Loading...
06/15/1982 - City Council Regular0( MINUTES OF A REGULAR MEETING OF THE RAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 15, 1982 A regular meeting of the Eagan City Council was held on Tuesday, June 15, 1982 at 6:15 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Smith Thomas and Wachter. Also present were City Admini- strator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as pre- sented. All voted in favor. 1. June 1, 1982 Regular M eeting. Thomas moved, Wachter seconded the motion to approve the Minutes. All voted yes. 2. June 8, 1982 Special Meeting. Wachter moved, Egan seconded the motion to approve the Minutes as presented. All voted yea. 3. May 18, 1982 Regular Meeting. Councilman Thomas indicated he had no changes to the Minutes of May 18, 1982 and therefore, they have been approved. PAR[ DEPARTMENT City Administrator Hedges indicated that the six park planning district meetings scheduled between May 24 and June 10 have now been concluded. Resi- dents were given an opportunity to make suggestions and the results from those area meetings will be available to the Council for later review. PUBLIC VORKS DEPARTMENT 1. Assistant City Engineer Position. Mr. Hedges stated that 85 re- quests for applications for the Assistant City Engineer position were re- ceived, including 53 written applications for the position. Personal inter- views were held by several of the Department heads and a recommendation has now been made that Mr. Richard M. Hefti be approved as the Assistant City Engineer under the 1982 budgeted salary. Mr. Hefti has broad knowledge in engineering functions and it is strongly recommended the Council approve the hiring of Mr. Hefti. Councilman Egan indicated he felt that it was important that the Councilmembers offer more input into the hiring of persons in such positions who will have considerable public exposure. Wachter moved, Egan seconded the motion to approve the hiring of Richard M. Hefti to the position of Assistant City Engineer with a 1982 annual salary of $26,000.00 to be effective July 6, 1982. 1 OC A48 Council Minutes June 15, 1982 2. Surrey Heights Traffic Signs. A request from a property owner in Surrey Heights Addition for four "Caution - Children Playing" signs to be installed along Surrey Heights Drive was received. The Public Works Director recommended that there not be an excessive number because they could be over- done and also not heeded by drivers in the area. Smith moved, Thomas seconded the motion to install two "Caution - Children Playing" signs of the four requested. All voted yes. Wachter moved, Egan seconded the motion to request the Police Department to periodically post a squad car on Surrey Heights Drive to attempt to control the speed of traffic. All voted in favor. 3. Special Assessment Com Recom No action will be taken on the recommendations of the special assessment committee meeting of June 14 until the next regular council meeting. CONSENT AGENDA The following Consent Agenda items were submitted and recommended for approval by the staff. 1. Temporary 3.2 License /Softball Tournament. It was recommended that the application of Loren Johnson for temporary 3.2 license for softball tour- nament on July 26 and 27, 1982 at Blue Cross Fields be approved. 2. Improvement Project #359 - Park Cliff. A petition has been received ordering the preparation of a feasibility report for Park Cliff storm sewer under Improvement Project #359 and it was recommended to receive the feasi- bility report and order the public hearing to be held on July 20, 1982 at 7:00 p.m. at City Hall. 3. Safari Estates, et al - Contract #80 -26. It was recommended the sixth and final payment request for Contract #80 -26 to B -TuMix Construction, Inc. in the amount of a negotiated deduct of $6,786.31 be approved and accept the street projects for perpetual maintenance. 4. Improvement Project #329B - Cedar Cliff 2nd Addition - Streets. The assessment roll for street improvements in Cedar Cliff 2nd Addition has now been prepared and it was recommended that an assessment hearing be scheduled for July 20, 1982 at 7:00 p.m. at City Hall. 5. Improvement Project #328B - Ches M ar East 4th Addition - Streets. The assessment roll for Improvement Project #328B regarding street improve- ments in Ches Mar East 4th Addition was recommended to be accepted and that the assessment hearing be scheduled for July 20, 1982 at 7:00 p.m. at Eagan City Hall. 6. Assessment Hearing - Project #307B - St. Francis Wood 2nd Addition. The assessment roll has now been completed for St. Francis Wood 2nd Addition street improvements under Project #307B and it was recommended that it be received and that the assessment hearing be scheduled at City Hall at 7:00 p.m. on July 20, 1982. 