments against the county park land. Smith moved, Egan seconded the motion to continue the determination of the award of the bid until August 5, 1980. All voted in favor. IMPROVEMENT #80-15--STREET IMPROVEMENTS The bids were received for the Silver Bell Road and Deerwood Drive street improvements consisting of Improvement #80-16 on July 14, 1980. The low bidder was Bituminous Roadways in the sum of $195,059.30. The engineer's estimate was $213,000. It was noted that certain easements on Silver Bell Road had not been acquired. Parranto moved, Wachter seconded the motion, to award the contract to the low bidder, Bituminous Roadways, in the sum of $195,059.30 subject, however, to Minnesota State Aid, Mn/DOT approval and acquisition of the necessary ease- ments. All voted in favor. Council Minutes July 15, 1980 r Page Nine IMPROVEMENT #80-11, BIDS FOR BRITTANY MANOR 2ND AND 3RD ADDITION UTILITIES The bids for Improvement #80-11, consisting of sanitary sewer, water main, and storm sewer improvements for Brittany Manor 2nd and 3rd Additions were received on July 10, 1980. The low bidder was Thomas Montgomery Construction in the sum of $225,234.60. The engineer's estimate was $280,000. The engineer recommended approval subject to acquisition of necessary easements. The Council again objected to the use of the name "estates" for Brittany 1st Addition and noted the developer had not revised the name. Smith moved, Egan seconded the motion, to approve the low bid of Thomas Montgomery Construction and authorize the award of the contract subject, however, to the acquisition of all necessary easements and subject to the change.in name of the First Addition with the exclusion of "estates". All voted yes. IMPROVEMENT #80-18, 1980 SEAL COAT PROJECT The bids for the 1980 Seal Coat project consisting of Project #311 were received on July 10, 1980, with the low bid of G & L Seal Coating Inc. with a total base bid of $95,560.90. The Engineer's estimate was $94,000. A deduct was recommended in the sum of $6,190.67 for a total base bid of $89,362.23 with the understanding that the City will perform the street sweeping after completion of the seal coating project. Egan moved, Wachter seconded the motion to approve the contract with G & L Seal Coating Inc. and authorize the transfer of funds from street construction funds in the amount of $19,362.23 and also to authorize the deduct for street sweeping. All voted in favor. IMPROVEMENT #234 FINAL PAYMENT FOR CLIFF ROAD TRUNK UTILITIES The Director of Public Works, Tom Colbert, recommended final payment for Improvement #234 to Austin P. Keller Construction Company consisting of trunk utilities on Cliff Road and also acceptance of the project. Parranto moved, Wachter seconded the motion to accept the recommendation. All voted in favor. WESCOTT HILLS 4TH ADDITION The request of the developer of Wescott Hills 4th Addition for an extension of time for final plat approval for one additional year was discussed by the Council. Wachter moved, Egan seconded the motion, all voted in favor of the extension noting the economic conditions at the present time. PILOT KNOB ROAD BIKE TRAIL Mr. Colbert indicated that the City had received a number one priority ranking for the construction of an off-street bike trail on County Road #31 including three segments. Segment A runs from County Road #28 to 1-494, Segment B is from County Road #28 to County Road #30, and Segment C runs from County Road #30 to Apple Valley. Segments A and B are estimated to cost $145,310 with 75% participation by Mn/DOT for a total of $108,982.50. It was noted that Segment B from County Road #28 to County Road #30 is not practical for construction at the present time due to future road construction. The Council reviewed the previous sidewalk and trail projects ordered by the City consisting of seven different projects that have been ordered by the City consisting of seven different projects that have been ordered in or installed. Council Minutes July 15, 1980 C17. Page Ten Smith moved, Parranto seconded the motion as follows: 1. To consider approval of the construction of the bike trail on the west side of Pilot Knob Road from County Road #28 to 1-494 as a part of the County reconstruction project. 2. To approve the resolution requesting Dakota County to include the bike trail as part of the Pilot Knob Road improvement project, a copy of which resolution is filed as resolution # 80-63 . R 80-63 3. To request formal postponment of segment B funding from Mn/DOT to coincide with the timely upgrading of that portion of Pilot Knob Road from County Road #28 to County Road #30. All voted in favor with the understanding that the staff will continue to negotiate with Mn/DOT. ZONING REVISION A letter from City Attorney Paul Hauge concerning recent cases relating to rezoning of land upon initiation of the City Council was discussed by the Council. The Mayor instructed the staff to review potential rezoning locations that should be considered by the Council and to report back to the Council at a later time. Blomquist moved, Wachter seconded the motion, to instruct'the staff to prepare a list of parcels within the city that should be considered by the Council for re- zoning and report back to the City Council at a special meeting to be scheduled for that purpose at a joint meeting with the APC on Wednesday, September 10, 1980, at City Hall at 7 p.m. EASEMENT S The City Attorney reviewed with the Council certain easements that are in the process of being negotiated for improvement projects within the City: 1. Mr. and Mrs. Henry Bruestle. The City Attorney was instructed to nego- tiate with the Bruestles for the acquisition of the storm sewer easement across their property including the storm sewer easement from Fish Lake to Blackhawk Lake. 2. Braun Addition. Mr. Hauge stated that he has been negotiating with the James Albani and Gary Westling families and reviewed proposed agreements with both of those families. Wachter moved, Egan seconded the motion, to approve the pro- posed agreements with the understanding, however, that the contractor would sign a hold harmless agreement covering the construction of the storm sewer pipe between the two parcels. All members voted in favor. 