06/17/1980 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 17, 1980
A regular meeting of the Eagan City Council was held on Tuesday, June 17,
1980, at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers
Wachter, Smith, Egan and Parranto. Also present were City Administrator Hedges,
Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge.
MINUTES - JUNE 3, 1980
After the Pledge of Allegiance, Egan moved, Smith seconded the motion to
approve the minutes of the June 3, 1980 meeting with the exception that provisions
regarding IDR bond procedure revisions be included in the minutes. All voted yes.
MINUTES - APRIL 1, 1980
It was noted that two items had been left out of the April 1, 1980 minutes
including the Volunteer Recognition Week for April 20-26, 1980, and also extension
of approval of the Delaware Hills preliminary plat for an additional six months.
Smith moved, Egan seconded the motion, to amend the minutes to include those
two additions. All voted yes.
POLICE DEPARTMENT
1. Breathalyzer Unit. Martin DesLauriers was present. Mr. DesLauriers
recommended that the Council approve the purchase of a portable breath testing unit to
test for DUI on the scene while in the squad car. Wachter moved, Egan seconded the
motion, all voted in favor to approve the purchase according to Resolution #80-48
which allows for purchase with funds from the Bureau of Criminal Apprehension.
R 80-48
2. George Kasat award. Mr. DesLauriers stated that George Kasat has received
both state and regional level canine trail awards with his police dog, Joe, and
has been invited to the national trials in Covington, Kentucky. Noting the signifi-
cance of the achievement by Mr. Kasat, Wachter moved, Egan seconded the motion, to
authorize the trip by Mr. Kasat to Covington, Kentucky, at City expense. All voted
yes.
PARK DEPARTMENT
Mr. Ken Vraa, the new Park Director, was introduced to the Council and to the
audience and briefly discussed LAWCON funding. He proposed that a resolution be
adopted asking that Congress support legislation to release 1980 LAWCON funds in
addition to restoring 1981 LAWCON funding. It was noted that the 1980 LAWCON
funds have now been released and recommended approval of the resolution restoring
the 1981 LAWCON funding. Smith moved, Egan seconded the motion, to approve
Resolution f 80-49 All members voted yes.
R 80-49
Council Minutes
June 17, 1980
Page Two
PUBLIC WORKS DEPARTMENT
1. Maintenance Equipment. Public Works Director Colbert was present and
recommended the Council authorize the ad for bids for four pieces of equipment with
a bid opening for July 10, 1980, at 9 a.m. at City Hall including the following:
(1) tractor loader with backhoe; (2) road grader; (3) single axle dump truck;
(4) trailer mounted sewer jetter. Upon motion by Wachter, seconded Smith, it was
RESOLVED to accept the recommendation and authorize the advertisement for bids. All
voted in favor.
2. Maintenance Costs for Four Oaks Road. Mr. Colbert stated that serious erosion
problems have occured during recent rains and recommended that the Council implement
a policy to bill developers during the development process where the City incurs
extra cost for controlling erosion and siltation. He noted that serious erosion
problems occured on Four Oaks Road from the Rosewood Corporation Coachman Oaks
Apartment complex in an amount equivalent to $1,339.29 and recommended the City bill
Rosewood for the expense. Smith moved, Egan seconded the motion, to accept the
recommendation and authorize the billing to Rosewood Corporation. All voted in
favor.
Egan moved, Wachter seconded the motion, that the staff prepare policies regarding
erosion control and enforcement and submit them to the Council for approval. All
voted yea.
CONSENT AGENDA
The following items were included on the Consent Agenda and recommendations were
made as follows:
1. Improvement 4180-12, Deep Well Pump House. The bid opening was held on
June 12 at 3 p.m. at City Hall and the low bid was from Lee Richert Plumbing &
Heating Company in the amount of $124,900. The Public Works Director recommended
approval of the low bid.
2. Improvement 4180-5, Fish Lake and Heine Lake Storm Sewer Outlet. The
bid opening was held on Thursday, June 12, at 3 p.m. at the City Hall with the low
bidder being Parrott Construction Company in the amount of $176,199.90. The Public
Works Director recommended approval of the award of the low bid.
3. Improvement #80-14, Rahn Addition Utilities. Mr. Colbert recommended
approval of the low bids received from C. Wayne Fredrickson, Inc., in the amount of
$67,545 which bid was received and opened on June 12, 1980, at 3 p.m. at City Hall.
4. Eagan Men's Recreational Softball League Temporary Beer Permit. An
application from Arnold Doering on behalf of the Eagan Men's Recreational Softball
League for 3.2 beer license for a tournament at Univac fields on June 28 and 29
was submitted. The staff recommended approval.
