04/18/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 18, 1978
A regular meeting of the Eagan City Council was held on April 18, 1978, at
6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Smith and
Wachter. Absent was Councilman Egan because of a death in his family. Also pre-
sent were: City Administrator Hedges, City Clerk Bolke, City Engineer Rosene and
City Attorney Hauge.
AGENDA. Smith moved and Wachter seconded a motion to approve the agenda with
the understanding that the review of Ordinance #16 will be stricken from the
agenda at the present meeting. All voted yes.
MINUTES. Wachter moved and Parranto seconded a motion to approve the minutes
of the April 4, 1978 meeting. All members voted yea.
SPRING CLEAN-UP WEEK. Mayor Murphy read a proclamation declaring April 24th
to April 29th as Spring Clean-up Week in the City of Eagan.
PETE POPPLER GOOD NEIGHBOR AWARD. City Administrator Hedges indicated that
Eagan patrolman Pete Poppler was given the Good Neighbor Award on WCCO radio on
April 18th. Smith moved and Parranto seconded a motion, with all members voting
yes, to commend Officer Poppler for his service to the community and on receiving
the Good Neighbor Award and that the City Administrator forward a letter from the
Council commending him in this respect.
KATY BECK PARK COMMITTEE RESIGNATION. A letter from Katy Beck stating that
she is resigning from the Eagan Park Committee was accepted and a letter was re-
quested to be sent to her expressing the Council's appreciation for her service
on the committee.
1978 G. 0. BOND ISSUE. Mr. Ernie Clark of Miller,& Schroeder appeared con-
cerning a $1,625,000 G.O. bond issue for 1978 for the. City. The Council reviewed
the seven projects intended to be covered under the financings Mr. Clark recom-
mended the Clerk be authorized to advertise for bids to be opened on the sale of
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the bonds for May 22, 1978 at 12 a.m. at the City Hall. In addition, he recom-
mended a special meeting of the Council to authorize approval of the sale at
5 p.m. on May 22nd at the City Hall. Upon motion by Wachter, seconded Smith, all
members voting yea, it was RESOLVED to authorize advertising for bids and that
the opening take place on May 22, 1978 at 12 a.m. and a special meeting of the
City Council be scheduled for 5 p.m. on May 22nd at the City Hall to consider
the award of the sale.
PROJECT #226 - R. L. JOHNSON SEWER IMPROVEMENTS. The Mayor convened at 7 p.m.
the public hearing concerning new sewer improvements to the R. L. Johnson 1st
Addition consisting of Project #226. There were no objections to the project.
The Engineer explained the proposal. Wachter moved and Parranto seconded a motion
to order in the project and authorize the preparation of plans and specifications.
All members voted yes.
PROJECT #227 - ST. FRANCIS WOOD. The Mayor next convened the hearing regard-
ing utilities improvements to St. Francis Wood consisting of Project #227. There
were no objections. The Engineer explained the project. Smith moved and Wachter
seconded a motion, with all members voting yes, to order in the project and to
authorize the preparation of plans and specifications by the City Engineer.
PUBLIC HEARING - PROTECT #228 - OAK CHASE 4TH ADDITION. After the convening
of the hearing regarding utility and street improvements to Oak Chase 4th Addi-
tion by the Mayor, Mr. Rosene explained the project. James Frisbee, the developer
was present and had no objections. It was noted there would be a pressure reduc-
ing valve on Oak Chase Road. Wachter moved and Smith seconded a motion to close
the hearing, to order the project in, and to authorize preparation of plans and
specifications. All members voted yes.
PROJECT #225 - WESCOTT ROAD IMPROVEMENTS. . Upon the convening of the hearing,
Project #225 consisting of Wescott Road improvements from Denmark Avenue to Pilot
Knob Road was reviewed by the City Engineer. A number of interested parties
appeared and there was discussion concerning a proposed sidewalk or a bike trail
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on each side of the street. Parranto moved ant Smith seconded a motion to close
the hearing and order in the project, to order the preparation of plans and speci-
fications, including Phases I and II, including the entire street improvements
with a bicycle path on one side and sidewalk on the other side of the Wescott
Road. All members voted yes.
BLACKHAWK ROAD ENGINEER'S REPORT. The City Engineer reviewed with the Council
a letter from MN/DOT suggesting MN/DOT construction on a joint project during
the 135E construction covering 1,000 feet North of Cliff Road on Blackhawk Road.
