07/10/1978 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 10, 1978
A regular meeting of the Eagan City Council was held on July 10, 1978, at
6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Smith and
Wachter. Councilman Egan was absent. Also present were: City Engineer Rosene,
City Clerk Bolke, City Administrator Hedges and City Attorney Hauge.
AGENDA. After the Pledge of Allegiance, Smith moved and Wachter seconded -
a motion to approve the agenda. All voted in favor.
MINUTES. Upon motion by Wachter, seconded by Parranto, all members voting
yes, the minutes of the June 20, 1978, meeting were approved with the exception
that on page 2 the CETA person was a short term employee rather than short term
position, and on page 11 Project #186, the motion should include the approval of
the agreement between MN/DOT and the City of Eagan.
DNR PERMIT HEARING. Mr. MacClay Hyde, special counsel for the City of Eagan,
appeared and reviewed with the Council the progress in the DNR permit hearing
continuing into the week of July 10th. He stated that 18 witnesses had been
heard and it is expected there will be about 10 additional witnesses, with Hearing
Examiner Myron Greenberg stating that the hearings will be completed during the
week of July 10th. A MN/DOT witness has stated that selection of the A-2 alter-
nate route for 135E could result in a minimum of 14-18 months to a maximum of
three years delay in construction of 135E.
POLICE DEPARTMENT. Chief Des Lauriers and Mr. Daniel Mabley from the Dakota
County Attorney's office appeared and reviewed the Economic Crime Unit Agreement
intended to be entered into between Dakota County and the City of Eagan covering
a 22 month federal program whereby Dakota County will reimburse each city in the
county involved in the agreement for up to 4 hours per week for a police depart-
ment investigator in economic crime. After discussion, Smith moved and Parranto
seconded a motion, all members voted yes, to approve the agreement.
NATIONAL POLICE DOG TRIALS. Chief Des Lauriers recommended that George
Kasat and his dog, Joe, be authorized to attend the national police dog trials in
Washington, D.C. at a total cost to the City of $578. It was noted Mr. Kasat has
qualified at the state meet. Wachter moved, Parranto seconded a motion, all
members voted yes, to approve the expenditure for Mr. Kasat.
GAMBLING ORDINANCE. Chief Des Lauriers recommended that the City Council
consider adopting a gambling ordinance and the Police Chief and City Attorney
were requested to summarize the alternatives and to report to the Council.
PARK COMMITTEE . Barbara Schmidt appeared.
1. Bicycle Facilities Conference. City Administrator Hedges recommended
that the Council authorize Barbara Schmidt to attend the seminar on planning,
design and implementation of bicycle and pedestrian facilities from July 19th to
21st in Chicago, Illinois, with a cost of $238 for registration and air fare and
that the Council authorize $110 for miscellaneous expenses. Wachter moved, Smith
seconded a motion, all members voted yes, to approve the recommendation.
2. Aerator Purchase. Barbara Schmidt recommended the purchase of a used
aerator in the sum of $1,200. Smith moved, Parranto seconded the motion, all
members voted yes, to approve the recommendation.
3. Thomas Lake Survey. Mrs. Schmidt stated that she had received two
quotes with the low quote of Dwyer & Associates to survey the South line of
Thomas Lake Park for approximately $600-$700. Wachter moved, Smith seconded,
all voted yes, to approve the expenditure.
4. Pilot Knob Park Tennis Court Change Order. Upon motion by Parranto,
seconded Wachter, all members voting yes, the recommendation of the Park Director
for installation of tennis court gate and baffle as a change order for the park
project at Pilot Knob Park in the sum of $525 was approved.
5. State Planning Agency. Mrs. Schmidt stated the City has received a
contract from the State Planning Agency for $40,000, the federal portion of the
funding for the Rahn-Thomas highline trail. $32,000 is expected to be received
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from the state at a later time. The two contracts would represent 90% funding
or $72,000 with $8,000 to be paid by the City from park bond funds. Smith moved,
Parranto seconded a motion, all members voted in favor, to approve the State
Planning Agency contract.