2 9(J49 Council Minutes June 15, 1982 7. Killdeer Addition - Street Improvements - Project #327B. It was recommended that the assessment roll prepared for Improvement Project #327B consisting of Killdeer Addition streets be accepted and that the hearing be scheduled for the City Hall at 7:00 p.m. on July 20, 1982. 8. Contract #81 -8 - Cedar Cliff 2nd Addition, et al, - streets. It was recommended that the sixth and final payment to McNamara Vivant Contracting for Contract #81 -8 consisting of Cedar Cliff 2nd Addition and other project streets in the amount of $16,355.05 be approved and ordered to be paid and that the City accept the streets for perpetual maintenance. 9. To 2nd Addition - Project #362. A petition has now been re- ceived from the developers of Tomark 2nd Addition requesting a feasibility report and plans and specifications for street and utilities. It was recom- mended that the petition for Improvement Project #362 be accepted and that the City Engineer be directed to prepare a feasibility report and detailed plans and specifications simultaneously as requestd by the developer for the pro- ject. 10. Eagan 4th of July Association. A request from the Eagan 4th of July Association for a contribution was received by the Council. It was recom- mended that a $500.00 contribution to the Eagan 4th of July Association be approved as has been done in previous years. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved as recommended. All voted in favor. WESCOTT ROAD - TRUNK SANITARY SEWER The City has received a Petition from several of the developers located adjacent to Lexington Avenue in the vicinity of Wescott Road requesting the City install a sanitary sewer lift station and trunk sanitary sewer lateral extensions from Deerwood Drive to the intersection of Wescott Road and Lex- ington Avenue. Mayor Blomquist expressed her concern that there have been very few plats submitted for approval in the area, although Mr. Colbert stated that 4 preliminary plats have been approved and the lots would use this particular trunk. There was discussion concerning the need to acquire an easement across unplatted property and also he suggested that there be a summary feasibility report initially. After discussion, Smith moved, Thomas seonded the motion to receive the petition and order the preparation of the feasibility report for Project 4361, Wescott Road Trunk Sanitary Sewer. All voted yes. F A 150 Council Minutes June 15, 1982 HILLTOP PLAZA - UTILITIES - PROJECT #363 A petition has been received from the developer of Hilltop Plaza Commer- cial District second phase for feasibility report for utilities. Egan moved, Thomas seconded the motion to accept the Petition for Project #363 and to authorize the preparation of the feasibility report and detailed plans and specifications as requested by the developer. All voted yes. COMSERV - STREETS & UTILITIES - PROJECT #356 PUBLIC HEARING Mayor Blomquist convened the public hearing regarding Improvement Project #356 concerning street and utility improvements to the Comsery 1st Addition. Mr. Colbert and Mr. Rosene explained the project and it was noted that an easement was required from Frank Hasselmann, the adjoining property owner which has not been received at the present time. There was discussion con- cerning the proposed assessments projected and a letter from Mr. Hasselmann was read concerning the amount of the assessments and indicated that he may request a deferment of assessments at the time of the assessment hearing. Mr. Faehn appeared for Comsery Corporation. There being no objections, Smith moved to close the hearing and to order in the project, subject to the acqui- sition of the easement from Mr. Hasselmann. Wachter seconded the motion. All voted in favor. 1981 FINANCIAL STATEMENT The 1981 Annual Financial Report has now been prepared under the direc- tion of the Director of Finance, Gene VanOverbeke, with the assistance of Wilkerson, Guthman & Johnson, the City auditing firm. The report was distri- buted to the Council prior to the June 1 meeting and significant changes have been made in the report compared with the 1980 year end. Mr. VanOverbeke was present and a letter from Roger Katzmeier of May 24, recommending changes in the accounting procedures in the City was discussed. Councilman Wachter questioned why the increase in the green acres assessments from 1980 and Mr. VanOverbeke will submit a report concerning that at a later time. There were no objections and no other comments and Wachter moved, Egan seconded the motion to accept and approve the 1981 Financial Statement. All voted yea. D 82 -12 EAGAN HO= BOOSTERS - COMBINATION GAMBLING LICENSE An