08/16/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 16, 1983
A regular meeting of the Eagan City Council was held on Tuesday, August
16, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist
and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were
City Administrator Hedges, Assistant City Engineer Hefti, City Engineer Rosene
and City Attorney Hauge.
AGENDA
Thomas moved, Wachter seconded the motion to approve the agenda as pre-
pared. All voted yes.
MINUTES
Egan moved, Wachter seconded the motion to approve the Minutes as
corrected. All voted in favor.
COUNTY ASSESSOR
Bill Peterson from the Dakota County Assessor's office was present and
presented three abatement requests covering the M. G. Astleford property,
William Jackson property and Dorothy Voit property, according to the
abatements scheduled in the packet. Upon motion by Smith, seconded Thomas, it
was resolved that the abatements as recommended be approved and implemented.
All voted in favor.
FIRE DEPARTMENT
FIRE ADMINISTRATION PLANS
City Administrator Tom Hedges reviewed with the Council the final plans
and specifications for the remodeling of the existing City Hall for the con-
version of Fire Administration Building and Paramedic storage and sleeping
quarters. Mr. Hedges requested authorization to proceed with the design
concept for final bidding and recommended that the bids be advertised and
opened on September 1, 1983 at 10:00 a.m. at the City Hall. Fire Chief
Childers and the two District Chiefs were present and there were questions
concerning the plans as prepared by the architect. Egan moved, Wachter
seconded the motion to approve the plans and specifications and authorize the
City Administrator to proceed with the advertisement for bids with a bid
opening set for Thursday, September 1, 1983 at 10:00 a.m. at the Eagan City
Hall and for the addition and remodeling to the existing City Hall facility
for Fire Administration and Paramedic use. All voted in favor.
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SAFARI RESERVOIR - PAINT
City Engineer Bob Rosene displayed several alternate paint colors for the
Safari Reservoir. After review, Smith moved, Thomas seconded the motion to
authorize the painting of the Safari Reservoir with an oyster shell color
paint. All voted in favor.
CONSENT AGENDA
The following consent agenda items were submitted by the Staff and recom-
mended for approval:
1. Conditional Use Permit Renewals. Four conditional use permit
renewals were submitted, including E. L. Murphy Trucking Company at 3303
Terminal Drive, Michael Neisius for 4855 South Robert Trail, Walter W. Wosje
at 3945 Pilot Knob Road, and Carl Case at 540 County Road #30. It was recom-
mended that the conditional use permits be renewed for the months of August
and September as presented.
2. Robert B. Lewis House - Sanitary Sewer - Project #385. It was
recommended that the feasibility report for Project #385 covering the sanitary
sewer improvements to the Robert B. Lewis house be accepted and the public
hearing be scheduled for September 20, 1983 at 7:00 p.m. at the Eagan City
Hall.
3. Well Site #7 - Contract #82-6. It was recommended that the seventh
and final payment for Contract #82-6, consisting of Project #358, covering
Well Site #7 to Keyes Well Drilling Company in the amount of $500.00 be
approved and that the project be accepted for perpetual maintenance.
4. City Hall Facility Change Order #1. It was recommended that Change
Order #1 to the City Hall Facility Contract with Voronyak Construction Co.
covering a total Change Order of $2,755.40 be approved.
5. Change Order #3 - Water Treatment Plant - Contract #83-1. It was
recommended that Change Order #3 to Contract #83-1 consisting of the Water
Treatment Plant improvements with no change in the contract amount, be
approved and accepted by the Council.
6. Contractors' Licenses. A schedule of general contractors and a
heating and ventilation contractor that had applied to the City for licenses
was presented to the Council and recommended for approval.
7. Ridggeliff 1st Addition - Easement Vacation. A Petition has been
received by Orrin Thompson Homes for vacation of easements for the replatting
of part of Ridgecliff 1st and 4th Additions to Ridgecliff 6th and 7th Addi-
tions and it was recommended the petition be received and that a hearing be
scheduled for September 6, 1983 at 7:00 p.m. at the Eagan City Hall.
