01/17/1978 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 17, 1978
A regular meeting of the Eagan City Council was held on January 17, 1978 at
6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmen Egan,
Parranto, Smith and Wachter. Also present were: City Administrator Hedges, City
Clerk Bolke, City Engineer Cordon and City Attorney Hauge. Mayor Murphy presided.
NO SMOKING. Wachter moved and Egan seconded the motion to permit smoking
during Council meetings only during designated recesses in the meetings. AYEs:
Murphy, Egan and Wachter. NOs: Parranto and Smith.
AGENDA. Administrator Hedges requested that the 1977 Advisory Planning
Commission Annual Report be considered. Smith moved and Wachter seconded a motion
to approve the agenda with the addition of the 1977 APC Annual Report.. AYES:
Egan, Parranto, Murphy, Smith and Wachter. NOs: None.
MINUTES. Upon motion by Egan, seconded by Parranto, it was RESOLVED that
the minutes of the regular January 3, 1978 meeting be approved. AYEs: Murphy,
Egan, Parranto, Smith and Wachter, NOs: None.
PUBLIC WORKS DEPARTMENT.
1. Bill Branch appeared. Mr. Branch recommended that the Council accept the
low bid of Charles Olson and Sons, Inc. in the sum of $12,740 with a deduct for
plow of $2,200 for a balance of $10,540 for the 32,000 GVW truck. Wachter moved
and Smith seconded a motion to approve the low bid and award it to Charles Olson
and Sons, Inc. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
2. Speed Zones - County Road #26. A question was raised concerning the
possibility of lowering the speed limit between Highway #13 and Pilot Knob Road
on County Road #26. It was n~pdt thencil has requested through the
County and the MN/DOT t:a 'educf ;t1 ;speed zone below, 40 miles per hour because of
the dangerous conditions on County Road #26 is`i that vicinity. Smith moved and
Wachter seconded a motion that the Council again request of MN/DOT through the
District Engineer that a review be made of the speed with the suggestion that it
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be reduced to 30 mph between Highway #13 and #31 on County Road #26 and, further,
that the speed be reduced to 30 mph on County Road #30 between Rahn Road and Cedar
Avenue. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
3. Mr. Branch then recommended that the second low bid of Zieco Company for
the tractor with front end loader be awarded in the sum of $14,041 which included
tractor with highway type mower. He recommended that the low bid of Anderson and
Cook Ford, Inc. of North Branch be rejected because the mower included in the bid
of $12,199 was not a highway type mower required by the Public Works Department.
Egan moved and Parranto seconded the motion that the second low bid of Zieco Com-
pany be awarded for the reason described above. AYEs: Murphy, Egan, Parranto,
Smith and Wachter. NOs: None.
e
4. Mr. Branch recommended that Mike Marser, a former CETA employee with the
City for two years, be hired full-time in the Public Works Department effective
February 1, 1978. Smith moved and Wachter seconded the motion to approve the
hiring of Mr. Marser. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION. Mr. Al Horrocks and other
representatives of the VFD Fire Relief Association, including John Flood, appeared
regarding its request for an increase in Relief Association benefits. The City
Administrator reviewed a proposed revision to Chapter 43 of the 1974 Session Laws
which would increase the amounts authorized for retirement benefits for the Eagan
VFD Relief Association members. Also, a proposed resolution to be submitted to
the 1978 Legislature was reviewed. Councilman Parranto discussed the possibility
of a self-funding plan with contributions by the VFD members. The special meeting
of the City Council will be held on Saturday, January 21, 1978 at 10:00 a.m. in
Eagan Fire Hall #1 to review the proposed legislation in detail. Further, by
motion made by Parranto, seconded by Egan, it was RESOLVED that a special meeting
of the full City Council be held at the City Hall at 6:30 p.m. on Tuesday, January
24, 1978, to review with the Relief Association the proposed increases in benefits.
