08/05/1980 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 5, 1980
A regular meeting of the Eagan City Council was held on Tuesday, August 5,
1980, at the Eagan City Hall at 7:00 p.m. Present were Mayor Blomquist and Council-
members Egan, Smith, Parranto and Wachter. Also present were City Administrator
Hedges, City Engineer Rosene and City Attorney Hauge.
AGENDA
Upon motion by Blomquist, seconded Parranto, it was RESOLVED that the agenda
as presented be approved with the revision that the setting of the public hearing
for final assessments for 1979-1980 improvements be continued to the end of the
agenda. All members voted yes.
MINUTES
Upon motion by Smith, seconded Egan, all voting in favor, it was RESOLVED that
the minutes of the July 9, 1980, special Council meeting, July 17, 1980 special Council
meeting, and July 15, 1980, regular meeting be approved with the exception on page 11
of the July 15 minutes that the City was served in the Mahmood Aghassi vs. City of
Eagan case on July 15 rather than July 16; further, that on page 6 of the July 15
minutes regarding Twin View Manor 2nd Addition preliminary plat that the variance for
length of cul-de-sac also was approved. All voted in favor.
PUBLIC WORKS DEPARTMENT
City Administrator Hedges reported:
1. Excavation Permit Walden Heights Subdivision. The item regarding
an application from the developers of Walden Heights Addition for grading permit
for Walden Heights to commence excavation within the subdivision was stricken
for lack of submission of the application.
2. Seneca Waste Treatment Plant Disposal Project. The City received a request
from the M. W. C. C. to review plans and specifications relating to the transfer of
approximately 20,000 cubic yards of fly ash material from settling basins located in the
Seneca Waste treatment plant site to be located on the Landmark Company property on
Highway #13 for fill material. It was noted that the Council earlier had approved a
similar project. The City Engineer indicated that he had made contacts with Landmark
Development Company concerning a proposed storm sewer easement across that property
from the Blackhawk Lake outlet and had preliminary approval. There were concerns
about erosion and dust control, including seeding and sodding. Wachter moved, Blomquist
seconded the motion, to approve the request subject to staff approval of erosion con-
trol, the grant of a storm sewer easement without cost to the City over the Landmark
property, dust control measures approved by the City staff, and such normal restrictions
as those imposed by the City for fly ash removal including soil and spreading top
soil and seeding. All voted yes.
City Council Minutes
August 5, 1980
Page Two
3. Improvement #79-16 Alexander Road Street Construction. A request from
the contractor for Alexander Road to provide for 8,000 cubic yards of material for
the road improvements under construction to be acquired from the Eagan storm sewer
ponding area next to the R. L. Johnson warehouse site was next considered. The
Public Works Director recommended approval and that the cost be set at $.35 per
cubic yard with the understanding that the pond area will be increased to the City's
advantage. Smith moved, Wachter seconded the motion, to approve the recommendation
as submitted. All voted in favor.
4. Improvement #79-13 Lakeside Estates, Saddlehorn Addition, Dodd Road
Utilities. Mr. Hedges indicated that during the public hearing for proposed Project
#241 there was no consideration of trunk storm sewer assessments under Improvement
Project #79-13. The staff recommended consideration by the Council as to whether a
storm sewer assessment should be levied upon completion of the utility work so as to
avoid storm sewer trunk assessments in the future. Noting some trunk storm sewer had
been installed including laterals, the Council indicated, however, that additional
trunks will have to be installed in the future. It was noted that the storm sewer
trunks have not been assessed to the above areas and that there will be assessments
at some time in the future. No action was taken on the request.
PARK DEPARTMENT
Mr. Hedges reported.
1. Park Maintenance Vehicle. Bids for a one-ton park maintenance vehicle were
received by the Council on May 20 and it was recommended that the bid be awarded to
Ridgedale Ford in the amount of $7,750 net taking into consideration a $1,200 trade
for the existing vehicle. There was a question regarding the City's retaining the
box and plow. Wachter moved, Egan seconded the motion, to approve the recommendation
for award of the contract to Ridgedale Ford in the sum of $7,750 including the $1,200
trade but that the staff consider retaining the box and plow from the existing vehicle
which would alter the trade-in price. All voted yes.
