07/21/1981 - City Council Regular
Off.:163
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 21, 1981
A regular meeting of the Eagan City Council was held on Tuesday, July 21,
1981 at 6:30 p.m. at the Eagan City Hall. Present were Councilmembers
Parranto, Smith, Egan and Wachter. Mayor Blomquist arrived later in the
meeting. Also present were City Engineer Rosene, City Administrator Hedges,
City Public Works Director Colbert and City Attorney Hauge.
AGENDA
Vice-Mayor Smith temporarily chaired the meeting. Egan moved, Wachter
seconded a motion to approve the agenda as distributed. All members voted
yes.
MINUTES--JULY 7, 1981
Egan moved, Parranto seconded the motion to delete wording on page five
regarding Winkler/Jackson Addition concerning townhouse or R-3 use. All voted
yes. Wachter then moved, Egan seconded the motion to approve the minutes as
corrected with a revision on page five, Silver Bell Addition, No. 3, that the
pylon sign would project no more than 24 feet above ground level and, No. 5,
that the pylon sign would not be nearer than ten feet from any property or
dividing line. All voted in favor.
PARK AND RECREATION COMMITTEE
Park and Recreation Director Ken Vraa was present.
1. The Park Committee recommended the Council authorize advertisement
for bids for approximately 50 trees for various parks in the City. Upon
motion by Wachter, seconded Egan, it was Resolved to authorize the advertise-
ment for bids to be opened on August 12, 1981, and consider the award of the
bids at the August 18, 1981 regular City Council meeting for approximately 50
trees for City parks. All voted yes.
2. Wilderness Run 4th Addition Lot 11. An offer has been received by
the Park Director from James Tilsen of Tilsen Homes offering to donate Lot 11
of Wilderness Run 4th Addition to the City for park purposes. Mr. Vraa
recommended the lot be accepted with the understanding the City will pay for
all current delinquent taxes and assessments. Parranto moved, Egan seconded
the motion, all voted in favor, to accept the recommendation and to accept the
dedication of the property.
SIENNA CORPORATION
Rod Hardy appeared on behalf of Sienna Corporation and outlined the
changes in the Dunn & Curry properties in the City. He indicated Dunn and
Company will essentially handle the Blackhawk Park property, Jim-Bar
Investment Company under James Curry will handle the Lexington South property,
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July 21, 1981
and Sienna Corporation will act as developers for various projects in the
City.
CONSENT AGENDA
The following Consent Agenda items were submitted to the Council and
recommended for approval:
1. Conditional Use Renewals. It was recommended that the conditional
use permit for Dakota County MCLL for a pro-life sign on Highway #13 be
approved and that the U-Haul Company outside storage lot conditional use
permit be approved by the Council.
2. Improvement Project #344 Winkler/Jackson 1st Addition. A feasi-
bility report for Project #344 consisting of sanitary sewer service to the
Winkler/Jackson lst Addition was submitted and it was recommended that the
feasibility report be accepted and that a public hearing be scheduled for
August 18, 1981, at 7:00 p.m. at the City Hall.
3. Improvement Project #345 Wilderness Run Streets. It was recom-
mended that the feasibility report for Wilderness Run Road extension from
Capricorn Court to approximately one-half mile east of Lexington Avenue be
accepted and that the Clerk be authorized to advertise for a public hearing to
be held on August 18, 1981 at 7:00 p.m. at the City Hall.
4. Improvement Project #346 Cinnamon Ridge 1st Addition. A feasi-
bility report for Cinnamon Ridge 1st Addition streets and utilities was recom-
mended for acceptance by the Council and that the public hearing be scheduled
for August 4, 1981 at 7:00 p.m. at the City Hall.
5. Improvement #80-12 Change Order No. 2. It was recommended that
Change Order No. 2 for Improvement #80-12 with an addition of $250 for seed to
prevent erosion for a portion of the pumphouse site be approved.
6. Martin Shields Sanitary Sewer Extension. Mr. Martin Shields peti-
tioned the City requesting an extension of sanitary sewer line due to the
upgrading of Pilot Knob Road. It was recommended that the petition be ac-
cepted and that the feasibility report be ordered and further that a contract
change order be authorized upon acceptance of the waiver of hearing for the
Martin Shields property.
Upon motion by Wachter, seconded by Parranto, it was Resolved that the
foregoing Consent Agenda items be approved as recommended. All voted yes.
