08/01/1978 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 1, 1978
A regular meeting of the Eagan City Council was held on August 1, 1978,
at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmembers
Wachter, Smith and Egan. Councilman Parranto was excused from the meeting.
Also present were: City Administrator Hedges, City Engineer Rosene and City
Attorney Hauge.
AGENDA. Upon motion by Smith, seconded by Egan, all members voting in
favor, the agenda was approved as distributed.
MINUTES. Egan moved and Wachter seconded the motion, all members voted
yes, to approve the minutes as prepared.
CERTIFICATES OF ACHIEVEMENT. Mayor Murphy presented Certificates of
Achievement to Fire Chief Childers and Police Chief DesLauriers for the excell-
ent work done by each department at the time of the Northern Natural Gas main
explosion on Cedar Avenue. It was noted that other surrounding fire depart-
ments aided both on the scene and served as backup for fire protection at the
time of the incident.
POLICE DEPARTMENT. Police Chief Martin DesLauriers appeared.
1. Chief DesLauriers requested "No Parking" signs on Blue Cross Road
from Blackhawk to 100 feet from Blackhawk Road. Smith moved and Wachter
seconded the motion, all members voted in favor, to approve the recommendation.
2. Donald Avenue request. A petition from residents on Donald Avenue
was read concerning excessive traffic speed at 55 mph on Yankee Doodle Road
and recommended a reduced speed. Police Chief DesLauriers recommended the
submission of a speed survey request to MN/Dot for reduction of speed between
Highway No. 31 to Highway No. 13. Smith moved and Wachter seconded the motion,
all members voted yes, to request the survey and to accept the petition from
the residents on Donald Avenue.
August 1, 1978
PARK DEPARTMENT. Park Director Schmidt and Public Works Sunerintendent
Branch had obtained quotes from three companies regarding the removal of 60
diseased Elm trees in Woodhaven Park and 25 diseased Elms on Public Works
property. Mrs. Schmidt and Mr. Branch recommended the low quote of Lumberjack
Tree Company in the sum of $6,000. Smith moved and Egan seconded the motion
to accept the quote of Lumberjack Tree Company in the sum of $6,000. All
members voted yes, except Wachter who voted no.
MINNESOTA NATIONAL GUARD. Two representatives of #146 Signal Battalion
of the Minnesota National Guard of West St. Paul made a presentation to the
City Council in the form of slides regarding National Guard duties and requested
assistance by the Council and City in requiring National Guard members from
the Eagan area. Council members suggested that information be submitted by
the National Guard unit for distribution and publication in the City.
McCARTHY ROAD STORM SEWER. A number of residents in the area of McCarthy
Road and Timberline Addition appeared concerning storm drainage problems in
the area during the recent heavy rains. The Public Works Committee met on the
site and Chairman Wachter reviewed several possible solutions to the drainage
problems. It was noted that certain swails had been eliminated during the
construction of homes and there was a question as to who should pay for the
improvements and the damage done. There is about an $1,800 cost for damage
due to the drainage. Mr. Robert Oslund, a developer, and several affected
property owners appeared. The staff was asked to return with additional recom-
mendations.
DISCOTREC. The application of Discotrec in Cedarvale for an all night
dance marathon for Muscular Dystrophy purposes was continued at the request
of the applicants for two additional weeks.
HAZARDOUS BUILDING REMOVAL - SILAS PALMER. City Administrator Hedges
indicated that Peace Reformed Church has declined an offer of the Silas Palmer
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property on Highway #13 and the City Attorney was then asked to proceed with
the removal of the Silas Palmer property buildings under the hazardous building
statute.
U-HAUL OF MINNESOTA. Mr. Hammond appeared on the behalf of the applica-
tion of U-Haul of Minnesota for rezoning from LB to I-1 and conditional use
permit for rental lot with outside storage at 3890 Cedar Avenue, the former
Phillips 66 Station. In addition, an application was made for variance for
parking at 10 foot setbacks on Highway #13 and Cedar Avenue where minimum of
20 feet is required. The APC recommended approval with certain conditions.
