08/19/1980 - City Council Regular
00.97
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 19, 1980
A regular meeting of the Eagan City Council was held on Tuesday, August 19, 1980.
All members were present including City Administrator Tom Hedges, City Attorney Hau-e,
City Engineer Rosene and City Public Works Director Tom Colbert.
AGENDA
Smith moved, Wachter seconded the motion, all voting yes, to approve the agenda
as presented.
MINUTES AUGUST 5, 1980 MEETING
on motion by Egan, seconded Parranto, it was RESOLVFD that the minutes of
the Au'u~,t 5, 1980 meeting be approved with the following changes:
On page 6 regarding L & F Addition, paragraph 2 of the conditions should read
as follows: A detailed site plan shall be approved by the APC and Council prior to
the issuance of a building permit, and,
Paragraph six should be stricken because of duplication with paragraph 8.
At page 9 regarding the Art Rahn Addition, Councilmember Parranto abstained under
Improvement #80-27. On page 10 regarding Wescott Road drainage problem, all voted
in favor; on page 5, under Ridge Cliffe Addition it was noted that some of the names
suggested had unpronouncable names; one page 1 the excavation permit by Walden
Heights Subdivision was stricken for lack of submission of an application. All
voted in favor.
GENERAL LIABILITY AND WORKMAN'S COMPENSATION INSURANCE
Bruce Medvec of Valley Insurance, the Eag.in Insurance Agent of Record, appeared
concerning the 1980-81 general liability and workmans compensation program. A
detailed review of the proposal was submitted in writing and included in the packet
by the City Administrator and there was discussion concerning the self-insurance
program for City vehicles. Smith moved, Parranto seconded the motion to accept the
insurance renewal program as presented, and to review the physical damage coverage on
automobiles at a later time. All voted in favor. It was understood that the Finance
Committee will review the auto insurance and report back to the Council.
POLICE DEPARTMENT
Chief DesLauriers was present.
1. Johnny Cake Ridge and Cliff Road Cycle Complaint. Mr. DesLauriers reviewed
the findings of the Police Department regarding the use of motorcycles on private
property ar Cliff and Johnny Cake Ridge Road and noted that a number of complaints had
been received by the City staff. It was suggested that one driveway access on the
Zylka property on the south side of Cliff Road be closed. Further checks will be
made to police the area on a regular basis.
Council Minutes
August 19, 1980
Page Two
2. Police Auction Proceeds. It was noted that Mr. DesLauriers recommended
that the $1,730 received during the spring police auction be used to purchase equip-
ment for the evidence storage and security area in the Police building. Wachter
moved, Smith seconded the motion to accept and approve the recommendation. All voted
yes.
CONSFNT AGENDA
The following consent items were recommended for approval by the staff and
reviewed by the Council:
1. St. John Neumann Beer and Gambling License. An application of St. John
Neumann Church for temporary beer and combination gambling license for September 6
and 7, 1980, during the fall festival at the church was recommended for approval.
• 2. Capital Ski Club Temporary Beer License. A request for a temporary her
license by Sue Bladou representing the Capital Ski Club for August 23 to 25, 1980
at Univac Field was recommended for approval.
3. Fire Service Agreement. A reciprocal fire service agreement between the
City of Bloomington and Cit_, of Eagan was included in the packet and was recommended
for approval with implementation after the completion of the new Cedar Avenue bridge.
A 80-16
4. Cooperative Snow Removal Agreement with the City of Burnsville. Mr. Colbert
recommended that the Council continue consideration of that agreement and not act at
the present meeting. A 80-17
R 80-68
5. Su >lemental Agreement No. 1 to Storm Sewer Force Main. The Supplemental
Agreement No. 1 to Mn/DOT Agreement 59923 covering storm sewer force main installed by
Mn/DOT's contract under Trunk Highway #55 was recommended for approval by the staff.
6. Heine Strasse Easement Vacation. A petition was received from property
owners on Heine Strasse asking that the former public street easement be vacated.
It was recommended that a public hearing be scheduled for September 16, 1980 at 7
p.m. at the City Hall.
Upon motion by Smith, seconded Wachter, all members voting in favor, it was
RESOLVED that the foregoing recommendations on the Consent Agenda be approved and
ordered implemented.
ECON LAB TAX EYE T BOND ISSUE PUBLIC HEARING
The Mayor convened a public hearing regarding the request of Economics
Laboratory, Inc., for $7,000,000 tax exempt commercial revenue mortgage application.
It was noted that representatives from Econ Lab were present including Jack Brill,
the local manager, and Roger Wingness of Juran and Moody Municipals. A request was
made for public rather than private placement as is normally the policy of the City.
