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11/07/1979 - City Council Regular 0C'Oc:76 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 7, 1979 A regular meeting of the Eagan City Council was held on November 7, 1979, at 6:30 p.m., at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Parranto, Smith, Egan and Wachter. Also present were City Administrator Hedges, City Engineer Rosene, City Public Works Director Colbert, and City Attorney Hauge. AGENDA Smith moved and Eagan seconded the motion to approve the agenda as distributed. All members voted yes. MINUTES October 16, 1979, Regular Meeting. Egan moved and Wachter seconded the motion to approve the minutes with the exception on page 7 regarding Planning Commission replacement that the ballot was a "written signed ballot". All members voted in favor. August 30, 1978. Parranto moved and Wachter seconded the motion to approve the-minutes. All members voted yes. Smith moved and Parranto seconded the motion to approve the following minutes of special meetings of the Eagan City Council: June 27, 1979; August 20, 1979; July 10, 1979; September 6, 1979; September 11, 1979; September 13, 1979; September 19, 1979; Septem- ber 25, 1979; and October 11, 1979. All members voted in favor. G.O. BONDS OF 1979 Mr. Ernie Clark of Miller and Schroeder appeared regarding the bids for the $1,825,000 G. 0. Improvement Bonds of 1979 and $382,000 G.O. Fire Station Bonds of 1979 with aggregate principal amount of $2,207,000. He submitted a resume of the sale of the bonds whose bids were received and opened on November 5, 1979, at 12 a.m. Four bidders submitted bids for the bonds and the low bid was Dain, Bosworth, Inc., and First Bank of St. Paul with a net interest cost of 6.74%. Mr. Clark indicated that the net in- terest rate was somewhat over one percent higher than the $6.385 million bond issue sold in the spring of 1979. After discussion, Smith moved and Parranto seconded the motion to accept the low bids of Dain, Bosworth, Inc., and First Bank of St. Paul and award the sale of the bonds to the low bidders according to the following resolutions: 1. A resolution awarding sale of $1,825,000 General Obliga- tion Improvement Bonds of 1979, Series B, and $382,000 General Obligation Fire Station Bonds of 1979. P-i. F erp i . City Council Minutes November 7, 1979 Page Two 2. A resolution ratifying sale of $1,825,000 General Obliga- tion Improvement Bonds of 1979, Series B, fixing the form and speci- fications thereof, providing for their execution and delivery and creating a fund for their payment. 3. A resolution ratifying sale of $382,000 General Obligation Fire Station Bonds of 1979, fixing the form and specification there- of, providing for their execution and delivery and levying taxes and creating a fund for their payment. SEE BOND FILE FIRE DEPARTMENT Fire Chief Bob Childers appeared. 1. Mr. Childers indicated that the construction on the addi- tion to Fire Station #1 and Fire Station #3 were proceeding on schedule and commended Sweitzer Construction Company for its work on the two projects. 2. Fire Department Election. The Chief indicated that the members o District elected Jerry Adam as District #1 for the coming year. Wachter moved and Egan seconded the motion to approve the election. All members voted yes. 3. Rescue Squad Compensation. Mr. Childers requested con- sideration by the Council to free- up $3,600 for the purpose of paying for the calls made in 1979 by the rescue squad, the amount that had been used for the Hurst Tool. Smith moved and Murphy seconded the motion to approve the payment of $3,600 for the fire calls for the rescue squad. All members voted yes. 4. Fire Station Heating. Fire Department members recommended the installation o radiant heating for the old portion of Fire Station #1 indicating that the maintenance cost is less expensive than the current heating with $6,000 additional cost. Smith moved and Parranto seconded the motion to approve the recommendation. All members voted yes. POLICE DEPARTMENT Police Chief Martin DesLauriers appeared. 1. Mr. DesLauriers stated that Robin Clarey had terminated her employment as dispatcher. Wachter moved and Egan seconded the motion to accept the resignation and to authorize the Chief to proceed to fill the vacancy caused by the resignation. All members voted yes. 706, City Council Minutes November 7, 1979 Page Three 2. Police Cars. Mr. DesLauriers discussed with the Council the recommendation to purchase a 1979 Ford with police package with 900 miles as the low quote on a police car from Ridgedale Ford in the sum of $5,850. He also recommended the purchase of two medium sized police vehicles from the Hennepin County Purchasing Unit and two from dealers on quotations in 1980. Smith moved to continue the issue until the next Council meeting to review the proposals with a special meeting to be held on Wednesday, November 14th to include the discussion of the purchase of police cars. Parranto seconded the motion and all members voted in favor. SPECIAL MEETING The Mayor announced a special meeting of the City Council for November 14, 1979, at 7 p.m. at the Eagan City Hall to review the 1980 budget and other necessary business. CANVAS OF BALLOTS City Clerk Alyce Bolke was present and submitted the canvas of ballots covering the 1979 City election indicating 2,443 voters with 10,670 registered voters after registration on November 6th. 22% of the registered voters cast ballots. Parranto moved and Egan seconded the motion to approve the canvas of ballots. All members voted in favor. D 79-142 ELECTION OF NEW MAYOR Members of the City Council congratulated Bea Blomquist for being elected the first woman Mayor of the City of Eagan, who was present in the audience. At this point, Mayor Murphy excused himself from the meeting for the purpose of helping to make funeral arrangements for a family relative. Acting-Mayor Wachter chaired the remainder of the meeting. PARK COMMITTEE Park Director Barbara Schmidt was present. 