01/02/1980 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 2, 1980
A regular meeting of the Eagan City Council was held on January 2,
1980, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor
Blomquist, Council Members Parranto, Smith, Egan and Wachter. Also present
were City Administrator Hedges, City Public Works Director Colbert and Assistant
City Attorney Smith.
OATHS OF OFFICE
After the pledge of allegiance, City Clerk Bokle administered the
oath of office to Mayor Blomquist and Council Members Wachter and Smith.
MINUTES
Parranto moved and Smith seconded the motion to approve the minutes
of the special meeting of December 27, 1979. All members voted in favor.
Egan moved and Smith seconded the motion to approve the minutes
of the regular meeting of December 18, 1979, subject to the following changes:
1. Page 10, Line 7, change two interested persons to several inte-
rested persons;
2. Page 10, concerning position description guideline, to amend
the minutes to show that the motion was subject to the proposal being used
for guideline purposes only;
3. Page 4, change the spelling of the Herregan Distributors to
be spelled Herregan rather than Herrigan.
All members voted in favor.
FIRE DEPARTMENT
Fire Chief Robert Childers was present.
1. Telephone Lines to Fire Station #3. Wachter moved and Egan
seconded the motion to approve Change Order #5 for telephone lines for Fire
Station #3 in the amount of $132.17. All members voted in favor.
2. Raising of Telephone Line. Fire Chief Childers reported that
the telephone line over the driveway of the new Fire Station must be raised
to at least a 27 foot level and that the Department hopes to occupy the new
station by February 1st of this year. Public Works Director Colbert stated
that he would see that the telephone wire is raised.
t
0 0 092
City Council Minutes
January 2, 1980
Page Two
3. Firemen's Relief Association Funds. City Administrator Hedges ex-
plained that the staff had investigated the possible appointment of an agent to
administer and invest pension funds of the Fire Department Relief Association.
After discussion of the best agency to handle this and of the legality of appointing
an agent to administer and invest the funds, Smith moved and Parranto seconded the
motion to follow the recommendation of the staff and to appoint Marquette National
Bank as agent for the Relief Association pursuant to the terms of the agency contract
presented to the Council by Marquette National Bank. All members voted in favor.
A 80-1
PARK DEPARTMENT
1. Parks Maintenance Position. City Administrator Hedges stated that
Park Director Schmidt had recommended the appointment of Scott Eppen to the parks
maintenance position to start on January 7th. Wachter moved and Smith seconded
the motion to approve the appointment as recommended. All members voted in favor.
2. Clerk/Typist/Receptionist. City Administrator Hedges stated that
Park Director Schmidt and Public Works Director Colbert recommended the appointment
of Bette Parks as clerk/typist/receptionist for the Public Works Building. It was
noted by police Chief DesLauriers that Ms. Parks has been a dependable and thorough
dispatcher for the Police Department. Egan moved and Wachter seconded the motion
that Ms. Parks be appointed to the position as recommended. All members voted in
favor.
LEIBEL REZONING AND PRELIMINARY PLAT
The application of Gordon and Doris Leibel for rezoning from Agricultural
to L-B, Limited Business, and for preliminary plat approval at 3850 Beau D'Rue Drive
in Sections 19 and 20 was next considered. It was noted that the Leibels requested
that this matter be continued until January 15th so that a parking plan could be
completed prior to the hearing. Mayor Blomquist noted that the January 15th agenda
was already full. Blomquist moved and Egan seconded the motion to continue this
application until February 5, 1980. All members voted in favor.
EPPEN NURSERY SCHOOL
Mayor Blomquist then brought for consideration the application of Burton
H. Eppen for conditional use permit for a nursery school at 2057 Garnet Lane, Lot
16, Block 5, Cedar Grove Number 1, Section 19. Mr. Eppen appeared and explained
the proposal. There were no objections from the audience to the granting of the
permit. It was noted by Mr. Eppen that meals will not be prepared at the nursery
school. Smith moved and Egan seconded the motion to approve the conditional use
permit subject to the following conditions:
1. That the nursery school operation shall be limited to 16 students.
2. That the hours of operation shall be limited from 6 a.m. to 6 p.m.
3. The owners shall be required to obtain the appropriate licenses
from the State of Minnesota.
00093
City Council Minutes
January 2, 1980
Page Three
4. That all State building codes for nursery schools be met and shall
be approved by the City Building Inspector prior to issuance of the permit.