A $7,000,000 addition to the Econ Lab facility on Lone Oak Road is under
construction and only that portion of the construction not completed could be covered
by the mortgage bond issue. There had been no recommendations from the fiscal
Council Minutes
August 19, 1980
Page Three 0(;1 99
consult.:ants, Miller & Schroeder, to date. The Councilmembers explained their reasons
for a preference for private placement rather than public offering because of some
bad publicity and the potential sale to unsophisticated investors. It was suggested
that there be a minimum purchase of S10,000 or 525,000 per buyer together with an
investment letter from each purchaser. Councilmembers indicated that they have no
objection to large sophisticated investors. Smith moved to approve the resolution for
the $7,000,000 IDR mortgage subject to favorable recommendation from the City
fiscal consultant and compliance with the Eagan Industrial Revenue Policies. Egan
seconded the motion. All voted in favor. SEE BOND FILE
U-HAUL CONDITIONAL USE
Representatives of U-Haul were present concerning its application for a condi-
tional use permit renewal which had been continued from the August 5 meeting. There
were concerns from Councilmembers regarding the number of trucks and trailers on the
site and it was noted that the permitted number had been exceeded several times but
only temporarily. Representatives present stated that they will comply with the
requirements and keep the site in an orderly and neat fashion. Egan moved, Wachter
seconded the motion to approve the application for one additional year. All voted
yes.
D.C.R. COMPANY CEDARVALE LANES COMMERCIAL REVENUE MORTG.AGF ISSUE
The final resolution concerning D.C.R. Company's request for -5700,000 commer-
cial revenue mortgage issue through the City of Eagan was next considered. Mr.
Richard Stryker was present and requested favorable action. Parranto moved, Egan
seconded the motion to approve the resolution and order the execution of all neces-
sary documents subject to staff approval. All voted in favor.
SEE BOND FILE
COMPREHENSIVE GUIDE PLAN
Mr. Hedges and ')ale Runkle, City Planner, were present to discuss with the
Council the Comprehensive Guide Plan that had been recommended for approval by the
APC on June 10. A request had been made of the Metropolitan Council to continue
the deadline date for submission until September 1, 1980, for completion of the plan
and there were strong concerns by Councilmembers regarding an additional extension
because of Metro Council staff requests for revisions to the amendment procedure to
the Municipal Comprehensive Plan. A hearing had been held by the Met Council on July
31 and it was expected that a complete revision of the proposed amendment guidelines
will take place and a future public hearing will be held.
After considerable discussion, Smith moved, Egan seconded the motion,to
submit the comprehensive guide plan to the Metro Council as drafted for review with
the understanding that it has not been finally approved by the City Council and further
that the City Council has serious concerns regarding the implementation including
amendments to the plan. Lloyd Krob, Planning Commission Member, was present and
expressed concerns about attempts by the Met Council to review all changes in the
Comprehensive Plan and potential delays that may develop. Those in favor of the motion
were Smith and Egan. Those against were Parranto, Wachter and Blomquist.
Council Minutes
August 19, 1980 0(1200
Page Four
Blomquist then moved, Egan seconded the motion to direct the City Attorney to
prepare a legal memorandum concerning the interpretation of the amendment procedure
and the powers of the „etro Council in regard to amendment and further that the staff
request three months extension of time for submission of the Plan to the Met Council.
All voted in favor. R 80-69
CLEARVIEW 3RD ADDITION PRELIMINARY PLAT
The application of Mr. Joseph Peterson for preliminary plat approval of Clear-
view 3rd Addition consisting of Lot 6, Block 1, Clearview Addition was next considered.
No one appeared on behalf of the applicant and Smith moved, Parranto seconded the
motion to continue consideration until the first meeting in September with Mr.
Peterson to be noticed about the meeting. All voted yes.
GOPHER EAGAN 2ND ADDITION PRELIMINARY PLAT
A representative of Gopher Smelting Company appeared concerning his appli-
cation for preliminary plat approval of Gopher Eagan Industrial Park 2nd Addition
and zero setback variance for the existing building. The APC recommended approval
on July 22 subject to conditions. Parranto moved, Smith seconded the motion, to
approve the pr,:iiminar-.' plat subject to the following conditions:
1. A 60-foot half right-of-way shall be dedicated along the length of Yankee
Doodle Road bordering on the property.
2. The plat shall be subject to Dakota County Plat Commissioner's recommendations.
3. That the owner will waive objection to special assessments for Yankee Doodle
Road improvements being assessed by the City.
4. Ten-foot drainage and utility easements shall be dedicate:' adjacent to all
property lines.
5. Compliance with all applicable ordinances.
All voted yes. Parranto then moved, Egan seconded the motion to approve the zero
setback variance on the basis of the fact that the building is in existence and
overlaps the railroad right-of-way line. All members voted yes.
