09/19/1978 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 19, 1978
A regular meeting of the Eagan City Council was held on September 19, 1978
at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Smith,
Wachter and Egan. Also present were : City Engineer Rosene, City Administrator
Hedges, and City Attorney Hauge.
AGENDA. Upon motion by Parranto, seconded by Wachter, all members voted in
favor. It was Resolved that the agenda be approved as distributed with the
exception that Mr. Jan Susee, attorney for Amy's Hamburger, requested a
continuance and also the addition of Bruce Medvec of Valley View Insurance.
MINUTES. Smith moved and Egan seconded the motion, all members voted yes
to approve the minutes of the September 5, 1978, with the exception on Page 2
that the Deerwood Drive speed limit be reduced to 30 mph.
VALLEY VIEW INSURANCE AGENCY. Mr. Bruce Medvec of Valley View Insurance
Agency appeared and presented a check from Home Insurance Company in the amount
of $9,163 as the dividend returned to the City on its workers compensation policy
for the period of July 1, 1976, to July 1, 1977.
POLICE DEPARTMENT. Police Chief Martin DesLauriers appeared and stated that
a squad car had been damaged in the sum of about $2,000 and suggested that he
be permitted to ask for bidsfor the sale of the automobile. Smith moved and
Parranto seconded the motion, all members voted yes to approve the recommendation.
FIRE DEPARTMENT. Fire Chief Robert Childers was present. Mr. Al Bergquist
of the Minneapolis Area Red Cross made a presentation to Kenneth Southern of the
Eagan Fire Department of a Red Cross Certificate of Merit, the highest award of
the Red Cross for safety purposes, relating to a September 12, 1977, accident
involving Bruce Nortan on Highway #13.
PARK COMMITTEE. Park Director Barbara Schmidt was present. She presented
a proposed rate increase schedule for park dedication fees for developers in the
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September 19, 1978
City of Eagan recommended to be effective on October 1, 1978. It would in effect
double the amount of dedication fee requirements and was based upon current average
market value of land in the City. After review, upon motion by Smith and seconded
by Wachter, all members voting yea, it was Resolved that the recommendations of
the Park Committee be and they hereby are approved effective October 1, 1978,
y~that the park dedication fees be based
with yt.{h,,ear understanding that
yy~iyn 1.th~~e+M yfuture
upc t ht tbeu i tl*e of ap o a' t eaeb Fin* *t.
NORTHERN NATURAL GAS. Roger Lee of People's Gas and Mr. Henry Gruse of
Northern Natural Gas Minneapolis Division appeared at the request of the Council
and explained the natural gas fire at Carnelian and Cedar Avenues during the
summer of 1978. He indicated that it resulted as a part of the relocation of
the facilities at Cedar Avenue and Highway #13 and reviewed the cause of the
explosion.
REAL ESTATE TAX ABATEMENTS. Mr. John O'Toole of the Dakota County Assessor's
office appeared and recommended tax abatements for a State of Minnesota Highway
Department parcel and Eugene F. Slater estate property according to the schedule
of abatements attached and dated September 19th. Upon motion by Wachter and
seconded by Egan, it was Resolved to approve the recommendations for abatements.
All members voted in favor except Parranto who abstained.
JOHN REMICH VARIANCE. The application of John and Mary Remich for variance
from public.street provisions for single family dwelling south of Highview Avenue
on an unplatted parcel was next reviewed. The APC recommended denial. There
was no appearance made by Mr. Remich. Wachter then moved and Egan seconded the
motion to deny the application on the basis of the APC recommendations and that
the variance would create m unfavorable precedent. All members voted yes.
COUNTY ROAD #26 AND COUNTY ROAD #30 SPEED LIMIT STUDIES. At the request of
the City Council, Mr. Bruce Hall of the Minnesota Department of Transportation
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September 19, 1978
appeared with a report signed by Mr. Glen Van Warmer, the former MN/Dot District
9 Traffic Director. It covered a speed limit study on County Road #30 between
Cedar Avenue and Rahn Road and County Road #26 between Trunk Highway #13 and
County Road #31. Mr. Hall indicated that he was unable to answer detailed
questions regarding the study and had not prepared the study personally.