Council Minutes Off: 2
Juhe 17, 1980
Page Three
5. Budweiser Southside Distributing Temporary Beer Permit. An application for
a temporary beer permit for Budweiser Southside Distributing through Mr. Eric
Kruse to be held at Northview Athletic Field on June 21 and 22 was received. The
staff recommended approval.
6. St. Francis Wood Development Bond. The City Engineer recommended a re-
duction in the Development Contract bond amount for Project X6337 consisting of St.
Francis Wood Addition from $51,860 to $5,625.
7. Bruestle Sanitary Sewer, Project #313. The City Engineer submitted a
feasibility report for Project #313 consisting of sanitary sewer near the Bruestle
property on Pilot Knob Road and recommended that the report be accepted and a
public hearing be scheduled for July 15, 1980, at 7 p.m. at City Hall.
8. Walden Heights Utilities and Streets, Project #309. The feasibility
report was submitted by the City Engineer covering Project #309 consisting of utility
and street improvements in Walden Heights Addition and it was recommended that the
report be accepted and a public hearing be scheduled for August 5, 1980, at 7 p.m.
at City Hall.
9. Ridge Cliffe Addition Utilities, Project #314. The petition for Ridge
Cliffe Addition utility improvements consisting of Project 16314 was received by
the Council on behalf of Orrin Thompson - U.S. Homes Corporation requesting the City
prepare a feasibility report for utility improvements in Ridge Cli-f-fe Addition. It
was recommended that the Council accept the petition and order the preparation
of the feasibility report and the plans and specifications for Project #314.
Upon motion by Wachter, seconded Egan, it was RESOLVED that recommendations on
all foregoing Consent Items be accepted and adopted by the City Council. All voted
in favor except Parranto who abstained regarding the award of the low bid for
Improvement #80-14, Rahn Addition utilities because of his involvement in that
project.
JOHNNY CAKE RIDGE ROAD, PROJECT #298 HEARING
The Mayor convened a public hearing regarding Improvement Project #298 covering
Johnny Cake Ridge Road street improvements south of Wildwood Lane. A petition had
been received from Tom Willmus of Willmus Companies requesting construction and
completion of Johnny Cake Ridge Road. Mr. Colbert and Mr. Rosene reviewed the pro-
ject including the feasibility report and it was noted there were no objections to
the project. After discussion, Smith moved, Parranto seconded the motion to close
the hearing, and that the Council continue the determination as to whether to order
in the project until the staff reports to the Council as to priority rankings for
improvement road projects in the City noting that there is no specific development
planned along Johnny Cake Ridge Road. All voted yes.
Council Minutes OG.`
June 17, 1980
Page Four
WESCOTT ROAD PROJECT #305 PUBLIC HEARING
The next hearing convened by Mayor Blomquist concerned Project #305 regarding
Wescott Road improvements between Denmark Avenue and Lexington Avenue. The Public
Works Director and City Engineer discussed the project including the feasibility
report and noted the improvements would be installed under Municipal State Aid
Funding. Patrick McCarthy, a property owner along the right-of-way appeared and had
objections to the proposed alignment but did favor the alignment along the section
line. There was discussion concerning the cost differential along the two alternate
alignments and Mr. McCarthy stated there were certain historical monuments in the
area that should be preserved. Smith moved, Parranto seconded the motion, to close
the hearing, to order in the project, and refer the alignment issue to the Public
Works Department for recommendation to the City Council as to specific alignment
for the roadway and further to authorize the preparation of plans and specifications
on the basis of the final alignment decided by the Council. All voted yes.
DUCKWOOD TRAIL UTILITIES PROJECT #308
The public hearing concerning the utilities and street improvements for Duck-
wood Trail, consisting of Improvement Project #308 was next convened by the Mayor.
The feasibility report was reviewed and there were no objections to the project.
Egan moved to close the hearing, Wachter seconded the motion to order in the project,
and to authorize the City Engineer to prepare the plans and specifications. All
voted yes.
SAFARI AT EAGAN PRELIMINARY PLAT
The Mayor then introduced the application on behalf of Fortune Realty to pre-
liminary plat approval and detailed site approval of Safari At Eagan shopping
center. City Administrator Hedges and City Attorney Hauge explained the background
and reviewed with the Council and a number of concerned surrounding property owners
present findings of the staff to date. In addition, they reviewed the objections
brought by the surrounding property owners. It was noted that a meeting had been
held on June 9 at the request of the City Administrator with representatives of the
applicant and also of the surrounding property owners. Mr. Byron Watchske was present
as was Fortune Realty's attorney, William Ahlberg, and two planners requesting ap-
proval of the two applications. Attorney Clint McLagan appeared with objection on
behalf of objecting area property owners.
