Loading...
06/20/1978 - City Council Regular MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA June 20, 1978 A regular meeting of the Eagan City Council was held on June 20, 1978, at 6:30 p.m. Those 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. After the Pledge of Allegiance, Parranto moved and Wachter seconded the motion with all members voting in favor to apptove the Agenda as distributed. MINUTES. Upon motion by Wachter and seconded by Egan, all members voting yes, and it was Resolved that the minutes of the June 6, 1978, Council meeting be approve with the following corrections: Page 6 regarding Meadowridge Townhouse project, Smith seconded the motion and all members voted in favor; Page 8, Eric LaVeen variance, all members voted in favor; Page 10, John McDonald preliminary plat motion, all members voted in favor. Upon motion by Smith and seconded by Parranto, all members voting yes, the minutes of the June 8th Special Council Meeting were approved. Parranto moved and Wachter seconded the motion, all members voted yea to approve the minutes of the June 9, 1978, Special Council Meeting. Wachter moved and Egan seconded the motion to approve the minutes of the June 13, 1978, Special Council Meeting; all members voted yes. PARKS. Barbara Schmidt appeared. 1. 1978 Summer Recreation Employees. The list of the 1978 summer recreation employees, a copy of which is attached to these minutes, was submitted by Mrs. Schmidt who recommended it for approval. Wachter moved and Egan seconded the motion, all members voted yes to approve the employment of these persons as recommended. 2. Seasonal Recreational Employee Wage Scale. The wage scale for seasonal recreational employees for the City including warming house attendants, summer in the park tumbling and dance leaders, and summer in the park tumbling and dance Page 2 June 20, 1978 aides was submitted by Mrs. Schmidt and recommended for approval. Parranto moved and Egan seconded the motion, all members voted yes to approve the scale as presented. 3. Tree Inspector. Barbara Schmidt recommended that Tarin Holasek be employed full-time through the summer and part-time for September and October, 1978, as the Eagan Tree Inspector. Wachter moved and Smith seconded the motion, all members voted yes to hire Mr. Holasek as recommended. 4. CETA Employees. Park Director Schmidt recommended hiring Terry Lee Bomgardt and John Gustafson as CETA employees in the Park Department to commence June 22, 1978, for one year in general maintenance positions and Rick Lowen, effective June 22, 1978, for CETA position.on__a--shoe--time--basis. Parranto moved and Egan seconded the motion to approve the recommendations provided there are CETA funds available for the temporary position. 5. Small Equipment Purchases. A list of small equipment purchases for the Park Department was submitted by Mrs. Schmidt according to the list of quotations submitted. After discussion, Smith moved and Wachter seconded the motion, all members voted in favor to approve the acquisition of the first three items as follows and that Mrs. Schmidt be directed to investigate the purchase of a used aerator: 3 lawnmowers from Coffey Company at $210.00 each, 2 for the Park Department and 1 for the Government Building: 1 John Deere two stage snowblower, Model 832 for $562.00 from Corcoran Hardware in Rosemount; 1 Gilson Model 5114 Roto Tiller for $499.00 also from Corcoran Hardware in Rosemount. DAKOTA COUNTY ASSESSMENT ABATEMENTS. Mr. John O'Toole appeared and recommended a tax abatement for the Donald J. Sault property from $12,974 to $12,146 for taxes payable for 1978. Egan moved and Parranto seconded the motion, all members voted in favor to approve the abatement. PUBLIC WORKS DEPARTMENT. City Administrator Hedges reviewed quotes for a gas detector with a low quote from Alvin Safety Supply, Inc., in the amount of Page 3 June 20, 1978 $630 and for an electric hoist from La Hass Company with a low quote of $992 and recommended acquisition. Smith moved and Wachter seconded the motion, all members voted in favor to approve the acquisitions. IiOLLIS -ORR .REAL- ESTATE ACQUISITION. Councilman Parranto explained a proposal in the form of a purchase agreement for the acquisition of 20 acres of the Hollis Orr property directly East of the police facility location. He stated that the J. E. Parranto Inc. had negotiated a purchase agreement through Ron Johannsen Realty, the listing agent, which included an option at $5,000 per acre for 20 acres which option will expire on June 20th at which time the City of Eagan would have to exercise its option for the purchaae~ of the property. Mr. Parranto explained his