1. Ms. Schmidt indicated that the City had been notified that an application for funding assistance for the expansion of Rahn Park did not rank high enough to be considered for a grant in 1980. Her concern is how to proceed on the possible purchase of the additional land for Rahn Park. No action was taken and staff will make a further report to the Council. 2 7! 7) City Council Minutes November 7, 1979 Page Four 2. An amendment to the Land and Water Conservation Fund Project Agreement previously entered into between the State Planning Agency and the City of Eagan for the Rahn Thomas Lake Recreation Trail including adding a spur trail in Thomas Lake Park was next submitted. Barbara Schmidt recommended approval. Smith moved and Egan seconded the motion to approve the amendment and to authorize the acting Mayor to execute the agreement. All members voted yes. D 79-143 3. Park Maintenance Employee. Park Director recommended that Wayne Beckman be hired in the Park Maintenance Department to replace the maintenance person that had resigned. Egan moved and Smith seconded the motion to approve the recommendation. All members voted in favor. 4. Temporary Maintenance Employee. Ms. Schmidt recommended that Greg Rome be hired or the winter months in the Park Main- tenance Department effective November 13th until December 28th as a temporary seasonal employee. Parranto moved and Egan seconded the motion to approve the recommendation. All members voted in favor. 5. Hilltop Estates Trail. Dunn and Curry had requested an extension o time to insta the trail in Hilltop Estates until November 1, 1980. The Park Director recommended that the completion date be extended with certain conditions. Smith moved and Egan seconded the motion to approve the request for extension of time until August 1, 1980, with the understanding that the trail will be built above the high-water level and upon the following condi- tions: a. That the Park area be marked with Eagan Park limit signs and the location of the trail be marked so that lot purchasers will be aware of the future trail location. b. That the development bond be revised for the develop- ment agreement for Hilltop Estates to provide adequate funds to cover the improvement. c. That the actual construction of the trail be subject to City specifications and approval with the acting Mayor being authorized to execute the necessary agree- ment. All members voted in favor. G 7 City Council Minutes November 7, 1979 Page Five 6. 1980 Shade Tree Program Application and 1980 Tree Conser- vation Budget. T Fe -application and budget were submitted for con- sideration and recommended for approval noting State funding could be $20,000 for 1980. Parranto moved and Egan seconded the motion to approve the application and the budget and to authorize the acting Mayor to execute the application. All members voted in favor. R 79-81 7. Coachman Oaks Park. Barbara Schmidt and Paul Hauge re- viewed with the Council t e proposed purchase od 62 acres of park land on Coachman Road from Rosewood Corporation. There was discus- sion and it was noted that Rosewood Corporation had asked that the City pay the assessments at approximately $1,000 per acre. Parranto moved and Egan seconded the motion to approve the purchase of 62 acres at $20,000 per acre according to the Eagan appraisal with the understanding that the seller will pay the special assess- ments. All members voted yes. In addition, the staff was requested to discuss with Rosewood Corporation the potential of the acquisi- tion of 12 additional acres adjacent and North of the 62 acre parcel to be purchased in the future with Rosewood Corporation. 8. Rahn Tennis Courts. The City Council then discussed Project #79-14 consisting of the Rahn Tennis Courts. The low bid on the project was Daily and Son Blacktopping in the sum of $45,897.00 with the Engineer's estimate at $50,000. The Park Com- mittee recommended that alternate #2 for repair of existing courts be added and $8,875 for a practice tennis court as a change order. Smith moved and Egan seconded the motion to approve the low bid of Daily and Son Blacktopping Company in the sum of $45,897.00 and in addition, alternate #2 for repairs and a Change Order in the sum of $8,875 as recommended by the Park Committee. All members voted in favor except Parranto who voted no. PEACE REFORMED CHURCH TRAILER PERMIT Mr. Les Williams, clerk of Peace Reformed Church, appeared on behalf of its application for a trailer permit on the Peace Reformed Church property on Nicols Road. He noted that it would be a double wide trailer and it was understood that the exterior would conform with the exterior of the Church. It was requested that neighboring residents be approached and give consent to the trailer and that there be a maximum of a two year special permit. No action was taken with further information including consent from neighbors will be submitted at the November 14th special meeting. City Council Minutes November 