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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, 1 odd.- i& Council Minutes 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 2 Council Minutes 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 3 O° Council Minutes July 21, 1981 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. 4 Council Minutes July 21, 1981 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. 5 MIGS Council Minutes July 21, 1981 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. 6 13 Council Minutes July 21, 1981 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. 7 Council Minutes 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. PHH I 1Y1 City ~ erk 8