11/20/1979 - City Council Regular
00 293
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
NOVEMBER 20, 1979
A regular meeting of the Eagan City Council was held
on November 20, 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 Engineer Rosene, City
Public Works Director Colbert, City Administrator Hedges and City
Attorney Hauge.
AGENDA
Wachter moved and Egan seconded the motion to approve
the agenda as distributed. All members voted yes.
MINUTES
Egan moved and Wachter seconded the motion to approve
the minutes of the regular meeting of November 7, 1979, with the
exception on Page 1, the low bidder was Dain, Bosworth, and on
Page 14, regarding Le-An Supper Club, the Police Department would
be able to answer the calls without any abnormal delay. All members
voted yes.
POLICE DEPARTMENT
Chief Martin Deslauriers appeared with quotations for
a 1978 Oldsmobile Diesel squad car. The low quote was from Malker-
son Oldsmobile for $7,345.64 and Chief DesLauriers recommended
approval. Wachter moved and Egan seconded the motion to accept
the low quotation from Malkerson Oldsmobile in the amount mentioned
above. All members voted yes.
PUBLIC WORKS COMMITTEE
Public Works Director Colbert reported and indicated
that a petition had been received from certain residents of Highview
Avenue requesting street improvements from Pilot Knob Road to 120
feet West of Highridge Terrace. Wachter moved and Parranto seconded
the motion to instruct the City Engineer to prepare a feasibility
report. All members voted yea.
MR. AND MRS. PAUL TESKE - 2292 CLARK STREET
Mr. and Mrs. Paul Teske appeared at their request infor-
mally to discuss with the Council their request that the Council
allow the State Building Inspector to reinspect their home which
was built in mid-1976 claiming that there were certain defects
in construction by Windsor Development Company. They stated there
was no insulation in certain locations and that a lawsuit has been
commenced against Windsor Development which will be heard in Court
in early December. A letter from Building Inspector Peterson to
City Council Minutes
November 20, 1979
Page Two
the State Building Inspector was reviewed requesting reinspection
and no action was taken by the Council.
D 79-149
EAGAN HOUSING PLAN
The continued public hearing regarding the housing plan
for the City of. Eagan which was first heard by the City Council
on August 21, 1979, and continued on October 2, 1979, was again
convened by Mayor Murphy at 7:15 p.m. Mayor Murphy vacated the
chair and turned the meeting over to Acting Mayor Wachter while
he presented some of his views regarding the plan. In addition,
a memorandum from the City Administrator had been distributed to
the Council on the history of the plan over recent months. Mayor
Murphy indicated that he was opposed to the government getting
into the housing business and was concerned about alleged lowering
of values of surrounding homes in the event of the purchase of
scattered site housing by the H.R.A. He was concerned about real
estate tax loss and he claimed more police calls were made in sub-
sudized units than in non-subsidized units. Mayor Murphy then
reassumed the chair and Mr. Hedges reviewed the comprehensive land
use plan progress as did John Voss of Urban Planning and Design.
Mr. Voss explained the role of the housing plan in the entire com-
prehensive planning process and stated he expected that public
hearing would be held in March and in April on the entire plan
but that the tax exempt financing bond issue being proposed for
about 350 potential home owners could be issued as early as January
or February of 1980. 6300 housing units are proposed with 1540
low and moderate income units were projected by the Metropolitan
Council. Nan McKay, the Dakota County H.R.A. Director, was present
and explained certain aspects of the scattered site housing plan
to the audience. A large number of residents were present, many
of whom objected to the scattered site housing proposal of 100
maximum units or 10 units per year and others spoke in favor of
the proposal. Ms. McKay stated that there would be up to a 100
unit goal and the Dakota County H.R.A. had not committed itself
to a 10 year goal at 10 units per year. She stated that the low
and moderate income could be done by City Council option either
publicly or privately through scattered site or project housing
all of which would be allowed by the Metroplitan Council standards.
Mayor Murphy suggested public meetings in various schools for addi-
tional public input be scheduled. Councilman Smith explained the
need for promulgating a plan including low and moderate income
housing in order to qualify for state and federal grants and re-
viewed the large number of grants that have been received by the
City during the past year and the ranking of the City of Eagan
with other metropolitan communities regarding recreation facilities,
etc. Smith then moved and Parranto seconded the motion to continue
the public hearing until the December 4, 1979, Council meeting
at 7 p.m. at the Eagan City Hall. All members voted in favor.
