08/21/1979 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 21, 1979
A regular meeting of the Eagan City Council was held on
August 21, 1979, at 6:30 p.m. at the Eagan City Hall. Those
members present were: Mayor Murphy, Councilmembers Egan, Smith,
Wachter and Parranto. Also present were City Administrator
Hedges, City Public Works Director Colbert, Assistant City
Engineer Gordon, and City Attorney Hauge.
After the Pledge of Allegiance, the Councilmembers dis-
cussed setting a time limit on meetings and possibly hold the
balance of the items for special meeting. It was suggested
that all presenting parties be fully prepared prior to the
meeting in an attempt to complete all meetings by 12:00 p.m.
AGENDA
Smith moved and Wachter seconded the motion to approve
the agenda as presented. All members voted in favor.
MINUTES
August 7, 1979 Regular Meeting Minutes. Egan moved and
Wachter seconded the motion to approve the minutes subject to
the following changes on page 5, it was noted relating to the
Fish Lake storm sewer outlet project hearing that the DNR
has set a normal high water level, but that no public hearing
had been held; page 8, Murphy seconded the Windcrest Addition
application; page 10 relating to Thomas Lake Heights Addition,
Murphy voted no. All members voted in favor.
July 24, 1979, City Council Minutes. Wachter moved and
Parranto seconded the motion to approve the minutes with the
exception that on page 2 there would be a change regarding the
Advisory Planning Commission member resignation that there be
no provision regarding a special advisory person to the APC.
All members voted in favor.
POLICE DEPARTMENT
Chief Martin DesLauriers was present.
1. George Kasat was present and Chief DesLauriers
explained the honors received by Mr. Kasat and his canine
German Shepherd, Joe, who placed third in the obedience com-
petition and fourth nationally in the overall competition. The
City Council commended Mr. Kasat for his awards.
City Council Minutes
Page Two
August 21, 1979
2. Squad Car Purchases. Chief DesLauriers submitted
specifications for two new squad cars including the trade-in of
a 1978 Ford LTD and a 1978 Chevrolet Nova. He recommended that
bids be advertised and be opened on Monday, September 13, 1979,
at 3 p.m. at the Eagan City Hall. There was considerable
discussion concerning fuel economy and the purchase of a smaller
diesel powered vehicle. After discussion, Wachter moved and
Murphy seconded the motion to accept the recommendation of
the Police Chief and advertise for bids as provided, including
two trade-ins. For: Wachter and Murphy. Against: Smith,
Parranto and Egan. Egan moved to accept the specifications
for one standard automobile as recommended by the Police Chief
and to resubmit new specifications and advertise for a second
automobile to provide for a small diesel 8-cylinder engine of
GMC product as close to the police package as possible with
an alternate standard V-6 automobile. For: Smith, Egan and
Parranto. Against: Wachter and Murphy.
ST. JOHN NEUMANN LIQUOR AND BEER LICENSE AND GAMBLING LICENSE
Mr. James Marshall appeared on behalf of St. John Neumann
Catholic Church for 3.2 on-sale beer license for September 9th
and for combination gambling license for the same day. There
were no objections from the Police Department or staff members.
Murphy moved and Smith seconded the motion to grant the two
applications subject to ordinance compliance. All members
voted in favor.
HOUSING ALLOCATION PLAN HEARING
Mayor Murphy then convened the public hearing regarding
the housing allocation plan under the Uniform Municipal Planning
Act and housing plan for the City. Notices had been published
in the Dakota County Tribune. Mayor Murphy asked that the
housing allocation plan hearing be continued because of oppo-
sition that he had to government ownership and operation of
additional residential homes. Mr. Paul Ekholm of Miller and
Schroeder was present as were other people interested in the
hearing.
It was noted that the plan had been reviewed at the special
comprehensive plan meeting on August 14th. Mr. Hedges re-
viewed the progress to date regarding the housing allocation
plan and stated that the Metro Council must approve the plan.