All members voted in favor.
D 80-1
PAPA'S INC. CONDITIONAL USE PERMIT RENEWAL
Mayor Blomquist brought before the Council the application of Papa's
Inc. for renewal of its conditional use permit. The hearing had been continued
from December 18, 1979. Mr. William Howell appeared for Papa's Inc., the operators
of the Juke Box. There were no questions from the audience. Mr. Howell stated
that Papa's Inc. had discussed previous problems with the Police Department and
had straightened out the problems. He stated that the patrons of the Juke Box are
now required to check their coats in all cases and that for security one off-duty
patrolman and other security persons are being used. Police Chief Deslauriers stated
that the Police Department had met with the owners and that the main problem had
been that alcohol was coming into the building with people's coats and that there
was a lack of security. Chief DesLauriers stated that if the guidelines in the
conditional use permit are lived up to that there should be fewer problems. Council-
man Wachter stated that the requirements had been violated twice by Papa's Inc.
and that he was concerned about patrons going to cars to drink and for other activi-
ties while at the Juke Box. Parranto stated that there has been a lack of security
in the parking lot. Councilman Smith moved that the conditional use permit be
granted subject to all of the conditions of the previous conditional use permit
and with the condition that adequate security be provided. Councilman Parranto
seconded the motion provided that Councilman Smith would accept an amendment to
require that four supervisory personnel including one off-duty policeperson be on
the premises at all times. Councilman Smith accepted the amendment and the second.
After further discussion, all members voted in favor of the motion except Councilman
Wachter who voted against.
D 80-2
1980 FEE SCHEDULE AND USER CHARGE
City Adminsitrator Hedges stated that Public Works Director Colbert
and Consulting Engineer Rosene had presented a revised fee schedule for sewer and
water utility rates and public improvement assessment rates and that discussion
had been continued from the December 18, 1979 meeting. Parranto stated that he
felt a special meeting was needed for this topic. Mayor Blomquist stated that more
information about storm sewer charges and large lot assessments should be included
in the report. Egan stated that the assessments for the future street fund have
increased drastically in the last few years and that this could possibly be chal-
lenged. After further discussion, Parranto moved that a special meeting be held
on January 7, 1980, to discuss this item. There was no second to the motion. After
further discussion, Smith moved and Egan seconded the motion that a special meeting
be held on January 17, 1980, to discuss the fee schedule and user charges. All
members voted in favor.
00094
City Council Minutes
January 2, 1980
Page Four
CABLE TELEVISION TERRITORY UPDATE
City Administrator Hedges stated that the staff has contacted a number
of other communities interested in the cable television proposal of Capitol City
Cablevision, Inc., for a cable service territory consisting of 15 suburban St. Paul
municipalities which does not include the City of Eagan. He stated that a number
of communities included in the proposed area have concerns about it and that a number
of communities not included would like to be considered. He further stated that
the State may reject the proposal on January 11th at the meeting.
of the Minnesota Cable Television Communication Board. Council members expressed
concern about being left out of the proposal and suggested that a Northern Dakota
County territory might be more appropriate than a territory consisting of a number
of suburbs on three sides of St. Paul. Police Chief DesLauriers requested that
inquiries be made concerning the possibility of having one channel of cable televi-
sion network devoted to government and public safety purposes. City Administrator
Hedges stated that a letter has been sent to the Metropolitan Council and forwarded
to the Cable Television Board stating that the City of Eagan desires to be included
in a cable television territory with other south suburbs. All members voted in
favor. Smith then moved and Wachter seconded the motion that staff members be
directed to contact other Northern Dakota County communities to pursue the possi-
bility of these communites pursuing a cable television territory as a group. All
members voted in favor.
TAX EXEMPT MORTGAGE UPDATE
City Administrator Hedges stated that the Minnesota Housing Finance
Agency has approved the City's program conditioned upon an amendment to the program
that clearly indicates that the maximum purchase price includes the aggregate of
the cost of the housing and all levied or pending special assessments. City Admini-
strator Hedges explained that this means that special assessments are included with
the purchase price in determining whether the purchase price of the Housing Unit
exceeds the purchase price limit of $69,300. Smith moved and Parranto seconded
the motion to approve an amendment to the program to state that special assessments
will be included in the purchase in determining whether the purchase price exceeds
the maximum purchase price allowed by the program. All members voted in favor
except Wachter who voted against.
