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09/06/1983 - City Council Regular 00248 MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 6, 1983 A regular meeting of the Eagan City Council was held on Tuesday, September 6, 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, Public Works Director Colbert and City Attorney Keller. AGENDA Smith moved, Wachter seconded the motion to approve the Agenda as pre- pared. All voted yes. MINUTES Wachter moved, Egan seconded the motion to approve the Minutes for August 16, 1983 amending the dates for the special City Council meetings shown on page 4 to indicate August 30 and August 23, instead of September 30 and September 23, 1983. All voted in favor. CABLE COMMITTEE MEMBER RECOGNITION Mayor Blomquist presented plaques containing certificates of appreciation for five Committee members: Rick Bertz, Barry Tilley, Jim Smith, Ron Voracek and Lloyd Krob. Lloyd Krob was not present to accept his plaque. FIRE DEPARTMENT Upon motion by Wachter, seconded Thomas, the low bid of $7,325.00 by Les Jones Roofing, Inc. for the reroofing of Fire Station #1 was approved along with the removal of the old siren tower at an additional cost of $250.00. All voted yea. ADVISORY PARKS AND RECREATION COMMITTEE Chairman Roger Martin was present, along with Director of Parks and Recreation, Ken Vraa, to update the Council on the recent grant for Rahn Park in the amount of $79,500.00. Mr. Martin also indicated that there were very good prospects for a similar type of grant for Fish Lake Park. Mr. Vraa described how the new park plan had resulted in additional points necessary for the competition for the Lawcon grants. Upon motion by Egan, seconded Wachter, the Mayor was authorized to execute the Agreement for Rahn Park Lawcon Grant. All voted in favor. 1 00249 Council Minutes September 6, 1983 CONSENT AGENDA The following Consent Agenda items were submitted by staff and recom- mended for approval: 1. Contractors' Licenses. Contractor's Licenses for seven general contractors and two heating and ventilating contractors were recommended for approval by the Chief Building Inspector. 2. R. K. Bolkcom Sanitation Service. The license application fee has been paid and the application is in order for a rubbish haulers license which was submitted by Russell Bolkcom, 4539 Scott Trail in Eagan. 3. Project #387 - Lexington Place - Utilities. Staff recommended that the feasibility report for Project #387 be received and approved by Council with the recommendation for public hearing to be held October 4, 1983 at 7:00 p.m. at the City Hall. 4. Project #388 - Suncliff 1st Addition - Streets and Utilities. A Petition was submitted from Advance Developers, Inc. requesting the prepara- tion of the feasibility report and detailed plans and specifications for the installation of streets and utilities for the first phase of Suncliff Addi- tion. It was recommended it be received and that the consulting engineer be authorized to prepare a feasibility report. 5. Project #389 - Meadowlark Road - Streets. A petition and location map has been submitted by the Board of Directors of Meadowlark Townhouse Association requesting the completion of the street and cul-de-sac on Meadow- lark Road. Staff has recommended that the Petition be received and a feasi- bility report for Project #389 be prepared. 6. Senior Citizen Deferral Application. Application for deferral of assessments associated with Project #302 was submitted by Mrs. Eugene Napier located at 988 Blue Gentian Road. Staff recommended favorable consideration of the application of Mrs. Napier who meets all the qualifications of Section 2.75 of the City Code pertaining to senior citizen deferment of special assessments. 7. Budget Hearing. September 20, 1983 was recommended as the date for a hearing to consider the proposed 1984 Budget. 8. City Hall Radio Tower. Staff has recommended that the radio tower at the existing City Hall be declared as surplus property and that the City Clerk be directed to advertise it for sale. 9. Consideration of Hiring Craig'Jensen as Public Works Maintenance Employee. Staff recommended approval of the hiring of Craig Jensen as a Public Works maintenance employee, subject to successful completion of a physical examination. 