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05/16/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 16, 1978 A regular meeting of the Eagan City Council was held on May 16, 1978, at 6:30 p.m. Thoes present were: Mayor Murphy, Councilmen Parranto, Smith, Wachter, and Egan. Also present were: City Administrator Hedges, City Clerk Bolke, City Engineer Rosene and City Attorney Hauge. AGENDA. Parranto moved and Egan seconded a motion to approve the agenda as presented. MINUTES. Wachter moved and Parranto seconded a motion with all members voting in favor to approve the minutes of the previous meeting of May 2, 1978. POLICE DEPARTMENT. Chief Des Lauriers appeared. 1. Mr. Des Lauriers submitted a list of recommended street light locations. Wachter moved and Smith seconded the motion to authorize the installation of street lights at ten intersections to be determined on a priority basis by the staff. All members voted in favor. 2. Chief Des Lauriers requested council authorization to hold an auction of unclaimed property on June 10, 1978, at City Hall at 10 a.m. Smith moved and Wachter seconded the motion to approve the request of the Police Chief. 3. The bids for the full supply system for the police facility were submitted with the low bid of $8429 with Zohl Equipment Company recommended for award. Smith moved and Egan seconded the motion. All members voted yes to award the bid to Zohl Equipment Company at the sum of $8429. The Police Chief recommended the installation of certain traffic signs in the city. Wachter moved and Parranto seconded the motion to authorize the installation of the signs but report back to the council as to the exact location. All members voted yes. PARK DEPARTMENT. Park Director Barbara Schmidt was present. 1. DARC. Mrs. Schmidt stated that the Dakota County Rehabilitation Center May 16, 1978 Page 2 request $490 from the City of Eagan covering fourteen residents for summer day for retarded persons. Smith moved to contribute $250 for 1978 with a proposed increase for 1979 in the Eagan's budget, Egan seconded the motion and all members voted in favor. 2. GREG ROME. The park director recommended that employee Greg Rome be al$ SC P T converted to a permanant full-time employee in the park department as of .bane-23, 1978. Wachter moved and Parranto seconded the motion, all members voted yea to approve the recommendation. 3. CETA EMPLOYEES. Mrs. Schmidt recommended that one CETA sustaining position be reopened for the park department and an additional CETA project position be approved each on a one-year basis. Smith moved and Egan seconded the motion and all members voted yes to approve the recommendations. 4. SMALL EQUIPMENT PURCHASES. A schedule of small equipment purchases by the park department totaling approximately $3090 was submitted and recommended for approval. Smith moved and Parranto seconded the motion, all members voted yea to proceed with the acquisition of the small equipment purchases with the understanding that the park director will review the purchases of a roto tiller. PUBLIC WORKS DEPARTMENT. Mr. Hedges submitted a list of small equipment purchases recommended for acquisition by the public works department estimated at $6300. Wachter moved and Egan seconded the motion, and all members voted in favor to approve the purchases. CLIFF ROAD ASSESSMENTS. Councilman Wachter submitted a proposed resolution recommending to the State Zoo Board that property owners on Cliff Road and Johnny Cake Road whose property was being prematurely assessed due to the installation of the zoo will be given a free days admission to the zoo. Parranto seconded the motion. All members voted yes. PROJECT #222 - BLACK HAWK ROAD SANITARY SEWER. Mayor Murphy convened the May 16, 1978 Page 3 public hearing at 7:00 p.m. concerning the revised preliminary report covering project #222 consisting of Black Hawk Sanitary Sewer improvements. There were no objections to the project and the City Engineer explained the revision providing for the sanitary sewer line being connected to County Road #30 to the Eagan Hills West Development. He noted that the earlier Black Hawk Road Sanitary Sewer project bids had been withdrawn. Mr. Rod Hardy from Dunn and Curry was present and had no objections to the assessment of the sanitary sewer for lateral purposes on County Road #30 if it can be used to benefit the property adjacent to County Road #30. Wachter moved and Parranto seconded the motion to order in the project and authorize the City Engineer to prepare the plans and specif i- cations. All members voted yea. PROJECT #231 - RUSTIC HILLS ADDITION IMPROVEMENTS. The next public hearing convened regarded project #231 concerning water, storm sewage, sanitary sewer, and street improvements in Rustic Hills Addition on Highway #13. There were no objections to the project. There were concerns by certain councilmembers about the possible delinquency in payment of tax and assessment on certain lots on the east and