It appeared that there had been a series of agreements during the course of the
years regarding Blackhawk Park PITD; that documents, including the PUD Agreement
and exhibits attached to the agreement, generally indicated that commercial zoning
was intended in the subject site; and that only the legal description attached to
the agreement excluded the commercial parcel. Don Juneman, representing Woodgate
III Homeowners Association, appeared and indicated that an unofficial poll of members
of the association favored the shopping center. Mr. Wynn Scott appeared on behalf
of Woodgate I and II Homeowners Association and objected to the application. A
letter from William Ahlberg, attorney for Fortune Realty, dated June 13, 1980, was
also reviewed by the Council.
Councilmember Parranto indicated that City officials and staff had acted for
a number of years on the basis that the property was intended to be used for commer-
cial purposes and the property owners surrounding the commercial center had been
told by staff and Councilmembers that the property was intended for that use including
during the period of time that the Thomas Lake Road easements were acquired.
Council Minutes
June 17, 1980
Page Five
Councilmember Egan questioned whether the surrounding property owners had standing
to object to the zoning at the present time. Councilmember Smith also indicated
that there appeared to be extensive documentary evidence indicating that the property
was intended for commercial use including all of the history showing the intent for
that purpose. The issue has now been raised before the Council at three different
regular meetings and the Council had heard arguments from both sides in detail. Mayor
Blomquist indicated that a mistake had been made by the owners and there is not
adequate reason shown by the owners and developers that the property was not intended
to be excluded from the Blackhawk Park Planned Development and PUD Agreement.
Councilmember Egan gave the same statement and indicated that the affidavit by Mr.
Ed Dunn did not negate the exclusion of the commercial center in the PUD Agreement.
The APC had recommended approval of the plat and site plan subject to certain condi-
tions. Smith moved, Parranto seconded the motion, to authorize the City Council to
enter into an amendment to the PUD Agreement to revise the description recognizing
the history and also the agreement, the documents submitted, and the applications
submitted provided that commercial uses were intended for that location. Those in
favor were Smith and Parranto, those against were Blomquist, Wachter, and Egan.
Smith then moved, Parranto seconded the motion, to deny the application for pre-
liminary plat approval and for site plan approval for the reasons cited above includ-
ing the objections made to the application and the fact that the property had not
been properly zoned for commercial purposes, including the fact that the developer had
specifically excluded the subject commercial property from the PUD legal description,
but that the applicant, including the owner and developer, could submit a request to
the City Council to clarify the zoning due to the complexity of the legal and factual
issues involved. All members voted in favor.
CENTRAL FENCE AND SUPPLY COMPANY REZONING AND CONDITIONAL USE
The application for rezoning from Agricultural to I-1, Limited Industrial, and
conditional use permit to allow outside storage submitted by Central Fence and Supply
Company was next considered. Mr. James Sander, attorney, appeared on behalf of the
applicant as did Mr. Loenard Hersten. There were no objections to the application.
There was concern by certain Councilmembers concerning the land use designation by
the City of Eagan reflecting an R-2 use for the subject property. Also, there was
concern about the zoning on the Inver Grove Heights side to the south of property
currently owned by Central Fence and it was noted that it is currently zoned
industrial or will be zoned industrial. Mr. Sander indicated it is a wholesale and
not a retail business and that there would be no storage above the height of the
fence. The basic change was to provide for five year conversion of use for the
residential property consisting of Lot 2 rather than conversion for office or busi-
ness purposes at the present time. Egan moved, Wachter seconded the motion, to
approve the applications for conditional use permit and for rezoning providing for
five year phasing for the change in use and further subject to the following recom-
mendations of the Advisory Planning Commission:
1. A more detailed site plan in the area of the existing home/proposed office
shall be submitted and approved by the City prior to final approval of the conditional
use permit.
0 G,
Council Minutes
June 17, 1980
Page Six
2. Accesses to the property from County Road #63 (Dodd Road) shall be approved
by Dakota County.
3. The conditional use permit shall be approved for a period of seven (7)
years provided the developer complies with the conditions under which the conditional
use permit is granted and all other pertinent ordinances of the City.
4. The applicant shall be required to dust control the outside storage area
at all times.
5. The perimeter fence shall be set back a minimum of 20 feet from the right-
of-way line along Dodd Road and the setback area shall be bermed and landscaped as
approved by the City. The driveways and parking area related to the proposed office
shall be surfaced prior to the development and use of the outside storage area.
6. Materials and equipment storaged in the outside storage area shall relate
directly to the Central Fence and Supply Company's operation and no other outside
storage shall be permitted unless approved by the City Council of Eagan.
7. At such time as any application for building permit is requested of the
City, the property shall be platted.
8. With the rezoning of this property and the approval of a conditional use
permit, the City does not intend to promote the dual use of property wherein the
existing house would be continued to be used as a residence for a long period of
time. The applicant shall submit a proposed schedule for converting the residence
into an office which shall be approved and become a part of this conditional use
permit.