position with J. E. Parranto Inc. as an employee only, no ownership in the business, and no direct financial benefit from the purchase of the property, and that the City of Eagan was not involved in the payment of a commission to either realtor. He further stated that the City Councilmembers had asked that he investigate the possibility of the purchase due to the fact the land was for sale and the importance of the City of acquiring additional land. After discussion, Smith moved and Egan seconded the motion, all members voted in favor that the City of Eagan approve the purchase agreement covering the acquisition of the 20 acres of Hollis Orr property dated May 31, 1978, covering the E/ of the NW' of the NW', Section 22, T.27N., R.23W., in the sum of $5,000 per net acre and that the appropriate officials be authorized to execute the necessary documents to exercise the option and to acquire the land. All members voted in favor. PROJECT #237 - PUBLIC HEARING. The Mayor then convened the public hearing concerning Project #237 regarding Thomas Lake Road sanitary sewer, water, storm sewer, and street improvements. City Engineer Rosene explained the Project and there were questions from affected property owners present. The question. was raised as to whether an EIS is necessary concerning the impact on Thomas Page 4 June 20, 1978 Lake. Mr. Byron Watschke, the owner of the property at the Northwest corner of Cliff and Thomas Lake Road, requested that the Council consider a 40 foot right of way on each side of the property line. There were two objecting adjacent property owners on the East side of Thomas Lake Road near Cliff Road and they objected to the potential assessments against their property. It was also noted that sidewalks should be installed along the road and there was further concern about crossing Pilot Knob Road by children to the proposed elementary school intended to be located on Thomas Road. There was further concern about the level of Thomas Lake. Smith moved to close the hearing, to order in the project, to authorize the plans and specifications be prepared by the City Engineer. Parranto seconded the motion with the understanding that the City staff is instructed to contact the Dakota County Highway Department and Rosemount School District concerning a method for children crossing on Pilot Knob Road to the proposed elementary school. All members voted in favor. PUBLIC HEARING ON PROJECT #239 - PILOT KNOB HEIGHTS FIFTH ADDITION IMPROVEMENTS. Mayor Murphy convened the hearing and City Engineer Rosene reviewed the project with the Council. There were no objections to the project. Egan moved to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications` Wachter seconded the motion. All members voted yes. PROJECT #240 - DREXEL HEIGHTS STREET IMPROVEMENTS AND FISH LAKE STORM SEWER OUTLET. The Mayor then convened the public hearing concerning the Drexel Heights Addition street improvements and a proposed outlet for Fish Lake storm sewer purposes. Mr. Rosen reviewed the proposal and a number of residents appeared concerning the level of Fish Lake. Mr. Ed Kolstad submitted a petition opposing the project signed by 85 residents and read a letter prepared to the Department of Natural Resources concerning a proposed permit for lowering the lake level. The residents opposed the lowing of the lake from the present level of about 840.8 feet above sea level to 839 feet as Page 5 June 20, 1978 recommended. Mr. Kolstad and others present indicated that the level could possibly go to 845 feet without substantial damage and noted that a number of trees have already died around the lake. It was further stated that the trail that had been acquired by the City is presently under water and there was con- cern about improvement of the trail in the future. Parranto moved to close the hearing, to order in the street improvements for Drexel Heights Addition and authorize the City Engineer to prepare the plans and specifications; further, that the staff and the consultants meet with the residents to attempt to get an appropriate recommended lake level for Fish Lake. Egan seconded the motion with the understanding that building permits will not be granted for lots in Drexel Heights Addition that are located too low in relation to the lake level. All members voted in favor. 