2 00250 Council Minutes September 6, 1983 Upon motion by Smith, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved and authorized to be implemented with the exception of item 2, the Rubbish Haulers License for R. K. Bolkcom Sanitation Service. All members voted yes. Upon motion by Blomquist, seconded Smith, item 2 was continued until further information is received regarding the storage of sanitation trucks within residential areas. All voted in favor. PHYSICAL FITNESS REQUIREMENT FOR NEW CITY EMPLOYEES City Administrator Hedges advised the Council on the proposal to require physical examinations for new City employees, with the intent of reducing insurance and workers compensation costs. Upon motion by Wachter, seconded Egan, it was resolved that all candidates being considered for future City employees would be required to take physical examinations, including a medical history prior to acceptance for employment. All voted yea. PROJECT #343 - FINAL ASSESSMENT HEARING BRIAR HILLS 4TH ADDITION A public hearing regarding the final assessments for the Briar Hills 4th Addition, streets and utilities, under Project #345 was convened by the Mayor. There were no objections to the project. Mr. Colbert reviewed the assessment roll as proposed. Smith moved, Thomas seconded the motion to close the hearing and approve the final assessment roll and authorize certification to the County Auditor. All members voted yea. PROJECT #350 - FINAL ASSESSMENT HEARING OSTER ADDITION/TREFFLE ACRES The final assessment hearing for Project #350 covering the streets and utilities for Oster Addition and Treffle Acres was convened by the Mayor. Mr. Colbert explained the roll in some detail. Mr. John O'Toole requested infor- mation regarding spread of payments over 5 years. There were no objections. Upon motion by Egan, seconded Wachter, it was moved to close the public hearing, approve the final assessment roll and authorize certification to the County Auditor. All voted yes. PROJECT #352 - FINAL ASSESSMENT HEARING STORLAND ROAD/NORVIN OAKS ADDITION Mayor Blomquist convened the public hearing for Project #352 covering watermain for Storland Road and Norvin Oaks Addition. Mr. Colbert reviewed the assessment roll as proposed. There were no objections. Thomas moved, Smith seconded the motion to close the hearing and order in the final assess- ments and authorize certification to the County Auditor. All voted in favor, except Wachter who abstained. 3 00251 Council Minutes September 6, 1983 PROJECT #360 - FINAL ASSESSMENT HEARING TOWERVIEW ROAD - STREETS The Mayor convened the final assessment hearing for Project #360 covering West Towerview Road streets. There were no objections to the project and Mr. Colbert explained the roll in some detail. Wachter moved, Egan seconded the motion to close the hearing and approve the final assessment roll and autho- rize certification to the County Auditor. All voted in favor. PROJECT #362 - FINAL ASSESSMENT HEARING TOMARK 2ND ADDITION - STREETS & UTILITIES The Mayor convened the public hearing regarding the final assessments for Tomark 2nd Addition, streets and utilities, under Project #362. There were no objections to the project. Mr. Colbert reviewed the assessment roll as pro- posed. Smith moved, Thomas seconded the motion to close the final hearing and approve the final assessment roll and authorize certification to the County Auditor. All members yes. PROJECT #364 - FINAL ASSESSMENT HEARING BRITTANY 4TH ADDITION - TRUNK WATERMAIN The final assessment hearing for Project #364 covering trunk watermain on Brittany 4th Addition was next convened by the Mayor. There were no objec- tions to the project and Mr. Colbert explained the roll in some detail. Wachter moved, Egan seconded the motion to close the hearing and approve the final assessment roll and authorize certification to the County Auditor. All voted in favor. PROJECT #365 - FINAL ASSESSMENT HEARING NORTHVIEW MEADOWS - TRUNK WATERMAIN & SANITARY SEWER The public hearing regarding the final assessments for Northview Meadows trunk watermain and sanitary sewer under Project #365 was convened by the Mayor. Director of Public Works Colbert presented a summary tabulation of the final assessment rates and indicated that all notices had been published in the legal newspaper and sent to the affected property owners informing them of this hearing. The Council had previously approved deferment for liability of assessments until connection was made for certain property owners signing an agreement to that effect. Mr. Mike King of 861 County Road #30 appeared and requested information regarding the basis for his assessment. Mr. Colbert responded to the question. Mr. Bob Foss appeared and received a response to his question regarding sanitary sewer. There were no objections. Egan moved, Wachter seconded the motion to close the hearing and approve the assessment roll and authorize certification to the County Auditor. All voted yes. 4 00252 Council Minutes September 6, 1983 PROJECT #240 - FINAL ASSESSMENT HEARING DREXEL HEIGHTS ADDITION - STREETS Mayor Blomquist convened the final assessment hearing for Project #240 covering the streets within Drexel Heights Addition. Several land owners appeared in regard to this hearing requesting information as to amounts pre- viously paid for assessments and what must be paid subsequent to approval of this assessment. Mr. John Koenig appeared on behalf of Pilot Knob Properties with written objections to the assessment as proposed and advised that a court hearing was to be held