9. Lateral benefit from trunk water main and sanitary sewer shall be assessed
against this property in accordance with existing assessment policy pertaining to
Limited Industrial zoning.
10. A detailed site plan shall be submitted and approved, indicating the
limits of the open storage, parking area, entrance drive, and landscaping ground
cover. This plan must also indicate grading elevations and drainage patterns.
11. The existing residential property (proposed office complex) shall
be connected to existing sanitary sewer system rather than to the on-site disposal
system at the time of conversion to office use.
12. Adequate right-of-way on Dodd Road and Wescott Road shall be dedicated
to the City as required by the staff.
13. A landscape bond shall be submitted of $2,000 to be retained for one
year together with landscape plan to be approved by the staff pursuant to City
ordinance.
Council Minutes
June 17, 1980
Page Seven
It was further noted that the basis for the motion to rezone to Industrial is that
it is understood that the property adjacent to the property and to the south in
Inver Grove Heights is zoned Industrial. All members voted yes except for Wachter
who voted no and indicated that it was premature to change the zoning at the
present time.
R 80-50
KURT ULRICH PLANNING INTERN
Mr. Hedges introduced Kurt Ulrich to the City Council. Kurt is the new
staff Planning Intern for the City.
MAHMOOD AGHASSI OFF-SALE LIQUOR LICENSE
The application of Mahmood Aghassi for off-sale liquor license permit to be
located in the Silver Bell Shopping Center was next considered. It was noted that
the application had been submitted to the City Council on November 7, 1979, at which
time the application was denied for reasons stated therein. Mr. Roger Sax, attorney,
appeared on behalf of Mr. Aghassi and Mr. Aghassi was present. Mr. Sax introduced
the application by indicating that if the Council turned the application down
that an action would be brought to force the Council to approve the permit. The
report of the Police Chief was cited concerning the application. Councilmember
Egan indicated that another applicant for an off-sale liquor license has attempted
to cooperate with the City rather than work against the City as to suitable location
of an off-sale liquor license permit. He further stated that the application for the
Montessori School for the Silver Bell Shopping Center no longer applied. After
extended discussion concerning the merits for and against the application, Council-
member Smith moved and Wachter seconded the motion to deny the application for reasons
including those cited above and the following:
1. It did not appear to be justified in terms of need.
2. The location was unsuitable because of its proximity (2 blocks) of an
existing off-sale liquor license establishment.
3. The policy of 1973 did appear to be valid in light of present conditions.
4. The planning and development of the entire community including the compre-
hensive plan now in process appeared to preclude change in the policy and offer
basis for denial.
5. The Council may use its discretion in granting or denying liquor licenses
in light of the reasons given.
6. The Council has been consistent in the grant of off-sale liquor licenses
throughout the community.
7. The social argument of the grant of liquor licenses dictates the setting
of policies concerning grant of liquor licenses.
8. There could be an adverse impact upon other licensees in the City, particu-
larly in close proximity to the proposed location.
9. The policy is also based upon the location of off-sale liquor license in
neighboring communities, certain of which are in close proximity to the proposed
location.
Council Minutes
June 17, 1980 P~^1
Page Eight All memers voted in favor.
MAROTZKE ADDITION
Mr. Earl Marotzke appeared on behalf of his application for preliminary plat
approval for Marotzke Addition on Gun Club Trail. He indicated that he had not as
yet been able to acquire all necessary easements on Gun Club Trail and that the staff
is helping to acquire the easements at the present time. Wachter moved, Smith
seconded the motion, to approve the application including the variance required for
lot size subject to the acquisition of easements as directed by the City staff
and subject to the APC recommendations which are as follow:
1. An agreement be signed by the owner that when utilities are available to
this site he or his successors would not object to his fair share of the assess-
ments.
2. That roads be brought up to a standard that the City could accept Gun
Club Road as a public street.
3. That the house locations should follow the proposed sketch plan in order to
carry out plans for the future subdivision of the property.
4. That the proposed plat should be subject to the park dedication require-
ment.
5. That all grading, drainage and utility easements should be approved by the
City Engineer.
6. That a 10-foot drainage and utility easement be dedicated along all rights-
of-way and centered over all common property lines.
7. That the plat not be approved until sufficient right-of-way have been ob-
tained providing for a full 60 foot right-of-way access from Trunk Highway #3 to
the West edge of this plat.
