06/19/1979 - City Council Regular
00j 9
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 19, 1979
A regular meeting of the Eagan City Council was held on
Jude 19, 1979, at 6:30 p.m. at the Eagan City Hall. Those
present were: Mayor Murphy, Councilmembers Smith, Egan,
Wachter and Parranto. Also present were: City Administrator
Hedges, City Engineer Rosene, and City Attorney Hauge.
AGENDA
Following the Pledge of Allegiance, Wachter moved and
Egan seconded the motion, all members voted yes, to approve
the agenda as distributed and to add the addition of Mr.
Tom Baker as a candidate for alternate Eagan representative
for the Metropolitan Airport Commission Sound Abatement
Council.
MINUTES
Upon motion by Smith and seconded by.Parranto, all
members voting yes, it was RESOLVED that the May 29, 1979,
minutes be approved with the exception on Page 2, that it
was understood that there would be a 50 foot half right of
way which generally would be grandfathered along Pilot Knob
Road. Wachter moved and Egan seconded the motion, all
members voted in favor, to approve the minutes of the regular
meeting of June 5, 1979. Egan next moved and Parranto seconded
the motion to approve the minutes of the June 6, 1979 special
Council meeting. All members voted yes.
METRO SOUND ABATEMENT COUNCIL
Mr. Tom Baker appeared regarding his interest to serve
as Barton Schmidt's alternate to the Metropolitan Airport
Sound Abatement Council. Wachter moved and Egan seconded
the motion, all members voted yea, to approve Mr. Baker to
serve in that capacity.
FIRE DEPARTMENT BUSINESS
Mr. Hedges requested Council approval for the first half
Fire Department Officer's compensation pay for 1979 according
to the schedule that was distributed to the Council. Smith
moved and Wachter seconded the motion to approve the compensa-
tion schedule. All members voted yes.
POLICE DEPARTMENT BUSINESS
Police Chief Martin DesLauriers was present and indicated
that there was no official business on behalf of the Eagan
Police Department.
Council Minutes o
Page Two
June 19, 1979
PARK DEPARTMENT
Park Director Barbara Schmidt was present.
1. Grass Sweeper. Ms. Schmidt recommended that the
City purchase a grass sweeper for turf maintenance for the
Parks and Recreation Department for the sum of $3,725 con-
sisting of a Jacobson Grass Sweeper. Egan moved and Wachter
seconded the motion, all members voted in favor, to approve
the negotiated purchase price.
2. Rahn Park Grant Preapplication. Park Director Schmidt
recommended that the Council approve a preapplication due by
June 29th for the fiscal year 1980 for state and lawcon grants
that would qualify Eagan for up to 75% of funding for the
acquisition of 20 acres adjacent to Rahn Park. She reviewed
the need for additional land for community park facilities
including open ballfields. Smith moved and Parranto seconded
the motion, all members voted in favor, to authorize the
submission of a preapplication.
3. Shade Trees Disease Program. Ms. Schmidt then
recommended amending the 1978 City Contract with the State
for the shade tree disease program indicating that an additional
approximately $1500 may be received. Smith moved and Parranto
seconded the motion, all members voted in favor, to approve
the amended contract request.
PUBLIC WORKS DEPARTMENT
1. Johnny Cake Ridge Road Stop Sign. Mr. Hedges
stated that a request has been received from Woodgate Home-
owners Association that the temporary stop sign now located
on Johnny Cake Ridge and Hickory Hill Roads be installed on
a permanent basis. Mrs. Olga Zender from the Woodgate
Homeowners Association and other area residents were present
and explained reasons for asking for the permanent stop sign
for three-way stop. After considerable discussion, it was
noted that the sign appears to be slowing traffic somewhat
and Smith moved and Murphy seconded the motion to approve
the installation of the stop sign for an additional six
months. Those in favor were: Smith, Murphy and Egan. Those
against were: Wachter and Parranto.
2. Cedar Grove Intersection Stop Signs. A request
from residents of the Cedar Grove area that traffic control
devices be installed at certain intersections within Cedar
Grove were next discussed. Ten locations for stop signs
were discussed and it was noted that there is a stop sign
already located at Sandstone and Shale. Public Works Director
Council Minutes QC
Page Three
June 19, 1979
Colbert recommended the stop signs at the 10 intersections.