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8. Lexington Place - Utilities - Project #387. A Petition had been
received from Orrin Thompson Homes requesting installation of utilities for
Lexington Place 1st Addition. It was recommended the Petition be received and
that the Council authorize the preparation of a feasibility report and de-
tailed plans and specifications simultaneously as requested by the applicant.
Upon motion by Thomas, seconded Egan, it was resolved that the foregoing
Consent Agenda items be approved and authorized to be implemented, with the
exception of the Petition for utilities in Lexington Place under Project #387
and the Petition for feasibility report for Project #386 covering Knob Hill
Office Site. All voted yes.
PROJECT #386 - FEASIBILITY REPORT
KNOB HILL OFFICE SITE
The Petition for Project #386, Knob Hill Office Site was submitted for
action. Upon motion by Egan, seconded Smith, it was resolved that the con-
sideration of authorization for preparation of the feasibility report be
continued until the approval of the preliminary plat for the Knob Hill Office
Site. All voted in favor.
PROJECT #387 - LEXINGTON PLACE - UTILITIES
There was discussion concerning the need to acquire an easement from
William Smith, an adjoining property owner, to the Lexington Place Addition
consisting of a 16 1/2 foot strip of land that would be crossed by utility
improvements. Egan moved, Smith seconded the motion to receive the Petition
and authorize the preparation of the feasibility report and detailed plans and
specifications with the condition, however, that the applicant, Orrin Thompson
Homes, will pay all costs of acquisition of the necessary easements. All
voted yes.
MILLWORK BARN
The staff indicated that complaints have been received concerning the
name used by Millwork Barn on the former Jerry Lewis Theatre being the "Pig
Pen" and also the debris that has been left around the building. Smith moved,
Thomas seconded the motion to request the owners to change the name of the
business located in the building. All voted yea.
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SPECIAL CITY COUNCIL MEETINGS
The following special City Council meetings were scheduled by the Mayor:
August 30, 1983 at 7:00 p.m. to discuss park and recreation plan.
August 23, 1983 at 7:00 P.M. to discuss budget and miscellaneous
items.
RAHN PARK GRANT
The City has been noticed by Representative Frenzel's office that the
Rahn Park grant for development purposes will be approved, however, the amount
is to be determined at a later date. The amount requested was $170,000.00
with Federal participation normally of 50%. No action was taken.
BUTWIN ROAD
The Police Department has requested consideration by the Council of
placing No Parking signs on Butwin Road because of the large number of junk
vehicles that have been placed on the north side of the road, adjacent to the
City of Rosemount. Several alternates were reviewed including employment of
the Abandoned Vehicle Ordinance and it was recommended that further considera-
tion of the issue take place at the next City Council meeting.
WALDEN HEIGHTS TRUNK STORM SEWER OUTLET
PROJECT #384
The continued public hearing concerning Project #384 consisting of Walden
Heights trunk storm sewer outlet was convened by Mayor Bea Blomquist. Mr.
Hefti explained that a meeting has been held between staff members, John Brown
and Glen Kessel. The recommendation being made by the staff is that approxi-
matly 12 of 18 acres be assessed within the drainage district on the Brown
property, noting that there is a culvert running north across Cliff Road. Mr.
Kessel, the attorney for Mr. Brown, was present and agreed to the proposal.
Smith moved, Thomas seconded the motion to close the hearing, to order in the
project and to authorize the preparation of plans and specifications with the
understanding that 12 acres of the Brown property would be included in the
assessment roll and the balance of about 6 acres would be assessed for storm
sewer purposes at the time of the sale of the property, development of the
property, or the platting of the property. All voted yes.
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SCHWANZ LAKE TRUNK STORM SEWER - PROJECT #383
The next public hearing convened by the Mayor concerned Project #383
consisting of Schwanz Lake trunk storm sewer. The hearing had been continued
from August 2, 1983 in order for staff to research additional information.