TWIN VIEW MANOR 2ND ADDITION IMPROVEMENT PROJECT #335
Vice-Mayor Smith convened the public hearing regarding Improvement Project
#335 concerning utility and street improvements for Twin View Manor 2nd
Addition. Bob Rosene, Consulting Engineer, explained the project and the
developer, Richard Strom, was present. Mr. Rosene explained the proposed
temporary street and temporary access to Cliff Road until adjacent property to
the west develops. It would be a five-ton temporary road and Lot 1 could not
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July 21, 1981
be sold or built on while the street existed. Parranto moved, Egan seconded a
motion to close the hearing, to order in the project and order the plans and
specifications with the understanding that if any new construction is required
for the improvement of the temporary access to Cliff Road over Lot 1, that all
improvements be paid and be assessed against Lot 1. All voted yes.
IMPROVEMENT #81-6 PILOT KNOB CENTER UTILITIES
Public Works Director Colbert stated that he had talked with the de-
veloper of the proposed Pilot Knob commercial center and that he was informed
that financing had not been acquired and therefore requested that bids for
Improvement #81-6 be rejected. Egan moved, Wachter seconded a motion to
reject the bids and not to proceed with the contract as requested by the
developer. All voted yes.
IMPROVEMENT #81-11 SEALCOATING
Mr. Colbert reviewed the bids for the 1981 sealcoat project and stated
that the low bidder did not submit the low bid for the City's portion of the
project, but with the City's portion and that to be paid by the bonding
company for the defaulting contractor for the 1980 sealcoat project that the
overall low bid would be from Blacktop Service Company. There was discussion
concerning the fact that the bond company for the 1980 defaulting sealcoat
contractor had not consented to paying for the defective work and also the
fact that there had been a commitment to the residents of those subdivisions
with defective sealcoating. After discussion, Parranto moved, Egan seconded a
motion to award the contract for the 1981 sealcoating project for the City's
portion to Allied Blacktopping Company which is the low bidder for that por-
tion and that the staff continue to negotiate with the bond company and that
part two which would include the defective work on streets sealcoated in 1980
would be included if the bonding company consents to payment of its portion
within an adequate time of the original award. All voted in favor.
Mayor Blomquist arrived at the meeting and assumed the Mayor's chair at
this time.
IMPROVEMENT PROJECT #337 UNIVAC UTILITIES
The next public hearing convened by Mayor Blomquist concerned Improvement
Project #337 covering sewer and water improvements for the new Univac semi-
conductor facility. Mr. Rosene explained the project and there were no ob-
jections. There was a question, however, from a Councilmember concerning the
necessity of sizing the 16-inch water pipe through the Univac property. Smith
moved, Wachter seconded a motion to close the hearing, to order in the pro-
ject, and authorize the preparation of plans and specifications by the
Consulting Engineer. All voted yes.
IMPROVEMENT PROJECT #339 BROWN'S POND OUTLET
The public hearing covering Improvement Project #339 concerning an outlet
to the pond on the John Brown property south of Cliff Road and east of Beacon
Hill Addition was next convened. Mr. Rosene explained the project and John
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Brown was present with certain questions. There was an explanation of the
flooding problems within Pond LP-57 and Pond LP-6. The engineer also reviewed
the costs and Mr. Brown suggested that the City look at alternate costs for
running the permanent storm sewer pipe directly north to Cliff Road rather
than running easterly on a temporary basis. Mr. Rosene stated that cost
reasons and the use of the pond dictate the route for storm sewer outlets but
it was requested that cost alternates be reviewed. After considerable discus-
sion Parranto moved, Wachter seconded the motion to close the hearing, to
order in the project and to authorize the preparation of plans and specifica-
tions subject, however, to the following:
1. That the Council review the progress concerning the acquisition of
the necessary easements.
2. That the Council review the proposed size of proposed Pond LP-6 and
the topography of the area with the size to be determined by the Council at a
future meeting.
3. That the engineer also prepare alternates for costs for the permanent
storm sewer outlet north to Cliff Road and also for the temporary outlet north
to Cliff Road.
All voted in favor.
OVERVIEW ESTATES REPLAT
Mr. Barton Dunn appeared on behalf of the application of Richland
Development Company for revision to preliminary plat of Overview Estates
replat in order to create four additional single family lots and a variance of
one-half foot from the 85-foot lot width requirement on all lots in the
proposed replat. The Advisory Planning Commission had recommended approval
subject to certain conditions. A number of neighboring residents appeared
objecting to the proposed project on the basis of the potential precedent
based upon financial reasons, that all the surrounding lots are larger than
the lots proposed in the replat and the cost of relocating utilities including
electric and telephone lines. It was noted that the additional cost of moving
services would be $6,000-$7,000 and about $9,000 for the moving of the tele-
phone and electric facilities. Mayor Blomquist stated that in her opinion
there was no hardship other than financial and that a serious precedent prob-
lem would result. Mr. Parranto stated the one-half foot frontage variance was
not significant and also there were serious problems with the utility project
in the area causing additional costs. Mr. Smith suggested that there be an
alternate of one additional lot on each side for two additional total lots.
