10/02/1979 - City Council Regular
002 /17
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
OCTOBER 2, 1979
A regular meeting of the Eagan City Council was held on October 2,
1979, at 6:30 p.m. at the Eagan City Hall. Those members present
were: Mayor Murphy, Members Wachter, Smith, Egan and Parranto. Also
present were City Administrator Hedges, City Public Works Director
Colbert, City Engineer Rosene and City Attorney Hauge.
AGENDA
Wachter moved and Murphy seconded the motion to approve the
agenda as distributed with the relocation of I-35E alternative con-
sideration at the top of the business agenda. All members voted in
favor.
MINUTES
Upon motion by Smith and seconded by Wachter, it was RESOLVED
that the minutes of the September 18, 1979, meeting be approved with
the exception that on Page 6 that credits will be given for payments
of assessments on Silver Bell Road. All members voted in favor.
FIRE DEPARTMENT
Fire Chief Robert Childers was present.
1. Physical Fitness Equipment. He recommended that the Council
authorize an additional $600 for physical fitness equipment because
of the increase of cost. Wachter moved and Smith seconded the motion
to approve the increase. All members voted yes.
2. Equipment Purchases Bond Referendum. Mr. Childers stated
that the specifications for the purchase of survive-air kits provided
for six and requested that two additional survive-air kits be acquired
for an increase of about $1,500. Parranto moved and Wachter seconded
the motion to approve the additional $1,500 for the purchase of
two survive-air kits noting that an error had been made in the
bidding process. All members voted in favor.
3. Hurst Tool. There was a question concerning the reimbursement
of an additional $3,600 for the purchase of the Hurst Tool and no
action was taken.
IMPROVEMENT BOND SALES - 1979
Mr. Ernie Clark of Miller and Schroeder appeared with a proposal
for the sale of $1,825,000 in improvement bonds and $382,000 general
obligation fire station bonds for 1979. The Finance Committee
recommended approval. Parranto moved and Egan seconded the motion
to authorize the sale of the foregoing bonds and that the Clerk
be authorized to advertise for bids to be opened on November 7, 1979
at 12:00 noon at the Eagan City Hall. All members voted in favor.
SEE BOND FILE
8
0 0 2
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE TWO
NOVEMBER 7, 1979, CITY COUNCIL MEETING
It was noted that the regular meeting of November 6, 1979,
will be on election day and upon motion by Wachter and seconded by
Parranto with all members voting yea, it was RESOLVED that the
regular meeting be rescheduled for Wednesday, November 7, 1979, at
6:30 p.m. at the Eagan City Hall.
POLICE DEPARTMENT
Chief Martin DesLauriers was present.
1. New Uniforms. Mr. DesLauriers explained to the Council
that the Police Department has now acquired new blue uniforms and
has begun wearing them as of October 2, 1979.
2. Stop Sign - County Road #30 and Rahn Road. A request was
submitted for a four-way stop at County Road #30 and Rahn Road and
the Police Chief and Administrator recommended approval. Smith moved
and Wachter seconded the motion to authorize the City Administrator
to request the County for a four-way stop at that location. All
members voted yes.
R 79-70
DODD ROAD IMPROVEMENTS
The City Council discussed briefly the acquisition of certain
easements on Dodd Road and Mr. Gordon Schram was present. He
requested sanitary sewer service be run to the center of his property
on Dodd Road and it was requested that Mr. Schram forward a letter
to the City concerning the location of the service for sanitary
sewer to his property on the East side of Dodd Road.
PUBLIC WORKS DEPARTMENT
Mr. Colbert reported.
1. Cedar Grove Waste Treatment Plant Site. Mr. Colbert reported
that Min/Dot requires additional material of about 200,000 cubic
yards for the completion of the new Cedar Avenue and requested that
some of the material be acquired from the former Cedar Grove Waste
Treatment Plant site owned by the City on Cedar Avenue. A repre-
sentative from Min/Dot was present and indicated that about 40,000
yards could be acquired from the treatment site and that Min/Dot would
make the site level and remove the buildings if the Council requested.
The offer was $ .15 to $ .20 per yard and leave the building or
remove the building and no charge for the material by the City.