Staff indicated that they could find no evidence of a 24 inch storm sewer from
the Northview Meadows project being installed during 1983 and indicated that a
24 inch storm sewer will be discharged in the vicinity of Schwanz Lake upon
completion of Phase 2 of Northview Meadows. Some erosion has taken place as a
result of the trunk sanitary sewer lines installed north of Wilderness Run
Road, but it did not appear to be carried into the lake by run-off from the
area. It was also recommended that the drainage diversion from Northview
Meadows directly south to Pond LP 61 would not be economically feasible and
recommended the utilization of Schwanz Lake. Mr. Hefti reported on behalf of
the staff and stated that the Northview Meadows developers are attempting to
pond some of the water on their own property. Mayor Blomquist suggested the
Park Director have direct input concerning the pond and Mr. Vraa was not
present. He had had concerns about the potential loss of trees and the Park
and Recreation Committee's input in the entire process. A number of neigh-
boring owners were present with concerns about assessments and also the impact
on the proposed park, erosion control from Northview Meadows and stated that
in their opinion, significant erosion has taken place in the area. Councilman
Smith stated that it is important to proceed because of the high lake level.
Some owners recommended that the Council forstall the project for another year
because this is a high water level year and only two significant trees
allegedly were in danger. It was noted that the consideration of the item was
inadvertantly left out of the information column in the Chronicle, although
the continuation had taken place at the last meeting. Smith moved, Egan
seconded the motion to close the hearing, to order in the project and autho-
rize the preparation of plans and specifications. Mayor Blomquist recommended
a continuance for additional information. Those in favor were Smith, Egan and
Thomas; those against were Blomquist and Wachter.
NORTHSTAR TRANSPORT - VARIANCE
The application of Northstar Transport, Inc. for amendment to the origi-
nal variance to allow a 13.1146 foot setback for the Northstar Transport
property on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3 was
subitted for review. In January of 1983, the City Council granted a condi-
tional use permit for outside storage and variances from setback provisions.
It was noted that the concrete contractor installed the parking lot curbs
incorrectly and the request for variance was brought to the Council. Dennis
Briguet, attorney for the applicant, was present and indicated that contacts
had been made with all neighboring property owners and consents have been
given. There were no objections. Egan moved, Wachter seconded the motion to
approve the application. All voted in favor.
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LULL ENGINEERING - VARIANCE
The application of Lull Engineering Co., Inc. for variance to the City
requirement of surfaced parking area for the proposed expansion of the Lull
Engineering office building on Highway #13 was next presented. Dale Runkle
reviewed the application and Orrin Nord was present on behalf of the appli-
cant. He stated that the applicant would be required to put down a very thick
mat because of the heavy trucks that come into the yard, and requested a
variance from the provision to allow crushed rock mat for that reason. Mr.
Runkle stated that the upgrading of the facilities at the time of application
for building permit is an issue that the City raises with such an applicant.
Wachter moved, Egan seconded the motion to approve the application for
variance because of the hardship noted, Lull Engineering being a long-term
owner in the City and the fact that it keeps its yard in an orderly manner.
Councilmembers encouraged the applicant to blacktop the area for office park-
ing purposes. All voted in favor.
COACHMAN LAND COMPANY 3RD ADDITION - FINAL PLAT
The application of Rosewood Corporation for final plat approval of
Coachman Land Company 3rd Addition was submitted to the Council. Mr. Runkle
briefly reviewed the application and noted that an owner in the Timberline
Addition, objected that there was inadequate berming according to the original
plans, along the north side of the plat of the area. Fred Katter was present
for the applicant, and stated that the applicant has increased the landscaping
substantially from the original plan and will provide a berm for the 3rd
Addition similar to that in the 2nd Addition. It was further noted that the
park dedication has not been completed but was expected to be completed in the
very near future. Smith moved, Thomas seconded the motion to approve the
application for final plat approval and authorize the Mayor and City Clerk to
execute the related documents. All voted in favor.
