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02/07/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 7, 1978 A regular meeting of the Eagan City Council was held on February 7, 1978, at 6:30 p.m.,at the City Hall. Present were: Mayor Murphy, Councilmen Egan, Parranto, Smith and Wachter. Also present were: City Administrator Hedges, City Clerk Bolke, City Engineer Rosene and City Attorney Hauge. REPRESENTATIVE RAY KEMPE. Representative Ray Kempe appeared and stated that he has been elected the Chairman of the Dakota County Legislative delegation and reviewed several legislative issues with the Council. In addition,. a copy of the Eagan Volunteer Fire Department Relief Association bill was submitted to him for introduction to the 1978 Legislature. Further, a copy of a resolution proposed by the Eagan City Council to permit all communities to be eligible for HUD park and recreation funds regardless of economic status of community was presented to Repre- sentative Kempe. AGENDA. The Council reviewed the agenda and items stricken from the agenda included (a) awarding the bid for Improvement Project #215 consisting of park improvements, (b) historical committee appointments, (c) street lighting committee appointments, (d) consideration of a major street construction financing plan, (e) consideration of approval of the 1978 proposed utility rate schedule, (f) discus- sion regarding the West frontage road South of Cliff Road and (g):.a decision as to consulting services by Loren L. Law and Associates for a review of the administra- tive operations of the City. Wachter moved and Smith seconded a motion to approve the agenda with the continuances until the next meeting. AYEs: Murphy, Egan, 'Parranto, Smith and Wachter. NOs: None. MINUTES. The minutes of the following meetings were, upon motion by Egan, seconded Parranto, approved as follows: January 17, 1978 provided on page 10 that the mileage reimbursement for Council members only be permitted when mileage takes place for City business outside of Eagan; February 1, 1978 with the exception that City Attorney Hauge's fee for improvement projects is at 1k% of projects; and 2-7-78 January 24, 1978 minutes approved. AYEs: Murphy, Egan, Parratto, smith and Wachter. NOs: None. POLICE DEPARTMENT. Martin DesLauriers appeared. Mr. DesLauriers recommended that a replacement be made for the City's membership on the Dakota County Law En- forcement Committee in that Mayor Polzin has now retired. Wachter moved and Smith seconded a motion that Councilman Parranto be appointed as Eagan's representative. AYEs: Murphy, Egan, Smith and Wachter. NOs: None. Abstaining: Parranto. Employment of Patrolmen. Chief DesLauriers indicated he had tested 51 appli- cants for part-time patrolman position and requested authorization to hire the two finalists to start employment on February 15th and March lst. Parranto moved and Wachter seconded a motion to authorize the hiring of the two part-time patrolmen as recommended. AYEs: Murphy, Egan, Parranto, Smith and_Wachter. NOs: None. Police Facility. Chief DesLauriers submitted fuel supply quotations for the new police department facility with the low quote of Henry 0. Mikkelson Company in the amount of $10,300, with a second quote from Petroleum Maintenance Company in the sum of $10,460. There was discussion as to whether the contract could be a change order to the original police facility contract. After discussion, upon motion by Wachter, seconded by Parranto, it was RESOLVED that the Clerk be author- ized to advertise for bids to be opened on March 6, 1978 at 3:00 p.m. at the City Hall for the 10,000 gallon storage fuel supply system. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. Police Facility - Top Soil Excavation. City Administrator Hedges stated that negotiations had been completed regarding the police facility excavation with Henry 0. Mikkelson Company under sub-contract with Richard Knutson Company. Be- cause of a difference in estimates by the City Englueer'.and the estimate of the amount of excavation by Richard Knutson Company, a negotiated settlement of $10,000 at $1 per.cubic,foot was recommended by the City Administrator. The requested amount was $11,200 by Richard Knutson Company for 11,200 cubic yards. Smith moved and Egan seconded a motion to approve the negotiated settlement of $10,000 and -2- 2- 7- 78 authorize its payment. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PARK COMMITTEE. Barbara Schmidt was present. 