07/18/1978 - City Council Regular
MINUTES OF A REGULAR MEETINr OF THE EAGAN CITY COUTTCIL
EAGAN, MINNESOTA
JULY 18, 1978
A regular meeting of the Eagan City Council was held on July 18,
1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen
Parranto, Smith, Wachter, and Egan. Also present were: City
Engineer Rosene, City Clerk Bolke, City Administrator Hedges, and
City Attorney Hauge.
AGENDA. After the Pledge of Allegiance, Egan moved and Wachter
seconded the motion with all members voting yes to approve the
agenda as presented.
MINUTES. The minutes of the previous meeting were approved with
the exception that on Page 5 regarding the William Abel permit,
Parranto did not vote; and on Page 8 regarding Park Cliff Addition,
the motion was subject to the Engineer's written determination as
to buildability of each lot. Smith moved and Wachter seconded the
motion, all members voted yes to approve the minutes as corrected.
POLICE DEPARTMENT.
1. Legal Actions. There was discussion.concerning the recent
claim by Air. Timothy A. Wilson against Eagan in the Dakota County
District Court for loss of a cat and the Council ask that it be
informed periodically concerning the status of lawsuits pending
against the City.
2. Northern Natural Gas Explosion. Councilmembers discussed
the gasline explosion causing fire on Cedar Avenue and the City
Administrator was directed to forward letters to the Apple Valley,
Burnsville, and Eagan Fire Departments expressing thanks for an
excellent job in handling the emergency fire. It was noted that
two 'firemen were injured in connection with the fire and commendation
certificates will be prepared for the next meeting for the two
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firemen.
PARK DEPARTMENT. There was discussion concerning the request
of Lexington South, Inc. for a Quit Claim Deed covering approximately
5 acres in the Lexington South Planned Development to be signed by
City officials running to Lexington South. It relinquishes the
City°s rights to the 5 acre site part of which overlaps Oak Pond
Hills 2nd Addition. It was noted that additional land has been
acquired by the City consisting of Outlots A and B > Oak Pond Hills
2nd Addition and in addition, $4,000 from Lexington South for
assistance in construction of the trail. After discussion, upon
motion by Parranto and seconded by Egan, it was resolved that the
Mayor and Clerk be authorized to execute the Quit Claim Deed to
Lexington South, Inc. and deliver the deed provided the park
dedication for Oak Pond Hills 2nd Addition has been satisfied in full.
SCHOOL DISTRICT #196 OBSERVER. City Administrator Hedges
introduced Joanne Ellison who is an observer for School District
#196 to the Eagan City Council meetings and welcomed her.
MCCARTHY RIDGE ROAD DRAINAGE. Mrs. Winkle and Mrs. Finnegan
together with Robert Oslund appeared regarding water drainage
problems at the Red Cedar Court and McCarthy Ridge Road intersection.
A meeting will be held by the Public Works Committee at the site at
5 p.m. on Wednesday; July 19th with the affected property owners to
review the storm drainage problems.
CARLSON LAKE LEVEL HEARING. City Engineer Rosene recommended
September 5, 1978, as the date for a hearing to set the lake level
for Carlson Lake. Wachter moved and Smith seconded the motion, all
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members voted yes to schedule the hearing with the Department of
Natural Resources on September 5, 1978, at 7 p.m. at the City Hall
and that the Engineer be authorized to prepare a feasibility study
for storm drainage in the Carlson Lake area with the public hearing
to be held on the report on September 5, 1978, at 7 p.m.
CAMERON COURT. The Council next considered the application for
preliminary plat approval of Cameron Court on Donald Avenue and in
addition, the planned unit development application for the proposed
project. Mr. Howard Dahlgren and Mr. Grekoff appeared on behalf of
the applicants. City Administrator Hedges indicated he had contacted
Mr. Kenneth Applebaum concerning a proposed access road from
Bunker Hill but it was noted that access had been cut-off since the
development of Bunker Hill. The Police Chief's Utter of July 14,
1978, was read in addition to the report prepared by the
Administrative Assistant, Ken Damlo, concerning Police and Fire
department calls for single family and multi-family units in the
City. It was noted that there was generally higher percentage of
police calls from rental units than owner occupied units. Several
neighboring residents appeared requesting that only single family
units be permitted on Donald Avenue because of the increase of
traffic , that the speed on Yankee Doodle Road is excessive, the
statistics on accidents, etc. After considerable discussion,
Parranto moved to approve the preliminary plat application providing
for 32 units, subject to the recommendations of the Advisory
Planning Commission, subject to a landscape plan approved by the
City, the Engineer's approval of the drainage plan, and that the
Homeowners Association Agreement and provisions for common property
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be approved by the City. Wachter seconded the motion. It was noted
that the development of the project was much less intense than
the present zoning. Those in favor were: Parranto, Wachter, Murphy,
and Smith. Those against were: Egan. Parranto then moved to
approve the application for planned development, Smith seconded the
motion subject to the planned development ordinance reauirements,
all members voted yes.