R 83-53
HILLCREST ADDITION - CONTRACT #83-12 - STREETS & UTILITIES
Bids have been received under Contract #83-12 for the Hillcrest Addition
streets and utilities and the low bid was from Northdale Construction Co. in
the sum of $265,831.00. Smith moved, Thomas seconded the motion to award the
contract to the low bidder stated above. All voted in favor.
EAGAN CHRONICLE - EDITOR
David Siegel, the new Editor of the Eagan Chronicle was welcomed by
Council members to the Council meeting.
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ROBIN LANE - STREET IMPROVEMENTS - CONTRACT #83-T
Bids were opened for Contract #83-7 and it was recommended the low bid of
McNamara Vivant Contracting in the sum of $177,323.00 be approved and awarded.
Wachter moved, Thomas seconded the motion to accept the recommendation and
award the contract to McNamara Vivant Contracting Co. All voted yes.
PARK RIDGE - TRUNK WATER MAIN - CONTRACT #83-13
The plans and specifications have been received for Contract #83-13, and
based upon the petition from the Developer of Park Ridge Addition, Ruscon
Homes, it was recommended the plans and specifications be approved and that
the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on
Thursday, September 1, 1983 at the Eagan City Hall. Egan moved, Wachter
seconded the motion to approve the recommendation and also to add Project #385
consisting of the Robert Lewis Home Sanitary Sewer as a Change Order. All
voted in favor.
CINNAMON RIDGE 4TH ADDITION - PLAT EXTENSION
A request has been received from Zachman Homes requesting extension of
the Cinnamon Ridge 4th Addition preliminary plat. It was noted that some
conditions have not been completed in the Cinnamon Ridge 3rd Addition, includ-
ing a performance bond or letter of credit in the sum of $60,000.00. Staff
stated that the applicant will be submitting an application for revision of
the plan for the subdivision within a short period of time. Smith moved,
Thomas seconded the motion to grant the extension, subject to the submission
of a letter of credit or performance bond in the amount of $60,000.00 for the
3rd Addition. All voted in favor.
PROJECT #315R - WELL SITE #5 - TRUNK STORM SEWER
The continued public hearing covering trunk storm sewer for Well Site #5
under Project #315R was then convened by the Mayor. It was noted the Burow
parcel had been assessed for trunk storm sewer under Project #257 in 1981.
The City Attorney indicated that the golf course property had no special
provision for deferment but that several years ago the Council had authorized
deferment of water area assessments for the golf course. There were no
appearances except from members of the Ohman family with questions about the
amount of the proposed assessment, the interest to be charged and green acres
issues. It was noted that their land is green acred but that interest will be
charged from the time that the assessment is levied. Serious erosion problems
have taken place but it was recommended that the owner of the golf course be
contacted concerning the proposed assessments against the golf course.
Wachter moved, Egan seconded the motion to continue the hearing until Septem-
ber 6, 1983 at 7:00 p.m. at the City Hall with the understanding that staff
will contact the owner of the golf course for his comments regarding the
project. All voted yea.
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COUNTRY STANDARD SERVICE STATION PERMIT RENEWAL
Mr. Hedges stated that further negotiations have taken place between
neighboring owners of the Country Standard Service station and recommended
continuance until the next regular meeting. Egan moved, Wachter seconded the
motion to continue consideration of the permit renewal until the September 6,
1983 meeting. All voted yea.
BRITTANY 4TH ADDITION - SIDE YARD SETBACK VARIANCE
The application of Tollefson Builders, Inc. for 5 foot side yard setback
variance for Lot 14, Block 1, Brittany 4th Addition was submitted. It was
noted that the Advisory Planning Commission, at its public hearing on July 26,
1983 recommended denial. Mr. Runkle presented the application to the Council
and indicated that apparently the staff had reviewed the wrong lot and that
the property in question needing a variance already had a home begun. How-
ever, because the garage was located in front of a family room, the variance
did not appear to be noticeable and recommended approval of the variance.