application from the Eagan Hockey Boosters for combination gambling license and bond for the 4th of July celebration was submitted. The Council had discussesd the request at the last regular meeting and asked that formal action of the Booster Association be submitted requesting a waiver of the $10,000.00 fidelity bond. A letter has been received from the Treasurer of the organization indicating that the organization unanimously approves the request. Egan moved, Smith seconded the motion to approve the combination license and waiver of the $10,000.00 bond based upon the request of the organization, but that the $25.00 license application fee be required. All voted yes. 4 06151 Council Minutes June 15, 1982 KILLDEER ADDITION - WAIVER OF PLAT The application of Rev. Reuben and Joyce Meissner for waiver of plat to split Lot 1, Block 1, Killdeer Addition into two single family residential lots was submitted to the Planning Commission and recommended for approval at its May 25, 1982 meeting, subject to conditions. The Rev. and Mrs. Meissner were present and discussed the hardship involved indicating that there is a home located on the lot presently and that it is not possible to comply with the City requirements for 12,000 square foot area requirement. Councilmembers indicated that the Council had anticipated splitting the lot and noted the hardship involved. Egan moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. That no other variances shall be granted for any dwellings to be located on either of the two lots. 2. That the application be subject to review by the Minnesota Depart- ment of Transportation. 3. A variance would have to be granted for the new lot since it would consist of less than the required 12,000 square feet for a single family lot. 4. Drainage and utility easements shall be required along all lot lines. 5. The newly created lot shall pay the required park dedication fee. 6. All other applicable ordinances shall be followed. 7. The existing dwelling unit must convert its sewer and water services from its presesnt T.H. 55 frontage road connection to the newly installed services to the east within Joyce Court. The newly created lot would then be required to connect to the existing sewer and water services from the T. H. 55 laterals. R SZ -260. All voted yea. SEE PLAT FILE DAVID ODELL - LOT 2 KOCARTHY RIDGE ADDITION The application of Mr. & Mrs. David Odell for waiver of plat to split part of Lot 2, McCarthy Ridge Addition into two residential lots was then reviewed by the Council. Mr. Dan Beeson, attorney, appeared for the applicant and reviewed the proposal. He indicated the new lot will be 16,682 square feet and that the remaining lot will exceed the area frontage and setback requirements. No variances will be requested and all easements will be granted. In addition, there will be no further subdivision of the lots. He discussed the restrictive covenants and indicated that it was his opinion that the 30 years will expire by state statute June 26, and therefore they are no longer effective. The character of the neighborhood, he stated, would not be J Council Minutes June 15, 1982 � )15 affected partially because of the terrain involved. He further indicated the cost of platting is too burdensome and requested the waiver. Mr. Terry Votel, a neighboring property owner, together with numerous property owners were present and submitted a petition from all other owners in the subdivision objecting to the split. He stated that most lots are larger than the Odell lot, the latter of which is barely one acre, the lot is nearly in the center of the subdivision, that all other owners object, that it would become a precedent if the lot split took place and could create problems relating to adequacy of the utilities and traffic issues. He stated the purpose of the subdivision ordinance is to protect an attractive and stable neighborhood and this would not be accomplished by the lot split. He further stated that it was his opinion that the covenants filed on August 29, 1952 were continued in effect because of the 1982 Minnesota Legislative appeal to the 30 year expira- tion statute for private covenants. The Advisory Planning Commission on May 25, 1982, recommended denial of the application unanimously for reasons stated in its minutes. It was noted that it would have been more appropriate for the applicant to have submitted an application for preliminary plat approval. Wachter then moved, Egan seconded the motion to deny the application for the reasons stated by the Advisory Planning Commission, including those reasons stated above by the objecting and neighboring property owners, the fact that it would appear to change the character of the