6. Tennis Court Grant. The Park Director recommended to the Council the
approval of the grant from the State Planning Agency for $14,500 for Rahn Park
tennis courts, with the City's share of $14,500 and that an additional $8,250
for lighting and $4,500 administrative be approved by the City Council. Smith
moved to enter into the agreement and to attempt to acquire matching funds in
addition to the lighting on the four tennis courts, with the estimated cost of
the Eagan share of $27,250. Wachter seconded, all members voted yes.
7. Pilot Knob Road Bicycle Trail. Mrs. Schmidt received a final approval
letter from MN/DOT for a grant covering 75% of the funding for Pilot Knob trail
and submitted a sample resolution for Council review. Approximately $5,000 will
be paid by the City. Parranto moved, Smith seconded, all members voted yea, to
approve the resolution to authorize payment from Dakota County road and bridge
funds to pay the excess above the MN/DOT grant.
8. Oak Pond Hills 2nd Addition Park. A request from the Park Committee
that the Council delay its motion concerning the sale of Outlot B in Oak Pond
Hills 2nd Addition was discussed. City Attorney Hauge stated a quit Claim Deed
for 5 acres of land as a part of the Planned Development for Lexington South was
requested by the developers to be executed by the City of Eagan running to
Lexington South. The Park Committee had agreed to negotiate for the transfer of
the 5 acres. No action was taken and a report will be submitted by the Park
Director at the next meeting.
DAVID PETERSON STORM SEWER. Mr. David Peterson of 1300 East Balsam Trail
appeared and expressed his concern about the lake level of Carlson Lake threaten-
ing his residence. Parranto moved and Wachter seconded a motion that the Public
Works Department be given authorization to pump Carlson Lake. All members voted
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yes. Parranto further moved, Smith seconded a motion, that the Engineer prepare
plans and specifications for a pump, that the DNR be requested to implement its
procedures for setting a lake level for Carlson Lake and further, that the
Engineer be authorized to prepare a feasibility report covering storm sewer im-
provements in the area of Carlson Lake to be heard before the City Council on
August 15, 1978, at 7 p.m. at the City Hall. Smith seconded, all members voted
yes.
STEVEN BAKKE, 4070 OLIVINE DRIVE. Mr. and Mrs. Steven Bakke appeared re-
garding their request that sewer and water charges be reduced which appeared to
be caused by improper water softening equipment defect was next heard. It was
noted that the ?MCC had billed the normal charge to the City. Smith moved to
reduce the charges based on the cost to the City of Eagan for the water and
sewer bill. Wachter seconded the motion and all members voted in favor.
GARY LARSON..1354 COSMOS LANE. Mr. Gary Larson appeared and requested an
8 foot variance from a 35 foot requirement for front yard setback to install a
garage attached to his residence in order to relieve the water drainage problem.
There was concern by Council members whether the water problem -would be resolved.
Wachter moved to approve the garage setback with Swale or berm and that the
Building Inspector be instructed to review the plan and installation of the berm
or swale with the understanding that the variance would not be granted as a
precedent, but in order to relieve a water hardship. Parranto seconded, all
members voted yes.
CAMERON DEVELOPMENT COMPANY PRELIMINARY PLAT. Mr. Howard Dahlgren and Mr.