a discussion regarding the development bond possibly be covering individual lots for posting the initial escrow. Smith moved and Egan seconded the motion to approve the project as presented and direct the engineer to prepare the specifications and plans. All members voted in favor. PROJECT #235 - CLEARVIEI4 ADDITION IMPROVEMENTS. The Mayor convened the hearing regarding Project #235 a revised project consisting of Clearview Addition and Strohkerch Addition Sanitary Sewer, water, and storm sewer improvements. Councilmember Wachter absented himself from consideration of the improvement. City Engineer Rosene explained the property and a large number of affected homeowners were present. It was noted that on an earlier meeting that had been held between the City Engineer and residents including City Staff and May 16, 1978 Page 4 Mayor Murphy at the home of Floyd Forsberg to discuss the project. Mr. Rosene recommended that because of these proposed Cliff Road improvements by Dakota County, that the water line on Cliff Road be installed in time to accomplish a savings in cost. It was noted that of the landowners affected, twelve were in favor and twenty-two were against. Of the lot owners, fourteen were in favor and twenty-four were against. It was suggested that only a portion of the project be ordered in and a discussion concerning deferring assessments also took place. Smith moved and Parranto seconded the motion to order in the project covering the water improvements on Cliff Road and Black Hawk Road and Beecher Drive to connect with the Woodgate water line; further that the sanitary sewer be ordered in from Woodgate Addition on Beecher Drive and on Black Hawk Road and that the engineer be authorized to prepare the plans of specification for those improvements. All members voted in favor except Wachter would not vote on the issue. It was noted that a savings in the cost of installing the water main on Cliff Road appeared to make it practical to order in that portion of the project and further that the majority of the owners on Black Hawk Road and Beecher Drive appeared to favor the installation of the utilities on those two streets. PROJECT #235 - CLEARVIEW ADDITION - STORM SEWER. A resident on Beecher Drive requested that the City Council reconsider the installation of storm sewer on Beecher Drive to avoid additional cost in tearing up the street in the future. It was noted that the hearing was closed and therefore Smith moved and Parranto seconded the motion to authorize the city engineer to prepare the preliminary feasibility study on the storm sewer portion on Beecher Drive only and that a public hearing be scheduled for June 6, 1978, at 7:00 p.m. at the City Hall. All voted in favor except Councilman Egan. Councilman Wachter did not vote. May 16, 1978 Page 5 PROJECT 1/ 236. The next public hearing convened by Mayor Murphy concerned project #236, formerly project #155, consisting of sewer, water, storm sewer, and street approvements in Eagan Hills West 1st Addition. Mr. Rod Hardy appeared for the owner of the property and did not object to the project. There were no other objections to the project. City Engineer Rosene explained the proposed improvements and there was a question whether a portion of Beaver Darr Road would be assessed against Christ Lutheran Church if access is granted to the road. After discussion, the hearing was closed. Wachter then moved and Egan seconded the motion with all members voting in favor to order in the improvements and authorize the City Engineer to prepare the plans and specifications for the project. STREET LIGHTING COMMITTEE REPORT. Richard Victor, the chairman of the Eagan Ad Hoc Street Lighting Committee reviewed with the council the report prepared by the five member committee regarding street lighting in the city. He stated that the committee had met on Wednesday nights for the past several months and had interviewed a number of representatives from Northern States Power Company and Dakota Electric. The committee recommended high-pressure sodium bulbs, two types of poles including wood and concrete and two types of ornaments. A suggested resolution was submitted by the committee. Wachter moved and Egan seconded the motion with all members voting in favor to authorize the staff and City Attorney to prepare an ordinance covering street lighting in the city and further resolved to thank the committee members for their efforts in preparing the report. Parranto moved and Egan seconded the motion to request the staff to study the types of poles available through N.S. P. and Dakota Electric and to recommend one to two poles and one type of standard fixture. Those in favor were Parranto and Egan and those against were Wachter, Smith, and Murphy and the motion died. Smith then moved to accept the committee's report and Parranto May 16, 1978 Page 6 seconded the motion. All members voted yes. EAGANDALE CLUB SUNDAY LIQUOR LICENSE. Administrator Hedges reported verbally on