Recommendations included wider shoulders, additional signing, etc., but it did
not recommend a reduction of the speed limit below 40 mph. A number of affected
residents along Lone Oak Road were present and had questions and objected to the
study and the recommendations against reducing the speed to 30 mph. The City
Council discussed speed zone limits near the school, restructuring of the roadway,
signing, etc. After considerable discussion and questions, Wachter moved that
the Dakota County Board be requested to appeal the recommendation to the Commis-
sioner of the Minnesota Department of Transportation. Egan seconded the motion,
all members voted in favor. Parranto then moved to have the City Engineer
determine whether a revision of speed limits can be made on County Road 30 because
of current design. Smith seconded the motion, all members voted yes.
OAKWOOD GATES PRELIMINARY PLAT. The Council then considered the application
of Wilson Robinson of North River Industries, Inc., for preliminary plat approval
of Oakwood Gates in part of the W1/2 of the SE1/4 of Section 24, on County Road
#30 and Dodd Road and for variance approval. No one was present representing the
applicant and the City Attorney stated that Howard Stacker, the fee owner, had
not consented to the application for preliminary plat and variance. Smith moved
and Parranto seconded the motion to deny the applications on the basis of lack
of appearance, lack of the utilities being available at the present time and
poor planning of the land with 5 acre parcels. Those in favor were: Smith and
Parranto. Those against: Egan and Wachter; Murphy abstained. Parranto then
moved to deny the application on the basis that the developer and owner cannot
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September 19, 1978
agree on the application and also an incomplete application. Smith seconded the
motion, those in favor were: Parranto and Smith. Those against were: Wachter
and Egan. Mayor Murphy abstained and the motion again died. Egan moved to
continue the application to October 3, 1978, and to instruct the City Administrator
to request the applicant to be present at that time. Wachter seconded the motion,
those in favor were: Egan, Wachter, Smith. and Murphy. Parranto voted no.
LYNN THIELE REZONING APPLICATION. Mr. Kenneth Ketchum appeared on behalf of
the application of Lynn Thiele to rezone from Agricultural to R-1, single
residential and waiver from platting regulations for residential permit on unpiat-
ted 1 acre parcel on Lemay Lake. The fee owner of the property, Martin Shields,
was also present. Mr. Ketchum requested that the 30 foot requirement for the
street and park dedication fee be waived. After considerable discussion, Smith
moved and Egan seconded the motion to continue the application to permit the
petitioner and staff to consult and make a recommendation concerning the 30 feet.
All members voted in favor.
MCCARTHY ROAD STORM SEWER ISSUES. Mr. Winkle and Mr. Carlson, owners in the
neighborhood of McCarthy Road appeared relative to certain storm sewer drainage
problems in the area. Mr. Carlson objected to the installation of another swale
indicating that it would be insufficient to handle the additional water. After
considerable discussion, Wachter moved and Egan seconded the motion, all members
voted yea to accept the recommendations of the City Engineer dated September 14,
1978, including the following:
1. That a catch basin be added beside the one at the low point on McCarthy
Road, and to raise the curb box on the catch basin west of this to provide for
more curb opening which is less subject to plugging by debris and to also pay
for this work from the storm sewer trunk fund.
2. That an attempt be made to resolve the payment for erosion repair in the
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September 19, 1978
Finnegan and Winkel yards with the property owners and builder without any court
action.
3. That the catch basin locations and elevations be reviewed to see if
anything should be or could be done to improve the intake capability of each.
4. That an observation of the area be made for the next few years to see if
any major problems reoccur. If sufficient problems are encountered, a storm
sewer relief line may have to be constructed at a major cost which would logically
be assessed over the entire drainage area.
E.L. MURPHY TEMPORARY TRAILER PERMIT. the application of E. L. Murphy
Company for temporary trailer permit during office building addition construction
was next considered. Smith moved and Parranto seconded the motion, all members
voted yea to approve the application.