McCREA OFF-SALE LIQUOR LICENSE APPLICATION
Mayor Blomquist brought to the Council the application of Mark and Pamela
McCrea for an off-sale liquor license. City Adminsitrator Hedges stated that the
McCreas had contacted him and requester Lhat the hearing be continued until January
15, 1980, at which time they will have formed a corporation. Egan moved and Blom-
quist seconded the motion to continue the hearing until January 15, 1980. There
was discussion concerning the fact that the Council could possibly reject the appli-
cation on the basis that the applicant does not have a specific location to use
the license. All members voted in favor except Wachter who abstained.
00095
City Council Minutes
January 2, 1980
Page Five
NICOLS STATION - ON-SALE LIQUOR LICENSE APPLICATION OF KRAUS AND PARRANTO
The application of R. L. Kraus and S. J. Parranto for an off-sale
liquor license to be used at the Nicols Station Restaurant, the former Mr. Steak
Restaurant at Cedarvale Shopping Center, was next considered. Mr. Kraus and
Mr. Parranto appeared and mentioned that liquor would be served at tables only
and that the restaurant would keep its family emphasis. They also stated that
the owner of the property had agreed to the application. City Administrator
Hedges had stated that presently the on-sale license policy allows only nine
on-sale liquor licenses and all nine are presently being used. Smith moved
and Parranto seconded the motion the amend the on-sale liquor license policy
to allow 11 licenses. It was stated that the purpose of the policy restricting
on-sale licenses is to save potential licenses for a later time if large esta-
blishments come into the City in the future. All members voted in favor of
the motion. It was noted by City Administrator Hedges that the police had made
a complete record check on the application and that all other administrative
requirements had been complied with. Smith moved and Egan seconded the motion
that Richard Laurence Kraus and Steven James Parranto be granted an on-sale
liquor license for use at Nicols Station. All members voted in favor except
Parranto who abstained. Wachter then moved and Egan seconded the motion that
Mr. Parranto and Mr. Kraus be granted a Sunday liquor on-sale license for Nicols
Station. All members voted in favor except Parranto who abstained.
I.R. BONDS FOR ROAD MACHINERY AND SUPPLIES, INC.
City Administrator Hedges stated that an application had been sub-
mitted by Michael Sill of Road Machinery and Supplies, Inc., requesting consi-
deration for industrial revenue bond issue in the amount of approximately $3
million to design and construct a facility of approximately 700,000 square feet
to be used as corporate headquarters. Mr. Russell Prince of Juran and Moody
appeared for Mr. Sill. It was explained by Mr. Hedges that a previous applica-
tion by Mr. Sill for industrial revenue financing had been granted a year or
two ago for a salesand equipment building but that Mr. Sill had not used the
bonds for financing because he had found another location that worked out better
for the sales and equipment building. It was noted by Public Works Director
Colbert that a preliminary plat has already been approved for the location and
that few changes will probably be necessary. A question was raised concerning
the location of proposed access roads, and Mr. Colbert stated that he would
look into the possiblity of relocating the access road to match up with the
access road of Silver Bell Court. Wachter moved and Smith seconded the motion
that a public hearing be set for February 5, 1980, to consider the project with
the stipulation that the plat be available at the hearing. All members voted
in favor.
City Council Minutes
January 2, 1980
Page Six
I.R. BONDS FOR YANKEE DOODLE TERMINAL PARK
City Administrator Hedges stated that Mr. William Hawks representing
Yankee Doodle Terminal Park, Inc., had requested industrial revenue bonds to con-
struct a 230,000 square foot truck and tract terminal and warehouse at 2000 Yankee
Doodle Road. The estimated amount of industrial revenue bonds is $3,500,000.00.
It was noted by the Council members that the proposed operation is uncertain and
marginal. Councilman Egan agreed with Councilman Parranto's statement that the
proposed use was uncertain but stated that he favored the hearing in order to see
the proposal. Smith moved and Wachter seconded the motion that a public hearing
be set to consider the project on February 5, 1980. All members voted in favor
except Parranto who voted against.