2. Ski Trail Grants in Aid Application. Mr. Hedges indicated that Park
Director Vraa recommended that the Council approve an application for grant in aid for
ski trail maintenance that should cover about 65% of the ski trail maintenance and
90% of the grooming costs for 1980-81. He estimated the amount of the grant would
be $1,500 to $2,000. Smith moved, Wachter seconded the motion, to approve the recom-
mendation and all voted in favor.
R 80-64
CONSENT AGENDA
The Council considered the following consent agenda items:
1. Diamond T. Ranch Water Extension. The operators of the Diamond T Ranch on
County Road 30 requested the Council extend the temporary water connection to the
Diamond T Ranch without charge for lateral trunk benefit or connection charge for an
additional year. The staff recommended approval because of the fact that I-35E
construction has not commenced.
City Council Minutes
August 5, 1980
Page Three
2. Conditional Use Permits.
A. George Becker, 3890 Lexington Avenue South, for a group type foster
home.
B. Inver Grove Heights for the police dispatching fee.
C. Jerry Thomas for Diamond T Horse Ranch on County Road #30.
D. Don Chapdelaine for Pro-life sign on Highway #13.
The staff recommended approval for all conditional use permits.
3. Clearview Addition No. 2. The Public Works Director recommended that the
letter of credit be reduced for Clearview Addition from $2,710 to $950 covering
offset improvements only.
4. St. Francis Wood 2nd Addition Utilities, Project #307. A feasibility
report for Project #307 covering St. Francis Wood 2nd Addition utilities was sub-
mitted and recommended for approval by the Public Works Director. He further recom-
mended that a public hearing be scheduled on September 16, 1980, at 7:00 p.m. at the
City Hall to consider the feasibility report.
5. Wescott Road Grading, Improvement #25. It was noted that a public hearing
was held on June 17, 1980, to consider the improvement of Wescott Road from Denmark
Avenue to Lexington Avenue covering Project #305 and the Council did order in the
improvement relating to Improvement #80-25. The Councilmembers walked the McCarthy
property at the request of Mr. Pat McCarthy and reviewed the proposed alignment
of Wescott Road. It was recommended that the alignment of Wescott Road as proposed
by the City Engineer and Public Works Director be approved and that the City staff be
authorized to order easement descriptions and begin negotiations with the McCarthy
family for the necessary road right-of-way covering Improvement #80-25.
6. Trunk Highway #55 Storm Sewer Project #182R. On July 15, 1980, the City
Council reviewed the preliminary plat approval for Joyce Addition and recommended
that a revised feasibility report for storm sewer in the general area of Trunk Highway
#55 be prepared. The Public Works Director recommended that the feasibility
report for Project #182 Revised be accepted and that the Council schedule a public
hearing to be held on Spetember 16, 1980, at 7:00 p.m. at the City Hall.
7. Improvement #79-14 Rahn Park Tennis Courts. The Public Works Director
recommended that Rahn Park Tennis Court project, Improvement Project #79-14, be
approved for final payment in the sum of $2,861.10 to Dailey and Sons Contracting
Company.
8. Cedar Avenue Trunk Utilities, Improvement #79-24. The Cedar Avenue trunk
sanitary sewer and storm sewer along Nicols Road at Trunk Highway #13 has now been
completed. The Public Works Director recommended approval of the project and approval
of final payment to Parrott Construction Company in the amount of $1,487.50.
Egan moved, Wachter seconded the motion, to approve all of the foregoing recommenda-
tions on the consent agenda and authorize the implementation by the staff. All voted
in favor.
City Coup'__,. : nutes
August 5, 1980
Page Four U-HAUL CONDITIONAL USE PERMIT
The request of U-Haul for a conditional use permit for the U-Haul location at
3890 Cedar Avenue and Highway #13 was next discussed. Councilmembers noted that the
number of trailers and trucks on the premises had exceeded the allowable limits from
time to time. Parranto moved, Smith seconded the motion to continue the considera-
tion of the conditional use permit and that the staff request that a U-Haul represen-
tative be present at the next Council meeting to discuss the permit. All voted yea.
