04/03/1979 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 3, 1979
A regular meeting of the Eagan City Council was held on
April 3, 1979, at 6:30 p.m. at the City Hall. Those present
were: Mayor Murphy, Councilmembers Parranto, Smith, Egan and
Wachter. Also present were: City Administrator Hedges,
City Engineer Rosene, City Public Works Director Colbert and
City Attorney Hauge.
AGENDA
After the Pledge of Allegiance, Mayor Murphy requested
that the Council review a bill submitted to the 1979 Legisla-
ture by Representative Rees dealing with review of the Metro
Council Systems Plans. Wachter moved and Egan seconded the
motion, all members--voting in favor, to approve the agenda
with the foregoing addition.
MINUTES
Parranto moved and Egan seconded the motion, all members
voted in favor, to approve the minutes of the March 20, 1979,
meeting with the exception that on Page 8, that Lexington
Avenue be included in the plat of Ches Mar East First Addition,
and on Page 11 that Pilot Knob Road plans provide in the
motion that the City request the County Engineer to prepare
plans to permit divided highway including turn lanes from
Yankee Doodle Road northerly to the south access drive to
Univac plant.
1979 G.O. BOND ISSUE
Ernie Clark of Miller and Schroeder appeared and reviewed
a proposed schedule for the issuance of general obligation
bonds for the City covering projects scheduled to be awarded
as of approximately May 15. The total bond issue would be
about $6,515,000 with the recommended sale made on June 5, 1979.
Smith moved and Parranto seconded the motion, all members
voted in favor, to request that the fiscal consultant proceed
with the preparation of a proposal for the sale of the G.O.
Bonds and report to the Council at the next meeting.
At the request of Marvin Bump, the developer of Vienna
Woods Addition, Parranto moved and Egan seconded the motion,
all members voted in favor, to approve the extension of
assessments for Vienna Woods Addition from 5 to 10 years
under Project #259.
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City Council Minutes
FIRE DEPARTMENT
City Administrator Hedges reported concerning progress
regarding the proposed bond issue for improvements to Fire
Hall #1 and the construction of Fire Hall #3. He indicated
that Sven Borgersen had completed the plans and specifications
for Fire Hall #3 and that the Administrator has a proposal
from Co-op Power Association regarding the conveyance of
land on Pilot Knob and Wilderness Run for Fire Station #3.
Upon recommendation of the City Administrator, the following
action was taken:
1. The sample ballot submitted by the City Administrator
as revised and resolution authorizing the election was upon
motion by Egan and seconded by Parranto, all members voting
in favor, approved.
R 79-20B
2. Smith moved and Parranto seconded the motion, all
members voted in favor, to approve the schedule of election
judges according to D 79-49.
D 79-49
3. Upon recommendation of Mr. Hedges, Wachter moved
and Smith seconded the motion to approve and execute the
contract with Trossen, Wright and Associates,. architects,
all members voted yes.
D 79-50
4. Physical Fitness Facilities. There was extended
discussion and Councilmember Wachter recommended that physical
fitness facilities be purchased for the three fire stations.
He also recommended that use of the physical fitness facilities
be mandatory for new firemen and optional but recommended for
present firemen. Sergeant Ken Aszmann of the Eagan Police
Department appeared and reported on the progress of the use
of physical facilities in the Police Department and was strongly
in favor of their use. Wachter moved to provide for the
inclusion in the bond issue of funds for physical fitness
equipment for the three fire stations and further, that the
Council adopt a voluntary physical fitness program for Fire
Department members with the understanding that the amount of
the cost of the equipment will not exceed $10,000 for all three
stations and that it will not exceed the estimated reduction
in cost in the revised design for Fire Station #3. Egan
seconded the motion. Smith then moved to amend the main motion
to provide for an amount not to exceed $6,000 divided equally
amongst the three stations. Parranto seconded the motion.
Those in favor of the amendment were: Parranto, Wachter, Egan
and Smith; Murphy voted no. Those in favor of the main motion
as amended were: All in favor except Murphy who voted no.
