07/17/1979 - City Council Regular
OCj 7G
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 17, 1979
A regular meeting of the Eagan City Council was held on
July 17, 1979, at the Eagan City Hall. Those present were:
Mayor Murphy, Councilmembers Wachter, Parranto, Egan and Smith.
Also present were City Administrator Hedges, City Public Works
Director Colbert, City Engineer Rosene and City Attorney Hauge.
AGENDA
Parranto moved and Egan seconded the motion, all members
voted in favor, to approve the agenda with the addition of DuWayne
North concerning the moving of a residential home in Meadowlands
Addition.
MINUTES
The following changes in the minutes of July 2nd were discussed:
Daryl Borneman - pylon sign at Page 6, the motion that the elevation
of Highway #13 at that location rather than depth should be used;
Donald Stricker at Page 8, rather than 12 newly created lots
relating to Donald Stricker it should be two newly created lots
and it was understood that a 30 foot half right of way has been
acquired from the applicant on Wescott Hills Drive.
Wachter moved and Egan seconded the motion, all members
voted in favor, to approve the minutes of the July 2, 1979
Council meeting as corrected.
FIRE DEPARTMENT
1. Fire Hall Improvements. City Administrator Hedges
introduced the topic and explained the Public Works Committee's
findings regarding four alternates for the construction of the
improvement to Fire Hall #1 and the construction of Fire Hall
#3 that had been studied by the Committee and the V.F.D. Building
Committee. It was noted that about $18,000 in additional funds
would be needed under the proposed alternate. There was discussion
regarding whether to shift from bond funds to other sources to
purchase certain fire equipment. After considerable discussion,
Smith moved and Wachter seconded the motion to proceed with the
project including the award of the contract and to acquire the
additional proceeds needed for two possible sources including
equipment certificates for the fire equipment or in the alternate,
revenue sharing funds if federal revenue sharing continues to
distribute funds to municipalities. It was noted that it was
important to determine the source of funds and there were objections
from the floor regarding what appeared to be a difference between
the estimated cost and the final low bid for the construction
improvements. Mayor Murphy indicated that he would reluctantly
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Page Two 00177
July 17, 1979
vote no because of the differential between the amount certified
by the architect for the bond referendum and the low bid. It
was suggested that in the event of a new election or vote on the
bond issue, that the cost would increase substantially. Those
in favor were: Smith, Parranto, Egan and Wachter. Those against
were: Murphy.
2. Equipment Purchase. Fire Chief Childers was present and
recommended that the Council proceed with the award of the low
bid on the purchase of the equipment according to the list of
low bidders attached to these minutes. Wachter moved and Parranto
seconded the motion, all members voted in favor, to proceed with
the purchase of the equipment as follows: pumper vehicle, a
rescue truck, 6 bottle cascade, miscellaneous hand tools, office
equipment, 20 sets of turn out gear, 60 pagers, a base radio, 2
mobile units, 1 portable, 2 survive air units and hose, and physical
fitness equipment.
3. Mayor Murphy moved that the City Attorney be directed
to review the possibility of recovering the losses to the City
because of the alleged errors in estimating the cost of the
construction of Fire Hall #1 and Fire Hall #3. There was no
second and the motion died.
POLICE DEPARTMENT
Police Chief DesLauriers was present.
1. Mr. DesLauriers requested that he be authorized to
screen applicants for two cadets noting that two present cadets
had resigned including Paul Schneider and John Ojala. Smith
moved and Parranto seconded the motion, all members voted in
favor to approve the recommendation.
PARK DEPARTMENT
Park Director Barbara Schmidt was present.