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AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. The Relief Associa-
tion representatives also requested a recommendation from the Council on the type
of investment of the Relief Association funds noting in the past, six-year savings
certificates have been used to invest the funds.
POLICE DEPARTMENT. Police Chief Des Lauriers appeared.
Mr. Des Lauriers introduced James Horne of Horne Architects, Inc. who dis-
played three samples of carpeting for the new police facility with a total low bid
of $6,784.47, or $1,784 over the $5,000 budget. After discussion and concern
about exceeding the budget allowance, Parranto moved and Egan seconded a motion
that the bids for the proposed carpeting be rejected and that the committee acquire
a new bid for carpeting that does not exceed the budget allowance; further, that
the committee consider rubber-backed carpeting as a possibility. AYEs: Murphy,
Egan, Parranto, Smith and Wachter. NOs: None.
PARK DEPARTMENT. Chairman Myrel Lundsten appeared. It was noted that Diane
Scribner had resigned as the office worker for the Park and Public Works Depart-
ments, and it was recommended by both department directors that Andrea Schneider
be hired in that position effective immediately. Smith moved and Wachter seconded
a motion to approve the hiring of Andrea Schneider. AYEs: Murphy, Egan, Parranto,
Smith and Wachter. NOs: None.
SOUTH DELAWARE HILLS PROJECT #218 PUBLIC HEARING. At the recommendation of
the City Administrator, Wachter moved and Egan seconded a motion to continue the
hearing concerning Improvement Project #218 consisting of utilities to South
Delaware Hills Addition to February 7, 1978 at 7:00 p.m. AYEs: Murphy, Egan,
Parranto, Smith and Wachter. NOs: None.
LEGAL NEWSPAPER. Mayor Murphy requested that City Attorney Hauge review the
proposals made by the Dakota County Tribune and the Sun Newspapers to act as the
official newspaper for the City of Eagan for 1978. Letters have been received
from each of the two newspapers and it appeared that both newspapers comply with
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the statutory requirements. After discussion, upon motion by Wachter, seconded
Egan, it was RESOLVED that the Dakota County Tribune be designated as the official
newspaper for 1978 in spite of the fact that the bid of the Dakota County Tribune
was higher than the Sun Newspapers. The reasons included the fact that the Dakota
County Tribune has served the City of Eagan as a legal newspaper for many years
and has done a good job in that capacity; that it has a considerably larger paid
circulation in the City; that the Tribune has offered convenient service for sub-
mission of legal notices and general news; that it was subject, however, to a
charge of 16 cents per line for each subsequent insertion as permitted by law
rather than 16.1 cents per line. AYEs: Murphy, Egan, Parranto, Smith and Wachter.
NOs: None.
BRAUN PROPERTY ASSESSMENT REALLOCATION. City Attorney Hauge and City Admin-
istrator Hedges reviewed with the City Council a letter that was received from
Vance Grannis, Jr. answering certain questions concerning the proposed realloca-
tion of assessments on the Braun property lying West of Highway #49. There were
questions concerning the precedent that would possibly be set for shifting of
assessments for future levied assessments and a suggestion that the Court Order
requirement be complied under protest. Parranto moved and Smith seconded a motion
to approve the request for the reallocation of assessments according to the
Dakota County District Court Order dated June 4, 1976, which approval is made
under protest and with a stipulation that all affected heirs and owners of the
property will waive procedural requirements under M.S.A.429, the Special Assess-
ment Statute; further, it was understood that no precedent is being set by the
reallocation of the assessments for the transfer of future assessments that may
be levied against the affected property; further, that the reallocation is granted
on the basis of the Court Order and that no precedent is intended to be set.
AYEs: Murphy, Egan, Parranto and Smith. NOs: Wachter.