1494 INTERCHANGE STUDY. At 9:00 p.m. the Mayor stated that because the T494 interchange study regarding a proposed interchange at Highway #13 or Pilot Knob Road had been heared by the Council on several previous occasions, that the Council would not spend a great deal of time during the Council meeting on the discussion because of previous hearings and review. The MN/DOT interchange study, dated May 31, 1978, concerning the traffic projection analysis was re- viewed and Merrit Linzie of MN/DOT was present. A number of persons spoke in opposition to Pilot Knob Road and some spoke in favor of the Pilot Knob Road interchange. Bob Losinski of Residents Concerned for Eagan expressed the opposi- tion of that group to the interchange at Pilot Knob Road. At 9:20 p.m. there were no further questions or statements and Mayor tiurphy presented a resolution, a copy of which is attached, and moved adoption of the resolution placing the City Council on record in favor of the interchange at Pilot Knob Road on 1494. Parranto seconded the motion. A letter from Donald Knight supporting the inter- change of Pilot Knob Road was submitted. Councilman Egan spoke in opposition to Page 6 June 20, 1978 the resolution and was concerned about traffic and read a statement favoring the Highway #13 interchange location. Councilman Smith agreed with some of the op- ponents, but stated that the Highway #31, Pilot Knob Road interchange, would be less costly, has been in the planning stages for many years, a portion of the construction is complete and would provide access to the central area of Eagan. Councilman Wachter spoke in favor of the resolution, and Councilman Parranto indicated that no further information or studies had changed his mind. Those in favor: Wachter, Parranto, Smith and Murphy. Those against: Egan. D.N.R. - BLACKHAWK LAKE BR7~D,E PERMIT HEARING. Mr. McClay Hyde of Lindquist and Vennum, attorneys, special counsel for the City of Eagan, appeared and re- viewed the events leading up to the hearing concerning the D.N.R. permit appli- cation scheduled for Thursday, June 22, 1978, at the Lost Spur. WILDERNESS RUN SIXTH ADDITION RE-ZONING AND VARIANCE. The application of Tilsen Homes to rezone from R-1 Residential Single to R-2 Residential Double and variance from 15,000 foot provision for Lots 1 through 9, Wilderness Run Sixth Addition, was next p=c n d. The A.P.C. recommended denial. Councilmen re- viewed the minutes that were presented by City Clerk Bolke which indicated by the Council minutes of December 18, 1973, January 22, 1974, and March 5, 1974, and A.P.C. minutes of February 25, 1974, that a Planned Development had been approved by the Council, including the use of the lots along County Road #30 for duplex purposes. There was concern by Councilmen that there had been errors in the zoning map that has been officially published and requested the staff to investigate the possibility of these issues. Mr. Ed Meisinger, Jr., attorney, West St. Paul, appeared representing Mr. Arnold Carlson and Tilsen Construction Company and spoke in favor of the application for variance. Mr. Meisinger state6 that the applicants would withdraw application to rezone because of the Planned Development approval. It was also noted that covenants and restrictions had been filed indicating that duplexes would be installed along County Road #30. Page 7 June 20, 1978 It was further noted that the Dakota County had requested an additional 10 foot right of way on County Road #30 because of the grade of the road. Smith moved and Parranto seconded the motion, all members voting in favor, to approve the variance noting the applicants had withdrawn the application for rezoning. STEPHEN BAKKE UTILITY BILLING. A request by Mr. Stephen Bakke to reduce the utility billing for the first quarter of 1978 was stricken because of lack of appearance by Mr. Bakke. BLACKHAWK ROAD STORM SEWER. The City Engineer reported concerning the clean- ing of the storm sewer outlet area near Blackhawk Road and recommended that Parrott Construction Company be authorized to clean out the lake area and to dump the dirt along the lakeshore. Smith moved and tTachter seconded the motion to authorize Parrott Construction Company according to its quotation on a time and material basis to accomplish the work mentioned above at an estimated cost of $1,000 provided, however, that the Engineer can negotiate with the Property owners to dump the excess dirt along the lakeshore without having to remove it from the property. All members voted yes. R. L. JOHNSON FIRST ADDITION. City Attorney Hauge reviewed with the Council the proposed Development Agreement for R. L. Johnson First Addition and indi- cated that the developers objected to the construction of Alexander Drive con- necting with Highway #13 until such time as all of the property owners along Alexander Drive request the improvement and Pay a portion of the cost. It was noted that on November 22, 1977, the APC recommended and the Council adopted the recommendation