11/21/1978 - City Council Regularh.
' MINUTES OF A REGULAR MEET=ING OF HE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
OTA
III NOVEMBER 21, 1978
A regular meeting of the Eagan City Council was held on Tuesday, November 21,
1978, at 6:30 p.m. Those present were: Mayor Murphy; Councilmembers Smith, Egan,
Parranto and Wachter. Also present were: City Administrator Hedge , City Eng±neer
Rosene and City Attorney Hauge.
AGENDA. Wachter moved and Egan seconded the motion, all members voted yes,
to approve the agenda with the understanding that the resolution regarding diseased
trees was stricken.
MINUTES. Upon motion by Smith and seconded by Parranto, all members voting
yes, it was RESOLVED that the minutes of the November 2, 1978, meeting be approved
as distributed. Parranto moved and Wachter seconded the motion, all members voted
in favor to approve the minutes of the October 30, 1978, special Council meeting.
III FIRE DEPARTMENT. Chief Bob Childers was present, together with other repre-
sentatives of the Volunteer Fire Department.
1. Mr. Childers reco*raended to the Council approval of the appointment of
Bob K.ohdu1: . as District Chief for Fire Station No. 2. Smith moved and WachtPr
seconded the motion, all members voted in favor, to approve the election of Bob
, Kohout as District Chief.
2. Bob Childers reviewed briefly an overall fire protection plan for the
City, including the proposed construction of Station No. 3 in the vicinity of
County Roads #30 and #31. Three primary stations were proposed under the overall
plan with six secondary stations. Station No. 3 would provide for a 42 x 62 foot
building to be compatible with the neighborhood on a minimum lot of 150' x 150'.
Several alternate designs were discussed, together with lot sizes and a proposed
site for the station. Wachter moved and Parranto seconded the motion, with all
IIIMembers voting in favor, to provide for the formation of a committee to include
the present VFD committee and members of the Public Works Committee to pionoad
with 'the assembly of necessary information for the acquisition of Atilt n ce . Y
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November 21, 1978
III for future fire department locations, including funding for the sites, major
vehicles and a projection as to construction costs for Fire Station No. 3. Park
Committee Chairman Merle Lundsten was present and recommended that the committee
review several proposed sites for Station No. 3 in addition to the Thomas Lake
Park site.
3. Parranto moved and Smith seconded the motion to approve the second half
and yearly pay for the fire department members for 1978; all members voted in favor.
PARK DEPARTMENT. Barbara Schmidt was present.
1. Legislative Program Questionnaire for Shade Tree Disease. Barbara Schmidt
requested that the Council comment on the legislative program questionnaire for
the 1979 Shade Tree Disease Program, including sanitation and reforestation. Park
Director Schmidt was requested to submit the questionnaire to the State Planning
Agency conveying the comments of the City Councilmenbers.
III2. The City has received a report of State Aid Contract from the MN/Dot
relating to the state bicycle project for Pilot Knob Road. The City will receive
90% of the $19,870 cost for the construction of the pathway. Egan moved and
Wachter seconded the motion, all members voted yes, to approve the contract.
3. Patrick Eagan Park. A contract with the State Planning Agency covering
1 an additional 25% funding for Patrick Eagan Park was next considered. Wachter
moved and Egan seconded the motion, all members voted in favor, to approve the
contract and order its execution.
PUBLIC WORKS DEPARTMENT. City Administrator Hedges and Public Works Committee
Chairman Wachter reported.
1. The bids for a van truck for the Water and Sewer Department were reviewed
and it was recommended that the low bid submitted by Southview Chevrolet for the
7900 G.V.W. van truck in the amount of $5,670.92 be approved. Parranto moved and
Wachter seconded the motion, all members voted yes, to accept the low bid and
award the contract to Southview Chevrolet.
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November 21, 1978
III 2. Slurry Coat Street Surface Maintenance Project - 1978. A letter from
Public Works Director Colbert was read recommending a deduct of 10% with Madsen's
Specialties for the 1978 Slurry Coat Program in the sum of $2,500. Smith moved
and Wachter seconded the motion, all members voted yes, to approve the deduct.