1. Windtree Addition. Mrs. Schmidt noted that the
Councilmembers had a concern regarding a number of ponds and pro-
posed park land dedication in Windtree Addition and the steep
grades and also the need for flat land. The Park Committee had
again voted in favor of the park land dedication in lieu of cash
indicating that there is active park land existing in that
residential area, that Gopher Eagan park land can be made useable
for flat active park purposes, the isolation of the residential
area requires park land development and that active park land
can be developed in the future. Certain Councilmembers were
concerned about acquiring enough useable flat land at the present
time to make certain that there would be sufficient flat open
space. Smith moved to accept the recommendation of the Park
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Page Three
July 17, 1979
Committee and Wachter seconded the motion, subject, however,
to the City acquiring the proposed park land in the Gopher Eagan
PUD development to the north at the present time prior to the
actual filing of the final plat for Windtree Addition with the
understanding that in the event of any changes in the Gopher
Eagan PUD that such changes must conform with the park dedication
requirements of the City in existence at the time of the change
in the PUD to make certain that the PUD park dedication require-
ments are fulfilled. All members voted in favor.
1-494 - PILOT KNOB ROAD
Public Works Director Colbert reviewed the proposed
construction of 1-494 from Bloomington to Highway #55. He also
discussed the timing of the County's completion of Pilot Knob
Road south of 1-494 and there were concerns whether Pilot Knob
Road would be updated by the completion of the Pilot Knob Road
and 1-494 intersection. Mr. Colbert recommended that the inter-
section be approved and the opening be conditioned upon the comple-
tion of the north 2 miles of Pilot Knob Road. Mr. John Klein
appeared and spoke in favor of the intersection and others,
Sven Borgersen, also appeared to discuss the issue. After
considerable discussion, Wachter moved and Parranto seconded
the motion that the City Council be on record recommending to
the Minnesota Department of Transportation that it proceed with
the I-494 interchange at Pilot Knob Road but that the interchange
not be opened for traffic until at least one Cedar Avenue bridge
is opened to Highway #13, until the north 2 miles of Pilot Knob
Road are improved and also contingent upon the temporary
opening of 1-494 at Highway #55. All members voted in favor.
MAKIN' MAGIC ORDINANCE NO. 71
Mayor Murphy then explained that the City Council would
consider the adoption of Ordinance No. 71 controlling paraphernalia
shops in the City. Mr.-Hedges gave a brief resume of the back-
ground of the ordinance and the concern about the Makin' Magic
Shop on Cedar Avenue and City Attorney Paul Hauge and Assistant
City Attorney Brad Smith reviewed the ordinance in detail. A
large number of interested persons together with Robin Gieger
and in addition to Mr. Gieger's attorney, Greg Rothnem, were
present. It was noted that the City Council had given direction
to the City Attorney to prepare an ordinance and it was noted
that the ordinance was intended to control drug related devices
and that definitions had been prepared in detail. There was also
discussion concerning the picketing that is taking place around
the Makin' Magic Shop and it was proposed that the Minnesota
Legislature review as soon as possible and adopt legislation for
control of such paraphernalia. Representative Ray Kempe was also
Council Minutes 010j_79
Page Four
July 17, 1979
present. Mr. Rothnem appeared and requested that the City not
enforce the ordinance until a court test is brought in the
Federal District Court in St. Paul to determine the validity of
the ordinance. Smith moved and Murphy seconded the motion to
adopt the Ordinance No. 71 subject to review and final draft
approval by the staff and City Attorney. All members voted in
favor.
SEE ORDINANCE
BOOK
CHES MAR DRIVE STORM SEWER
Public Works Director Colbert examined the drainage problem
for Ches Mar Second, Third and Fourth Additions and more specifically
the Guy Jarvi and Thomas Ocell properties. During the past twelve
to eighteen months, the Jarvis and Ocells have been experiencing
drainage problems from several heavy rainfalls and the City has
attempted various modifications of the existing storm sewer system
hoping to correct the problems. The Ocells have commenced a
legal action against the City for alleged damages and the
Consulting Engineer and Public Works Director have reviewed
various alternatives to attempt to alleviate the problem. The
City Council reviewed three alternates prepared by Mr. Colbert
in his memo dated July 13, 1979, including financing alternatives.
Mr. Jarvi was present and it was suggested that a decision be
made as quickly as possible to attempt to find a solution.
