02/03/1981 - City Council Regular
O ''3 0 ,3
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 3, 1981
A regular meeting of the Eagan City Council was held on Tuesday, February
3, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist
and Councilmembers Egan, Wachter, Parranto and Smith. Also present were City
Public Works Director Colbert, City Engineer Rosene, City Administrator Hedges
and City Attorney Hauge.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as pre-
sented. All voted aye.
MINUTES
Wachter moved, Egan seconded the motion to approve the minutes of the
January 20, 1981, regular meeting. All voted yes.
DEPARTMENT HEAD BUSINESS
There was no Department Head Business scheduled for the meeting.
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval:
1. St. John Neumann Church 3.2 Beer License. An application for non-
intoxicating malt liquor license for the St. John Neumann Church for casino
night on February 28, 1981, was recommended for approval.
2. St. John Neumann Gambling License. An application for a combination
gambling license for the February 28, 1981 casino night at St. John Neumann
Church was also recommended for approval.
3. Improvement Contract #216, Mallard Park Utilities. It was recommended
that Change Order No. 2 to Improvement Contract #216 for Mallard Park utili-
ties in the amount of $6,627 be approved.
4. Improvement Contract #216 Final Payment. It was recommended that the
final payment for Contract #216 for Mallard Park utilities to Fredrickson
Excavating Company in the amount of $13,026 be approved by the Council.
5. Improvement Project #217 Final Payment. The City Engineer recommended
1
0 0 0 4
approval of the final payment under Improvement Project #127 to provide for
payment to Fredrickson Excavating Company for the Hilltop Estates utilities in
the amount of $6,701.70 and accept perpetual maintenance.
6. Improvement Contract #227A Final Payment. It was recommended by the
Public Works Director that final payment and acceptance of the St. Francis
Woods, Rustic Hills, and Oak Chase 4th utilities under Project #227A be ac-
cepted for perpetual maintenance and approval of final payment to Parrott
Construction Company in the sum of $19,852.17.
7. Improvement Project #239A Final Payment. It was recommended to accept
Improvement Project #239A consisting of Thomas Lake Road, Wescott Road, and
Park Cliff utilities and approve the payment to Parrott Construction Company
in the sum of $31,240-31.
8. Improvement #79-15 Final Payment. The Public Works Director recom-
mended final payment to Minnesota Valley Surfacing Company in the amount of
$223,308.21 for Improvement #79-15 Vienna Woods streets and accept the project
for perpetual maintenance.
9. I-494 Plan Approval. The City has received the final plans and speci-
fications for the Minnesota River Bridge project contract #92-17 and Mr.
Colbert recommended approval of the final plans and specifications for con-
struction of Bridge #92-17 for I-494 Bridge and to authorize the Mayor and
City Clerk to execute the MN/DOT resolution. R 81-7
10. Johnny Cake Ridge Addition Bond Reduction. After receiving a re-
quest from U.S. Homes Corporation to reduce the development bond required for
Johnny Cake Ridge Addition from $438,680 to $21,250, it was recommended that
the authorized reduction be approved.
11. Ridgecliffe 2nd and 3rd Additions Bond Reduction. Mr. Colbert
recommended that the request of U.S. Homes Corporation to reduce the develop-
ment bond for Ridgecliffe 2nd and 3rd Additions from $171,100 to $44,050 be
approved.
12. Ridgecliffe 1st, 4th, and 5th Addition Bond Reduction. A request
from the U.S. Homes Corporation to reduce the Development Bond for Ridgecliffe
1st, 4th, and 5th Additions from $1,239,000 to $557,000 was recommended for
approval.
13. Timberline Street Lights, Improvement Project #325. It was recom-
mended the petition signed by residents in the Oslund Timberline Addition
requesting a feasibility study for street lighting in that subdivision be
received and that the public hearing on the feasibility study now completed be
accepted and that the public hearing be scheduled for March 3, 1981 at 7:00
p.m. at the City Hall.
Egan moved, Parranto seconded the motion to approve the foregoing consent
agenda items as recommended. All voted in favor.
2
Off; O2 5
IMPROVEMENT #79-18, CHANGE ORDER NO. 3
It was recommended that Change Order No. 3 consisting of four parts in-
volving Improvement #79-18 consisting of Brittany 1st Addition, Lake Park
Addition and Thomas Lake Addition utilities be recommended for approval in the
amount of $5,595. Egan moved, Wachter seconded a motion, to approve the
change order as recommended. All voted in favor except Parranto who ab-
stained.