7, 1979 Page Six DAVID PETERSON - CARLSON LAKE City Administrator Hedges reviewed the request of Mr. and Mrs. David Peterson for payment for damage allegedly caused from the high water of Carlson Lake to their home and a tree on their property on the North side of Carlson Lake. The Public Works Committee recommended the payment of $2,000 conditioned upon the signature of a release by the Petersons. Smith moved and Egan seconded the motion to approve the payment subject to the release being signed by the Petersons and submitted to the City. All mem- bers voted in favor. RAUENHORST EXCAVATION PERMIT A request from Rauenhorst Corporation to extend the hours of operation of the grading and excavation permit to a 24 hour per day basis was discussed by the Council. The extension would only apply to the existing grading and excavating at the excavation site on Lone Oak Road. Smith moved and Parranto seconded the motion to approve the request for four weeks beginning November 8, 1979, for a 24 operation according to provisions of the ordinance with the understanding that the excavation trucks will use Lone Oak Road running Easterly to Highway #55. All members voted in favor. PROJECT #283 - JOHNNY CAKE RIDGE UTILITIES Acting Mayor Wachter convened the public hearing regarding Project #283 for Johnny Cake Ridge utilities. Mr. Rosene reviewed the project and representatives of Orrin Thompson Homes were present. There were no objections to the project. Parranto moved to close the hearings, and Smith seconded the motion, to order in the project and to authorize the City engineer to prepare the plans and speci- fications. All members voted yes. PROJECT #284 - WINDTREE ADDITION IMPROVEMENTS The next public hearing convened by acting Mayor Wachter was the Windtree Addition utility and street improvements - Project #284. Mr. Rosene, the City Engineer, explained the project and there were no objections to the project. He indicated that Phase 1 would be constructed in the spring of 1980 and that rates in existence for subsequent phases ordered in would be those that would be assessed against the property. Smith moved and Egan seconded the motion to close the hearing, to order in the project on the basis of the recommendations mentioned above and to order the plans and specifications to be prepared by the City Engineers's office. All members voted in favor. City Council Minutes November 7, 1979 Page Seven PROJECT #286 - DEEP WELL #6 The next public hearing convened by the acting Mayor concerned Deep Well #6 - Project #286. Mr. Rosene reviewed the proposal and indicated that negotiations were taking place with Univac for further well sites on the Univac property which would include Deep Well #6. There were no objections and there were questions about phasing in the future wells in the City. Egan moved and Smith seconded the motion to close the hearing, to order the project in and to authorize the City Engineer to proceed to prepare the plans and specifications. All members voted yes. ELLIOT AUTO SUPPLY - WAIVER OF PLATTING The application of Rauenhorst Corporation for waiver of platting for Lots 8, 9, 10, 12 and 13, and setback variances for Lots 12 and 13, Block 4, Eagandale Center Industrial Park was next considered. Michelle Foster of Rauenhorst appeared and ex- plained that a letter had been presented from the City signed by Mr. Badzin of Elliot Auto Supply Company which intends to construct a building on the lots and that the waivers are necessary in order to commence construction with platting to be completed prior to occupancy and final inspection. In addition, the buildings will not cover more than 35% of the final lots as they are finally drawn under the final plat and Ms. Foster agreed with that provision. Further, there was discussion concerning the recommendation of the City Public Works Director that the storm sewer be installed connecting Burnside Avenue on the West and Eagandale Boulevard which should be completed prior to occupancy of the building on the parcels involved in the application with 100/ of the assessments levied against the lots under this application. Ms. Foster indica- ted that the applicants agreed with the proposal including the assessments. Parranto moved and Egan seconded the motion to approve the application including waiver of platting and setback variance in addition to the letter proposal submitted by Mr. Badzin with no greater than 35% of lot coverage to be constructed on the lots; subject, however, to the understanding that the final resolution and agreement will provide all of the recommendations of the Ad- visory Planning Commission and the City Council, including the following: 1. That the entire area be replatted prior to occupancy of the new office warehouse. 2. That the parking area be surfaced and concrete curbing be provided around the perimeter of the parking area. City Council Minutes November 7, 1979 Page Eight 3. That a detailed landscape plan be approved by the City staff and a landscape bond of $2,000 be submitted and not released until one (1) year after the landscaping has been completed. 4. That all necessary easements shall be provided with the replat. 5. That the total area of the two lots shall not exceed the 35% lot coverage. 