Wachter moved and Smith seconded the motion to approve the request
of Min/Dot in order to help expedite the completion of new Cedar
Avenue and that Min/Dot be required to move the building and other
structures and to cover them with at least 6 feet of material below
the finished elevation, all to be subject to approval. All members
voted in favor.
0024119
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE THREE
2. Blackhawk Road Sidewalk. Mr. Colbert discussed a request
from Mr. William Sell, 1761 Serpentine Drive to extend the existing
sidewalk on the West side of Blackhawk Road to Serpentine Drive.
It was noted that sidewalk construction is accomplished with funding
through major street fund and the staff recommended completion of
the sidewalk at this time. Parranto moved and Wachter seconded the
motion to direct the staff to prepare the necessary change order
to complete the existing sidewalk to Serpentine Drive. All members
voted in favor.
1980 PROPOSED BUDGET
City Administrator Hedges reviewed in some detail the proposed
1980 Eagan City Budget. He noted that the Council has been holding
budget meetings on a regular basis. The Council then directed the
Administrator to revise the 1980 budget by reducing the mill rate
to 14.6 mills and it was recommended that the City Council adopt
the mill levy and certify to the County Auditor prior to October 10,
1979. The proposed budget was $2,388,528. There were comments by
Mayor Murphy indicating that the Police Chief requested 4 additional
personnel for the Police Department and the City Council acted to
keep the Police Department at the same level of personnel and that
he, therefore, opposed the budget as submitted. Councilman Smith
indicated that the Council was not levying to the maximum and that
there will be a need for additional capital expenditures in the future
for equipment bonds. He proposed adding $20,000 to the Police De-
partment budget for miscellaneous purposes which may provide for one
part-time police department employee initially with one and a half
officers total by the end of 1980. One comment from the audience
favored the additional patrolman particularly to work within the
drug control area. Smith then moved to adopt the budget as presented
to include an additional $20,000 for the Police Department and to
approve the mill levy to include such increase collectable in 1980
and to authorize the City Clerk to certify the same to the County
Auditor. Parranto seconded the motion and all members voted yes.
R 79-71
ST. FRANCIS WOOD STREETS PROJECT #227
Mayor Murphy then convened the public hearing regarding Project
#227 consisting of the assessments for St. Francis Wood street improve-
ments. The 45 lot parcel at a total cost of $79,132.05 is assessable
over 10 years at 8% interest. There were no objections. Wachter
moved and Egan seconded the motion to close the hearing and to direct
the City Clerk to certify the roll to the County Auditor. All
members voted in favor.
HOUSING PLAN
Upon motion by Parranto, seconded by Wachter, it was resolved
to continue the public hearing concerning Eagan's Housing Plan
until November 20, 1979, at 7 p.m., at Eagan City Hall. All
members voted yes.
0C 2rj®
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE FOUR
CEDAR STREET VACATION HEARING
Mayor Murphy then convened the public hearing regarding the
application of Mrs. Della Braun to vacate a portion of Cedar Street
in Wescott Garden Lots adjoining Lot 2, Block 2, and Lot 2, Block 3,
Wescott Garden Lots. Mr. Ed Meisinger, Jr., appeared representing
Mrs. Braun. He indicated that the home on the Braun property
which is being sold encroaches on the. platted and unimproved Cedar
Street and that Lance Lundsten uses part of the driveway to the
Braun property which is partially on public street and partially
on the private Braun driveway. Mr. Meisinger requested that only
the Westerly portion of Cedar Street be vacated abutting Lot 2,
Block 3. Mr. Lance Lundsten was present and objected to the vacation
because of the possible need to run utilities through on Cedar Street
some time in the future. Mr. Steve Upton appeared for Mr. Hipkins,
the owner to the North and objected to the vacation. There was
discussion concerning cutting down the amount of street area to be
vacated and the City engineer recommended that additional right of
way on the North side of the street be acquired prior to the vacation
of any portion of the street. After discussion, Smith moved and
Parranto seconded the motion to vacate the Easterly 150 feet of the
Southerly 10 feet of Cedar Street lying adjacent to Lot 2, Block 3,
Wescott Garden Lots with the understanding that the property may
be replatted in the future and it may be possible for the City
to acquire the additional 10 feet from the Braun parcel or from the
property to the North to complete the 60 foot road right of way.