INDEPENDENT SCHOOL DISTRICT #196 DEFERRMENT OF CONNECTION CHARGES
Mr. Colbert indicated that during the construction of utilities to
Northview Elementary School under Improvement #80-20 the plans and specifica-
tions were prepared and designed to provide for a direct connection to the
school's existing on-site water and sewer systems. The School District re-
quested that the SAC charges in the sum of $18,700 be paid to the MWCC by
March 1 and that the remaining sum of $18,971 for Northview and $10,571 for
Thomas Lake School connection charges be spread as a special assessments
against the respective properties over a period of 15 years at 8%. A waiver
of public hearing objections was submitted. Parranto moved, Wachter seconded
the motion to approve the request but to spread the assessments over five
years at 10% interest rate. All voted yes.
IMPROVEMENT PROJECT #318 YANKEE DOODLE STORM SEVERS AND STREETS
The City received a petition at an earlier time from the owners of the
Bicentennial Addition requesting a feasibility report for the installation of
storm sewer laterals along Yankee Doodle Road near Federal Drive and the
feasibility report was now submitted by the City Engineer. Due to the fact
that the Dakota County Highway Department in the upgrading of Pilot Knob Road
recommended improvements to Yankee Doodle Road to a point 900 feet west of the
intersection with Pilot Knob Road, it was recommended that the feasibility
report as prepared by the City Engineer be received and that a public hearing
be scheduled on the report for March 3, 1981, at 7:00 p.m. at the City Hall.
Wachter moved, Parranto seconded a motion to approve the recommendation. All
voted yes.
EAGANDALE CENTER INDUSTRIAL PARK EXCAVATION PERMIT
The City has received an excavation and grading permit application from
Rauenhorst Corporation to place excess fill generated by the construction of
proposed I-494 interchange over Lots 1 through 5, Block 8, Eagandale Center
Industrial Park north of Trapp Road and east of Eagandale Boulevard. The
staff recommended approval of the excavation and grading permit on Block 8
Eagandale Center Industrial Park and an additional $4,000 bond to insure the
proper restoration of the hall road due to any filling operations. Wachter
moved, Parranto seconded the motion, to approve the recommendation. All voted
yes.
DON GRANT PARKING CITATIONS
Mr. Don Grant appeared on his own behalf regarding a parking citation
served upon him and other persons whose automobiles were parked in the High-
view Park area not designated for parking purposes. It was noted the com-
plaints had been received from the Police Department concerning parking on the
3
Council Minutes O1102'G
February 3, 1981
grass in the area two evenings in a row but that no "No Parking" signs or
specific parking area was designated at Highview Park. Mr. Grant distributed
some handouts and Park and Recreation Director Ken Vraa was present who recog-
nized the need to sign parks to a greater extent. Mr. Grant recommended that
all City parks have a minimum of 12 foot by 50 foot six inch gravel parking
area enclosed as designated parking area and that the other areas as park
areas be signed. Mr. Grant was given an opportunity to be heard and no action
was taken.
IMPROVEMENT PROJECT #326 SOUTH OAKS AREAL STORM SEWER AND SANITARY SEWER
Mayor Blomquist convened the public hearing regarding Improvement Project
#326 covering storm sewer and sanitary sewer improvements in the South Oaks
Addition adjacent to Cliff Road. Three alternates were proposed in the feasi-
bility report submitted by the City Engineer and they were discussed by Mr.
Colbert and Mr. Rosene. It was recommended by the staff that alternate two is
the most feasible route for the trunk storm sewer. A large group of neigh-
boring property owners were present. There was an objection from the current
owner of the Holtz farm on the south side of Cliff Road as to the amount of
the proposed assessments. There were a number of questions from owners pre-
sent and no other objections to the project. The staff recommended against
alternate 1 because of additional cost and it would tear up the South Oaks
streets and further it would require very deep storm sewer cuts. Sanitary
sewer could be installed must shallower at the same time and sanitary sewer
and water should be installed at the same time. There were concerns about the
need for natural gas installation in the area and questions were submitted by
residents in the South Oaks area to the Public Works Director. It was also
explained that area assessments would be waived by the City in areas where
ponding easements are granted to the City. There was discussion regarding
future water improvements in the area but no demand at the present time. The
hearing lasted from 7:00 P.M. to 7:50 P.M. Wachter then moved, and Egan
seconded the motion to close the hearing. All voted yes. It was recommended
that any affected property owners could send letters to the City Administrator
requesting review of specific assessment issues by the Assessment Committee.