6. Further, subject to a maintenance common wall agreement, etc. All members voted in favor. R 79-82 I.R. BOND REQUEST - ELLIOT AUTO SUPPLY The public hearing set for October 16, 1979, regarding the application for $1 million industrial revenue bonds by Elliot Auto Supply, Inc., was reconvened. Finance Committee Member Par- ranto reviewed the report of the Finance Committee recommending approval indicating that information requested has been submitted and reviewed. Parranto moved and Smith seconded the motion to approve the request of Elliot Auto Supply, Inc., for industrial revenue bonds in the amount of $848,000 pursuant to the conditions imposed by the Finance Committee and according to all applicable regulations of the City. All members voted yes. SEE BOND FILE MAROTZKE ADDITION PRELIMINARY PLAT Mr. Earl Marotzke appeared on behalf of his application for preliminary plat approval for Marotzke Addition and for variance of one overlength cul-de-sac and four undersized lots located in the NE -14 of the SE -14 of Section 36 on Gun Club Road. The APC recom- mended approval subject to certain conditions with some changes in the proposed plat. There were no objections to the application. Discussion concerning the need for recorded public right of way easements for Gun Club Road to County Road #3 and the Public Works Director recommended adequate right of way easements be acquired for future road construction. Mr. Marotzke indicated that he could assist in acquiring all easements on the South side and partial easements on the North side of Gun Club Road. Smith moved and Egan seconded the motion to approve the application subject to the Advisory Planning Commission recommendations, further subject to the acquisition of all necessary easements for 33 foot half right of way on the South side of Gun Club Road to Highway #3 and all possible easements on the North side for at least a 33 half right of way prior to final plat approval including the following recommendations: U 28 City Council Minutes November 7, 1979 Page Nine 1. An agreement be signed by the owner that when utilities are available to this site he or his successors would not object to his fair share of the assessments. 2. That roads be brought up to a standard that the City coulc accept Gun Club Road as a public street. 3. That the house locations should follow the proposed sketch plan in order to carry out plans for the future subdivision of the property. 4. That the proposed plat should be subject to the park dedication requirement. 5. That all grading, drainage and utility easements should be approved by the City Engineer. 6. That a 10 foot drainage and utility easement be dedicated along all rights of way and centered over all common property lines. 7. That the plat not be approved until sufficient right of way have been obtained providing for a full 60 foot right of way access from Trunk Highway #3 to the West edge of this plat. All members voted in favor. D 79-144 OFF-SALE LIQUOR LICENSE - SILVER BELL SHOPPING CENTER The application of Mahmood Aghassi for off-sale liquor license at Silver Bell Shopping Center was next presented to the Council. Mr. Roger Sax, attorney, appeared for Mr. Aghassi as did Mr. Aghassi. There was discussion by the Council and Mr. Sax concerning the City Council policy granting off-sale liquor licenses stating that the 1973 policy procided for two off-sale liquor licenses in the City. It was noted that there were two existing off-sale liquor license stores and the intent of the Council was to preclude duplication of facilities in close proximity to each other. There were questions by Mr. Sax as to the basis for main- taining the policy originally adopted by the Council on February 22, 1973. Councilmen Smith and Egan explained some of the reasons including the proximity of one location to another, health and welfare of the community including safety, platting and development including the comprehensive planning of the City, social arguments concerning an overabundence of liquor licenses, the discretionary powers of the Council, the fact that the Council has been consistent in location in the granting of such licenses, the impact upon other licensees, the close location of other stores in neighboring com- munities, etc. It was further noted that there was an application G 28 City Council Minutes November 7, 1979 Page Ten for a Montessori School within the same shopping center later in the agenda and further that at least one other off-sale liquor license application had not been granted approval recently on the basis of the existing policy. It did not appear according to the Councilmen that the basis for the policy had changed since 1973 when if was first adopted. After considerable discussion, Egan moved and Smith seocnded the motion to deny the application on the basis of its being contrary to City Council policy of February 22, 1973, and for reasons including those noted above and the fol- lowing: 1. It did not appear to be justified in terms of need. 2. The location appeared to be unsuitable for the reasons described above. 3. That the location appeared to be too close and within about 2 blocks of an existing off-sale liquor license. 4. That the policy of 1973 did appear to be valid in light of present conditions. 5. The planning and development of the entire community including the comprehensive plan now in process appeared to preclude change in the policy and offer basis for denial. 6. The discretion of the Council in granting or denying liquor licenses appears to be overriding and gives the Council the right to deny in light of the reasons stated in the motion. 7. The social argument of the grant of liquor licenses dic- tates the setting of policies concerning grant of liquor licenses. 