After considerable discussion, Smith moved, Parranto seconded the motion to
approve the replat to provide for 18 lots because of the utility cost in-
creases and therefore there would be no precedent on that basis, further
subject to all conditions of the Advisory Planning Commission and further
subject to dismissal of the assessment appeal by the owners of the plat.
Those in favor were Smith and Parranto. Those against were Blomquist,
Wachter, and Egan.
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VINCENT STORLAND NORVIN OAKS PRELIMINARY PLAT
The application of Vincent Storland for preliminary plat approval of
Norvin Oaks for rezoning from A, Agricultural to R-1, Residential Single of
approximately 1.9 acres south and east of Cliff Road and Cedar Avenue was next
discussed. Councilmember Ted Wachter vacated his Council chair and appeared
on behalf of the applicant statingonly one additional home is presently
planned. Mr. and Mrs. Storland were also present. The APC recommended ap-
proval subject to conditions. It was noted that the State had acquired part
of the property for Cedar Avenue right-of-way and there was discussion con-
cerning the large amount of water on the parcels. There was considerable
discussion regarding the access for sanitary sewer purposes noting the appli-
cants are requesting septic tank usage for the two additional homes to be
built on the three lots. The Consulting Engineer stated that the access for
sanitary sewer would logically be from Slater's Acres to the north through
Slater's Acres from the north. Smith stated that he felt that the lots would
be too large and assessments would be excessive in the future when utilities
are installed.
Parranto moved, Smith seconded the motion to continue the application
until the City Engineering staff can provide tentative plans for sanitary
sewer installation in the area for the subject property in order to determine
whether the only access for the sanitary sewer is through Slater's Acres or
from the south, noting the area is difficult to sewer. Egan seconded the
motion. All voted in favor except Wachter who abstained.
BEURE' CO. REZONING
The application of Beure' Co. to rezone from Agricultural to NB,
Neighborhood Business, consisting of 4.8 acres and R-4 to RB of approximately
3.5 acres on Wildwood Lane and Blackhawk Road was next considered. A letter
from Howard Dahlgren, the planner for Beure' Co., was reviewed requesting that
the application be withdrawn. Egan moved, Smith seconded the motion to accept
the request to withdraw the application. All voted yes.
3-M NATIONAL ADVERTISING COMPANY
Mr. Dick Paisley of 3-M National Advertising Company appeared on behalf
of its application for variance to allow an advertising sign to exceed 250
square feet southwesterly of the intersecting line of I-494 and Highway 13.
It was noted that the land owned by the railroad had been Industrially zoned
for many years and also that the applicant had acquired a permit for a con-
forming advertising sign several years ago and it was still in effect. There
was discussion concerning the sign being a possible obstruction and the aes-
thetic problems with an oversized sign of 672 square feet in that location at
the entry to the City. Noting it would be a serious obstruction at the
heighth proposed and the size at a location near the entrance to the City of
Eagan from the west, Smith moved, Parranto seconded the motion to deny the
application. The APC had recommended denial noting that there was no hardship
involved. All voted yes.
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F L T$N UNWNI'IIID, INC. - OF-SALE LIAR LICENSE
The application of Eagan Unlimited, Inc., for off-sale liquor license for
the Safari At Eagan Mall was next considered by the Council. Mr. Robert B.
Bell appeared for the applicant, as did Mr. Ray O'Neal, the developer of the
project. It was noted that there is an existing off-sale liquor license
granted in 1981 in the same proposed shopping mall and that the policy of the
City is that there be only one license in the general south-central area of
the City. The license granted on January 20, 1981, was granted to McCrae and
Associates, Inc., noting, however, that there had been some financial problems
and the applicant had not signed the lease with the shopping center devel-
opers. Mr. and Mrs. McCrae were also present. There have been continuous
negotiations between the McCraes and the developers during the year and it was
noted that the terms of a lease had been entered into between Eagan Unlimited
and the shopping center developer. It was further noted that the package
store in the area was intended by the Council to be of a local nature as was
the entire shopping center and further that a part of the original proposal
for the shopping center included a Coast-to-Coast store which now will not be
opened in the center. It was further stated that development in the area is
not sufficiently dense to warrant two package stores, and it was noted that
the 13,000 square foot store proposed is not a neighbor oriented type store
under the application.