the application of the Eagandale Club for Sunday liquor license and also indicated that and inspection had been made of the club and other licenses in the City. After considerable discussion, Smith moved and Wachter seconded the motion with all members voting yes to approve the Sunday liquor license noting that the Eagandale Club appeared to fulfill the minimum requirements under the State Law and the Eagan Ordinance. VERNON COLON LIQUOR LICENSE. The application of Vernon Colon for on-sale liquor license at 3434 Washington Drive in Yankee Square Shopping Center was withdrawn at the request of the applicant. PROJECT #214 - SIBLEY TERMINAL INDUSTRIAL PARK. City Engineer Rosene stated that the contractor,Parrot Construction Company, had authorized an extension of time to award the contract to June 6, 1978, and no action was taken. WILLIAM J. KREITZ RUBBISH HAULER'S LICENSE. The application of William J. Kreitz, 2841 Burnside Avenue for Rubbish Hauler's License was next reviewed. Egan moved and Smith seconded the motion. All members voted yes. SWEAT SOCKS TEAM LICENSE. An application of James Galaiowiez for temporary non-intoxicating malt liquor license for the Sweat Socks Univac Team for June 10 and June 11, 1978, at the Univac Field was next considered. Parranto moved and Egan seconded the motion. All members voted in favor to approve the license. THRIFT WAY LEASING COMPANY TRAILER PERMIT. An application of Thrift Way Leasing Company for temporary trailer Hermit for a six month period at Gemini Road and Lexington Avenue was next considered. It was noted that the trailers will be inside the building. Wachter moved and Parranto seconded the motion to approve the application. All members voted yea. RUSTIC HILLS FINAL PLAT. The application for final plat approval of Rustic May 16, 1978 Page 7 Hills Addition was continued because of 'Lack of submission of all requirements. PROJECT #231 - RUSTIC HILLS IMPROVEMENTS. The plans and specifications for the Rustic Hills Sanitary Sewer and water and street improvements covering Project #231 was submitted by the City Engineer. Wachter moved and Egan seconded the motion to approve the plans specifications and to advertise for bids on June 5, 1978, at 3:00 p.m. at the City Hall. All members voted yes except Parranto who voted no. PROJECT #231 AND #227. Smith moved and Wachter seconded the motion to combine Project #231 and #227 into #227A for contract bidding purposes. Smith moved and Wachter seconded the motion, all members voted yes to approve the resolution combining the projects for advertising and contract award purposes to except the plans and specifications for both projects and to advertise for bids to be opened on June 5, 19789 at 3:00 p.m. at City Hall. PRELIMINARY REPORTS. The following reports were submitted: 1. Project #237, street and water main to Blackhawk Park Development area. 2. Project #239, Pilot Knob Heights Fifth Addition sanitary sewer, water, and street improvements. 3. Improvement Project #240, Drexnel Heights street improvements. Smith moved and Egan seconded the motion with all members voting in favor to accept the preliminary reports submitted by the City Engineer for each of the foregoing three projects and to schedule public hearings for June 20, 1978, at 7:00 p.m. at the City Hall. TRAILER PERMIT RENEWALS. Applications for renewal of trailer Hermits under the Eagan Ordinance according to the list attached to these minutes was reviewed by the Council. Smith moved and Wachter seconded the motion to approve the renewal applications of all permits for trailers except for the trailer owned by Harold A. Becker. May 16, 1978 Page 8 PROCEDURES MANUAL. No action was taken on the proposed Egan Procedures Manual. CLIFF ROAD ASSESSMENTS. City Councilmembers discussed the request of property owners along Cliff Road that the State of Minnesota be requested to reimbursed the owners through the City of Eagan for the premature upgrading of Cliff Road due to the installation of the Zoo in Apple Valley. The City Administrator and City Attorney were directed to prepare a letter directed to the appropriate State Authorities in this respect. CYRIL BARRY - BLACK HAWK ROAD. The request of Mr. Cyril Barry that the City clean out the area along Black Hawk Road where silt had apparently built up from the storm sewer outlet was next discussed. The City Engineer and members of the Council had inspected the property and the engineer recommended that a cost determination be made for the cleanout and that the City sweep Black Hawk Road further, on easement be request from Mr. Barry for the storm sewer line. UTILITY BUILDING. City Clerk Bolke stated that the utility pole building constructed by Frederids Lumber and Construction Company is now complete and recommended that final acceptance and payment be made. Wachter moved and ad^ Parranto seconded the motion to request that the $650 be returned to the e± y and that the balance of $13,100 be authorized for payment and