8. The Council had been consistent in the grant of off-sale liquor licenses throughout the community. 9. There could be an adverse impact upon other licensees in the City, particularly in close proximity to the proposed loca- tion. 10. The policy is also based upon the location of off-sale liquor licenses in neighboring communities, certain of which are in close proximity to the proposed location. Those in favor: All Council Members. Against: None. 00286 City Council Minutes November 7, 1979 Page Eleven HERREGAN I.R. BONDS `,e City Administrator submitted the final resolution to consider industrial revenue bonds for Herregan Distributors Inc. in the amount of $1,200,000 noting that the preliminary resolu- tion was approved in October 2, 1979, when the public hearing was held. The applicant requested a continuance of the issue and no action was taken. LAKESIDE ESTATES - WAIVER OF PLAT The application of Thomas Waite, Wayne Kittelson and Dick Rosenberg for waiver of plat for Lots 2, 3, 4, 5, and 6, Block 1, was next considered by the Council. The Planning Commission recommended denial. Mr. Kittelson and Mr. Rosenberg were present and there was no opposition or objection at the Council meeting. It was noted that the Council had acted on a waiver of the subdi- vision at an earlier meeting concerning other lots and had granted that application. The proposal would restore the lines to the ori?inal lot lines and all easements would be vacated and new ease- ments renewed. Smith moved and Egan seconded the motion to approve the application with the condition that the Council vacate the easement which presently exists on Lots 3 and 6 and obtain necessary easements on all newly created lot lines, all at the cost of the applicant. All members voted in favor. R 79-83 HIDDEN OAKS ADDITION FINAL PLAT The application of John McDonald and Harold Dokmo for final la approval for Hidden Oaks Addition was reviewed by the Council members. Larry Frank appeared for Mid-Continent Equities Corpora- tion, the owner. Egan moved and Smith seconded the motion to ap- prove subject to the ordinance requirements and the applicable conditions for the plat. All members voted in favor. R 79-84 D 79-145 EAGAN METRO CENTER SECOND ADDITION FINAL PLAT The application of Metram Properties for final plat appro- val of Eagan Metro Center Second Addition was reviewed. At the request of the staff, the matter was continued to the November 20th meeting. .z City Council Minutes November 7, 1979 Page Twelve BRITTANY SECOND ADDITION The application for Carl Tollefson for final plat approval of Brittany Second Addition was discussed by the Council. At the request of the applicants, the application was continued indefinite- ly for further information and review. BRIAR HILL ADDITION GRADING PERMIT Carl Tollefson submitted an application for grading permit for Briar Hill Addition, Phase 1. Council Members indicated that they have not seen the application for preliminary plat which will be considered at the next meeting and requested that the matter be continued to November 20th. Smith moved and Egan seconded the motion to continue the application until November 20th. All members voted yes. JOHNNY CAKE RIDGE ADDITION AND JOHNNY CAKE RIDGE SECOND ADDITION FTNAL PLATS The application of Orrin Thompson Homes for final plat approval of Johnny Cake Ridge Addition and Johnny Cake Ridge Second Addition was received by the Council. City Administrator Hedges indicated that the staff had met and reviewed the proposal in detail and also a development agreement together with escrows was submitted to the Council. Mr. Bob Carlson of Orrin Thompson Homes was pre- sent. After discussion, Smith moved and Parranto seconded the motion to approve the final plats of Johnny Cake Ridge Addition and Johnny Cake Ridge Second Addition subject to all conditions imposed by the Council on the preliminary plat, the submission of final development agreement escrows and all park requirements including park dedication requirements and applicable ordinances. All members voted in favor. R 79-85 D 79-146 INDUSTRIAL REVENUE BONDS FEE POLICY Tom Hedges submitted the recommendation of the Finance Committee that a $500 base fee together as an application fee to- gether with with other fees required for the processing of indus- trial revenue bond applications be approved by the Council. Smith moved and Parranto seconded the motion to approve the recommendation of the Finance Committee. All members voted in favor. r"DZI 8 City Council Minutes November 7, 1979 Page Thirteen ROSEMOUNT COMPANY I.R. BONDS The application of Rosemount Company for industrial reve- nue bonds for acquiring and expanding the industrial building loca- ted at 1256 Trapp Road was submitted to the Council. Smith moved and Egan seconded the motion to set a public hearing on December 18, 1979, at 7 p.m. at the City Hall. All members voted yes. SEE BOND FILE J.P.K. PARK COMPANY I.R. BONDS The application for industrial revenue bonds was submit- ted by J.P.K. Park company for a shopping center called Nicols Station Shopping Center on Nicols Road and County Road #30. Smith moved and Egan seconded the motion to schedule a public hearing for December 18, 1979, at 7 p.m. at the Eagan City Hall. Those in favor were: Smith, Egan and Wachter. Those against: None. Abstention: Parranto. SEE BOND FILE LE-AN'S SUPPER CLUB TRAILER PERMIT Elmer Scott appeared representing Le-An's Supper Club requesting a permit for a trailer to