All members voted in favor except Wachter who voted no.
DEERWOOD DRIVE - PROJECT #277
The public hearing regarding Project #277 consisting of street
improvements for a portion of Deerwood Drive East of Blackhawk Road
was next opened by the Mayor. Mr. Rosene explained the project and
it was noted that the property owners on the North had been assessed
for street improvements and that a portion of the cost will be assessed
upon completion of the improvement to the property on the South
side of Deerwood abutting the improvements. A number of affected
property owners were present and there were no objections but one
owner requested additional gravel in front of his property during the
winter of 1979-1980. All owners affected appeared to favor the
project. There was discussion concerning sidewalk and the Engineer
recommended that if it is installed that it be installed on the
South side. Smith moved and Egan seconded the motion to close the
hearing, to order in the project and to authorize the City Engineer
to prepare the plans and specifications. All members voted in favor.
Smith then moved and Wachter seconded the motion to authorize the
Public Works Department to install gravel to alleviate the water
problem on Deerwood Drive temporarily. All members voted yes.
002 51
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE FIVE
ENGLERT ROAD STREET IMPROVEMENTS - PROJECT #282
The next public hearing convened concerned Project #282 consisting
of street and storm sewer improvements on Englert Road West of
Pilot Knob Road. A number of affected property owners were present
and the City Engineer explained the project noting that plan A
would provide for standard urban section and plan B would be temporary
surfacing. A number of property owners who would be assessed objected
to the proposed improvements claiming that I-35E is not located
and that it would be a waste of money. After considerable discussion
and objections noted, Parranto moved and Egan seconded the motion
to close the hearing and not to order in the improvements. All members
voted in favor.
NATIONAL BUSINESS WOMAN'S WEEK
Mayor Murphy read a proclamation, submitted by the Northern
Dakota County Business and Professional Woman's Club, claiming the
week of October 21, 1979, as National Woman's Business and Professional
Week in Eagan.
D 79-125
HERREGAN DISTRIBUTORS, INC., INDUSTRIAL REVENUE BONDS
Finance Committee Member Smith recommended that the Council
approve the issuance of $1,200,000 of industrial revenue bonds for
Herregan Distributors, Inc., which had been delayed from September 4,
1979, Council meeting. The proposal was for the construction of
a wholesale floor covering distribution center in Cedar Industrial
Park. The Mayor convened the public hearing pursuant to the statute
and there were no objections to the project. City Administrator
Hedges reviewed the project briefly. Smith then moved and Wachter
seconded the motion to close the hearing and to authorize the issuance
of $1,200,000 industrial revenue bonds for Herregan Distributors
according to the resolution attached to these minutes. Those in
favor were: Murphy, Egan, Smith and Wachter. Parranto abstained.
SEE BOND FILE
I-35E RESOLUTION
Mayor Murphy explained to the large group of affected area
residents present the resolution that was adopted by the City Council
at the last regular City Council meeting on September 18th reaffirming
the City's position on the A-1 alternate for I-35E in light of the
decision made by Judge Jerome Kluck of the Dakota County District
Court on September 13, 1979. It was noted that Judge Kluck overruled
the DNR Commissioner's denial of the bridge permit to Min/Dot across
Blackhawk Lake and ordered the DNR to issue the permit. The City
Council on September 18th requested an extension of time by Min/Dot
00252
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE SIX
to consider the four studies as alternates to A-l. The Council was
granted until October 5, 1979, to submit comments concerning the
Council's preference to an alternate. Smith moved and Egan seconded
the motion to reaffirm the Council's position favoring the A-1 align-
ment of I-35E across Blackhawk Lake based upon the City Council's
history of favoring the A-1 corridor; further, that in the event
that Min/Dot does not proceed on the A-1 corridor for any reason in
the future that the City Council be on record favoring design modi-
fication study A-3 to the original A-2 alignment for reasons including
the fact that there are fewer obstacles and the cost to the City is
smaller except for the small section of frontage acquired; also based
upon the decision for extension of time given by Min/Dot to the
City Council to make its decision on its position until October 5th.
