Loading...
01/16/1979 - City Council Regular 0 011 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 16, 1979 A regular meeting of the Eagan City Council was held on January 16, 1979, at 6:30 p.m. at the City Hall. Those pre- sent were: Mayor Murphy, Councilmembers Parranto, Egan, Smith, and Wachter. Also present were: Engineer Gordon, City Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. AGENDA After the Pledge of Allegiance, the City Council reviewed the agenda. Mrs. Goers from Cliff Road was present and asked if the Council would request state funding for Cliff Road due to the improvement to Cliff Road was created by the additional zoo traffic. City Administrator Hedges reported that the written request made to Mn/DOT indicated that there was no assistance available for that purpose. Wachter then moved and Egan seconded the motion to direct the City Administrator to request funding from the State of Minnesota through the legislature, if necessary, and that the staff review the issue in greater detail. All members voted in favor. The agenda was approved with the addition of Mrs. Goers to the agenda. MINUTES Egan moved and Parranto seconded the motion, all members voted in favor, to approve the minutes of the January 2, 1979 meeting with the exception on page 7 that Smith moved and Egan seconded the motion, all members voted in favor to approve the development bond reductions according to the list in the minutes. POLICE DEPARTMENT Chief DesLauriers appeared and recommended that the Council promote two part-time patrolmen, Kevin Putt and Greg Johnson, to fulltime effective February 1, 1979 for Kevin Putt and April 1, 1979 for Greg Johnson. Councilmembers indicated that there was no provision in the budget for two additional fulltime patromen and there was discussion concern- ing possible sources for funding. After considerable discus- sion, Wachter moved and Murphy seconded the motion to hire the two patrolmen fulltime according to the schedule outlined by Mr. DesLauriers, subject, however, to staff locating adequate funding for the two additional fulltime patrolmen. Those in favor were: Murphy, Wachter, Parranto. Those against were: Egan and Smith. Page 2 January 16, 1979 0 012 City Council Minutes PARK DEPARTMENT There was no Park Department business. PUBLIC WORKS Public Works Director Colbert reported: 1. Sewer Rodding Machine. Mr. Colbert stated that bids were opened on January 11, 1979 for a sewer rodding machine and only one bid was submitted after sending specs to four companies. The only bid was from Flicks Pipe Company in the sum of $10,183 and it was recommended for approval. Egan moved and Wachter seconded the motion, all members voted yes, to approve the purchase. 2. Front End Loader. Mr. Colbert then went into a lengthy explanation concerning bids received on January 11, 1979 for a front end loader from five companies with the low bid from Road Machinery & Supply Company for $50,965 for a model 45C loader and Carlson Tractor & Trailer Equipment Company, the second low bidder, at $51,695 with $770 in additional options. The Public Works Director recommended that the second low bid of Carlson Tractor & Trailer Company be approved for numerous reasons provided in a memorandum outlined by Mr. Colbert, including the fact that it is a superior machine. He recommended approval of the bid of Carlson Tractor, together with the options in the amount of $770. Wachter moved and Smith seconded the motion to approve the bid of Carlson Tractor for $51,695 plus $770 in options. All members voted in favor. 3. Excess Storm Sewer Pipe. It was noted that the City has arranged for the sale to Parrott Construction Company of $2,118.60 excess storm sewer pipe from the Sibley Terminal Industrial storm sewer project that had been salvaged and it was recommended that the funds be used to purchase a gas detector, air pack and an electronic metal locator for a sum of $1,940. Smith moved and Wachter seconded the motion, all members voted yes, to approve the sale of the storm sewer pipe and the purchase of the equipment mentioned above. Member Parranto commended the City employees for saving the storm sewer pipe and the resulting saving of City funds. WOODGATE HOMEOWNERS ASSOCIATION Mrs. Olga Zender and other residents of Johnny Cake Ridge Road in Woodgate Addition appeared and requested that the stop sign be installed at Johnny Cake Ridge Road and Hickory Hill. Mrs. Zender and others expressed their concern for the safety of the children and the need for a crosswalk in that location. Public Works Director Colbert and Police Chief DesLauriers recommended against stop signs too frequently on collector streets for even flow of traffic. A letter of December 13, 1978 Page 3 0 013 January 16, 1979 City Council Minutes by Mr. Colbert to the Woodgate Homeowner's Association was reviewed. Following discussion, Smith moved to instruct the Police Department to acquire a sample of speeds in the general area by the use of an unmarked car and following that to authorize a stop sign at the intersection of Johnny Cake Ridge Road and Hickory Hill for a three month trial period following with an evaluation to determine whether it should be retained; further, that the staff be instructed to coordinate with the Rosemount School District to determine whether possible revision of the school bus stops could be worked out. Wachter seconded the motion, all members voted in favor except Parranto who voted no.., D 79-7 PROJECT #252 - PUBLIC HEARING The Mayor then convened the public hearing regarding Wilderness Run Road street improvements consisting of Project #252. City Engineer Gordon explained the project and stated that there would be a pathway on the side of the road connecting the existing location of Wilderness Run Road with Lexington Avenue proposed. He indicated that about one-half of the estimated $95,000 will be assessed against benefitted property owners. There was also discussion concerning the proposed agreement with the County regarding Lexington Avenue. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the project and order it in and to direct the City Engineer to prepare the plans and specifications. PROJECT # 262 - BEACON HILL ADDITION The public hearing regarding Project #262 consisting of sewer, water, storm sewer and street improvements to proposed Beacon Hill Addition covering Project #262 was next convened by the Mayor. Mr. Gordon explained the project. A letter dated January 15, 1979 from Dunn & Curry Real Estate Management, Inc., requesting that the project be approved and further stating that Dunn & Curry will guarantee the cost of the installation of the improvements for the model home was read. It was further noted that Mr. Hardy was present from Dunn & Curry and that the developer will install the utilities in the model home area on its own or would consent to the City installing the improvements. There was discussion about the Council's decision not to approve projects until all ordinance requirements have been fulfilled. Parranto moved to close the hearing, to order in the project subject, however, to the filing of the final plat and the fulfilling of the necessary ordinance requirements including PUD Agreement and Development Agreement with the understanding that Dunn & Curry will guarantee the improvements. Smith seconded the motion; all members voted in favor. Page 4 0 0-.4 January 16, 1979 City Council Minutes ORGANIZATIONAL BUSINESS 1. Acting Mayor. Mayor Murphy nominated Councilmember Wachter. There were no other nominations and Councilmember Wachter was selected to be Acting Mayor for 1979. 2. City Depositories. A list of seventeen banks recom- mended for depositories for investment of City funds was reviewed by the Council. Egan moved and Smith seconded the motion, all members voted in favor, to approve the seventeen banks for depositories. D 79-8 3. Legal Newspaper. Smith moved and Wachter seconded the motion to approve the Dakota County Tribune as the legal newspaper for 1979 for the City. All members voted yes. 4. Health Officer. Smith moved and Wachter seconded the motion, all members voted yes, to continue Cedarvale Medical Clinic as the Health Officer for the City for 1979. 5. Official Posting Places. Parranto made the motion and Wachter seconded the motion, all members voting in favor, to designate the following as the official posting places for 1979: a. City Hall. b. Lone Oak Tree at Highway #49 and Lone Oak Road. c. Applebaum's Food Market in Cedarvale Shopping Center. 6. Council Meetings. Smith moved and Parranto seconded the motion to designate the 1st and 3rd Tuesday of each month at 6:30 p.m. as the official date and time of the regular City Council meetings for 1979. 7. Committee Appointments. Mayor Murphy appointed the following committees for 1979 all of which are similar to 1978: a. Personnel Committee - Wachter, Chairman; Egan,member. b. Finance Committee - Parranto, Chairman; Smith, member. c. Community Development and Public Relations Committee - Smith, Chairman; Murphy and Wachter, members. d. Public Works Committee - Wachter, Chairman; Wachter, member. 8. Fiscal Consultants. Smith moved and Parranto seconded the motion to retain Miller & Schroeder, Inc., as fiscal consultants for 1979. All members voted in favor except Murphy who voted no. 9. Advisory Planning Commission and Advisory Park Committee Appointments. No action was taken on the appoint- ments at the present meeting. Page 5 0 015 January 16, 1979 City Council Minutes LAKE PARK ADDITION PRELIMINARY PLAT Member Parranto excused himself from consideration or voting on the application because of a potential conflict in interest. Mr. Phil Carlson of Howard Dahlgren and Associates appeared on behalf of J.P.K. Park Company, Inc., the developers of Lake Park Addition formerly known as Rasmussen Addition on Cliff Road. The 16 acre parcel would exclude Lots 2 and 11 of Rasmussen Addition with a balance of 14 lots. The proposal would include 22 lots and there was discussion concerning park issues whereby Outlot A would be dedicated to the City. The Council- members recommended changing the name of Cedarcrest Lane to another name and also to study the tie-in for the proposed cul-de-sac at Thomas Lake Addition. It was noted that no recommendation was made by the APC concerning the application for preliminary plat approval. The report of John Voss, Plan- ning Consultant, was dated December 13, 1978,and was reviewed. Smith moved and Wachter seconded the motion to approve the application subject to the recommendations of the City Planner in his report of December 13, 1978, and the conditions in the report of the Director of Public Works dated December 14, 1978. All members voted in favor except Parranto who did not vote. D 79-9 D 79-10 D 79-11 CARRIAGE HILLS GOLF COURSE 3.2 BEER LICENSE The application of William Smith for 3.2 beer license for Carriage Hills Golf Course