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City Council Minutes
POLICE DEPARTMENT
Chief DesLauriers was present and reviewed with the City
Council the proposed route for the zoo walk in the area of the
Minnesota Zoo scheduled for May 5, 1979. Negotiations have
been held with representatives from the zoo and the City of
Apple Valley. The Eagan Police Department recommends the route
which would run easterly of Pilot Knob Road and circle back
to the Minnesota Zoo which would avoid traffic on Johnny Cake
Ridge Road and Cliff Road thereby avoiding conflict with
normal traffic. There was no action taken by the Council.
There were concerns, however, about the effect that a rain
would have on the use of the trails within the Dakota County
Park and Councilmembers suggested that an optional route be
provided in the event of inclement weather.
PARK DEPARTMENT
Rahn Thomas Recreational Trail. Mr. Hedges reviewed
the report of Park Director Schmidt dated March 27 regarding
plans for Rahn Thomas Recreational Trail and indicated that
the plans and specifications are now complete. The estimated
cost would be $80,000 with 90% funding by grants and $8,000
from City funds to be paid from park bond funds. Upon recom-
mendation of the Park Director and upon motion by Wachter,
seconded by Parranto, all members voting yes, it was RESOLVED
that the plans and specifications for the project be approved
and that the Clerk be authorized to advertise for bids to
be opened on Thursday, April 26, 1979 at 3 p.m. at the City Hall.
MEADOWLAND ADDITION FINAL PLAT AND EAGAN HILLS WEST PUD
City Attorney Hauge reviewed with the Council the progress
on the completion of the Planned Unit Development for Eagan
Hills West and the Meadowland final plat. He noted that there
were requirements that had not been completed to date including
the completion of dedication of park land and trails, but
recommended approval of the Meadowland final plat and the
Eagan Hills PUD agreement and other documents subject to final
staff approval. Mr. Rod Hardy and Mr. Dave Sellergren were
present for the applicant.
1. Eagan Hills PUD Agreement. Egan moved and Smith
seconded the motion, all members voted in favor, to approve
the agreement subject to completion of all necessary condi-
tions including ordinances and final staff approval.
D 79-51
2. Meadowland First Addition. Parranto moved and Egan
seconded the motion, all members voting in favor, to approve
the final plat of Meadowland First Addition subject to the
following:
a. Completion of the development agreement.
b. Completion of the park dedication and trail easement.
c. All applicable ordinances and regulations of the City.
D 79-52
R 79-21
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Page Four
City Council Minutes
THOMAS LAKE ADDITION FINAL PLAT
Byron Watschke appeared regarding the application of
Fortune Realty for approval of the final plat of Thomas Lake
Addition. Paul Hauge reviewed some of the conditions that
were yet to be completed and recommended approval subject to
those conditions. Parranto moved and Egan seconded the motion,
all members voted yes, to approve the final plat subject to a
10 foot easement, the completion of the development agreement,
the receipt of Outlot A for park purposes with the understanding
that the City will grant a Quit Claim Deed for the drainage
easement along with west side of the plat and for the existing
street easement along the west line of the plat; and, in
addition, all other ordinances and necessary requirements.
R 79-22
PARKCLIFF ADDITION D 79-53
The application for approval of the final plat of Parkcliff
Addition was next submitted. Mr. Richard Winkler was present
as was Bill Dolan, his engineer. There was discussion concern-
ing the second access requirement and the Council requested
that a guarantee as to the construction of the second access
by the applicant according to the July 18, 1978 City Council
action. It was also suggested that there be a turn around at
the end of Parkcliff Drive for emergency vehicles. Smith
moved and Parranto seconded the motion, to approve the final
plat for Parkcliff Addition subject to the developer agreeing
to a maximum of three years to install the second access to
Cliff Road through Mrs. Olson's property if possible; further,
subject to a turn around at the end of Parkcliff Drive on a
temporary basis and all other conditions including a develop-
ment agreement. All members voted in favor. Wachter then
moved and Egan seconded the motion to approve the development
agreement subject to all conditions imposed by the Council and
staff approval. All members voted yea.