on December 6, 1977, that the developer of the First Addition improve Alexander Drive as a condition to the grant of the building permit for the warehouse. A number of persons were Present objecting to the use of Meadow- view Road for access to the R. L. Johnson warehouse. Parranto moved and Smith seconded the motion that the developers of the R. L. Johnson First Addition be required to improve Alexander Drive to Highway #13 from the First Addition to Page 8 June 20, 1978 9 ton road capacity as recommended according to City specifications which instal- lation will take place at the present time with the cost to be paid by R. L. Johnson and that in the event that any benefited owner in the future makes use of the road, that Mr. Johnson will be reimbursed pursuant to the agreement pre- pared by the City Attorney; further, that Mr. Johnson be required to execute the Development Agreement and submit an escrow for good faith performance of the construction of the road. All members voted in favor. BUFFER HILLS PRELIMINARY PLAT. Don Christianson appeared regarding his request for preliminary plat approval of Buffer Hills Addition and variance of 25' from public street setback. The APC recommended approval. Smith moved and Egan seconded the motion, all members voted in favor, to grant the variance recommended by the Planning Commission and also to approve the revised prelim- inary plat. City Administrator Hedges stated that the City staff recommended no EIS is necessary for Buffer Hills plat. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the negative declaration recommendation of the staff for EIS for Buffer Hills. PROJECTS #216 and #216B - MALLARD PARK STREET AND UTILITY IMPROVEMENTS. The City Engineer recommended that the award of the contract for Projects #216 and #216B be continued until a final agreement between the developer of Mallard Park Additions and the City is entered into regarding development of those plats. PROJECT #214 - SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER. The City Attorney indicated that all easements have now been acquired for the Sibley Terminal Industrial Park and an agreement has been acquired from MN/DOT concern- ing sharing of the cost. Wachter moved and Egan seconded the motion to award the low bid to Parrott Construction Company in the sum of $149,422.01 and to approve the agreement with MN/DOT and order its execution. All members voted in favor. PROJECT #227A - ST. FRANCIS WOOD - CEDAR AVENUE UTILITIES. The City Page 9 June 20, 1978 Engineer recommended the award of the low bid of Parrott Construction Company in the sum of $284,491.75 for that portion of the contract other than the Cedar Avenue storm sewer. It was noted that one easement has not been acquired on Cedar Avenue and City Attorney Hauge indicated that he does not expect an ease- ment will be acquired for at least two weeks. After discussion concerning the need to award a portion of the contract in order to avoid losing the low bid and very favorable bid, upon motion by Parranto and seconded by Smith, all members voting yes, it was RESOLVED that the low bid of Parrott Construction Company for Improvement #227A be awarded for only the utilities required in Oak Chase Fourth Addition, St. Francis Wood Addition, Rustic Hills Addition and R. L. Johnson 1st Addition; further, that portion of this contract required for the Cedar Avenue trunk storm sewer be deferred until authorization to award this portion of the contract be received from the Minnesota Department of Trans- portation; further, this contract award is made contingent upon receiving a written statement from the contractor that he will perform the contract at the contract unit prices in his low bid. r the utilities for the four additions mentioned above, that he will not claim damages for delay in or cancellation of the award of the Cedar Avenue portion and further, that he will accept the Cedar Avenue storm sewer portion of the contract at the unit prices in his low bid when MN/DOT authorizes this portion of the contracts further, in the event that MR/DOT does not authorize construction of this Cedar Avenue Portion of the con- tract within 60 days from today, the contractor, at his option, may withdraw its bid for that portion of Project #227A. METRAM PROPERTIES INDUSTRIAL REVENUE BONDS. Mr. David Frederickson of Miller and Schroeder, and Mr. Gene Neitge of Metram Properties, appeared concern- ing a request of Metram Properties that the City Council approve an industrial revenue bond issue covering a proposed 132 unit apartment complex on Metra-n Property on Silver Bell Road. It was intended that the revenue bonds would be Page 