CONDITIONAL USE PERMIT RENEWALS
City Administrator Hedges stated that conditional use permit renewals
had been requested by Merlin Barfknecht for storage only of tires and supplies at
835 Lone Oak Road, by Omar Hinricher for car storage at 3165 Dodd Road, and by Dr.
Ethel Traxler for a chiropractic office in her home at 1467 Highview Avenue. After
a brief discussion, Smith moved and Wachter seconded the motion that all three con-
ditional use permit renewals be granted. All members voted in favor.
D 80-3
PUBLIC OFFICIAL LIABILITY INSURANCE
City Administrator Hedges presented a public official liability insurance
policy and recommended that the Council approve the policy for signing. Parranto
moved and Smith seconded the motion that the insurance policy be approved for signing.
All members voted in favor.
COLLECTIVE BARGAINING AGREEMENT - LOCAL 320
City Administrator Hedges reported that an agreement had been reached
between City staff members and Local 320 employees for a two year contract for 1980
and 1981. He noted that the contract included step classifications. Smith moved
and Wachter seconded the motion to instruct the Mayor and City Clerk to execute
the contract. All members voted in favor.
A 80-2
SALARIES OF NON-UNION AND MANAGEMENT EMPLOYEES
City Administrator Hedges reported that a salary schedule has been
prepared for all non-union and management employees with increases from 72% to 10%.
Wachter moved and Parranto seconded the motion to approve the salary schedule.
All members voted in favor.
D 80-4
OC 097
City Council Minutes
January 2, 1980
Page Seven
CHECKING ACCOUNT CORPORATE AND AUTHORIZATION
Mr. Hedges recommended that the Council adopt a resolution authorizing
Mayor Blomquist to execute a corporate authorization resolution to maintain the
City's checking account with Mid-America National Bank of Eagan. Smith moved and
Parranto seconded the motion that such a resolution be adopted. All members voted
in favor.
R 80-1
DEPUTY CLERK
Councilman Wachter suggested that Tom Hedges be named deputy clerk so
that if City Clerk Alyce Bolke is not in the office, a staff member who is fully
aware of all City procedures would be available to sign the necessary papers.
Wachter moved and Egan seconded the motion that City Administrator Tom Hedges be
appointed deputy clerk. All members voted in favor.
EAGANDALE CLUB ON-SALE LIQUOR LICENSE
Mr. Hedges noted that the president of the partnership which owns Eagan-
dale Tennis Club is an alien who under State law cannot hold a liquor license.
In addition, under City ordinance a partnership with more than five partners cannot
own a liquor license. It was therefore recommended that Maxine Coty, manager of
the Eagandale Club, be issued the on-sale license to be used at the Eagandale Tennis
Club. Smith moved and Egan seconded the motion that the on-sale liquor license
for the Eagandale Tennis Club be granted to Maxine Coty. All members voted in favor.
Smith then requested that City staff investigate the possibility of requiring that
the manager hold each liquor license rather than the owner of the property.
MR. D'S ON-SALE NON-INTOXICATING LIQUOR LICENSE
Mr. Hedges noted that Mr. D's had already been issued an on-sale beer
license for the year of 1980 but that the application for the license had only
recently been received. Smith moved and Wachter seconded the motion that Mr. D's
be issued an on-sale beer license and that Mr. D's be issued a wine license subject
to receiving the proper application and fee. All members voted in favor. In ad-
dition, Councilman Smith requested that Mr. D's be notified of the action on the
wine license so that an application can be made if a wine license is desired.
APPLICATION FOR INDUSTRIAL DEVELOPMENT REVENUE MORTGAGES
City Administrator Hedges stated that two criteria had been added to
the proposed application form for industrial development revenue mortgages. He
recommended that the application form be adopted by the Council as the official
form with the two criteria added. Egan moved and Wachter seconded the motion that
the application form be adopted with the additional criteria. All members voted
in favor.
D 80-5
oc c`?
City Council Minutes
January 2, 1980
Page Eight
INVER GROVE HEIGHTS USE OF EAGAN'S FIRE DISPATCHER
Mr. Hedges reported that he had received a letter from the City of Inver
Grove Heights which stated that Inver Grove Heights may be able to use the fire
dispatching services of Dakota County at a cheaper rate than it currently receives
from the City of Eagan. It was suggested that the staff contact the City of Inver
Grove Heights and ask how they would like Eagan to modify the present contract.
No action was taken at this time.