D 79-54
D 79-55
R 79-23
EAGANDALE CORPORATE SQUARE FINAL PLAT
Mr. Tom Davis appeared on behalf of the applicant for
approval of the final plat of Eagandale Corporate Square. It
was noted that there will be no development agreement required.
Parranto moved and Wachter seconded the motion, all members
voted in favor, to approve the application subject to the
completion and recording of the mutual access easement.
R 7924
D 79-56
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THOMAS LAKE SCHOOL ADDITION
It was again noted that no development agreement is
required for approval of the final plat. Parranto moved and
Smith seconded the motion to approve the final plat subject to
normal ordinance requirements and all original conditions of
the Council. All members voted in favor.
D 79-57
R 79-25
D.C.R. COMPANY I.D.R. BONDS
City Administrator Hedges submitted a revised resolution
for approval of the Industrial Revenue Bonds for the D.C.R.
Company bowling alley in Cedarvale and recommended approval.
Smith moved and Egan seconded the motion, all members voted
yea, to approve the resolution and to authorize its execution.
BOND FILE
SUNSET ADDITION
Mr. Phillip Brandt appeared on behalf of his application
for rezoning from A, Agricultural to R-1, Residential Single
and preliminary plat approval of Sunset Addition consisting
of a five acre tract into 12 single family lots west of Dodd
Road.
A number of neighboring residents also were present
objecting to the potential excessive runoff from the property
lying west of Saddlehorn Addition. The owner of the property
on the south side of the Addition also was present and indi-
cated that she would grant the necessary additional 30fOotos.buth
half right-of-way for Hackmore Drive.
The recommendations of the City Engineer were reviewed
as well as the APC minutes which recommended approval subject
to conditions. A petition was submitted by the neighboring
owners indicating that 12 of 18 houses whose owners signed
the petition stated that they have had some water problems.
Wachter moved and Murphy seconded the motion to approve the
rezoning of the property. After considerable additional dis-
cussion, Wachter and Murphy withdrew their motion and second.
Egan then moved and Smith seconded the motion to continue the
application until the May 2, 1979 Council meeting to acquire
additional information concerning the potential impact of
water drainage on the general area. All members voted in
favor.
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City Council Minutes
JOHNSON'S FIRST ADDITION REZONING AND PRELIMINARY PLAT
Mr. David Johnson appeared regarding the application of
Robert T. Johnson and David A. Johnson for rezoning 22 acres
from A, Agricultural to R-1, Residential Single and preliminary
plat approval of Johnson's First Addition at the northeast
corner of Kings Road and Cedar Avenue. It was noted that the
APC recommended approval subject to certain conditions. Egan
moved and Parranto seconded the motion, all members voted in
favor, to approve the rezoning from A to R-1. Egan then moved
and Parranto seconded the motion, all members voted yea, to
approve the application for preliminary plat subject to the
recommendations of the Advisory Planning Commission with the
exception that condition #1 provide that Lot 2 not be granted
a building permit until the utilities are available for Lot 2.
R 79-26
D 79-58
MR. STEAK CONDITIONAL USE PERMIT FOR LIQUOR
Mr. James Durning appeared regarding his application
for conditional use permit for on-sale liquor for a Mr. Steak
restaurant on Lot 2, Durning's Subdivision on Cedar and Cliff
Roads. He stated that he agreed with and would comply with
all recommendations of the APC which recommended approval.
There was discussion as to whether special conditions
should be placed upon any on-sale liquor establishment that
differ from the ordinance and statutory requirements which
could cause excessive compliance and policing problems in
the future. Smith moved and Parranto seconded the motion to
approve the conditional use permit for on-sale liquor subject
to all of the necessary ordinance requirements without the
recommendations of the APC except that the conditional use
permit be subject to annual review by the City. Those in
favor were: Murphy, Parranto and Smith. Those against were:
Egan and Wachter because they indicated that they favored the
restrictions recommended by the APC.