D 80-75
EAGAN AUTOMOTIVE CONDITIONAL USE PERMIT
A request of Eagan Automotive for extension for one year of its conditional use
permit for a proposed facility in Barton McGray Addition on Highway 013 was next
discussed. Mr. David Borneman was present and requested that the Council relax its
condition that cars may not be stored overnight due to the hardship in getting
repair parts and completing repair work in one day. Smith moved, Egan seconded the
motion, to authorize the one-year extension of the conditional use permit and further
that there be no overnight parking except occasional parking including current work
order and emergency purposes covering current licensed automobiles only. All voted
yes.
Council Minutes
August 19, 1980
Page Five 01"'201
MSA STREET DESIGNATIONS
It was noted that Mn/DOT had indicated preliminary approval of the M.S.A.
street designation changes as requested by the Fagan Public Works Director and
requested approval of the Council. Smith moved, Wachter seconded the motion, to
approve the resolution establishing municipal state aid highways in the City as pro-
posed. All voted in favor. Egan then moved, Parranto seconded the motion, to ap-
prove the recommendation that the designation of the ring road from Lone Oak Road to
T. H. #49 be re.-oked as a state aid street. All voted yes.
ELECTION TUDGE APPOINTMENTS
City Clerk Alyce Bolke submitted a list of proposed election judges for the
11 City precincts for the September primary and November general elections and
recommended approval. Wachter moved, Egan seconded the motion to approve the
election judge recommendations. All voted in favor. D 80-76
IMPROVEMENT-480-26 PLANS AND SPFCIFICATIONS
The plans and specifications for Improvement #80-26 covering street construction
for Safari Estates, Eden Addition, Cedar Cliff 1st and 2nd Additions, and Briarhill
Addition were next submitted and recommended for approval. Egan moved, Wachter
seconded the motion to approve the recommendations and to authorize the Clerk to
advertise for bids to be opened on September 11, 1980 at 3 p.m. at the City Hall.
All voted yes.
IMPROVEMFNT •'`80-10 PLANS AND SPECIFICATIONS
The plans and specifications for Improvement #80-10 concerning sewer and
water construction on Silver Bell and Nicols Road were submitted. There was consid-
erable discussion concerning the need to acquire easements prior to award of any
contract for improvements in the City. Parranto moved, Blomquist seconded the
motion, to approve the plans and specifications and to authorize the City Clerk to
advertise for bids to be opened on September 11, 1980 at 3 p.m. at the City Hall.
All voted yes.
EASEMENT ACQUISITIONS
Blomquist moved, Wachter seconded the motion to direct the City Administrator
to prepare a resolution to provide that all necessary right-of-way easements for
utility and street purposes be acquired by the City prior to the award of any con-
tract for improvements in the City by the Council. All voted in favor.
IMPROVEMENT #80-28 PLANS AND SPECIFICATIONS
The next set of plans and specifications covered Improvement #80-28 where the
Public Works Director recommended the Council approve sewer television inspection
during 1980 on all sanitary sewer lines installed within the City. He indicated
Council Minutes
August 19, 1980
Page Six 00202
that it would be desirable in order to detect defects in construction, a record
of all vs, etc., in the lines. Smith moved, Egan seconded the motion to approve
the recommendation and all voted in favor.
CHES MAR FAST 3RD ADDITION FINAL PLAT
It was noted that David Gabbert, the developer of Ches Mar East 3rd Addition,
was not present but had submitted an application for appro(ral of the final plat.
Wachter moved, Egan seconded the motion, all voted in favor, to approve the final
plat of Ches Mar East 3rd Addition subject to final staff approval and compliance
with all necessary City requirements.
R 80-70
IDR BOND PROCEDURE D 80-77
Parranto moved, Smith seconded the motion, all voted in favor, to amend the
June 3, 198Q, minutes relating to the procedure for industrial revenue bonding
in the City and to authorize the City Administrator to implement the amendment.
MCDONALD'S PROPOSED IDR BOND
C_-rrespondence had been received from the attorneys for McDonald Corporation
questioning whether certain policies of the City regarding the issuance of industrial
revenue financing could be amended covering the inclusion of land costs in the
industrial revenue bond issue. Blomquist moved, Egan seconded the motion, to direct
the City Administrator to prepare a letter in response to the request of McDonalJ's
attorneys indicating that there will be no changes in the policies as there did not
appear to be sufficient reasons for the changes in the policies at the present
time. All voted yes.
HENRY BRUESTLE STORM SEWER FASFMENT
Paul Hauge reviewed his letter of August 18 concerning the demand of Mr. and
Mrs. Henry Bruestle for compensation for the storm sewer easement across a portion
of their property adjacent to Pilot Knob Road regarding the Fish Lake storm sewer
project. Noting the contractor may assess penalties against the City because of its
inability to complete the project, the fact that the City does not have time to
commence and complete condemnation proceedings in an expeditious manner, Parranto
moved, Egan seconded the motion to approve the payment of approximately $7,784 to Mr.
and Mrs. Henry Bruestle because of the hardship imposed by the City in not completing
the storm sewer project. All voted in favor. There was also discussion concerning the
proposed deferral of assessments or nonassessment of the Henry Bruestle property at
the present time. Parranto moved, Smith seconded the motion, to accept a request for
deferral under the Senior Citizen's deferral of assessment ordinance, subject to
submission of a request by Mr. and Mrs. Henry Bruestle to the City. All voted in
favor.