Grekoff, the developer, appeared regarding the application of Cameron Development
Company for preliminary plat approval of Cameron Court on Donald Avenue in Sec-
tion 9. Mr. Dahlgren showed a revised plat on approximately 5 acres, including
32 units on a cul-de-sac. The proposed minimum setback would be 20 feet from
the right-of-way. There was discussion concerning a proposed 1 acre tot lot,
but because of opposition from neighbors and staff, the separate tot lot dedi-
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cation to the City was no longer requested by the developer. The staff suggested
a possible trail to the Northeast corner of the parcel to be approved according
to City recommendations. Mr. Raymond Faricy, attorney from St. Paul, appeared on
behalf of Mr. and Mrs. Tom Guigere in opposition to the application. There were
several other neighbors who appeardd in ppposition on the basis of traffic, con-
cern about association maintenance of the common property, etc. After consider-
able discussion, Wachter moved to continue the consideration of the application
to the next meeting to acquire the police and fire reports which had not been
submitted according to Council request. Smith seconded. Those in favor were:
Wachter, Murphy and Smith. No: Parranto. It was noted there had been a meeting
of neighboring residents and most did not appear to oppose the proposal. The
City Attorney and City Engineer were requested to contact the owner and developer
of Bunker Hills to inquire about acquiring access from the Bunker Hills develop-
ment as laid out in the 1969 plan for Bunker Hills through the subject property.
WILLIAM ABEL KENNEL CONDITIONAL USE PERMIT. Mr. William Abel appeared on
behalf of his application for conditional use permit for kennel at 3506 Lexington
Avenue. The APC recommended approval. Wachter moved, Smith seconded a motion,
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all members voted in favor, to approve the application subject to the recommenda-
tions of the Advisory Planning Commission.
AMERICAN FRUIT & PRODUCE COMPANY. Mr. Robert Newton appeared on behalf of
American Fruit & Produce company's request that a twin-trailer access route be
allowed from the American Fruit plant :Li Eagandale Center Industrial Park to
Trunk Highway #55, which is an approved twin-trailer route by MN/DOT. Mr. Newton
indicated that a double bottom trailer is needed to meet competition, fuel
savings, etc. Smith moved, Wachter seconded a motion, all members voted in favor,
to approve the request.
BURTON HOOVESTAL INDUSTRIAL REVENUE BOND. Mr. Wayne Hoovestal and Mr. Dave
Frederickson of Miller & Schroeder appeared regarding the Hoovestal request for
industrial revenue bonds for truck-tractor service facility plus trailer service
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facility on Lots 1, 2 and 3, Block 2, Eagandale Center Industrial Park. The
total amount of revenue bonds requested is $600,000. Mark Parranto, on behalf
of the Finance Committee, indicated that the committee did not feel it had suf-
ficient financial information regarding the Hoovestals, including future projec-
tions for the use of the property. Mr. Warren Hart, attorney, appeared for the
Hoovestals. After discussion, the Council determined to hold the matter over
for additional information to be submitted.
EAGANDALE CENTER LOOP ROAD AND HOOVESTAL CONDITIONAL USE PERMIT. Mr. Con
Stordahl appeared regarding the application of Mr. Burton Hoovestal and Thriftway
Leasing Company for conditional use permit for truck service and open storage on
Lot 1, Block 2, Eagandale Industrial Park 4th Addition. The APC recommended
approval, subject to certain condttions. City Engineer Rosene explained the pro-
posed loop road through Eagandale Center Industrial Park originally proposed by
MN/DOT. Mr. Rosene stated that MN/DOT now has indicated that recent traffic
projections are not high enough to justify a ring road and in addition, Rauenhorst
Corporation has stated that it is not receptive if the road cannot connect
directly with 135E, which it appears would not be possible according to MN/DOT.
On this basis, the Engineer recommended removal of the loop road from the major
street plan. Wachter moved, Murphy seconded a motion, to eliminate the loop ring
road through the Industrial Park from the Eagan major street plan for the reasons
mentioned above. All members voted yes. Wachter then moved and Smith seconded
a motion, to approve the conditional use permit according to the recommendations
of the APC. All members voted in favor.