The public hearing was completed at 8:30 p.m.
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City Council Minutes
November 20, 1979
Page Three
HERREGAN I.R. BONDS
The final resolution for industrial revenue bonds for
Herregan Distributors, Inc., was next discussed. There were no
objections and staff recommended approval. Smith moved and Wachter
seconded the motion to approve the final resolution for the Z.R.
Bonds for up to $1,200,000 subject to all applicable statutes,
City regulations and ordinances. All members voted in favor except
Parranto who abstained.
SEE BOND FILE
EAGAN METRO CENTER 2ND ADDITION FINAL PLAT
Mr. James Klungness was present for the application for
final plat approval of Eagan Metro Center 2nd Addition. The staff
recommended approval subject to all necessary conditions and ordi-
nances and Wachter moved and Egan seconded the motion to approve
the final plat of Eagan Metro Center 2nd Addition, including the
development agreement, subject, however, to compliance with all
necessary conditions and ordinance provisions. All members voted
in favor. Mr. Colbert then explained the outlot change in the
preliminary plat and final plat and there were concerns of the
Council regarding tax forfeiture of an outlot with public access.
Smith moved and Parranto seconded the motion to reconsider the
motion in light of the outlot issue. All members voted yes. Par-
ranto then moved and Egan seconded the motion to approve the final
plat subject to applicable conditions imposed by the City and City
ordinances and further, subject to submitting an agreement on behalf
of the developer to the City acceptable to the City Attorney that
can be recorded with the County Recorder's office that will provide
that real estate taxes on the outlot without public access will
be paid and kept current by the present owners or successors of
the owners. All members voted in favor.
R 79-86
D 79-150
LAKE PARK ADDITION FINAL PLAT
The staff recommended approval of the final plat of Lake
Park Addition. Mark Parranto appeared for the applicant and re-
viewed the final plat with the Council. Smith moved and Wachter
seconded the motion to approve the final plat subject, however,
to compliance with all necessary ordinance requirements and condi-
tions imposed by the City including park dedication. All members
voted in favor except Parranto who abstained.
R 79-87
D 79-151
City Council Minutes
November 20, 1979
Page Four
BRIAR HILL PRELIMINARY PLAT, ZONING AND GRADING PERMIT
Mr. Bill Dolan, engineer, and Mr. Carl Tollefson, develo-
per, appeared on behalf of the application of Tollefson Builders,
Inc., for preliminary plat approval, for rezoning from R-4 to R-
3, Planned Development, and for grading permit for Briar Hill.
The A.P.C. recommended approval of the preliminary plat and zoning
from R-4 to R-3, Planned Development, subject to certain conditions.
Neighboring residential owners were present and had concerns about
the two quadrominium parcels abutting single family property and
other concerns about parking and driveways. Mr. Tollefson stated
that a landscape buffer consisting of at least 5 foot trees will
be provided and the totlot would be installed at the developer's
expense. The staff recommended that the cul-de-sac circumference
not be changed according to the plan from the proposal and there
was a suggestion for duplexes rather than four-plexes in the two
locations nearest the single family houses. In addition, Mr. Tol-
lefson indicated that berming would be installed if requested.
In addition, a variance was requested for one quadrominium lot
without public street access and because of the closeness to single
family houses, it was suggested that the reduction of the pipeline
easement width be investigated. In addition, it was recommended
that a ponding easement be acquired in the Southwest corner of
the plat for permanent City Storm drainage ponding. There were
concerns about adequate private access to the quadrominium consis-
ting of Lot 17 through 20, Block 2, in phase two which would be
checked in more detail and would comply with the ordinances. In
addition, Mr. Tollefson asked for a building permit for one model
quadrominium. Wachter moved and Smith seconded the motion to rezone
the property from R-4 to Planned Development with underlying Agri-
cultural zoning. All members voted yes except Murphy who voted
no. Mayor Murphy objected to the R-3 adjacent to existing R-1
housing. Parranto then moved and Egan seconded the motion to ap-
prove the preliminary plat subject, however, to the following:
1. That the lot consisting of Lot 17 through 20, Block 2,
Phase 2, driveway widths be resolved satisfactorily to the City
staff, Fire Department and ordinances.