GRANVILLE HOUSE SPECIAL USE PERMIT
Mayor Blomquist next convened the public hearing regarding the application of
Granville House, 'Inc., for special use permit for an extended care facility for
chemically dependant adolescents at 720 Blue Gentian Road. Representatives of
Granville House, including Dagney Christiansen, the executive director, were pre-
sent and explained the proposal. Several neighboring residents appeared and had
questions concerning the request for special use permit. Ms. Christiansen indicated
this is the fifth program of Granville House in the Twin Cities and stated that it is
a nonprofit corporation and will apply for exemption for payment of real estate
taxes for the Ames Estate that is being proposed to be purchased by the applicant.
After considerable discussion and questions, Parranto moved, Smith seconded a
motion to approve the application for a special use permit indicating that there
appeared to be a substantial need for chemically dependant treatment facilities but
that the permit be subject to the following conditions:
1. The site plan shall be approved by the City staff providing adequate parking
for the facility.
2. Because the site is in the noise corridors, performance standards should be
enforced to reduce noise levels within the building to the satisfaction of the City
staff.
3. All state and county permit requirements shall be met prior to the opening
of the facility.
4. The applicant and successors shall consent to proposed City improvements
including utilities and streets when they are proposed for Blue Gentian Road
including the assumption of assessments.
5. All ordinances shall be complied with.
6. A maximum of 50 staff members and residents be allowed to occupy the
premises at any one time.
Those in favor were Parranto, Egan, Smith and Blomquist. Against was Wachter.
City Council Minutes
August 5, 1980
Page Five
PROJECT #314 PUBLIC HEARING, RIDGECLIFFE ADDITION UTILITIES
The Mayor convened the public hearing regarding Project #314 consisting of
utilities, sewer, water and storm sewer improvements to Ridgecliffe Addition. The
City Engineer explained the project and there were no objections to the proposal.
One neighboring property owner was present and objected, however, to unnecessary
taking of trees and the engineering department was asked to review the project in
relation to unnecessary grading and the utility project relating to tree removal.
After discussion, Parranto moved, Egan seconded the motion to close the hearing,
to order in the project according to the report as presented with the exception
that the water main in Halden Circle be changed to provide for the extension
northerly between lot lines within the plat as determined by the City Engineer
but that the water main be extended to the west end of Nokia Way and authorize
the Engineer to prepare plans and specifications. Egan seconded the motion and
all voted in favor. The Council also suggested changing some of the street
names because of confusion with other street names in the City and also because
it was noted that some of the streets had unpronounceable names.
GALAXIE AVENUE PROJECT #311 PUBLIC HEARING
The next public hearing convened by the Mayor concerned the Galaxie Avenue
street improvement Project #311. Mr. Hedges indicated that on July,22 Dakota
County had unanimously approved the grant of the temporary slope easements to
the City required for construction of the municipal state aid street improvement
with the understanding that the assessments against Dakota County Park land will
be negotiated with the City. Mrs. Schindeldecker, a neighboring affected property
owner, was present with questions about construction and access. It was under-
stood that the name "Galaxie" will be used by the City from Cliff Road south
through Apple Valley. Smith moved, Blomquist seconded the motion, to close the
hearing, to order in the improvement and to authorize the City Engineer to prepare
the plans and specifications and that the staff negotiate with Dakota County
concerning the assessments against county property. All members voted in favor.
PROJECT #309 WALDEN HEIGHTS UTILITIES AND STREETS
The Mayor then convened the public hearing regarding Project #309 consisting
of utility and street improvements to Walden Heights Addition. City Engineer
Rosene explained the project and its relation to the Twin View Manor area improve-
ment. There were no objections to the project. There were concerns about width
of the gas main easement and the effect upon certain lots within the subdivision
and the concern that the lot or lots may become tax forfeited with assessments
unpaid. Egan moved, Wachter seconded the motion to close the hearing, to order
in the project, to authorize the City Engineer to prepare plans and specifications,
subject however, to determination by the staff as to whether any lots including
Lot 1, Block 3, would become unbuildable because of the location of the gas main;
in the event that it becomes unbuildable that assessments not be levied against
that lot but that the total cost of the improvements be assessed against all
remaining lots within the subdivision. All voted yea.