It was noted that there would be 34 spaces for trailers, 12 spaces for trucks,
four customer and four employee parking spaces on the property. There was
concern about notice to the proper party in the event of problems by the lack
of conformance to the proposed plan. It was noted that General Business zoning
is adjacent and the 7/10 acre parcel is zoned Limited Business. There was
concern that the conditional use permit recently granted to the Texaco Station
for U-Haul purposes may be continued in conjunction with the applicant°s
location. Wachter moved and Egan seconded a motion to continue the application
until the next regular meeting to allow the applicant an opportunity to provide
the Council evidence that there will be only one conditional use permit for
U-Haul trailers at the corner of Cedar and #13 in existence at any one time.
FORTUNE REALTY - SAFARI ESTATES. Mr. Byron Watschke appeared regarding
the application of Fortune Realty for rezoning from Agricultural to Estate,
and R-1 and preliminary plat approval of Safari Estates in Section 32 lying
West of Galaxie Avenue. The 74 acre parcel would include 51 acres to be
developed in Safari Estates. The APC recommended approval with conditions.
Mr. Watschke indicated that he desired to dedicate cash in lieu of park land,
but could dedicate Dark land to the North later and then acquire credit for
cash paid. The City Engineer reviewed his letter to the Council dated July 19,
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August 1, 1978
1978, recommending that the City acquire a site for water reservoir, No. 4,
in the general vicinity of Safari Estate. On the basis of cost, location, etc.,
the City Engineer recommended site No. 1 which is a lot in proposed Safari
Heights Addition that has been on the water plans of the City for many years.
Two sites are on Fortune Realty Safari Heights property, one in Apple Valley,
and one in the Dakota County park. Mr. Watschke objected to the use of site
No. 1 because of its effect on the development in the area. Wachter moved to
approve the application for rezoning from A, Agricultural to Estate and R-1
pursuant to recommendations of the Advisory Planning Commission. Egan seconded
the motion, all members voted yes. Wachter then moved to approve the appli-
cation for preliminary plat with the understanding that site No. 1 would be
acquired by the City for water reservoir site purposes. Smith seconded the
motion, all members voted yes. It was noted that a variance will be required
for street grade in excess of 8%.
THOMAS LAKE ADDITION. Mr. Watschke appeared on behalf of the application
of Fortune Realty for preliminary plat approval of the SW's of Section 28,
covering proposed Thomas Lake Addition. The APC recommended approval subject
to conditions. The cul-de-sac appeared to conform to the 500 foot requirement
or in the event it does not, a variance will be necessary. Smith moved and
Egan seconded the motion to approve the preliminary plat subject to the
recommendations of the Planning Commission. All members voted yea.
SURREY HEIGHTS ADDITION. The application for preliminary plat approval
of Surrey Heights Seventh Addition recommended by the Advisory Planning
Commission for approval was next presented. Smith moved and Wachter seconded
the application for preliminary plat
the motion, all members voted in favor to approve/subject to the zoning of
the property to R-3.
JKR COMPANY - PRELIMINARY PLAT AND PLAN APPROVAL COMMUNITY SHOPPING
CENTER. Mr. John Klein and Mr. Kenneth Applebaum appeared on behalf of the
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application of JKR Company for preliminary plat approval of a commercial
development and plan approval for community shopping center at the Northeast
corner of Pilot Knob Road and Crestridge Lane. Mr. Klein explained the
proposal as did Ralph Wagner of Probe Engineering. It was noted that
excavation work had taken place but the applicant indicated that it was for
correcting drainage purposes. A review of the history of the Planned
Development on Pilot Knob Heights and the zoning was made by staff members
and there was a large number of neighboring affected residents who appeared
objecting to the application. There was a question as to whether it would be
compatible with planned development and the community shopping center to the
North. Bruce Peterson of Security Development Company also explained the
proposal for the applicant. The APC made no recommendation. There were
questions from the residents present some of whom indicated that they did not
receive notice of the hearing before the Advisory Planning Commission.