Mayor Murphy spoke against the motion indicating that the Council
does not know the exact alignment, the certainty as to plans for the
A-3 location and the possible EIS challenge. Wachter spoke in favor
of selecting only the A-1 route as did Mayor Murphy. John Klein
was present on behalf of the Urban Council on Mobility and requested
that the Council vote only for the A-1 alignment and requested the
DNR issue the written permit expeditiously. Mr. George Bohlig
representing Associated Families appeared and stated that he felt
that an EIS is not necessry for an A-2 alignment and objected to
the Council favoring only A-1 in its resolution. He further stated
that Associated Families intends to appeal District Court Judge
Jerome Kluck's ruling of September 13th. Donald Christianson re-
quested the Council vote to support the Kluck ruling and the A-1
alignment only. Other members of the audience spoke briefly.
Those in favor of the motion were: Smith, Egan and Parranto.
Against: Murphy and Wachter, all according to the resolution, a
copy of which is attached to these minutes.
R 79-72
SAFARI ADDITION
Mr. Byron Watschke appeared on behalf of the application of
Fortune Realty for final plat approval of Safari Addition. It was
noted that the City Council on September 18th continued consideration
of the final plat application to reevaluate the water supply system to
determine whether Lot 17 through 24, Block 1, should be developed
because of water pressure problems due to their elevation. A letter
report from City Engineer Rosene was reviewed indicating that water
pressure would not be adequate for seven lots without booster pumps.
Mr. Colbert recommended against approving the final plat until adequate
utilities are available particularly for the seven lots. After discus-
sion and indication by Mr. Watschke that he would enter into an
agreement regarding acquisition of the reservoir site on the Seig
property and would contribute up to $50,000 towards the purchase and
acquisition of that site including necessary access for the water
main to that site, Smith moved and Egan seconded the motion to approve
0C2, 75 3
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE SEVEN
the final plat of Safari Addition with the understanding that building
permits will not be issued for the seven lots described above until
water pressure problems are resolved to the staff's satisfaction
which may include the installation of booster systems. Councilman
Wachter discussed a meeting that was held with the Seig family
concerning the acquisition of a water reservoir site on the Seig
property. Also there was discussion concerning access to the Seig
site and the cost of the easement together with the water main
to the site. The following conditions were also placed upon the plat:
1. All recommendations of the APC be approved at the preliminary
plat approval stage including all applicable ordinances.
2. The execution of a completed development agreement together
with escrow to be posted with the City.
3. Execution of the agreement covering the acquisition of
the Seig site with the understanding that the developer will post
a money escrow with the City in the sum of $50,000 acceptable to
the City staff, and in the event that the developer defaults in
the plat, that no additional building permits be issued with the
understanding that the Dakota County site is still the #1 choice
and will be pursued by the City.
All members voted in favor.
D 79-126
R 79-73
EAGAN-METRO SECOND ADDITION PRELIMINARY PLAT
At the request of the applicant, the consideration of the ap-
plication of Metram Properties for preliminary plat approval of
Eagan-Metro Second Addition was continued until the next regular
meeting.
WILDERNESS PARK THIRD ADDITION PRELIMINARY PLAT
Mr. Arnold Carlson appeared on behalf of his application for
preliminary plat approval of Wilderness Park Third Addition noting
revisions to the plat. Mr. Carlson has eliminated Lot 5, Block 2,
and combined Lots 5 and 6 into one lot due to the steep terrain and
bias revised some lot lines. Mr. Colbert recommended that no split
of the combined Northerly Lot 6 be permitted in the future. Wachter
moved and Parranto seconded the motion to approve the revised
preliminary plat with the condition that no future split of the
combined Lot 6 will be permitted and Mr. Carlson indicated that
there will be no objection to a deed restriction providing that
Lot 6 will not be split in the future; further that an agreement
will be submitted to be approved by the staff and that all APC
recommendations will be complied with by the developer. All members
voted in favor.
