01/06/1981 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 6, 1981
A regular meeting of the Eagan City Council was held on Tuesday, January 6,
1981, at 6:30 p.m. at the Eagan City Hall. Those present were Mayor Beatta Blomquist,
City Councilmembers Mark Parranto, Tom Egan, and James Smith. Also present were
City Administrator Tom Hedges, Public Works Director Tom Colbert, City Engineer Bob
Rosene, and City Attorney Paul Hauge.
CLERK-TREASURER
Finance Director Gene VanOverbeke was sworn in by City Administrator Tom Hedges
as City Clerk-Treasurer for the City of Eagan and signed the Oath of Office.
AGENDA
Smith moved, Egan seconded the motion to approve the agenda with the addition
of the appearance of the Dakota County Assessor concerning real estate tax abatements,
the issue concerning the Metropolitan Transit Commission Bus Shelter was placed at
the end of the agenda, and the 1981 Sewer and Water Rate Study was continued to the
next regular meeting. All voted yes.
MINUTES
Parranto moved, Egan seconded a motion to approve the Council minutes of
December 16, 1980 with the exception that at page four a revision regarding Federal
Revenue Sharing shall be inserted; at page eight Councilmember Parranto seconded a
motion concerning the Montessori School. All members voted in favor.
PARK AND RECREATION DEPARTMENT
Ken Vraa was present and recommended that the staff be authorized to prepare
specifications and advertise for bids for the purchase of a gang mower, weed sprayer,
small utility vehicle and a 3/4 ton pickup, all included in the 1981 Budget. Smith
moved, Parranto seconded the motion, to approve the recommendation and authorize
the City Clerk to advertise for bids for the purchase of the equipment mentioned
above. All voted in favor.
ADVISORY PARK AND RECREATION COMMITTEE
Mr. Vraa recommended the name of the Advisory Park Committee be changed to
"Advisory Park and Recreation Committee" and the ordinance be revised to reflect
the change. Smith moved, Egan seconded the motion, all voted in favor to approve
the recommendation and authorize the revision to the ordinance.
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January 6, 1981 00002
Page Two
EAGAN ON THE GREEN APARTMENT FIRE
The Mayor then announced the commendations to Steve Olson, a resident of Eagan
On the Green Apartment complex, and to Eagan firemen Dan Klingbeil, Mark Adam and
Maynard Klang for saving the lives of three small children in a fire in the Eagan On
The Green Apartment building on the evening of December 24, 1980. Both Fire Chief
Bob Childers and Mayor Bea Blomquist made presentations to the four men and thanked
them for their extraordinary efforts on December 24.
CONSENT AGENDA
The following consent items were presented:
1. Improvement #79-22, Johnny Cake Ridge Addition Utilities - Final Payment
and Acceptance. It was recommended that the Council authorize final payment to Encon
Utilities in the amount of $5,000 for Improvement #79-22, Johnny Cake Ridge Addition
utilities, and accept the utilities for permanent maintenance.
2. Improvement #79-17, Safari Estates Utilities, Final Payment/Acceptance.
A recommendation was made by City staff to authorize the eighth and final payment of
$31,741.90 to Austin P. Keller Construction Company and accept the utilities for perma-
nent maintenance for Improvement #79-17.
3. Improvement #79-5, Vienna Woods Utilities Final Payment/Acceptance. The
City Engineer recommended approval of the tenth and final payment to Encon Utilities,
Inc., in the amount of $11,623.96 and accept the utilities for perpetual maintenance.
4. Improvement #79-7, Thomas Lake Trunk Storm Sewer Outlet, Crop Damage Payment.
The staff recommended that the Council authorize payment to Leo Murphy in the amount
of $927.14 for crop damages during construction of Improvement #79-7 concerning the
Thomas Lake Storm Sewer improvement.
5. Joyce Addition Petition for Streets and Utilities. A developer of Joyce
Addition petitioned the City for a feasibility report for the installation of streets
and utilities in Joyce Addition. It was recommended that the petition be received
and to authorize the preparation of a feasibility report for Improvement Project
#327.
6. Improvement Project #232A, Change Order No. 5, Super America Utilities. A
three-part Change Order No. 5 was submitted consisting of Part 1, regarding instal-
lation of storm sewer to Neil Armstrong Boulevard, and for an add of $10,457; Part
2, water main wet taps and hydrant relocations for an add on of $3,783; and Part
3 additional gravel required by Mn/DOT for trench backfill in the area of Trunk
Highway #13 and County Road #30 for an add on of $2,601.20. It was noted all costs
would be assessed against benefited property. It was recommended that the change
order in the amount of $16,841.20 be authorized with Encon Utility, Inc.