was next reviewed. In the report from Dale Runkle, dated January 12, 1979, it was noted that Public Facility District did not provide for 3.2 beer licenses. The recommendation was made to amend the Ordinance #52 to provide for conditional use permits for 3.2 licenses. Smith moved and Egan seconded the motion, all members voted in favor, to authorize an amendment to Ordinance #52.07, Subdivision 6, Public Facility District, to provide for conditional use permits for 3.2 on-sale beer licenses at golf courses with club houses only and that a temporary license with the maximum of four days be permitted upon application to the Council in other uses zoned Public Facility. CAMERON ADDITION A request from the developer of Cameron Addition for an extension of time of one year to file the final plat was next discussed. Parranto moved and Smith seconded the motion to extend the time for completion of the final plat for an additional six months beyond the expiration date; further, at Page 6 0 016 January 16, 1979 City Council Minutes that time, the Council will again review the matter. Smith then moved to amend the motion to make the extension subject to the completion of the PUD Agreement and Development Agree- ment. Parranto seconded the motion, all members voted in favor of the amendment except Egan who voted no. All members voted in favor of the original motion as amended except Egan who voted against. GAMBLING ORDINANCE #70 City Attorney Hauge and City Administrator Hedges reviewed a proposed draft of a bingo and gambling ordinance prepared in conjunction with legislation in 1977 covering bingo and in 1978 covering gambling. There were numerous questions con- cerning the draft and there was no action on the draft until the Council has had further time to study the ordinance and to review at a future meeting. In addition, a proposed fee schedule for raffles, bingo, and other gambling devices was reviewed by the Council. SUPERAMERICA FINAL PLAT A request of SuperAmerica for extension of time for a period of six months to file the final plat at Yankee Doodle Road and Pilot Knob Road was next considered. Wachter moved and Egan seconded the motion, all members voted yes, to approve the extension of time for six months subject to necessary ordinance requirements including execution of a Development Agreement. PARK CLIFF ADDITION A letter from Mr. Richard Winkler requesting extension of time until May 31, 1979, for submission of the final plat of Park Cliff First Addition was next discussed. It was understood that the First Addition will be revised. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the extension of time to February 7, 1979, to permit the applicant to submit changes in the First Addition. 1979 TRUNK STORM SEWER RATES A letter of November 30, 1978, from the City Consulting Engineer recommending trunk storm sewer area charges for 1979 was explained by City Engineer Gordon. The recommended rates for single family residential were $.03 per square foot; multiple family residential - $.0375 per square foot; commer- cial and industrial - $.0450 per square foot. Smith moved and Wachter seconded the motion, all members voted yes, to adopt and approve the proposed rates for 1979. Page 7 0 01- 7F January 16, 1979 City Council Minutes PEOPLE'S NATURAL GAS INCREASE A letter from Mr. Vern Mohlis of People's Natural Gas in Farmington notifying the City of an increase in domestic and commercial gas customer rates effective January 18, 1979, was presented. No action was taken. MN/DOT TECHNICAL SUPPORT AND SERVICE AGREEMENT City Administrator Hedges submitted an agreement with Mn/DOT referred to as a Mn/DOT Agency Engineering Technical Assistance Agreement allowing the State of Minnesota to accept federal funds for the City on projects initiated by the City. The staff recommended approval. Parranto moved and Egan seconded the motion to approve and order the agreement to be executed. All members voted yes. D 79-12 VENDING MACHINE INSPECTION Mr. Hedges reviewed with the Council the policy of the City in charging inspection fees for vending machines and a letter from City Attorney Hauge dated December 28, 1978 was discussed. It was noted that the Metropolitan area city clerks are going to be reviewing the vending machine inspection issue and no action was taken. 1979 SALARY SCHEDULE It was noted that salaries for general City employees were approved at the January 9, 1979 special meeting, that police association wage negotiations are continuing and that the public works maintenance persons contract through the Teamster's Union covers 1978 and 1979. D 79-6 ANIMAL WARDEN RESIGNATION A letter of resignation from Robin Clarey resigning as Animal Warden for Eagan effective February 4, 1979 was read. Smith moved and Egan seconded the motion, to accept the resignation and to authorize advertising for animal warden. All members voted yes. OFFICE CLERK AND RECEPTIONIST City Administrator Hedges stated that he recommended Brenda Waldera, the present receptionist at the City Hall, to be promoted to the position of office clerk as the assistant to the Utility Clerk and Assessment Clerk, and Janis Hart as the City receptionist. Parranto moved and Wachter seconded the motion, all members voted in favor, to hire the above named two persons effective January 22, 1979. Page 8 0 0 18 January 16, 1979 City Council Minutes IMPROVEMENT PROJECT #232A - CHANGE ORDER #1 The purpose of change order #1 would be for sanitary sewer and water to model homes in Beacon Hill Addition at a cost of $34,926. Dunn & Curry has indicated that it will proceed on its own or would request the City through Encon Utility Company to install the improvements as a change order to Project #232A. Smith moved to deny Change Order #1 to be accomplished by the City and that Dunn & Curry be advised that before any connections to public utilities be made that permission must be granted by the City. Parranto seconded the motion, all members voted in favor. CHANGE ORDER #2 - PROJECT #232A - J.I. CASE COMPANY Change Order #2 in the sum of $10,320 for sewer and water connections for J.I. Case Company property on Highway #55 was next considered. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the change order. WESCOTT ROAD CHANGE ORDER - PROJECT #225 City Public Works Director Colbert stated that because of some subsoil problems,that 2,000 cubic yards of granular borrow consisting of Part 2 and excavation consisting of Part 1 to the Change Order be recommended for approval. The total amount was $17,574. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the Change Order. CHANGE ORDER - PROJECT #232A Mr. Colbert then recommended the approval of C.O. #3 to Project #232A for $10,425 as requested by the developer of the Easy Mini Storage for access across Highway #13 for sewer and water services. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the change order. NU-WAY BUILDERS VS. E.H. WILLMUS AND CITY OF EAGAN The City Attorney discussed with the Council the proposal from the attorney for the plaintiffs in the Nu-Way Builders action consisting of Mallard Park First Addition to dispose of the claim against the City. Council members indicated that they were lead to believe by Mr. Willmus, the original developer, that all three Mallard Park Additions would be developed for single family purposes and that the current single family zoning would not be changed. After considerable discussion, Smith moved and Egan seconded the motion to authorize the City Attorney to enter a defense on behalf of the City in conjunction with the Midland Insurance Company defense for the damage claim; Page 9 January 16, 1979 0 0 .9 City Council Minutes that the Council would not approve a rezoning of the property from R-1 to R-2 because of the understanding that it would be developed for single family purposes and further to authorize interposing a cross claim against E.H. Willmus and Sons for any damages incurred by the City of Eagan. All members voted in favor except Murphy who voted no. LEASE FOR ORR HOUSE Mr. Hedges presented a proposed lease with Harry Draxton for a one-year period commencing January 14, 1979, at $300 per month rent for the Orr house behind the Police facility. Parranto moved and Wachter seconded the motion, all members voted yea, to approve the lease. D 79-13 KEHNE HOUSE LEASE Mr. Hedges stated that Mr. McGuffee is vacating the Kehne house in Patrick Eagan Park and recommended approval of a lease with a new tenant for $325 per month for one year effective February 1st subject to signing of a lease. Smith moved and Parranto seconded the motion to approve the lease subject to the recommendations of the City Administrator. All members voted yes. Parranto then moved and Wachter seconded the motion to authorize the purchase of a water softener for the Kehne home in the sum of $355. All members voted in favor. D 79-14 POLICE BUILDING CHANGE ORDER The change order in the sum of $648 for leveling the pre-stressed floor at the Police facility building was presented. Wachter moved and Smith seconded the motion, all members voted yes, to approve the change order with Henry O. Mikkelson Company. URBAN PLANNING AND DESIGN FEE SCHEDULE A proposed fee schedule from John Voss of Urban Planning and Design for 1979 was discussed. No action was taken and further inquiry was requested of the City Administrator regarding the schedule. WILLIAM ABEL DOG KENNEL AGREEMENT Councilmember Smith moved and Councilmember Parranto seconded the motion, all members voted in favor, to approve the agreement with Mr. and Mrs. William Abel for dog kennel purposes for the City as submitted by the City Administrator. D 79-15 Page 10 January 16, 1979 0 020 City Council Minutes HEINE POND - STORM SEWER PROJECT A letter from Mr. Charles Dayton,attorney for certain homeowners on Heine Pond regarding the storm sewer project in that area was reviewed. It was noted that permit appli- cations had been submitted by the Department of Natural Resources and that no construction was taking place at the present time covering the storm sewer under Thomas Lake Road. Further review of the status of the permit application to DNR was requested of the staff and a meeting will be held between the staff and residents of Heine Pond area within the next week. BUILDING CODE REVISIONS Councilmember Parranto recommended that the Public Works Committee review the possibility of changing the applicable City ordinance requirements to require completion of utility and streets before occupancy of any new homes in new subdivisions. The matter was referred to the Public Works Committee. VOUCHERS Smith moved and Wachter seconded the motion, all members voted in favor, to approve the following vouchers: 597-608; 7538 - 7626; 11319 - 11438. ADJOURNMENT Parranto moved and Egan seconded the motion, all members voted in favor, to adjourn at 11:45 p.m. PHH DATED: January 16, 1979 'City Clerk