It was suggested that the hearing on the plan be continued
until October 2, 1979, to permit the Metro Council to review
and comment on the plan. It was also suggested that the Finance
Committee prepare a tax exempt mortgage financing program with
the assistance of Miller and Schroeder and bring the proposal
back to the Council. A suggested resolution was submitted by
Mr. Hedges for approval by the Council. Smith moved and
Parranto seconded the motion to adopt Resolution #79-57 and to
City Council Minutes OC2
Page Three
August 21, 1979
continue the hearing to October 2, 1979, to submit the housing
plan to the Metro Council for review and comment and further
that the staff, together with Miller and.Schroeder, prepare a
tax exempt mortgage financing program to be submitted to the
Council for final approval. For: Smith, Wachter, Egan
and Parranto. Against: Murphy. R 79-57
D 79-106
THOMAS LAKE HEIGHTS ADDITION
The application of Dunn and Curry Real Estate Management, Inc.,
for preliminary plat approval of Thomas Lake Heights Addition south
of County Road #30 was next presented. Mr. Rod Hardy and Mr.
Ed Dunn were present. It was noted that the matter had been
continued from the August 7th Council meeting. Mr. Hardy stated
that no variances are now required with 118 single family lots,
a reduction of one. After review, Murphy moved and Smith
seconded the motion to approve the preliminary plat subject to
the Advisory Planning Commission recommendations and with the
understanding that a PUD amendment will be submitted by the
applicant for approval by the City Council regarding Blackhawk
Park PUD. All members voted yes.
D 79-107
ADVISORY PARK COMMITTEE AND ADVISORY PLANNING COMMISSION APPOINTMENTS
Mr. Hedges then stated that a notice had been placed in the
Dakota County Tribune that the City had an opening for the
remainder of Mr. Hedtke's term on the Advisory Planning Commis-
sion and for Mr. Lucke's term on the Advisory Park Committee. It
was noted that four persons, Joe Polski, Ken Ketchum, Tom Gits
and Doris Wilkins indicated interest for membership on the
Planning Commission. Doris Wilkins was present as was Mr.
Ketchum. On written ballot, Tom Gits received three votes and
Doris Wilkins, two votes. Mr. Gits was appointed to the Planning
Commission for the remainder of Mr. Hedtke's term.
Mr. Ketchum and Mrs. Wilkins were asked whether either of
them was interested in being nominated for the Park Committee
and each of them declined to serving as a member of the Park
Committee. Mr. Gits had served on the Park Committee and two
openings appeared. Those interested in the Park Committee were
Harriet Johnson, Ginger O'Neill and Mark Dandurand. Upon written
ballot, Mark Dandurand and Ginger O'Neill were elected to the
Park Committee to fill the respective terms.
COUNTY ROAD #30 AND FRONTAGE ROAD STREET NAMES
The City Council then considered new names for several roads
in the City and decided on the following:
City Council Minutes ~O G'1
Page Four
August 21, 1979
Frontage Road A. Parranto moved and Murphy seconded the
motion in favor of renaming Frontage Road A to Slater Road. All
members voted in favor.
Frontage Road B. Wachter moved and Egan seconded the
motion in favor of renaming Frontage Road B to Kings Road as
extended. All members voted in favor.
County Road #30. Parranto moved and Murphy seconded the
motion to rename County Road #30 to Wildwood Lane or in the
alternate, Wildwood Road. All members voted in favor.
DARYL BORNEMAN - EAGAN AUTOMOTIVE CENTER
Mr. Borneman was presented on behalf of his former appli-
cation for pylon sign conditional use permit for the Eagan Auto-
motive Center on Highway #13. He asked for reconsideration of
the denial of the application and indicated that the sign would
be no higher than 27 feet from Highway #13 at its lowest point.