MILWAUKEE RAILROAD - WESCOTT ROAD. An agreement submitted by the Chicago,
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Milwaukee, St. Paul and Pacific Railroad Company between the City of Eagan and the
Railroad concerning the reconstruction of the grade crossing at County Road 4#63 at
the Milwaukee tracks was reviewed by the City Administrator and City Attorney. The
estimated cost of the reconstruction is $12,000 with a 55-45 split in cost between
the County and the City. The Railroad suggested a Federal aid safety project for
automatic warning devices at the crossing. There were also questions concerning
the liability issues raised in the agreement. Egan moved and Wachter seconded a
motion to continue the matter until further report by the City Administrator after
contacts with Dakota County. AYEs: Murphy, Egan, Parranto, Smith and Wachter.
NOs: None.
REALIGNMENT OF LEXINGTON AVENUE. The City Engineer reviewed the proposed
realignment of Lexington Avenue running Southerly of County Road #30 to Cliff Road
and suggested a formal request in the change of alignment to Dakota County. It
was understood that the developer, Dunn & Curry, would dedicate all necessary
right-of-way to the County without cost. There were questions concerning Lexington
right-of-way North of County Road #30 and its junction with present Lexington.
Park Chairman Lundsten was present and suggested a study for trail purposes along
the right-of-way. Murphy moved and Smith seconded a motion to approve the corridor
plan with the understanding the Council will be granted the right to periodically
review the design progress of the right-of-way because of the safety issues at the
intersection of County Road #30 and Lexington Avenue. AYEs: Murphy, Egan, Parranto
and Smith. NOs: Wachter.
NWCC INTERCEPTOR ACQUISITION. City Administrator Hedges and City Attorney
Hauge then updated the Council on the status of the acquisition of the North Dis-
trict interceptor by the MWCC. It was noted that Richard Dougherty, the Chief
Administrator, turned down the request to include the acquisition costs incurred
by the City in the takeover by the MWCC in addition to immediate payment to the
City for the additional lift station. No action was taken.
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ADVISORY PLANNING COMMISSION AND PARK COMMITTEE APPOINTMENTS. The City Attor-
ney recommended that if the Council were to use written ballots for appointments
for the election to the vacancies on the Advisory Planning Commission and Park Com-
mittee, that the names of the balloting councilmen be included on the ballots for
purposes of record keeping. The Council first voted on the two three-year expired
terms on the Planning Commission with Bea Blomquist and Frank Dembroski's terms
having expired. There were no other nominations from the floor. Several ballots
were cast and Bea Blomquist received a majority vote of the ballots cast for the
Advisory Planning Commission for a three-year term, John Roszak was elected for a
three-}ear term, and ballots were then cast for the one-year expired term of Leo
Murphy. Frank Dembroski was then elected for a one-year term. The ballots used
for the election are available with the City Clerk.
PARK COMMITTEE. There were no other nominations from the floor. Smith
moved to drop the two persons with the lowest number of votes after two ballots,
and on each subsequent ballot the person receiving the lowest number of votes on
that ballot after the second ballot. Wachter seconded the motion. AYEs: Murphy,
Egan, Parranto, Smith and Wachter. NOs: None. Elected to three-year terms were
Roger Martin, Gene Loken and Norman Hagen. Elected for a one-year term was Mike
Thomas.
ROAD COMMITTEE RESOLUTION. Councilman Egan submitted a Resolution, a copy of
which is attached to these minutes, covering the purposes, the structure and the
qualifications of members on the Ad Hoc Road Committee. Smith seconded the motion.
Councilman Parranto objected to the Resolution and indicated that the members were
appointed by the former Mayor; that the Council had never reviewed the appointments
on ad hoc committees in the past concerning potential conflicts of interest; and
it was only a temporary committee and the Council could accept or reject the recom-
mendations of the committee. Chairman John Klein was present and indicated that
two meetings of the committee had been held to date. It was noted that the commit-
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tee was first recommended by the Council at its November 1, 1977 meeting and on
December 6, 1977, Mayor Polzin announced the appointment of the members. Smith
moved to amend and Egan seconded a motion to amend the Resolution in certain res-
pects. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. The vote on
the original Resolution as amended was as follows: AYEs: Murphy, Egan, Parranto,
Smith and Wachter. NOs: None.