City Council Minutes
August 5, 1980
Page Six ,
L & F ADDITION PRELIMINARY PLAT AND REZONING
The next application concerned the request of Ralph Linvill for rezoning
from FP, Flood Plain District to LI, Light Industrial, and preliminary plat
approval of L & F Addition on Cedar Avenue at the railroad right-of-way. Mr.
Linvill was present as was Ralph Wagner of Probe Engineering. Also, Mr. and Mrs.
Joe Kennealy,.property owners, were present. Mr. Wagner explained the proposal
and there were no objections from persons in the audience present. The Planning
Commission recommended approval subject to certain conditions. The EAW worksheet
was reviewed by Mr. Hedges and indicated that it is being submitted to the EQB
and all necessary government agencies for review and recommendation. The City
staff recommends a negative recommendation as to the EAW. Smith moved, Egan
seconded the motion to accept the recommendation as to no EAW being required and
no impact. All voted yes.
Next Wachter moved to approve the application for rezoning as submitted.
Egan seconded the motion and all voted yes. There was considerable discussion
concerning whether the Council should approve the preliminary plat until a detailed
plan for the actual use of the property is submitted. Other alternatives such as
site plan approval and requiring approval by the APC and Council in the event a
building permit application is submitted were discussed. There were also con-
cerns about restricting the type of fill to be deposited in the location and that
such fill shall be approved by the City staff and that no fly ash or any unstable
fill material be allowed to be installed on the site. Parranto moved, Wachter
seconded the motion, to approve the preliminary plat subject, however, to the
submission of a detailed site plan for approval by the Planning Commission and
City Council prior to approval of any building permit on the site; further, subject
to the following:
1. Consideration and approval of the Minnesota River Watershed District would
be required so that the property would be excluded from the flood plain area as
determined by the Watershed District or that the applicant would then be required
to return to the Planning Commission for variance approval and compliance with
Ordinance No. 61 if required.
2. A detailed site plan shall be approved by the APC and Council prior to
the issuance of a building permit.
3. The parking area shall be surfaced and concrete curbing shall be pro-
vided around the perimeter of the parking lot.
4. Any outside storage or other use than office/warehouse shall be approved
by the City through conditional. use permit
5. Detailed grading, drainage and erosion control plans shall be submitted
and approved by City staff prior to the submission of the final plat.
City Council Minutes
August 5, 1980
Page Seven ?A'
6. All easements shall be dedicated as requested by the Eagan City staff.
7. Detailed landscape plans for the entire parcel including buffering and
screening shall be provided and approved by the City. A landscape bond of at least
S2,000 shall be provided and not relased until one (1) year after the landscaping
has been completed.
8. That Mn/DOT's recommendations and comments shall be acquired and that
favorable EAW be acquired and if not favorable then rezoning and preliminary plat
approval be revoked.
9. A fifty (50) foot half right of way be dedicated adjacent to Nicols
Road.
10. Written authorization and approval be received from the DNR and the
Corps of Engineers as it relates to the grading within the presently designated
Flood Plain.
11. Written permission be received from the MWCC for the connection to their
trunk sanitary sewer line.
. 12. That a hold harmless agreement be entered into by owner and developer
for any water damage to site.
13. That a meter be supplied for metering sewer and water use and that
the owner and developer consent to special assessments when City utilities become
available to the site.
14. Further, that only stable granular fill materials will be allowed on
the site for fill purposes and no fly ash or other unstable material will be
permitted to be installed.