Egan moved and Smith seconded the motion, all members voted
in favor, to install stop signs where requested according to
the following list where the stop signs are not already in
existence:
1. On Cinnabar at Carnelian.
2. On Pumice at Carnelian.
3. On Flint at Carnelian.
4. At Amethyst at Mica.
5. At Emerald at Topaz.
6. On Opal at Topaz.
7. On Garnet at Diamond.
8. On Coral at Moonstone.
9. On Sandstone at Jasper.
10. On Sandstone at Shale.
PILOT KNOB ROAD - STORM SEWER AND ROAD IMPROVEMENT HEARING
Mayor Murphy then convened the public hearing regarding
storm sewer improvements on Pilot Knob Road consisting of
Project #177 from 1-494 to Yankee Doodle Road. The City
Administrator briefly introduced the subject and explained
the history over the last two years and the City Engineer
Rosene explained the project in detail. There were a number
of property owners questioning the need for the storm sewer
and a large number of residents appeared regarding the hearing
which convened at 7:15 p.m.
The Mayor then convened the hearing regarding Project
#200 consisting of Pilot Knob Road street improvements from
1-494 to Yankee Doodle Road. The City Engineer explained
that project in detail and indicated that 134 feet of right
of way would be necessary for rural cross section if walkways
are installed, 110 feet for urban cross section on the south
one mile and 100 feet on the north one mile to accomodate 8
foot walkways on each side. He further explained the reasons
why he recommended that the urban section is preferrable
including the fact that the traffic would be too great for
rural cross section, more right of way would be required, the
shoulders would require additional maintenance, there would
be additional expense to fill the ditches when the urban
cross section is installed. It was also noted that it was
advisable to install walkways on both sides of Pilot Knob
Road at the present time which would be less expensive to install
with the installation of the road project.
There was a questions as to whether agricultural land
would be assessed and the policy appeared that there would
be no land assessed and the policy appeared that there would
be no assessment at the present time for unplatted, unzoned
agricultural property that is undeveloped. Mr. Edmundson
appeared and stated that there is one access for Lot 1, Treffle
Acres to Pilot Knob Road that would require an opening on Pilot
Knob Road.
Council Minutes 0
Page Four
June 19, 1979
Councilmember Wachter, the Chairman of the Public Works
Committee, discussed the findings of the Committee including
the trailway on the east side which is to be installed by
the County at sometime in the future. The City Engineer
recommended against an underpass south of Lone Oak Road
because of the fact the road is now intended to be undivided
and there was also discussion regarding the speed limit re-
duction on Pilot Knob Road. There did not appear to be any
objections to the urban cross section undivided roadway but
recommendations that walkways be installed at the time the
road is upgraded on both sides. Parranto moved and Wachter
seconded the motion to close the public hearing on both pro-
jects and that the Council recommend to the County that it
proceed with a four lane urban cross section roadway on County
Road #31 from 1-494 to Yankee Doodle Road and further, that
the street improvements be ordered in and installed subject
to the following:
1. That trailways be designed on both sides of County
Road #31.
2. That the plans and specifications for the roadway
be approved by the City Council.
3. That traffic signals be installed at Lone Oak Road
and Yankee Doodle Road.
4. That there be no underpass included under County
Road #31.
Parranto indicated reasons for his motion included the
fact that the City has spent two years studying the traffic
flows, traffic volume and street designs; that Pilot Knob
Road is in a very poor and unsafe condition; that Pilot Knob
Road is a through traffic roadway and not a residential road
only within the City; that a four lane urban road is generally
safer than a two lane road and further, that a four lane
roadway requires narrower rights of way acquisition. Council-
member Smith stated additional reasons for supporting the
motion would be that little if any additional right of way
would be needed for the four lane roaway, the assessments
are the same for residential owners and that additional lanes
will be required within a few years in any event and stated
that it was unfortunate that the County did not provide for
alternate roadway design at an earlier time so that the con-
struction could have proceeded prior to the present time.