IMRHOVEMENT PROJECT #245 RIVER HILLS 9TH STREET LIGHTIN(. The
Mayor then convened the public hearing regarding street lighting for
River Hills 9th Addition. The City Engineer explained the project
and several residents affected were present and favored the project.
There were no objections. Wachter moved to close the hearing, order
in the project, and to direct the City staff to negotiate with the
existing Utility Company in the area for the construction of the
project. Egan seconded the motion and all members voted in favor.
HOOVESTAL INDUSTRIAL REVENUE BONDS. The Finance Committee
again reported through Councilman Smith regarding the application
of Wayne Hoovestal for industrial revenue bonds for the Eagandale
Center Industrial Park Number 4 site consisting of two buildings
for the Hoovestal Trucking Company and Thrift Way Leasing. Mr.
Smith indicated that the Finance Committee generally favored the
application and indicated that it is important that the industrial
land be developed and further that the applicants appeared to comply
with the guidelines set Up by the City. Smith moved and Wachter
seconded the motion to approve the application for industrial revenue
bonds in the amount of $600,000 with the understanding that land is
not included in the industrial revenue bond project. All members
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voted in favor except Parranto who abstained.
INSURANCE - WORKMEN'S COMP AND GENERAL LIABILITY. Mr. Bruce
Medvec of Valley Insurance, Inc. appeared and presented new schedules
including deductibles for auto liability and the umbrella policy
for the City. Comprehensive and collision insurance were discussed
and the Insurance Committee recommended several changes regarding
the auto fleet deductibles. The Committee recommended approval of
the workmen's compensation and liability bid of Home Insurance
Company. Wachter moved and Smith seconded the motion, all members
voted in favor to approve and award the bid of Home Insurance
Company for workmen's compensation and general liability insurance.
Parranto then moved and Egan seconded the motion with all members
voting in favor to approve the bid for the auto fleet insurance
subject to the revisions to be made by the Insurance Committee and
in addition to eliminate the comprehensive and collision insurance
on Police Department vehicles with the choice of deductibles to be
left to the discretion of the Insurance Committee. Parranto then
moved and Egan seconded the motion, all members voted yea to approve
the umbrella liability policy, quote B, from National Indemnity
Insurance Company in the sum of $9,210 including ambulance
malpractice insurance and $1,000,000 from the National Sheriff's
Association. All members voted yes.
PARK CLIFF ADDITION. Mr. Richard Winkler and his planner
appeared regarding the application of Mr. Winkler for rezoning
from Agricultural to R-1 and preliminary plat approval of Park Cliff
Addition on Cliff Road. There was discussion concerning alternate
access routes to Cliff Road with three choices One directly North
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from Park View Court, the second through the Olson Property, or the
use of a cul-de-sac frcm Park View Court. Mr. Winkler also showed
a proposal for an access from the Northwest corner of the property
which would be acceptable with the Dakota County Plat Commission.
Mrs. Olson was present and she was asked whether she would approve
the platting of her property to provide for the platting of a
street through her parcel to connect with Cliff Road. She indicated
that she prefer not to do so at the present time. The Council was
concerned about the cul-de-sac in phase 3 and expressed strong
desire to have an access to Cliff Road at the Northeast corner.
Wachter moved to rezone all of the Winkler property to R-1, Smith
seconded the motion, all members voted yes. Parranto then moved
to approve the application for preliminary plat of Park Cliff as
modified, subject to the recommendations of the Advisory Planning
Commission, subject to there being two accesses to the subdivision
from Cliff Road, subject to the grades being suitable in the
determination of the City Engineer for sonstruction of a dwelling
on each lot. Smith seconded the motion, all members voted yea.
mr. Winkler requested that the City authorize the preparation of a
preliminary engineering report for the entire parcel including
utilities and streets, it being understood that the applicant will
pay for the cost of the report in the event that the project does
not proceed. Wachter moved and Egan seconded the motion, all members
voted in favor to accept the recauest and to authorize the Engineer
to prepare a preliminary feasibility report on the project.