Egan moved, Wachter seconded the motion, to approve the installation of the
sanitary sewer and the storm sewer under alternate 2 as proposed under the
preliminary report. All voted in favor.
OVERHILL FARM ADDITION PRELIMINARY PLAT AND REZONING
Mr. Dave Dehler and other Dehler family members appeared regarding the
application of Overhill Properties, Inc., for rezoning from A to R-1 and R-2
and preliminary plat approval of Overhill Farm Addition at the northeast
corner of Dodd Road and Cliff Road. The public hearing was held on October
28, 1980, by the Planning Commission which recommended approval subject to
conditions. The Council had deferred the matter from the December 2, 1980,
meeting to consider the installation of storm sewer improvements. Several
layouts were reviewed and surrounding property owners questioned certain
aspects of the project including the number of duplexes and also street ac-
cess. It was recommended that two access roads from the addition be provided
to Dodd Road. The R-2 lots intended would cover Lots 1 to 7, Block 1, from
the south entrance road on Dodd Road to South Oaks Addition with no R-2 lots
abutting South Oaks Addition. Smith moved, Parranto seconded the motion to
rezone the property from A, Agricultural to R-1 and Lots 1 to 7, Block 1, to
R-2. All voted in favor. Wachter then moved, Egan seconded a motion to
4
0 0`7
approve the preliminary plat showing alternate 2 and access to Dodd Road and
subject to the following conditions:
1. Plat shall be subject to Dakota County Plat Commission's review and
comments because the plat abuts Cliff Road.
2. A 75-foot half right-of-way shall be dedicated for Cliff Road.
3. Park dedication requirements of the City shall be complied with.
4. Vacation of the old Dodd Road alignment must be completed prior to
final plat approval.
5. Excess triangular boulevard right-of-way adjacent to the northwest
corner of this plat shall be incorporated in the final plat of Overhill Farm
Addition.
6. All required grading in conjunction with public right-of-way shall be
completed to insure maximum slopes of 2:1 outside of the public right-of-way.
7. Trunk sanitary sewer must be ordered for construction through this
plat prior to final plat approval.
8. Storm sewer outlet for Pond LP-28 to Hay Lake (LP-31) must be ordered
for construction prior to final plat approval.
9. Sufficient drainage and utility easements must be provided for to
propagate the existing drainage adjacent to Cliff Road and for the previously
referenced sanitary sewer and storm sewer extensions.
10. An effective erosion control plan shall be submitted and approved by
the City prior to final plat approval.
11. All existing and future special assessments shall be agreed upon
according to City requirements.
There was then discussion concerning the need to vacate the old right of
way of Dodd Road. Egan moved, Wachter seconded a motion to authorize the
initiation of this procedure to vacate a portion of Dodd Road adjacent to
Overhill Farm Addition at the north end of the addition with the understanding
that the Developer of Overhill Farm Addition will pay the expense of the
vacation and further, that the surveying be done in conjunction with prepara-
tion of the plat by the surveyor for the developer. All voted in favor. R 81-8
LEGAL NEWSPAPER FOR THE CITY D 81-4
The Council again discussed the designation of a legal newspaper for 1981
for the City of Eagan. It was noted by an opinion from the City Attorney that
a legal newspaper must have been in circulation in the City for at least one
year and have 500 copies regularly distributed without charge or a certain
number of subscribers. Noting the Chronicle would not qualify under all
requirements, Parranto moved, Egan seconded the motion, to approve the Dakota
County Tribune as the legal newspaper for 1981 for the City. All voted in
favor.
5
0 O 5
WARNING SIRENS BID AWARD
Mr. Doug Reid, the Fire Marshal and Civil Defense Director appeared and
discussed with the Council the bids received including that from the low
bidder in the sum of $35,996 from FIREAP as the low bidder. There was discus-
sion concerning the source of funding for the warning sirens. Mr. Reid recom-
mended approval of the low bid noting that the sirens, if accepted, would be
installed within 120 days after signing the contract between Eagan and FIREAP
which would be in time for most of the severe weather season. There was
discussion concerning possible location of the sirens and the need for a
hearing to determine the exact location. Mr. and Mrs. Darrel Haines were
present with concerns about the location of a warning siren at Fire Station
#1. Wachter moved, Smith seconded a motion to approve the purchase of four
sirens at the low bid of $35,996 with FIREAP under the Joint Venture bidding
with several other cities; further, that a hearing be scheduled on March 3,
1980, at the City Hall as to the location for the four warning sirens. All
voted in favor.