After consideration and due to the fact that the sign located on
Highway #13 would not conform with the intent of the 300 foot
spacing requirement under Ordinance No. 16, Smith moved and
Wachter seconded the motion to again refuse to reconsider and
to deny the application which if approved would allow a pylon
sign on nearly every commercial lot in the City contrary to
Ordinance No. 16. All members voted in favor except Murphy who
voted no. There was a question as to whether the former Country
Kitchen sign conditional use permit has been abandoned and the
City Attorney was requested to review the issue.
CEDARVALE MR. STEAK CONDITIONAL USE PERMIT
The application of Steven Parranto for conditional use permit
for on-sale liquor at the current Cedarvale Mr. Steak was
considered. Mr. Kraus and Mr. Parranto were present and in
addition, Mark Parranto appeared for the applicants. The Advisory
Planning Commission on July 31st recommended approval subject to
certain conditions. Mr. Waldeland, the fee owner of the property,
appeared and indicated that the applicants did not have an
interest in the property. Mr. George Hoey, attorney, appeared
for the applicants and indicated that the lease provides for any
lawful purposes and that consent will be required from the land
owner as to the lease. Smith moved and Egan seconded the motion
to approve the application subject to there being no advertising
to indicate that liquor is sold on the premises and that all
applicable liquor license ordinance requirements be met; but
that there be no requirement that no lounge be permitted on the
premises. All members voted yea except Councilmember Parranto
who did not vote on the application.
City Council Minutes
Page Five
August 21, 1979
ARTHUR MULVIHILL CONDITIONAL USE PERMIT
Mr. Arthur Mulvihill appeared on behalf of his application
for conditional use permit for truck terminal on Lot 4, Block 1,
Halley's First Addition in Section 36. The APC recommended
approval subject to certain recommendations. Mr. Mulvihill
was present and objected to the potential road restrictions
during spring breakup but was told that this would be required
on all rural type roads. Smith moved and Wacther seconded
the motion to approve the application subject to the recom-
mendations of the Advisory Planning Commission with the
understanding that a $2,000 landscape bond be posted. All
members voted in favor.
U.S. HOMES - ORRIN THOMPSON - JOHNNY CAKE RIDGE ADDITION
Mr. Orrin Thompson and Mr. Chuck Winden, surveyor, appeared
on behalf of the application of U.S. Homes for preliminary plat
approval of Johnny Cake Ridge Addition and rezoning from Agri-
cultural to R-l, Residential consisting of 38 acres and R-3,
Townhouse Residential consisting of 42 acres. Mr. Winden and
Mr. Thompson explained the proposal including 5.4 acres for
park and trail. They indicated that no variances would be re-
quired with the exception that one cul-de-sac exceeds the minimum
requirement.
The staff expressed concern regarding cul-de-sacs including
the number of cul-de-sacs now being proposed due to the maintenance
problems for snow removal, police patroling and through traffic
circulation in particular. After considerable discussion,
Wachter moved and Smith seconded the motion to approve the
application subject to the Planning Commission recommendations
with the recommendation that the holding pond be kept as high
as practical for water retainage and that the two cul-de-sacs
on the west be connected because of maintenance problems.
For: Egan, Parranto, Smith and Wachter. Against: Murphy.
Mr. Thompson strongly recommended that the two cul-de-sacs
be permitted on the west to permit a more aesthetically pleasing
enviroment for the townhomes. After discussion, Wachter moved
to reconsider the motion regarding the cul-de-sacs. There was
no second and the motion for reconsideration died.
Egan moved and Wachter seconded the motion to rezone the
property pursuant to the application for Johnny Cake Ridge
Addition subject to all ordinances and APC recommendations. All
members voted in favor.
D 79-108
R 79-58
City Council Minutes
Page Six 0 211
August 21, 1979
JOHNNY CAKE RIDGE ADDITION FEASIBILITY REPORT
The City Council received a feasibility report request for
U.S. Homes Corporation and upon motion by Wachter and seconded
by Smith, it was RESOLVED that the request be accepted and that
the City Engineer be directed to prepare a feasibility report
for public improvements as requested. All members voted yea.