CHRIST LUTHERAN CHURCH WAIVER OF PLAT AND REZONING
The application of Christ Lutheran Church to rezone 10
acres from A, Agricultural to P, Public Facility and for waiver
of plat to permit the recording of a two acre parcel located
on County Road #30 was next considered. Mark Koenig, president
of the church, as well as Larry Storhkirch and other members
representing the church were present. Councilmember Wachter
stated that he would refrain from voting because of his member-
ship in the congregation. Mr. Koenig indicated that the Church
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City Council Minutes
intends to construct an addition beginning in June of 1979
and requested a waiver from the normal platting requirements
that was recommended by the APC because of an error ten years
ago in a grant of a deed for the two acres. It was noted that
four other churches had additions or new construction in
recent years and platting was not required. After discussion,
Smith moved and Egan seconded the motion, all members voted
in favor except Wachter who did not vote, to rezone the entire
parcel to P, Public Facilities. Smith then moved and Parranto
seconded the motion with all members voting in favor, except
Wachter who did not vote, to approve the application for waiver
of plat subject, however, to an additional 17 foot easement
right-of-way grant on County Road #30 measured 50 feet from
the centerline of the existing road, and the required drainage
easements by the City, both according to the APC recommenda-
tions with the understanding that there be no requirement for
platting.
R 79-27
R 79-28
PATRICK EAGAN PARK - THOMAS ROONEY PROPERTY
Attorney Hauge reviewed with the Council a proposed
purchase agreement for the purchase of 19 acres from Thomas
Rooney for the extension of Patrick Eagan Park between
Deerwood Drive and County Road #30. The Park Director recom-
mended approval and it was noted that 75% of the cost of the
land will be paid in the form of state and federal grants.
The acreage cost would be identical to the survey done for the
City in January of 1978, with an additional cost for the
fence along the Caponi property at the time park land was
bought from Mr. Caponi. Smith moved and Egan seconded the
motion, all members voted in favor, to approve the earnest
money contract and direct the Mayor and Clerk to sign all
documents required in order to close the acquisition
D 79-59
CONSULTING ENGINEER RATE SCHEDULE
Robert Rosene of the firm of Bonestroo, Rosene, Anderlik
and Associates, submitted a proposed rate schedule for the
consulting engineer's fees for 1979 indicating approximately
a 6.5% increase per year. Parranto moved and Wachter seconded
the motion, all members voted in favor, to approve the rate
schedule.
D 79-60
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City Council Minutes
MN/DOT TRAFFIC SIGNAL AGREEMENT
City Administrator Hedges submitted a proposed agreement
between the Minnesota Department of Transportation, City of
Eagan and Dakota County covering the cost, maintenance and
operation of traffic signals on Trunk Highway #13 at Silver
Bell Road and on Cedar Avenue at County Road #30. Egan moved
and Smith seconded the motion, all members voted in favor,
to approve the agreements and authorize the Mayor and Clerk
to sign both agreements.
D 79-61
WATER AND SEWER OPERATORS
Mr. Hedges recommended the hiring of Earl O. Doehling
and Laurence Cudo, currently maintenance operator in the
Park Department, as members of the Sewer and Water Depart-
ment. Smith moved and Egan seconded the motion, all members
voted in favor, to approve the hiring of Mr. Doehling and Mr.
Cudo effective April 9, 1979, and further that the Clerk be
authorized to advertise for a permanent replacment for the
Park Maintenance Department.
BUFFER HILLS ADDITION WATER MAIN PETITION
A petition was received from Mr. Don Christianson, the
owner of Buffer Hills Addition, requesting a fesibility study
for the installation of water main to serve Lot 4, Block 1,
Buffer Hills Addition, consisting of Project #238. The pre-
liminary report for the project was also submitted. Egan
moved and Smith seconded the motion, all members voted in
favor, to accept the petition and the preliminary report and
authorize the City Engineer to prepare plans and specifications
and further, that a public hearing be scheduled for May 2,
1979, at the City Hall at 7 p.m.
