02/20/1979 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 20, 1979
A regular meeting of the Eagan City Council was held on
February 20, 1979, at 6:30 p.m. at the City Hall. Those
present were: Mayor Murphy, Councilmembers Parranto, Egan,
Smith and Wachter. Also present were: City Administrator
Hedges, City Public Works Director Colbert, and City Attorney
Hauge.
AGENDA
After the Pledge of Allegiance, Smith moved and Wachter
seconded the motion to approve the agenda as distributed
with some revisions in placement of items on the agenda.
All members voted in favor.
MINUTES
Parranto moved and Egan seconded the motion, all members
voted in favor, to approve the minutes of the February 6,
1979, Council meeting with the exception that on page 8
regarding the Red Owl Warehouse variance paragraph, that Mr.
Parranto had requested the staff to review the O.K. Manufacturing
Plant in Sibley Terminal Industrial Park to determine whether
a precedent had been set regarding setbacks and lot coverage.
FIRE DEPARTMENT
Fire Chief Bob Childers was present.
1. Mr. Childers requested that the Council approve the
Mutual Aid Agreement with DNR dated February 15, 1979.
Smith moved and Parranto seconded the motion, all members
voted in favor, to approve and order its execution.
D 79-26
2. Hurst Tool. Mr. Childers and Mac Carll, the Rescue
Squad Chief, discussed the purchase of a Hurst Tool and indi-
cated that a total of $1600 will be donated by the Eagan
Lioness and Lions Clubs and recommended the $3600 from salaries
for rescue squad be diverted for the purchase of the Hurst
tool which will cost $5400. Wachter moved and Parranto
seconded the motion, all members voted in favor, to approve
the purchase of the Hurst tool and the transfer of the $3600
from rescue squad funds. Smith moved and Egan seconded the
motion, all members voting in favor, to reimburse the rescue
squad volunteers if funds are available for salary purposes.
February 20, 1979
Page Two 0 037
City Council Minutes
PARK DEPARTMENT
Mr. Hedges stated that three of the four appointments
made by the Park Committee on February 6th would be for a
term of 3 years and one for a term of one year. The Council
also discussed the attendance of member Norm Hagen at Park
Committee meetings. Parranto moved and Egan seconded the
motion that the matter of the continued membership of Norm
Hagen on the Park Committee be considered before the length
of terms of the others is considered. All members voted in
favor. The City Administrator was requested to send notice
to Mr. Hagen concerning the possibility of the Council's
refilling his position on the Park Committee.
PUBLIC WORKS COMMITTEE
Public Works Committee Chairman Wachter reported and
requested that the north wall in the Public Works garage be
insulated. Wachter moved and Parranto seconded the motion,
all members voted in favor, to authorize the insulation of
the wall in the Public Works garage.
2. Surplus Equipment. Egan moved and Wachter seconded
the motion and upon the recommendation of the Public Works
Director, the Western snowblower was authorized to be sold
to Ray Rahn for the sum of $500. All members voted yes.
3. Cooperative Power Request. Cooperative Power
Association requested the Council indicate a proposed time
table for the improvement of Deerwood Drive and Blackhawk
Road for electrical line installation. A proposed resolution
was submitted by the Public Works Director providing that
Wescott Road from Pilot Knob Road to Lexington Avenue is
proposed to be improved to 100 foot right-of-way by approxi-
mately 1983 and Deerwood Drive from Blackhawk Road to Pilot
Knob Road is proposed to be upgraded to 80 foot right-of-way
consistent with the completion of I-35E approximately in
1985. Smith moved and Wachter seconded the motion, all
members voted in favor, to approve Resolution 79-8 except
Wachter who abstained because he indicated that he may be
affected by the right-of-way.
R 79-8
4. Sewer and Water Rate Study. Mr. Colbert reviewed
a memorandum dated February 15, 1979, recommending that the
City Council authorize a sewer and water rate study to be
performed by the City consulting engineer firm with an
estimated cost from $1100 to $1300. Parranto moved and
Wachter seconded the motion, all members voted in favor, to
approve the study.
February 20, 1979
Page Three 038
City Council Minutes
5. Water Reservoir Location. Mr. Colbert submitted a
memorandum dated February 16, 1979, concerning a proposed
4 million gallon water reservoir in the Safari Estates area.
It appeared that the Dakota County Board is favorable to
the location of the reservoir in the Dakota County Park under
certain conditions. Egan moved and Wachter seconded the
motion, all members voted in favor, to approve Resolution
79-9 which formally requests the Dakota County Board of
Commissioners to enter into an agreement to reserve a perma-
nent future location for the proposed 4 million gallon water
reservoir in Dakota County park land lying east of proposed
Safari Estates and south of Cliff Road on a site mutually
acceptable between the City and the County upon terms to be
provided in the proposed agreement.