FIRST MINNEHAHA FINAL PLAT
Mr. Hedges stated that because of the fact that all of the
requirements have not been fully met, he recommended a continuance
of the consideration for final plat approval for First
Minnehaha National Bank Addition. However, the request from
Mr. Ken Appelbaum for feasibility report for utilities and
street improvements was discussed. Smith moved and Parranto
seconded the motion to accept the petition and order the
Consulting Engineer to prepare a feasibility report and to accept
Mr. Appelbaum's request to waive the right of public hearing.
All members voted in favor.
EAGANDALE CENTER INDUSTRIAL PARK NO. 5 FINAL PLAT
Mr. Hedges further stated that all requirements have not
been met and recommended a continuance.
SUNSET ADDITION FINAL PLAT
Mr. Hedges recommended continuance of the consideration of
the final plat of Sunset Addition.
WINDTREE ADDITION FEASIBILITY REQUEST
The request of Niakwa, Inc., for feasibility study for
Windtree study for Windtree Addition improvements was next re-
viewed. Upon motion by Parranto and seconded by Egan, it was
RESOLVED that the petition be accepted and that the City Engineer
be directed to prepare a feasibility study to be returned to
the Council for final approval and the setting of a public
hearing. All members voted yea.
WINDCREST ADDITION PLAT
Mr. James Hill, consulting engineer, was present and
requested direction as to several new schemes for Windcrest.
The Council permitted Mr. Hill to briefly portray three new
schemes providing for changes in road alignments, cul-de-sacs,
and accesses to collector streets. Comments were made by the
Council and no action was taken.
City Council Minutes 21.2
Page Seven
August 21, 1979
IMPROVEMENT PROJECT #79-15 - CONTRACT
The contract between the City of Eagan and Minnesota Valley
Surfacing, Inc., for street improvements to Vienna Woods consist-
ing of Improvement #79-15 was submitted for approval. Egan
moved and Wachter seconded the motion to approve and authorize
the execution of the contract. All members voted in favor.
PROJECT #245 - RIVER HILLS STREET LIGHTING PROJECT
It was noted that the River Hills 9th Addition street
lighting project has now been completed by Dakota Electric
and individual owners will assume installation costs through
special assessments not to exceed five years. Upon motion by
Smith and seconded by Parranto, it was RESOLVED that project
#245 be accepted for perpetual maintenance and that an assess-
ment hearing be scheduled for September 18, 1979, at 7:00 p.m.
at the City Hall to consider the assessments. All members
voted yes.
DREXEL HEIGHTS ADDITION EMERGENCY SANITARY SEWER REPAIR
Mr. Colbert, the City Public Works Director, indicated
that quotes had been solicited from three area contractors on a
time and material basis for corrective sanitary sewer work in
the Drexel Heights Addition. It was noted that the Council
acted on its emergency powers under the Minnesota Statutes to
acquire quotations and the low quote was from Fredrickson
Excavating, Inc., in the sum of $1,552 per day. Two other
quotations were also received. Smith moved and Wachter seconded
the motion to proceed with the award of the contract to Fredrickson
Excavating, Inc., on the basis of the above information and the
recommendation of the Public Works Director. All members voted
in favor.
IMPROVEMENT PROJECT #79-16 - MISCELLANEOUS STREET IMPROVEMENTS
Plans and specifications for Improvement Project #79-16
consisting of miscellaneous street improvements including Projects
#247, #248, and #249 were submitted. Upon motion by Wachter
and seconded by Egan, it was RESOLVED that the plans and specifi-
cations be approved and accepted and that the Clerk be authorized
to advertise for bids to be opened on September 13, 1979 at
3 p.m. at Eagan City Hall. All members voted yes.
