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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 Lz'4141 0 City Clerk