Those in favor were: all members. Smith then moved and
Parranto seconded the motion to order in the storm sewer
project as presented. All members voted in favor except Egan
who abstained from voting on the motion and Smith suggested
that the storm sewer not be installed under the center of
the roadway. The public hearing adjourned at 8:35 p.m.
Council Minutes QJ,~a~
Page Five
June 19, 1979
MAKIN MAGIC - CEDAR AVENUE
At 8:45 p.m., Mayor Murphy reviewed with the Council
and a large group of approximately 200 persons present, a
petition from residents in the area of Cedar Avenue objecting
to the Makin Magic drug paraphernalia retail shop at Cedar
and County Road #30. Alice Kreitz spoke on behalf of the
people and indicated the objections including the closeness
of the shop to the elementary and junior high school, the
potential effects on children and the attraction to younger
children of the sale of drug related items, the loud music,
the objection of business establishments in the area, etc.
A number of people present spoke and objected to the Makin
Magic Shop including Bob Bratlin of the Burnsville School
Board, Father Burns of Mary, the Mother of the Chuch, John
O'Grady, the Assistant Principal at Metcalf, and others.
Mrs. Betty Dimmer, owner of the property, was present
and explained her position regarding the lease. Robin Gieger,
the operator of Makin Magic, was also present and stated his
position and recommended that in the event that persons in
the area attempted to close down the establishment that they
do it legally and pursuant to law.
There was discussion concerning the request for the
adoption of an ordinance licensing retail establishments,
a potential ordinance controlling the sale of drug parapher-
nalia, potential self help by individuals affected in the
area including picketing and a proposed study by the City to
control the operation and sale of drup paraphernalia. Mr.
Gregory Rothnem, attorney for Mr. Gieger, was also present
and suggested that the City attempt to control the use of
drugs and not the sale of drup paraphernalia.
After considerable discussion and input, Wachter moved
that the City staff and City Attorney study the procedures
for the preparation of an ordinance controlling businesses
such as the Makin Magic establishment and further, a licensing
ordinance for licensing such businesses. Murphy seconded the
motion and all members voted in favor. In-addition, there
was discussion regarding proposed statewide legislation and
it was noted that contacts have been made through the
Legislature for legislation on a statewide basis controlling
the sale of drug paraphernalia. Pa-cranto then moved to direct
the Police Chief to monitor the Makin Magic store to determine
whether there are any direct sales of controlled substances
through the retail store operation and to insure the owner's
rights with regards to property are respected, and further,
to monitor all alleged potential suspected organizations or
persons that may be illegally selling or handling controlled
substances within the City. Murphy seconded the motion and
all members voted in favor. The discussion ended at 10 p.m.
Council Minutes 004
Page Six
June 19, 1979
MR. STEAK ON-SALE LIQUOR LICENSE
Mr. James Durning appeared on behalf of his application
for on-sale liquor license for Mr. Steak at 4625 Cedar Avenue.
It was noted that a conditional use permit had been granted
for on-sale liquor license at that location and the Chief of
Police indicated that a record check reflected no objection
to the grant of the license. Parranto moved and Wachter
seconded the motion, all members voted in favor to approve
the on-sale liquor license for the Mr. Steak restaurant.
MR. STEAK I.D.R. BONDS
The City Council then reviewed the final resolution to
consider the $600,000 commercial development industrial
revenue bonds for Mr. Steak restaurant at 4625 Cedar Avenue.
City Attorney Hauge stated that he had reviewed the documents
and that the resolution appeared to be in order provided
that the conditions of the City industrial revenue guidelines
are met and that all statutory requirements are fulfilled.
Parranto moved and Smith seconded the motion, all members
voting yea, to approve the final resolution subject to the
City Attorney and City staff approval.
SEE BOND FILE
ST. JOHN NEUMANN FINAL PLAT
The St. John Neumann final plat was reviewed by the
City Council and it was noted that certain ponding and drainage
easements will be required. Smith moved and Egan seconded
the motion, all members voted in favor, to approve the final
plat subject to final staff approval and compliance with all
necessary City requirements.