3. The Public Works Committee recommended that the Council not accept any
substandard roads for maintenance purposes including Carriage Hills Drive until
roads of that type are upgraded to City standards. Wachter moved and Parranto
seconded the motion, all members voted yes, to accept the recommendation of the
Public Works Committee and only in special circumstances where access is ne'esoary
to City property, such as City parks, is required will an exception be made. All
members voted in favor.
4. Pilot Knob Road. County Engineer Sandeen attended the Public Works
Committee meeting and it was recommended that cost estimates from the County for
IIIfour lane undivided and two lane with rural cross section road for Pilot Knob Road
from 1494 to Yankee Doodle Road be submitted to the City for review.
FEDERAL REVENUE SHARING FUNDS. The Mayor then convened the public hearing
concerning the actual use of federal revenue sharing funds for 1979. A public
hearing was held on October 3, 1978, to consider a proposed use and it was noted
that $104,081 is expected by the City for 1979. There were no objections to the
proposed use to assist in paying the overall construction of the new police depart-
ment facility. Smith moved and Egan seconded the motion, all members voted in
favor, to approve the use of the funds described above.
PROJECT #247 - R. L. JOINSON FIRST ADDITION STREET IMPROVEMENTS. The Mayor
then convened the public hearing regarding Improvement Project #247 consisting of
street improvements for R. L. Johnson First Addition North of Highway #13. City
Engineer Rosene explained the project and there were no objections. It was noted
that a letter of credit had been posted with the City for the estimated cost of
the project by R. L. Johnson. Mr. Robert Johnson was present and requested that
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November 21, 1978
III the assessments against the road be spread against all of the property owned by
R. L. Johnson, including Eagan Industrial Park and R. L. Johnson First Addition.
Parranto moved and Smith seconded the motion to close the hearing, to order in the
project, and to authorize the City Engineer to prepare plans and specifications
and further, to spread the assessment for the road improvements over all of the
land owned by R. L. Johnson adjacent to the road and in the event that the land to
the South is developed, that it pay its proportionate share at the time of the de-
velopment. All members voted yes. There were several residents of Eagan present
who objected to the improvements without direct alignment to Four Oaks Road and
the potential hazards created by additional outlets to Highway #13.
TACONITE TRAIL PROJECT #258. After the Mayor convened the hearing, the City
Engineer explained the project. A number of affected residents in the area were
present and objected to the project. Mr. Gregory Ray appeared and requested
approval of the project with a change to install improvements only on the Westerly
portion of Taconite Trail extended. A petition signed by ten owners in the area
objecting to the project was submitted and several were present. Mr. Harry Ray,
attorney, appeared for his son, Gregory Ray, and there was discussion concerning
the 60 foot access road to Blackhawk Road, the 5 acre provision for construction
of a residence and acquisition of a building permit, and whether a septic tank
should be installed on the Gregory Ray property. After considerable discussion,
Smith moved to continue the hearing to the December 5th meeting to permit the
staff to review the issues with the proponents and opponents of the project and to
return with recommendations to the City Council. Parranto seconded the motion;
all members voted in favor.
J.I. CASE COMPANY - PROJECT #256. Mayor Murphy convened the hearing and the
City Engineer reviewed the project. There were no objections to the project and a
representative from J. I. Case Company was present favoring the sanitary sewer and
Water improvements. Wachter moved and Egan seconded the motion, all members voted
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November 21, 1978
IIIin favor to close the hearing, to order in the project, and to authorize the
Engineer to prepare plans and specifications to exclude the sod restoration which
the 3. I. Case Company will install on its own.
COMMUNITY ACTION COUNCIL. Mr. James Marshall and other representatives of the
Community Action Council appeared, including Frank Brennan, Executive Director, and
requested funding of $1,000.38 from the City Council for the CAC for 1979. The
total funding for the specific project is $97,550 with matching funds from six
affected municipalities. Mr. Marshall explained the program, including the LEAA
funding. After extended discussion, Smith moved and Egan seconded the motion to
approve the expenditure of $1,000.38 from the Eagan City budget for 1979 only and
that information be submitted by the CAC to the Eagan City Council prior to
September 1, 1979, for review and possible inclusion in the 1980 budget. Mr.