September 7, 1983 at 9:00 a.m. in regard to legal action in process, relative to this matter. Smith moved, Egan seconded the motion to continue the hearing to October 18, 1983 at 7:00 p.m. at the City Hall, with no additional notices for final hearing. All members voted yea. PROJECT #315 - WELL SITE #5 - TRUNK STORM SEWER Mayor Blomquist next convened the hearing regarding Project #315, Well Site #5, trunk storm sewer. Director of Public Works Colbert advised the Council of problems with notification of the Contract for Deed Vendee, Mr. Don Larson of Parkview Golf Course. He also indicated that the neighboring Ohman farm was classified as green acres and discussed the funds available or not available from the trunk storm sewer fund. Mr. Don Larson appeared and indi- cated his desire to continue to operate the land as a golf course and des- cribed the efforts he had made to control waterflow across the 18th hole fairway. He also objected to the project as described. Two representatives of the Ohman property also appeared and objected. Smith moved, Egan seconded the motion to continue the hearing to October 4, 1983. All voted yes. It was requested that staff reconsider the project and come back to the Council at that time considering the Council's concerns not to force the golf course or farm out of business, the possibility of a smaller project, the preference not to assess the Ohman proprty, the possibility of an agreement with the County as the result of the contribution of the County Road. PROJECT #380 - SUNSET 2ND ADDITION The next hearing convened by the Mayor concerned Project #380, Sunset 2nd Addition, storm sewer. The owner/developer requested a continuance of this hearing to September 20, 1983 due to the possiblity of private installation of storm sewer. Egan moved, Wachter seconded the motion to continue the hearing to September 20, 1983. All members voted in favor. 5 00253 Council Minutes September 6, 1983 RIDGECLIFFE - VACATION OF EASEMENTS The public hearing regarding the vacation of drainage and utility ease- ments over portions of Ridgecliffe 1st and 4th Additions was convened by Mayor Blomquist. Director of Public Works Colbert requested that the Council con- tinue the easement vacation hearing to October 4 to insure that the property is replatted to provide for replacement of the easements to be vacated. Smith moved, Wachter seconded the motion to continue the hearing to October 4, 1983. All voted yes. PROJECT #297 - HORNE ASSESSMENT APPEAL The Horne assessment hearing was next convened by the Mayor. Director of Public Works Colbert advised the Council that this item was to have been on the Council agenda so that the matter might be continued. Egan moved, Wachter seconded the motion to continue the hearing to September 20, 1983. All voted in favor. REVISED PRELIMINARY PLAT - KNOB HILL OFFICE SITES The first item of old business concerned the application of Edmund B. Dunn for a revised preliminary plat of Knob Hill office sites. Discussion centered around the Declaration of Covenants and Restrictions requested by the Council at the hearing on August 2, 1983 prior to approval of the revised preliminary plat. Staff had not had an opportunity to review the draft Decla- rations submitted due to its arrival on the afternoon of the hearing. Blom- quist moved, Egan seconded the motion to continue the application to September 20, 1983 and recommended the staff work out the final details of the Declara- tions specifically as they relate to street maintenance, snow removal, and upkeep of developed and undeveloped lots. All voted yea. COUNTRY STANDARD SERVICE STATION - PERMIT RENEWAL The applicastion for conditional use permit renewal for Country Standard Service Station which had caused considerable concern amongst neighboring landowners was next considered. Several conditions had been agreed upon after several meetings with neighboring owners, Mr. Maclntyre, and City Planner Dale Runkle. Wachter moved, Egan seconded the motion to approve the conditional use permit application subject to the following conditions: 1. All of the conditions originally established for the conditional use permit of George Huber's station be incorporated into the conditional use permit. 2. The existing hours of the station which are 6:30 a.m. to 9:30 p.m. shall be changed to allow the operation from 6:00 a.m. to 9:00 p.m. with the exception of weather or emergency situations. 6 00254 Council Minutes September 6, 1983 3. Signs shall be posted on the premises stating that there will be no truck parking without permission. 4. There will be no operation of diesel equipment, including refrigera- tion units after 7:00 p.m., and only very minor repairs and operations will be allowed on Saturday mornings, with the understanding that this would not be intrusive to the neighborhood. 5. The landscape plan approved by the residents and Mr. Maclntyre shall be completed within one year of the time the conditions have been approved. 