MUSICAL EATERIES CONDITIONAL USE PERMITS
The application of Musical Eateries, Inc., for conditional use permit for
restaurant with on-sale liquor and recreation at 3994 Cedarvale Drive con-
sisting of the former Cedarvale Theater was next considered. Attorney Gary
Levinson and Peter Krzyaniak, the owner, appeared on behalf of the applicant.
The APC recommended approval on a 3-2 vote subject to certain conditions. It
was noted the maximum capacity would be 680 persons with the heaviest traffic
from 9:30 to 10:30 p.m. There was considerable discussion concerning alleged
violations and problems that had resulted around the Cisco's location in
Burnsville including the numbers of complaints that were lodged with the
Burnsville Police Department. A memorandum from City Planner Runkle dated
February 2, 1981, attempted to answer questions of Planning Commission mem-
bers. A number of retail merchants in the Cedarvale Shopping Center appeared
and generally opposed the application. A petition signed by a number of the
Cedarvale merchants was also submitted and Mr. Al Hochsprung, the Coast to
Coast store owner, indicated that he did not authorize the signature on behalf
of Coast to Coast favoring the petition and objected to the use of the Coast
to Coast name. Other persons present indicated that there was confusion as to
the representation about the nature of the restaurant. Michelle Doroshow of
ABC Kiddie Shop appeared and objected to the application and indicated that
she had received a letter from the Storkville owner stating that no Storkville
employee had signed the petition. After discussion, Councilmember Egan stated
that the petition did not represent the wishes of a number of the people on
the petition and objected to its introduction. John Marshall, the manager of
the Ben Franklin Store, stated that he had signed the petition after receiving
misinformation and asked that his name be withdrawn. Egan them moved, Wachter
seconded the motion that the petition be rejected as not representative of the
attitudes of the merchants in Cedarvale Shopping Center as to this applica-
tion. All voted in favor. Mr. Levinson stated that the owner would withdraw
the petition.
Mayor Blomquist asked whether the kitchen area facility would be large
enough to accomodate the patrons to provide for 40% of the gross sales in food
and stated that it was her opinion that the kitchen was too small for that
purpose. There was a discussion concerning the need for outside and inside
security guards and Mr. Levinson stated that the owners will do whatever is
6
01029
necessary for security purposes required by the City. The Council then dis-
cussed the parking and the attorney, Mr. William Foster, for the shopping
center owners, stated that there is no valid easement for sufficient parking
within the Cedarvale Shopping Center complex for the proposed restaurant
location. Also there were questions about access easements to the restaurant
area and Mr. Foster stated that cancellation will be forwarded to the former
owner by the end of the current week concerning the parking easement. Mr.
Levinson stated that if parking is not available, there is no desire by
Musical Eateries to open the facility and he had not seen the recorded ease-
ment. Parranto then moved, Smith seconded a motion to table the application
indefinitely until the parking lot easement issues are satisfied adequately to
the staff's satisfaction and in the event that such is achieved that a new
public hearing be scheduled and the matter be reconsidered by the City
Council. All voted in favor. In addition, telephone calls to Councilmembers
from two surrounding residents objecting to the application were mentioned by
the Mayor.
BARREL RECONDITIONING VARIANCE AND CONDITIONAL USE PERMIT
The application of Barrel Reconditioning, Inc., for variance from front
setback requirements, asphalt surfacing for a parking lot and a conditional
use permit to allow outside storage was next considered by the Council. There
were no persons present for the applicant. Egan moved, Smith seconded the
motion to continue the application for lack of appearance noting the import-
ance of the application. All voted yes.
YANKEE SQUARE OFFICE NO. I FINAL RESOLUTION
The final resolution for tax exempt financing for Yankee Square Office
No. I in the sum of $950,000 was next presented to the Council. The resolu-
tion authorized the commercial development revenue note and all documents had
been submitted and reviewed by staff. Mr. Martin Colon was present and indi-
cated that 100% of the building has been leased. There was no objection to
the resolution. Smith moved, Parranto seconded the motion, all voted in
favor, to approve the final resolution and authorize its execution. SEE BOND FILE
IMPROVEMENT #80-21 BLACKHAWK LAKE OUTLET
Paul Hauge, the City Attorney, reviewed with the City Council the up-to-
date negotiations with property owners on the Blackhawk Lake outlet and indi-
cated five easements are required for the project. Two easements from
Hillcrest Development and Herbert Bergstrom have been acquired and consent to
enter from John Pomroy has also been delivered to the City. Two property
owners including Mr. and Mrs. Ross Kramer and Mr. and Mrs. Cy'Barry have not
granted easements and there was considerable discussion concerning those
easements. The Council discussed proposals for settling the easement issues
and noted the demands of the property owners. After considerable discussion,
Parranto moved, Smith seconded the motion to authorize the City Attorney and
City Public Works Director to continue negotiations with the understanding
that the storm sewer will cross the Kramer property. All voted yes. The
Council determined not to take any action on approval of the final plans and
advertising for bids.