Mr. Howard Stacker and Mr. Bob Tansey appeared as attorneys for the condominium
owners adjacent to the shopping center property objecting to the proposal.
A petition signed by 124 persons opposing the development was submitted and
accepted by the Mayor. City Administrator Hedges also indicated that an
application for excavation permit had been submitted to the City but was not
on the agenda. Smith moved to continue the applications for two weeks to
permit the staff an opportunity to review the applications and the history
of the zoning and platting in the area. Egan seconded the motion. After
discussion the motion was withdrawn on the basis of the recommendation by
the City Attorney that an application should be submitted by the owner and
developer to revise the Planned Development covering the 6 acre parcel in
Pilot Knob Heights Planned Development from convenience center and office
building to community shopping center use. The basis for the recommendation
was that it appeared the use intended was CSC use. There were concerns from
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August 1, 1978
Councilmembers that the center may be premature and further that there is a
large community shopping center zoned to the Ncrth. Wachter then moved to
grant the application for excavation permit under Ordinance No. 8 pursuant
to the provisions of that ordinance. Egan seconded the motion, all members
voted in favor. After discussion concerning the proposed revision to the
planned development for the 6 acre parcel, Smith moved in the form of an
informal motion indicating that the Council would deny an application to
revise the planned development covering the convenience center area to a
use designated by the applicant for proposed community shopping center, based
upon the information available to the Council at the present time. Wachter
seconded the motion. Those in favor were: V'a--hter, Egan and Smith.
Murphy abstained.
ROAD MACHINERY AND SUPPLY COMPANY PRELIMINARY PLAT AND VARIANCE.
The application of Michael Sill and Road Machinery and Supply Company for
preliminary plat approval of Hichael R. Sill Addition, variance of 60 feet
from a 100 foot setback from residential area and conditional use permit for
outside storage at Silver Bell and Cedar Avenue was next considered. The
APC recommended approval of all applications with conditions. The berming
and landscaping were reviewed and there were no objections from neighboring
property owners. Wachter moved and Smith seconded the motion, all members
voted in favor to approve the applications pursuant to the recommendations
of the APC.
MICHAEL SILL ADDITION UTILITY STUDY. The request from the applicants
of Michael Sill Addition for utility study was next presented. Egan moved
and Wachter seconded the motion to instruct the City Engineer to prepare a
feasibility study covering utilities and other improvements; all members
voted yes.
ROAD MACHINERY AND SUPPLY COMPANY INDUSTRIAL REVENUE BONDS. council-
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August 1., 1978
member Smith reported on the Finance Committee review of the industrial
revenue bond application of Road Machinery and Supply Company covering the
proposed building on that parcel. The Finance Committee recommended that the
current request and future applications be referred to the Eagan fiscal
consultant for review and report to the Committee and Council. In addition,
it was recommended that with all industrial revenue bond applications that the
City Council first grant preliminary approval of the proposed development before
being considered by the Finance Committee and Council and further that the
applicant be required to pay the fees of the fiscal consultant's review and
report to the Council. Wachter then moved and Murphy seconded the motion to
approve the application of Road Machinery and Supply Company for industrial
revenue bonds as requested. Those in favor were: Vachter, Murphy and Egan.
Smith voted no.
NOLAN AND NOLAN - E-Z MINI STORAGE. Mr. Jean Parranto and Mr. Nolan
appeared on behalf of the application of Nolan and Nolan and Slater Estates
for waiver from subdivision regulations for an industrial building permit on
unplatted property with variance to allow living quarters. The Advisory
Planning Commission recommended approval of the waiver and variance subject
to conditions. Wachter moved and Egan seconded the motion, all members voted
in favor to approve the application subject to the recommendations of the
APC.