Councilmember Smith recommended that the staff negotiate with
the property owners and the developer, Gabbert Development Company,
and come back to the Council with the most acceptable solution
including the proposed method of financing. The matter was
continued to the next meeting.
CITY ICE ARENA PROPOSAL
Mr. Mike Gresser appeared together with Bill Roe of
Operating Management Company to discuss a proposal to build an
ice arena in the City. Also present were a number of interested
residents. The expected cost would be $1.2 million dollars with
a lease proposal of $140,000 to $170,000 per year for the building.
It was noted that about 200 to 300 property owners have shown an
interest in an ice arena. The term of the proposed triple net
type lease would be for 20 years with a purchase option at the
end of the 20 years. It was suggested that Eagan land be used for
private construction and leased to the City. There was also
a suggestion for a bond referendum with many people present
speaking in favor of an ice arena. There was also a suggestion
that an Ad Hoc Committee be organized to review the proposal
including financings and the possibility of relating the arena
with one or more school districts. Because of numerous questions
by Councilmembers, the staff was requested to meet with interested
persons and to acquire additional information and submit the infor-
mation to the Council at a later meeting.
Council Minutes ~~,Q
Page Five
July 17, 1979
ENGLERT ROAD IMPROVEMENTS
A petition was presented through the Public Works Director
from ten property owners for improvement of Englert Road leading
to the Blackhawk Hills Addition. It was suggested that the road
not be improved to City standards because of future I-35E crossing.
Mr. Harry Linden of 1640 Blackhawk Hills Drive appeared as did
several other interested neighboring owners. After discussion,
Smith moved and Egan seconded the motion, all members voted in
favor, to direct the City Engineer to prepare a preliminary
report for improvements.
DUWAYNE NORTH BUILDING PERMIT
Mr. DuWayne North appeared on behalf of his request for
a building permit to move the Christ Lutheran Church parsonage on
County Road #30 to Meadowlands Addition. After discussion,
Wachter moved and Egan seconded the motion, all members voted in
favor, to approve the building permit.
ALAN HOLMSTEN VARIANCE - MEADOWLANDS ADDITION
Mr. Alan Holmsten appeared on behalf of his application
for a two foot variance from sideyard setback for Lot 16, Block
1, Meadowlands First Addition to change the direction of the pro-
posed house on the lot. The Planning Commission recommended
approval according to certain conditions. It was noted the
lots are smaller than City requirement to permit smaller houses
in the subdivision and certain Councilmembers indicated they did
not feel it was a hardship. There was concern about setting a
precedent for variances without strong hardship. Mr. Holmsten
indicated he had signed the contract for construction. Wachter
moved and Egan seconded the motion to approve the variance
according to the recommendation of the Planning Commission with
the understanding that hardship does exist. Those in favor were:
Egan, Wachter, and Murphy. Those against were: Smith and
Parranto.
OWEN PERRON SPECIAL PERMIT
Mr. Owen Perron and Dyonne Kraft appeared on behalf of their
request for a special permit to keep five dogs on an approximately
20 acre parcel south of Yankee Doodle Road and west of Pilot
Knob Road. It was noted that I-35E will eventually cause a
relocation. There were no objections from neighbors. Upon motion
by Smith and seconded by Wachter, all members voted in favor,
it was RESOLVED that the application be approved with a maximum
of five dogs for a one year period.
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Page Six
July 17, 1979
GOPHER EAGAN SECOND AND THIRD ADDITIONS
The next matter concerned the application of Gopher Smelting
Company for preliminary plat site plan approval of Gopher Eagan
Industrial Park Nos. 2 and 3. Gopher Eagan Third Addition is a
replat of Lots 12 to 16, Gopher Eagan Industrial Park First
Addition. The APC recommended approval subject to certain
conditions for both the Second and Third Additions. After dis-
cussion, Wachter moved and Egan seconded the motion, all members
voted in favor, to approve the preliminary plat site plan approval
subject to the Planning Commission contingencies.