IMPROVEMENT PROJECT #79-19 - MISCELLANEOUS STREET IMPROVEMENTS
The plans and specifications for Improvement Project #79-19
consisting of Projects #255, #265, and #272 were next submitted
to the Council. Smith moved and Egan seconded the motion to
accept the plans and specifications and to authorize the Clerk to
advertise for bids to be opened at City Hall at 3 p.m.. on September
13, 1979. All members voted in favor except Parranto who abstained.
City Council Minutes 00213
Page Eight
August 21, 1979
LONE OAK TREE
The City Tree Inspector, Tom Schuster, expressed his concern
regarding the Lone Oak Tree located at Trunk Highway #55 and
Lone Oak Road. He indicated that several things could be done
to enhance the health and appearance of the tree including ferti-
lizing, flushing the tree in the spring, washing salt off and
pruning. The staff was requested to proceed immediately to
take necessary steps to care for the Lone Oak Tree.
1978 AUDIT REPORT
The City Administrator reported regarding the 1978 audit
report and indicated that the Finance Committee had reviewed it
in detail. Parranto moved and Smith seconded the motion to
accept the report as recommended by the Finance Committee which
indicated that the City has approximately $25 million in current
assets and $16 million in fixed assets at installation cost. All
members voted in favor.
D 79-109
LETTERS OF THANKS
Councilmember Wachter asked that a letter of thanks be sent
to Sven Borgersen for his engineering work on the fire halls and
to Paul H. Hauge and Associates for their fee schedule revision
for the recent utility bond project. In addition, he recommended
additional directional signs for the Minnesota Zoo be installed
at the discretion of the Public Works Director.
UNIVAC EDUCATORS TEMPORARY 3.2 BEER PERMIT
The application of Dennis C. Severson for Univac Educators
for 3.2 temporary beer permit was submitted. Upon motion by
Parranto and seconded by Egan, the application was approved.
All members voted yes.
COOPERATIVE POWER ASSOCIATION LEASE - FIRE HALL #3
The agreement with Cooperative Power Association covering
the lease for Eagan Fire Hall #3 was reviewed by the City
Administrator. Smith moved and Egan seconded the motion, to
authorize the execution of the contract and to forward a letter
of thanks to C.P.A. for being so cooperative in providing the
lease for the fire hall location. All members voted yes.
Councilmember Wachter was excused from the meeting at
this point.
D 79-110
0C2_14
City Council Minutes
Page Nine
August 21, 1979
BONESTROO, ROSENE & ANDERLIK PARK CONTRIBUTION
Smith moved and Parranto seconded the motion to accept the
contribution of $250 from Bonestroo, Rosene, Anderlik & Associates
for park playground equipment and to forward a letter of thanks
to the firm. All members voted yes.
GOPHER-EAGAN FINAL PLAT NO. 2
The City Administrator recommended approval of the final
plat with minor changes. Smith moved and Egan seconded the
motion to approve the final plat of Gopher-Eagan Second Addition
subject to completing of the development agreement. All members
voted in favor.
D 79-111
R 79-59
D.C.R. COMPANY - CEDARVALE BOWL
A letter from Attorney David Grannis on behalf of the
developers of the Cedarvale Bowl indicating that the liability
coverage including public liquor liability could not be acquired
naming the City as an additional insured and asked for a waiver
of the requirement or for extension of time to complete the
requirements but to approve the issuance of the license,so that
the Cedarvale Bowl could open shortly. Parranto moved and Egan
seconded the motion to approve the issuance of the liquor license
with the understanding, however, that the liability insurance
issue naming Eagan as additional insurer will be determined
within 30 days. All members voted in favor.
NU-WAY BUILDERS VS. THE CITY OF EAGAN AND WILMUS PROPERTIES
The City Attorney updated the Council concerning the Nu-Way
Builders action against Wilmus Properties and the City of Eagan
regarding Mallard Park First Addition. He indicated that a
trial date is now scheduled for September 12th and that a
proposal for settlement by Nu-Way Builders whereby the City would
allow duplex development in the subdivision in return for dropping
the lawsuit was proposed. Councilmembers indicated that when
Mr. Wilmus developed the land, he indicated that it would be
used for single family purposes and that the Council should not
settle on the terms that were proposed.