IIIBrennan indicated that there must be matching grant money from all of the affected
cities in order to acquire the federal funding, which includes 5% support from the
six affected cities. All members voted in favor except Parranto who voted no.
LAKE LEVELS OF THOMAS LAKE AND CARLSON LAKE. The report from the City Engineer
dated November 17, 1978, was reviewed by Mr. Rosene. There were questions from
affected property owners in the general area of the two lakes concerning the extent
of water that is proposed to be pumped from East Thomas Lake into West Thomas
Lake. Three alternates were discussed regarding the lowering of Thomas Lake. It
was noted that the proposed hearing for the outlet from Thomas Lake to Blackhawk
Lake will be scheduled by the Council for a December 1978 Council meeting.
Parranto moved and Smith seconded the motion that the Engineer be instructed to
implement a plan to pump the water from East Thomas Lake to West Thomas Lake, that
the Park Committee be instructed to investigate the impact upon the trees that
illcould be damaged and further, to investigate the feasibility and cost of running
the excess water into the Metropolitan Waste Control Commission sanitary sewer
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' November 21, 1978
III system with the understanding that increase in level of water in West Thomas Lake
not exceed three inches. All members voted in favor. Park Committee members pre-
sent explained their concern about the potential impact on Thomas Lake Park.
BEACON HILLS PUD and PRELIMINARY PLAT. Mr. James Hill, John Hankinson and
Rod Hardy of Dunn & Curry and Tim Eller of Centex Homes appeared regarding the ap-
plication of Dunn & Curry Real Estate Management, Inc. to rezone approximately 80
acres from Agricultural to PD, Planned Development, and preliminary plat approval
of Beacon Hills in Section 33, South of Cliff Road. The APC on October 30, 1978,
recommended approval of the rezoning and platting with certain conditions. The
191 acre lot plat would include lots averaging 87 feet in width with the average
size above the minimum ordinance requirements. A number of lots would be lower
than the ordinance minimum width requirement and area size. The developers pro-
posed a cash donation for park purposes. There were questions from the audience
and the Council concerning the reason for the developer proposing a plat with less
than minimum lot specification requirements. Mr. Eller on behalf of Centex Homes,
the proposed developer, discussed the design, style and size of the homes proposed
to be constructed in the subdivision. It was noted that there were very few ex-
amples of plats approved by the Council where lot sizes were below minimum.
Wachter moved and Parranto seconded the motion to rezone the property from Agri-
cultural to PUD according to the recommendations of the Planning Commission. All
members voted in favor. Parranto then moved and Smith seconded the motion to
approve the preliminary plat subject to the APC recommendations with the exception
that the approval would not be conditioned upon the proposed plat being subject to
the comments of the Dakota County Plat Commission nor would there be requirements
for platting or berming along Cliff Road according to typographical needs. All
ILmembers voted in favor except Wachter who voted no.
BUFFER HILLS FINAL PLAT. Don Christianson appeared on behalf of the appli-
cation for final plat approval for Buffer Hills Addition East of Pilot Knob Road.
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November 21, 1978
It was noted that the development contract had not been prepared. Mr. Christianson
questioned the estimates of the City Engineer regarding the need for acquiring a
letter of credit for all of the subdivision as he expected to improve only the lots
at the Southwest corner of the subdivision at the present time. After discussion,
Smith moved and Egan seconded the motion to approve the final plat subject, how-
ever, to the preparation and execution of a development contract and letter of
credit covering the Southwest corner of the plat only with the understanding that
no building permits will be issued on the balance of the plat until all of the
Eagan ordinance requirements have been fulfilled and further, subject to staff
approval including opment agreement. All members voted yes.
