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09/02/1890 - City Council Regular 00 208 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 2, 1980 A regular meeting of the Fagan City Council was held on Tuesday, September 2, 1980 at 6:30 p.m. at the Eagan City Hall. All members were present and also present were City Public Works Director Colbert, City Engineer Rosene, City Administrator Hedges and City Attorney Hauge. AGENDA Smith moved, Wachter seconded the motion to approve the agenda. All voted in favor. MINUTES Wachter moved, Fgan seconded the motion that the minutes of the August 19, 1980 meeting be approved with the exception on page 2 that Yankee Doodle Road regarding the Econ Lab location should be Lone Oak Road and on page 3 that Fgan seconded the motion concerning the Comprehensive Guide Plan rather than Parranto. All voted in favor. Smith then moved, Wachter seconded the motion to approve the minutes of the July 29, 1980 meeting as distributed. All voted yea. PARK DEPARTMENT Ken Vraa,the Park and Recreation Director, was present. 1. LAWCON Funding Rahn Park Expansion. Mr. Vraa recommended that a resolution attached to the Council packet for partial funding for proposed Rahn Park expansion be approved by the Council. Smith moved, Wachter seconded the motion, to approve the resolution and authorize the submission for the LAWCON funding. All members voted in favor. R 80-71 2. CETA Title II-D Program. Mr. Vraa also recommended that the Council approve the City's participation in the CETA Title II-D program covering three to four CETA employees for the Park Department, with the Director of Parks becoming the liason person for the City of Fagan. Parranto moved, Fgan seconded the motion, all voted in favor, to approve the recommendation and the Resolution filed as Resolution # 72 R 80-72 3. Dakota County Court Services Program. Mr. Vraa then reviewed a program intended for juvenile offenders through the Dakota County Court Services whereby the offenders will make restitution in the form of work projects for municipalities. He recommended that the Council approve participation in the program. Egan moved, Wachter seconded the motion that the staff and the Park Director explore and investi- gate and if deemed advisable to proceed with the program to the City's advantage. All voted in favor. Council Minutes September 2, 1980 Page Two OC 209 . 4. Tree Stump Removal. The Park Director requested direction from the Council as to whether the Council would authorize the removal of tree stumps on both private and public property following the July 15 storm damage. He explained the options were the use of the County tree stump remover, private contractors or request the private homeowners to remove the stumps on their property. The Council requested further information including estimates and costs for the removal. PUBLIC WORKS DEPARTMENT Public Works Director Colbert reported. 1. Carol Lindo, Kings Road. Mrs. Lindo was present and requested that she be permitted to hook up to City water only claiming financial hardship if she is required to hook up to the sanitary sewer because of the distance from the City sewer system to her home access location. Noting it was customary that the City require hookup to both'according to City policy, the staff indicated that administratively the issue could be handled for future assessment purposes. Blomquist moved, Wachter seconded the motion to allow the policy variance to Mrs. Lindo on the basis of hardship due to cost and further understood that the staff will review the policy and report its findings to the Council. All members voted in favor. 2. Blackhawk Lake Storm Sewer Outlet. Mayor Blomquist introduced Professor Olif Pfannkuch of the University of Minnesota Hydrology Department who has conducted a study concerning the proposed Blackhawk Lake storm sewer outlet. Dr. Pfannkuch was present. Mr. Colbert reviewed the proposed alternates consisting of gravity outlet or lift station options that had been considered by the Council at an earlier time. Dr. Pfannkuch then submitted an economic analysis of the present and anticipated costs including maintenance costs and inflation factors for the gravity versus the lift station alternates. Substantially greater costs were involved in the lift station operation in the future, although present costs for a gravity system claiming that maintenance costs will be much lower than projected by Dr. Pfannkuch and by the City staff. In addition, he recommended that the City maintain as much water within the Blackhawk Lake area as possible. There was discussion concerning possible flood damage to the lake if no outlet was permitted from the lake. After considerable discussion, the Mayor thanked Dr. Pfannkuch noting action had been taken by the Council to approve the gravity system at an earlier Council meeting. CONSENT AGENDA Wachter moved, Parranto seconded the motion to approve the following consent agenda items including recommendations by the staff: 1. Improvement #80-2, Deep Well #6. Final payment and acceptance of the construc- tion of the 435 foot deep well #6 has been completed by Keyes Well Drilling Company. It was recommended that final payment of $1,000 be made and the City accept the project for perpetual maintenance. 