RESOLUTION
WHEREAS, at a regular meeting of the Eagan City Council held on
December 6, 1977 at the City Hall, Mayor Herbert Polzin announced
the appointment of a Pilot Knob Road Improvement Study Committee
including John Klein as Chairman, Joseph Harrison, Arnold Carlson,
Roger Fredlun, Vincent Kennedy, Gene Abramson, Paul Taylor, Dale
Vogt and Robert Losinski as members and,
WHEREAS, no specific statement has yet been made by the City
Council with respect to the purpose, scope or duration of said
Pilot Knob Road Improvement Study Committee;
NOW, THEREFORE, be it resolved:
1. That the purpose and scope of said Pilot Knob Road Improve-
ment Study Committee be limited to an investigation into the pre-
ference between an intersection with 1-494 with Pilot Knob Road or
with Trunk Highway 13 with the understanding that other roads may
be reviewed in order to arrive at a proper reccimnendation on the
intersection, and the duration of said committee shall be only un-
til such report of preference shall be made.
2. That the Eagan City Council shall set the number of members
on said road committee at nine (9) and any vacancies an said com-
mittee shall be selected by majority vote of the Eagan City Council.
Dated: 1-17-78 Councilman Egan
ENERGY COMMITTEE REPORT. City Attorney Hauge reviewed with the Council the
report of the Eagan Energy Committee made at its meeting on January 4, 1978. There
was concern amongst Council members that the rates of Minnegasco may be higher than
that of Peoples Gas. After review of the recommendations, Wachter moved and
Parranto seconded a motion to accept recommendation No. 1 of the Energy Committee
as follows: "That the City Council authorize the City Administrator to enter into
preliminary negotiations with Minnegasco concerning natural gas service to the
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City of Eagan." At the present time no further action will be taken to terminate
the Peoples Gas franchise Ordinance No. 7 nor to submit legislation to the 1978
Legislature concerning the natural gas allocation and franchised boundary issues.
AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
PROJECT #221A DUCKWOOD ESTATES UTILITIES. The City Engineer reviewed the
bids for Project #221A consisting of the Duckwood Estates and County Road #31
utility projects. The low bidder was Encon Utilities, Inc. in the sum of
$243,053.30. The City Engineer recommended award to the low bidder. Wachter
moved and Parranto seconded a motion to award the bid to the low bidder, Encon
Utilities, Inc. in the above sum. AYEs: Murphy, Egan, Parranto, Smith and Wachter.
NOs: None.
DISCO-TREK, INC. Mr. Bert Rozman and his associate appeared on behalf of
the request of Disco-Trek, Inc. to change the Sunday opening hours from 1 to 5 p.m.
to 6 to 10 p.m. He indicated that very few young people attend on Sunday after-
noon and requested the change. Smith moved and Parranto seconded the motion to
grant permission to keep the Disco-Trek open from 1 p.m. to 10 p.m. on Sundays
and it was understood that one Sunday a month the Disco-Trek will be open from
about 2 until 10, otherwise generally it will be open from 6 to 10 p.m. only.
AYEs: Egan, Parranto and Smith. NOs: Murphy and Wachter.
WILLIS HARRINGTON BUILDING PERMIT. The application of Willis Harrington for
building permit for a pole building in Section 35 was transferred to the Planning
Commission meeting for review.
CHES MAR FIFTH ADDITION FINAL PLAT. Mr. David Gabbert, the developer of
Ches Mar Fifth Addition, submitted a final plat and requested approval. Murphy
moved and Smith seconded a motion to approve the final plat subject to the sub-
mission and approval of the development contract and escrow agreement, the satis-
faction of park dedication requirements and the dedication of a trail easement
according to the City requirements; further, subject to all applicable ordinances;
further RESpt,YED that the blanket variance similar to other Ches Mar variances for
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set-backs for the buildings be granted on the same terms. AYEs: Murphy, Egan,
Parranto, Smith and Wachter. NOs: None.