The Engineer estimated that the City would save some money by construction of the
project by the City. Wachter moved and Parranto seconded a motion, with all
members voting yes, that the Council be on record that the improvement on Black-
hawk Road 1,000 feet North of Cliff Road would be undertaken as the City project
anticipating savings by the City as indicated by the City Engineer.
PROJECT #223 - HIGHRIDGE TERRACE UTILITY IMPROVEMENTS. At the request of the
Council, the City Engineer submitted a preliminary report covering Project #223
covering proposed utility improvements on Highridge Terrace North of Highview
Avenue. Mr. Karner and Mr. Knight, the two adjacent property owners on the
street, were present. Mr. Karner indicated he would not object to installation
of 100 feet of street right-of-way with an estimated cost of $1,000 North of
Highview. Mr. Knight requested that if Mr. Karner's lot is subdivided in the
future, that the balance of the street be improved at that time. Smith moved to
accept the preliminary report, to order the project in covering the 100 foot
street improvement only; subject, however, to receipt of a written statement by
Mr. Karner waiving objections to the hearing and accepting the assessments for
the improvements. Wachter seconded the motion. Further, moved that upon receipt
of the waiver, that the Engineer be authorized to prepare the plans and specifica-
tions. All members voted in favor.
CLEARVIEW ADDITION - PROJECT #167. The Engineer submitted a revised prelimi-
nary report covering utility improvements for Clearview Addition, Project #167,
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and briefly reviewed the proposal with the Council. He indicated there are 31
single family lots on a 40 acre parcel. Wachter moved to accept the report and
schedule a public hearing for May 16, 1978 at 7 p.m. at the City Hall. Parranto
seconded the motion; all members were in favor.
OAK POND BILLS 2ND ADDITION PRELIMINARY PLAT. The preliminary plat for Oak
Pond Hills 2nd Addition, North of Cliff Road, was next reviewed by the Council.
Floyd Forsberg, the developer, was present. The Council reviewed the recommenda-
tions of the APC which recommended approval. There was discussion concerning
the Park Committee recommendation of a 100 foot trail access through the develop-
ment to the Dakota County park to the South. Parranto moved and Murphy seconded
a motion to approve the preliminary plat, subject however, to the recommendations
of the Advisory Planning Commission and subject, however, to satisfactory comple-
tion of park dedication requirements. Those in favor were: Murphy, Parranto and
Smith. Against: Wachter. There were objections from certain Council members
concerning the size and extent of the park dedication requirement particularly
adjacent to Cliff Road.
CAPP HOMES SUBDIVISION WAIVER. Councilman Parranto absented himself from any
consideration concerning the application of Capp Homes for waiver of subdivision
regulations to divide Lot 3, Block 8, Cedar Grove No. 3. Attorney Mike Perlstein
appeared on behalf of the applicant and indicated that all conditions recommended
by the Eagan Planner and the Planning Commission will be met by the developer.
Wachter moved and Smith seconded a motion to approve the application, subject
to Planner and APC recommendations. Those in favor were: Wachter, Smith and
Murphy. Not voting: Parranto.
CARRIAGE HILLS MANOR REZONING AND PRELIMINARY PLAT. Mr. Ralph Wagner,
engineer, and Leonard Juster, owner, appeared on behalf of the application of
Property Research and Development Company to rezone from R-4 to R-1, 15 acres
in Section 14 at the Southeast corner of Lexington Avenue and Yankee Doodle Road
and further, for preliminary plat approval of proposed Carriage Hills Manor con-
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sisting of 40 acres. It was noted that Single Family was intended on 15 acres
and the balance to remain R-4. The APC recommended approval, subject to certain
III conditions. Councilman Parranto stated that he was concerned about Single Family
zoning essentially in the center of developments that appear to be of consider-
ably higher density, including Industrial to the North, R-4 to the West, golf
course to the East with an unknown future development and possibly higher density
to the South. There was further concern thatproperty owners in the Single
Family would strongly object to future development of higher density surrounding
them. Mr. Juster stated that he would inform prospective buyers about the
zoning surrounding the R-1 area. There was considerable discussion by Mr. Wagner
and Mr. Juster with the Council members concerning the use of the R-4 zoned area
for Single Family development. Parranto moved and Smith seconded a motion to
deny the application to rezone the approximately 15 acres to R-1 Single Family
on grounds including the following:
III a) The rezoning would consist of spot zoning because of the surrounding
higher density zoning.
b) There did not appear to be proper or complete planning covering the
balance of the 40 acre parcel.
c) The proposed single family did not appear to fit in with what had origi-
nally been conceived of an over-all plan for higher denisyt throughout
the 40 acre parcel and the proposed development under Eagan's Comprehen-
sive Plan.
d) The developer had not demonstrated satisfactorily to the Council that the
proposed Single Family would not consist of pocket zoning in the midst
of more densely proposed development.
e) The Council was concerned that the entire 40 acres needs to be planned
jointly with the proposed Single Family development.