14 June 20, 1978 sold on a private placement basis. Councilman Parranto reported on the finance committee recommendations and indicated that the findings of the City staff was that the apartment unit percentage of total residential units had approximately reached the optimum 35% guideline ratio. The committee recommended against industrial revenue financing apartment units at the present time-after consider- able study and had requested for more information from the applicant. There was a question regarding jeopardizing other business establishments in the area and also the concern about benefit to the City as a whole. No formal action was taken. BURTON HOOVESTAHL INDUSTRIAL REVENUE BONDS. A request of Mr. Burton Hoovestal that the City authorize the issuance of industrial revenue bonds for construction of an industrial building in Eagandale Center Industrial Park No. 4 for Mr. Hoovestal was next discussed. Again, benefits to the City in the long term were discussed. Mr. Parranto stated that there had not been sufficient information submitted by Mr. Hoovestal and recommended no action at the present time. CLIFF ROAD IMPROVEMENTS. The Dakota County Highway Department submitted plans for road improvements which were reviewed by the City Council, covering road and utility improvements between Blackhawk Road and a point East of Johnny Cake Ridge Road. The City Engineer recommended approval and it was noted that construction will begin about the end of August. Egan moved and Parranto seconded the motion, all members voted in favor, to approve the plans as sub- mitted. PROJECT #235 PLANS. The City Engineer submitted plans for Project #23 consisting of utilities and water main on Cliff Road and in Clearview Addition and recommended that the City Clerk advertise for bids. Smith moved and Parranto seconded the motion to accept the plans and specifications and authorize the City Clerk to advertise tor bids to be opened on July 24, 1978, at 3:00 p.m. at Page 11 June 20, 1978 the City Hall. Those in favor were: Smith, Parranto, Murphy and Egan. Those against: none. Wachter did not vote. PROJECT #234 PLANS. The plans and specifications covering the water main and sanitary sewer along Cliff Road under Project #234 were submitted by the City Engineer. Parranto moved and Wachter seconded the motion, all members voted yea, to approve the plans and specifications and to authorize the City Clerk to advertise for bids to be opened on Tuesday, July 25th, at 3:00 p.m. at the City Hall. PROJECT #186 - TRUNK HIGHWAY #36 STORM SEWER. An invoice from MN/DOT in the sum of $205,224.54 consisting of 90% of the cost to be paid by Eagan to the State covering storm sewer and drainage construction along Trunk Highway #36 from Old Sibley Highway to Holding Pond B was next presented. The Engineer recommended approval according to the agreement between the City and NAT/DOT. Smith moved and Egan seconded the motion, all members voted yes, to approve the payment. PROJECT #232 SUPERANIERICA REPORT. The preliminary report for Project #232 consisting of utilities to the SuperAmerica station on County Road #30 was next discussed. The City Engineer indicated the report is not complete and no action was taken. EAGAN FOURTH OF JULY ASSOCIATION. A request from the Eagan Fourth of July Association for a contribution from the City for the 4th of July celebration was next discussed. Smith moved and Wachter seconded the motion, all members voted yes, to approve the payment of $500 to the Eagan Fourth of July Association on behalf of the City. AMERICAN FRUIT AND PRODUCE COMPANY. A letter from American Fruit and Pro- duce Company requesting a twin trailer access route from the American Fruit plant in Eagandale Center Industrial Park to Trunk Highway #55 was next reviewed by the Council. After the discussion, the Council requested the City Administrator Page 12 June 20, 1978 to acquire additional information regarding a twin trailer access route proposal and report back to the City Council. PROCEDURES MANUAL. The City Council members discussed the procedures manual approved by the Advisory Planning Commission, but requested further information to be distributed to the Council for the next meeting. No action was taken. WEST PUBLISHING PROJECT #196. A change order in the sum of $4,360 and final payment to Austin Keller Construction Company covering Project #196 con- sisting of West Publishing Company improvements was presented by the City En- gineer and recommended for approval. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the change order as submitted. Smith moved and Egan seconded the motion, all members voted in favor, to approve the final payment to Austin Keller Construction Company according to the recom- mendations of the City Engineer. SILAS PALMER PROPERTY. A request from Peace Reformed Church for an addi- tional 30 days for City Council action on the removal of the Silas Palmer buildings on Cedar Avenue was reviewed. It was noted that Mr. Palmer has offered the property to Peace Reformed Church.. There was no objection to the extension of 30 days. UTILITY CHECKS. The City Administrator recommended that a penalty be added to utility bills in the event of insufficient fund checks submitted to the City. Egan moved and Murphy seconded the motion that $3.00 additional be charged and added to the utility bills for handling charges for ISF utility payment checks. RIVER HILLS NINTH ADDITION LIGHTING REQUEST. A request signed by 38 owners for installation of ornamental lighting in River Hills Ninth Addition was accepted by the Council. Smith moved and Wachter seconded the motion to author- ize the City Engineer to prepare a preliminary report and schedule a hearing for July 18th at 7:00 p.m. at the City Hall. All members voted in favor. Page 13 June 20, 1978 FRANK KNOLL, JR. - LOT 1, CARLSON ACRES. Mr. Frank Knoll, Jr. appeared regarding his request to split Lot 1, Carlson Acres and stated that the Dakota County Engineer requested confirmation from the City of Eagan that it would authorize the subdivision and permit a driveway access to County Road #30. Wachter moved and Parranto seconded the motion to authorize the subdivision of the lot and to approve the access road driveway to County Road #30 as requested by Mr. Knoll. All members voted yes. CITY COUNCIL MEETING. Parranto moved and Wachter seconded the motion to change the City Council meeting from July 6th to July 10, 1978, at the City Hall at 6:J p.m. All members voted in favor except Egan who voted no. WATER TREATMENT SYSTEM. Councilman Smith recommended that the City Council again consider a study and public hearing regarding the installation of water treatment and softening equipment in the City. Smith moved and Parranto seconded the motion that the City Engineer be authorized to update the report regarding water treatment for the City and that a public hearing be scheduled for August 29, 1978, for 7:00 p.m. at the City Hall. All members voted in favor. COUNCIL AGENDAS. Councilman Smith suggested that no more than 15 formal items other than housekeeping and staff items be included on any Council agenda for any single Council meeting. Council members were in agreement and no formal action was taken, but the City Administrator was directed to follow the procedure for future Council meetings. COUNTY ROAD #30 - SERVICE ROADS. Council members expressed their concern regarding the improvement of service roads along County Road #30 and Cedar Avenue when the County improves those roads. The City Engineer was directed to contact the County Engineer concerning the upgrading of those service roads. DREXEL HEIGHTS DEVELOPMENT CONTRACT. A request from Pilot Knob Properties for reduction for the Part 1 assessment portion of the development contract for Drexel Heights Addition to $3,000 on the basis of payment of the assessments was Page 14 June 20, 1978 presented to the Council. Egan moved and Wachter seconded the motion, with all members voting in favor, to approve the reduction in the performance bond and to approve the development agreement for Drexel Heights Addition, subject to proof of payment of the assessments as stated. W;LR0Y FORD ADVERTISING SIGN. A request from Wilroy Ford for temporary advertising sign located on Johnny Cake Ridge Road was next discussed. Council members indicated that the right of way is expected to encroach upon the sign location and no action was taken. ZECO BID BOND CHECK. City Administrator Hedges indicated that a letter has been received from ZECO stating that changes and specifications by the City re- garding the purchase of a highway type sickle mower and the bid of ZECO of January 11, 1978, was next reviewed. ZECO requested the return of the $705 bid bond check because of the change in specifications. Mr. Branch recommended a refund. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the refund. LOUD SPEAKER INSTALLATION. Wachter moved and Egan seconded the motion to reimburse Ebb Childers $25 for the installation of the loud speaker system in the City Hall. All members voted yes. VOUCHERS. Egan moved and Parranto seconded the motion to approve the payment of the following vouchers: 441 - 455; 6375 - 6452; 9579 - 9716. All members voted in favor. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at 1:40 a.m. PHH DATED: June 20, 1978 city CIel2k