MALLARD PARK FIRST ADDITION REZONING AND PRELIMINARY PLAT.
Mr. Pat Kerwin appeared for Sidney Johnson, the contract for deed
buyer of Mallard Park First Addition, regarding the application
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of Mr. Johnson to rezone from R~4 to R-2, Mallard Park First Addition
and preliminary plat approval of Mallard Park First Addition revised.
Mr, Kerwin indicated that Mr. Johnson is a contract for deed buyer
of the property. Mr. Tom Willmus and Mr. Stan Krueger of E.H. Wil]mus
Properties, the fee owner of the property, were present. Mr. Willmus
indicated that he would not oppose the rezoning but would not join
in an application for rezoning of the property. Mr. Willmus was
concerned about the commitment he had made at the time the original
preliminary plat for The. First through Thilid Additions to be used
for single family purposes only. After considerable discussion,
it was noted that the ordinance requires the owner or owners to sign
an application for rezoning and it was noted that fee owner of the
property had not signed the application. The Council took no action
on the application for failure to comply with the ordinance
reauirements.
MALLARD PARK SECOND AND THIRD ADDITIONS. Mr. Willmus requested
approval of the final plats of the Mallard Park Second and Third
Additions. the City Engineer requested additional drainage and
utility easements be included on the plat. A letter from Mr.
Willmus dated July 17, 1978, that he will consent to rezoning of the
Second and Third Additions to single family provided that there is
no cost to Mr. Willmus and he expressed such intention at the
meeting. It was noted that park dedication has not been completed
covering the area requested by the City and also the storm sewer
trunk assessment has not been determined. The staff recommended
rezoning to R-1 in light of the fact that there had been some
issues arising regarding Mallard Park First Addition and further
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that the intention was to develop the property as single family.
Smith moved and Wachter seconded the motion to approve the final
plat of Mallard Park Second and Third Additions subject to the
necessary drainage and utility easements required by the City;
completion of all park dedication requirements and the determination
and the payment of storm sewer assessments covering the park
property; further subject to the Advisory Planning Commission
recommendations and further subject to consent by the owner to the
rezoning of the property to single family. Parranto then moved and
Egan seconded the motion that the City initiate the procedure to
rezone Mallard Park Second and Third Additions property to single
family. All members voted in favor.
PROJECT @216B and #216B - MALLARD PARK ADDITIONS. The Council
again considered the award of low bids for Project #216A to
Frederickson Excavating Company, and #216B to Minnesota Valley
Surfacing Company covering Mallard Park Second and Third Additions
street and utility improvements and Mallard Park First Addition
street surfacing. After discussion: concerning the platting and
the zoning of the First, Second and Third Additions, Wachter moved
and Parranto seconded the motion, all members voted in favor to
award the contract to the low bidders described above.
MALLARD PARK FIRST ADDITION REZONINr. Ater review by the
Council concerning the present zoning of Mallard Park First Addition
and the fact that it is zoned R-4 with a misunderstanding between
the fee owner and the contract for deed buyer regarding proposed
zoning, Parranto moved and Smith seconded the motion to rezone
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Mallard Park First Addition from R-4 to R-1, Single Mamily, with
the understanding that the City will initiate the rezoning. All
members voted yea.
PAT MCDONALD TEMPORARY BEER LICENSE. The application of Pat
mcuonald and Joe BAC temporary beer license at Univac field on
July 29, 1978, was next considered. It was noted that the
application had not been finalized and the Police Department had not
reviewed the application. Smith moved and Parranto seconded the
motion, all members voted in favor to approve the application
subject, however, to completion of the application requirements
and approval by the Police Department. All members voted yes.
GEORGE OHMANN ;.2 BEER LICENSE. The application of Zeorge
Ohmann for temporary beer license for July 29 through the 31, 1978,
for the thrashing bee held on his property on Cliff Road was next
reviewed. Wachter moved and Parranto seconded the motion, all
members voted yea to approve the temporary license.
,DISCOTREC MUSCULAR DYSTROPHY REQUEST. The reouest of Discotrec,
Inc. to allow all night dance marathons for r•iuscular. Dystrophy
purposes was submitted to the Council. At the reauest of the appli-
cants, the matter was continued to the next meeting.