D 79-93
RAUENHORST CORPORATION - EAGANDALE CENTER INDUSTRIAL PARK NUMBER FIVE
Michele Foster appeared on behalf of the application of
Rauenhorst Corporation to replat Lots 29 through 32, Block 4,
Eagandale Center Industrial Park into one lot and renamed the
plat Eagandale Center Industrial Park Number Five. It was noted
that the Red Owl warehouse had requested a lot coverage variance
and rear yard setback variance in January of 1979. The APC
denied both applications. The Eagan City Council approved the
lot coverage variance with certain conditions, including the
requirement for platting the property into one lot. The APC
recommended approval subject to certain contingencies. Parranto
moved and Wachter seconded the motion to approve the application
subject to the APC conditions. All members voted yes except
Egan who voted no.
I-35E COORDINATING COMMITTEE REPORT
Galeb Abdulrahman of the Metro Council and a consulting
engineer appeared on behalf of the Metro Council and discussed with
the City Council the I-35E Coordinating Committee Report consisting
of the five mile segment of I-35E between the Lexington Bridge
and downtown St. Paul. It was noted that the 1975 State Legisla-
ture placed a moratorium on construction of any more than a four-
lane limited access parkway in the Pleasant Avenue corridor and
directed Mn/DOT to prepare several reports. The 1978 Legislature
directed the Metro Council to prepare an EIS analyzing all
options in the corridor Barton-Aschman Associates, Inc., has
been hired to make a study of the I-35E variation of alignment
and representatives present indicated that about a one year period
will be required to finish the draft EIS. Information from the
various municipalities is being solicited and thus the reason
for the appearance. There were questions from the Council, but
no action was taken.
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Page Seven OG S2
July 17, 1979
BRITTANY ADDITION
Mr. Carl Tollefson and Mr. Rich Dahm appeared on behalf of
the application of Tollefson Buildings, Inc., requesting the
Council to reconsider its determination that advertising of
Brittany as Brittany Estates is misleading because the property is
not zoned Estate. Mr. Tollefson indicated the cost to change the
advertising material would be burdensome, but it was noted that
both the Council and Planning Commission have been consistent
in denying the use of the word "Estates".in any plat that is not
zoned for Estate zoning. Councilmembers were not favorable to
the request and no action was taken.
ON-SALE BEER - UNIVAC PROPERTY
The application of Mrs. James Galarowicz requesting 3.2
on-sale beer license for the Sweat Sox's softball team for July
28th through the 29th at Univac Field was next considered. There
was no objection from the Police Department. Wachter moved and
Egan seconded the motion, all members voted in favor, to
approve the application.
PROJECT #79-15 - VIENNA WOODS
Mr. Colbert stated that bids have been received for the
Vienna Woods street improvements #79-15, Project #259, with the
low bid being Minnesota Valley Surfacing Company in the sum of
$229,659. The Public Works Director recommended approval of
the low bid. Parranto moved and Wachter seconded the motion,
all members voted yes, to approve the contract with Minnesota
Valley Surfacing Company.
SOUTH DELAWARE HILLS
Mark Parranto appeared and requested permission from the
Council for extension of time for the approval of the final plat
of South Delaware Hills south of Highway #55 with the understanding
that only minor changes are being made in the plat. It was noted
that the Planning Commission will review the application on July
31st and stated that the hardship is that the final plat must be
completed by September 1st to avoid bank foreclosure on the property.
After discussion, Wachter moved and Smith seconded the motion to
approve the extension of time for an additional six months for
the preliminary plat. All members voted in favor except Parranto
who abstained.
AMES CONSTRUCTION COMPANY AGREEMENT
The agreement between the City of Eagan and Ames Construction
Company concerning the hauling of fly ash from the NSP Blackdog
Plant to the new Highway #13 construction site near Cedar Avenue
was submitted by the City Attorney. It was noted that the Ames
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Page Eight
July 17,1979
Construction officials had signed the agreement but that certain
requirements in the agreement had not been fulfilled. Wachter
moved and Egan seconded the motion to approve the agreement
subject to the completion of all necessary requirements. All
members voted in favor except Smith who voted no.