7. Improvement Contract #80-15, Change Order No. 1. It was recommended that
Change Order No. 1 to Improvement #80-15 with Bituminous Roadways in the amount of
$14,871.50 for sidewalks installed from Vogelpohl apartments to Trunk Highway #13
be approved.
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January 6, 1981 0 0 00 3
Page Three
8. Improvement #79-15, Change Order No. 5, Vienna Woods Street Improvements.
It was recommended that the change order be approved with Minnesota Valley Surfacing
in the amount of $3,130.95 to provide for adjustment to final grade for city utility
castings within Safari Pass roadway.
Parranto moved, Egan seconded a motion to approve all consent agenda items with
the exception of Improvement #232A regarding final payment for miscellaneous improve-
ments. All voted in favor.
CONTRACT #232A ENCON UTILITIES COMPANY
The Council discussed the contract with Encon Utilities for final payment and
acceptance of miscellaneous improvements noting a net overpayment of $11,734.81.
The staff recommended the eleventh and final payment reflecting reimbursement from
Encon Utilities of $11,734.81, and that the City accept the project for permanent
maintenance. Parranto moved, Smith seconded a motion to approve the recommendation
provided that Encoh Utilities agrees in writing to the overpayment and the reimburse-
ment. All voted yes.
E. L. MURPHY TRUCKING COMPANY IR NOTE
Mayor Bea Blomquist convened a public hearing concerning the application of
E. L. Murphy Trucking Company for $2,000,000 industrial revenue note to finance the
construction of a two-story, 20,550 square foot office building and remodeling of
existing office building at its facility in Sibley Terminal Industrial Park. The
City Administrator introduced the subject and Mr. Berg of Miller and Schroeder
was present and reviewed the proposal with the Council. He indicated the total cost
will be $2,300,000 with a $2,000,000 IR note request. After discussion, Smith moved,
Parranto seconded a motion, all voted in favor, to approve the preliminary resolution
for industrial revenue not in the amount of $2,000,000 for E.L. Murphy Trucking Company.
SEE BOND FILE
DAKOTA COUNTY ASSESSOR TAX ABATEMENTS
Mr. Jake O'Toole was present from the Dakota County Assessor's office and
recommended approval of two tax abatements as follows: M.R. Effress and Jerome Halper,
Parcel No. 10-00200-010-27 from $48,428 to $44,415, 1978 assessed value; RES Invest-
ment Company with several parcels to reduce 1978 assessed valuation according to
schedule. Parranto moved, Egan seconded a motion to approve the recommendations.
All voted yes.
J.P.K. PARK COMPANY IR NOTE
The Mayor then convened a public hearing regarding the application of J.P.K.
Park Company for tax exempt financing consisting of industrial revenue note in the
sum of $2,800,000 for 67,000 square foot shopping center at Wildwood Lane and Nicols
Road. Councilmember Mark Parranto vacated his Council chair and abstained from
acting on the application. Miller and Schroeder handled the application and sub-
mitted information through Mr. Berg to the City. Jean Parranto discussed the project
with the Council and there was discussion concerning leases and the need for at least
25% of the project to be leased before the Council would proceed with the project.
After extended discussion, Smith moved, Egan seconded a motion to approve the industrial
revenue note in the amount of $2,800,000 for J.P.K. Park Company, subject however, to
executed leases of at least 25% of, the space according to Eagan policy prior to
approval of the final resolution and compliance with other City policies. It was
noted that a shopping center at that location has been anticipated for a long period
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January 6, 1981
Page Four0 0
of time and further that the land would not be included in the industrial revenue
financing. A similar application had been denied on February 19, 1980, by the City
Council. Mayor Blomquist stated that she generally opposed industrial revenue
financing for shopping centers, but that she would vote in favor in that this project
had been planned for many years, that each project must be looked at individually
on its merits, and that approval of this application would not act as a precedent
for future shopping center IR applications. Those in favor were Egan, Smith,
and Blomquist. Those against were none. SEE BOND FILE
PARATRANSIT PROPOSAL
Betty Schaumberg and Ed Brunkhorst appeared as the City's representatives
concerning the Paratransit Committee that is meeting with several neighboring
municipalities in Dakota County in recent months. There were questions about expen-
diture of funds even at the federal level for a proposed study for paratransit in
Northern Dakota County and the Councilmembers indicated that input from the local
committees should be allowed in the study. After considerable discussion, Smith
moved to adopt a resolution to be submitted to the Urban Mass Transit Administration,
A copy of which is filed as Resolution R 81-1 Blomquist seconded the motion
to be accompanied by a letter about the concerns of the City Council to the Metro-
politan Council and Metropolitan Transit Commission; further, that there be a
determination as to how much money would be spent in the study. All voted yes
except Parranto who voted no. Later in the meeting, the Chairman of the Committee,
Mr. William Stone, appeared and indicated the total amount would be $100,000.