R 79-9
GAMBLING AND BINGO ORDINANCE NO. 70
The Councilmembers reviewed with the City Attorney
the proposed Ordinance No. 70 covering gambling and bingo
including a letter dated February 1st from Mr. Hauge to the
City Council in response to Councilmember Parranto's questions.
After considerable discussion, Smith moved and Egan seconded
the motion, all members voted in favor, to approve and adopt
the ordinance and order its publication with the following
revisions:
A. Parranto moved and Murphy seconded the motion, all
members voted in favor, to provide that a member(s) children
in a bingo game under Section 70.07 could also be included.
B. Smith moved and Egan seconded the motion, all members
voted yes, to provide a maximum of 26 bingo games per year
under Section 70.07.
C. Parranto moved and Smith seconded the motion, all
members voted yes, to reword Section 70.08, Subdivision 6,
providing that the licensee must own or lease for at least
one year.
D. Smith moved and Parranto seconded the motion, all
members voted in favor, to include in the ordinance and appli-
cation a provision that there is a right to search the books
of the licensee and provide for the same provision in the
ordinance whereby the Chief of Police or City Administrator
has the right to look at the books and records. Any member
of the Police Department may be designated inspect the.records
of the gambling and bingo ordinance licensee at the request
of the Police Chief or the City Administrator.
February 20, 1979 0 039
Page Four
City Council Minutes
The City Administrator submitted a proposed fee schedule
and upon motion by Parranto and seconded by Smith, all members
voting in favor, the fee schedule was adopted with the excep-
tion, however, that there would be a $10 fee for each two
day event with the combination license at $25; further, that
the fee schedule be reviewed within approximately one year by
the Council.
R 79-10
EAGAN LIONS RAFFLE APPLICATION
The application of the Eagan Lions and Eagan Lioness
Clubs for raffle application was submitted and recommended
for approval. Upon motion by Parranto and seconded by Egan,
all members voting in favor, it was RESOLVED that the appli-
cation be approved.
ST. JOHN NEUMAN CHURCH COMBINATION BINGO AND GAMBLING LICENSE
Egan moved and Parranto seconded the motion, all members
voted in favor, to approve the one day combined license for
February 24, 1979 for St. John Neuman Catholic Church.
RAUENHORST - RED OWL CORPORATION VARIANCE
Michele Foster appeared on behalf of the application
of Rauenhorst Corporation for a variance for a 15 foot rear
yard setback and 50% lot coverage for a warehouse for the Red
Owl Company on Lot 32, Block 4, Eagandale Center Industrial
Park No. 4 on Yankee Doodle Road. Comments of the Building
Inspector and the drawing covering the original site plan of
1979 were reviewed. There was concern amongst Councilmembers
about setting a precedent. The APC recommended denial. It
was noted that the Council had granted a variance to O.K.
Manufacturing from 35% to 39% lot coverage. There was discus-
sion concerning the change in ordinance since 1970 and the
1970 drawing indicated "future expansion" designations. It
was suggested that there be replatting so that there would
be one lot for all of the Red Owl property in the event that
the area is expanded. Ms. Foster indicated that Red Owl
would buy an additional 22 acres. Smith moved to deny the
application for the same reasons as outlined by the APC and
Egan seconded the motion. Those in favor were: Egan and Smith.
Those against: Murphy, Parranto and Wachter. Murphy then
moved to grant the variance for 50% lot coverage and that
Rauenhorst and Red Owl would be responsible for replattind to
one lot so that it cannot be split in the future for the
additional land coverage. Parranto seconded the motion. Those
in favor were: Murphy, Parranto, Smith and Wachter. Against:
Egan. Parranto then moved and Wachter seconded the motion to
deny the 15 foot variance application. All members voted in
favor except Murphy who voted no.
February 20, 197 9 0 040
Page Five
City Council Minutes
WILLIAM JONES TRAILER PERMIT
Mr. William Jones appeared at his own request regarding
a complaint that had been filed against him for the location
of a trailer on his property on Cliff Road on a temporary
basis during construction of a single family residential home.
It was noted that the permit was granted on March 15, 1977,
and extended on April 4, 1978, to November 1, 1978. He indi-
cated that he was leasing the trailer and reviewed the history
of the application. He stated that it was not possible to take
the trailer off in the winter, that the foundation of the
residence on the property will be started the next day and
that no one is occupying the trailer.