6. There shall be no storage of tractor-trailers overnight except those which are being serviced by Country Standard. There shall be no more than 4 allowed to be stored at any one time overnight with the exception of an emergency or an unusual condition. All voted yes. Turn lanes on to Highway #13 from LeTendre were also discussed and upon motion by Smith, seconded Thomas, the staff was directed to investigate the feasibility of such turn lanes. All voted in favor. NATIONAL ADVERTISING CONDITIONAL USE PERMIT FOR OUTDOOR ADVERTISING SIGN The Council next considered the conditional use permit application from National Advertising for an outdoor advertising sign on Trunk Highway #77. City Administrator Hedges advised the Council that a representative of National Advertising had contacted the City and requested that this item be continued due to serious illness. Wachter moved, Egan seconded the motion to continue the application to October 4, 1983. All members voted yea. NAEGELE OUTDOOR ADVERTISING CO. - CONDITIONAL USE PERMIT OUTDOOR ADVERTISING SIGN Council then considered the application for conditional use permit from Naegele Outdoor Advertising Co. for an outdoor advertising sign on Trunk Wighway #77. Mr. Hedges indicated that no one was present on behalf of Naegele with the understanding that the Naegele and the National Advertising sign would be discussed at the same meeting. Egan moved, Smith seconded the motion to continue the matter to October 4, 1983. All voted yes. 7 Council Minutes 00255 September 6, 1983 SENIOR CITIZEN - FIRST TIME HOME BUYER PROGRAM Representatives of Miller & Schroeder Municipals, Inc. were present to discuss the Senior Citizen/First Time Home Buyer Program, indicating that West St. Paul was to construct the housing for the elderly with $3,000,000.00 to be available for first time home buyers in Eagan. It was indicated that bonds would be issued in mid-November and mortgage money possibly available early next year. Upon motion by Smith, seconded Thomas, it was resolved that the program be approved with mortgage funds available on a City-wide basis for both new and used homes with no specific developer intended; further, that criteria were to be based upon those used for the last low-interest tax exempt mortgage program issued by the City. All voted yea. REZONING & PRELIMINARY PLAT - HORSE RACING TRACK FACILITY The first item of new business concerned the application of Laukka-Beck and the Minnesota Jockey Club, Inc. for preliminary plat approval and rezoning of 458.1 acres to include a race track facility, retail office and office showrooms. At the Mayor's request, this hearing was recorded and such re- cording is a part of these Minutes pursuant to City Policy. Mr. Peter Jarvis made a summary presentation on behalf of Laukka-Beck and Minnesota Jockey Club, Inc. Many points of concern were discussed, including zoning, platting, development contract, traffic comparisons with other race tracks, industrial revenue bond financing, and tax increment financing. It was suggested that the City staff review social and economic implications of the proposed horse racing facility and a report be submitted for future consideration by the City Council. Concerns were raised by Mayor Blomquist and other councilmembers regarding issues relating to comparable race facilities throughout the country and the Mayor suggested a continuance to allow additional information to be acquired. Upon motion by Egan, seconded Wachter it was resolved to continue the matter for consideration of the application until September 20, 1983 with staff to provide additional information including comparisons with similar race tracks and the need to amend the Comprehensive Guide Plan. All members voted in favor. TELECOMMUNICATIONS SYSTEM - AWARD CONTRACT City Administrator Hedges presented to the Council the bids received for a new telecommunications system to be installed in the new Eagan Municipal Center facility. Upon motion by Smith, seconded Wachter it was resolved to approve the low bid of Executone in the amount of $29,283.00, which is within the approved budget and to allow for the method of payment to be determined at a later date. All voted yes. ADVERTISEMENT FOR BIDS - FLOOR COVERING & FURNISHING EAGAN MUNICIPAL CENTER Jack Boarman was present and presented to the Council the proposed color- ation of carpeting, tile, files, screens and chairs proposed for the new Municipal Center. Upon motion by Wachter, seconded Thomas it was resolved to authorize the advertisement of bids by the City Clerk for the recommended furnishings. All voted yea. 8 Council Minutes OO256 September 6, 1983 CONTRACT #83-13 - PARK RIDGE TRUNK WATERMAIN AND ROBERT B. LEWIS SANITARY SEWER The Council reviewed the bids received for Contract #83-13, Park Ridge watermain and Robert B. Lewis House sanitary