2. MLN/DOT Agreement 60079 Traffic Signals. A cost participation agreement with District 9 of MN/DOT regarding traffic signals at the intersection of new Cedar and Wildwood Lane and Cliff Road was submitted with $516,673.07 as the total cost and Eagan's share of $30,953.20 consisting of 5.99%. The recommendation was to approve the agreement and authorize the Mayor and City Clerk to execute the agreement pro- vided however, that the City not be required to forward the advance payment until after January 1, 1981, because of budget issues. Cuun.:..1 MLnuC- September 2, 1980 Page Three OC 21.0 3. Improvement #79-16, Alexander Road. A change order was requested for Alexander Road construction under Improvement #79-16 deduction with the August 5, 1980 Council action regarding removal of material. The change order recommended for approval was in the amount of $27,450 with Minnesota Valley Surfacing Company. 4. Improvement #80-1, Eden Addition Utilities. A change order providing that Erickson Construction, Inc., be authorized payment in the sum of 57,704 for finish grading in Eden Addition which costs will be assessed to the benefited property was recommended for approval. 5. Improvement #79-4, Highline Trail Phase I. The City Public Works Director recommended approval of the final payment for Improvement #79-4 to McNamara Vivant Contracting Company in the sum of $5,922.43 and that the Highline Trail Phase I be accepted for perpetual maintenance by the City. .6. Receptionist Resignation. It was noted that Wendy Miedema has submitted her resignation as cashier-receptionist for the City and it was recommended that Tami Goddard be appointed in that position. All members voted in favor. ST. FRANCIS WOOD FASE'rENT VACATION HEARING The Mayor convened the public hearing regarding the request of the developer of St. Francis Wood to vacate drainage and utility easements along common lot lines in St. Francis Wood Phase II due to the proposed replatting of St. Francis Wood 2nd Addition. There were no objections to the vacation. Smith moved, Parranto seconded the motion, to approve the vacation of the easements as requested and to authorize the execution of the resolution complying with the vacation proceedings. All voted yes. R 80-73 CLEARVIEW 3RD ADDITION PRELIMINARY PLAT The application of Joe Peterson for preliminary plat approval of Clearview 3rd Addition located on Lot 1, Block 1, Clearview Addition was next considered. The APC recommended approval subject to conditions. Mr. Peterson was present and there were no objections to the application. Wachter moved, Egan seconded the motion, to approve the application for preliminary plat approval with the understanding that the engineering staff will work with the developer to determine the proper drainage from the pond on the three proposed lots and further subject to the following conditions: 1. A drainage and utility easement shall be dedicated to incorporate the 916.0 contour elevation. 2. A grading, drainage, and erosion control plan must be submitted and approved by the Engineering Division prior to final plat approval. 3. Typical 10-foot drainage and utility easements shall be provided adjacent to all public right-of-way and centered over common lot lines. 4. A 10-foot drainage and utility easement centered over the existing storm sewer outfall from Beecher Drive shall be dedicated as a part of this plat. 5. The ponding area shall provide for 5.0 acre feet of storage capacity. Council Minutes September 2, 1980 Page Four OC 21.1 6. Minimum basement floor or walkout elevation shall be maintained at 919.0. Any elevation below this must be reviewed and approved by the building inspector. 7. That the seller notify buyers of lots of storm sewer elevations imposed by the City. All voted in favor. D 80-78 R.L. JOHNSON 1ST ADDITION VARIANCE The application of R. L. Johnson for variance from the 35% lot coverage requirement located on Lot 1, R. L. Johnson 1st Addition was next considered. Representatives of R. L. Johnson were present and reviewed with the Council the request to increase the lot coverage from 35% to 40.7%. It was noted that the 64,000 square foot warehouse addition proposed to be added to the 151,980 square foot existing office-warehouse structure wa's located in a position not visible from Highway #13 and there were no objections from surrounding property owners. The APC recommended approval subject to conditions. Wachter moved, Parranto seconded the motion to approve the application because of its isolated location, the small amount of parking demand for the existing and proposed uses, subject to the following: 1. That a detailed site plan of the existing building, the building addition, parking and landscaping be approved by the City staff. 2. All easements shall be required per recommendations of City staff. 3. The parking area shall be surfaced and concrete curbing be provided around the perimeter of the parking lot. 4. A $2,000 landscaping bond shall be required and not released until one year after the landscaping has been completed. 5. A grading and drainage plan be approved by the Engineering Division prior to final plat approval. 6. The existing 8" watermain within this property shall be extended to the southwest property line for future extension and looping and that a 15' easement centered over this watermain be dedicated. 