There were no objections and because of the misunderstanding and the hardship
involved, noting the builder had found the error and requested staff approve a
variance, Smith moved, Egan seconded the motion to grant the variance because
of the hardship involved with the understanding that Lot 13 would be required
to have a 10 foot setback and that the garage be located adjacent to the Lot
14 property line. All voted yea.
SUNSET 3RD ADDITION - PRELIMINARY PLAT AND REZONING
The application of Tri-Land Company for rezoning and preliminary plat
approval of Sunset 3rd Addition was submitted to the Council. The Advisory
Planning Commission recommended approval of the application to rezone from
Agricultural to Single Family and for preliminary plat approval. Mr. Runkle
presented the application to the Council and noted that Lot 7 which includes
the existing homestead, consists of 3 acres and stated it would be very
difficult to subdivide that parcel. Brad Swenson was present and further
stated that Lot 7 cannot feasibly be subdivided, but it was suggested the plan
for subdivision be submitted prior to final plat approval. Egan moved to
approve the rezoning of the property as requested, Thomas seconded the motion.
All voted in favor. Smith then moved, Wachter seconded the motion to approve
the application for preliminary plat approval with the following conditions:
1. That the developers submit a proposed overlay for Lot 7, consisting
of the 3 acre lot.
2. No variances shall be allowed for side yard setbacks except for
topographic or vegetation reasons.
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3. The plat shall be subject to the Park Commission's review for park
dedication.
It. A development agreement shall be entered into and signed by the
applicant prior to final plat application.
5. If streets and utilities are to be installed privately, then the
plans and specifications shall be prepared by a registered engineer in accor-
dance with City standards.
6. In addition to typical utility and drainage easements, a 20 foot
utility easement shall be dedicated over the common lot line between Lots 3
and It, and an easement of sufficient width over the westerly portion of Lot 7
will also be dedicated for storm sewer.
7. A 30 foot half right-of-way shall be dedicated for Golden Meadow
Road.
8. All costs associated with extending the existing Golden Meadow Road
and the utilities within Golden Meadow Road and also the internal street and
utilities shall be the sole responsibility of this development.
All voted yes. SEE PLAT FILE
R 83-54
NATIONAL ADVERTISING COMPANY - CONDITIONAL USE PERMIT
The application of National Advertising Co. for conditional use permit
for an outdoor advertising sign in Section 18 on the northbound right-of-way
of Cedar Freeway was next presented. The Advisory Planning Commission recom-
mended approval for reasons noted in their minutes. Mr. Runkle presented the
application and noted that the size is 672 feet, exceeding the City standard
by 422 feet and the height is 20 feet above the road level, or 55 feet above
the lot level. Representatives of National Advertising Co. were also present.
The Council members discussed the Planning Commission minutes and noted that
the sign had been issued by the Eagan City Council for a sign on that location
in June of 1977 and the permit had been renewed annually by the City and fees
have been paid. There was discussion concerning the existence of a Naegele
sign along old Cedar Avenue and after discussion, Smith moved, Egan seconded
the motion to continue the application to determine if that sign is located in
that position and that staff report to the Council at the next meeting. Smith
moved, Egan seconded the motion to continue the application of Naegele Outdoor
Advertising Co.'s application for conditional use permit in the same general
area also be continued until the regular meeting of September 6, 1983. All
members voted yes.
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NATIONAL ADVERTISING COMPANY - OUTDOOR ADVERTISING SIGN PERMIT
An application was received from National Advertising Co. for conditional
use permit for outdoor advertising sign in Section 3, approximately 340 feet
north of the north edge of Eagandale Blvd., within the Chicago, Milwaukee, St.
Paul, Pacific Railroad right-of-way. The Advisory Planning Commission recom-
mended the application be approved, subject to reduction in the size from 672
square feet to 250 square feet. Mr. Runkle reviewed the application with the
Council and also stated that Opus Corporation and Northwestern Mutual had sent
a letter objecting to the sign, noting that the Eagan policy has been that an
advertising sign will be removed from industrial property when the property is
developed. They objected to the location within the railroad right-of-way.