All members voted in favor. D 80-54
DODD ROAD MICHAEL DINEEN PROPERTY
Mr. Donald Giblin, attorney, and Mr. Dineen appeared at the request of the City
Council to discuss the proposed easement for road purposes on Dodd Road in addition
to other easements over the Dineen property on the east side of Dodd Road. City
Attorney Paul Hauge explained the various alternates for the acquisition of a small
1.4 acre severed parcel from Lexington South, Inc., including the outright actual
purchase of the property or payment for severance damages. Mr. Colbert recommended
that a full frontage assessment be levied against the Dineen property in the event
that acquisition of the 1.4 acre parcel because of benefit received. Old Dodd Road
will be vacated by the City and there was some discussion concerning credits for
f"N in 'R fn
Council Minutes
June 17, 1980
Page Nine
the 2.4 acre ponding easement required by the City and temporary and permanent
sanitary sewer easement offered to be dedicated by Mr. Dineen in return to acquisi-
tion of the 1.4 acre parcel. There was discussion regarding other lateral assess-
ments. Councilmember Smith moved, Parranto seconded the motion, to authorize the
purchase of the 1.4 acre parcel from Lexington South, Inc., for $6,000, that the
property abutting that being purchased by Michael Dineen be conveyed to him by
limited Warranty Deed,and to reduce all lateral assessments, including street and
water laterals, along Dodd Road by 1/3 and assess the Dineen property for 2/3 of
the full frontage; further, that the owner convey an easement for sanitary sewer
purposes including temporary and permanent, as requested by the City, running
easterly from Dodd Road, and further, subject to dedication of..a ponding easement
over the pond on the Dineen property, further subject to the staff recommendations.
All voted in favor.
FAITH FAMILY FELLOWSHIP CHURCH
An application for a special permit for the Faith Family Fellowship Church to
hold church services and to establish a Christian Day school at 3815 Cedar Avenue
South was next considered. Pastor Grady Miller of the Church appeared and indi-
cated that the permit was intended to include the Globemaster industrial building
near the west side of Nicols Road. He further stated that the school would be
open in September of 1980 covering grades 1 through 6 and the following year to
include grades through 12. It is expected that the church would remain on the
property for about four years and an option has been acquired for the first right
to purchase. There were concerns about the industrial uses in the area and Pastor
Miller said that he understood those concerns. Smith moved, Wachter seconded the
motion, to continue the application until the July 1, 1980, meeting to allow further
study and review by the staff. All voted yes.
ORRIN THOMPSON ADVERTISING SIGN PERMIT
An application of Orrin Thompson Homes for advertising sign permit at the
southeast corner of Cliff and Nicols Road was presented. It would contain 100
square feet of signage and will be 20 feet in height and would appear to be within
ordinance provisions. A representative of Orrin Thompson Homes was present.
Parranto moved, Egan seconded the motion, to approve the application subject to
the provision for a 20 foot setback from the subject.parcel property line and a
maximum two year limitation to be permanently renewed after the first year. All
voted yes.
IVAN OSE SETBACK VARIANCE
An application by Ivan Ose for a 10 foot front setback variance on Lot 3,
Block 4, Drexel Heights was brought before the Council. Mr. Ose was present and
there were no objections. The APC recommended approval subject to conditions. Smith
moved, Parranto seconded the motion, to approve the application subject to the
following:
Council Minutes
June 17, 1980
Page Ten
1. The proposed house shall not cover more than 20% of the lot.
2. That all other ordinances and setback requirements be met and complied with.
All voted yea. Further, that the motion allow for a comparable variance for Lots
1 and 2, Block 4, Drexel Heights Addition for the same hardship reason.
FIRST MINNEHAHA NATIONAL BANK SIGN PERMIT
The application of First Minnehaha National Bank for conditional use permit
for pylon sign located on Lot 2, Block 1, First Minnehaha Addition, was next
presented. Mr. Russel Kruse was present for the applicant. The APC recommended
approval subject to certain conditions. Parranto moved, Egan seconded the motion
to approve the application noting that there will be no other pylon signs on the
lot owned by the bank and subject to all applicable ordinances. All voted yes.
BLACKHAWK WOODS PRELIMINARY PLAT
The application of Wallace Hafstad for preliminary plat approval of Blackhawk
Woods Addition on Blackhawk Road was presented to the Council. The 1.7 acre parcel
includes three single family lots and the APC recommended approval with conditions.
Del Schwanz, surveyor, appeared for the applicant and there were no objections.
Wachter moved, Smith seconded the motion, to approve the application for preliminary
plat subject to the conditions as follows:
1. That the owner remove only a minimum number of trees during the develop-
ment of the three lots.
2. All easements and dedications shall be provided as required by the Eagan
City staff.
3. All setback requirements shall be met.
4. Drainage, utility and erosion control plans shall be approved by the City
Engineer.