D 79-127
00254
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE EIGHT
ERICKSON'S COTTONWOOD ADDITION
Mr. Kenneth Erickson appeared regarding his application for
preliminary plat approval for Lots 7 and 8, Block 8, Zehnder's
Acres to be called Erickson's Cottonwood Addition. It was noted
that the parcel consisted of 3 acres with 6 lots proposed. The
APC recommended approval on September 11, 1979, subject to conditions.
Several neighboring property owners were present, none of whom
objected. Vince Kennedy was present and stated that he favored
the proposal and there was discussion concerning the road access
into the interior of Zehnder's Acres. Smith moved and Egan seconded
the motion to approve the application subject to the APC recommenda-
tions and all applicable ordinances. All members voted in favor.
D 79-128
LONE OAK HEIGHTS PRELIMINARY PLAT
The next application considered was the application of Thomas
W. Prokosky for preliminary plat approval and plan approval of
Lone Oak Heights consisting of the Martin Shields property at the
SW corner of Lone Oak Road and County Road #31. Mr. Prokosky was
present as were Mr. and Mrs. Shields and Mr. Harold LeVander, Jr.,
attorney for Mr. and Mrs. Shields. Mr. Prokosky explained the project
and noted that the APC recommended approval subject to certain
conditions. The 17 acre parcel had been zoned R-4 and R-3 and
would consist of 62 townhouses on the R-3 zoned property and 80
unit apartment complex on the R-4 zoned parcel. A number of area
owners were present particularly Timberline Addition. One neighbor
to the North requested a substantial tree line for 400 feet running
Easterly on Lone Oak Road from Pilot Knob Road. There was discussion
concerning the half right of way on Pilot Knob Road and the City
Engineer recommended a 75 foot half right of way. Mr. Prokosky
indicated that he would plat the townhouse lots individually and,
therefore, it appeared that no variances were required. Mr.
Thomas Walsh, Timberline owner, appeared and expressed concerns
relating to the number of apartments, the potential traffic, the
effect on Pilot Knob School and requested a continuance to permit
further consideration including a school impact study. Mr. Mulrooney
was concerned about spot zoning, lack of County approval for access
and asked for a continuance. Mr. Vince Kennedy spoke in favor
and recommended approval provided all ordinances are complied
with. Councilman Smith stated his concerns about only one access
to the townhouse complex and the fact that the development density
is at a maximum. It was understood that the project would be rental
and that there will be no subsidy housing according to Mr. Prokosky.
The staff recommended one access to Pilot Knob Road with a large
stacking distance at the access. There were concerns concerning
internal circulation of the townhouse complex and it was noted that
the Council had rezoned the property and had approved the acquisition
of 10 acres by dedication and purchase on February 18, 1975. Mr.
00255
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE NINE
Parranto requested consideration of two entrances to the townhouse
complex. Parranto moved and Smith seconded the motion to continue
the application for two weeks. The President of the Timberline
Association, Mrs. Thomas, expressed her concerns about density
and other issues. The matter was continued to allow the developer
to meet with the surrounding residents and to offer sufficient time
to submit a revised development scheme of the project. All members
voted in favor.
WILLIAM COLE - EARTH SHELTER HOME AND SCULPTURE STUDIO
Mr. William Cole appeared on behalf of his application for
variance for sculpture studio on 40 acres of agriculturally zoned
land and to construct an earth shelter active and passive solar
home located East of the Dayton-Hudson Property on Lone Oak Road.
There were no objections to the request. It was noted that no
buildings are located on the 40 acres at the present time. Parranto
moved and Egan seconded the motion to approve the application
for sculpture studio and earth shelter home. All members voted
in favor.
YANKEE DOODLE TERMINAL PARK PRELIMINARY PLAT
Mr. William Dolan and Mr. William Hawks appeared regarding the
application of Mr. Hawks for preliminary plat approval of Yankee
Doodle Terminal Park located on Yankee Doodle Road extended Northerly
along the Chicago Northwestern Railroad right of way. It was noted
that a variance from the parking requirements will also be required
and the proposal indicates 18 parking spaces with 292 parking
spaces required by ordinance. The APC recommended approval on
September 25th subject to conditions. There was concern by Council
members of the possibility of splitting the building into separate
ownerships including use for office space. There were no objections
to the proposal from surrounding property owners. It was noted
that 58 parking stalls could be provided. Smith moved and Wachter
seconded the motion to approve the application for preliminary plat
provided, however, that scheme A will be utilized providing for 58
parking stalls and further that in the event of a change in use
of the building or division of the building for purposes other than
solely warehouse uses, that restrictions be placed upon the property
and approved by the City Attorney that would require City Council
approval prior to such subdivision or revision in use. Those in
favor: Smith, Wachter, and Murphy. Against: Parranto and Egan.