1. Resolution - Community Block Development Grants. A proposed resolution recommended by the Park Committee for adoption by the Council was submitted by Barbara Schmidt and reviewed by the Council members. It would provide that all segments of the community be eligible for community development block grants. Wachter moved and Parranto seconded a motion to approve the resolution. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. 2. Patrick Egan Park and Rahn-Thomas Trail Grant Applications. Mrs. Schmidt discussed with the Council the final applications which have been prepared for submission to LAWCON and the State of Minnesota for Patrick Egan Park and Rahn- Thomas Trail. Smith moved and Wachter seconded a motion that the two resolutions as submitted be approved and authorized to be signed and submitted to the appro- priate agencies. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. 3. Dump Truck. After review by Barbara Schmidt, upon motion by Egan, seconded Parranto, it was RESOLVED that a change order addition to the bid of Ridgedale Ford for the one-ton dump truck in the sum of $233 be approved as recom- mended. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. SOUTH DELAWARE HILLS PROJECT #218 PUBLIC HEARING. The Mayor then reconvened a public hearing concerning Improvement Project #218 covering South Delaware Hills' utilities and street improvements. There was discussion concerning the need for capacity in the sanitary sewer line for the Inver Grove Heights drainage area and the Engineer reviewed the project. There was also discussion regarding. the park area contribution by the developer and Park Director Schmidt indicated no Park Committee recommendation had been made as yet on the park contribution. The hear- ing was then closed. Smith moved to order in the project with the understanding that the park dedication decision has not been made and that the Engineer be authorized to prepare the plans and specifications. Wachter seconded the motion. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. Mr. Richard Parranto -3. 2-7-78 who appeared for the applicant, stated that the Planned Development will proceed and the preliminary plat will be submitted upon completion of negotiations for park contribution. SOUTH DELAWARE HILLS EAW. After review of the EAW and recommendation by the staff that there is no adverse environmental impact, the staff recommended a nega- tive declaration be forwarded to the State of Minnesota. Smith moved and Egan seconded a motion that the recommendation of the staff be approved and authorized it be forwarded to the State. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. WESCOTT GOAD COUNTY ROAD #63 RECONSTRUCTION PROJECT. The City Administrator reviewed briefly with the Council the proposed agreement with the Chicago, Milwaukee Railroad for the improvement of the railroad right-of-way at the County Road #63 crossing. He stated that all issues now appear to have been settled between Dakota County and the Railroad, but recommended that the agreement be approved subject to completing the insurance requirements. Smith moved and Parranto seconded a motion to approve the agreement and authorize its signature subject, however, to completion of all insurance requirements under the agreement. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. There was discussion regarding the possibility of installation of right and left turn lanes on Highway #49 at County Road #63 because of the traffic storage problems near the railroad crossing. The Engineer was requested to inquire of the MK/DOT regarding this issue. 1978 ORGANIZATIONAL APPOINTMENTS. 1. City Engineer. Wachter moved and Smith seconded a motion that the firm of Bonestroo, Rosene, Anderlik & Associates be engaged as the City consulting engineers for 1978. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. 2. Auditing Firm. Parranto moved and Egan seconded a motion that Wilkerson, Guthmann & Johnson of St. Paul be engaged as the city auditors for 1978. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. -4- 2-7-78 3. Fiscal Consultant. Mayor Murphy stated that a representative of Juran & Moody, Steve Mattsson, had requested time to explain a proposal to continue as City fiscal consultants as had Ernie Clark of Miller & Schroeder. Each made a short presentation explaining their proposed fiscal services for 1978 including fee structure proposed and submitted suggested contracts with the City. Mr. Clark suggested an advanced refunding bond proposal covering 1974, 1975 and 1976 bond issues and estimated a saving of about $93,000 over a period of 12 years. He stated that he could offer the proposal at the next meeting. The City Council Financial Committee recommended that Miller & Schroeder be appointed as the fiscal consultants stating that service in recent years from Juran & Moody was