THOMAS LAKE ROAD PROJECT #237. City Attorney Paul Hauge reviewedtwith the
Council the progress of the negotiations relating to acquisition of easements of
the proposed Thomas Lake Road between County Road 30 and Cliff Road. Mr. Grant
Merritt, the attorney for Mr. and Mrs. James Barker, was present as was Byron
Watschke of Fortune Realty. It was noted that all of the easements have been
acquired or committed with the exception of the Barkers, the Sherers, and the
Richard Smiths. There was discussion concerning the possibility of moving the
right of way westerly 30 feet so that the 80 foot right of way would be on the
Fortune Realty Company commercial property and off of the single family agricul-
turally zoned parcels. Mr. Watschke agreed with the proposal with certain
conditions including reduction in density requirements, that the proposed site
no. 1 for the water reservoir in Safari Estates be abandoned and the Seig site
be selected for the water reservoir and that they be assessed for only one side of
the road. Mr. Merritt presented the case for the Barkers indicating that they
objected to the right of way on the 30 foot parcel owned by the Barkers for
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September 19, 1978
environmental and economic reasons and also objected to any potential road assess-
ments for Thomas Lake Road and there was also discussion concerning the impact of
the Blackhawk Park EIS cn Thomas Lake Road. In addition, the Council considered
the bids acquired on August 31, 1978, with the low bidder being McNamara-Vivant
Construction Company in the sum of $313,120, the City Engineer recommended
approval of the low bid. Smith moved and Egan seconded the motion to award the
contract for the Thomas Lake Road Project #237 to McNamara-Vivant Construction
Company for reasons including the lateness of the fall season, the potentially
greater cost in rebidding the contract in late 1978 or 1979, the commitment to
School District #196 for construction access to the elementary school, the urgent
need to install water main to the school which would utilize the road right of
way grading for Thomas Lake Road, the fact that the City has committed itself to
the location of Thomas Lake Road since 1965, the impending development in the
area including the impact of the zoo south of the site, the potentially excessive
cost of an additional $65,000 for the alternate Seig reservoir site, that the
sanitary sewer trunk is located in the proposed road right of way and the preceden'
setting impact of revising the right of way at the request of one owner. Those
in favor were: all members. Parranto then moved and Egan seconded the motion,
all members voting in favor, to authorize the staff and consultants to proceed
with the acquisition of necessary road right of way for Thomas Lake Road
including condemnation if necessary.
WESCOTT ROAD IMPROVEMENT PROJECT #225. The City Administrator then submitted
the bids for the Wescott Road Street improvements which had been received on
September 1, 1978. The apparent low bidder was McNamara-Vivant Construction
Company in the sum of $257,250.25. The City Engineer recommended approval. It
been
was noted that several easements have not/acquired that are necessary for
Wescott Road improvements. Further it was noted that approximately .28 acres
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September 19, 1978
will be required from Mr. Hollis Orr, North of the proposed right of way. No
action was taken and the City Engineer was requested to attempt to extend the
award beyond the 30 day period. The easements descriptions had just been acquired
from the surveyor on September 19th.
THOMAS LAKE ROAD AND WESCOTT ROAD UTILITY IMPROVEMENT PROJECT #239A. The
City Administrator reviewed the bids with the Council for Wescott Road and
Thomas Lake Road utility improvements and the apparent low bidder was Parrott
Construction Company in the sum of $513,386.30. Parranto moved and Smith seconded
the motion, it was Resolved that the low bid be and hereby is approved and
awarded. All members voted in favor.
MALLARD PARK SECOND AND THIRD ADDITION UTILITY IMPROVEMENT PROJECT #216.
The contract with Frederickson Execavating Company for utility improvements for
Mallard Park Second and Third Addition was submitted for approval. Smith moved
and Wachter seconded the motion, all members voted yes to approve the contract
and authorize its execution subject to bond and insurance requirements.
COUNTY ROAD #31 - PILOT KNOB ROAD FUNDING AND REVIEW OF FEASIBILITY STUDY.