Those in favor were: Smith and Parranto. Those against: Wachter and Murphy.
The motion died. There was discussion concerning the PlannedDevelopment on the
entire parcel.
Preliminary Plat of Carriage Hills Manor. Mr. Juster stated that the devel-
opers would not ask for building permits until the zoning is approved. Wachter
moved to continue the consideration on the preliminary plat. There was no second
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and the motion died. Parranto then moved and Smith seconded a motion to recon-
sider the motion concerning the zoning from R-4 to R-19 all members voted in
favor. Wachter then moved and Smith seconded a motion, with all members voting
yea, to continue the consideration of the application to rezone from R-4 to R-1
and on the preliminary plat of Carriage Hills Manor until the May 2, 1978
Council meeting.
EAGAN CONSTRUCTION COMPANY - BOWLING ALLEY. Mr. Jean Parranto and Mr. Mike
Gresser appeared on behalf of the application of Eagan Construction Company for
conditional use permit for bowling alley on Lot 1, Block 2, Fox Ridge Addition
North of Yankee Doodle Road. The APC recommended approval subject to conditions.
A letter from Russ Headley of Univac indicating no objection on behalf of Univac
to the bowling alley plan was read. Representatives of Blue Cross had also
stated that there was no objection to the facility and would support a bowling
alley in that location. Mr. Parranto indicated that all trash will be stored
inside the building. John Klein appeared for Ken Applebaum and stated that Mr.
Applebaum had no objection to the bowling alley and approves of the APC recom-
mendation. Mr. Don Sandburg, a neighbor across the road, objected to the use in
the Neighborhood Business zoned area and also cited the traffic problems on
Yankee Doodle Road. Mr. Larry Franke representing Surrey Heights was concerned
about landscaping and the exterior of the building. Smith moved to approve the
application subject to the conditions of the Advisory Planning Commission with
the understanding that the ditch work to be done would be approved subject to
the City Engineer. Wachter seconded the motion. Those in favor were Smith,
Wachter and Murphy. Parranto did not vote on the motion.
FEDERAL LAND COMPANY CONDITIONAL USE PERMIT. The Council then considered
the application of Federal Land Company for conditional use permit for motor
repair facility and variance to allow split facility for service station in
Bicentennial Addition. No representative of the applicant was present, but re-
quested action by the Council. There was concern by Council members that the
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proposed bank adjoining the service station would create unnecessary traffic
problems. Smith moved to grant the conditional use permit; Parranto seconded
the motion, subject to the APC recommendations. All members voted yes. Smith
then moved and Wachter seconded a motion to grant the variance for the split
facility. Those in favor: all members. Smith moved and Wachter seconded a
motion to grant the variance for 5 yard setback along the South side of the
property with the understanding, however, that there be a 20 foot setback mini-
mum between the service bay building and a future building to the South. All
members voted in favor.
MR. AND MRS. JOHN CLAREY CONDITIONAL USE PERMIT. John and Robin Clarey
appeared on behalf of their application for conditional use permit for dog
kennel in Lot 4, Block 3, West Garden Lots; and further, for kennel permit under
Ordinance #5. The applicants indicated they will have four dogs, but the kennel
would be for private use only. There were no objections. Smith moved and
Parranto seconded a motion to approve the application for conditional use permit
and for kennel permit provided, however, the facility will not be used for com-
mercial dog boarding purposes. All members voted yes.
NAEGELE OUTDOOR ADVERTISING COMPANY. Mr. Dan Henjum appeared as a repre-
sentative of Naegele on behalf of its application for conditional use permit
for two pylon advertising signs.
Sign B - The APC recommended the application be denied and it was noted that
the location would be in Agriculturally zoned property. Mr. Henjum withdrew
the application on behalf of Naegele Outdoor Advertising. Wachter moved and
Parranto seconded a motion, with all members voting in favor, to approve the
withdrawal of the application.
Sign A - The APC recommended denial. Mr. Henjum noted there would be a
replacement of two existing billboards along Highway #13, one of which has been
removed and the other expected to be removed upon order of MN/DOT. He further
stated that the existing signs at Blackhawk Road and Highway #13 advertising
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Surrey Heights and Hillandale will be removed prior to the installation of the
Naegele sign. He indicated that in the event the property owner develops, that
upon 60 day notice of the developer or owner, Naegele will vacate its billboard.