be located behind the restau- rant to be occupied by his son so that insurance premiums can be reduced substantially for the property. He indicated that the hardship was that vandalism has occurred in the restaurant and insurance rates will be reduced if an occupant is located next to the restaurant and also for fire prevention purposes. He stated that the permit would be for only one to two years maximum. Smith moved and Egan seocnded the motion to approve the application on an annual renewal basis and that landscaping be approved by the City. Those in favor were: Wachter, Egan and Smith. Against: Parranto. Councilman Parranto was concerned about the safety issues and indicated that the Police Department would be able to answer the calls without any abnormal delay. MONTESSORI SCHOOL SPECIAL PERMIT The application of Mr. Everson for a special permit for a Montessori School in Silver Bell Shopping Center was next received by the Council. Mr. Everson was present as was the rental manager for the Center. It was proposed that the Eagan-Burnsville Montes- sori School would be relocated from the Easy Street Apartments to the Silver Bell Shopping Center. It was noted that there were 4900 square feet located in the North 2 units of the Center, that the property is presently zoned N-B, Neighborhood Business District, and acording to uses within the District, the school is not a per- mitted use nor a conditional use and therefore special permit would be required upon Council descretion. The definition of N-B is CJ; City Council Minutes November 7, 1979 Page Fourteen small business areas located in the center of a residential neigh- borhood to serve daily retail needs of adjoining residents. An outside play area of about 4000 square feet directly North of the building was proposed surrounded by a chain link fence. The report of the City Planner, Dale Runkle, on November 5th indicated that it was the staff's opinion that the play area would not be conducive to the shopping area because of the high volume of traffic the shopping center would generate with delivery trucks and semi trucks including autos to be driven around the play area. He stated that normally schools are located in residential areas or areas zoned Public Facilities that do not have high traffic congestions. The plan would eliminate 8 to 10 parking spaces. Mr. Everson indicated that he expected he could receive all local and state permits. The manager of the Center stated that the higher volumes stores would be at the South end and also suggested asphalt speed bumps be installed to control traffic around the play area. Mr. Everson stated that there would be about 125 children and the play area would comply with state regulations. It was noted that the play area would take up part of the traffic flow design and Councimembers expressed their objections as noted above. Egan moved and Parranto seconded the motion to deny the applicaiton because it appeared to be an inappropriate location, that there would undoubtedly be a better location thatn a shopping center in the City, for the reasons stated in the City Planner's report of November 5, 1979, and for reasons including those cited above and the following: 1. N-B District is intended for small business purposes. 2. 8 to 10 parking spaces would be removed. 3. A school in a shopping center is not an appropriate use. 4. The traffic around the center would be interrupted. 5. The truck traffic would not be conducive to a play area for young children. 6. The City Planner recommended denial. All members voted in favor. 1980 KENNEL LICENSE RENEWALS Smith moved and Wachter seconded the motion to approve the following kennel licenses for the next year: William Able - 3506 Lexington Avenue South John and Robin Clarey - 3555 Trails End Road City Council Minutes November 7, 1979 Page Fifteen Don Sandburg - 1560 Yankee Doodle Road Arlene Allen - 4790 South Robert Trail All members voted in favor. PROJECT #79-21 - BIDS The bids were received for Improvement Project #79-21 on Thursday, October 25, 1979, at 2 p.m. at the Eagan City Hall. The low bid was submitted by McNamara-Vivant in the amount of $263,835.00 compared with the Engineer's estimate of $286,000.00. The Public Works Director recommended approval of the low bid. Parranto moved and Smith seconded the motion to approve the low bid for Project #79-21 of McNamara-Vivant described above. All members voted yes. D 79-147 BEER AND LIQUOR LICENSE FEES City Clerk, Alyce Bolke, submitted a short resume of on-sale and off-sale liquor license fees in neighboring communities for review with possible revision by the Council. It was noted that the legislature permits communities to set a club license fee without limitation under present law. There was discussion concerning the one club liquor license at the Lost Spur and it was noted that it appeared that the Lost Spur may be permitting persons to use its bar facilities without membership in the club or with a very small $5 membership fee. Smith moved and Parranto seconded the motion to increase club license fees to one-half the existing on-sale liquor license fee. All members voted in favor. D 79-148 FIRE STATION #3 CHANGE ORDER NO. 2 Change Order No. 2 to Fire Station #3 to add $330 for 8 inch bearing wall and footing was recommended for approval by the Fire Department. Wachter moved and Smith seconded the motion to approve the recommendation. All members voted in favor. SWEITZER CONSTRUCTION PAY ESTIMATE NO. 2 The staff recommemded