There were concerns about precedent that would be set by allowing an adver-
tising sign in railroad right-of-way, noting, according to the Eagan Zoning
Map that it is not zoned. Representatives of the applicant were present and
stated that the applicant had a year to year lease with the railroad. Blom-
quist moved, Wachter seconded the motion to deny the application for reasons
including the following and those cited above:
1. The land within the railroad right-of-way is not properly zoned as
Light Industrial.
2. The objections from adjacent property owners, including those cited
above and the fact that the image of Eagandale Industrial Park would be
adversely affected.
3. The application would require a variance in that the proposal is to
exceed the 250 square foot maximum allowed under the Ordinance.
Those in favor were Blomquist, Wachter, Egan and Thomas; against was
Smith.
CLIFF PLACE PROJECT - FINAL IR RESOLUTION
Mr. Hedges stated that all documents have now been submitted for the
final resolution to consider IR financing in the amount of $1,100,000.00 to
Hillcrest Development Co., but that it is expected that the closing will not
take place until about September 10. He recommended approval subject to
compliance with all City and State requirements. Wachter moved, Egan seconded
the motion to approve the final resolution for the Cliff Place Project, sub-
ject to compliance with all City and State requirements. All voted in favor.
R 83-55
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OAKWOOD HEIGHTS - EXCAVATION PERMIT
An application from Countryside Builders for an excavation permit related
to the proposed Oakwood Heights 3rd Addition was reviewed by the Council. All
requirements were in order and it was recommended that the application be
approved. Smith moved, Thomas seconded the motion to approve the application,
subject to compliance with all City requirements with the understanding also
that adequate erosion control will be implemented. All voted in favor.
NICOLS ROAD - IMPROVEMENT PROJECT
Jerry Solheim, a resident on Nicols Road, appeared and indicated that it
was his impression that certain deviations have taken place in the design from
the original understanding concerning the upgrading of Nicols Road. The
amount of fill, replacement of missing sod, a safe and usable shoulder, cul-
verts, installations, drainage ditches, amount of fill for driveways and the
need to resod rather than seed were some of the issues that he discussed. He
stated that the shoulder of Nicols Road is almost non-existent and that there
is a clear lack of adequate parking for guests for the homeowners on Nicols
Road, and also a safety problem during wet and icy weather. After discussion,
Smith moved, Egan seconded the motion to authorize a Change Order to the
existing contract to conform with the request of the majority of the owners
under a reasonable cost basis. All voted in favor.
DAKOTA COUNTY CETA PROGRAM
The City Administrator announced that a letter had been received from
Dakota County CETA office indicating that the Minnesota Emergency Employment
Development Program is now being implemented, which allocates $1,000,000.00 to
Dakota County for six-month temporary jobs over a two-year period. After
discussion, Egan moved, Smith seconded the motion to authorize the City to
authorize job request forms to be submitted. All voted yes.
VOLUNTEER LAWN SPRINKLING BAN
Tom Hedges noted that there have been some complaints about violators who
are using an excessive amount of water during the sprinkling ban but stated
that overall, the ban is working well, and there is high compliance. The
Water Department, however, was asked to assist in monitoring the violators.
PROJECT #SP-001 - CITY HALL
Upon motion by Wachter, seconded Egan, it was resolved that a Change
Order to the existing City Hall Contract be authorized with the approval not
to exceed the budget to include parking lot, curb and gutter and sidewalks.
All voted in favor.
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CHECKLIST
Wachter moved, Egan seconded the motion to approve the following check-
list: July 31. 1983 and August 16. 1983
All voted yea.
LOCAL GOVERNMENT AID
Mr. Hedges stated that notification had been received from the State of
Minnesota that $212,888.00 will be paid to Eagan in the form of Local Govern-
ment Aid for 1984 which is $184,000.00 below the normal amount of state aid
that would have been received in 1984.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 11:10 p.m.
All voted yea.
PHH
City 9Jerk
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