2. That landscaping at the top of the hill adjacent to the
single family homes be installed in compliance with requirements
and with review by the neighboring owners.
3. That the developers attempt to reduce the pipe line ease-
ment to 66 feet in order to allow the cul-de-sac to move to the
West to afford greater buffer from the neighboring single family
properties.
4. The lot lines shall be extended to include the drainage
area and a drainage easement shall be granted to the City as deter-
mined by the Director of Public Works.
City Council Minutes
November 20, 1979
Page Five
5. The developer shall be required to construct a sidewalk
along the South side of Silver Bell Road and minimum 8 foot wide
asphalt walkways at internal locations as shown on the preliminary
plat.
6. That park dedication shall be satisfied by a per unit
(148 units) cash donation prior to the release of the final plat
for filing.
7. That variances shall be granted for the two overlength
cul-de-sacs (540 feet from Gold Trail and 545 feet internal cul-
de-sac).
8. That grading, drainage and utility plans shall be approved
by the Director of Public Works prior to approval of the final
plat.
9. That a planned development agreement shall be executed
prior to approval of the final plat. The agreement shall detail
landscape plans to be approved by the City, phasing plans and simi-
lar detail contained in the agreement.
10. That the planned development shall be approved for five
(5) years.
11. That the developer shall construct a tot-lot area at
his sole expense according to plans submitted and approved by the
Park Director.
12. That a minimum 40 foot building setback shall be provided
along Silver Bell Road.
13. That individual lots and blocks shall be numbered rather
than the buildings.
14. That all applicable ordinance requirements be complied
with.
15. That the homeowners association bylaws and regulations
shall be approved by the City staff.
16. That a variance be granted for one quadrominium lot with-
out public street access - Lots 17 through 20, Block 2, Phase 2
to procide private access.
17. That landscaping provisions as requested by adjacent
owners be approved by the staff.
18. A cash per unit park dedication shall be contributed
according to the City formula.
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City Council Minutes
November 20, 1979
Page Six
19. The developer shall construct an 8 foot wide internal
trail system to allow for easy access to Wbo dhaven Park according
to all specifications which shall be owned and maintained by the
homeowner's association.
All members voted in favor except Mayor Murphy who voted no. Par-
ranto then moved and Egan seconded the motion to approve the appli-
cation for grading permit and for building permit for one quadro-
minium in phase 1. All members voted yes except Mayor Murphy who
voted against.
R 79-88
D 79-152
CEDARVALE 2ND ADDITION FINAL PLAT
The application for final plat approval for Cedarvale
2nd Addition consisting of Cedarvale Bowl property was next submit-
ted for approval. The City staff recommended approval subject
to installing concrete curbing on the Northwest side and adjacent
to the Country Club Market. Smith moved and Wachter seconded the
motion to approve the final plat subject to all conditions including
curbing installed on the Northesterly boundary of the property
recommended by the City staff. All members voted yes.
R 79-89
D 79-153
PLAINVIEW ADDITION - HARVEY BRAUN
Mr. Fridlund, architect, and Mr. Harvey Braun appeared
on behalf of Mr. Braun's application for setback variance for indus-
trial building and rezoning from I-1, Limited Industrial, to PD,
Planned Development District, for Lot 7, Plainview Addition, East
of Lexington Avenue. The APC recommended approval on October 23,
1979, subject to certain conditions. Mr. Fridlund indicated that
the setback variance requested was for 74 feet rather than 60 feet
as indicated in the Planning Commission minutes. The 4.7 acre
parcel will include on-site drainage at the present time and a
letter from MnDOT concerning the proposed highway construction
along Lexington Avenue was also reviewed. The applicants indicated
a masonry wal will be constructed along the South line adjacent
to the single family which will be compatible with the exterior
of the buildings proposed. The use of the buildings was discussed
and Councilmen were concerned that there be no ourside storage
and Mr. Braun agreed that this could be placed as a restriction
on the title to the property although temporary outside parking
will be permitted. Parranto moved and Egan seconded the motion
to rezone the property from I-1, Limited Industrial, to PD, Planned
Development, with underlying I-1, and further, for setback variance
ej
City Council Minutes
November 20, 1979
Page Seven
of 74 feet to provide for 26 foot setback from the south property
line subject, however, to all conditions of the Planning Commission
as follows:
1. That the owner/developer agree to a recordable restriction
against the title of the property to provide that there be no out-
side storage within the plat.