DCR COMPANY AND CONSTRUCTION 70 - RAX ROAST BEEF. The application for
Construction 70 and DCR Company for conditional use permit for restaurant
with drive-un facility and waiver from platting regulations in the Cedarvale
area was next reviewed. The Planning Commission recommer..:ed approval of both
applications subject to certain conditions. Mr. Peter Cook appeared on behalf
of Rax Roast Beef who explained the proposed restaurant on Highway #13. Smith
moved and Wachter seconded the motion, all members voted yes to approve the
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August 1, 1978
the application for conditional use and waiver again pursuant to Planning
Commission recommendations.
CEDARVALE BOWL - DCR COMPANY. Mr. Richard Stryker appeared for DCR
Company regarding its application for conditional use permit for bowling alley,
liquor lounge with convenience food and game room and preliminary plat
covering the Rax Roast Beef-Cedarvale Bowl area called Cedarvale East. The
APC recommended approval of the applications with certain conditions. Mr.
Stryker reviewed the proposed 24 lane bowling alley expandible to 36 lanes.
Smith moved and Wachter seconded the motion, all members voted yea to approve
the application for conditional use and for preliminary plat approval of
Cedarvale East subject to the conditons imposed by the Planning Commission.
DURNING SUBDIVISION FINAL PLAT. Mr. Jim Durning appeared regarding his
application for final plat approval of Durning Subdivision at Cedar and Cliff
Road. Wachter moved and Egan seconded the motion, all members voted yea to
approve the application subject to normal ordinance requirements.
Y.D. ASSOCIATES AND NOLAN BROTHERS EXCAVATION PERMIT. Excavation permit
application of Y.D. Associates and Nolan Brothers for mining permit under
Ordinance No. 8 at Yankee Doodle Road and Coachman Road and the Leitner
location near Highway #13 was reviewed. The staff recommended approval.
Smith moved and Egan seconded the motion, all members voted in favor to
approve the applications subject, however, to all ordinance requirements.
GENERAL COATINGS BUILDING PERMIT. The application of General Coatings,
Inc. for plan approval and building permit in Section 2, on Highway 649 was
next discussed. The staff recommended approval subject to the recommendations
of the APC. Wachter moved and Smith seconded the motion9 all members voted
in favor to approve the application subject to APC recommendations.
LEXINGTON AVENUE EXTENDED. The City Engineer discussed with the Council
a request of r.,:ota County that the City approve the designation of
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Lexington Avenue between County Roads #30 and #32 as a County Road. It was
noted that all of the property is within the Lexington South P.D. and also
that the County will require 45% contribution from the City for improvements
after rough grading. Councilmembers were concerned about priorities on road
construction within the City. Wachter moved and Egan seconded the motion
and all members voted in favor to defer determination until the Council has
reviewed the ability to finance the road.
PROJECT #234 - CLIFF ROAD TRUNK SEWER. Bids covering Cliff Road trunk
sewer covering Project #234 was next reviewed. Upon recommendation of the
City Engineer and upon motion by Egan, seconded by Smith, all members voting
yes, it was resolved that the low bid of Austin P. Keller Construction Company
in the sum of $362,150 be approved and awarded.
PROJECT 66235 - CLEARVIEW ADDITION SEWER AND WATER. Upon motion by Egan
and seconded by Smith, all members voting yes, it was resolved that the low
bid of Parrott Construction Company in the sum of $278,382.15 was awarded for
Project #235.
ORDINANCE #42 AMENDMENT. A request was received from Applebaum Fruit
Market, Inc. that the Council extend the hours for off sale liquor from 8 p.m.
to 10 p.m. on Fridays and Saturdays according to the 1978 Minnesota
Legislatures revision. After discussion, Smith moved and Wachter seconded
the motion, all members voted yea to instruct the City Attorney to amend
Ordinance No. 42 to permit off sale liquor stores to be open according to
statute till 10 p.m. Monday through Saturday.