R 79-44
D 79-86
OVERVIEW ESTATES PRELIMINARY PLAT
Barton Dunn appeared on behalf of his application for
preliminary plat approval of Overview Estates and briefly
reviewed the history including the APC recommendations re-
garding the plat. At this time, the City Council moved
the meeting to the basement of the police building because
of tornado warnings in the general area and continued the
balance of the meeting in the police facility. A number of
neighboring residents of the area appeared and discussed
with the Council the recommendation that a storm sewer be
installed from Overview Estates to Schwanz Lake and recommended
that the developer of Overview Estates pay the cost of the
Council Minutes 0CJ
Page Seven
June 19, 1979
installation of the storm sewer facility. Mr. Dunn recom-
mended that the plat include storm drainage facilities within
the plat at the present time which would tie into future
storm drainage. After discussion, Wachter moved and Smith
seconded the motion to approve the preliminary plat and to
instruct the City Engineer to prepare the feasibility study
regarding storm drainage and further, subject to all APC
recommendations including the fact that the street would be
changed from Saddle Street to Golden Meadow Road. All members
voted in favor.
D 79-87
TOLLEFSON BUILDERS ADVERTISING SIGNS
An application of Tollefson Builders, Inc., for two
temporary advertising signs to be located at the northeast
corner of Cedar and Cliff Roads and the southwest corner of
Pilot Knob and Cliff Roads was next reviewed. The signs
would advertise Brittany Estates and Country Hills. Smith
moved and Parranto seconded the motion, all members voted in
favor, to approve the application subject to ordinance re-
quirements.
FISH LAKE STORM SEWER OUTLET
A petition signed by 13 property owners around Fish
Lake requesting a reconsideration of the controlled storm
sewer outlet to Fish Lake was presented to the Council.
After discussion, Parranto moved and Egan seconded the motion,
all members voted in favor, to direct the Engineer to prepare
a preliminary report and to update the original report for
submission to the Council and further to accept the petition.
GEORGE OHMAN TEMPORARY ON-SALE BEER LICENSE
Mr. George Ohman, Jr., requested a nonintoxicating
liquor license for August 4-6, 1979, for 3.2 beer for the
Eagan Steam Threshing Show on his property on Cliff Road.
Parranto moved and Smith seconded the motion, all members
voted yes, to approve the application.
VIRGIL SCHAFF BUILDING PERMIT
The application of Mr. Virgil Schaff for building permit
for Lot 3, Auditor's Subdivision on an approximately 4 acre
parcel on the south side of Highway #55 was next considered
by the Council. Several members of the Schaff family were
present and the Council reviewed the earlier action re-
garding the parcel in the General Business zoned property
going back to 1972. It was noted that a conditional use permit
has been granted to Mr. Schaff or the heirs of the Schaff
family for the construction of a building in 1972.
City Council Minutes
Page Eight
June 19, 1979
There was discussion concerning a recommendation to plat
the property to avoid the problem of sale of the individual
buildings at sometime in the future. It was suggested that
the owners prepare a proposed plat for the property for future
subdivision and to provide for road right of way that would
be dedicated to the City at such time as the land is subdivided
or any portion less than the whole is sold or conveyed with
the understanding that the proposed subdivision would comply
with current ordinances. Wachter moved and Murphy seconded
the motion, to grant the building permit. Those in favor
were: Wachter and Murphy. Those against were: Parranto,
Smith and Egan. Parranto then moved and Smith seconded the
motion, all members voted yes, to continue the consideration
of the application until further review by the applicants.
LIONS CLUB GAMBLING LICENSE
The application of the Eagan's Lions Club for renewal
of the gambling license commencing July 1, 1979, was next
considered. There was discussion concerning the Fourth of
July celebration and the fact that it appeared that a 4-H
Club will be operating a bingo concession at the Fourth of
July festivities. Smith moved and Parranto seconded the
motion, all members voted in favor, to approve the Eagan's
Lions Club gambling license subject to compliance with the
gambling ordinance and a license for raffles only with the
understanding that the City staff inform the Fourth of July
Association that one application for the Fourth of July
festivities in 1980 should be submitted for approval.
MISCELLANEOUS EASEMENT PROJECTS
The City Attorney reviewed with the Council a letter
dated June 18, 1979, from him regarding special consideration
for the acquisition of easements primarily on the Blackhawk
Lake - Thomas Lake storm sewer project.