neighborhood, the precedent issue appears important and that there is no hardship that has been noted by the applicant. All voted in favor. FEDERAL LAND COMPANY - PYLON SIGN The application of Federal Land Co. for pylon sign located on Outlot B, Bicentennial 7th Addition or Lot 2, Block 2, Bicentennial 8th Addition was then considered. The Advisory Planning Commission recommended approval sub- ject to certain conditions. Mr. Tim Murnane appeared for the applicant and stated that the applicant will comply with all ordinances and other criteria of the city. There was a question as to compliance with Ordinance No. 16 regarding pylon signs for major shopping areas. It was noted that the propo- sal is for a pylon sign for one tenant in one building consisting of Edina Realty and the council members indicated it did not appear to comply with the Ordinance No. 16 provision, noting that there may be other requests for pylon signs in the area including the same side of the Bicentennial subdivision. Smith moved, Wachter seconded the motion to deny the application to allow one area identification sign per side, based upon the ordinance provision re- garding one area identification sign per side of a major complex, and noting further that the identification sign is only for single use rather than to identify the entire project. All voted yes. 2 00153 Council Minutes June 15, 1982 ST. PAUL PIONEER PRESS & DISPATCH - SPECIAL PERMIT Mr. Hedges indicated that during the summer of 1981, several newspaper vending machines appeared at different locations within the City and the City Council requested the machines that were placed by the St. Paul Pioneer Press & Dispatch be removed until a special permit was processed through the City Council. On August 12, 1981, a letter was sent to the St. Paul newspapers by the City Planner outlining the procedure. Toward the end of 1981, approxi- mately 25 vending machines were located by a distributor of the St. Paul Dispatch & Pioneer Press throughout the City. Numerous objections were re- ceived because of what appeared to be unsightly boxes, and unsafe and detri- mental locations within street rights -of -way. It was noted that no non- conforming use is in existence and that the newspaper representatives were aware of the fact that a special permit was required. Several representatives of the newspaper were present, including Jack DeLong, the Circulation Direc- tor. There was a lengthy discussion concerning the legal issues involved, including free speech under the First Amendment, the fact that there may be a precedent involved in allowing the boxes without a request for permit. The City Attorney indicated that although certain cases throughout the country had construed the free speech issue as allowing such boxes within road rights -of- way, it appeared that health, safety and welfare issues are also significant in relation to the placement of such boxes. Mr. DeLong stated that the Pioneer Press would work with the Council but indicated that the newspaper's approach is to place the boxes and then to determine whether the City had a requirement for any type of permit and to negotiate with the City concerning their locations. He further stated that a letter had been sent to the City asking for comments. Mr. Runkle stated that he was at a conference at the time the letter was received, and by the time he returned, the boxes had been placed. Councilman Smith suggested that an application be submitted to the City by the newspaper and noted that the newspaper had been warned concerning the location process. Councilman Egan indicated that the newspaper has taken it on itself to place the boxes and then would apply to the City only if requested by the City, for permission of location of the news boxes. A representative of the Minneapolis Tribune was also present and stated that the Star & Tribune had not submitted a request because of the special permit fee of $50.00 per box. Also, several Eagan residents were present and strongly objected to the location of the boxes, including their unsightliness and dangerous locations. After lengthy discussion, Egan moved that the staff and the newspapers work together to consider feasibile locations, taking into account the location of customers, health, welfare and safety issues, with the understanding that a special permit fee be required up to 25 boxes at $50.00 per unit. There was no second and the motion was withdrawn. Smith then moved and Egan seconded the motion to recommend to the St. Paul Pioneer Press that it submit an application for blanket special permit to the City and that the City staff attempt to review locations that appear to fulfill safety, health and welfare requirements and