WEST PUBLISHING COMPANY PRELIMINARY PLAT AND REZONING. Mr. Ed Ryberg of
Rauenhorst Corporation and John•Nassef of West Publishing Company appeared on
behalf of the application of West Publishing Company to rezone from A-Agricultural
to I-1, Limited Industrial 3 acres and preliminary plat approval of West Publish-
ing Company 2nd Addition consisting of approximately 80 acres involving one lot.
After discussion, Smith moved, Parranto seconded a motion, all members voted in
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favor, to approve the rezoning. Parranto moved and Wachter seconded a motion,
all members voted in favor, to approve the preliminary plat.
BERRY RIDGE ADDITION. Mr. Bruce Patterson, Mr. Grosz and Mr. Lehman
appeared regarding the application of. Mr. Grosz and Mr. Lehman for approval of
the preliminary plat of Berry Ridge Addition East of and adjacent to Pilot Knob
Road. There was discussion concerning the proposed private road and the open
space in the development, and in addition, there was discussion relating to the
common ownership of the open land, including the open lot to the North. Parranto
moved and Smith seconded a motion to approve the preliminary plat subject to the
recommendation of the Advisory Planning Commission; that the drainage easement
be acquired to the pond to the East; and further, that a guard rail device be
installed along the North side of Berry Ridge Road because of the steepness
Northerly towards the proposed buildings. All members voted in favor.
MID AMERICA NATIONAL BANK DETACHED FACILITY. Mr. Richard Stevenson and
Charles Wahlberg, architect, appeared regarding the application of Mid America
National Bank of Eagan for conditional use permit for drive-in bank and setback
variances in Yankee Square Shopping Center. The APC recommended approval with
conditions. There was discussion concerning the small size of the parcel and
potential traffic problems through the Super America station's site. After dis-
cussion, Parranto moved, Wachter seconding the motion, it was RESOLVED to approve
the application for conditional use permit and variance according to the condi-
tions of the Planning Commission, except that the variance on 81st Street would
be granted at the present time. Those in favor were: Wachter, Murphy and
Parranto. No: Smith.
MALLARD PARK 19T ADDITION REOONING AND PRELIMINARY PLAT. Mr. Sidney Johnson
appeared as the applicant to rezone from R-4, Residential Multiple to R-2, Resi-
dential Double, Mallard Park 1st Addition and preliminary plat approval of revised
Mallard Park lst Addition. The dedication of park land was reviewed by the City
Attorney who indicated that the dedication is not complete at the present time.
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The Council also reviewed a letter from Mr. Tom Willmus to Mr. Johnson where Mr.
Willmus indicated that as fee owner he had not approved the rezoning at the
present time. The ordinance requires the fee owner to sign the application for
rezoning. No action was taken.
PARK CLIFF ADDITION REZONING AND PRELIMINARY PLAT. Mr. Richard Winkler and
Bill Dolan, architect, appeared on behalf of the application of Mr. Winkler to
rezone from Agricultural to R-1, Residential Single and preliminary plat approval
of Park Cliff Addition with variances in the NW's of NE114 of Section 34, South of
Cliff Road. The APC recommended approval with conditions. Sixty-five lots
would be included on the 37 acres. There was considerable discussion as to
whether Mrs. Olson's exception could be used for access to Cliff Road directly
across from Oak Chase Road. The Council recommended looking into other choices
for a second access to Cliff Road. The City Engineer recommended that ponding
easements be provided and that over--flow from major ponds be agreed upon by
Dakota County and further, that two trail easements be provided. Parranto moved
to recommend approval of the plat subject to the recommendations of the Advisory
Planning Commission, except that the cul-de-sac at paragraph 6 on Park View Court
be eliminated with access directly to Cliff Road for a second access to the sub-
division to be approved by the City; further, subject to the Engineer's'determina-
tion as to buildability of each lot° that all ponding easements and drainage
way easements be acquired. Smith seconded, all members voted in favor.