5. A park dedication of $300 per lot shall be required.
6. Compliance with all other applicable ordinances.
All voted in favor. D 80-55
BRAUN SUNRISE ADDITION
Mr. and Mrs. Henry Braun and Del Schwanz, surveyor, appeared on behalf of the
application of Mr. and Mrs. Braun for rezoning from Agricultural to R-1, Residential
Single and preliminary plat approval for Braun's Sunrise Addition. It was noted
that the name had been changed from "Acres" to "Addition" and the APC recommended
approval with certain conditions. Parranto moved, Wachter seconded the motion, to
approve the preliminary plat subject to the following conditions:
Council Minutes O
June 17, 1980
Page Eleven
1. All easements shall be dedicated as required by the Fagan City staff.
2. Grading, drainage, and erosion control plans shall be submitted and
approved by the Eagan City staff.
3. Park contribution shall be required on each of the newly created lots
at the current park dedication rate.
4. A 30-foot street and utility easement shall be dedicated along the north
30 feet of Lot 1, adjacent to Lot 2.
5. A more detailed grading plan shall be submitted and approved prior to
final plat approval, pertaining to Lots 3 and 4.
6. A 75-foot half right-of-way shall be dedicated adjacent to Pilot Knob
Road.
7. The developer shall agree to pay his fair share for individual sanitary
sewer, watermain, storm sewer and street assessments for benefits received from
those utilities constructed for Drexel Heights.
8. Subject to review and approval by County Plat Committee.
9. Subject to all applicable ordinances.
All voted yea. Parranto moved, Egan seconded the motion to approve the application
for rezoning to Single Family District. All voted yea. R 80-51
D 80-56
STORM SEWER ASSESSMENT APPEAL, PROJECT #257
After introduction by the City Administrator, the City Attorney reviewed the
storm sewer assessment appeal brought by approximately 100 property owners regard-
ing Project #257, the storm sewer improvement from Thomas Lake to Blackhawk Lake.
The City received certain appeals on June.4,1980, from the assessment levied on
May 6, 1980 and it was noted that a meeting had been held by certain staff members,
Councilmembers, and representatives of the appealing property owners on June 16.
Some alternates regarding the appeal including pursuing the appeal, abandoning
the entire assessment roll and reviewing each assessment individually or abandoning
the portion of the roll covering the parcels from which assessments had been appealed,
or settlement of the appeals were discussed. The attorneys for the property owners
had recommended that the settlement terms be based upon the American Arbitration
Association Rules providing for three paid arbitrators to determine the revision
and change in market value due to the storm sewer improvements. After considerable
discussion amongst Councilmembers, including the memorandum submitted by the City
Attorney regarding the proposed settlement, Parranto moved, Wachter seconded the
motion, to instruct the staff to forward a letter to each property owner whose
assessment has been appealed indicating that the City Council is on record indi-
cating that it will not assess the same property included in the assessment roll for
storm sewer trunk improvements at any time in the future. It was noted that certain
property owners who represented the property owners were concerned about the future
possibility of such assessments. All voted in favor of the motion.
Council Minutes
June 17, 1980
Page Twelve
RICHARD VICTOR BARTON CONSTRUCTION COMPANY
Mr. Richard Victor appeared requesting the City Council revise the time limit
allowed for the Barton Contracting Company asphalt mixing plant on new Cedar
Avenue from 6 a.m. to 7 a.m. starting time each morning. Mr. Victor cited noise
problems as his reason for change including a son with a serious allergy requiring
additional rest. Conditions of the approval of the permit by the Council in the
minutes of August 7, 1979, were reviewed. Wachter moved, Smith seconded the motion
to change the time for permitted operation of the plant from 7 a.m. to 7 p.m. on
the days provided by the Council at its August 7, 1979, meeting including the asphalt
and crushing operation. All voted yes.
TRAILER PERMITS
The Council again reviewed the applications for trailer permits and after
considerable discussion, Egan moved, Parranto seconded the motion, to approve all
trailer permits except the following noting that those applications do not appear
to conform with the Trailer Ordinance:
1. Weierke Trenching, 660 Cliff Road
2. Joyce Meissner, 3240 Dodd Road
3. Robert Pryor, 1275 Carriage Hills Drive
4. George Becker, 3890 Lexington
5. Elmer Scott, 4185 South Robert Trail
All voted yes.
ORDINANCE NO. 58 HOUSE NUMBERING ORDINANCE
The City Administrator and City Attorney submitted a draft of an amendment to
Ordinance No. 58 consisting of the House Numbering Ordinance providing for a revi-
sion to house numbering, particularly, townhouse and condominium projects on pri-
vate streets and recommended approval. Smith moved,.Egan seconded the motion, all
voted in favor to approve the amendment to the ordinance authorizing the amendment
to the ordinance and publication.
ORDINANCE NO. 52 ZONING ORDINANCE AMENDMENT AND AMUSEMENT DEVICE ORDINANCE
An amendment to Ordinance No. 52 allowing amusement devices within certain
zoned classifications and a proposed amusement device ordinance were briefly con-
sidered by the Council. Blomquist moved, Wachter seconded the motion, to schedule
the consideration of the two ordinances for a special meeting to be set by the
City Council. All members voted in favor.