Smith then moved and Egan seconded the motion to approve the grading
permit on the property subject to final staff approval. All members
voted yes except Parranto who voted no.
D 79-129
CITY COUNCIL MINUTES 002s56
OCTOBER 2, 1979
PAGE TEN
IMPROVEMENT PROJECT #283-JOHNNY CAKE RIDGE ADDITION UTILITIES
City Engineer Rosene submitted the feasibility report for
Johnny Cake Ridge Addition utilities under Project #283 and recom-
mended approval. Parranto moved and Egan seconded the motion to
accept the preliminary report, to schedule a public hearing for
November 7, 1979, at 7 p.m. at the Eagan City Hall and to order
the City Engineer to prepare the plans and specifications. All
members voted in favor.
IMPROVEMENT PROJECT #284-WINDTREE ADDITION STREETS AND UTILITIES
The next preliminary report submitted by the City Engineer
covered Project #284 consisting of utility improvements and street
improvements for Windtree Addition. Parranto moved and Wachter
seconded the motion to accept the report, to schedule a public
hearing for November 7, 1979, at 7 p.m. at the Eagan City Hall
and to order the City Engineer to prepare the plans and specifications.
All members voted yea.
DEEP WELL NO. 6 - PROJECT #286
City Engineer Rosene submitted the preliminary report for
Project #286 consisting of Deep Well No. 6 for construction of
West of Univac Property off Coachman Road. Wachter moved and Egan
seconded the motion to accept the report, to schedule a public
hearing for November 7, 1979, at 7 p.m. at the Eagan City Hall,
and to order the City Engineer to prepare the plans and specifications.
All members voted in favor.
IMPROVEMENT PROJECT #79-21
SADDLEHORN, LAKESIDE AND OVERVIEW ESTATES STREETS
The plans and specifications were submitted by the City Engineer
for street improvements for Improvement Project #79-21 consisting of
Saddlehorn Addition, Lakeside Estates and Overview Estates areas.
Egan moved and Parranto seconded the motion to accept the plans
and approve the plans and specifications, to authorize the City
Clerk to advertise for bids to be opened on October 25, 1979, at
3 p.m. at the Eagan City Hall. All members voted in favor.
JOHNNY CAKE RIDGE ADDITION GRADING PERMIT
The application of U.S. Homes - Orrin Thompson Homes for
grading permit for Johnny Cake Ridge Addition was reviewed by the
Public Works Director. The staff recommended approval. Egan
moved and Wachter seconded the motion, to approve the permit as
requested. All members voted in favor.
00257
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE ELEVEN
BUFFER HILLS ADDITION CHANGE ORDER
Change Order #1 for water service for Buffer Hills Addition
was recommended for approval by Mr. Colbert covering Lot 4, Block 1,
Buffer Hills Addition. Parranto moved and Egan seconded the motion
to accept the recommendation and to authorize a change order to
Improvement Project #79-15 in the amount of $3,000. All members
voted in favor.
ELECTION JUDGES FOR 1979
A schedule of proposed election judges for the November 6,
1979, election was submitted for consideration. Egan moved and
Parranto seconded the motion to approve the election judges as
proposed. All members voted in favor.
D 79-130
BOND COUNSEL - TAX EXEMPT MORTGAGE FINANCING
The City Administrator reviewed the proposal by Mr. James
Holmes of Holmes and Graven, Minneapolis attorneys, for the position
of bond counsel for the proposed $20 million tax exempt mortgage
financing issue considered by the City. Smith moved and Parranto
seconded the motion to accept the proposal and to engage Holmes
and Graven as counsel for the tax exempt bond issue for Eagan.
All members voted in favor.