ROAD MACHINERY & SUPPLY COMPANY CONDITIONAL USE PERMIT. Mr. Michael Sill,
president of Road Machinery & Supply, appeared for conditional use permit for
outside storage of utility equipment on part of the NE/ of Section 19 East of
Cedar Avenue and adjacent to Silver Bell Road. The 6 acre development would
include 3 acres for Road Machinery with a 24,000 square foot building. There
would be berm and plantings along Silver Bell Road. There was concern about
drainage from the site. It was noted that Road Machinery must apply for pre-
liminary plat and variance from setback from the residential area to the North.
No action was taken. -3•-
GEORGE BECKER SPECIAL PERMIT FOR GROUP FOSTER FAMILY HOME. Mr. George
Becker and a representative of Wilder Agency appeared on behalf of Mr. Becker's
application for special permit under Ordinance #52 for a group foster family home
at 3890 Lexington Avenue. At the present time there are seven children and even-
tually there will be ten. The APC recommended approval with conditiions. Wachter
moved, Smith seconded a motion, all members voted in favor, to approve subject to
the recommendations of the APC.
HIGH-SITE PLAN REVIEW. Mr. Larry Erdos. the property manager of High-Site
appeared for plan review approval for High-Site development. It was noted that
current development plan exceeds the three year limitation under Ordinance #52.
Five additional apartment buildings are proposed for the site with 288 dwelling
units and 721 parking spaces. There was concern about the development around
the pond area adjacent to Pilot Knob Road. Parranto moved to aporove the devel-
opment plan and that platting be required for the entire parcel before any further
approval by the City and further subject, however, to the Advisory Planning
Commission recommendations. Wachter seconded the motion, all members voted yes.
GENERAL LIABILITY INSURANCE, WORKMAN'S COMPENSATION INSURANCE. Mr. Bruce
Medvec of Valley View, Inc. appeared with a proposal for Workman's Compensation -
General Liability insurance for the City. Mr. Medvec stated the only bid that
was acquired for such insurance came from Home Insurance Company, the present
carrier. The 3 year policy would be subject to annual rate increases. There
was discussion concerning acquiring additional quotes on deductible for auto
coverage, including comprehensive and collision, and Mr. Medvec was requested to
acquire additional quotes for the next Council meeting. No action was taken.
ORDINANCE #52. The City Attorney presented the proposed amendment to
Ordinance #52 dealing with pyramid zoning for residential classes. The APC
recommended approval. It was noted that Estate zoning does not need to be in-
cluded, nor does Planned Development in the amendment. Parranto moved, Smith
seconded a motion, all members voted in favor, to approve the amendment to
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Ordinance #52 and order its publication.
SERVICE STATION PERMIT RENEWALS. The following service station permit renew-
als were submitted for approval for an additional year:
1) George Huber's Standard Service, 3206 Sibley Memorial Highway;
2) Mendota Skelly Oil Co., E. W. Niewald, 3150 Dodd Road;
3) Standard Service Station, Cedar Avenue So. & Hwy. 13;
4) Cedarvale Texaco, 3946 Cedar Avenue South;
5) K. W. McKee, Inc., 2785 Highway 55;
6) Q Petroleum, 4206 Cedar Avenue South;
7) Stdndard Oil, 4205 Cedar Avenue South;
8) Wayne's Auto Care Center, 4195 Cedar Avenue South.
Wachter moved, Parranto seconded a motion, all members voted in favor to approve
the service station renewals with the exception of Cedarvale Texaco to review
the former approval for U-Haul storage.
JERRY THOMAS CONDITIONAL USE PERMIT. The application of Jerry and Carol
Thomas, 1810 County Road #30, for conditional use permit for horse ranch was next
reviewed. Wachter moved, Murphy seconded a motion, all members voted in favor,
to approve the extension of the conditional use permit for one additional year.
R. L. JOHNSON DEVELOPMENT AGREEMENT. The Development Agreement for R. L.
Johnson 1st Addition was submitted and recommended for approval. Parranto moved
and Wachter seconded a motion to approve and order the execution of the agreement.