2. That a planned development agreement be approved by the
City prior to any construction on the site to be phased over five
years.
3. That an overall architectural scheme be approved to pre-
vent haphazard development prior to grant of approval of any final
plats.
4. That the buffer and landscaping along the McKee Addition
be completed with the first phase of development.
5. That a $2,000 landscaping bond be required prior to con-
struction and not released until one year after the landscaping
has been completed.
6. That the plan be reviewed by the Dakota County Plat Com-
mission and be subject to their comments.
7. That detailed grading and drainage plans be approved
by the City Engineer.
8. That the developer dedicate all easements required by
the City of Eagan.
9. That the existing house be converted to office or storage
prior to the completion of the development.
10. That a phasing plan be approved by the City of Eagan.
11. That the uses as designed earlier in this report not
change unless approved by the City.
12. That all applicable ordinance requirements be met.
13. That a 20 foot asphalt surface be installed at the develo-
per's expense on the street platted as First Street and be re-
stricted to emergency vehicles only.
14. That a temporary ponding area be constructed on-site
to handle on-site drainage and shall remain in effect until the
trunk storm sewer system is provided to service this lot.
O 30GO
City Council Minutes
November 20, 1979
Page Eight
15. That sufficient right-of-way be dedicated according to
MnDOT standards to provide for the relocation of of Lexington Ave-
nue.
16. That the internal parking lot dimensions be revised to
provide for a 10 foot parking stall width and sufficient number
of parking stalls at a location as specified by the City but that
construction of parking be reviewed periodically in the event that
10 foot parking stall width is not necessary based on construction
phasing.
All members voted in favor.
R 79-90
O.M.C. DISTRIBUTORS, INC., VARIANCE
Mr. James Kedly appeared on behalf of the application
of O.M.C. Distributors, Inc., for variance for lot coverage and
parking requirements for Lots 1 and 2, Block 2, Eagandale Center
Industrial Park No. 3. The proposed expansion of the building
of 9,333 square feet would increase the lot coverage to 38.9% which
is 3.9% over maximum building coverage under I-1 zoned property.
The present site plan contains 34 parking spaces and the require-
ment would be 53 parking spaces. The Planning Commission recom-
mended approval on October 23, 1979, subject to conditions. There
was considerable discussion concerning whether additional parking
should be required which would impose a variance in the setback
of the green space from Apollo Road or to allow variance to reduce
the parking below the ordinance requirements. There was discussion
concerning the possibility of buying land to the East and possibly
providing for parking under the Northern States Power easement.
Parranto moved and Wachter seconded the motion to continue the
application until the next meeting for the owners to investigate
further revisions to the plan including parking. All members voted
yes.
WINDCREST ADDITION PRELIMINARY PLAT AND REZONING
Mr. James Hill appeared on behalf of the application
of Niakwa Properties, Inc., for rezoning from Agricultural to PD,
Planned Development and preliminary plat approval of Windcrest
Addition lying between Deerwood Drive and Wescott Road East of
Pilot Knob Road. The APC recommended approval on October 23, 1979,
subject to the conditions outlined in the minutes. A number of
neighboring owners were present. Mr. Hill reviewed the proposal
which was a revision from an earlier plan done in mid-1979. The
proposal consisted of 77 acres with 56 single family lots, 16
duplexes with 32 units and 31 quadrominiums with 124 units. Mr.
Hill indicated that the density was reduced and the single family
00330
City Council Minutes
November 20, 1979
Page Nine
and duplexes were increased in numbers. There were some strong
objections of neighboring property owners present in the audience
to the proposed grade of Denmark to Deerwood and also objections
to the required upgrading of Deerwood Drive and the expected assess-
ments in the event that the project is approved. Mr. Robert Hanson
appeared and objected to the proposed road running Westerly across
the North portion of his property. Two petitions from homeowners
on Deerwood Drive were read which recommended delay until the Deer-
wood Drive upgrading is totally planned and costs are estimated.
They also objected to direct single family access to Deerwood Drive,
that all single family lots be zoned Estate District. Mr. Parranto
recommended that the quad.rominiums not lie adjacent to the R-1,
Single Family lots and Mr. Hill indicated that the develoopers
agree to reducing some R-4 units to R-2 as recommended by the Coun-
cil. Mr. Bill Rydrich was present and suggested the City Council
scrutinize closely the use of City funds for improvement of low
priority roads such as Deerwood Drive and requested a feasibility
study before the approval of the application. Wachter moved and
Egan seconded the motion to continue the applications until December
18, 1979, at 7 p.m. and to request the City Engineer to prepare
a feasibility study for street improvement for collector streets
and also all internal utility improvements and to report back to
the Council. All members voted in favor.