Council Minutes QC.52
June 17, 1980
Page Thirteen
MALLARD PARK 2ND AND 3RD ADDITIONS FINAL PLATS
The application for final plat approval of Mallard Park 2nd and 3rd Additions
was submitted and had been reviewed by the City staff. It was noted that Develop-
ment Agreements are being updated to indicate increases in costs for improvements.
Egan moved, Wachter seconded the motion to continue the application for two weeks
for additional study and report by the staff. All voted yes.
WEDGEWOOD AND CANTERBURY ADDITIONS FINAL PLATS
At the request of the applicants, Smith moved, Wachter seconded the motion, to
continue the applications until the next regular meeting. All voted yes.
IMPROVEMENT #80-15, DEERWOOD DRIVE AND SILVER BELL ROAD
Plans and specifications for Improvement #80-15 consisting of Deerwood Drive
and Silver Bell Road improvements were next submitted. The City Engineer recom-
mended approval. Parranto moved, Wachter seconded the motion to approve the plans
and specifications and to authorize the clerk to advertise for bids to be opened
at 3 p.m. on July 10, 1980, at the City Hall. All voted yea.
IMPROVEMENT #80-18, SEAL COAT
The plans and specifications for Improvement #80-18 consisting of seal coating
certain streets in the City were submitted and recommended for approval. Parranto
moved, Egan seconded the motion, all voted yea, to approve the plans and specifi-
cations and authorize the clerk to advertise for bids in the legal newspaper to be
opened on July 10, 1980, at 3 p.m.
IMPROVEMENT #80-16, GALAXIE AVENUE
The plans and specifications for Galaxie Avenue street improvements, consisting
of Improvement #80-16 were submitted and recommended for approval by the City
Engineer and Public Works Director. Wachter moved, Parranto seconded the motion, to
approve the plans and specifications with the understanding that a time frame has
been set by Mn/DOT for the freeway improvement in the area so that the Galaxie road
improvements will coincide with such time frame and that the clerk advertise for
bids to be opened on July 10, 1980, at 3 p.m. at the City Hall. All voted in favor.
HERBERT ADELMANN EASEMENT
Paul Hauge discussed with the Council a request on behalf of Herbert Adelmann
for compensation for 17 foot storm sewer easement together with loss of certain
trees covering Project #198A storm sewer improvements on Nicols Road. It was
noted that negotiations have continued over several years and that a demand was
being made by the owner for $10,000 compensation. After discussion, Parranto
moved, Wachter seconded the motion, to offer $2,500 to the Adelmanns for the
easement and for the tree damage and removal noting the single family use in R-4
zoning. All voted yes.
Council Minutes (J) 3
June 17,1980
Page Fourteen
METRAM PROPERTIES VACATION HEARING
A petition had been submitted by Metram Properties for vacation of a storm
sewer easement on property owned by Metram Properties on Silver Bell Road. It was
noted that a revised easement will be acquired from the developer through the plat-
ting of Eagan Metro Second Addition. Upon motion by Egan, seconded by Wachter,
it was RESOLVED that the petition be accepted and that a public hearing be scheduled
on the vacation for July 1, 1980, at 7 p.m. at the City Hall.
ELLIOTT AUTO COMMON WALL AGREEMENT
An agreement between Elliott Auto Supply Company and the City of Eagan con-
cerning Elliott Auto Supply Company common walls on adjacent buildings on Lots 8,
9, and 11, Block 4, Eagandale Center Industrial Park, was submitted by the City
Attorney and recommended for approval. Wachter moved, Egan seconded the motion to
approve the agreement subject to staff approval. All voted yes. A 80-13
CONTRACT APPROVALS
Two contracts were approved for execution by City officials as follows:
1. Improvement #80-13, Ches Mar East 1st Addition and Lexington Avenue street
surfacing Project #310 with Bituminous Roadways, Inc., and;
2. Improvement #80-17, McNamara Vivant Construction Company, for Quarry
Lane improvements.
Egan moved, Wachter seconded the motion to approve the contracts and authorize their
execution. All voted yea.
CITY OF EAGAN VS. HERMANN
The City Attorney submitted a Conciliation Court Complaint to the City Council
concerning some damage to hockey boards at Carnelian Park. It was recommended that
the claim be brought into Conciliation Court'because of failure to arrive at a
settlement. Wachter moved, Egan seconded the motion, to approve the Conciliation
Court Complaint against Richard Hermann. All voted yes.