CONDITIt' AL 17SE 1TRMIS. Smith moved and Egan seconded the motion, all mem-
bers voted in favor, to approve the following conditional use permits:
1. John Bushnel for temporary building at 4890 South Robert Trail.
2. Papa's, Inc. for Discotrec at the Cedarvale Shopping Center.
3. Linda Smith, 4028 Rahn Road, to operate a Day Care Licensed Center at
that address.
4. Mobile home sales lot under Dakota Homes at 3660 Dodd Road.
LOTS SPLITS RESOLUTION. A resolution that had been adopted by the Advisory
Planning Commission prepared by the City Attorney was submitted to the Council for
approval. The concern of the APC was the practice of the. Dakota County Recorders
office in accepting deeds of conveyance for real estate for the transfer of prop-
erty in the City that did not comply with the Minnesota statutes transferring un-
platted property of less than 5 acres in size. Parranto moved and Smith seconded
the motion, all members voted yes, to approve the resolution and authorize it to
be forwarded to the Dakota. County Recorder's office.
MWCC JOINT RENTAL AGREEMENT. The annual rental agreement for 1979 between
the City and MWCC for a portion of sanitary sewer main connecting the Seneca treat-
"
ment plant in Eagan was reviewed. Wachter moved and Parranto seconded the motion,
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November 21, 1978
all members voted yea, to approve the rental agreement for 1979.
JKR COMPANY EXCAVATION PERMIT. Mr. Kenneth Applebaum requested the City to
release the performance bond for excavation and fill permit under Ordinance No. 8
covering the proposed Pilot Knob Plaza First Addition property at Pilot Knob Road
and Crestridge Lane. The Building Inspector recommended approval. Mr. John Klien
was present representing Mr. Appelbaum. There were questions from the Council
concerning the reseeding and the fulfillment of all requirements under Ordinance
No. 8. There was no action taken to release the bond.
CARRIAGE HILLS GOLF CLUB - CLUB LIQUOR LICENSE. Mr. Tom Westbrook appeared
on behalf of William Smith, the applicant for a club liquor license for Carriage
Hills Golf Club. Mr. Westbrook indicated that the club had been organized in
1964 and that members had been solicited as of January 1, 1964. The City Attorney
reviewed the statutory provisions for club license and indicated that the Council
could approve the license if the applicant met all statutory provisions, including
corporation requirement, time requirement and compliance with the definition of
club under the statute. There were questions concerning food sales and Mr.
Westbrook indicated that there is no regular food sales on the location and
further, whether the club was operated on a non-profit basis. It appeared that
the corporation is a business corporation although the club is run by a Board of
Directors who are not owners of the golf club. There were concerns by the Council
whether the club qualified under the club license statute and after discussion,
Smith moved and Egan seconded the motion, all members voted in favor, to deny
the application for club license for reasons including those mentioned above,
including the fact that the club did not appear to comply with the state law.
SILVER BELL ROAD RELOCATION. City Engineer Rosene reviewed with the Council
a plan for change of the present allignment of Silver Bell Road and a portion of
Trunk Highway #13. The City Engineer recommended approval of the plat and there
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November 21, 1978
III were no objections from affected owners. Smith moved and Wachter seconded the
motion, all members voted yes, to approve the plan proposal.
CEDAR AVENUE AND HIGHWAY #13 SURFACE EXPLORATION PROGRAM. City Engineer Robert
Rosene reviewed a report from Twin City Testing Company concerning subsurface
exploration of existing storm and sanitary sewer utilities at Cedar Avenue and Trunk
Highway #13. The Council had authorized the Engineer to conduct a subsurface
exploration program because of the new allignment of Cedar Avenue running over the
existing pipes. It was noted that the soil conditions encountered in the borings
consisted of loose sand back fill above the existing pipes and Twin City Testing
recommends that steps be taken to replace the sanitary and storm pipe. It recommend(
one three alternatives. (a) Install an imperfect trench method placing a zone
,151 compresible soil over the existing pipe; (b) Increase the load carrying compacity
of the existing pipe by installing a reinforced concrete arch; or (c) Abandon
IIIexisting lines and place heavier pipe sections where new embankments will be constru::
Mr. Rosene indicated that very likely the existingpfipea will have to be replaced
and gave estimated costs of $78,000 for sanitary sewer and $150,000 for 1200 feet of
existing four inch storm sewer. Wachter moved and Egan seconded the motion, all
members voted in favor, to authorize the Engineer to prepare a feasibility report
covering the installation of sanitary and storm pipes.