RAHN ADDITION REZONING AND PRELIMINARY PLAT
Mr. Mark Parranto appeared on behalf of the application
of J. E. Parranto, Inc., for the rezoning from Agricultural to
PD, Planned Development, and preliminary plat approval of Rahn
Addition lying West of Blackhawk Road in Section 20. The 5.27
acre parcel would contain 15 single family lots and 14 new resi-
dences. Lots range from 9,000 to 16, 400 square feet and Mr. Par-
ranto indicated that smaller lots conformed with Cedar Grove sized
lots with a reduction of up to $4,000 for the sale price of the
smaller lots. Smith moved and Egan seconded the motion to approve
the applications for rezoning from Agricultural to PD, Planned
Development, and preliminary plat approval of Rahn Addition together
with cul-de-sac variance as requested subject to the following
conditions:
1. That a sidewalk be installed along the West side of Black-
hawk Road at developer's expense or escrow sufficient funds at
City's option.
2. That the cul-de-sac in the Rahn Addition would provide
for a 60 foot variance.
3. That a planned development agreement shall be approved
by the City of Eagan.
00 OE;
City Council Minutes
November 20, 1979
Page Ten
4. That detailed grading and drainage plans shall be approved
by the City Engineer.
5. That all required easements shall be dedicated to the
City.
6. That buildings on Lots 8, 9, 10, and 11 should be required
to set back according to the 30 foot ordinance requirement.
7. That the existing house which is located on Lot 15 should
be platted with Rahn Addition.
8. That sufficient right-of-way be dedicated to provide
for a 40 foot half right-of-way adjacent to Blackhawk Road.
9. That sufficient drainage and utility easements be acquired
by the developer from properties immediately to the West for the
strom sewer outlet.
10. That drainage and utility easements be acquired by the
developer from the owners affected in Cedar Grove 7th Addition of
necessary width to provide for the connection of the sanitary sewer
installation.
11. That a comprehensive grading and drainage plan be sub-
mitted and approved by City staff prior to final plat approval.
12. That residential equivalent be escrowed for Lot 1 and
Lot 15 to cover the future assessment for the future upgrading
of Blackhawk Road.
13. That a cash per unit park dedication shall be contributed
according to City formula.
14. That the City investigate the possibility of installing
a sidewalk from Carnelian Lane along the park property in con-
junction with the sidewalk construction called for by the subdivi-
sion ordinance.
All members voted in favor except Parranto who abstained.
Wachter moved and Smith seconded the motion to approve
the preliminary plat of Rahn Addition subject to the understanding
that the City will assist in acquiring the necessary utility ease-
ment at the North at the developer's expense and further to include
the variance for cul-de-sac. All members voted in favor except
Parranto who abstained.
R 79-91
D 79-154
00309
City Council Minutes
November 20, 1979
Page Eleven
BEER AND LIQUOR LICENSE RENEWALS
A schedule of applications for on and off-sale beer,
liquor and wine, club and Sunday liquor license renewals was pre-
sented to the Council. Smith moved and Wachter seconded the motion
to approve the licenses, a copy of which is attached to the minutes.
All members voted in favor.
D 79-155
GOPHER SMELTING COMPANY BUILDING PERMIT APPLICATION
An application was submitted for an office addition South
of the existing Gopher Smelting building consisting of 5,700 square
feet. It was noted that the owner had abandoned the preliminary
plat for Gopher Eagan Second Addition and revised its construction
plans. Because the permit is on unplatted property, the building
permit application was submitted to the Council for approval.
The APC recommended approval with certain consitions. Upon motion
by Egan and seconded by Smith it was RESOLVED to grant the applica-
tion for building permit purposes subject to the following condi-
tions:
1. That the platting of the property be required at the
next stage of development of the facility.
2. That the parking area be surfaced and concrete curbing
installed in areas where the parking lot will not be expanded.
3. That a $2,000 landscape bond shall be submitted and not
released until one year after landscaping has been completed.