I.D.R. BONDING - SENATOR JOHN CHENOWETH
A letter from Senator John Chenoweth requesting information
for survey purporses regarding I.D.R. bonding in the City of
Eagan was discussed by Mr. Hedges. The Administrator was authorized
to prepare an appropriate response by letter to Senator
Chenoweth.
City Council Minutes M211 5
Page Ten
August 21, 1979
ASSESSMENT HEARINGS
The Public Works Director recommended the following
assessment hearings be scheduled for 7 p.m. on September 18,
1979, at the City Hall:
Project #221 - Duckwood Estates Utilities.
Project #220 - Reid sanitary sewer.
Project #228 - Oak Chase 4th Addition utilities.
Project #231 - Rustic Hills Addition utilities.
Project #227 - St. Francis Woods Addition utilities.
Project #232 - SuperAmerica Utilities.
Project #249 - Cameron Addition utilities.
Project #253 - Michael Sill Addition utilities.
Project #235 - Clearview Addition utilities.
Project #244 - Durning Addition utilities.
Project #226 - R.L. Johnson Addition trunk storm sewer.
Project #228 - Oak Chase 4th Addition streets.
Project #231 - Rustic Hills Addition streets.
Project #242 - 81st Street.
Project #217 - Hilltop Estates (Eagan Hills North) streets.
Project #245 - River Hills 9th Addition street lighting.
Upon motion by Smith and seconded by Egan, it was RESOLVED
that the foregoing assessment hearings be scheduled as recommended
and that notices be published and mailed. All members voted in
favor.
PROJECT #224 - CHANGE ORDER #2
The Public Works Director recommended approval of Change
Order #2 for Project #224 consisting of Ches Mar Drive storm
sewer improvements near the Jarvi and Ocell property. Parranto
moved and Smith seconded the motion to approve the change order.
All members voted in favor.
PROJECT #237 - CHANGE ORDER #1
The Public Works Director then recommended the approval of
Change Order #1 for Duckwood Drive and Denmark Avenue street
improvements as authorized by the City Council. The plans were
submitted and upon motion by Smith and seconded by Egan, it was
RESOLVED that the plans be approved and that the change order
be authorized as recommended with the understanding that if the
entire road is not installed, the entire project cannot be
installed; that the partial sufacing project will be installed
in 1979. All members voted yea.
City Council Minutes OC I G
Page Eleven
August 21, 1979
FEASIBILITY REPORTS
The following feasibility reports were submitted and
recommended for public hearings to be scheduled for September
18, 1979, at 7 p.m. at the Eagan City Hall:
Project #199 Revised - Quarry Lane street improvements.
Project #281 - Clearview Addition street improvements.
Project #274 - Silver Bell Road relocation street improvement.
Project #275 - Frontage Road A and James Street improvement.
Egan moved and Parranto seconded the motion to accept the
reports and schedule the public hearings as recommended. All
members voted in favor.
STOP SIGN - CARNELIAN LANE AND FLINT LANE
A petition from residents to the City Council requesting
stop signs in an east-west direction at Carnelian and Flint Lane
rather than the present location of the signs in a north-south
direction at the same intersection was presented. Upon motion
by Smith and seconded by Egan, it was RESOLVED that the request
be honored and that the Public Works Director arrange for
relocation of the sign as requested. All members voted in
favor.
VOUCHERS
Egan moved and Parranto seconded the motion to approve the
following vouchers: 739-762; 8693-8790; 12975-13110.
All members voted in favor.
ADJOURNMENT
Upon motion by Murphy and seconded by Parranto, it was
RESOLVED that the meeting adjourn at 11:15 p.m. All members
voted yea.
Dated: August 21, 1979 PHH