KENNETH DAMLO - EAGAN HISTORY COMMITTEE. Kenneth Damlo appeared and indicated
to the City Council that he will be leaving the City as an Administrative Assistant
as of November 28th when he will begin the position of Clerk Treasurer for Belle
Plaine, Minnesota. He also briefly reviewed the rough draft of the Eagan History
Committee consisting of about 80 pages that has been distributed to the Council.
Councilmembers complimented the Committee on its work including staff member Damlo,
and thanked him for his work for the City.
RIVERHILLS NINETH ADDITION DEVELOPMENT BOND. The City Engineer recommended
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November 21, 1978
release of the development bond for River Hills Nineth Addition. Upon motion by
IIISmith and seconded by Egan, all members voted in favor, to approve the release.
PRELIMINARY REPORTS. The City Engineer submitted the following reports coverir
the following projects:
Project #259 - Vienna Woods utilities and street improvements.
Project #255 - utilities and streets for Thomas Lake Addition.
Project #257 - storm sewer trunk from Thomas Lake to Blackhawk Lake.
Project #261 - utilities and street improvements for Ches Mar East First Add!t__
Wachter moved and Smith seconded the motion, all members voted yes, to accept the
foregoing preliminary reports and to schedule a public hearing on each of the
projects for December 12, 1978, at 7 p.m. at the City Hall.
1979 LIQUOR LICENSE RENEWALS. There was discussion concerning whether the
Lost Spur has violated the club license provisions of the Minnesota Law and whether
the purpose of keeping cost down and use by non-members has been violated. The
City Administrator was requested to notify the Lost Spur applicants and have a
_• representative appear at the December 5th meeting. Smith moved and Wachter seconder}
the motion, all members voted in favor except Parranto who abstained, to approve
the following li;uor licenses:
Eagandale Club on sale liquor license and Sunday liquor license.
Holly Inn, Inc. on sale liquor license and Sunday liquor license.
Murphy House, Inc. on sale liquor license and Sunday liquor license.
Elmer Scott on sale liquor license and Sunday liquor license.
Stark's Half Way House on sale liquor license and Sunday liquor license.
Valley Lounge on sale liquor license and Sunday liquor license.
Applebaums Food Market, Inc. off-sale liquor license.
Kenny's Enterprises, Lie. off-sale liquor license.
J.E. Parranto's Liquors off-sale liquor license.
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November 21, 1978
III HIGHSITE INC. EXCAVATING PERMIT. A representative of Highsite, Inc. appeared
on behalf of its application for excavating permit to begin grading for the
apartment building construction project in two phases in the Highsite expansion area
on Pilot Knob Road. The Building Inspector and Clerk Treasurer Bolke had no objectie.
to the application. Smith moved and Wachter seconded the motion, all members voted
yes, to approve the application as submitted. It was noted that the platting cannot
be completed until the footings are poured.
DNR RESOLUTION - I35E BLACKHAWK LAKE BRIDGE CROSSING. A proposed resolution waF,
submitted by Mayor Murphy and he recommended that it be submitted to DNR Commissioner
Joe Alexander, Governor Perpich, and Governor-elect Quie. It requested that Commissio:
Alexander issue the permit to cross the Blackhawk Lake marsh to permit the Min/Dot
to commence with construction staging for I35E and that Governor Perpich and. Governor
elect Quie urge the DNR Commissioner to..grant the bridge permit without further dela
After review, Murphy moved to approve the resolution as revised to be directed to
Governor Perpich, Governor-dlect Quie, and DNR Commissioner Alexander with copies to
be forwarded to the Dakota County Board and neighboring city councils requesting
adoption of comparable resolutions. Wachter seconded the motion, all members voted
in favor.