Parranto moved to extend the permit until two weeks
after the road restrictions are lifted because of weather
conditions. Wachter seconded the motion, all members voted
yes. Wachter then moved to cancel the misdemeanor complaint
under the Eagan ordinance that had been filed against Mr.
Jones and Parranto seconded the motion; all members voted
yes.
ALICE GULBRANSON SPECIAL USE PERMIT FOR BEAUTY PARLOR
Alice Gulbranson appeared on her own behalf for a special
permit under Ordinance No. 52 to operate a beauty parlor in
her home at 1865 Jade Lane. A report from the City Planner
was reviewed demanding certain conditions in the event of
approval. Mrs. Gulbranson submitted a list of names of
neighbors who indicated no objection to the beauty parlor
permit. Smith moved and Wachter seconded the motion for the
application to be granted for special permit subject to the
following conditions:
1. The hours of operation should be from 8 a.m. to
8:30 p.m. only.
2. The only employee would be the occupant of the
household.
3. That the parking would be on-site and limited to
two customer's automobiles.
4. That there be no commercial signs advertising the
business except for the type of sign that is allowed
in R-1 district.
5. That there be no over the counter sales of merchandise.
All members voted yes.
February 20, 1979 0 041
Page Six
City Council Minutes
Parranto then moved to amend Ordinance No. 52 to provide
for special use permits for beauty parlors in R-1 zoned
districts with the conditions that are outlined above in the
Gulbranson application. Egan seconded the motion, all members
voted yes.
MURPHY HOUSE LIQUOR LICENSE TRANSFER
Mr. Gregory Eastman appeared on behalf of his application
to transfer the Murphy House liquor license from Ray Murphy
to Gregory Eastman. It was. noted that the Police Department
investigation indicated that his record was clear and in
order for consideration including on-sale liquor and Sunday
liquor. Wachter moved and Smith seconded the motion, all
members voted in favor, to grant the transfer of the license
subject to all applicable ordinance requirements. All members
voted yes.
NORMAN VOGELPOHL LIQUOR LICENSE
Mr. Norman Vogelpohl next appeared regarding his appli-
cation for on-sale liquor license at 3434 Washington Drive
in Yankee Square Shopping Center. He indicated that his
application for on-sale liquor and Sunday liquor would be
for an establishment to be located at a future date at that
address. It was noted that the Council had granted an exca-
vation permit for the location but had not granted a building
permit. There was Council concern that there be only one
on-sale liquor license in the shopping center area and further,
certain Councilmembers stated they prefer it to be located in
a proposed motel adjacent to the restaurant. Parranto then
moved to continue the matter until the next meeting to permit
the staff to research the background of the building permit
and liquor license.
GEORGE SAAD ON-SALE BEER AND WINE LICENSE
The application of George Saad for on-sale beer and
wine license for a restaurant at 1665 Yankee Doodle Road, the
former 7-11 store, was next reviewed. There was no objection
by the Police Department. Smith moved and Egan seconded the
motion, all members voted in favor, to grant the application
for on-sale beer and wine license only with the same condi-
tions to prevail concerning the approval of the restaurant
application.
ST. JOHN NEUMANN TEMPORARY BEER LICENSE
The application of St. John Neumann Catholic Church for
temporary 3.2 beer license on February 24, 1979, was next intro-
duced. Parranto moved and Smith seconded the motion, all
members voted in favor, to grant the application.
February 20, 1979
Page Seven
City Council Minutes O1
TAX EXEMPT MORTGAGE FINANCING
Finance Committee Chairman Parranto reviewed with the
Council and the large group of concerned individuals present
the findings to date of the Finance Committee regarding
industrial revenue bonding for financing single family homes.
He indicated three methods:
A. That of pooling a number of builders into one
project and issuing the bonds.
B. A single builder - developer on one project.
C. The City forming a non-profit corporation and the
corporation buying the mortgages from banks to he
available for financing both purchase and/or additions
to existing homes or financing new homes.
It was noted that an Attorney General's opinion is
being sought regarding approval of the last method. There
was considerable discussion by the Councilmembers concerning
their interest in industrial revenue financing for single
family homes in the area and a large group of people spoke in
favor of the Council approving of such financing. Finance
Committee members indicated that they would not recommend one
single builder or area for financing.
Mr. Rod Pakkonen of Piper, Jaffray and Hopwood appeared
regarding legislation for tax exempt mortgage financing
that has been introduced into the 1979 legislature. After
further discussion, Wachter moved and Parranto seconded the
motion, all members voted in favor, to schedule a special
workshop session regarding single family financing for March
J., 1979 at 7:00 p.m. at City Hall.