those that are not agreed upon between the appli- cant and the staff, would be considered by the City Council at its next meeting following submission of the application; further, that a maximum fee of $500.00 be charged to the Pioneer Press and that each application for 7 AU (3 1a4 Council Minutes June 15, 1982 future location will be required to submit the normal application and pay the standard special permit fee; further, that the staff notify the Pioneer Press as to locations that it feels are in unsafe locations and request that the boxes be removed; further, that the locations of the boxes and the special permit be reviewed on an annual basis. Mr. DeLong stated that the boxes are placed by an independent distributor and that the newspaper has no direct control over their locations. All voted in favor. ST. FRANCIS MOOD 3RD ADDITION - PRELIMINARY PLAT The application of Gary Quam and Robert Beard for preliminary plat of St. Francis Wood 3rd Addition consisting of approximately 5.6 acres for townhouse development was next submitted. Ralph Wagner of Probe Engineering was present and Mr. Beard and Mr. Quam also were present. The Advisory Planning Commis- sion on May 25 recommended approval subject to conditions. It was noted that the development proposal does exceed the lot coverage by 1% in that the proposal is for double car garage for each townhouse unit instead of single car. The Planning Commission recommended approval of the variance. Mayor Blomquist addressed the proposed study of setbacks and widths of private roadways within residential developments. It was noted that a 24 foot right of way was used as a deduct but that there were no setbacks from the building to the private drives determined. There were concerns by Councilmembers relating to the request for take over by the City at some time in the future. Smith moved, Thomas seconded the motion to approve the application with the understanding that the staff and the developers will attempt to provide for a 15 to 25 foot building setback from private streets and conditioned upon the following: 1. The variance to provide for 21% lot coverage shall be approved. 2. The preliminary plat shall be subject to all easements as required by City Staff. 3. A detailed grading, drainage and erosion control plan shall be approved by City staff. 4. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 5. The developer shall provide the City with a copy of the homeowner's association declarations, articles and by -laws for City review. 6. A development agreement shall be approved prior to approval of the final plat of St. Francis Wood 3rd Addition. Way. 7. A temporary turnaround shall be provided at the south end of Widgeon 0 Council Minutes June 15, 1982 8. In addition to the proposed internal trailway system, a bituminous trailway shall be provided from Widgeon Way to the southeast corner of this property in accordance with the recommendations of the Advisory Park and Recreation Commission. 9. Drainage and utility easements as required by City regulations and staff shall be dedicated with the final plat. 10. A ponding easement incorporating the 892.0 elevation shall be dedi- cated for the pond adjacent to the north and east property lines of this subdivision. 11. The internal private driveways shall have a minimum 24 foot wide with concrete curbing with a secondary outlet connection to Widgeon Way. 12. This development shall fulfill its financial responsibilities for trunk area sanitary sewer and trunk area storm sewer at the time of final plat if not incorporated into an approved City project. 13. The developer will comply with the park dedication requirements of the City. All voted in favor. SEE PLAT FILE CINNAMON RIDGE 4TH ADDITION - PRELIMINARY PLAT The application of Zachman Homes, Inc. for preliminary plat approval in Cinnamon Ridge 4th Addition located on part of Outlots A & B, Cinnamon Ridge Addition was then considered by the Council. The Planning Commission at its public hearing on May 25, 1982 made no recommendation because of a tie vote. Steve Ryan appeared and explained the proposal on behalf of the applicant. A number of neighboring property owners were present and objected to the pro- posed Metcalf Road connection. The project includes 72 units in 8 unit buildings which is a reduction in density from the density first proposed. It was noted that the Advisory Planning Commission made no final recommendation regarding the plat but indicated the reason for a split vote was not because of objections to the plat, but rather because of the Metcalf connection issue. Mary Teske and other neighboring owners were present and discussesd the ease- ments for pipelines along the north line of Cinnamon