COMMUNITY SCHOOL PROGRAMS FOR SCHOOL DISTRICTS. City Administrator Hedges
reviewed the meetings that are being set by school districts #191 and #196
concerning community school and it was recommended that representation from
the City be present at those meetings.
BOY SCOUT DECLARATION. At the request of Indianhead Council Activities
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August 1, 1978
Chairman, Dan Schultz, the Mayor declared the week of. August 13-20 as The
Paper Drive Benefiting Scouting for the Handicaped Week.
MET COUNCIL SUBSIDIZED HOUSING HEARING. A meeting will be held by the
Metropolitan Council on August 14, 1978, concerning low and moderate cost
housing. The Eagan Council requested that a staff person be present to
explain the policy of scattered site subsidized housing in Eagan.
KENNETH DAMLO INTERNSHIP. City Administrator Hedges indicated that
Kenneth Damlo's CETA commitment internship is expiring and recommended that
the Council authorize the $3,000 for internship for 1978 be allocated to
authorize Ken Damlo to be extended as a City employee and intern for an
additional four months. Egan moved and Smith seconded the motion, all members
voted yes to approve the recommendation.
HUD FEDERAL DISASTER AID ADMINISTRATOR. The City Administrator recommended
that a person be designated as the local agent for HUD Federal Disaster Aid.
Egan moved and Wachter seconded the motion, all members voted yes to appoint
the City Administrator as the local agent for that purpose.
CARRIAGE HILLS DRIVE. A letter from Dakota County asking for a
feasibility study for Carriage Hills Drive within the Dakota County nark area
was reviewed. Smith moved and Wachter seconded the motion, all voted yes
to authorize the Engineer to prepare a feasibility study covering Carriage Hills
Drive including a study covering the private property East of the park area
with the understanding that the County will provide for the cost of the study.
PARK CLIFF ADDITION. A petition from the developers of Park Cliff
Addition on Cliff Road requesting a feasibility study for the first phase was
submitted. Egan moved and Smith seconded the motion, all members voted in
favor to order the feasibility study by the City Engineer and to waive the
hearing upon submission by all of the affected owners of a waiver of the
hearing process and further to authorize the City Engineer to prepare the
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plans and specifications for the project. Those in favor were: Smith, Egan
and Murphy. Against: Wachter.
CAMERON DEVELOPMENT COMPANY. The request of Cameron Development Company
for feasibility study for Cameron Court for utilities and streets was
submitted. Wachter moved and Murphy seconded the motion, all members voted yes
to authorize the City Engineer to prepare a feasibility study covering
Cameron Court as requested.
BUDGET REVIEW COUNCIL MEETING. The Council designated August 8th at
7 p.m. as a special Council meeting to review the. preliminary 1979 City
budget.
COUNCIL MEETING AUGUST 23RD. An additional special Council meeting was
scheduled for August 23rd at 7 p.m. covering the budget for 1979 and further
to review an application being submitted by School District #196 for rezoning
and preliminary plat approval for school site on Thomas Lake Road.
DNR HEARING SPECIAL COUNCIL. Smith moved and (Wachter seconded the motion,
all members voted yes to authorize McClay Hyde of Lindquist and Vennum to
continue as special counsel for the City concerning the application before
the DNR for Blackhawk Lake bridge permit during the briefing stage before
Hearing Examiner Greenberg.
CEDAR AVENUE EASEMENT - PROJECT 1t227A. City Attorney Hauge submitted
requests from the owner of the Standard Station at Cedar and Highway #13 for
$280 plus curbing in return for the permanent easement for storm sewer
purposes and recommended approval and in addition, a request of Mr. and Mrs.
Dimmer for $1,000 for the permanent easement for storm sewer easement in front
of the beauty salon on Cedar Avenue. Smith moved and Wachter seconded the
motion, all members voted yes to approve the recommendations subject to
submission of the appropriate easements and the agreements with the Dimmers
that $1,000 will be paid upon completion of the project.