4. That parking spaces 10 feet by 20 feet be provided.
5. That the driveway be moved to the West of the property
as it abuts Yankee Doodle Road.
6. Written approval from Dakota County for access to Yankee
Doodle Road be acquired.
All members voted yes.
D 79-156
PROJECT #79-24 - CEDAR AVENUE TRUNK REPLACEMENTS
Bids for Improvement Project #79-24 were submitted by
Mr. Colbert with the low bid of Parrott Construction Company of
$126,994.10. Egan moved and Wachter seconded the motion to approve
the award of the contract to the low bidder. All members voted
in favor.
o0~.0
City Council Minutes
November 20, 1979
Page Twelve
PROJECT #79-22 - JOHNNY CAKE RIDGE ADDITION UTILITIES
The bids for Improvement Project #79-22 consisting of
utility improvements to Johnny Cake Ridge Addition were submitted
consisting of Project #283 and were opened on November 15, 1979.
The low bidder was Encon Utilities, Inc., for $548,207.50. Wachter
moved and Parranto seconded the motion to approve the award of
the contract to the low bidder as recommended by the Public Works
Director. All members voted in favor.
PROJECT #287 - EDEN ADDITION
The feasibility report for Project #287 consisting of
sanitary sewer, water, storm sewer and street improvements were
submitted for approval by the City Engineer. Egan moved and Smith
seconded the motion to accept the feasibility report, to schedule
a public hearing on the report for December 18, 1979, at 7 p.m.
at the Eagan City Hall and to further direct the City Engineer
to prepare the plans and specifications. All members voted in
favor.
PROJECT #266 - RAHN ADDITION
It was noted that the feasibility report had been received
by the City Council at an earlier time and the developer now re-
quested that a public hearing be scheduled on the report. Upon
motion by Egan and seconded by Wachter, it was RESOLVED to approve
the feasibility report and schedule a public hearing on the improve-
ments for December 18, 1979, at 7 p.m. at the City Hall. All mem-
bers voted in favor except Parranto who abstained.
CHANGE ORDERS
The Public Works Director submitted the following change
orders and recommended approval. Wachter moved and Egan seconded
the motion to approve the following change orders:
1. Improvement Project #79-1 Beacon Hill Addition Change
Order #1 - $12,979.00.
2. Improvement Project #79-5 Vienna Woods Addition Change
Order #3 - $7,200.00.
3. Improvement Project #79-9 Dodd Road Change Order #1 -
$26,000.00.
4. Improvement Project #79-10 Cedar Avenue Trunk Change
Order #2 - $3,000.00.
City Council Minutes
November 20, 1979
Page Thirteen
5. Fire Hall #1 and #3 - City Contract - $92.00.
All members voted in favor.
COUNTY WIDE REHABILITATION PROGRAM
Mr. Hedges submitted a proposed agreement between Dakota
County H.R.A. and the City of Eagan which had been acted on earlier
by the Council regarding the grant of funds for rehabilitating
residential homes and recomended approval. Smith moved and Parranto
seconded the motion to authorize the execution of the agreement.
All members voted in favor.
D 79-157
ST. JOHN NEUMANN TEMPORARY BEER AND SET-UP LICENSE
An application was submitted by St. John Neumann Catholic
Church for temporary sale of beer for January 18 and 19, 1980,
and State set-up license for the year 1980 with dance to be held
at the Juke Box at Cedarvale Shopping Center. Parranto moved and
Egan seconded the motion to approve the applications as requested
without requirement for police officer and to permit the applicant
to remain open until 1 a.m. All members voted in favor.
BRIAR CLIFF FEASIBILITY REPORT
A request from the developers of Briar Cliff for feasibi-
lity report was submitted to the Council. Egan moved and Smith
seconded the motion to accept the petition and to order the City
Engineer to prepare the feasibility report. All members voted
yes except Murphy who voted against.
CEDAR CLIFF ADDITION FEASIBILITY REPORT
A request from Zachman Development Company for feasibility
report for Cedar Cliff Addition was next reviewed. Smith moved
and Egan seconded the motion to accept the petition and to order
the City Engineer to prepare a feasibility report for utilities
and streets as requested with the understanding that the developE.r
will cover the cost of the preparation of the report according
to the City Council policy. All members voted in favor.