Ridge plats and expressed concerns about safety, due to the location of the pipelines. She recommended the Council not make a decision concerning the Metcalf connection until the pipeline location is resolved and determined. Mr. Ryan suggested that the issue could be resolved but the developer will not do the street construction at the present time until the location is determined. After considerable discussion, Smith moved, Egan seconded the motion to approve the preliminary plat and proceed with the Metcalf Road connection but that no construction on Metcalf Road be commenced at the connection location until the actual location of the pipeline is determined and after proper safety precautions are taken, subject to the following: v Council Minutes June 15, 1982 1. A detailed grading, drainage and erosion control plan shall be approved by the City staff prior to any construction on the proposed site. 2. A development agreement shall be prepared and approved by the City of Eagan prior to construction of this phase. 3. A detailed landscape plan shall be approved and a landscape bond shall be submitted and not released until one year after the landscaping has been completed. 4. The developer shall provide one garage space and one outside parking space per dwelling unit. 5. The preliminary plat shall be subject to the park dedication for this phase. 6. All applicable ordinances in the City shall be complied with. 7. A Slater's Road connection to Cliff Road shall be required as a part of this 4th Addition. 8. The internal private drive providing access to the individual carriage home structures shall be a minimum 24 feet wide with concrete curbing. 9. Further, that the platting of the Metcalf Drive connection to River Hills 9th Addition be included in the final plat. Richard Victor and others were present opposing the connection. Mr. Colbert explained the reasons why the staff recommended construction of the connection including safety, traffic flow, ease of access, police and fire protection and maintenance purposes. Other alternates were earlier reviewed by staff and council together with the developer and neighboring property owners and a decision had been made at an earlier time that the connection would take place. The neighboring owners recommended that the connection for Slater's Road to Cliff Road be installed and determine what traffic volumes will take place. Those in favor were Smith, Egan and Wachter; those against were Thomas and Blomquist. Mayor Blomquist stated that she felt the council should try the one -way street and also get additional information concerning the pipeline easements. SEE PLAT FILE FINAL PLAT EXTENSIONS Requests were submitted by the developers of nine preliminary plats which had previously been given approval by the Advisory Planning Commission and City Council but had not received final plat approval. The Ordinance states that preliminary plat extensions can be granted for up to a period of six months, however, due to present economic conditions, the Council has granted a 12 month extension in certain cases. Upon motion by Smith, seconded Wachter, it was resolved that the requests for extension of filing final plats for the 10 00157 Council Minutes June 15, 1982 following additions be approved for an additional 12 months: Dineen Addition, Galaxy Park, Hilltop Plaza, Pilot Knob Center, SuperAmerica, Winkler- Jackson Addition, Clearview Third Addition and Robins Addition; further, to approve the extension of the Walden Heights Addition plat, subject however, to payment in the amount of $8,500-00 to the City by July 1, 1982 for an unpaid feasi- bility report prepared by the City at the request of the developer; in the event that payment is not made in full, that an agreement be entered into whereby the developer will make payments with an interest rate of 12% to be added for any payment made beyond July 1, 1982. All voted in favor. SEE PLAT FILE SUPERAMERICA - CONDITIONAL USE PERMIT RENEWAL The application of SuperAmerica for renewal of the conditional use permit to allow sales of convenience items in a general business district at Pilot Knob and Yankee Doodle Road was then considered. Upon motion by Wachter, seconded Thomas, it was resolved that the application be approved subject to ordinance requirements. All voted in favor. CLIFF PLACE PROJECT - TAX EXEMPT FINANCING A request from the developer of Hillcrest Cliff Place Project for an extension of time for the issuance of $1,100,000.00 tax exempt financing for the Cliff Place Project was presented to the council. Upon motion by Egan, seconded Thomas, it was resolved that the request for one year extension for the IR financing be approved. All voted yes. SEE BOND FILE