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PROJECT 0227A - CEDAR AVENUE. Upon recommendation by the City Engineer,
Smith moved and Wachter seconded the motion to approve the contract on the
Cedar Avenue portion of Project #227A with Parrott Construction Company. All
members voted yes.
WESCOTT ROAD IMPROVEMENT PROJECT #225. City Engineer Rosene submitted the
plans and specifications concerning Wescott Road Improvement Project #225.
Wachter moved and Egan seconded the motion, all members voted yes to accent
the plans and specifications for Wescott Road Improvement and to authorize
the Clerk to advertise for bids to be opened on September 1, 1978, at 3 p.m.
at the City Hall.
THOMAS LAKE ROAD IMPROVEMENTS WATER MAIN. Upon recommendation by the
City Engineer, Wachter moved and Egan seconded the motion, all members voted
yes to revise the date for acceptance of bids for Project #237 consisting of
street and water improvements in the Thomas Lake area until August 31, 1978,
at 3 n.m. at the City Hall.
HILLCREST DEVELOPMENT COMPANY. The City Engineer explained the
recommendation that the City acquire a pond on Hillcrest Development Company
adjacent to Cedar Avenue and North of Cliff Road for storm sewer purposes. A
list of terms from Hillcrest Development Company were reviewed and further
negotiations were authorized througl the City Engineer and City Attorney with
the owner.
TRUNK STORM SEWER ASSESSMENTS. The recommendation of the Assessment
Committee regarding assessments for trunk storm sewer purposes on park land
within new developments and covering platted property was reviewed by the
Council. Wachter moved and Smith seconded the motion to accept the recommen-
dation of the Assessment Committee that developers in new developments not be
required to pay storm sewer assessments for park land being dedicated to the
City with the understanding that an increase in rate on the developed property
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August 1, 1978
will be recommended and initiated by the City Council shortly.
HEINE FIRST ADDITION. City Attorney Hauge stated that Karl Heine, the
developer of Heine First Addition, had requested of the Council a Quit Claim
Deed covering an access easement over the East 40 feet of the Addition and
the City Attorney recommended approval. In addition, Mr. Hauge stated that
the Park Director and City Planner are recommending that the trail easement
run South through the subdivision to the Thomas Lake area. He further stated
that the letter of credit for the development contract had expired and should
be renewed covering the subdivision. Wachter moved and Egan seconded the
motion, all members voted in favor to approve the execution of the Quit Claim
Deed, to approve the acquisition of the trail as proposed to the South upon
recommendation of the Park Committee with the understanding, however, that no
additional building permits in the subdivision will be granted until the
development contract terms including the letter of credit are current and all
other requirements are met according to ordinance.
DREXEL HEIGHTS AND PILOT KNOB HEIGHTS FIFTH ADDITION DEVELOPMENT CONTRACTS.
City Attorney Hauge submitted development contracts covering Drexel Heights
Addition and Pilot Knob Heights Fifth Addition and recommended approval subject
to acquisition of appropriate letters of credit. Wachter moved and Murphy
seconded the motion, all members voted in favor to approve the development
agreement subject to a letter of credit being submitted for Pilot Knob Heights
Fifth Addition.
DEVELOPMENT CONTRACT BOND REDUCTIONS. Four letters from the City Engineer
recommending reductions in the bond requirements were submitted. Egan moved
and Wachter seconded the motion, all members voted in favor to approve the
following bond reductions:
Woodgate Third Addition, release balance of $27,000.
Woodgate Second Addition, release balance of $18,550.
Pilot Knob Heights Fourth Addition reduced to $10,815.75.
Donnywood Addition reduced to $7,725.
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Vouchers. Egan moved and Smith seconded the motion, all members voted
in favor to approve the following vouchers:
474 - 480; 6662 - 6759; 9958 - 10021.
ADJOURNMENT. Upon motion made and seconded, the meeting adjourned at
2:00 a.m.
DATED: August 1, 1978 PHH
City Clerk
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