PUBLIC LIBRARY FACILITY
Mr. Hedges indicated that a decision of the Dakota County
Board of Commissioners concerning site selection for a library
facility will not be made by the Board until February 27,
1979. No action was taken.
VIENNA WOODS FINAL PLAT
The final plat of Vienna Woods Addition was reviewed
by the Council. Upon motion by Wachter, seconded by Egan,
all members voting in favor, it was RESOLVED that the final
plat as presented be approved. Mr. Charles Slocum appeared
for the applicant. The development agreement for Vienna Woods
and also park agreement prepared by the City Attorney were
February 20, 1979
3
Page Eight 00043
City Council Minutes
submitted and recommended for approval. Parranto moved and
Egan seconded the motion, all members voted yes to approve
the development agreement and the park agreement and order
their execution.
R 79-11
D 79-27
D 79-28
D 79-28A
CHES MAR EAST FIRST ADDITION
The application of David Gabbert for final plat approval
of Ches Mar East First Addition and development agreement was
next discussed. Parranto moved and Smith seconded the motion,
all members voted in favor, to approve the following in relation
to Ches Mar East First Addition:
1. To accept the warranty deed for the park including
Outlots B and C.
2. To accept the trail easement for the trail in Ches
Mar East First Addition.
3. To approve the development agreement.
4. To approve the final plat of Ches Mar East First
Addition.
5. To approve, subject to the suveyor for the developer,
assisting the park maintenance crew in the spring of
1979 at the developer's expense to mark the boundaries
of the park and trail and subject to all applicable
ordinances.
D 79-29
D 79-30
R 79-12
CLEARVIEW NO. 2 FINAL PLAT
The application of Donald Thorpe for final plat approval
of Clearview No. 2 and development agreement was next presented.
Smith moved and Parranto seconded the motion to approve the final
plat and development agreement for Clearview No. 2 subject to
ordinance provisions. Those in favor were: Parranto, Smith
and Murphy. Those against were: Wachter and Egan.
D 79-31
D 79-25
R 79-13
February 20, 1979 4 044
Page Nine
City Council Minutes
BEACON HILL FINAL PLAT, PUD AGREEMENT AND DEVELOPMENT AGREEMENT
Mr. Rod Hardy appeared on behalf of the application of
Dunn & Curry Real Estatement Management, Inc., for final plat
approval of the Beacon Hill Addition including PUD approval
and development agreement approval. He indicated that Lots
1-8, Block 1, include the model homes and that the developers
were now requesting the City to install all utilities and
street improvements. It was further noted that the Park
Committee had requested that a trail easement be included at
the northwest corner and Mr. Hardy indicated that Dunn & Curry
and Centex Homes Midwest will review the matter for consider-
ation. Smith moved and Wachter seconded the motion, all
members voted in favor, to approve the final plat of Beacon
Hill Addition subject, however, to completion and approval by
the City staff of the planned unit development agreement and
the development agreement, approval by Centex Homes of all
provisions of the agreements, subject to the Advisory Planning
Commission recommendations and further, with the understanding
that the applicant and Centex Homes will consider the dedi-
cation of a trail easement as requested by the Park Committee.
R 79-14
D 79-32
D 79-33
JUDD BROWN TEMPORARY BLACKTOP FACILITY
Mr. Don Eide of Judd Brown, Mankato, Minnesota, appeared
on behalf of its application for special permit to allow
temporary blacktop facility in an area zoned Agricultural
adjacent to proposed Cedar Avenue. He stated that the tempor-
ary blacktop facility would be used exclusively for the black-
top improvements for Cedar Avenue and is subject to Judd
Brown acquiring the low bid for the contract for the blacktopping.
Smith moved and Parranto seconded the motion, all members voted
in favor except Wachter who voted no, to approve the application
subject to the following conditions:
1. That hours of operation be limited from 6 a.m. to
6 p.m.
2. That the facility not be operated on Sundays.
3. That Judd Brown Construction Company shall obtain
a Pollution Control Agency operating permit for the
facility.
4. That the temporary blacktop facility be used for
the surfacing of Cedar Avenue only rather than incidental
disposal of blacktop.
5. That the facility be removed after the completion
of the contract and the restoration of the property
be completed to its present condition.
February 20, 1979
Page Ten 0 045
City Council Minutes
6. That the Council review the permit 90 days after
start up to determine whether the operation is violating
its conditions or if there are any serious objections.
7. That no trucks serving the plant use public roads
during rush hour traffic other than a bare minimum,
that sand and gravel trucks not be allowed to use the
public streets during rush hour and that coordination
be accomplished with the Director of Public Works for
oil tankers using public streets during rush hour.