D 79-94
LIBRARY AGREEMENT
City Administrator Hedges reviewed with the Council the
revised provision to the library site agreement on the Eagan Civic
Center Site and recommended approval. It was noted that the
County Board had approved the agreement on July 17th. Smith moved
and Wachter seconded the motion, all members voted in favor, to
approve the agreement and authorize its execution.
QUIT CLAIM DEED - ELRENE ROAD
The City Attorney submitted a proposed quit claim deed
approving the release of a temporary easement on the Braun
property on Elrene Road concerning an acquisition of an easement
for the road in approximately 1972. He recommended approval.
Smith moved and Egan seconded the motion, all members voted in
favor, to approve the easement and to authorize its execution.
PROJECT #241 - CONTRACT APPROVAL
The contract between Encon Utilities, Inc., and the City
of Eagan regarding Project #241 concerning the Lakeside Estates
and Dodd Road area utility improvements was submitted for approval.
Egan moved and Wachter seconded the motion, all members voted in
favor, to approve and order its signing by the appropriate officials.
DEVELOPMENT BOND RELEASES
Building Inspector Dale Peterson recommended release of
the $2,000 bond for Highsite Inc., including grading and land
restoration and $8,400 excavation bond for Norman Vogelpohl in
Section 18. Egan moved and Smith seconded the motion, all
members voted in favor, to approve the bond releases.
CETA STAFF POSITION
Mr. Hedges stated that an application through the Dakota
County CETA office had been submitted for a staff artist position
for ones,year and that it had been approved by the County. The
City Administrator's office will seek applications for the
position.
'C1.84
Council Minutes
Page Nine
July 17, 1979
FOURTH OF JULY FIREWORKS
Councilmember Smith stated that there had been complaints
concerning fireworks debris dropping on houses on Sandstone Drive
and recommended that more policing be made in the future concerning
the fireworks at the Fourth of July festivities.
TRAFFIC DETOUR - RAHN ROAD AND COUNTY ROAD #30
After discussion concerning the detour of traffic to Cliff
Road on Cedar, Wachter moved and Egan seconded the motion, all
members voted in favor, to request a four-way stop at County Road
#30 and Rahn Road due to the detouring of traffic to Cliff Road
on Cedar Avenue and then to Rahn Road north to County Road #30
during road construction in the area.
HIGHWAY #13 RENAMING
City Administrator Hedges stated that several roads are
being requested to be renamed by Mn/DOT including new Highway
#13, two frontage roads along Cedar Avenue and County Road #30.
It was requested that the City staff solicit names and return to
the Council with recommendation.
CEDAR ELEMENTARY SCHOOL - DIAMOND DRIVE PARKING
A petition from all owners for no parking signs on the west
side of Diamond Drive was considered by the Council. Smith moved
and Egan seconded the motion, all members voted in favor, to request
that "No Parking" signs be installed at that location to be effective
7 days a week from 3 p.m. to 9 p.m. All members voted yes.
FINAL PAYMENT FOR IMPROVEMENT PROJECTS
The following final payments for improvement projects were
submitted for approval: Project #193 - water booster station,
and Project #193 - pumphouse #5. Egan moved and Parranto
seconded the motion, all members voted in favor, to accept the
completion of the projects and authorize final payments.
SPECIAL MEETING - JULY 24TH
A special meeting of the City Council will be held on
July 24, 1979, at 9 p.m. to interview candidates for Finance
Director.
VOUCHERS
Upon motion duly made by Egan and seconded by Wachter, all
members voting yes, it was RESOLVED that the following vouchers
be ordered paid: 701-727; 8505-8602; 17906-12857.
001.85
Council Minutes
Page Ten
July 17, 1979
ADJOURNMENT
Upon motion duly made and seconded, with all members voting
in favor, the meeting adjourned at 1:15 a.m.
Dated: July 17, 1979 PHH
City Clerk