CUSTODIAL CONTRACT
Tom Hedges recommended the approval of the contract with
Orvilla Homes for 30 day trial period for custodian services for
the City office facilities. Wachter moved and Egan seconded the
motion to approve the execution of such a contract. All members
voted in favor.
D 79-158
(0 C, 3 1 FIN 21
City Council Minutes
November 20, 1979
Page Fourteen
ENGINEERING DEPARTMENT RECEPTIONIST
Mr. Hedges recommended that Jayne Rechtzigel be hired
as the receptionist/secretary for the City Engineering Department.
Wachter moved and Egan seconded the motion to approve the hiring
of Jayne Rechtzigel as of December 1, 1979. All members voted
in favor.
OCTOBER 2, 1979 AMENDMENT
Upon motion by Parranto and seconded by Wachter, it was
RESOLVED that the minutes of the October 2, 1979, regular Council
meeting be amended to provide that the public hearing concerning
Eagan's Housing Plan be continued until November 20, 1979, at 7
p.m. at Eagan City Hall. All members voted yes.
I-35E PRE-TRIAL HEARING
City Attorney Hauge reported briefly on the pre-trial
hearing before Justice John Todd of the Minnesota Supreme Court
during the week of November 12th. He indicated that the request
of the City for a friend of the court brief was denied and also
that no further briefs will be submitted by any parties with no
oral argument with the case to be submitted to the full court appro-
ximately in February of 1980.
MAKIN MAGIC V. CITY OF EAGAN CASE
Mr. Hauge also reported that the oral argument before
the 8th Circuit Court of Appeals in St. Louis will be held on Decem-
ber 7, 1979, and that all briefs except the reply brief of Mak'n
Magic have now been submitted.
RESERVOIR SITE NO.4 - DAKOTA COUNTY PARK
Mr. Hedges reported on the Metro Open Space Committee
meeting held on November 19, 1979, before the Metropolitan Council
concerning Eagan's request for the location of reservoir site #4
in Dakota County Park. The Committee requested additional informa-
tion and no official action was taken.
EAGAN METRO CENTER 2ND ADDITION PRELIMINARY REPORT - PROJECT #289
The Eagan City Engineer submitted the preliminary report
for Project #289 consisting of storm sewer improvements in the
Metram Condominium project. Egan moved and Wachter seconded the
motion to accept the preliminary report and to order a public
hearing for December 18, 1979, at 7 p.m. at the Eagan City Hall.
All members voted yes.
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City Council Minutes
November 20, 1979
Page Fifteen
PROJECT #290 - ECONOMICS LABORATORIES WATER MAIN
A request from Economics Laboratories for a short piece
of water main adjacent to its project on Lone Oak Road was submitted
to the Council together with a preliminary report prepared by the
City Engineer. It was noted that the total cost will be paid by
the petitioner. Wachter moved and Smith seconded the motion to
accept the preliminary report and to schedule a public hearing
for December 18, 1979, at 7 p.m. at the Eagan City Hall. All mem-
bers voted in favor.
PCA INSPECTION OF EAGAN VEHICLES
Mr. Colbert recommended that the Council approve the
inspection of City vehicles by the Pollution Control Agency without
cost to the City. Wachter moved and Smith seconded the motion
to approve the recommendation of the Public Works Director for
checking for pollution quality of the vehicles. Those in favor
were: Wachter, Smith and Egan. Those against: Parranto and
Murphy.
TAX FORFEITURE PROPERTY
Mr. Colbert then submitted a schedule of four parcels
in the City submitted by the Dakota County Auditor to the City
requesting whether the City would desire to acquire the propE!rty
for City purposes. They consisted of Lot 1, Block 1 and Lot 1,
Block 2, Wescott Hills Addition; a 10 foot parcel East of Rahn
Road adjacent to Eagan on the Green; and an outlot in Cedar Grove
5th Addition. Smith moved and Parranto seconded the motion to
exercise the right to acquire the outlot in Cedar Grove 5th Addition
and the 10 foot parcel East of Rahn road and to comply with the
necessary State law in this respect. All members voted in favor.
VOUCHERS
Smith moved and Parranto seconded the motion to approve
the following vouchers: 838-865; 9177-9254; 13711-13907. All
members voted in favor.
ADJOURNMENT
Wachter moved and Egan seconded the motion to adjourn
at 12:45 p.m. All members voted in favor.
DATED: November 20, 1979 PHH
City Clerk