approval of pay estimate No. 2 to Sweitzer Construction Sompany in the amount of $39,123 for the fire hall contract. Smith moved and Egan seconded the motion to approve the payment of pay estimate No. 2. All members voted yes. PROJECT #79-20 - DUCKWOOD DRIVE IMPROVEMENTS It was noted that bids were received for Improvement 0Cx91 City Council Minutes November 7, 1979 Page Sixteen Project #79-21 for Duckwood Drive and Denmark Lane street improve- ments and after a telephone poll, the low bidder was permitted to proceed with construction due to the lateness of the construction season. The low bid was from McNamara-Vivant in the sum of $176,530 and the contract was recommended for approval. Wachter moved and Egan seconded the motion to approve the low bid of McNamara-Vivant in the above amount. All members voted in favor. PROJECT #251 - HEINE ADDITION STREET LIGHTS It was noted that street lights have now been installed in Heine Addition under Project #251 and the staff recommended approval and acceptance by the City. Upon motion by Smith and seconded by Wachter, it was RESOLVED that the project be approved and accepted and that an assessment hearing be scheduled for De- cember 18, 1979, at 7 p.m. at the City Hall. All members voted yea. PROJECT #79-13 - FRONTAGE ROAD A WATER MAIN The bids for Improvement Project #79-13 consisting of Project #275 were received on November 1, 1979, at 3 p.m. The low bid was submitted by Richard Knutson, Inc., in the amount of $68,102 with Engineer's estimate of $78,000. Egan moved and Wachter seconded the motion to accept the low bid and to authorize the award of the contact to Richard Knutson, Inc., in the sum mentioned above. All members voted yes. DAKOTA HOMES SALES LOT CONDITIONAL USE PERMIT The application of Dakota Homes for annual renewal of the conditional use permit covering the mobile home sales lot on Highway #49 near Yankee Doodle Road was next considered. Smith moved and Egan seconded the motion to approve the renewal of the conditional use permit. All members voted in favor. DODD ROAD STREET IMPROVEMENT EASEMENTS City Attorney Paul Hauge reviewed some of the progress on the road easements on Dodd Road and indicated most of them had been received, except the following: 1. Michael Dineen Property. The City Engineer and the City Attorney recommended that the residue parcel purchased by the City from Lexington Park, Inc., adjacent to the Dinneen property on the East side of Dodd Road be exchanged without cost to the Din- neens for the grant of the sanitary sewer easement along the North line and a ponding easement, and in addition, the permanent and slope easements along Dodd Road be acquired from Mr. and Mrs. Din- neen. Smith moved and Wachter seconded the motion to approve the recommendation. All members voted in favor. u.~.0 City Council Minutes November 7, 1979 Page Seventeen 2. Frederick Lauer Property. It was noted that the Lauers have agreed to consent to enter and commence construction adjacent to their property. Wachter moved and Smith seconded the motion to approve the proposal of the Lauers for the grant of consent for construction to permit the contractor to proceed. All members voted yes. 3. Paul Dehler Property. The Council reviewed the progress on the acquisition o an easement on the Dehler property adjacent to and North of Cliff Road and it was noted that no agreement has been reached on acquisition of easements from the Dehler family. In the event that no easement can be acquired, the City Engineer was instructed to proceed to construct the road within the existing Dodd Road right of way. PATRICK MCCARTHY - PATRICK EAGAN PARK Paul Hauge reportd to the Council the progress concerning the Park Director's and his negotiations with Patrick McCarthy concerning the proposed purchase of 10 acres on Deerwood Drive extended as a part of Patrick Eagan Park. It appeared that the State Planning Agency would grant a revision in the funding and the demand of the McCarthy family was the sum of $50,000 for the purchase of the 10 acres. After discussion, Smith moved and Wachter seconded the motion to approve the purchase of 10 acres of land as proposed by the Park Committee from the McCarthy family and that the staff be directed to proceed to complete the acquisition. All members voted in favor. DR. FRANK NUTTALL STORM SEWER EASEMENT Bob Rosene and Paul Hauge reviewed with the Council the request of Dr. and Mrs. Frank Nuttall for the proposed storm sewer easement across their property on the North side of Cliff Road lying East of Ches Mar East First Addition. The estimated cost was $3,000 to add a storm sewer pipe, dredge the pond and insert a culvert under the Nuttall driveway. Because of the need to pro- vide for drainage of the storm water from Ches Mar East First Addi- tion, Parranto moved and Wachter seconded the motion to authorize a change order to Improvement Project #261 for utilities in the Ches Mar Estate First Addition in the approximate amount of $3,000 according to the recommendation mentioned above, and it was under- stood that the improvements will be assessed under Improvement Project #261. All members voted in favor. CITY HALL CHURCH SERVICES Mr. Hedges indicated that a request had been submitted for church services for a six week period in the City Hall starting Sunday, November 11th. Wachter moved and Egan seconded the motion to authorize the use of the Hall for the church services with the payment of $25 per Sunday plus the cost of having a custodian pre- sent. All members voted yes. rFr~e Off Z..