7. That the owner will provide sufficient off-street parking for anticipated uses of the building. Those in favor were Blomquist, Wachter, Parranto and Egan. Against was Smith, indicating that he felt that the ordinance should be adhered to and that there was no hardship involved. Council Minutes September 2, 1980 r~~r Page Five 06212 IDR MORTGAGE YANKEE SQUARE OFFICE II An application from Martin and Vernon Colon for industrial revenue financing in the sum of S995,000 to construct an office building consisting of Yankee Square Office II on Yankee Square Shopping Center was next submitted. Martin and Vernon Colon were present and recommended that the Council set a public hearing regarding the application. Parranto moved, Wachter seconded the motion to accept the appli- cation and set a public hearing for the October 7, 1980 City Council meeting at 7 p.m. at the City Hall and order publication of the notice. All voted yes. IDR MORTGAGE YANKEE SQUARE OFFICE III The next application from Martin and Vernon Colon for IDR financing in the sum of $1,095,000 for Yankee Square Office III was next reviewed. Egan moved, Parranto seconded the motion to accept the application as submitted and set a public hearing before the City Council on October 7, 1980, at 7 p.m. at the City Hall. All voted yes. IMPROVEMENT 4680-28 DEEP WELL #6 The plans and specifications for Deep Well #6 consisting of Improvement #80-28 were submitted by the City Engineer and recommended for approval. Wachter moved, Smith seconded the motion to approve the plans and specifications for Improvement #80-28 and order the Clerk to advertise for bids to be opened on September 25, 1980, at 3:00 p. m. at the City Hall. WALDEN HEIGHTS ADDITION REVISED PLAT Mr. Glen Hampton from Northwestern Bell Telephone Company was present to discuss with the Council the proposal of Northwestern Bell for the location of three sub- scriber stations on three different locations within the City in order to improve the telephone service within the City, and in proposed Walden Heights Addition. It was noted that Northwestern Bell has exceeded its capability for providing private lines due to the growth of the City and it is necessary to install additional facili- ties. There were questions concerning the existing service facilities in the City and the Council encouraged the telephone company to expand its service at the earliest possible time. There was discussion about the event of the telephone company abandon- ing the buildings and the sites and the disposition of the small parcels in the event of such abandonment. Parranto moved, Smith seconded the motion, to approve the re- vision of the preliminary plat of Walden Heights according to the following recom- mendations: 1. An architectural plan and site plan shall be approved by City staff prior to the construction of the building. 2. Lot 4 shall only be used for a utility building. 3. All easements shall be required in accordance with the recommendations of the City staff. All members voted in favor. D 80-79 Council Minutes September 2, 1980 Page Six UG213 NORTHWESTERN BELL SUB SCRIBER STATIONS After considerable discussion concerning the proposed subscriber station loca- tions, Parranto moved, Smith seconded the motion to approve the three sites for the subscriber stations subject to the following: 1. At such time as Northwestern Bell ceases to use any one or more of the facilities that Northwestern Bell would offer to donate without cost to the City the building and land for each site to the City prior to the disposition of the site. 2. That the staff will resolve the exact location to its satisfaction of the subscriber station on Wildwood Lane. 3. Staff shall approve detailed landscape plans and architectural plans for each structure when the building permit is requested. 4. All driveways shall have asphalt surfacing and concrete curbing. 5. The location shall only be used for the proposed subscriber buildings and no other material shall be stored on the site. 6. Easements shall be dedicated to the City as determined by the City staff. 7. Each location which is not on an individual platted lot shall be platted when the surrounding area is platted. 8. Zoning shall comply with most compatible surrounding zoning for each site. All voted in favor. IMPROVEMENT #80-13 1980 SEAL COATING The contract with G & L Seal Coating, Inc., in the amount of $89,362.23 for Improvement #80-13 consisting of the 1980 seal coating project was submitted for approval. Egan moved, Wachter seconded the motion to authorize execution of the contract. All voted in favor. IMPROVEMENT #80-20 NORTHVIEW SCHOOL UTILITIES The bid opening for Improvement #80-20 was held on August 28, 1980, and the bid tabulation sheet was submitted for the Council review. It was recommended that the low bidder, Richard Knutson, Inc., be awarded the contract in the sum of 8348,987.10. Wachter moved, Egan seconded the motion to approve the award of the contract to Richard Knutson, Inc. All voted in favor. Council Minutes r~ September 2, 1980 Q C 214 Page Seven IMPROVEMENT #80-27 BRITTANY 2ND AND 3RD UTILITIES The bid opening for Improvement #80-27 consisting of Brittany 2nd and 3rd Additions utility improvements took place on August 28, 1980 and the bid tabulation sheet