SURREY HEIGHTS SI?{'IfiiADDITION FINAL PLAT. Mr. Larry Frank
appeared on behalf of D.H. Gustafson Associates, the applicant, for
final plat approval of Surrey Heights Sixth Addition, an 8 unit
2 building complex formerly a part of Outlot B, Surrey Heights
Fourth Addition. Smith moved and Parranto seconded the motion, all
members voted yes to approve the plat provided all ordinance
requirements are met.
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COMPREHENSIVE PLAN UP-DATE. Mr. John Voss and Mr. Michael
Garrison appeared regarding the Eagan Comprehensive Plan up-date.
Mr. Voss stated that Mr. Garrison had been engaged by him under his
contract with the City to prepare an economic analysis including a
five year capital improvement proposal required under the Metro-
land Planning Act. Mr. Garrison discussed the data.-compiled by
him including the possibility of revisions under the levy limitation,
rate statutes of the State of Minnesota. No formal action was taken.
MINI STORAGE EXCAVATION PERMIT. Mr. Charles Nolan and Mr.
Mark Parranto appeared regarding the request of Mr. Nolan for an
excavation permit under Ordinance #8 for the excavation and sale of
unstable material on a 17 acrt parcel in proposed Slater Industrial
Park adjacent to Cedar Avenue and Highway #13. It was noted that
stable material will be inserted and that an application will be
submitted later for preliminary plat approval and building permit
approval. Egan moved to approve the application contingent upon
meeting the Ordinance #8 requirements, Wachter seconded the motion,
all members-voted yes except Parranto who ddd not vote.
THOMAS LAKE ROAD WATER MAIN. The City Engineer presented the
plan and specifications for Thomas Lake Road street and water main
and recommended that the City advertise for bids to be opened on
Monday, August 21, 1978, at 3 p.m. at the City Hall. Parranto
moved and Egan seconded the motion, all members voted in favor to
accept the plans and to authorize the Clerk to advertise for bids on
the date mentioned above.
AMISCELLANEOUS:.PRELIMINARY REPORTS. The fo8.lowing preliminary
reports were submitted by City Engineer Rosene:
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Project #232 - SuperAmerica County Road #30 utilities,
Project #241 - Dodd Road Street Improvements,
Project #242 - 81st Street Improvements,
Project #243 - Gemini Road Street Improvements,
Project #244 - Durning Addition utilities,
Wachter moved and Smith seconded the motion to accept the
preliminary reports and to schedule public hearings before the City
Council on August 15, 1978, at 7 p.m. at the City Hall. Those in
favor were: All members.
CEDAR AVENUE FRONTAGE ROAD. City Administrator Hedges stated
that St. Paul Companies as the owner of property West of Trunk
Highway #36 and South of Cliff Road, requested consideration for
realignment of the previously proposed frontage road and James Street
connection within the limits of its property. MN/Dot concurs in
the proposed change environmentally and from a development
standpoint as does the City Engineer. Upon motion by Wachter,
seconded by Smith, all members voting yes, it was resolved that
the proposed plan for Cedar Avenue frontage road from Cliff Road to
James Street as revised be approved by the City Council.
HIGHSITE EXCAVATION PERMIT. Mr. Larry Erdos appeared on behalf
of the Highsite Apartment developers with an application for
building permit for two buildings subject to completing the platting
procedure before occupancy permits are granted. He stated that the
construction season is becoming short and in addition there is a
possibility of the financing commitment expiring. Parranto moved
and Egan seconded the motion to grant the building permit for 1372
and 1376 Highsite Drive subject to the completion of the preliminary
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JULY 18, 1978
plat within 90 days; further that the buildings will meet; all
ordinance requirements including compliance with City landscaping
provisions and necessary alterations to the preliminary plat
required by the City.
HIGHWAY #13 FRONTAGE ROAD. Councilman Parranto reviewed with
the Council the findings of the Public Works Committee regarding
the proposed upgrade of the frontage road adjacent to Highway #13
from Mr. Donut to Minnesota Federal. He stated that the road right
of way appeared to be owned in fee by the S]:ater Estate and the
estate is interested in dedicating the property to the City. There
was discussion concerning liability for accidents on this private
road which is maintained privately and City Engineer Rosene
suggested that in the event that Highway #13 reverts from the State
to the County and possibly to the City of Eagan that direct access
from each of the establishments on the frontage road be made to
Highway #13. It was suggested that affected owners be conta-:ted
concerning the possibility of upgrading the frontage roads and
further report will be made at a later time.