After review of the APC recommendations, Wachter moved to deny the application
on the basis of the APC recommendations and conditions. There was no second,
and the motion died. Smith moved and Parranto seconded a motion to approve the
application for Sign A at Blackhawk Road and Highway #13 on the basis that it is
intended to be short term and the replacement for two existing signs and with
the condition that at such time as the immediate area develops, that the bill-
board will be removed. Those in favor were: Murphy, Smith and Parranto.
No: Wachter.
CHICAGO TUBE & IRON TRAILER PERMIT. Mr. Bob Lane, manager of Chicago Tube
& Iron, at 2940 Eagandale Blvd., appeared with an application for temporary
trailer permit for office purposes on Chicago Tube property. He indicated that
plans are to build a second floor office for the facility and the trailer would
be used until completion of the second floor. Smith moved and Wachter seconded
a motion, with all members voting yea, to approve the application for one year.
VERN COLON LIQUOR LICENSE. The application of Vernon Colon for on-sale
liquor license at 3434 Washington Drive, Bicentennial 3rd Addition, was next
reviewed. The Police Chief indicated there was no objection to the issuance.
It was noted that there was no conditional use permit applied for and also no
plans for the building. Wachter moved and Parranto seconded a motion to continue
the application. All members voted yes.
R. L. JOHNSON 1ST ADDITION FINAL PLAT. It was noted the Development Agree-
ment information had not been prepared and the application was continued until
the next meeting to complete the transfer of the easement and the Development
Agreement for the project.
SPECIAL MEETING - MAY q , 1978. City Administrator Hedges indicated that
there have been two requests for special meetings of the Council, including one
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on May 9th at 4 p.m. at the Minnesota Club in St. Paul at the request of West
Publishing Co. and a second meeting at 11:30 a.m. on May 23rd at the Decathlon
Club in Bloomington at the request of Dunn & Curry to discuss the Planned Devel-
opments of Dunn & Curry in the City of Eagan. The special meetings were sched-
uled by the Mayor and the Administrator was requested to distribute notices of
the meetings.
PILOT KNOB ROAD WALKWAY. Plans and specifications for the Pilot Knob Road
walkway on the West side of Pilot Knob between County Road #i30 and Wilderness
Run Road were submitted by the City Engineer. Wachter moved and Parranto
seconded a motion to approve the plans and specifications and that the Clerk be
authorized to advertise for bids to be opened on May 15, 1978 at 3 p.m. at the
City Hall. All were in favor.
SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER - PROJECT #214. The City
Engineer indicated that MN/DOT requested a resolution providing for MN/DOT's
participation in the Sibley Terminal Industrial Park storm sewer Project #214.
Parranto moved and Smith seconded a motion, with all members voting in favor,
to adopt such a resolution and order its execution.
REVISED PRELIMINARY REPORT - PROJECT #222, BLACKHAWK ROAD SANITARY SEWER.
The City Engineer reviewed with the Council a revised preliminary report cover-
ing Project #222 providing for sanitary sewer running Westerly on County Road
#30 from Blackhawk Road. He noted that Dunn & Curry had asked the City Council
to request Dakota County to approve a realignment of County Road #30 at the
earliest possible time. All members voted yes. Upon further motion by Smith,
seconded Parranto, all members voting yea, it was RESOLVED to accept the re-
vised preliminary report for Project #222 and authorize the Clerk to advertise
for a public hearing for May 16, 1978, at 7 p.m.
PROJECT #155 - EAGAN HILLS WEST 1ST ADDITION. The preliminary report cover-
II/ ing utilities and street improvements for Eagan Hills West 1st Addition, Project
#155 as revised, was submitted by the City Engineer. Wachter moved and Parranto
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seconded a motion to accept the preliminary report and to schedule a public hear-
ing on May 16, 1978, at 7 p.m. at the City Hall. All members voted yea.
PROJECT #231 - RUSTIC HILLS ADDITION. The next preliminary report submitted
by the City Engineer covered Project #231 consisting of utility and street im-
provements for Rustic Hills Addition. Wachter moved and Smith seconded a motion
to accept the preliminary report and to schedule a hearing for May 16, 1978, at
7 p.m. at the City Hall. Smith, Murphy and Wachter voted yes. Parranto voted no.