Councilmember Wachter submitted a proposed resolution requesting the Dakota
County Board to provide funding for improvements to Pilot Knob Road in the 1979
County Road Budget. After considerable discussion, Wachter moved and Murphy
seconded the motion to approve the resolution, a copy of which resolution is
attached to these minutes. All members voted in favor. A number of affected
residents were present and had suggestions and asked questions concerning the
funding. Parranto then moved to direct the City Engineer to revise his earlier
feasibility report concerning an alternate storm sewer trunk plan within the
road right of way as much as possible during the construction of the County Road
#31 improvements. Wachter seconded the motion, all members voted in favor.
FEDERAL REVENTIE SHARING. City Administrator Hedges presented the Statement
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September 19, 1978
of Assurance for Federal Revenue Sharing stating that the City will comply with
certain regulations under the Federal Revenue Sharing guidelines. Parranto moved
and Wachter seconded the motion, all members voted yes to approve the Statement.
NOVEMBER 7TH REGULAR COUNCIL MEETING. It was noted that November 7th is the
date of the general election and Smith moved, Egan seconded the motion, all
members voted yes to change the regular meeting from November 7, 1978, to November
2, 1978, at 6:30 p.m. at the City Hall.
1977 CITY AUDIT. The City Administrator briefly reviewed the 1977 audit
report prepared by Wilkinson, Guthmann & Johnson. Wachter moved and Egan seconded
the motion to accept and adopt the report as presented. All members voted in
favor.
CARLSON LAKE TEMPORARY PUMP. City Engineer Rosene recommended that a
temporary pump be installed to lower the level of Carlson Lake and that the sand-
bag dike remain on the lake side of the Dave Peterson house. Wachter moved and
Parranto seconded the motion, all members voted yes to approve the recommendation
of the City Engineer.
POLICE FACILITY BUILDING. City Administrator Hedges reviewed the delay in
occupancy and the completion of the Police Facility building and stated that
Henry Mikelson has indicated that occupancy is scheduled for October 15th. Because
of the numerous delays and lack of adequate reasons, Parranto moved and Egan
seconded the motion, all members voted yes to withhold the current payment to
Henry Mikelson Company until the City Administrator is able to negotiate an
acceptable completion date.
CASE COMPANY UTILITY STUDY. Mr. D. E. Wolfgram of Case Credit Corporation
submitted a request for feasibility study for sewer and water to the Case
location on Highway #55. Smith moved and Wachter seconded the motion, all members
voted yes to instruct the Engineer to prepare a feasibility study.
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September 19, 1978
PARK IMPROVEMENT CONTRACT OF 1977. Change order #2 was submitted by City
Clerk Bolke with Richard Knutson Company covering the 1977 Park Improvement project
in the sum of $525. Smith moved and Parranto seconded the motion, all members
voted yea to approve the change order.
YANKEE SQUARE SHOPPING CEh1TER PYLON SIGNS. City Administrator Hedges stated
that the developers of the Yankee Square Shopping Center have indicated that the
pylon signs for the Standard Station and Mid-America Bank cannot be on one pylon
sign because of Standard Oil regulations. It was proposed that the existing
Yankee Square Shopping Center sign be moved Westerly to comply with the 300 foot
spacing requirement. Smith moved and Parranto seconded tbe motion, all members
voted yes to acknowledge the moving of the sign to p+rovido for a 300 foot spacing
from the amoco sign with the understanding that Mid-America Bank will not require
a pylon sign.
THOMAS LAKE SCHOOL PERMIT ?US. Mr. Hedges reviewed the permit fees for
Thomas Lake School, District #196, and indicated that the mandatory fees would
be $16,400 with Eagan's permit fees of $11,352. Smith moved and Parranto seconded
the motion, all members voted yes to charge the mandatory fees and that the
sewer availibility and read charge be required by the City plus one-half of the
normal mandatory building permit fees.
FEDERAL DISASTER ASSISTANCE.rM'N!)S. The City Council acknowledges a check in
the sum of $2,357 was received from Dakota County for Federal Disaster Assistance
Administration funds for civil defense purposes.