ROBIN CLAREY, ANIMAL WARDEN. A proposed contract with Robin
Clarey to act as Eagan animal warden as a permanent position was
presented to the Council, and recommended for approval by the City
Administrator. Smith moved and Egan seconded the motion to approve
the contract, subject to final determination as to workman's
compensation under the contract. All members voted in favor.
CEDARVALE TEXACO SERVICE STATION PERMIT. City Administrator
Hedges stated that the approval given to Cedarvale Texaco for
U-Haul rental was for 9 rental trucks and 15 small trailers and it
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appeared that the station at the present time is complying with
those requirements. Smith moved and Parranto seconded the motion,
all members voted yea to approve the service station permit provided
that the operator of the station comply with the ordinances and
with the City's previous reauirements as to U-Haul storage.
PUBLIC WORKS DIRECTOR. Mr. Hedges stated that the screening
process of the approximately 15 applicants for City Public Works
Director will proceed and requested that City Councilmembers arrange
a time to meet with the final candidates at a later time.
DNR HEARING. City Administrator Hedges reviewed briefly
the status of the Department of Natural Resources - Blackhawk Lake
Bridge crossing permit hearings which continued for three weeks
through July 14th. Transcripts will be completed within two weeks
and briefs will be submitted by the parties with expected
recommendation by the Hearing Examiner early in September.
STORM SEWER TRUNK ASSESSMENTS. There was discussion by the
Council concerning storm sewer trunk assessments in new plats,
including residential, commercial, and industrial plats. Smith
moved, and Wachter seconded the motion that all new plats,
including residential, commercial and industrial, be assessed for
storm sewer trunk purposes by City policy.
ASSESSMENT ADVISORY COMMITTEE. There was discussion concerning
replacement of members on the Assessment Committee and the need to
call an Assessment Committee meeting. Smith moved and Parranto
seconded the motion, all members voted in favor to retain the same
members on the committee including Arthur Rahn with the addition of
a third member of the City Council. Councilman Egan volunteered to
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become a member of the committee. Parranto moved and Smith seconded
the motion to appoint Councilman Egan to the Assessment Committee.
All members voted in favor, except Egan who abstained.
FAU STREET FUNDING. The City Engineer and City Administrator
reviewed information received by ':he staff regarding the possibility
of applying for FAU funding for certain streets in the City.
Because of the unlikelihood of the City acquiring any funds due to
state and county priority, it was recommended that the City not
make application for such funding.
OAK CHASE CIRCLE VACATION. City Clerk Bolke stated that the
developer of Oak Chase 4th Addition had submitted a petition to
vacate Oak Chase Circle because of an error in the plat. Wachter
moved, Parranto seconded the motion to schedule a public hearing
for August 15, 1978, at 7 p.m. at the City Hall subject, however,
to the developer removing all rocks and gravel on Oak Chase Road
because of the hazard caused. All members voted yes.
PROJECT #231A. The contract with McNamara-Vivant covering
Project #231A was submitted. Smith moved and Egan seconded the
motion to approve the contract and to order its execution subject,
however, to submission of proper insurance documents, which project
included Rustic Hills Addition. All members voted yes except
Parranto who voted no.
POLICE FACILITY SHED RENTAL. The lessee of the residence on
the police facility property has offered to rent the shed behind
the house from the City. Smith moved and Egan seconded the motion
to rent the shed at $20 per month for a one year period. All
members voted yes.
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JULY 18, 1978
PUMP HOUSE ROOF. The City Engineer submitted a proposed
brick and facie material for the new deep well pump house No. 5
roof and requested Council approval. Smith moved and Egan seconded
the motion to approve the brick and facie material recommended
by the City Engineer. All members voted in favor.
POLICE FACILITY WATER AND SEWER SERVICE. City Enginc,or rtoo4us,o
stated that three quotes had been receivr°f! for sewer and water
service to the new police facility with a low quote from Parrott
Construction Company in the sum of $6,000. Wachter moved and
Egan seconded the motion to accept the low quote of Parrott
Construction Company of $6,000 and to add it as a change order to
an existing contract.
VOUCHERS. Wachter moved and Parranto seconded the motion, all
members voted in favor to approve the following vouchers:
465 - 473; 6560 - 6661; 9812 - 9957.
ADJOURNMENT. Upon motion duly made and seconded, the meeting
adjourned at 12:35 a.m.
DATED: July 18, 1978 PHH
City Clerk