DUCKWOOD DRIVE - IMPROVEMENT PROJECT #79-20
The bids for Improvement Project #79-20 consisting of Duckwood
Drive street improvements were scheduled to be opened on September 27,
1979. The Public Works Director requested, however, that the award
of the contract be delayed and continued until the next regular meeting.
CONDITIONAL USE PERMIT RENEWALS
The following conditional use permits were considered:
1. Mrs. JaNette Flogstad, 4300 Blackhawk Road, for Christian
Day Care Center at the Blackhawk address;
2. Orvilla Homes Company in the name of James Driscoll and
Tom Miller at 3430 Wescott Hills Drive for a Home for the working
retarded people; and
3. Alfred Wiger at 780 Blue Gentian Road for Practice Group
Therapy.
Smith moved and Wachter seconded the motion to approve the fore-
going conditional use permits for a one year period. All members
voted in favor.
D79-131
002,
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE TWELVE
JOINT AIRPORT ZONING BOARD
The City Administrator submitted a resolution authorizing
participation in a joint airport zoning board which had been sub-
mitted to the City by legal counsel for the Metropolitan Airport
Commission. It was noted that the area to be zoned included land
in the City of Eagan and two residents of Eagan were requested as
members of the airport zoning board. The City Administrator recom-
mended approval of the resolution and the appointment of two members.
Egan moved and Wachter seconded the motion to approve the resolution
and that the City of Eagan become a member of the joint airport
zoning board, all according to the resolution, a copy of which
is attached to these minutes. All members voted in favor. In
addition, the City Administrator was requested to advertise for
candidates for the board and to submit the candidates to the City
Council for approval.
R 79-74
ELECTION EQUIPMENT USE AGREEMENT
The next item considered by the City Council was a joint use
agreement for election equipment to be purchased with Apple Valley,
Mendota Heights, Rosemount and Inver Grove heights. It was noted
that the new ballot tab counter which will cost $28,500 is proposed
to be purchased by all five communities with Eagan paying 28.8%
based upon population. The City Administrator recommended approval.
Smith moved and Parranto seconded the motion to approve the joint
use agreement and order its execution. All members voted in favor.
D 79-132
WILDERNESS PARK SECOND ADDITION ESCROW
The City Engineer recommended the bond escrow for Wilderness
Park Second Addition to be reduced to the sum of $14,150, reduced
by $3,850. Egan moved and Smith seconded the motion to approve
the bond reduction. All members voted yes.
SEAL COAT PROJECT 1979
Mr. Colbert recommended final payment on the 1979 seal coat
project. Wachter moved and Parranto seconded the motion to approve
the final payment and acceptance of the project. All members
voted in favor.
00259
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE THIRTEEN
GOPHER - EAGAN INDUSTRIAL PARK THIRD ADDITION
At the request of the engineer for the developer of Gopher -
Eagan Industrial Park Third Addition, upon motion by Egan and
seconded by Parranto, it was RESOLVED to extend for an additional
six months the period for the completion of the preliminary plat
for the Addition. All members voted yes.
WILDERNESS RUN FIRST AND THIRD ADDITIONS AND
CHES MAR FIRST ADDITION STREET LIGHTS
A petition from 56 residents in Wilderness Run First and Third
Additions and Ches Mar First Addition was submitted for review
requesting a feasibility report by the City for street lighting
in those Additions. Upon motion by Wachter and seconded by Smith,
it was RESOLVED to accept the petition and to request a feasibility
report by the City Engineer. All members voted in favor.
D 79-133
YANKEE SQUARE SOFTBALL TEAM
Upon motion by Smith and seconded by Wachter, it was RESOLVED
that the application of Joanne Holback for 3.2 temporary beer permit
on October 13, 1979, for the Yankee Square softball team at Univac
Field was approved subject to the Police Department approval. All
members voted yes.
BUS SERVICE TO BURNSVILLE CENTER
A petition was submitted to the City Council requesting its
support for bus service to the Burnsville Center - Apple Valley
area. Parranto moved and Wachter seconded the motion to return the
petition indicating that the City Council was not in a position
to circulate petitions in the City. All members voted in favor.