All voted in favor. R 80-65
D 80-72
COACHMAN LAND COMPANY 1ST ADDITION PRELIMINARY PLAT
Mr. Hedges stated that a request had been submitted by the developers of
Coachman Land Company 1st Addition consisting of the Rosewood Corporation for
reconsideration of the Council for approval of the preliminary plat including park
donation covering Coachman Land Company 1st Addition. It was noted that a public
hearing was held before the Advisory Planning Commission on February 27 and
recommended approval subject to conditions including approval of three variances.
The Council had also acted on the application on April 1, 1980, approving subject
to conditions. Mr. Howard Rekstad and Mr. Howard Stacker, attorney, appeared
together with Mr. Ted Yoch representing the applicant. It was noted that no
formal application has been resubmitted and that the Council accepted the request
to be heard including revisions to the proposed plat and park dedication. A
letter from Howard Stacker, attorney, dated July 24, 1980, was reviewed request-
ing approval of the preliminary plat in the original form and donation of 1.5
acres to the City and an understanding with the City that no more than 10%
dedication will be required for park purposes for the completion of the entire
Coachman Land Company Rosewood Corporation property. There was considerable
discussion by members of the City Council and it was recommended that Four Oaks
Road be extended to the east property line of the proposed addition with 80 foot
right of way. Councilmember Smith reviewed certain reasons that the Council had
City Council Minutes
August 5, 1980 Page Eight
given for looped streets including the need for greater police protection, fire
protection, use by maintenance vehicles including snowplowing services, etc.
Councilmember Parranto moved to approve the request for preliminary plat approval
of Coachman Land Company 1st Addition with the two cul-de-sacs as originally pro-
posed and providing for 80 foot right of wav for Four Oaks together with all the
conditions imposed by the Advisory Planning Commission and the City Council.
There was no second and the motion died.
There was discussion concerning.an extension of six months for final plat
approval on the basis of the motion adopted by the Council on April 1. After
further discussion, Smith moved, Egan seconded the motion to approve the prelimi-
nary plat with looped street including 20 units according to the plan last sub-
mitted and approved by the City Council; further, subject to all conditions
imposed at the April 1, 1980, Council meeting; further, that the City accept the
proposed donation of one and one-half acres of park land as outlined by Mr.
Stacker in his letter of July 24, 1980, provided that a recordable agreement be
executed to run with the land; further, subject to an agreement to be entered
into between'the City and the developer and the fee owner that the City will
require no more than 10% park land donation in addition to the 1.5 acres mentioned
above, but that such limitation of 10% be extended only until September 1, 1987.
All members voted in favor. D 80-73
I-35E PLAN REVIEW
Mayor Blomquist introduced Dick Elasky, assistant District 9 Engineer, Bob
Rosas and Chief Design Engineer Bob Winter who reviewed the I-35E plans from
Cliff Road to 0.4 miles south of Lone Oak Road. The preliminary plan was dis-
cussed in detail and there were questions from Councilmembers and members of the
audience present. There was discussion concerning bridges, sidewalks, alternate
plans for park and ride locations including one at the southeast corner of Pilot
Knob Road and Yankee Doodle Road and another at the northwest corner of Blackhawk
and Cliff Roads. After considerable review, Smith moved, Egan seconded the motion,
to adopt the proposed resolution including the conditions proposed by the City
staff as submitted to the Council in writing regarding I-35E; further, subject
to those conditions contained in Exhibit E and those changes specifically requested
by the City Council during its review. All voted in favor.
Egan then moved, Parranto seconded the motion, that the Council indicate its
approval of two park and ride locations along I-35E at the southeast corner of
Yankee Doodle Road and Pilot Knob Road and one of two locations at either County
Road #30 or at Blackhawk and Cliff Road. Further, that the Mn/DOT be requested
to apply for federal funding to complete the balance of Blackhawk Road improvements
not already provided in its plans. Egan, Parranto, Blomquist, and Smith voted
in favor. Wachter abstained because of his residence location on Blackhawk Road.