OVERVIEW ESTATES STORM SEWER EASEMENTS
Mr. Smith reported that negotiations with Thomas Walker and Dr. Thomas
Murr for storm sewer easements for Overview Estates had resulted in a request from
Mr. Walker for a payment in the amount of $287.77 for the proposed easement based
upon the $2,000 per acre rate for permanent easement and $1,000 per acre rate for
temporary easement. Dr. Murr had requested instead of compensation that the City
arrange for the contractor to perform some landscaping on the Murr property. The
estimated cost of the landscaping would be $410, while the compensation under the
$2,000/$1,000 formula would have been $620. In addition, both Mr. Walker and Dr.
Murr requested the City of Eagan to accept a ponding and area assessment credit
for that portion of their land which lies within the lake boundaries which will
be determined in the future by the setting of a high water mark. It was recommended
that the City Council authorize the payment to Thomas Walker, authorize a change
order to the utility contract for Overview Estates for the work on the Murr property
and authorize the drafting of the two ponding easements and accept the proposed
area assessment credit. Smith moved and Egan seconded the motion that the recom-
mendations be approved. All members voted in favor.
SIBLEY TERMINAL STORM SEWER
Mr. Colbert reported that all work on the Sibley Terminal storm sewer
project #214 had been completed. He recommended final acceptance of the project
and authorization of final payment to the contractor in the amount of $9,210.62.
Smith moved and Parranto seconded the motion that the recommendation be approved.
All members voted yes.
CEDAR CLIFF ADDITION PROJECT #80-4 - PLANS AND SPECIFICATIONS
Mr. Colbert stated that a public hearing on the feasibility report for
Cedar Cliff addition has been scheduled for February 5, 1980, but that the developer
would also like to present the plans and specifications for approval at that time.
It was noted that this has been done before and that the risk is on the developer
that he will be developing plans and specifications for a project that is not
actually approved. Parranto moved and Egan seconded the motion that the Council
order the preparation of the plans and specifications by the City Engineer at the
request of the developer. All members voted in favor.
OCO29
City Council Minutes
January 2, 1980
Page Nine
RIVER HILLS NINTH SNOWPLOWING
Mr. Colberft stated that since the only access to River Hills Ninth
Addition is through Burnsville, it might be cheaper and more convenient to have
the City of Burnsville plow the streets in River Hills Ninth Addition. He asked
for authorization from the Council to negotiate with the City of Burnsville for
this purpose. It was suggested that Mr. Colbert begin negotiations and come back
to the Council with the results.
END OF MEETINGS
Mayor Blomquist requested that the meetings should be scheduled so that
they end at 11 p.m. at the latest and theat they be allowed to continue to 11:30
p.m. only if all five members agree. She also suggested that the Park Commitee
meetings and APC meetings be requested to do the same so that important decisions
are not made after most citizens have left the meetings. Parranto suggested that
the 11 p.m. deadline is reasonable but that exceptions should be allowed if the
majority approve the extension rather than requiring all five members to approve
the extension. Mayor Blomquist agreed and no official action was taken.
BLACKHAWK LAKE STORM SEWER
Mayor Blomquist mentioned her concern about the possibility that the
draining of Blackhawk Lake into the City storm sewer on Blackhawk road might eventu-
ally add to flooding on Highway #13 and also her concern about storm water in ditches.
It was noted by Mr. Colbert that the storm drainage for that area goes around the
low area on Highway #13 so that it should not add to the flooding in that area.
It was suggested that staff members write Mr. Barry and Mr. Kramer about the City's
proposed action informing them of all of the background facts. No further action
was taken.
METROPOLITAN COUNCIL
Mayor Blomquist mentioned that she had been contacted by the mayors
of Moundsview and Burnsville concerning a special meeting of mayors to discuss reesta-
blishing the Metropolitan Council's original course. She asked for comments from
the Council about the possibility of her attending this meeting. The consensus
was that it would be worthwhile for the mayor to attend the meeting to find out
what is proposed. The meeting is scheduled for January 16th. Based upon the con-
sensus, Mayor Blomquist stated that she would attend the meeting.
VOUCHERS
Wachter moved and Smith seconded the motion to approve the following
vouchers: 911-924; 9427-9499; 14158-14242. All members voted in favor.
ADJOURNMENT
Eagan moved and Wachter seconded the motion to adjourn the meeting at
9:50 p.m. All members voted in favor.
Dated: January 2, 1980 BS
City Clerk