10/03/1978 - City Council Regular
11INUTES OF THE REO'ULAK IEETIRhG OF THE EAGAN CITY COUNCIL
EARN, UNfiESOTA
OCTOBER 3, 1978
A regular meeting of the Eagan City Council was held or. October 3, 1978, at
6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Egan, Smith and
Wachter. Also present were: City Adminio trator Hedges, City Clerk Bolke, City
Engineer Rosene and City Attorney Hauge.
AGENDA. After the pledge of allegiance, Egan moved and Wachter seconded the
motion, all members voted in favor to reschedule the public hearing on Project #235
Part 2, consisting of Lenore Lane sewer and water improvements until October 17,
1978, and to approve the agenda as distributed with the exception that the B & K
Properties preliminary plat application and James Refrigeration Company conditional
use permit and plan approval application were continued to the next meeting.
MINUTES. Upon motion by Smith an-4 seconded by Parranto, all members voting yes,
it was Resolved that the minutes of the August 23, 1978, meeting with the exception
of that on Page 9, it was understood that MidAmerica Bank will not request a pylon
sign at Yankee Square Shopping Center.
1978 G. 0. BOND ISSUE. Mrs. Phyllis Slattery of Miller and Schroeder in
Bloomington presented a proposed resolution calling for the sale of $L.95 million in
G. 0. Improvement Bonds by the City of Eagan in 1978. Smith moved and Parranto
seconded the motion, all members voted in favor, to schedule the sale for November
2, 1978, at 12.a.m. and the Clerk be authorized to advertise for bids to be opened
at that time for the bonds.
POLICE DEPARTMENT. Chief DesLauriers was present.
1. Damaged Squad Car. Mr. DesLauriers submitted 3 quotes for the purchase of
the damaged squad car and recommended the high quote of Phil's Auto Body in the sum
of $856. Egan moved and WachtV,, seconded the motion, all members voted in favor,
to approve the sale as recommended.
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October 3, 1978
2. New Squad Car. Mr. DesLauriers submitted the bids from four dealers for
two standard engine squad cars. He recommended, however, that one deisel Oldsmobile
Delta 88 be purchased and n:ted that it was the only domestic manrfact.irer of a
deisel engine automobile. Two quotes for the Oldsmobile came from Joe Grae'e'e o:
in Apple Valley and Royal Oldsmobile in St. Paul. After discussion, Egan moved and
Wachter seconded the motior.to purchase one deisel engine Delta 88 Oldsmobile from
Joe Graeve°s Motors in the sum of $6,774.65. All members voted yes. Smith moved
and Parranto seconded the motion to resolicit bids for one gas powered squad car
for the Police Department without police package. All members voted yes.
UTILITY DEPARTIJ". Wachter moved and Smith seconded the motion, all membe:03
voted yes to recommend that a four way stop be installed at Rahn Road and County
Road #30 to be in effect during the zoo detour.
COACHMAN OAKS PRELIMINARY PLAT AND CONCEPT APPROVAL. Mr. Ted Yoch appeared on
behalf of Rosewood Corporation, the developer of the proposed Coachman Oaks apartment
complex on Four Oaks Road and Coachman Road in Section 9. The APC recommended
approval subject to conditions. He explained the project briefly and indicated to
the Council that an informal meeting had been held the prior week with neighboring
residents in the area. He stated that Rosewood Corporation is in agreement in
principal with the Park Committee concerning park dedication. A number of affected
neighboring residents including the President of the Timberline Association expresser
concern regarding the additional ap-Ttment cot4lexes and the impact of additional
apartments in the area. Mr. Yoch stated that subsidized unite will be scattered
thoughout the building and further stated that there would be no real estate tax
loss to the City because of the type of financing requested for the project. There
was concern about the density of development on land that had been developed and
future development South and adjacent to Timberline. After extended discussion,
Smith moved and Wachter seconded the motion, all members voting in favor, to approve
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October 3, 1978
the preliminary plat and concept approval of Coachman Oaks subject to the follewinga
1. That an agreement be signed with the City regarding park dedication East
of Coachman Road before the final plat is approved or within 30 days from the
present date, whichever is sooner.
2. Further subject, however, to the City staff being assured that the property
would be taxed 100% for real estate tax purposes and that there is no discount
because of subsidized housing.
3. That the developer will assure the City tat it will scatter the subsidizes
units through out the complex acco riing to Dakota County HRA recommendations.
4. That a maximum of 21% of the units would be subsized units within the
complex.