7
J730
LIQUOR LICENSE POLICY
The Council next considered a proposed draft of revisions to the Liquor
License Policy including the authorization of four off-sale liquor licenses
with two in the western area of the City, one in the general northeastern area
and one in the general south central area of the City. It was noted that all
licenses have been issued. In addition, the number of on-sale licenses al-
lowed would be increased from 11 to 12 with $200,000 investment in building or
portion of building for on-sale liquor license. Egan moved, Smith seconded a
motion to approve the policies as amended. All voted in favor. D 81-5
EQUIPMENT CERTIFICATE RESOLUTION
A bid was submitted by First Minnehaha National Bank of Eagan for Equip-
ment Certificates for 1981. No bid was submitted by Mid-America National Bank
of Eagan. Parranto moved, Wachter seconded the motion to accept the bid of
First Minnehaha National Bank. All voted in favor.
DENNIS MCCARTHY WESCOTT ROAD APPRAISAL
The City Attorney submitted an appraisal done by the City's appraiser,
Thomas Metzen, for the Wescott Road right-of-way west of Lexington Avenue.
Mr. Parranto indicated that although it appeared to be fairly high, he would
move to recommend acceptance of the appraisal and offer the appraised amount
to the property owner. Egan seconded the motion, all voted yes.
EAGAN CHRONICLE NEWS UPDATE
Mr. Hedges explained a contact from the editor of The Chronicle newspaper
requesting whether the City would be interested in placing an approximately
monthly "Eagan City Desk News Update" from the City in the Chronicle. The
cost of the ad was discussed and the matter was referred to the Community
Development and Public Relations Committee for further study and recommenda-
tion.
EAGANDALE CLUB ON-SALE LIQUOR LICENSE
Mr. Hedges stated that a contact had been made by the former manager,
Mackie Cody, of the Eagandale Raquet Club indicating that she was no longer
employed by the club and that a request was directed to the Council as to the
status of the liquor license application. It was noted that without a
licensee, that the City had some possible liability exposure and there was
concern about liability claims. There was no appearance on behalf of the
licensee. After discussion, Smith moved, Egan seconded a motion, to temp-
orarily suspend the liquor license until an application had been submitted and
approved by the City Council, which could be heard at a special meeting on
February 12, 1981. All voted in favor.
EAGAN TAX EXEMPT FINANCING BOND
Councilmember Parranto requested further information as to why Banco is
reserving funds from the tax exempt mortgage project for condominiums where
the intent of the Council was that it not be necessary to withhold funds when
all other funds have been distributed. The Administrator was requested to
contact Banco and respond to the Council.
8
0031
COMPREHENSIVE PLAN UPDATE
There was concern by Councilmembers about wording on the Comprehensive
Land Use Map and Comprehensive Plan regarding Land Use designation as it
relates to zoning. Parranto had submitted proposed wording and the staff will
revise the wording in coordination with the Council.
EAGAN FOURTH OF JULY CELEBRATION
A request from the coordinators for the Eagan Fourth of July Celebration
asking that the location be moved from Cedar Pond Park to Rahn Park and the
need for electrical power was discussed. The Park Committee was asked to
review the revised location and in particular the conditions of the ballfield
following the Fourth of July celebration.
CABLE TV COMMITTEE
Ron Johanson has resigned as a member of the Cable TV Committe and Smith
moved, Parranto seconded the motion, to appoint Charles Schults to the commit-
tee with the administrator to contacted Mr. Schults concerning the appoint-
ment. All voted yes.
VOUCHERS
Wachter moved, Egan seconded the motion to approve the following
vouchers: 034101-034909. All voted in favor.
ADJOURNMENT
Egan moved, Wachter seconded the motion, all voted yea to adjourn at
11:10 P.M.
PHH
City C1`rk
9