After considerable discussion Wachter moved, Egan seconded a motion that
the Council not adopt an amendment to the liquor policy to provide for two
off-sale liquor licenses in the southcentral area and particularly in the
Safari Shopping Center Mall for those reasons as stated above. All voted in
favor.
CAFM LII DO - VIENNA WOODS
Carol Lindo appeared informally to discuss with the Council the burden of
the special assessments on the three lots owned by her in Vienna Woods on
Kings Road. She also objected to a building on neighboring property to the
west where allegedly a business is being operated. The staff was requested to
pursue possible revisions to the assessments on the Lindo property in light of
the agreement with B & K Properties, the developer of Vienna Woods, and also
to review the use of the building on the adjoining lot to the west.
CITY INSURANCE - Wc'ER'S ATION AND (SAL LIABILITY
The annual renewal of the bids for the worker's compensation and general
liability insurance policy for the City was next reviewed by Councilmembers.
Bids had been received from Home Insurance Company a*1 T1 ie ()i Minnesota
Cities t:cir~ a,' 1.1t(-? agent of record, Valley View Insurance Company. Compara-
tive bids were Home Insurance Company, $90,039 and League of Cities, $96,372
with the 1980 premium of $108,481 from Home Insurance Company. No changes are
being recommended. It was recommended that Home Insurance Company bid with
Valley View Insurance as the agent of record in the sum of $90,039 be- ap-
proved. Smith moved, Wachter seconded a motion to approve the renewal of the
policy as recommended through Home Insurance Company. All voted yes.
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COPY MACHINE
The City staff has recommended the purchase of an IBM 111-20 copy machine
for the City Hall at a price of $28,176. It was noted that the staff had
reviewed a number of makes and models of machines. It was further recommended
that the existing copy machine be transferred to the Park and Utility
Department. Wachter moved, Egan seconded the motion to accept the recommenda-
tions as provided above. All voted in favor.
IMPROVEMENT #81-7 COACHMAN OAKS 1ST ADDITION
The improvement contract covering Improvement #81-7 with Lametti and Sons
regarding Coachman Oaks 1st Addition was recommended for approval and that the
Mayor and Clerk execute the contract. Wachter moved, Parranto seconded the
motion to accept the recommendation and authorize the approval. All voted
yes.
CHAPDELAINE BUR OAK STORM SEWER OUTLET
City Attorney Paul Hauge reviewed the negotiations with the attorney for
the Chapdelaine estate and LeRoy Chapdelaine for acquisition of storm sewer
easement across the two parcels lying adjacent to Highway 49. It was noted
that the City's appraiser had submitted his appraisal as had the property
owner's appraiser. It was recommended that in light of the appraisals sub-
mitted that the LeRoy Chapdelaine property be settled for the sum of $20,000
and that the Chapdelaine estate be settled for the sum of $1,500. After
discussion, Smith moved, Parranto seconded the motion to approve the recommen-
dation to authorize the settlements in the amounts explained above. All voted
in favor.
METROPOLITAN COUNCIL PLANNING GRANT
Tom Hedges explained that the third amendment with the Metropolitan
Council for a planning grant to the City of Eagan, no. 7850, had been submit-
ted and recommended for approval. It provides for $17,340 of additional grant
money, totaling $46,530 in planning grant. Egan moved, Blomquist seconded the
motion to approve the agreement. All voted in favor.
R 81-45'
DIFFLEY ROAD
The Council again discussed the.proposed change of the name of Wildwood
Lane to Diffley Road noting that the cost to the Minnesota Department of
Transportation mainly for sign changes would be $2,000 to $3,000 and that the
City's cost would be $250 to $300 to replace signs. It was recommended that
the Council review the proposed name change at the next regular Council meet-
ing and no formal action was taken.
TOLLEFSON BUIDLERS
Mr. Colbert stated that attempts have been made by staff to have
Tollefson Builders correct some erosion problems in developments in which they
are constructing homes, and that further discussion will be brought by Mr.
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July 21, 1981
Colbert to the Council and that a proposal for action will be brought to the
City Council at a later meeting.
VOUCHERS
Egan moved, Wachter seconded the motion to approve the following
vouchers: the check list dated July 21, 1981.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 11:40 p.m.
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