5. Further subject to all of the recommendations of the Adv::s-:ry Planning
Commission.
FEDERAL REVENUE SHARING HEARING. Mayor Murphy convened the public hearing
concerning the distribution of Federal Revenue Sharing funds in the City. City
Administrator Hedges stated that the allocation has been designated for the
construction of a new police department building and estimated the receipts for 1979
of $104,081. After discussion, there being no objections, Wachter moved and Egan
seconded the motion to designate the 1979 funds for the police department facility.
All members voted in favor.
PROJECT #241 - DODD ROAD AREA IMPROVEMENTS. The Mayor then convened the public
hearing regarding Project #241 consisting of utilities and street improvements in
the Saddlehorn, Lakeside Estates and Dodd Road areas. It was noted that two neighbox
hood meetings had been held in the area and the City Engineer explained the project
at each. He stated that Dodd Road is scheduled as a municipal state and street. A
large number of affected owners were present and a letter from Tom Penkauskas from
Lakeside Estates explaining the overwhelming vote in favor of the improvements in
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October 3, 1978
Lakeside Estates. There were questions from the floor and there were no objcction3
from anyone present. After considerable discussion, Smith moved and Parranto
seconded the motion, all members voted yes, to close the hearing and order the pio.je..r
fe41 in and request the City Engineer to prepare the plans and specifications.
PROJECT 4248 - PARK CLIFF ADDITION. The hearing regarding utility and street
improvements for Park Cliff Addition, Project #248, Phase 1, was next convened.
There were no objections to the project. Parra--to moved and Egan seconded the moti'~.
to close the hearing, to order in the project and authorize the Engineer to prepare
the plans and specifications. All members voted yes.
PROJECT #249 - CAMERON ADDITION IMPROVEMENTS. The next hearing regarding Projec.
#249 consisting of utilities and street improvements to Cameron Addition in Section
9, was next convened by the Mayor. There were no objections to the proposal.
Wachter moved and Smith seconded the motion, all members voted in favor, to close
the hearing, to order in the project as proposed including storm sewer and to
authorize the City Engineer to prepare the plans and specifications; further Resolved
that storm sewer trunk assessments will be assessed against the project.
PROJECT #251 - STREET LIGHTING - HEINE ADDITION. The Mayor convened the hearin;
and the City Engineer explained the street lighting proposal in Heine Addition.
There were no objections. It was recommended that plan B with wood poles be installe
in the project. Parranto moved to amend the resolution of June 6, 1978, to require
precast concrete poles and early American lanterns on all street lighting systems
in the City. Smith seconded the motion and all members voted yes. Smith then moved
and Wachter seconded the motion to order in the project sonsisting of alternate
number 2, plan A, to comply with the City requirements, all members voted in favor
and further to order the City Engineer to prepare the plans and specifications for
the project.
PROJECT #253 - MICHAEL R. SILL ADDITION IMPROVEMENTS. Mayor Murphy then conva.:-
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October 3, 1978
the public hearing regarding utility improvements to the Michael R. Sill Addition on
Cedar Avenue and Silver Bell Road. There were several affected residents preseat
and there were concerns about traffic. There were no objections to the project.
Motion was made by Egan and seconded by Smith to close the hearing, to order iii tip
project and to authorize the City Engineer to prepare the plans and specificatious.
All members voted in favor.
WILSON ROBINSON - OAKWOOD GATES PRELIMINARY PLAT. Mr. Wilson Robinson appear:--.k
on behalf of his application for preliminary plat approval of Oakwood Gates and
for variance for six undersized lots near the Northeast corner of Dodd Road and
County Road #30. It was noted that the APC recommended approval with certain
conditions. The Council members also noted that utilities had been ordered in within
the general area and strongly recommended that the development include utilities
prior to approval of the final plat. Mr. Robinson asked that he be permitted to
proceed with the plat and he then would inform the buyer of each parcel of future
potential assessments against the property for improvements. After considerable
discussion, Smith moved and Egan seconded the motion to approve the prelimina..'
plat of Oakwood Gates Addition and a variance for six undersized lots with the
understanding, however, that the name Oakwood Gates would be change because of-nave
confusion and further subject to installation of utilities in the subdivision for
reasons including the fact that utilities had been ordered into the general area,
the expected objections from future property owners that the City Council did not
order utilities when available and the future burden upon the owners at the time of
installation of utilities in the subdivided area; further subject to the applicable
recommendations of the Advisory Planning Commission. Egan seconded the motion, all
members voted in favor except Wachter who voted no. Smith then moved and Parramto
seconded the motion to authorize a preliminary report for the install:on cf the
utilities in the proposed subdivision subject to, however, a petition from the owne
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October 3, 1978
All members voted in favor except Wachter who abstained because f potential
excessive cost to the purchasers of the five acre parcels.