WINDTREE ADDITION FINAL PLAT R 80-66
The next application concerned the application of Niakwa Corporation for
final plat approval of Windtree Addition. It was noted that Windtree Addition
is the first phase of development of the Windtree development and it was recom-
mended that the developer be required to post a cast escrow pending completion
of park dedciation and further compliance with all other conditions of the Planning
Commission. Smith moved, Wachter seconded the motion to approve the final plat
conditioned upon posting the cash escrow for park purposes and compliance with
necessary ordinances and conditions for approval of the plat. All voted in R 80-67
favor. D 80-74
City Council Minutes
August 5, 1980
Page Nine
BARTON ENTERPRISES TEMPORARY CONCRETE PLANT
The application of Barton Enterprises, Inc. for special use permit for
temporary concrete plant to be established on Lots 2 and 3, Block 1, Cedar Ridge
2nd Addition, was next considered, which would be located 200-250 feet east of
the asphalt plant. Mr. Gary Sauer was present on behalf of the applicant and
indicated that he had met with homeowners association representatives the prior
Thursday in the River Hills 9th Addition. Although certain residents were not
happy with the proposal, he indicated that the completion of the asphalt operation
would be speeded up and that it is necessary to install the concrete plant for
completion of Cedar Avenue. Smith moved, Egan seconded the motion, all voted in
favor, to approve the application for the concrete portable batch plant for
four months with hours from 7 a.m. to 7 p.m., similar to the asphalt plant and
other conditions imposed at the time of the approval of the asphalt plant
application. All voted in favor.
IMPROVEMENT #80-14 ART RAHN ADDITION
The contract with C. Wayne Erickson, Inc., for Improvement #80-14 concerning
the improvements in Art Rahn Addition was submitted for approval. Smith moved,
Egan seconded the motion, to approve the contract and authorize the signature. All
voted in favor except Parranto who abstained because of his interest in the develop-
ment.
IMPROVEMENT #80-20 NORTHVIEW SCHOOL/SCHMIDT ADDITION UTILITIES
The plans and specifications for Improvement #80-20 consisting of utilities
in the Northview School area and Schmidt Addition were submitted and recommended
for approval. Parranto moved, Wachter seconded the motion, to combine Projects
#304 and #299 for bidding purposes, to approve the plans and specifications and
to authorize the Clerk to advertise for bids to be opened at City Hall on August
29, 1980 at 3 p.m. All voted yes.
IMPROVEMENT #80-27 BRITTANY 2ND AND 3RD ADDITIONS AND CHES MAR EAST 2ND ADDITION
The plans and specifications for Improvement #80-27 consisting of street
installation in Brittany 2nd and 3rd Additions, Project #303, Ches Mar East 2nd
and 3rd Additions, Project #301, streets, and Art Rahn Addition streets, Project
#266 were submitted for approval by the City Engineer. There were concerns by
Councilmembers about erosion control in the area of Brittany 2nd and 3rd Addi-
tions. Wachter moved, Smith seconded the motion to approve the plans and specifi-
cations, to authorize the Clerk to advertise for bids to be opened at City Hall
on August 28, 1980, at 3 p.m. with the understanding that. erosion controls will
be imposed upon the developer within Brittany 2nd and 3rd Additions-satisfactory
to the staff, and that Projects #303, #301, and #266B be combined for bidding
purposes. All voted in favor, except Parranto who abstained.
City Council Minutes
August 5, 1980
Page Ten
IMPROVEMENT #80-19 TWIN VIEW MANOR UTILITY IMPROVEMENTS
The plans and specifications for Improvement #80-19 consisting of Twin
View Manor utility improvements Project #264 were next submitted for approval.
Smith moved, Parranto seconded the motion, to approve the plans and specifications,
to order the Clerk to advertise for bids with a bid opening scheduled for August
29, 1980, at 3 p.m. at the City Hall. All voted yea. City Attorney Hauge indi-
cated that a temporary injunction action being brought by Wesley Berg and some
other neighbors in the Twin View Manor addition area is scheduled for hearing on
Wednesday, August 6, to determine whether the City should be restrained from proceeding
with the utility project.