RICHFIELD ARBITRATION CASE. The City Administrator reviewed a request for
contribution from the City of Eagan for funds toward the cost of an appeal of an
arbitration case by the City of Richfield which appeal is being made to municipali-
ties throughout the Twin Cities area. The City Administrator was requested to
acquire more information for submission of the Council.
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September 19, 1978
MALLARD PARK FIRST THROUGH THIRD ADDITIONS DEVELOPMENT AGREEMENTS AND FINAL
PLATS. The development agreements for Mallard Park Additions 1 through 3 were
submitted with the letters of credit attached. After discussion, Egan moved and
Murphy seconded the motion to approve the authorization of the execution of the
development agreements and approve the final plats for Mallard Park Additions 2
and 3. Those in favor were; Egan and Murphy. Abstentions: Parranto, Wachter
and Smith. The motion was adopted.
CITY COPY MACHINE. The City Administrator reviewed proposals from several
companies for the sale of a copy machine for use in the City Hall. He recommended
the Cannon Copier. Smith moved and Wachter seconded the motion, all members voted
in favor, it was Resolved that the City Administrator be authorized to purchase
the Cannon Copy Machine as described it his proposal.
TERRY PASK SECRETARY. City Administrator Hedges recommended Terry Paskeybe
hired under the Work Experience Program and CETA program as the secretary in the
Engineering Department. Smith moved and Wachter seconde4 the, motion, all members
voted yes to hire Terry Paskeyin that position.
PROJECT #232A UTILITY IMPROVEMENT PLANS. City Engineer Rosene submitted
plans and specifications for Project #232A consisting of utility improvements in
several areas. Parranto moved and Wachter seconded the motion, all members voted
yes to approve the plans and specifications and to authorize the clerk to
advertise for bids to be opened on October 23, 1978, at 3 p.m. at the City Hall.
PROJECT #240A STREET IMPROVEMENTS. Plans and specifications for Project
#240A consisting of street improvements were submitted by the City Engineer.
Wachter moved and Egan seconded the motion, all members voted yes to approve tlxe
plans and specifications and to authorize the clerk to advertise for bids in tole
legal newspaper to be received and opened on October 23, 1978, at 3 p.m. at City
Hall.
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September 19, 1978
JARVI AND OCELL STORM DRAINAGE. The recommendations of the City Engineer
concerning storm drainage problems on the Jarvi and Ocell property on Ches Mar
Drive, Ches Mar First Addition were reviewed. He recommended removing sand from
the lake at a cost of about $1000 to place black dirt and regrade the area in the
sum of $400 and remove the culvert for $100 with funds to be acquired from the
storm sewer trunk fund. Parranto moved and Egan seconded the motion, all members
voted in favor to approve the recommendations.
RESERVOIR ROAD IMPROVEMENTS. The City Engineer recommended that the sum of
$1450 be authorized for the wearing course for the reservoir road North of Cliff
Road to be contracted with Minnesota Valley Surfacing Company. Egan moved and
Smith seconded the motion, all members voted yes to approve the recommendation.
CEDAR AVENUE UTILITY CROSSINGS. Mr. Rosene stated that MN/not has requested
that the City install additional casing around certain utility crossings on the
Cedar Avenue right of way in order to stand the pressure of additional road
fill. Mr. Rosene recommended that Twin City Testing Company be authorized to test
the soil to determine whether additional casing is necessary, which tests would not
exceed $2,000. Smith moved and Wachter seconded the motion, all members voted
yes to approve the recommendation.
EAGAN HISTORY COMMITTEE. Ken Damlo, Administrative Assistant, appeared and
reviewed briefly with the Council the progress of the Eagan History Committee
chaired by former Mayor Herbert Polsin. He stated that a final draft is now
being prepared and will be completed within a shorttime.
VOUCHERS. Egan moved and Parranto seconded the motion, all members voted
yes to approve the following vouchers: 10287 - 10502: 496 - 514; 6940 - 7013.
ADJOURNMENT. Upon motion made and duly seconded, the meeting adjourned at
approximately 12:15 p.m. PHH
Dated! September 19, 1978
/Ciell
ty Clerk