1. Blackhawk Park, Inc. - Dunn & Curry. A request from
Mr. Dunn for payment for storm sewer easements across the
Blackhawk Park PUD property north of Deerwood Drive was
first considered. Councilmembers indicated that in the case
of developer's land, that the City policy has been that no
payment will be made for easements.
2. Henry Franz - Deerwood Drive. The request of Mr.
Franz for reimbursement for the temporary and permanent
easement together with the loss of a portion of an alfalfa
field was next considered. It was recommended that the sum
of $500 be paid for the loss of the alfalfa and that the balance
of the permanent and temporary easement be paid at the normal
City rates.
Council Minutes
Page Nine
June 19, 1979
3. Russell Butler Property - Deerwood Drive. Together
with alignment changes requested by the Butlers, payment for
permanent and temporary easements and moving of certain
trees and payment for three removed pine trees was discussed.
It was recommended that easements be granted over the Butler
property in consideration of these items.
4. Patrick McCarthy Property. There was discussion
relating to the referring assessments for storm sewer trunk
purposes on the quarter section between Deerwood and Pilot
Knob and County Road #30 covering 168 acres and that none of
that property appears to be at a development stage. In
addition, it was noted that 120 acres appeared to be green
acred and there is no current development pending.
5. Anna Heuer Property. Permanent and temporary
easements payments were recommended for approval.
6. Larry Wenzel Property. Temporary and permanent
easements will be required and normal payment was recommended.
7. Hillcrest Development Ponding Easement. City Attorney
Hauge and Mr. Rosene discussed with the City Council the
required pond lying north of Cliff Road adjacent to Cedar
Avenue in an area contemplated for commercial development in
the proposed Tankenoff Acres. A form of an agreement with
Hillcrest whereby an easement will be granted to the City in
return for a liability policy naming Hillcrest as a coinsured
was discussed. Councilmembers indicated that their policy has
been to avoid adding fee owners names in the event of dedi-
cation of ponding easements and it was requested that futher
negotiation take place with Hillcrest.
PROJECT #79-13 - LAKESIDE ESTATES, SADDLEHORN AND DODD ROAD
UTILITIES IMPROVEMENTS (PROJECT #241)
The bids covering City Improvements #79-13 were reviewed
by the City Council with the low bid of Encon Utilities, Inc.,
in the sum of $599,962. The City Engineer recommended that
the low bid be approved. Wachter moved and Smith seconded
the motion, all members voted yea, to approve the award of
the contract for Improvement #79-13 to Encon Utilities, Inc.,
in the above manner.
CEDAR AVENUE TRUNK AND CROSSING IMPROVEMENTS #79-10
The bids received on June 14, 1979, covering Project
#186 with the low bid of Encon Utilities, Inc., of $536,412
was next considered. Mr. Rosene stated that easements will
Council Minutes Qe,l®
Page Ten
June 19, 1979
be required for a ponding easement from Hillcrest Properties
in addition to other easements and further that the low bidder,
Encon Utilities, had notified the City on June 19 that a
mistake had been discovered in an amount of approximately
$60,000 in its bidding process and requested that its bid be
withdrawn. It was noted that the next low bid was Richard
Knutson, Inc., in the sum of $620,351 and the Engineer's
estimate was $560,000. Smith moved and Parranto seconded
the motion, all members voted in favor, to accept the recom-
mendation of the City Engineer that the award of the bid be
continued for two weeks for further consideration of the
request of withdrawal by Encon.
I-35E PLANS AND SPECIFICATIONS FOR CEDAR INTERCHANGE
The City Council briefly reviewed the plans and speci-
fications for the I-35E interchange at Cedar Avenue submitted
by Mn/DOT. The Public Works Director and Consulting Engineer
had reviewed the plans and recommended approval. Wachter
moved and Egan seconded the motion to approve the plans and
specifications. All members voted in favor.
R 79-45
COUNTY ROAD #63 MSAS FUNDS - PROJECT #195A
A memo from Mr. Colbert indicated that a portion of the
project included construction of a County State aid project
including MSAS funds and a Council resolution was requested
by Mn/DOT approving the expenditure. Mr. Colbert recommended
approval. Egan moved and Parranto seconded the motion, all
members voted in favor, to approve the resolution.