R 81-1
McDONALD'S CORPORATION CONDITIONAL USE PERMIT
Mr. Mike Asad appeared regarding the application of McDonald's Corporation
for conditional use permits to allow a Class II restaurant with drive-up facility
in a CSC district and pylon sign. There were no objections to the application. The
Planning Commission recommended approval subject to certain conditions. There were
concerns about the sign location but noted that it would not be visible from the
freeway at the proposed location of 27 feet in height. Smith moved, Egan seconded
a motion to approve both applications subject, however, to the undersatnding that the
pylon sign permit would be granted because it would have no freeway impact and further
to allow a 15-foot variance on the west side subject to the following conditions:
1. The proposed building permit shall not be issued to McDonald's until such
time that Hillcrest Development Corporation has received their building permit.
2. The parking area shall have asphalt surfacing and concrete curbing around
all perimeters of the parking and drive-through area.
3. The 15-foot variance shall be approved for this proposed site plan.
4. A $2,000 landscape bond shall be submitted and not released until one year
after the landscaping has been completed.
5. The architectural design shall be compatible to the overall center.
6. Compliance with all other applicable ordinances.
7. The entrances to the proposed restaurant should have a 15-foot radius curve
instead of 10-foot radius curve as proposed.
8. The pylon sign shall contain no more than 125 square feet of signage and
shall be no more than 27 feet in height.
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Page Five 00005
All voted yes.
MAXI AUDIT FOR PUBLIC BUILDINGS
Tom Hedges explained to the Council that the mini-audits provided by Holstad
Associates for City buildings have been completed and the next step in the process
is the maxi audit grants which are also partially funded by state and federal govern-
ment agencies. The cost to the City would be $660 and a total cost of $3309. The
low bid was from Holstad Associates in the sum of $3,969.20. Steve Mielke, the
administrative intern, submitted a report and recommended approval of the low bid.
Smith moved, Parranto seconded a motion to approve the participation in the maxi
audit program as presented and award the low bid to Holstad Associates. All voted
yea.
CHES MAR EAST 4TH ADDITION FINAL PLAT
At the request of the developer, Egan moved, Smith seconded a motion to continue
the approval of the final plat until the next meeting. All voted yes.
HILLANDALE ADDITION EXCAVATION PERMIT
An application had been submitted by Beure' Company for excavation permit
within Hillandale lst Addition adjacent to County Road #30. The Director of Public
Works requested that a revised drainage plan be submitted showing provisions for
handling the drainage on site and noted that it had not been submitted. Parranto
moved, Egan seconded the motion to continue the application until the plans are
approved by the staff and submitted to the City Council. All-members voted in favor.
1981 SEWER AND WATER RATE STUDY
Egan moved, Blomquist seconded the motion to continue the consideration of the
study until the next regular meeting. All voted yes.
ZONING MAP UPDATE
Mr. Hedges stated that Kurt Ulrich and Steve Mielke, administrative interns,
have been working on the zoning map changes at the direction of the City Planner and
City Administrator and indicated that nine parcels have been designated for park
purposes which have not been zoned to Public Facilities. The Council discussed the
proposed zoning map. Smith moved, Egan seconded the motion to schedule a public
hearing for February 3, 1981, at 7:00 p.m. at the City Hall concerning the revisions
to the zoning map and further, that staff proceed to rezone all of the park land
to Public Facilities as recommended by the staff. All voted in favor.