HERBERT ADELMANN FASEMENT
The City Attorney then discussed the request of Mr. and Mrs. Herbert Adelmann
for payment for storm sewer on Nicols Road covering a 17-foot storm sewer and loss of
Counc._~i :ii.u:es
August 19, 1980
Page Seven 0C 203
trees. It was noted that negotiations had continued for nearly three years and it
was recommended that $6,000 be paid to the Adelmanns for easement and tree-loss.
Smit':. moved, Parranto seconded the motion, to approve the recommendation. All
voted in favor.
MEADOWLAND ADDITION STREET VACATION
A request from Burford Construction Company that the , City Council set a hearing
to vacate an eyebrow cul-de-sac in Meadowland Addition was next considered. The
City Council's position is that the applicant must pay the costs including the
surveying and other costs incurred by the City in the vacation process. Smith moved,
Wachter seconded the motion, to approve subject to submission of an appropriate
petition with an agreement by the requesting party to pay the expense for vacation and
further, no date be set for the hearing at the present time. All voted in favor.
• I-35E DEPOSITION COSTS
City Administrator Hedges again reviewed with the City Council the request of
Charles Dayton, attorney for Associated Families, for the payment for the Dr. David
Bresslau deposition and several other depositions in the total amount of $831.93.
The Council at the recommendation of Mac Hyde had earlier authorized payment of
$325.93. The request was again made through Harriet Johnson of Associated Families
that full payment be authorized. The Council discussed and reviewed the request
together with Mr. Hyde's recommendation. Parranto moved, Wachter seconded the motion,
that the Council, after reconsideration, determine that it would not authorize
additional funding above the S325.93. All voted yes.
LEAGUE OF MINNESOTA CITIES BUILDING PROJECT
Mr. Hedges stated that the League of Minnesota Cities Building Committee recom-
mended to the '.eague that an office building be constructed in the St. Paul area for
• the League of Cities. Several options for payment by each member City were discussed
including a lump su-: of $9,816, a five-year option, a ten-year option and indefinite
annual payments. No action was taken by the Council.
IMPROVEMENT #80-11 CONTRACT
The contract with Thomas Montgomery Construction Company for Brittany Manor 2nd
and 3rd Addition utility improvements was presented and recommended for approval.
Parranto moved, Egan seconded the motion, to approve execution of the contract. All
voted yes.
IMPROVE",ENT #80-23 RAHN PARK TO THOMAS LAKE PARK TRAIL BIDS
The bids for Phase II of Rahn Park to Thomas Lake Trail improvements have been
received by the City and the low bidder was Barber Construction Company in the amount
of $47,700.44 with engineer's estimate at $66,000. The grant received by the City
was 40% of the actual construction costs. Wachter moved, Parranto seconded the
motion to award the contract to the low bidder. All voted in favor.
Council Minutes
August 19, 1980
Page Fight OC204
CLF\R LAKES GRANT PROGRAM
Mr. Hedges discussed with the Council the proposed application for a grant under
the Clear Lakes Grant Program funded by the Minnesota Pollution Control Agency and
recommended approval. Smith moved, Parranto seconded the motion to approve the
resolution and authorize the administrator to pursue such a grant application. All
voted yes.
CEDAR CLIFF PHASE 2 DIPROVFMENT #80-22
The bids for Cedar Cliff Phase 2 consisting of Improvement #80-22 with low
bidder being Sandmark Construction, Inc., in the amount of $94,743.75 with engineer's
estimate of S105,000 was next considered. Egan moved, Wachter seconded the motion
to approve the award of the contract to the low bidder. All voted in favor.
• CAPITAL IMPROVEMENTS PROGRAM
The Council requested that the Administrator instruct Miller and Schroeder
to review and comment on the Capital Improvements Program and its effect on the future
bond rating for the City before the next meeting to consider the CIP by the City
Council.
ASSESSMENT HEARINGS
Because of conflicts by City Council members, the assessment hearings scheduled
by the City Council at its August 5 meeting for September 25, 1980, were upon motion
by Egan, seconded Wachter, rescheduled to September 24, 1980 at 7 p.m. at the City
Hall. All voted in favor.
VOUCHERS
Egan moved, Wachter seconded the motion, all voted in favor, to approve the
following vouchers:
1108-1135; 10782-10889; 16152-16296.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at 10:45 p.m.
PHH
Dated: August 19, 1980
Cit Clerk