IMPROVEMENT CONTRACTS
City Attorney Hauge submitted two contracts for approval
and execution by the City Council as follows:
1. Improvement Project #79-19 - McNamara-Vivant Construction
Company.
2. Improvement Project #79-16 - Minnesota Valley Surfacing
Company.
Upon motion by Egan and seconded by Wachter, it was RESOLVED
to approve the execution of the two contracts. Parranto voted
aye except he abstained in relation to the Lake Park Addition project.
All other members voted in favor.
OO2O
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE FOURTEEN
ROBIN GEIGER d/b/a MAK'N MAGIC VS. CITY OF EAGAN
Paul Hauge reviewed briefly with the Council the status of
the injunction action being brought by Robin Geiger on behalf of
Mak'n Magic, the drug paraphernalia shop on Cedar Avenue, against
the City. He indicated that Federal Judge Donald Alsop issued an
Order on Septmeber 28th denying the motion for rehearing by Mr.
Geiger, but granted a motion to amend the complaint and also granted
a motion for extension of the temporary injunction enjoining the
City from enforcing Ordinance No.71 during the appeal. He stated
that an appeal had been brought by Mr. Geiger to the 8th Circuit
Court of Appeals in St. Louis and that a motion had been made by
the City Attorney for expedited hearing either in October or
November of 1979 or at the latest, in December of 1979.
RESOLUTION FOR MAJOR STREET FUNDING
A resolution submitted by Councilman Egan for major street
funding in the City of Eagan was discussed. The matter was continued
until the November 7th Council meeting.
CEDARVALE CENTER STOP SIGN
A letter from Dr. Fuller requesting a stop sign in Cedarvale
shopping center next to the Mid-America Bank was referred to the
Public Works Director for recommendation.
NORTHERN NATURAL GAS MAIN REPLACEMENT
Mr. Colbert reported to the City Council that as of October
15th, Northern Natural Gas will be replacing gas mains from Pilot
Knob Road running Southwesterly through the City to be completed
by December 15th. It was noted that all roads will be open cut
and the City Council requested that notice will be placed on all
such roads in at least one week before the roads are torn up by
the gas company.
DREXEL HEIGHTS ADDITION
Mr. Colbert also reported on the repair work being done in
Drexel Heights Addition and indicated that the breaks in the water
and sewer mains are less severe than had been expected. He also
reported that it will be necessary to cut into the street in front
of the Henry Braun and Harvey Braun property and indicated that
Henry Braun requested three driveway accesses through an outlot
in Drexel Heights owned by the City. No action was taken by the
City Council and it was referred to the Park Committee for recommen-
dation and approval.
00261
CITY COUNCIL MINUTES
OCTOBER 2, 1979
PAGE FIFTEEN
SPECIAL COUNCIL MEETING
A special City Council meeting to review the budget was scheduled
for October 11th at 7 p.m. at the Eagan City Hall.
IMPROVEMENT PROJECT # 79-10 AND PROJECT #186 -
TRUNK WATER AND SEWER CROSSINGS - CEDAR AVENUE
The City Engineer indicated that the Minnesota Department of
Transportation has requested expedited installation of trunk water
and sewer crossings on James Street and Frontage Road A along Cedar
Avenue. He indicated that because of the advanced stage of construction
on Cedar Avenue that it would be necessary on an emergency basis
for the City to install the utilities and sewer crossings as soon
as possible. Parranto moved and Wachter seconded the motion that
in light of the emergency and because of the request for immediate
action by Min/Dot because of the progress of the highway construction,
the necessity to complete the project in the fall of 1979 and the
fact that there are available construction contracts in existence
with the City of Eagan at the present time where change orders can
be acquired, that the City Council approve the change orders for
the following improvement projects:
1. Change Order No. 1 to Improvement Project #79-10.
2. Change Order No. 2 to Improvement Project #79-10.
All members voted in favor.
VOUCHERS
Egan moved and Smith seconded the motion to approve the following
vouchers: 8942 - 9013; 13348 - 13452.
All members voted in favor.
ADJOURNMENT
Wachter moved and Murphy seconded the motion to adjourn at
1:15 a.m. All members voted in favor.
DATED: October 2, 1979 PHH
t
CITY CLERK