OSTER ADDITION The application for approval of final plat for Oster Addition was pre- sented to the Council. Mr. Colbert indicated that all ordinance and city requirements have been fulfilled and recommended approval. Wachter moved, Smith seconded the motion to approve the final plat subject to the normal city requirements. All voted in favor except Egan who voted no in order to be consistant with earlier votes. R 82 -27 SEE PLAT FILE DIFFLEY ROAD - SPE® REDUCTION The City Council at a special meeting on June 8 expressed support for a letter from Mayor Blomquist to the Independent School District #191 regarding unsafe conditions for children who will be required to cross Diffley Road in order to attend Rahn School in the Fall of 1982. The recommendation was to lower the speed limit from 40 m.p.h to 30 m.p.h. on Diffley Road and the procedure was discussed by the City Administrator and City Attorney. Smith moved, Egan seconded the motion to adopt the resolution and proceed with the reduction of the speed limit according to the state law from 40 m.p.h. to 30 m.p.h. from Nicols Road to Rahn Road on Diffley Road, and also, Lone Oak Road from Highway #13 to Pilot Knob Road; further, that the Resolution include reduction of speed limit on that portion of Diffley Road from Christ Lutheran Church to a point easterly of the intersection of Diffley Road and Blackhawk Road. All voted in favor. R 82 -28 11 0C 58 Council Minutes June 15, 1982 JOINT CABLE TV CON4ISSION UPDATE Councilman Smith reported on the two recent meetings of the Joint Cable TV Commission and also recommended that the Council authorized Eagan members of the commission to attend the Cable TV Seminar at City expense. Egan moved, Thomas seconded the motion to authorize the Eagan Cable TV members to attend the seminar at City expense from July 8 through July 10, 1982. All voted in f avor. . HEALTH INSURANCE AGREEMENT - HSI A letter had been received from Mutual Service Insurance Company re- sponding to the City Council's request to extend the health insurance contract until December 31, 1982 at the current rates. MSI indicated it could not project the rates in 1983 and therefore, the contract would only exist through 1982. Wachter moved, Egan seconded the motion to approve the award of the contract for health insurance according to the low bid of MSI through December 31, 1982. All voted yea. SEE AGREEMENT FILE IMPROVEMENT PROJECT #29T - BLACKHAWK LAKE OUTLET ASSESSMENT HEARING It was noted that the gravity storm sewer outlet from Blackhawk Lake to Cedar Industrial Park was installed under Contract #80 -21 and has now been essentially completed. It is proposed to schedule a public hearing concerning the assessments against 160 property owners on the basis of 1980 rates. The assessment roll was submitted and upon motion by Egan, seconded Wachter, it was resolved that the roll for Improvement Project #297 consisting of Black - hawk Lake trunk storm sewer outlet be accepted and that the assessment hearing be scheduled for July 20, 1982 at 7:00 p.m. at City Hall; further, to authorize the hiring of an appraiser for purposes of determining benefit as necessary where objections are filed on behalf of property owners. All voted in favor. CONTRACT #82 -6 - UNIVAC #T WELL At the June 1, 1982 council meeting the staff presented the Council with information pertaining to the need for experimental drilling for Well #7 to monitor resulting ground vibrations. The plans and specifications have been prepared and were submitted to the Council for approval. Wachter moved, Smith seconded the motion to approve the plans and specifications for Contract #82 -6 and authorize the advertisement of bids for an opening to be held at 10:30 a.m. on Wednesday, July lb, 1982 at City Hall. All voted yea. 12 00159 Council Minutes June 15, 1982 CONTRACT #82 -8 - SEAL COATING The plans and specifications for the 1982 Seal Coating were submitted and Mr. Colbert explained to the Council the proposed locations throughout the City for the seal coating. In addition, he indicated that a check in the amount of $48,913.90 had been received from the bonding company covering the defects in the 1980 seal coating project. Additional discussion will take place as to the location for seal coating at a special council meeting on June 21, 1982. Wachter moved, Egan seconded the motion to approve the plans and specifications for Contract #82 -8 and authorize the clerk to advertise for bids to be opened at 10:30 a.m. on Wednesday, July 14, 1982 at the Eagan City Hall. All voted yes. MnDOT CONTRACT 1982 -85 - I -359 The plans and specifications for the MnDOT Contract 1982 -85 covering 35E and Lone Oak Road grading was recommended for approval by the