PROJECT #216B - MALLARD PARK ADDITIONS. The plans and specifications for
Project #216B consisting of street improvements in Mallard Park 1st Addition and
utility and street improvements in Mallard Park 2nd Addition and 3rd Addition was
next submitted by the City Engineer. It was noted the final plats for Mallard
Park 2nd and 3rd Additions had not been requested for approval by the developer,
and the issue was continued until a later meeting.
EAW - EAGAN HILLS WEST. The memorandum covering the EAW for Eagan Hills West
submitted by Dale Runkle dated April 17, 1978, recommending a negative declara-
tion and that no EIS be required, was next reviewed. Smith moved and Parranto
seconded a motion to accept the EAW recommendation of the Zoning Administrator.
All members voted yea.
PUBLIC WORKS DIRECTOR. The City Administrator discussed with the Council
members a proposed Personnel Committee report recommending the Council schedule
the advertising and the commencement of a search for a Public Works Director.
Wachter moved and Smith seconded a motion, with all members voting in favor,
to approve the recommendation and authorize commencement of the search advertis-
ing for the Director. Wachter moved and Parranto seconded a motion to include
grounds, maintenance and construction phases of the Park Department within the
Public Works Department. All members voted yes.
PROPOSED EQUIPMENT CERTIFICATES. The Council reviewed the proposed issuance
of equipment certificates for the purchase of needed equipment for the City. One
of the items discussed was the acquisition of a street sweeper. Wachter moved
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and Parranto seconded a motion to continue the discussion of the issue until the
next regular meeting.
PROJECT #224A. The bids covering Project #224A were reviewed by the Council.
The City Engineer recommended the award of the contract to the low bidder,
Frederickson Excavating Co., in the sum of $178,194. Wachter moved and Parranto
seconded a motion to approve the award of the low bid to Frederickson Excavating
Co. All members voted yes.
WATER MAIN REPORT ON CLIFF ROAD. The City Engineer discussed with the Council
the proposal for the preparation of a revised report for the extension of water
main between Johnny Cake Ridge Road to the booster station East of Cliff Road.
Smith moved and Parranto seconded a motion, all members voting yes, to authorize
the Engineer to prepare a revised report on the project.
PROJECT #193, CHANGE ORDER NO. 1. Upon recommendation of City Engineer
Rosene, Parranto moved and Smith seconded a motion, with all members voting yes,
to approve Change Order No. 1 to Project #193 consisting of a deduct of $5,076
to the water booster station.
EAGANDALE CLUB SUNDAY LIQUOR LICENSE. A request from Eagandale Club for
Sunday liquor license was discussed by City Clerk Bolke. The City Attorney was
asked to review the Sunday liquor issue in more detail and the matter was con-
tinued until the next meeting.
POLICE FACILITY COSTS. Smith moved and Parranto seconded a motion to desig-
nate Eagan revenue sharing funds to be used to cover the cost of the additional
brick for the second floor of the new police facility. All voted favorably.
HOLLIS ORR LEASE TERMINATION. A letter from Mr. and Mrs. Hollis Orr notify-
ing the City that they intend to vacate the buildings being rented by them near
the police facility on Pilot Knob Road as of June 30, 1978, was announced. Smith
moved and Wachter seconded a motion, with all members voting in favor, to accept
the notice for termination of lease.
STREET LIGHT INSTALLATION. The Council discussed proposed street lights at
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intersections within the City and requested that the staff submit a priority list-
for street lights at intersections. Smith moved and Parranto seconded a motion
to accept the recommendation of the Police Chief that two street lights be in-
stalled at Cliff Road and Johnny Cake Ridge Road and one street light at Pilot
Knob Road and Cliff Road, and notify the County of the proposed installation.
All members voted yes.
PALMER NURSERY BUILDING. Councilman Smith recommended that the City commence
proceedings to remove the buildings at the Palmer Nursery on Cedar Avenue because
of their unsightliness. Smith moved and Parranto seconded a motion to authorize
the staff to commence the procedure for removal of the building. Those in favor
were: Smith, Parranto and Wachter. Against: Murphy.
JOINT MEETING WITH PARK COMMITTEE. Council members discussed the possibility
of a proposed joint meeting with the Park Committee to discuss park dedication
concepts. The Administrator was requested to coordinate such a meeting.
VOUCHERS. Upon motion by Parranto, seconded Wachter, all members voting yes,
it was RESOLVED that the following vouchers be authorized to be paid:
419 - 423; 6069 - 6146; and 9114 - 9257.
ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at
approximately 1:10 p.m.
PHH
DATED: April 18, 1978.
/City Clerk
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