CHES MAR FOURTH ADDITION. Mr. Gabbert indicated that a letter had been for-
warded by his bank to the City indicating that a development bond will be de-
livered within approximately two weeks for Ches Mar 4th Addition. He requested
that the final plat be signed with the understanding that the letter of credit
will be delivered. Smith moved and Parranto seconded a motion to approve the
final plat for the Fourth Addition and authorize its signature with the under-
standing that the bank would submit the letter of credit. AYEs: Murphy, Egan,
Parranto, Smith and Wachter. NOs: None. In addition, recommended reductions in
the development bonds for Ches Mar Additions First, Second and Third were recom-
mended by the City Engineer according to letters submitted by the Engineer. Smith
moved and Parranto seconded a motion to approve the reductions. AYEs: Murphy,
Egan, Parranto, Smith and Wachter. NOs: None.
R AND R ADDITION FINAL PLAT. Mr. Gerald Rogers appeared in behalf of his
application for final plat approval for R & R Addition. Smith moved and Parranto
seconded a motion to approve the final plat subject to park dedication requirements,,
further, it was understood that the escrow for future assessments for street im-
provements be waived because only two lots abutting on the street are included in
the plat and that assessments will be levied in the future when improvements are
installed. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
WATER AND SEVER RATE STUDY. The City Administrator recommended that the
City Engineers review the water and sewer rates for the City. Upon motion by
Wachter, seconded by Egan, it was RESOLVED that the City Engineer be authorized
to prepare such a study and report back to the Council. AYEs: Murphy, Egan,
Parranto, Smith and Wachter. NOs: None.
EAGAN HILLS/NORTH HILLTOP ESTATES ASSESSMENTS. A letter from the developers
of Eagan Hills/Hilltop Estates Addition requesting that all assessments in the
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Addition be assessed over a period of ten years was reviewed by the Council. It
was understood that the developer intends to sell lots and not to develop homes on
the lots. Wachter moved and Murphy seconded the motion to approve the request.
AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
PROJECT #211A - CHANGE ORDER NO. 2. Change Order Number 2 to Project #211A
consisting of $16,464.75 for sanitary sewer laterals in the Eagan Hills North Addi-
tion was next reviewed. Egan moved and Wachter seconded the motion to approve the
Change Order. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
MILEAGE FOR CITY EMPLOYEES. City Administrator Hedges stated that the current
allowance for City employees is 12 cents per mile. He noted that most cities
grant 15 to 18 cents per mile to its employees and recommended the Council consider
a revision. Smith moved and Egan seconded a motion to increase the mileage allow-
ance to 15 cents per mile for city business. AYEs: Murphy, Egan, Smith and Wachter.
NOs: Parranto. Council members also discussed mileage allowance for Council mem-
bers and the general consensus was that Council members could request compensation
(,3
for mileage spent on official city business. dL f Y
PROJECT #221B PLANS. The City Engineer submitted plans and specifications for
Duckwood Estates and Eagan Hills North/Hilltop Estates Addition street improvements
under Project #221B. Upon motion by Wachter, seconded by Parranto, it was RESOLVED
that the plans and specifications be approved and accepted and that the Clerk be
authorized to advertise for bids to be opened on February 17, 1978 at 3:00 p.m. at
the City Hall. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
DEEP WELL NUMBER FIVE PUMP HOUSE. The next set of plans submitted by the
Engineer covered Project #193 Part 4, Deep Well Number 5 Pump House. Smith moved
and Wachter seconded a motion to accept and approve the plans and specifications
and to authorize the advertising of bids to be opened on February 17, 1978 at
3:00 p.m. at the City Hall. AYEs: Murphy, Egan, Parranto, Smith and Wachter.