MEADOWLANDS STREET VACATION
A letter from Burford Construction requesting the Council vacate a street
eyebrow adjacent to Lot 12, Block 3, Meadowland was next considered. Parranto
moved, Wachter seconded the motion to accept the petition and schedule a public
hearing on the vacation for September 2, 1980, at 7 p.m. at the City Hall. All
voted yes.
PROJECT #306 WILDWOOD LANE STREET IMPROVEMENTS
The plans and specifications covering the Wildwood Lane (County Road #30)
street improvements between Nicols Avenue and Blackhawk Road have been completed
and were submitted and recommended for approval. They indicated alternate 52-
foot urban cross section and 44-foot wide road alignments. It is projected that
the Dakota County Board will include the road improvements in its 1981 budget.
It was also suggested that an alternate 48-foot wide improved road be proposed
at the public hearing when it takes place. Egan moved, Wachter seconded the
motion to continue the consideration concerning the feasibility report and set-
ting the public hearing until the County Board determines whether this road pro-
ject will be included within its 1981 budget.
WESCOTT ROAD DRAINAGE PROBLEM
Public Works Director Colbert reported that there have been some serious
water drainage problems along Wescott Road in the area of the Charles Hall property
which resulted from the upgrading of Wescott Road from South Hills to T. H. #49
in 1978. It was estimated it would require $7,000 to $10,000 to provide an out-
let from the pond adjacent to Wescott Road through the Hall property into Old
Lake in the NE-14 of Section 23 and it was recommended that the Council approve such
an expenditure. Blomquist moved, Wachter seconded the motion, to approve the
expenditure as recommended. All voted in favor.
City Council Minutes
August 5, 1980
Page Eleven
r {
FIRE STATIONS #1 and #3 REVISION
It was proposed that there be a deduction of $778 for trees and decorative
shrubs that would be installed by the Eagan Park Department for the fire stations.
The trees and shrubs will be purchased through the Shade Tree Program. Wachter
moved, Parranto seconded the motion, to approve the recommended deduction and the
purchase of the shade trees by the City. All voted in favor.
ASSESSMENT HEARING 1980
The City Administrator recommended that the Council schedule assessment
hearings for September 25, 1980, covering approximately 30 projects that are ready
for assessment against benefited property. There was discussion regarding the
assessments against the Overview Estates property and it was requested that the
Development Contract covering Overview specifically be conditioned upon the
developer and owners accepting these assessments for the utilities and streets
as originally requested by the developers and installed under the improvement
project in that subdivision. Egan moved, Smith seconded the motion, to approve
the assessments rolls and to schedule a public hearing on each of the assessment
rolls for September 25, 1980 at 7 p.m. at the City Hall.
FISH LAKE STORM SEWER IMPROVEMENTS
Charlotte Bruestle appeared informally and requested the Council order the
contractor on the Fish Lake storm sewer outlet project to install additional .
signing during construction of the storm sewer along Pilot Knob Road because of
the accidents that have occured-and the danger to pedestrians and vehicles in the
construction area near Fish Lake. The Council requested additional warning signs
and that the administrator forward a letter to the Dakota County Highway Department
and request that blacktopping all along Pilot Knob Road including repair of
shoulders be completed before the winter months of 1980 because of dangerous
existing conditions along Pilot Knob Road.
HERBERT ADFLMAN
City Attorney Paul Hauge submitted a request of $7,500 from Mr. and Mrs.
Herbert Adelmann for storm sewer easement on Cedar Avenue. Certain trees were
removed during the construction process and 17 feet of permanent storm sewer
right-of-way was requested by the City. No action was taken on the request.
MR. AND MRS. HENRY BRUESTLE EASEMENT
Paul Hauge also reviewed the negotiations with Mr. and Mrs. Bruestle for
the storm sewer trunk easement along Pilot Knob Road covering the Fish Lake
storm sewer project. He indicated that negotiations have taken place for many
weeks and the current request is for $7,700 plus other consideration. It was
requested that the City Attorney be authorized to negotiate further concerning
the easement.