was submitted to the Council. The recommendation was that the award be made to the low bidder, McNamara Vivant Constracting, Inc., in the sum of $162,636. Smith moved, Wachter seconded the motion to approve the award of the contract to McNamara Vivant Contracting as recommended. Those in favor were Blomquist, Wachter, Fgan and Smith. Parranto abstained. IMPROVEMENT #80-19 TWIN VIEW MANOR UTILITIES The bid tabulation sheet for the bids for Improvement #80-19 consisting of utilities in the Twin View Manor Addition was submitted to the Council. The bids were'received on August 29, 1980. The Director of Public Works and City Engineer recommended that the award be made to Sandmark Construction Company in the sum of $164,279.50 which is the low bid. Smith moved, Parranto seconded the motion, all voted in favor, to approve the award to Sandmark Construction Company as recommended. All voted yes. IMPROVEMENT #80-16 GALAXIE AVENUE The contract with Enebek Construction Company in the amount of $174,519.50 was submitted for approval. Smith moved, Parranto seconded the motion to approve the execution of the contract with Enebek Construction Company. All voted in favor. RON BRUESTLE FISH LAKE STORM SFWFR A request to Mr. Ron Bruestle for payment of damages in the sum of 53,436 from the City due to high water from Fish Lake was submitted for review by the Council. The Council was concerned about precedent and asked the staff to review the issue further. LOCAL GOVERNMENT DAY The League of Minnesota Cities requested that each city designate a Local Government Day in the community and the Council discussed the proposed dedication of the Rahn Thomas Trail on Local Government Day. Wachter moved, Blomquist seconded a motion to designate October 21, 1980, as Local Government Day and that dedication of Rahn Thomas Trail will be made at that time with the Administrator to invite former Park Committee members to the dedication ceremony. All voted yes. CABLE TV COMMITTEE Mr. Hedges reviewed the request of Mr. Ron Johansen to become a member of the Cable TV Committee. Smith moved, Wachter seconded the motion to include Ron Johansen on the Cable TV Committee as requested. All voted yes. Council Minutes September 2, 1980 Page Eight O c. 215 AUGUST 5, 1980 MINUTES A revision to the August 5, 1980 minutes regarding Windtree Addition final plat was next submitted. for inclusion in the August 5 minutes by the city Admini- strator as follows: "The next application concerned the application of Niakwa Corporation for final plat approval of Windtree Addition. It was noted that Windtree Addition is the first phase of development of the Windtree development and it was recommended that the developer be required to post a cash escrow pending completion of park dedication and further complaince with all other conditions of the Planning Commission. Smith moved, Wachter seconded the motion to approve the final plat conditioned upon posting the cash escrow for park purposes and compliance with necessary ordinances and conditions for approval of the plat. All voted in favor." Egan moved, Wachter seconded the motion, to approve the inclusion in the minutes. All members voted yes. METRO COUNCIL COMPRFHFNSIVE GUIDELINES A letter from Kevin Fide of the City Attorney's office concerning the authority of the Metro County to determine guidelines for approval of the revisions to the City's Comprehensive Plan and the schedule submitted by Dale Runkle regarding hearings on the plan were reviewed by the Council. Councilmembers suggested that legislation be submitted to clarify the role of the Metro Council in the Comprehensive Plan revision area and further determine the implications of not getting approval from the Metro Council for extension of submission of the Eagan Comprehensive Plan. Blomquist moved, Egan seconded the motion that the City Administrator be instructed to contact Representative Kempe and Senator Knutson regarding the concerns of the Council in this respect and ask for a response from them as to proposed direction in the next legislative session. All voted in favor. PARATRANSIT COMMITTEE Betty Schaumberg, a representative from the City to the local Paratransit Committee was present and gave a preliminary report on some of the findings and asked for Councilmember's proposals regarding alternates for ride sharing. She explained the future meeting schedule and Councilmembers requested updates from Mrs. Schaumberg concerning progress by the Committee. IMPROVFMENT CONTRACTS APPROVAL The following contracts were upon motion by Smith, seconded Parranto, approved and authorized for execution. 