NOs: None.
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CEDAR AVENUE FRONTAGE ROAD. Some Council members discussed the proposed
frontage road running Southerly of Cliff Road along new Cedar and the importance
as a connecting link between Apple Valley and Eagan. After discussion, Parranto
moved and Egan seconded a motion to continue the discussion until additional infor-
mation is received by the City Administrator and Engineer. AYEs: Murphy, Egan,
Parranto, Smith and Wachter. NOs: None.
CEDAR AVENUE RESOLUTION. The MN/DOT has informed Eagan that two separate
contracts will be awarded to complete a segment of Cedar Avenue freeway between
Minnesota Trunk Highway #13 and Cliff Road. A resolution prepared at the request
of Mayor Murphy was reviewed, dated January 17, encouraging MN/DOT to complete its
plans and to advertise for bids and award contracts on Cedar Avenue as quickly as
possible primarily because of the big influx of traffic expected to the Zoo
beginning in the Spring of 1978. Upon motion by Wachter, seconded by Egan, it was
RESOLVED that the resolution be approved and forwarded to the officials listed on
the resolution. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
APC ANNUAL REPORT. The Annual Report prepared by APC secretary member Bea
Blomquist, with the assistance of the City Administrator, was reviewed by the
Council. Councilman Parranto recommended that the members of the Advisory Planning
and Park Committees a4vtse applicants that their recommendations are not final and
that they have the right to go to the Council even in the event of denial by either
of those committees. Wachter moved and Egan seconded the motion to accept the
Annual Report of the APC. It was understood that the procedures for the APC will
include the fact that the Mayor or the Council may request special meetings of the
Advisory Planning Commission and that special meetings will be permitted whenever
necessary to facilitate development in cases of importance or hardship. AYEs:
Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
TAX INCREMENT FINANCING. A letter from the City of Robbinsdale recommending
that cities throughout the state oppose Minnesota House File 1191, which allegedly
would virtually eliminate the use of tax increment financing for most small communi
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ties in Minnesota. Questions were raised by Councilmen concerning the reasons why
the Legislature is proposing eliminating TIF. Parranto moved and Wachter seconded
a motion to support the attempt to defeat the House File 1191 and forward appro-
priate resolutions to affected officials. AYEs: Murphy, Parranto and Wachter.
NOs: None. Abstaining: Egan and Smith.
CHES MAR FOURTH ADDITION. A request from David Gabbert, the developer of
Ches Mar Fourth Addition, for a fifteen year assessment spread and that the En-
gineer be authorized to prepare plans and specifications for utilities in Ches Mar
Fourth Addition was next considered. Murphy moved and Smith seconded a motion to
authorize the City Engineer to prepare the plans and specifications and report to
the Council. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
CETA ALLOCATION. The City Clerk indicated that a notice of allocation cover-
ing the period 10-1-77 through 9-30-78 for CETA employee purposes in the City, in-
cluding an amendment to the present contract, had been submitted to the City.
Parranto moved and Wachter seconded the motion to approve the allocation and the
amendment to the CETA contract. AYEs: Murphy, Egan, Parranto, Smith and Wachter.
NOs: None.
TAPE RECORDING OF COUNCIL MINUTES. Council members discussed the use of the
tape recorder for City Council minutes. It was decided that the tape recorder
would be used only for special purposes selected by the Council and approved by a
majority vote of the Council.
CITY WARRANTS. Wachter moved and Egan seconded a motion to approve the bills
of the City according to the following warrants: 381 - 395; 5580 - 5669; 8482 -
8606. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None.
ADJOURNMENT. Upon motion by Wachter, seconded by Parranto, it was RESOLVED
that the meeting adjourn at 12:40 p.m. AYEs: Murphy, Egan, Parranto, Smith and
Wachter. NOs: None.
DATED: January 17, 1978 K,i~--t
City Clerk
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