City Council Minutes
August 5, 1980
Page Twelve
P> aS7 e1
MAK'N MAGIC ROBIN GEIGER VS. CITY OF EAGAN
The City Attorney stated that a motion has been brought by the attorneys for
Robin Geiger for payment of attorneys' fees and costs concerning the Mak'n Magic
drug paraphernalia ordinance no. 71 action in the approximate sum of $28,000.
The motion will be heard in Federal District Court on August 15. Notice has
been sent to the Eagan liability insurance companies concerning the motion.
IMPROVEMENT #80-6 BRIARHILL ADDITION AND SILVER BELL APARTMENT STORM SEWER PROJECT
The Public Works Director has reported that the low bidder on Improvement
#80-6 consisting of the Briarhill Addition utilities and Silver Bell Apartment storm
sewer project, W. W. Dawson Construction Company, has defaulted on the bid that
was awarded to the company by the City Council on May 20, 1980. The total amount
was $136,321 and Dawson has refused to sign and forward the contract documents
together with a performance bond and insurance documents to the City. The staff
has notified the bonding company that Dawson has forfeited on his bid bond and
has made a claim for the proceeds under the bid bond and further recommended that
Dawson Construction Company's contract be rescinded and that the second low
bidder, Richard Knutson Construction Company, whose bid was in the sum of
$136,982 be awarded the contract. Negotiations are taking place with Richard
Knutson and the staff has been unable after repeated attempts to contact W. W.
Dawson. The bid of Richard Knutson will not change and only the completion dates
will be revised. Because the owners and developers of each of the projects have
put great pressure upon the staff and the Council to complete the projects, and
in light of the facts mentioned above, Parranto moved, Egan seconded the motion,
to accept the recommendation of the Public Works Director and City Engineer that
W. W. Dawson Construction Company's award be rescinded in all respects, that the
claim on the bid bond for W. W. Dawson be made through the bonding company, that
the second low bidder, Richard Knutson Construction Company, Inc., covering
Improvement #80-6 in the sum of $ 136,982 be awarded and that pursuant to the
local improvement statute and that the staff be directed to implement this motion.
All voted in favor.
EAGAN CENSUS
Mr. Hedges stated that there was a differential in the Metro Council's
estimated population for the City of Eagan and the Census Bureau's estimate of
somewhat under 1,000. Mr. Hedges said that he will notify the City Council
after a review by the staff whether he would recommend that the Council appeal
the the Census Bureau's preliminary figures.
1981 BUDGET
A special meeting was scheduled by Mayor Blomquist for August 20, 1980, at
7 p.m. at the City Hall to review and discuss the proposed 1981 budget.
City Council Minutes
August 5, 1980
Page Thirteen t--
CABLE TV SPECIAL MEETING
The City Administrator was directed to distribute information to the Council
and the CTV members and then schedule an organization meeting for the CTV
Committee.
JULY 15, 1980 STORM
The Mayor directed the Administrator to send thank you letters to the Police
Department, Fire Department and other City staff members for their very coopera-
tive assistance following the serious storm in the City of Eagan on the evening
of July 15.
PROJECT #80-16 GALAXIE AVENUE • '
It was noted that the bids for Galaxie Avenue street improvements had been
opened on July 10, 1980, and the Council had delayed the award of the contract bid.
The Public Works Director recommended the low bid of Enebek Construction Company
in the sum of $174,519.50 be awarded. Smith moved, Egan seconded the motion, all
voted in favor to approve the recommendation.
ST. FRANCIS WOOD UTILITY VACATION
A written request was received from the engineering firm for the developer
of St. Francis Wood requesting that certain drainage and utility easements in
St. Francis Wood be vacated. Egan moved, Wachter seconded the motion to approve
the request for vacation and schedule a public hearing for September 2, 1980, at
7 p.m. at the City Hall.
VOUCHERS
Wachter moved, Egan seconded the motion, all voted in favor, to approve the
following-vouchers: 1096-1107; 10673-10781; 16023-16151;
ADJOURNMENT
Blomquist moved, Egan seconded the motion, all voted in favor to adjourn at
12:30 a.m.
DATED: August 5, 1980 PHH
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City Clerk