All members voted yes.
R. L. JOHNSON - ALEXANDRR.'.&OAD CONSTRUCTION. A petition from R. L. Johnson
that the City of Eagan prepare a feasibility report and proceed with the construc-
tion of Alexander Road with all assessments to be levied against R. L. Johnson Co.
property was next presented. Smith moved, Wachter seconded a motion, all members
voted yes, to accept the petition to authorize the Engineer to prepare a feasi-
bility report, concerning the construction of Alexander Road.
STAN JOHNSON LEASE AGREEMENT. A lease agr&r.-.eiit_ ~'eF ee~s the City of Eagan
and Stan Johnson covering the Hollis Orr property was presented to the Council.
Smith moved, Parranto seconded a motion, all members voted yes, to approve the
lease for one year at $300 per month.
PROJECT #216 - MALLARD PARK ADDITIONS. The Council again considered the
award of the low bid for Project #216 consisting of Mallard Park 2nd and 3rd
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Additions and Mallard Park 1st Addition street improvements. The Council again
took no action because the developer had not indicated affirmatively to the
Council the intended use of the 2nd and 3rd Additions.
PROJECT #231A - STREET IMPROVEMENTS. The Engineer recommended approval of
the low bid of McNamara-Vivant Contracting Company as the low bidder covering
Project #231A according to the list of bids submitted to the City in the sum of
$101,273.50. Wachter moved, Parranto seconded a motion, all members voted yes,
to approve the low bid and award the contract.
1978 SEAL COAT PROJECT. The Engineer recommended the low bid of Madsen
Specialities Company of Fargo, North Dakota, in the sum of $21,735.20 for street
seal coating for 1978. Smith moved, Parranto seconded the motion, with all mem-
bers voting yea, to approve the bid of Madsen Specialties Company.
PUBLIC WORKS REPORT. The report of the Public Works Committee will be pre-
sented at the next meeting.
PUMP HOUSE NO. 5. The City Engineer recommended that no action be taken
regarding Pump House No. 5 until further information is received.
EXECUTION OF IMPROVEMENT CONTRACTS. Upon motion by Smith, seconded Wachter,
all members voting in favor, it was RESOLVED that the following three contracts
be approved and ordered executed:
a) Project #229 - Bicycle Trail on Pilot Knob Road, Minnesota-Valley
Surfacing Company;
b) Project #214 - Sibley Terminal storm sewer, Parrott Construction, Inc.;
c) Project #227A - Miscellaneous project improvements, Parrott Construction,
Inc.
WILDERNESS 'PARK 2nd ADDITION ASSESSMENT HEARING. The recommendation of the
City Clerk was that an assessment hearing be scheduled for Wilderness Park 2nd
Addition for August 15, 1978. Smith moved, Parranto seconded the motion, all
members voted in favor, to schedule an assessment hearing for August 15, 1978,
at 7 p.m. at the City Hall covering the above improvements.
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PROJECT #227A - MN/DOT RESOLUTION. A resolution was submitted by City Admin-
istrator Hedges covering Project #227A authorizing the City to enter into an
agreement with MN/DOT. Wachter moved, Parranto seconded a motion, all members
voted yes, to approve the resolution.
NSP - WILDERNESS RUN ROAD RELOCATION. An agreement with Northern States
Power Co. whereby the City of Eagan would pay the cost for the relocation of
transmission facilities on Wilderness Run Road was submitted and recommended for
approval by the City Administrator. Smith moved, Parranto seconded a motion,
all voted in favor, to approve the contract.
VOUCHERS. Parranto moved, Murphy seconded the motion, all members voted in
favor, to approve the payment of the following vouchers:
456 464: 6453 6559?, 9717 - 9811.
ADJOURNMENT. Upon motion made and seconded, the meeting adjourned at
2:05 a.m.
PHH
DATED: July 10, 1978
City Clerk
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