staff. Egan moved, Wachter seconded the motion to approve the plans and specifications for MnDOT S.P.1982 -85 (35E -390) for utility relocation grading along Lone Oak Road and authorized the Mayor and City Clerk to execute said resolution. All voted yes. R 82 -29 SEE AGREEMENT FILE CITY HALL EXPANSION REVIEW City Administrator Tom Hedges introduced Jack Boarman of Boarman Archi- tects to review with the Council progress currently made regarding the City Hall /Fire Station proposed construction. Mr. Boarman gave an extended synop- sis concerning meetings that have been held with the City staff on a weekly basis and also a schedule of the steps leading up to a referendum and proposed construction of the City Hall /Fire Station. The proposal included the referendum at the primary election in September and that a resolution be adopted in late July, by the Council setting a date for the referendum with the estimated cost to be prepared by that time. The project is proposed to include a 12,000 square foot addition plus a proposed fire station. No action was taken. CITIZENS C014IITTEE FOR CITY HALL EXPANSION Mr. Hedges indicated that 13 people have accepted a request to become members of a Citizens Committee to review the City Hall expansion program. Other names were suggested and contacts will be made with them by the City Administrative office. 13 OC GO Council Minutes June 15, 1982 LORE OAK HEIGHTS ADDITION City Attorney Paul Hauge stated that a request has been received from the owner, Martin Shields, concerning certain defects in title relating to the transfer of ownership of the Lone Oak Heights Addition property to Midwestern Associates. One defect included a Deed given to Eagan Township in 1895 for a Town Hall site at the southwest corner of Lone Oak Road and Pilot Knob Road. It was recommended that the Quit Claim Deed prepared by the City Attorney's office be approved, returning the property to the owner in that there was a clause in the original Deed that in the event the property is not used for Town Hall site, it would revert to the owner. Wachter moved, Thomas seconded the motion to approve the Quit Claim Deed and to authorize its execution. All voted yes. OLD RAHN ROAD STREET VACATION Mr. Colbert stated that a request has been received from Dakota County that the City Council vacate a portion of old Rahn Road that is not now being used betwen Silver Bell Road and new Rahn Road, with the understanding, how- ever, that the staff will acquire a description for the property. After discussion, Egan moved, Wachter seconded the motion to schedule a public hearing regarding the vacation of that portion of old Rahn Road to be scheduled for August 3, 1982 at 7:00 p.m. at the Eagan City Hall. All voted in favor. 4TH OF JULY ASSOCIATION - 3.2 BEER LICENSE A request from the Lions Club and the Eagan 4th of July Association for a temporary 3.2 beer license for the 4th of July weekend was considered by the Council. Thomas moved, Egan seconded the motion to approve the request. All voted in favor. FRANCIS FRANZ - WELL SITE Mr. Colbert explained that MnDOT is proposing to proceed to acquire a portion of 35E right -of -way across the Francis Franz property near Deerwood Drive. He further indicated that MnDOT had offered to permit the City to participate in the acquisition of the site for a well. Mr. Colbert recom- mended the Council authorize MnDOT to proceed with acquisition on a joint agreement basis with MnDOT. Smith moved, Wachter seconded the motion to accept the recommendation and authorize entry into an agreement whereby MnDOT will acquire the site for the future well site for the City. All voted in favor. 14 O 161 Council Minutes June 15, 1982 USGS MATER QUALITY MKITORING Mr. Colbert and Mr. Rosene both discussed with the Council a proposed cost participation agreement with the USGS during 1982 whereby $5,900.00 would be spent with one -half to be paid by the City for sampling certain lakes in the City. In fiscal year 1983, there would be a $12,000.00 proposed expendi- ture, with one -half to be paid by the City and in 1984 - $6,500.00 program with one -half to be paid by the City. It was noted that it is important for storm sewer planning that such water quality monitoring take place. Smith moved, Wachter seconded the motion to approve the entry into the cost partici- pation agreement as proposed, including however, the Burr Oak Pond within the water quality monitoring. All voted in favor. CHECKLIST Wachter moved, Thomas seconded the motion to approve the following checklist dated May 31 and June 15. 1282 All voted in favor. ADJOURNMENT Upon motion duly made and seconded, it was resolved that the meeting adjourn at 12:10 p.m. PHH � �_. \ � Secre y 15