DAKOTA COUNTY HRA
Carol Schultz, the director of the Dakota County HRA and other staff members
appeared regarding the Dakota County Housing Assistance update. It was noted that the
City's 1981 Housing Plan should be updated and that the City has not fulfilled much
of the low income housing goal for 1980. Eight of the 12 units for the rental
assistance program have been fulfilled but none of the Section 8 new construction
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January 6, 1981 0l006
Page Six
has been fulfilled. To be sure of favorable review by the Metropolitan Council on
future grant programs, and also to provide low income housing under the Eagan
Comprehensive guidelines for the next ten years, some of the goals that were originally
considered for 1980 could be carried over to 1981. It was also recommended that the
number of units for new construction scattered site program be increased from 7 to
10 units for 1981. Dakota County will prepare a three-year housing assistance
plan to begin in 1981. Smith moved to authorize up to 10 units of new construction
in the scattered site housing program for 1981 as provided in Eagan's housing portion
of the Comprehensive Plan. Parranto seconded the motion. All voted in favor.
Parranto then moved, Smith seconded a motion to carry over 25 units of new
construction for 1981 with 20 additional units to be spread out over the balance of
the two year period for Section 8 new construction. All voted in favor.
AMUSEMENT DEVICE ORDINANCE NO. 73
The City Administrator explained that applications for amusement device
licenses under Ordinance No. 73 have been submitted and at least four of the appli-
cants have requested a variance from the 10:00 p.m. closing time to stay consistent
with other business practices. It was noted that the 10:00 p.m. time was used for
curfew for younger children. Smith moved, Egan seconded a motion to authorize
amendment to the Ordinance to approve the amusement device license applications as
presented and further to authorize amendment to the ordinance from 10:00 p.m. to
1:00 a.m. for the closing time only on nonintoxicating and intoxicating liquor
license premises. All voted in favor.
MTC BUS SHELTERS
Mr. Colbert stated that four sites were to be considered for future locations
for passenger waiting shelters with Valley View Apartments on Rahn Road having the
highest priority by earlier Council action. The MTC plans to install forty shelters
in 1981 throughout the metropolitan area and Eagan will be allocated one shelter.
Because Mt. Calvary Lutheran Church has objected to the location of the shelter on
the east side of Rahn Road, it was recommended that it be moved to the west side of
Rahn Road. The MTC was requested to redesign and resubmit a shelter station plan for
the Valley View Apartments on the west side of Rahn Road.
Councilmember Wachter arrived at the meeting at approximately 9:20 p.m.
COMPREHENSIVE GUIDE AMENDMENT PROCESS
The Council again discussed the proposed guidelines and suggested some modifi-
cations for guidelines that had been submitted by the Metropolitan Council for public
hearing on January 22, 1981, at 2:00 p.m. at the Metro Council chambers. Council-
members suggested some modifications and questioned whether the Comprehensive Plan
will supercede zoning if the zoning map is not in total conformance. Objections were
raised that the Comprehensive Guide Plan would no longer be a guide but then would
be a master plan without allowing flexibility and it would be anticipated that court
action would be very common place if the Comprehensive Guide Plan would supercede the
zoning maps. Parranto moved, Egan seconded a motion to authorize the City Administra-
tor to prepare a letter to be sent to area legislators and other affected legislators
including the Association of Metropolitan Municipalities expressing the concerns of
the Council regarding the Comprehensive Plan and the zoning map. All voted in favor.
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January 6, 1981
Page Seven
SPECIAL COUNCIL MEETING
A special Council meeting will be scheduled on January 13, 1981, at 8:00 p.m.
with the Advisory Planning Commission to review changes in the Comprehensive Plan
and with the Fire Relief Association at 7:00 p.m.
PEOPLES NATURAL GAS RATE REVISIONS
Notification has been received by the City concerning rate increases by Peoples
Natural Gas. No action was taken.
ECONOMIC DEVELOPMENT COMMISSION
City Administrator Hedges and City Attorney Hauge explained the concerns of
certain businesses and interested persons in the City who have been promoting the
establishing of an Economic Development Commission particularly in light of the
extended highway networks that are now being constructed through the City. Various
proposals have been suggested and the Council was requested to express its
views as to involvement by the City in such a commission. The ad hoc group and
the staff were requested to prepare some alternate approaches for submission to the
Council.
FIRE RELIEF ASSOCIATION
There was discussion concerning the proposed revision from a defined benefit
plan to defined contribution plan for the Fire Relief Association and no formal action
was taken.
VOUCHERS
Wachter moved, Egan seconded the motion to approve the following vouchers:
17435-17573; 1282-1289; 11587-11687.
All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at 10:35 p.m.
PHH
CITY C ERK