Councilmember Wachter suggested that the operation be
moved either north or south to avoid any potential odor
problems.
LAKE PARK ADDITION FEASIBILITY STUDY
A request from J.P.K. Company for a public improvement
facility study for Lake Park Addition was received by the
Council. Wachter moved and Egan seconded the motion, all
members voted in favor except Parranto who abstained from
voting because of a potential conflict of interest, to accept
the feasibility request and authorize the engineer to prepare
a feasibility study.
CHANGE ORDERS
Smith moved and Wachter seconded the motion, with all
members voting in favor, to approve the following change
orders:
1. Project #221B - Change Order #1 - revise the comple-
tion date from October 1, 1978, to July 1, 1979, because
of weather conditions.
2. Project #195 - Change Orders #2 and #3 - for instal-
ling signal conduit near Wescott Road and cutting of
trees on Wescott Road.
3. Project #231A - extension of time from November 15,
1978, to July 1, 1979, for improvements in St. Francis
Wood Addition.
4. Project #210A - extension of completion date for
Wilderness Run Road from July 1, 1978 to July 1, 1979
due to need to lower power poles and cement shortage.
5. Project #216B - Mallard Park Streets - extension
of time from November 15, 1978, to August 1, 1979.
February 20, 1979 0 046
Page Eleven
City Council Minutes
LE'PEPINIERE MONTESSORI SCHOOL CONDITIONAL USE PERMIT
The conditional use permit application for renewal for
Le'Pepiniere Montessori School, Inc., in Easy Street Apartments
on Silver Bell Road was next considered. There were no objections
to the application. Egan moved and Wachter seconded the motion,
all members voted in favor, to approve the application.
ORDINANCE #43 AND #52 AMENDMENTS
City Attorney Hauge submitted proposed amendments for
Ordinances #43 and #52 to allow 3.2 beer licenses at golf
courses. Parranto moved and Smith seconded the motion, all
members voted in favor, to approve the amendments to Section
#52.07 and #43.15.
THOMAS LAKE ROAD EASEMENT ACQUISITION
A letter from the City Attorney regarding a proposed
offer of settlement of the action involving Thomas Lake Road
from Mr. Grant Merritt, the legal counsel for Mr. and Mrs.
James Barker, was reviewed briefly by the City Attorney. He
recommended continuation until the next meeting to acquire
additional information concerning the proposal. No action
was taken.
ARTHUR RAHN PROPERTY SANITARY SEWER SERVICE
A request from J.E. Parranto, Inc., for preliminary
feasibility and cost study for sanitary sewer service to the
Arthur Rahn property on the west side of Blackha.wk Road was
submitted. Smith moved and Wachter seconded the motion, all
members voted in favor except Parranto who abstained from
voting because of a potential conflict, to accept the request
and to order the feasibility study.
PROPERTY RESEARCH AND DEVELOPMENT, INC. VS. THE CITY OF EAGAN
The City Attorney reviewed with the Council the decision
of the Dakota County District Court regarding the action of
Property Research against the City for approval of the prelim-
inary plat for Carriage Hills Manor Addition on Yankee Doodle
Road. There was discussion concerning a proposed appeal to
the Supreme Court noting that an adverse decision had been
received by the City at the District Court level and the
City would have the burden of overturning the decision of an
appeal. After discussion, Councilmember Parranto moved and
Councilmember Egan seconded the motion to authorize the City
Attorney to commence an appeal of the decision to the Minnesota
Supreme Court. Those in favor were: Egan, Parranto and Smith.
February 20, 1979 Q 047
Page Twelve
City Council Minutes
Those against were: Wachter and Murphy. The Council was
concerned about the precedence setting factor in approving
such a plat and Councilmembers indicated that they felt that
the decision of the District Court did not appear to be proper.
VENDING MACHINE ORDINANCE
A report from City Clerk Bolke regarding vending
machine licensing and inspecting was submitted for review by
the Council and no action was taken.
SAFARI ESTATES AREA FEASIBILITY REPORT
Public Works Director Colbert reviewed a proposal for
a new feasibility report covering acreage in the area of
proposed Safari Estates Addition to justify the extension of
the sanitary sewer line to Safari Estates and to assess the
trunk benefits over a larger area. The Council requested more
information from the Public Works Director before a decision
on the feasibility study is ordered.
VOUCHERS
Murphy moved and Egan seconded the motion, all members
voted in favor, to approve the following vouchers: 609-628;
7713-7810; 11560-11670.
ADJOURNMENT
Upon motion duly made and seconded, it was RESOLVED
that the meeting was adjourned at 12:15 p.m. PHH
Dated: February 20, 1979
Jz"Xu
City Clerk