BRITTANY MANOR UTILITIES
A petition from the owners of Brittany Manor Addition
including Mr. and Mrs. Mickelson and Mr. Tollefson and Mr.
Dahm for sanitary sewer, water, storm sewer and streets in
proposed Brittany Manor was received. Parranto moved and
Smith seconded the motion to accept the petition, to direct
the City Engineer to prepare a feasibility report with the
understanding that no utilities will be installed until the
final plat is approved and recorded and further, to direct
the Engineer to prepare the plans and specifications. All
members voted in favor.
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City Council Minutes
DEERWOOD DRIVE STREET IMPROVEMENTS
A petition for street improvements east of Pilot Knob
Road on Deerwood Drive was introduced to the Council.
Parranto made a motion and Smith seconded the motion to
accept the petition and to direct the City Engineer to prepare
a feasibility report. All members voted yes.
SAFARI ESTATES FEASIBILITY STUDY
The City Engineer prepared a revised preliminary
report covering Improvement Project #254 relating to utilities
and street improvements in the general area of proposed Safari
Estates Addition south of Cliff Road. The Public Works
Director recommended that the Council approve the feasibility
report and order a public hearing to determine whether the
project should be ordered'in. There was discussion concern-
ing the advisability of the Council authorizing the extension
of trunks and the potential inability to finance the extension
because of the excessive number of single family lots,
possibility of forcing undeveloped land in the area to develop,
the fact that development in that area appeared to be premature,
that Safari Estates is an isolated plat a long distance from
existing developments, the large demand for trunk funds in
other areas of the City and the fact that the utility crossing's
for I-35E could be installed independently. Egan moved to
accept the report and to schedule a public hearing for May
2, 1979 at 7 p.m. at the City Hall. There was no second
and the motion died. No action was taken.
WILDERNESS RUN ROAD GRADING PROJECT #267
Parranto moved to accept a petition for improvements
and the feasibility report for the grading for Wilderness Run
Road extension consisting of Project #267, to order the plans
and specifications and to set a public hearing for May 2, 1979,
at 7 p.m. at the City Hall; further, that the Clerk be authorized
to advertise for bids to be opened on Thursday, April 26,
1979, at 3 p.m. and that the City Administrator determine
the uncommitted balance of the consolidated street fund. Egan
seconded the motion and all members voted in favor.
DENMARK LANE AND DUCKWOOD DRIVE STREET IMPROVEMENTS
A petition was received from the abutting property
owners along Denmatk Lane and Duckwood Drive at the last
Council meeting and a feasibility report was prepared and
submitted consisting of Project #269. Public Works Director
Colbert presented the report. He indicated that there were
two alternates for Duckwood and that the report also included
water main and storm sewer improvements. Smith moved and
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City Council Minutes
Parranto seconded the motion, all members voted in favor, to
accept the report and to schedule a public hearing for May 2,
1979, at 7 p.m. at the City Hall, to accept the petition of
the property owners and further to authorize the City Engineer
to prepare the plans and specifications.
BEACON HILLS PROJECT #262
The plans and specifications for Beacon Hills street
improvements consisting of Project #262 were submitted by
the City Engineer and recommended for approval by the Public
Works Director. Smith moved and Egan seconded the motion,
all members voted yea, to accept the plans and specifications
and to authorize the Clerk to advertise for bids to be opened
at the City Hall at 3 p.m. on April 27, 1979.
VIENNA WOODS UTILITY PROJECT #259
Public Works Director Colbert recommended approval of
the plans and specifications prepared by:.the City Engineer.
Parranto moved and Egan seconded the motion, all members voted
yes, to approve the plans and specifications and to authorize
the Clerk to advertise in the legal newspaper for the acceptance
of bids to be opened at 3 p.m. at the City Hall on April 27,
1979, covering Project #259.