JOHN KLEIN COMPLAINT. John Klein appeared and requested that the City staff
process the complaint that he had registered concerning a non-residential operation
on Pilot Knob Road in a residential zoned area which complaint had been filed with
the City. The City Administrator indicated that the staff is processing the complain
in the normal fashion.
HOLLIS ORR - WESCOTT ROAD EASEMENT. City Attorney Hauge submitted a proposal
from Mr. and Mrs. Hollis Orr for compensation for the Wescott Road easement across
the Orr property East of Pilot Knob Road. Payment would be in the sum of $10,100
plus assessments to be reimbursed by the City and ultimately paid by the property
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November 21, 1978
owner in the sum of $973.00. The City Engineer and the City Attorney explained the
il III
'projected increased costs of construction during the 1979 season and the potential
for a condemnation award in the event that acquisition by condemnation is necessary.
Smith moved and Egan seconded the motion, all members voted in favor, to accept the
proposal by the Orrs and to authorize the payment from Wescott Road project funds
and to direct the contractor to complete construction.
CONTRACT APPROVALS. The following contracts were submitted for approval. upon
motion by Parranto and seconded by Wachter, all members voting in favor, the followir_
were approved for execution:
1. Encon Utilities Inc. Project, #232A.
2. MacNamara-Vivant Construction Company, Project #240A.
WILKINSON - WESCOTT ROAD EASEMENT. City Attorney Hauge explained to the Council
an error in a description in an easement for Wescott Road covering property owned
by the Wilkinson Estate and requested approval of a quit claim deed from the City
to the Wilkinson Estate in return for an easement with the corrected description from
the Wilkinson family. Wachter moved and Smith seconded the motion, all members voted
yes, to approve the execution of the quit claim deed.
WFSCOTT GARDEN LOTS ADDITION. City Administrator Hedges submitted a list of st,
name changes in Wescott Garden Lots Addition consisting of five separate streets
and requested approval for the street name changes. Wachter moved and Parranto sec.
the motion, all members voted in favor, to approve the chges.
BEACON HILLS ADDITION IMPROVEMENT REPORT. A petition from Dunn & Curry Real
Estate Management, Inc. , for a feasibility report for utility and street improvements
for proposed Beacon Hills Addition was reviewed. Smith moved and Wachter seconded
the motion, all members voted yes, to accept the request and to instruct the City
Engineer to prepare a feasibility report.
POLICE FACILITY GYM EQUIPMENT. Mr. Hedges stated that a revised list of equip-
ment be purchased with the $1900 allocated for gym equipment including a Macey III
.
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November 21, 1978
Gym Set requested by the Police Department. Wachter moved and Egan seconded the
motion, all members voted yes, to approve the purchase of the revised list of equip-
ment.
CITY CLERK CONFERENCE. City Clerk Bolke requested approval for her attendance
at the City Clerk's Conference in Brainerd at City expense from March 21, 1979
through March 23, 1979, to be paid from budgeted funds. Parranto moved and Wachter
seconded the motion, all members voted in favor, to approve.
I494 E.I.S. City Administrator Hedges indicated that the City has just acquired
a copy of the final Environmental Impact Statement for I494.
ERIC ERIKSTRUP - CLIFF ROAD. City Engineer Rosene indicated that the contractor
on the Cliff Road improvements accidently broke a gas service from the Northern
Natural gas line to the Eric Erikstrup property and his neighbor. The cost for the
repair is in the amount of $76 for the neighbor and $618 for Mr. Erikstzp. Wachter
moved and Egan seconded the motion, all members voted in favor, to approve the
reimbursements of the above amounts.
VOUCHERS. Parranto moved and Wachter seconded the motion, all members voted
yes, to approve the following vouchers:
534 - 570° 7232 - 7333; 10802 - 11034.
ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at
approximately 2:15 p.m. .
DATED: November 21, 1978 . PHH
/ CITY CLERK