LY T THEILE REZONING AND WAIVER OF PLAT. Mr. Lynn Thiele appeared on behalf
of his application to rezone from Agricultural to R-l, Residential Single and waiver
Srom platting regulations for residential permit on one acre parcel South of Lemay
Lake. Mr. Thiele objected to the request of the City for a 30 foot easement lying
Nci-therly of the William Reid property. The City Engineer recommended a 20 foot
easement for future road access to the property to the East and variance for front
setback because of the abrupt drop to Lemay Lake and to save trees. Mr. Reid was
present and indicated that he understood the easement on the North side of property
was a private easement. There were questions from the Council as to the location
of the ravine and also public easement and whether the proposed access to the house
would be permitted over a private easement. Smith moved and Egan seconded the
motion to continue the consideration of the application for further information from
the staff and to resolve the issue between the affected property owners if possible.
Thca+e in favor were: Murphy, Smith and Egan. Against: Wachter and Parranto.
MIN/DOT TRAFFIC STUDY ON COUNTY ROAD #28. City Engineer Rosene stated that he
recommended the Council postpone the consideration of the traffic study report
from Min/Dot covering Lone Oak Road for two weeks so that additional information
can be acquired from the new Min/Dot Traffic Engineer. No action was taken.
CHES MAR EAST REZONING AND PRELIMINARY PLAT APPROVAL AND VARIANCE. Mr. David
Gabbert of Gabbert Development Company appeared on behalf of its application to
rezone approximately 40 acres from PD to R-1, Residential Single District and R-2
Double, preliminary plat approval and four separate variances. Mr. Gabbert
explained the proposal and the Council reviewed the recommendations of the APC for.
approval of a portion of the application. A number of affected property owners in
the general area appeared and indicated their opposition to the project on the basi<:
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October 3, 1978
of potential water run-off and the affect on lakes in the area. The City Engineer
recommended a study for storm sewer outlets to Blackhawk Lake during the wixttar of
1978 - 1979 pursuant to the APC recommendations. Councilmember Parranto moved and
Counci.lmember Smith seconded the motion to authorize the Engineer to prepare
study for storm sewer trunks from the area involved in the Ches Mar East plat to
Thomas Lake and thence to Blackhawk Lake and to return the feasibility report to
the Council for further action. All members voted in favor. Mr. Gabbert indicatc_3.
the importance of permitting excavation work in a portion of the project in 1978.
Wachter moved and Smith seconded the motion and all members voted in favor to
rezone the First and Second Additions only from PD to R-1 and R-2. All members
voted In favor. Murphy moved and Egan seconded the motion to recommend approval of
the preliminary plats of the First snd,""cond Additions of Ches Mar East with no
grading and development in the Second Addition until mid 1979 or until the Council
has implemented plans for resolving the storm sewer problem in the gere ral area
and further resolved that provision be made by dam or berm to prevent the water
from draining to adjacent ponds. All members voted yes. Smith moved and Egan
in
seconded the motion with all members voting/favor to approve the two variances
providing for 10% grade on Road E where a maximum 8% is permitted, and lot width
variances for Lots 10, 11, 12, 13, 17, 1R, 19 and 20 of Block 2, of the First
Addition to provide for 50 foot setback rather than thirty foot front setback.
S. E. ADDITION PRELIMINARY PLAT. Mr. Rollin Crawford, attorney from W. St.
Paul, and William Price appeared on behalf of S.E. Partners. The application was
for preliminary plat approval of S.E. Addition in Cedar Grove Number 2 consisting
of a one acre parcel at the Southeast corner of County Road #30 and Cedar Aver.u,e.