ASSESSMENT HEARINGS
City Administrator Hedges recommended that the Council
schedule assessment hearings on four projects for May 2, 1979.
Smith moved and Parranto seconded the motion, all members
voted yea, to accept the recommendation of Mr. Hedges and
schedule assessment hearings for the following projects on
May 2, 1979, at 7 p.m. at the City Hall.
Project #217 - Hilltop Estates utilities.
Project #224 - Ches Mar 4th and 5th Additions utilities
Project #234 - Cliff Rd. trunk sanitary sewer and water main
Project #193 - Ches Mar 3rd Addn. storm sewer assessments
REPRESENTATIVE REES - METRO SYSTEM PLAN HOUSE FILE
Mayor Murphy requested that the City Council review a
proposed bill submitted by Representative Rees to the 1979
Legislature concerning the request for hearings regarding
Metropolitan Council System Plans which consist of an amend-
ment to M.S.A. 473. No action was taken at the present
meeting with later review.
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DUCKWOOD DRIVE AND DENMARK AVENUE BARRICADE
Mr. Kenneth Appelbaum, Mr. Geifer and Mr. John Klein
appeared regarding a barricade placed by the Eagan Street
Department at the instruction of the Council at Denmark Avenue
to block public: traffic on the unimproved portion of Denmark
Avenue and Duckwood Drive.
It was noted that the City Council authorized the barricade
because of the potential liability of the City in the event
of damage or injury to any person traveling over the unimproved
portion of the road. It was noted that the street easement
had been acquired from the affected property owners in 1978
and those in appearance objected to the barricades being
placed in the locations. The Council had permitted the opening
of the street restricted to emergency vehicles only. After
discussion, Smith moved and Egan seconded the motion to
authorize the removal of the barricades upon the entry into
an agreement including a hold harmless provision from Mr.
Appelbaum in favor of the City and liability insurance that
would indemnify the City from any claim that may be caused
by any person who acquires property damage or personal injury
as the result of the unimproved streets. The agreement would
be in effect until the street is improved, all to be approved
and accepted by the City staff. All members voted in favor.
D 79-62
MEADOWLAND STREET IMPROVEMENTS
Mr. Colbert reviewed with the Council the removal of
certain cul-de-sac bubbles on certain streets in Meadowland
Addition and recommended the realignment including variances
for setbacks from lot lines on affected lots. Plans and
specifications for the street improvements were also submitted.
Wachter moved and Egan seconded the motion, all members voted
in favor, to approve the plans with the realignment of the
cul-de-sacs which would include provisions for variances from
front setback requirements; further, that the Clerk be authorized
to advertise for bids to be opened on May 3, 1979 at 3 p.m.
at the City Hall.
VIENNA WOODS ADDITION DEVELOPMENT AGREEMENT ADDENDUM
Paul Hauge submitted a proposed addendum covering Vienna
Woods Addition which had been requested by Mr. and Mrs. Lindo
and approved by them regarding assessments along King Road.
The staff recommended approval. Smith moved and Parranto
seconded the motion, all members voted in favor, to approve
the addendum and authorize its execution.
D 79-63
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ADMINISTRATIVE INTERN RUSTY FIFIELD
City Administrator Hedges recommended the Council
authorize the hiring of Rusty Fifield as Administrative
Intern on a part time (3 day per week) basis effective
April 3, 1979. Egan moved and Wachter seconded the motion,
all members voted yes, to approve the recommendation.
FEBRUARY 6, 1979, COUNCIL MINUTES AMENDMENT
Parranto moved and Murphy seconded the motion to amend
the minutes of the City Council of February 6, 1979 at Page
9 to provide that West Publishing Company Second Addition
should be West Publishing 2nd Addition. All members voted
in favor.
VOUCHERS
Egan moved and Parranto seconded the motion, all
members voted in favor, to approve the following vouchers:
7975-8043; 11891-11980.
ADJOURNMENT
Parranto moved and Egan seconded the motion, all
members voted in favor, to adjourn at 12:10 p.m.
Dated:
PHH
City Clerk