1. Contract #80-22, Cedar Cliff Phase II to Sandmark Construction, Inc. 2. Thomas Lake Park Trail, Phase II, #80-23, to Barber Construction Co. 3. Briarhill, Improvement #80-6, to.Richard Knutson, Inc. All voted yes. Council Minutes September 2, 1980 OC216 Page Nine RICHARD HFRMANN CONCILIATION COURT COMPLAINT The City Attorney submitted a proposed complaint to be submitted to the Dakota County Conciliation Court regarding a claim against Richard Hermann for destruction of hockey boards in Carnelian Park and recommended approval by the Council. Parranto moved, Egan seconded the motion, all voted in favor, to approve the complaint. ART RAHN ADDITION DEVELOPMENT AGREEMENT A request from the developer of Art Rahn Addition was submitted requesting that the future assessments for Blackhawk Road be assessed against all of the lots in the subdivision rather than being added to the development contract escrow account. Noting that the costs of each lot will be increased for the future Blackhawk street improve- ments in any event, Smith moved, Egan seconded the motion, to approve the change in • policy as agreed upon by the developer and owner. All voted in favor except Parranto who abstained. SHADE TREE PROGRAM The City Administrator recommended to the Council that a Reforestation Advisory Committee be set up with the Park Advisory Committee acting as the committee within Eagan according to the recommended state requirements. Blomquist moved, Parranto seconded the motion to approve the recommendation of the City Administrator. All members voted yes. CENSUS BUREAU Mr. Hedges reported that after a review by the Census Bureau, the revised census for the City had now been increased about 400 persons to 20,700 for 1980. BLACKHAWK LAKE STORM SEWER OUTLET The Council again discussed the proposed plan for the construction of the outlet from Blackhawk Lake northerly to the Minnesota River and it was noted that the Council had closed the hearing at an earlier time and had ordered in the project. After discussion, Smith moved, Parranto seconded the motion, to authorize the City Engineer to prepare the plans and specifications for the project. All voted in favor. BEACON HILL ADDITION ASSESSMENTS A letter from Dunn & Curry requested that the City defer for one year the assessments in the Beacon Hill project in return for Dunn & Curry's letter of guaran- tee and letter of credit assuring payment of the assessments which would begin in March of 1981. There was concern by the Council concerning a precedence that would be set, the possibility of lots being sold in the interim, and no action was taken by the Council for reasons including those above. Council Minutes September 2, 1980 Page Ten 0621.7 ZONING MAP FOR LOT BUYERS Smith moved, Egan seconded the motion, to require each developer to provide in its development agreement that zoning information be included , including a zoning map to be submitted and available for purchasers of lots and homes for purposes of clearly understanding the nature of future proposed development around each new subdivision. All voted in favor. GARAGE BUILDING PERMITS The Councilmembers discussed the problem of avoiding second garages or pole building garages on lots where an additional garage has already been constructed. Parranto moved, Smith seconded the motion, to direct the City Attorney to prepare an amendment to the appropriate ordinance to define a residential garage and require that second garages on residential lots be granted building permits only upon written consent of surrounding owners or consent of the City Council. All voted in favor except Wachter who voted no. IMPROVEMENT #80-28 1980 TELEVISION INSPECTION PROJECT City Public Works Director Colbert reviewed with the Council the bid tabulation sheet covering Improvement #80-28 consisting of the bids for the 1980 utility television inspection project for both existing and new utility projects in the City. It was noted that the low bid came from Clearwater Research, Inc., in the sum of $14,993.60 with the second low bid from PSG - Professional Service Group for $15,600. Mr. Colbert stated that the bid from Clearwater Research indicated $1 per running foot for the first portion of the project and $.05 per running foot in the later stages. He indicated that the City Council had not budgeted sufficient funds for the first portion of the project for existing utility lines intended to be completed in 1980 and that the bid specifications clearly spread out the work to be accomplished in 1981. Mr. Colbert recommended against award to the low bidder, Clearwater Research, for the reason mentioned above, further that the bid was not consistent with the speci- fications and plans, that there would be a distinct threat that the contractor would not have incentive to complete the job if paid by far the bulk of the amount of the inspection work in the early stages, that it was his opinion that the bid did not meet the specifications and was not a good faith bid by Clearwater Research and that the bid should be rejected. He further recommended that the second low bid of PSG- Professional Service Group is only $600 higher and should be approved. Blomquist moved, Smith seconded the motion to reject the low bid for the reasons including those mentioned above and to accept and award the contract to PSG-Professional Service Group for $15,600. All voted in favor. ASSESSMENT COMMITTEE MEETING The Mayor scheduled an Assessment Committee meeting to be held on September 11, 1980, at 6:00 p.m. at City Hall. SPECIAL COUNCIL MEETING The Mayor set a special Council meeting for September 11, 1980, at 7 p.m. to discuss the proposed budget. Council Minutes September 2, 1980 ~r Page Eleven 00218 VOUCHERS Upon motion by Blomquist, seconded Egan, all voting in favor, it was RESOLVFD that the following vouchers be approved: 1136-1145; 10890-10968; 16291-16375. All voted yes. ADJOURNMENT The meeting adjourned at 11:15 p.m. PHH Dated: September2, 1980 Alyce B ke, City Clerk