Mr. Crawford explained the proposal and requested approval of the plat indicating
that all requirements of the platting process have been met. A number of
owners wer;:~ present and objected to certain aspects of the proposal. Counciln6m'5er
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October 3, 1978
Pnrranto excused himself and did not vote on the issue. It was noted under Ordinan':
Mo. 52 that overall plan approval is required for approval of the plat and a7
that the tequirement be only one major building per platted lot. Questions were
r:.icad cnneerning planning of the one acre parcel inconjunction with the balance of
the 11 acres and it was noted that the City has been consistent in atteirpting to
acquire a plan for the entire parcel. There do not appear to be any changes is
the area and the City did not condoned the breakoff of the one acre parcel. the
City Attorney was requested to submit an opinion concerning the approval of the
plat. Smith moved and Wachter seconded the motion, all members voted yes to
contInue the application until the next regular meeting.
s-"SCOTT HILLS FOURTH ADDITION - RAYhIR INC. REZONING AND REPLAT. Mr. Ray
Brandt of Raymar, Inc. appeared on behalf of its application to rezone from R-B,
L-B, N-B, A, Agricultural to R-2 and R-3 and a replat of approximately of 16 acres
to Wescott Hf"is,Fourth Addition. The APC recommended approval sub hsct to condition-
Mr. Brandt explained the proposal and discussed the maintenance of the cul-de-sac
island. Councilmembers suggested that a through street be installed to Kost Road
and also indicated that Kost Road would be improved during the platting of Wescott
Hills Fourth Addition. Smith moved and Egan seconded the motion to approve the
rezoning to R-2 and R-3. There was no motion on the application for preliminary
plat approval or the variances and Councilmembers expressed an interest in acquirinc
changes in the proposed plat from the applicants.
K\CF?VTE TOOL AND SUPPLY COMF_ TY CONDITIONAL USE PERMIT - PYLON SIGN. Mr. Roy
Otto of Machine Tool and Supply Company appeared on behalf of its application for
conditional use permit for pylon sign located on Lots 4 and 5, Block 2, Eaandale
Center Industrial Park Number 4. The APC recommended approval of the pylon sign ar_:'
it was noted that a change of location had been made from the time of the applicat_r.
City Zoning Administrator Runkle recommended approval of the revvinsd site. Wachtr:-~
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October 3, 1978
moved and Parranto seconded the motion, nil nenbors voted yes to approve the
application.
L?ITNER WAIVER OF PLATTING. Mr. Michael Leitner appeared on behalf of his
application for waiver of platting requirements to allow building permit for storage
building on unplatted property in Section 8, North of Highway #13. The APC
recommended approval. It was noted that a 32 foot by 30 foot storage building
would be constructed on the site and there was no opposition from the neighlJoring
property owners. Egan moved and Smith seconded the motion, all members voted yen,
to approve the application subject to the APC recommendations.
MIR. DONUT - J.E. PARRANTO VARItIiCE APPLICATION. The application from J.E.
Parranto, Inc. for ten foot variance from setback requirements for pylon sign under
Ordinance No. 16 located at the Mr. Donut shop on Highway #13 was next reviewed.
The APC recommended approval. Smith moved and Wachter seconded the motion to
approve the application. All members voted in favor except Parranto who abstained.
MICHAEL R. SILL ADDITION GRADING PERMIT AND FINAL PLAT APPROVAL. The applicatio_
of Michael R. Sill and Road Machinery and Equipment Company for grading permit for
the Michael R. Sill Addition and final plat approval of the addition at Cedar Avenue
and Silver Bell Road was next considered. There was n o recommendations from the
staff concerning final plat and no action was taken on that application. However,
the Councilmembers suggested that the Michael R. Sill Addition name be retained.
because of the use of that name to date. Smith moved and Wac1:.Ser seconded the
motion to approve the grading permit and to continue the consideratidn of the final
plat until October 17th; all members voted yes.
G.O. BOND ISSUE PAYING AGENT. City Administrator Hedges recommended that the
Council designate First National Bank of Minneapolis as paying agent to handle the
November 1, 1977 G. 0. Bond Is-sue. Parranto moved and &-;an seconded the motion,
all members voted yea, to approve the recommendation.
October 1978
WESCOTT ROAD EASEMENTS - T40LLIS oRa '?T) ?FRTY ASSF'SSI" 'NTS . The City Ad^inir ',^t•
reviewed the purchase of the 20 acres of the Holliv Orr property adjacent to the
police facility property and indicated that the closing had taken place on the
proprty now acquired by the City. The sum of $6,548.16 in special assessments
had been resumed by the City and provision for the paymer to . ever the asee= srcrts
should be made. The City Administrator was asked to present alternatives for cover-
the assessments.
CONDITIONAL USE PERMIT RET?EWALS. Smith moved and Wachter seconded the motion,
all members voted in favor, to approve the following conditional use permits:
1. Jeanette Flogstad for Christian Child Care Center at 4300 Blackhawk Road.
2. Orvilla Homes Company at 3430 Wescott Hills Drive for retarded peoples
home.