~ 3 City Council Minutes November 7, 1979 Page Eighteen SAFARI ESTATES RESERVOIR SITE Tom Hedges and Paul Hauge discussed with the Council the negotiations that have been taking place between the staff and Byron Watschke from Fortune Realty regarding the proposed reser- voir site in the Safari Estates area. A question had arisen as to whether the $50,000 payment to be made by Fortune Realty was to include the park donation and council members clearly indicated it did not. Council members stated that the extra cost for the change in location from the Safari Estates #1 site and the Seig site of up to $50,000 would be paid by the Safari Estates developers in the form of a letter of credit and construction of the Seig site would be done within a reasonable time. No formal action was taken and further negotiations were directed. POSTAGE MACHINE A report from Finance Director VanOverbeke :reviewing the proposed lease or purchase of a Pitney-Bowes or Freiden postage machine was discussed. Mr. VanOverbeke recommended a 36 month lease with Pitney-Bowes at $80 a month billed quarterly, noting it could be purchased at any time upon terms proposed. Smith moved and Wachter seconded the motion to approve the recommendation and authorize the lease of the Pitney-Bowes metered postage machine. All members voted yes. DREXEL HEIGHTS ADDITION CONSTRUCTION Public Works Director Colbert recommended approval of payment of $15,699.92 to Frederickson Excavating Compnay as the first installment on the reconstruction work on utilities for Drexel Heights Addition. Wachter moved and Smith seconded the motion to approve the recommendation. All members voted in favor. HENRY BRAUN - DREXEL HEIGHTS ADDITION Mr. Colbert recommended the sale of Outlot A originally intended for park purposes to Mr. and Mrs. Henry Braun for the sum of $3,300 and in return, acquisition of consent to enter upon the Braun property for purposes of utility reconstruction in the Drexel Heights Addition project. The Park Committee had reviewed the recommendation and approved the sale because the lot was not appropriate for park use, because of maintenance problems and does not fit into the park program. Smith moved and Egan seconded the motion to approve the sale for $3,300 according to the recommen- dations of the Park Committee and Public Works Director. All mem- bers voted yes. 299 City Council Minutes November 7, 1979 Page Nineteen PROJECT #221A CHANGE ORDER - DUCKWOOD ESTATES UTILITIES Mr. Colbert then recommended approval of the Change Order to Project #221A consisting of utilities in Duckwood Estates as follows: Part 1 - $1,800; Part 2 - $4,900; Part 3 - $5,000 for at total of approximately $11,800 noting the improvements will be assessed to the developer and installed at the request of the developer. Egan moved and Wachter seconded the motion to approve the Change Order as recommended. All members voted yes. IMPROVEMENT #79-17 - PLANS AND SPECIFICATIONS - SAFARI ESTATES Plans and specifications for sanitary sewer, water, and storm sewer in Safari Estates plat were submitted by the City Engi- neer. Parranto moved and Egan seconded the motion to approve the plans and specifications, to authorize the Clerk to advertise for bids to be opened on Novmeber 29, 1979, at 3 p.m. at the City Hall. All members voted yes. TERRY PASKEY AND CHARLES GOBIEL RESIGNATIONS Smith moved and Wachter seconded the motion to accept the resignation of Engineering Department secretary Terry Paskey and the resignation of Charles Gobiel, maintenance, and to authorize Mr. Colbert to solicit request for replacements. All members voted in favor. EAGAN METRO 2ND ADDITION Mr. Colbert discussed with the Council a storm sewer outlet Northerly from Eagan Metro Second Addition and recommended that the developer be required to post a guarantee covering the cost of installation of that storm sewer which would benefit the Eagan Metro 2nd Addition property at the present time. A petititon was submitted for the improvements by the developer. Egan moved and Wachter seconded the motion to accept the petition and to re- quest the City Engineer prepare a feasibility report. All members voted in favor. VOUCHERS Egan moved and Parranto seconded the motion to approve the following vouchers: 830-837; 9094-9176; 13592-13710. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:45 a.m. All members voted in favor. DATED: November 7, 1979 PHH City Clerk CITY OF EPr\N NOVEMBER 6, 1979 1979 MUNICIPAL ELECTION RESULTS REGISTERED VOTERS: 848 882 771 1303 948 1098 896 655 1144 1031 1094 10,670* Fire Pilot High Cedar Fire Baptist City Northvi Rahn Christ Easter Station Knob Site Elem. Statio Church Hall Elem. Elem. Luth. Luth. PRECINCTS 1 #2 2 Ele . 3Man 4 5 #1 6 7 8 9 10 11 TOTAL MAYOR BEA BLOMAUIST 150 120 81 144 65 87 95 93 166 133 220 1354 LEO MURPHY 134 44 86 103 69 71 108 100 120 90 146 1071 Write-In 2 CITY COUNCIL JAMES SMITH 139 118 86 165 83 103 96 90 197 135 212 1424 PAUL TAYLOR 157 51 91 86 66 60 112 106 116 112 182 1139 TED WACHTER 211 124 132 194 98 137 165 147 204 153 275 1840 Write-In 1 1 6 TOTAL BALLOTS CAST: 2443 App d: November 7, 1979 * 170 voters registered at the polls GA CITY COUNCIL: MAVnR CITY OF EAGAN CITY ELECTION NOVEMBER 6, 1979 WRITE-IN VOTES MAYOR Precinct 2: Herb Polzin / Sven Borgerson / COUNCIL Precinct 2: Bill Rydrych / Precinct 9: John Valo Precinct 10: Win Scott / Karl Heine / Steve O'Neill / Robert Trevis / Myrle Lundsten I Jean Loken /