not ade- quate on a month to month basis. They further stated that it appeared that Miller & Schroeder would offer greater service and recommended Miller & Schroeder be hired on a flat rate percentage proposal rather than hourly basis. The recommen- dation was made in spite of the fact that the proposed fee structure for Miller & Schroeder appeared to be higher than that of Juran & Moody. Parranto moved and Smith seconded a motion that Miller & Schroeder be engaged as the City fiscal consultant for 1978 on the flat rate percentage basis as proposed. AYEs: Egan, Parranto and Smith. NOs: Murphy and Wachter. ADVANCED REFUNDING PROPOSAL. Smith then moved and Wachter seconded a motion that Miller & Schroeder be authorized to prepare a proposal for advanced refunding for the 1974, 1975 and 1976 Eagan bond issues to be submitted at the next regular City Council meeting. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. INDUSTRIAL REVENUE BOND NOTE PROPOSALS. Mr. Winges from Juran & Moody re- viewed with the Council briefly the background for the issuance of industrial revenue bonds for the Highsite Apartment project consisting of three phases of 288 units at $5,500,000 and industrial revenue notes for the R. L. Johnson warehouse North of Highway #13 for approximately $2,000,000. The matter was referred by the Council to the Finance Committee for further review and report at a later meeting. -5- 2-7-78 R. L. JOHNSON FIRST ADDITION PRELIMINARY PLAT. Mr. Robert Johnson appeared on behalf of his application for preliminary plat approval for R. L. Johnson First Addition in Section 8. There was discussion concerning the need for sanitary sewer lift station in the area and also a review of the necessary easements was made by the Council. The APC recommended approval. Egan moved and Wachter seconded a motion to approve the preliminary plat for R. L. Johnson First Addition subject to all conditions recommended by the APC. Parranto moved and Murphy seconded a motion to amend to exclude the APC recommendation that the motion be subject to compliance by the applicant with park dedication requirements imposed by the Council within six months of approval of the final plat. Votes on the amendment - AYEs: Parranto and Murphy. NOs: Egan, Smith and Wachter. Votes on main motion - AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. R. L. JOHNSON FIRST ADDITION SANITARY SEWER. At the request of the developer Smith moved and Wachter seconded a motion to authorize the Engineer to prepare a feasibility report for the sanitary sewer services for the R. L. Johnson First Addition area. AYES: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. RYDRYCH - ST. JOHN NEUMANN REZONING. The application of Rev. Robert Nygaard and Mr. and Mrs. William Rydrych to rezone from A-Agricultural to P-Public Facili- ties 16 acres in the Sid/ of Section 22 at the Southeast corner of Deerwood Drive and Pilot Knob Road was next considered. Mr. and Mrs. Rydrych and Mr. Tom Gits were present. Mr. Gits stated that it is expected the construction will take place within the next two years. The APC recommended approval. There was dis- cussion concerning the requirement for waiver of plat and Mr. Rydrych stated that an application is being submitted to the City for review by the Planning Commission at the next meeting regarding the waiver of plat and variance. Parranto moved and Smith seconded a motion to approve the rezoning according to the application from A-Agricultural to P-Public Facilities. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. -6- 2-7-78 REZONING - RICHARD LAND ASSOCIATES. Mr. Donald Giefer and Mr. Richard Giefer, the owners, appeared on behalf of their application to rezone the W'/ of the N'/ of the SE'/, Section 15 lying West of Lexington Avenue from A-Agricultural to R-1 and the Ek of the N/ of the SE' of Section 15 to R-4. The APC recommended approval with conditions including the townhouse area to be rezoned to R-3 consisting of 40 units. The single family area would consist of 69 sites. John Klein was also present and reviewed the discussion with Park Committee members. Barbara Schmidt stated that a trail through the area as a connecting link to Patrick Egan Park was being considered. There were questions as to whether the applicants should reapply for the zoning because of the revision of the zoning from the original application. It was also noted that the preliminary plat application covered only the West 40 acres and publication covering the East 40 acres would also be required. The Park Director requested the Park Committee be permitted to make park recommendations before final approval by the Council. Smith moved and Wachter seconded a motion to rezone the Westerly approximately 37 acres from A-Agricultural to R-1. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. The Council then consider- ed the application for approval of the preliminary plat which was recommended for approval by the APC subject to certain conditions. Smith then moved and Wachter seconded a motion to approve the preliminary plat covering the single family area in the West 37 acres subject to the conditions recommended by the APC and further, subject to completion of all park dedication requirements and review and approval by the City Engineer. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. Parranto then moved and Wachter seconded a motion to waive the application fee for the second application for rezoning. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. DUCKWOOD ESTATES. Mr. Ralph Wagner and Mr. John Klein appeared and stated to the Council that corrections on the final plat of Duckwood Estates are required by the County. Mr. Wagner stated that the trail easement cannot be dedicated by the plat according to state law and a separate easement will be required with the -7- 2-7-78 current easement on the plat indicating a drainage easement. Smith moved and Parranto seconded a motion to approve the revised plat and authorize execution of the revised final plat subject to the execution of the appropriate trail easement. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. SILVER BELL CENTER FINAL PLAT. The application of Metram Properties for final plat approval of Silver Bell Center at the Northeast intersection of Silver Bell Road and Highway 413 was next reviewed. It was recommended that the building permit be granted subject to the grant of necessary public easements to the City. There was discussion concerning MN/DOT's comments concerning drainage along High- way #13 and the City Engineer indicated that the applicant appeared to be in com- pliance with necessary drainage requirements. Egan moved and Parranto seconded a motion that the final plat be approved subject to the acquisition of necessary easements. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PILOT KNOB PROPERTIES. Pilot Knob Properties requested a feasibility study for construction of Wescott Road from Pilot Knob Road to Denmark Lane. Wachter moved and Egan seconded a motion to instruct the City Engineer to prepare a feasibility report at the request of the applicant. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PROJECT #215 PARK IMPROVEMENTS. The low bid of Richard Knutson, Inc. in the sum of $211,049.92 for the park improvement Project #215 was next reviewed. It was noted that it exceeded the estimate of about $180,000. Wachter moved and Egan seconded a motion to defer decision on the award of the bid until the next meeting. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. Improve- ments under the contract would be a new well site at Pilot Knob Road near Ches Mar Addition, Pilot Knob Park, South Oaks area and Northview athletic field. PROJECT #217 EAGAN HILLS NORTH UTILITIES. The bids.covering Project #217 consisting of utility improvements in Eagan Hills North Addition which were opened on Friday, February 3rd, were reviewed by the Council. The low bid of Richard Knutson, Inc. in the sum of $257,224.00 was recommended for approval by -8- 2-7-78 the City Engineer. Smith moved and Wachter seconded a motion that the low bid of Richard Knutson in the above amount be approved and the contract be awarded. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. WOODGATE ADDITION PLAT CORRECTION. A land surveyor's Certificate of Correc- tion pertaining to curb information along Hickory Drive was submitted by City Clerk Bolke. Upon motion by Egan, seconded Parranto, it was RESOLVED to authorize execution of the Certificate of Correction. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PROJECT #219 DUCKWOOD DRIVE STREET IMPROVEMENT CONTRACT. The Duckwood Drive Street Improvement Project #219 contract with Hustings & Engstrom was upon motion by Smith, seconded Egan, ordered approved and executed. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. LaPEPINIERE MONTESSORI SCHOOL CONDITIONAL USE PERMIT. The application of LaPepiniere Montessori School located in Easy Street Apartments on Silver Bell Road for conditional use permit renewal was next considered. Smith moved and Parranto seconded a motion to approve the conditional use permit as requested for an additional year. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PROJECT #223 PRELIMINARY REPORT. The City Engineer submitted a preliminary report covering Project #223 for utility crossings on Interstate Highway I-35E. There were questions as to assessments for the improvements. Smith moved and Egan seconded a motion to accept the feasibility report and authorize the Engineer to continue discussions with MN/DOT concerning the project. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PROJECT #193 PART FIVE. The plans and specifications for the booster station to activate the highwater zone in the South half of the City consisting of Part Five of Project #193 was submitted by the Engineer. Wachter moved and Egan seconded a motion to accept the plans and specifications and to authorize the Clerk to advertise for bids to be opened on March 13, 1978, at 3:00 p.m. at the City Hall. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. -9- 2-7-78 PROJECT #224 CHES MAR ADDITION UTILITIES. The preliminary report concerning Project #224 consisting of utilities in Ches Mar 4th Addition was submitted by the City Engineer. Smith moved and Parranto seconded a motion to accept the prelimi- nary report and schedule a public hearing on the report for March 7, 1978 at 7:00 p.m. at the City Hall. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. DUCKWOOD ROAD RESOLUTION. City Attorney Hauge submitted a proposed resolu- tion regarding the John Moller property West of Duckwood Estates stating that assessments against the Moller property would not be levied until the development of the property. It was noted that a street easement for the installation of sanitary sewer line connecting to the Timbershore area was necessary. Wachter moved and Egan seconded a motion to approve the resolution. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. COMPREHENSIVE PLANNING GRANT ENTITLEMENT. The Metropolitan Council has approved the award of Eagan's Community Comprehensive Planning Grant entitlement of $19,204. Upon execution of the grant agreement, the initial 90% of the grant will be disbursed to the City. Smith moved and Wachter seconded a motion to approve the agreement and to approve its execution. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. ROSEMOUNT SCHOOL DISTRICT. City Administrator Hedges reviewed with the Council the concern of certain residents of Eagan that there is no proposal for the location of schools by the Rosemount School District in its proposed bond isaue within the City of Eagan. A suggested resolution recommending that the Rosemount School Board review the possible location of an elementary and middle school within the City of Eagan was submitted for discussion. Wachter moved and Parranto seconded a motion that the resolution be approved and ordered forwarded to the Rosemount School Board. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. PROJECT #221A - DUCKWOOD ESTATES. An agreement with ENC0N Utilities, Inc. covering Project #221A consisting of utility improvements in Duckwood Estates -10- 2-7-7) Addition was submitted for execution. Smith moved and Egan seconded a motion to approve the execution of the agreement. AYEs: Murphy, Egan, Parranto, Smith and Wachter. '240s! ;None. C:NES MAR 4TE: ADDITION DEVELOPP'ENT AGREEMENT. The City Clerk submitted the proposed agreement and upon motion by Egan, seconded Uachter, it was RESOLVED that the agreement be approved subject to submission of the appropriate letter of credit and ordinance compliance. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs:ITone. DUCRWOOD ESTATES DEVELOPI::TT AGREE)'EINT. Parranto moved and Wachter seconded a motion to approve the execution of the development agreement covering Duckwood Estates Addition subject to ordinance compliance. AYES: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. METRO SOUND ABATEVENT COUNCIL. Mr. Barton Schmidt requested that he be named as Eagan's representative to the Metro Sound Abatement Council. It was noted that that Council has requested a representative be appointed by the City of Eagan. Parranto moved and Wachter seconded amotion that Mr. Barton Schmidt be appointed as Eagan's representative to the Council. AYES: Murphy, Egan, Parranto, Smith and Wachter. PNOs : None. BILLS AND ADJOUP111ENT. Upon motion by Parranto, seconded Smith, it was RESOLVED that the bills according to the following schedule be approved: 396 - 397,- 5570 - 5753; 8607 - 87317 and that the meeting be adjourned and a special meeting be scheduled for Tuesday, February 14, at 7:00 p.m. at the City Hall. AYES: Murphy, Egan, Parranto, Smith and Wachter. IIOs: None. The meeting adjourned at 12:15 p.m. DATED : February 7, 1978 City Clerk -11- 1978 CONDITIONAL USE PERMIT RENEWAL FEBRUARY LaPepiniere Montessori School Inc. Easy Street Apartments-Silver Bell Road COUNCIL APPROVAL -2 7 7,? date