that the pole building be accepted by the City. All members voted yes. PROJECT #214. Smith moved and Parranto seconded the motion to grant Parrott Construction Company an additional thirty days to complete the Sibley Terminal Industrial Park Storm Project #214 due to extension of time for award of the project. DAKOTA COUNTY CONTOUR HAP REQUEST. Mr. Charles Lowery, the Dakota County Park Director, requested contour sheets from the City for approximately 1500 acres and requested a reduction in the charge by the City at approximately May 16, 1978 Page 9 $3.50 per acre. Parranto moved and Egan seconded the motion and all members voted in favor to approve the request for reduction in the price to the County from $6.00 to $3.50 per acre. SILAS PALMER BUILDING REMOVAL. A letter from Mr. Silas Palmer to the City Administrator was reviewed wherein Mr. Palmer requested in extension of time until approximately June 20 to determine whether to remove the buildings on Cedar Avenue. The Administrator was requested to write to Mr. Palmer extending the time until June 20 before the City would commence action to remove the buildings. STEVE BAKKE - SEWER AND WATER CHARGES. The Administrator reviewed the quarterly bill for sewer and water charges to Mr. Steve Bakke in the amount of $285.98. No action will be taken until Mr. Bakke presents evidence of lack of negligence in creating the large bill. PILOT KNOB ROAD BICYCLE TRAIL. The bids have been received for the construction of the bicycle trail on Pilot Knob Road between County Road #30 to Thomas Lake Park. The City Engineer recommended that the contract not be awarded until HinDot has reviewed the bids and the matter was continued until the next regular meeting. HIGHWAY AND SAFETY ACT RESOLUTION. A resolution, a copy of which is attached to these minutes, recommending that the United States Congress support the passage of a Federal Highway and Safety Act during 1978 which will provide adequate funding for purposes of highway construction and maintainence was reviewed by the Council. Murphy moved and Wachter seconded the motion, all members voted yes, to approve the resolution copies of which shall be forwarded to congressional representatives from the area. HALLIS ORR PROPERTY. Councilmembers discussed the rental of the Hallis Orr house and garage. Wachter moved and Parranto seconded the motion with all May 16, 1978 Page 10 members voting yes that the City Staff be authorized to rent the house and garage or house and property for $300 excluding utilities according to the Public Works Committee recommendation. OAK POND HILLS SECOND ADDITION DEVELOPMENT AGREEMENT. The City Attorney submitted the development agreement for Oak Pond Hills Second Addition and recommended approval. Egan moved and Smith seconded the motion, all members voted yes to approve the agreement. HILLTOP ESTATES - EAGAN HILLS NORTH DEVELOPMENT AGREEMENT. City Attorney Hauge stated that the development agreements for Hilltop Estates Addition covering both the City portion and the developments portion have been received and that some minor changes are recommended but suggest that the Council approve the development agreements subject to the changes. Wachter moved and Parranto seconded the motion, all members voted in favor to approve the Development Agreements subject to final changes in the development agreement approved by the City Attorney and further approved of the execution of the final plat. R. L. JOHNSON FIRST ADDITON. There was discussion concerning the conditional approval of the R. L. Johnson First Addition whereby the developer was to construct the access road from Highway #13 to the addition. Councilmembers requested that the occupancy permit not be granted to the developer for the building being constructed in the subdivision until the development agreement including posting of the escrow for the construction of the road or completion of the road is submitted. PROJECT #221 - DUC1.WOOD ESTATES. Wachter moved and Parranot seconded a motion, with all members voting yea, that the minutes of the meeting of November 15, 1977, be amended to reflect that Project #221 is being divided into Projects 221A and 2218 for bidding purposes. PROJECT #224 A. Smith moved and Wachter seconded a motion, with all May 16, 1978 Page 11 members voting yea, that the minutes of the meeting of April 18, 1978, be amended to reflect that project #222, which was originally to be consolidated for bidding purposes with Project #224 into Project #224A, is no longer consolidated with Project #224 because the plans for the project have been revised as stated in the Revised Preliminary Report for Project #222 dated April 18, 1978. VOUCHERS. Parranto moved and Egan seconded the motion to authorize the payment of the following vouchers: 428 - 438; 6218 - 6292; and 9323 - 9460. ADJOURNMENT. Wachter moved and Egan seconded the motion, all members voting in favor to adjourn at approximately 11:35 p.m. PHH DATED: MAY 16, 1978 Cit Clerk