3. Alfred Wiger for Group The*apy Home at 780 Blue Genti l Road.
MAJOR STREET FINANCING PLAN AND SEWER AND WATER UTILITY FUND INVESTMENT
RESOLUTION. Mr. Hedges submitted two resolutions prepared inconjunction with
Richard Katzenmeier, City Auditor, concerning restriction of cask and short tEC.m
investments in the utility department and consolidation of funds for ,major street
construction fund. Wac_iter moved and Egan seconded a motion with all members votir,
yes, to approve the resolution a copy which is attached restricting the cash and
short term investments in the utility department. All members voted in favor.
Smith moved and Wachter seconded the motion, all members voting yea, to approve
the resolution concerning the consolidation of funds for Aijor street construction
fund purposes, a copy of which is attached.
MA.RNEL•L FIRST ADDITION DEVELOPMENT BOND. The City Engineer recommended
release of the $1,900 development bond for Marnell First A'3ition. Wachter moved
and Egan seconded the motion, all members voted yes, to approve the recommendation
of the City Engineer.
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October 3, 1978
CARRIAGE HILLS ROAD - PROJECT 9`250. The preliminary report for Carriage Hills
Road Project #250 was submitted by the City Engineer. Egan moved and Smith seconded
the mction, all members voted yes, to acc,~:pt the preliminary report and schedule
a public hearing for November 2, 1978, at 7 p.m. at the City Hall.
CARL,SGN LAKE WATER FILTRATION WELLS. City Engineer Rosene discussed with the
Council his recommendation that it authorize the installation of a filtration well
to lower the lake level of Carlson Lake and also a well near Thomas Lake because
of the high water levels in 1978. He indicated that Tri-State Drilling Corm any had
submitted a quote as follows:
$4,082 for Carlson Lake, $4,726 for Thomas Lake, and $660 for filter for each plus
pipe. Mr. Rosene stated that PCA and Department of Health permits are required
and that meetings are proceeding to acquire the permits. No formal action was
taken.
1978 G. 0. BonD ISSUE RESOLUTION. The City Attorney submitted a request for
approval for two resolutions regarding the 1978, $1.9 million G. 0. Bond Issue as
follows:
1. A resolution amending the Council r.iiutes of May 2, 1978, covering
improvement projects #216 and #216B, Mallard Park Second and Third Additions utility
and streets and to authorize the Clerk to advertise for bids to be opened June
5, 1978, at 3 p.m. at the City Hall.
2. A resolution approving consolidating Projects #242,81st Street, in
Bicentennial Addition with Project #241A for bidding purposes.
THOMAS LAKE ROAD PROJECT #239A. City Attorney Hauge updated the Council
concerning the progress relating to Thomas Lake Road improvements. He stated that
Mr. and Mrs. James Barker commenced an action against the City of Eagan and acq uirec'
an order on September 20th in the Dakota County District Court temporarily rest raini
the City from proceeeSig with construction of the road and awarding the contract.
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October 3, 1978
The City requested an advancement in the hearing on the temporary injunction which
was held on September 26th before Judge Jerome Kluck. He issued an order dated
September 28, 1978, denying the motion for temporary injznc..ion and allowing the
City to proceed with the construction of the road. The Minnesota Environmental
Quality Board through the Minnesota Attorney General's Office, moved to intervene
on behalf of the Barkers but no action was taken on the motion for intervention.
Upon motion by Smith and seconded by Parranto, all members voted in favor, it was
Resolved thatthe contracts with McNamara-Vivant covering Project #23.7 consisting
of the Thomas Lake Road construction improvements and the contract with Parrott
Construction Company covering Project #239Aconsisting of Thomas Lake Road and
Wescott Road utility improvements be and hereby are approved and authorized
for execution by the appropriate officials.
WESCOTT BO4.D EASEMENTS. City Attorney Hauge reported concerning the progress
on the acquisition of easements along Wescott Road and stated that approximately
8 easements are required. Negotiations will continue for the acquisition of
easements.
VOUCHERS. Egan moved and Wachter seconded the motion, all members voted
yea to approve the following vouchers:
515; 7014 - 7081; 10503 - 10589.
ADJOURNMENT: Smith moved and Murphy seconded the motion, all members voted its
favor to adjourn at 1 p.m.
DATED: October 3, 1978. PHH
X-C
-7~ Ctt Clerk