MINIAUDIT CITY BUILDINGS
The Council approved a miniaudit review for the City Hall which is an on-
site building inspection. Mr. Hedges indicated that a maxiaudit could be conducted
by a professional engineer-registered architect, both of which are funded with 100%
state and federal money. He recommended the firm of Holstead Rust to perform the
miniaudit for the City. Smith moved, Parranto seconded the motion, to accept the
recommendation; all voted yes. Wachter then-moved, Egan seconded the motion, to
authorize an application for a maxiaudit according to the recommendation of the
City Administrator. All voted yes.
Council Minutes 017;4
June 17, 1980
Page Fifteen
JAYNE RECHTIZIGEL RESIGNATION
Jayne Rechtizigel, the secretary for the Public Works Director, Building
Inspector and City Planner has resigned effective July 10, 1980, and it was
recommended that the Council authorize advertising to fill the position. Parranto
moved, Wachter seconded the motion, all voted yes, to approve the recommendation.
METROPOLITAN AIRPORTS COMMISSION RESOLUTION
The Metropolitan Council and Metrdpolitan Airport Commission has established
a committee to study all impacts regarding airports in the Metropolitan area
including airport noise and land use issues. Noting it would be at least two
years before any policies or regulations would be adopted by the legislature to
control aircraft noise and land use compatibility, it was recommended that a
resolution, a copy of which is filed as Resolution # 80-52 , be approved,
adopted and forwarded to M.A.C. prior to establishing any procedures to control
land use within Mendota Heights and the City of Eagan. It was noted that both
cities will submit comparable resolutions. Wachter moved, Smith seconded the
motion, to approve the resolution as revised. All voted in favor.
R 80-52
WALDEN HEIGHTS PRELIMINARY PLAT
The developer of proposed Walden Heights Addition had contacted the City
Planner asking that the Council approve a revision of the proposed plat covering
Lot 3, Block 1, in order to accomodate Northwestern Bell equipment and storage
building along Cliff Road. It would include a variance from the 50-foot setback
requirement and an access permit to be granted from the County to the building. The
staff recommended approval and it was only an informal request from the Council.
There was no strong objection from the Council and it was suggested that the
applicant proceed according to normal ordinance procedures.
FOURTH OF JULY ASSOCIATION NON-INTOXICATING LIQUOR LICENSE
Mr. Steven Casey, representing the Eagan Fourth of July Association, requested
a 3.2 beer permit covering July 4 through 6 for the Association. Egan moved,
Parranto seconded the motion, to approve the application. All voted yes.
ORDINANCE NO. 72 ABSENTEE BALLOT PRECINCT
City Clerk Alyce Bolke submitted a proposed ordinance to establish an absen-
tee ballot precinct for the purpose of receiving and tabulating all absentee
ballots for the elections held in the City of Eagan. Smith moved, Parranto
seconded the motion, all voted in favor to approve the ordinance and to authorize
its publication.
Council Minutes
June 17, 1980
Page Sixteen
DEPUTY TREASURER
Tom Hedges recommended that Gene VanOverbeke be appointed Deputy Treasurer
in the absence of the treasurer. Blomquist moved, Smith seconded the motion, to
appoint Finance Director Gene VanOverbeke as Deputy Treasurer effective immediately
for the City of Eagan.
OAK CHASE CIRCLE
It was noted that the Eagan Tree Inspector had notified owners of certain
lots on Oak Chase Circle to remove dead trees and trees have not been removed from
one lot according to the normal ordinance procedure. Wachter moved, Egan seconded
the motion, to accept the recommendation of the staff that the ordinance provi-
sions be followed and notice be given to the property owners to remove the trees.
All voted yes.
EAGAN MECHANICAL INSPECTOR
Mr. Hedges recommended that Bob Weicken, the part time Eagan Mechanical
Inspector, be granted additional hours for inspection purposes in light of the
heavy work load on the inspectors at the present time. Wachter moved, Smith
seconded the motion, to authorize the additional hours according to the recommen-
dation of the City Administrator. All voted yea.
WELL SITE #5 DRAINAGE FEASIBILITY REPORT PROJECT #315
Mr. Colbert reported on serious water erosion problems near Well Site #5
in the neighborhood of Thomas Lake and recommended the Council authorize a feasi-
bility report for storm drainage for the area. Wachter moved, Eagan seconded the
motion, to approve the preparation of such a feasibility report under Improvement
Project #315. All voted yea.
I-494 AND I-35E DRAINAGE REPORT
The feasibility report prepared by the City Engineer covering the proposed
drainage in the area at the intersection of 1-494 and I-35E was distributed to
the Council. No date was set for a formal hearing.
VOUCHERS
Wachter moved, Blomquist seconded the motion, to approve the following vouchers:
15624-15790, 10375-10456, 1029-1060.
ADJOURNMENT
Blomquist moved, Egan seconded the motion, to adjourn the meeting at 12:15 a.m.
PHH
Dated: June 17, 1980
Ci y Clerk