R 79-46
BRITTANY FIRST ADDITION
The final plat for Brittany First Phase was submitted
through the developer, Tollefson Builders, Inc. It was
noted that the development agreement had been approved and
the letter of credit had been submitted. The City Engineer
recommended approval except for a 20 foot drainage easement
lying between Lots 5 and 6, Block 4, rather than a 10 foot
easement. The City staff recommended approval. Wachter
moved and Parranto seconded the motion, all members voted in
favor, of approval, subject to the City requirements and
City staff review of Outlot B including the 20 foot easement.
R 79-47
D 79-88
Council Minutes
Page Eleven 0
June 19, 1979
BRITTANY FIRST PHASE PLANS AND SPECIFICATIONS - IMPROVEMENT #79-18
The plans and specifications for Brittany First Phase
and other project utilities and street improvements consisting
of Improvement #79-18 were submitted by the City Engineer.
Smith moved and Egan seconded the motion to accept the plans
and specifications and to authorize the City Clerk to adver-
tise for bids to be opened on July 19, 1979, at 3 p.m. at
the Eagan City Hall. All members voted in favor except
Parranto who abstained.
DAVID PETERSON - CARLSON LAKE
Mr. Hedges stated that David Peterson, the owner of the
home on the north side of Carlson Lake, who had been experiencing
difficulties because of the high water level of Carlson Lake
has requested emergency relief for reducing the storm water
near his residence. The Engineer recommended that the Carlson
Lake pump be installed as quickly as possible and the City
Council accepted the recommendation with the understanding
that the pump not be used until it is absolutely essential
to do so because of the general high water in other lakes in
the area.
DAKOTA COUNTY LIBRARY SITE
Mr. Hedges stated that the Dakota County Library Board
had adopted a resolution to approve the location of the
Dakota County Library site on the Eagan property on Pilot
Knob Road and that further negotiations will continue with the
City shortly.
JULY 10TH SPECIAL JOINT COUNCIL - APC MEETING
Mayor Murphy scheduled a special joint Council - APC
meeting for July 10 at 6 p.m. to tour the scattered site
housing in Eagan with the Dakota County H.R.A. Director, Nan
McKay, prior to the APC comprehensive plan meeting on that
same evening.
SPECIAL CITY COUNCIL MEETING - JUNE 27TH
Mayor Murphy then scheduled a special Council meeting
of the Eagan City Council for June 27, 1979, at 6:30 p.m. to
interview candidates for Finance Director for the City.
EMPLOYEE MILEAGE ALLOWANCE
There was discussion through the City Administrator re-
garding mileage allowance for City employees who are using
their personal vehicles on an extended basis. No action was
taken beyond the action taken at the previous Council meeting.
Council Minutes
Page Twelve .6®
June 19, 1979
EAGAN ICE ARENA
Tom Hedges stated that Mike Gresser had submitted to
him a proposed suggestion for the construction of an ice
arena on City property by Mr. Gresser and either purchase or
lease back to the City. There was discussion concerning a
bond issue referendum'and the City staff was requested to
pursue the matter further within the next few weeks.
KENNETH APPELBAUM SHOPPING CENTER
The City Administrator explained to the City Council
that a request had been made through Mr. John Uban, of Urban
Planning, whether the Council would be receptive to Mr.
Appelbaum's request for a shopping center hearing either
through a waiver of the one year rezoning requirement or an
application to approve a site plan with the shopping center
on the north 10 acres of the 16 acre parcel at Pilot Knob
and Crestridge. No specific direction was given by the City
Council.
PILOT KNOB ROAD SPEED LIMIT
Councilmembers discussed recommending lowering the
speed limit on Pilot Knob Road through the City to 40 m.p.h.
Parranto moved and Egan seconded the motion, all members
voted in favor, to request a speed study through Dakota
County for the potential deduction to 40 m.p.h.
R 79-48
VOUCHERS
Wachter moved and Egan seconded the motion, all members
voted in favor, to approve the following vouchers: 12416 -
12622; 661 - 679; 8334 - 8407.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned
at 1:25 a.m.
Dated: June 19, 1979 PHH
CITY CLERK