3. James Horne Condemnation Action. The City Attorney gave a preliminary report on the City's appraiser's determination of value for the taking for the storm sewer trunk which Councilmembers felt was excessive. After discussion, Blomquist moved, Egan seconded the motion, to revise the alignment of the trunk to cross the Blackhawk Park property owned by Dunn & Curry Real Estate Management, Inc., with the understanding that the cost of the revision would not exceed $40,000. All voted yes. Council Minutes July 15 , 1980 V C ? Page Eleven JUNE 3, 1980 MINUTES The City Attorney requested an amendment to the June 3, 1980, minutes to provide that the Council set July 1, 1980, at 7 p.m. as a hearing date for the vacation of the easement in the Eagan Metro Second Addition plat as requested by Metram. Parranto moved, Smith seconded the motion, all voted in favor to approve the request to amend the minutes. CONTRACT APPROVAL Upon motion by Eagan seconded Smith it was RESOLVED that the following contracts be approved and ordered signed: 1. Deep Well #6 pumphouse with Lee Richert Construction Company. 2. Improvement #80-5 Parrott Construction, Inc., Fish Lake and Heine Lake Storm Sewer project. All voted yes. LEGAL ACTIONS AGAINST THE CITY 1. Wesley Berg et al vs. City of Eagan. The City Attorney reported on an injunction action commenced on behalf of certain residents of Twin View Manor to restrain the City from proceeding with Improvement Project #264 consisting of utilities in the Twin View Manor Addition. The staff was instructed to review the matter including the numbers of owners in favor and those opposing the project including health and safety factors. 2. Mahmood Aghassi vs. City of Eagan. The City was served on July 15 with a Summons and Complaint by Mahmood Aghassi requesting an order of the Court that the City issue an off-sale liquor license to Mr. Aghassi in Silver Bell Center. The City Attorney was instructed to defend the action on behalf of the City. 3. Safari At Eagan action. Paul Hauge reported that a hearing will be held on July 18 in Dakota County District Court at which time a District Judge will set a permanent hearing for a trial on the merits of the mandamus action attempting to compel the Council to approve the Safari At Eagan preliminary plat. PROJECT #80-22 PLANS AND SPECIFICATIONS The City Administrator submitted the plans and specifications for improvement #80-22 consisting of Cedar Cliff Third Addition utilities. Upon motion by Parranto, seconded Wachter, it was RESOLVED that the plans and specifications for improvement #80-22 consisting of Project #295A be approved and that the Clerk be authorized to advertise for bids with a bid opening scheduled for Thursday, August 14, 1980, at 3 p.m. at the City Hall. All voted yes. Council Miuutzs July 15, 1980 Page Twelves'' NORTHVIEW ATHLETIC FIELD DUST CONTROL Mr. Ken Vraa, Park Director, indicated that serious dust problems have arisen on Northview Athletic Field due to the gravel road entrances causing drifting clouds of dust over the fields. A one-time dust control oil application would cost $800. Smith moved, Parranto seconded the motion, all voted in favor, to approve the expenditure of up to $800. I-35E PRELIMINARY PLANS Mn/DOT has submitted preliminary plans showing the layout of I-35E from Blackhawk Road to Lone Oak Road indicating the construction limits. In order to proceed with detailed design, Mn/DOT is requesting the City Council approval. The Council requested that the issue of the plans be placed on a Council agenda HIGHWAY #49 AND #55 PRELIMINARY PLAN MEETING Mn/DOT has scheduled a meeting with all affected property owners to discuss the pending improvement of the second phase of Trunk Highway #55 from Lawrence Avenue to the south junction of Highway #49 by the Skelly Station for July 31, at 7 p.m. at the McKee Building complex. Councilmembers are invited to attend. WEST END FISHING AND HUNTING CLUB A request from the West End Fishing and Hunting Club, Inc., tlt their special use permit provide for shooting on Thursdays of each week. The Council had no objection noting that the West End Fishing and Hunting Club was requested to grant an easement to the City covering the adjacent Gun Club Road. Blomquist moved, Parranto seconded the motion, to authorize the special permit to cvoer Thursdays of each week. All voted yea. HOUSING PROGRAM SECTION 8 BONUS FUND Mr. Hedges reviewed with the Council a provision under HUD that allows loans for Section 8 housing providing 100% subsidy. The Council indicated that their policy to date has been a maximum of 20% subsidy in housing programs authorized in the City. No action was taken. ENERGY STUDY Upon request of the City Administrator, Wachter moved, Blomquist seconded the motion, to authorize an energy study for city-owned buildings. All voted in favor. VOUCHERS Parranto moved, Wachter seconded the motion, all voted in favor to approve the following vouchers: 1066-1095; 10560-10672; 15880-16023. ADJOURNMENT The motion was made and seconded to adjourn at 11:30 p.m. after which the Councilmembers toured the storm damage throughout the City. PHH Dated: July 15, 1980 Cit Clerk