sewer. Upon motion by Egan, seconded Wachter it was resolved to continue consideration of bids received and subsequent award of contract until September 20, 1983 when the public hearing for Project #385 will have been completed. All members voted yes. CONTRACT #83-14 - ADVERTISEMENT FOR BIDS WALDEN HEIGHTS - TRUNK STORM SEWER The Council then considered the detailed plans and specifications for Contract #83-14, Walden Heights trunk storm sewer. Upon motion by Smith, seconded Wachter it was resolved to approve the detailed plans and specifica- tions for the Walden Heights trunk storm sewer, Contract #83-14 and authorize the advertisement for bids to be opened at 10:30 a.m. on Thursday, September 15, 1983 at City Hall. All voted in favor. CONTRACT #83-15 - ADVERTISEMENT FOR BIDS LEXINGTON PLACE - UTILITIES The detailed plans and specifications for the installation of utilities in Lexington Place for Contract #83-15 were considered by the Council. Director of Public Works Colbert recommended approval of the detailed plans and specifications for installation of utilities in Lexington Place prepared under Contract #83-15. He also advised that the owner of Carriage Hills Golf Course had not approved an easement crossing a 16 1/2 foot cartway. Egan moved, Thomas seconded the motion to approve the plans and specifications for Contract #83-15 and authorize the advertisement for bids with a bid opening to be held at 10:30 a.m. on Thursday, September 29, 1983 at City Hall; further, that the City Attorney be authorized to proceed with Condemnation, if neces- sary, for the crossing of the 16 1/2 foot strip of land owned by William Smith with an agreement to be entered into with the benefited developers to pay for the cost for the acquisition of such easement. All voted yes. GRADING PERMIT APPLICATION - SUNCLIFF 1ST ADDITION The Council considered the grading permit application from Advance Developers, Inc. for grading and excavation of Suncliff 1st Addition. Wachter moved, Smith seconded the motion to approve the grading/excavation permit submitted by Advance Developers, Inc., necessary for the development of Suncliff 1st Addition submitted to comply with all City requirements. All members voted yea. 9 00257 Council Minutes September 6, 1983 STOP SIGN PETITION - BURNSIDE AVENUE & EAGAN AVENUE A Petition requesting installation of stop signs on Burnside Ave. at the intersection with Eagan Avenue was reviewed. City Engineer recommended a two- way stop rather than a four-way stop. Upon motion by Thomas, seconded Egan, it was resolved to approve two stop signs for only one of the streets, until such time as it shall be determined that a four-way stop would be necessary. All voted yea. CONTRACT #82-13 - FINAL PAY REQUEST Staff has recommended approval of the final payment and acceptance for perpetual maintenance after having made final inspections under Contract #82- 13 consisting of trunk watermain in Brittany 4th Addition. Egan moved, Thomas seconded the motion to approve the final payment of $3,412.85 for Contract #82-13 to Encon Utilities, Inc. and to accept the related improvements for perpetual maintenance. All voted in favor. TRUNK AREA SANITARY SEWER ASSESSMENT RATE POLICY REVISION The staff advised the City Council that one developer had requested con- sideration and discussion pertaining to the funding requirements for acquisi- tion of easements necessary for the extension of all trunk-related utilities and/or streets for Project #361 and all future projects that may be impacted. Council resolved to retain the procedure presently being utilized and gave staff no direction for future change. VERMILLION RIVER WATERSHED RESOLUTION Upon motion by Wachter, seconded Egan, it was resolved to approve the resolution requesting the deletion of Eagan from the Vermillion River Water- shed District and authorize the Mayor and City Clerk to execute the Resolution presented. All voted yes. R 83-56 LOT VARIANCE - DAVID AND NANCY CRANE It was brought to the Council's attention that David and Nancy Crane were requesting a variance for the construction of a home on a lot in Oak Chase. It was pointed out by Mayor Blomquist that Mr. and Mrs. Crane are attempting to construct a house on a lot in Oak Chase which has very serious topographi- cal hardships at the corner of Oak Chase Circle and Oak Chase Road. Upon motion by Smith, seconded Egan it was resolved to approve the variance prior to public hearing only after approval of the variance by neighboring land owners. All voted yes. 10 00258 Council Minutes September 6, 1983 AIRPORT NOISE It was brought before the Council that Tim Anderson had advised City residents that the Metro Airports Commission had again conducted a new experi- ment with air flight patterns over the City of Eagan. There was discussion regarding the possibility of Eagan residents joining in a class action or intervening in a class action suit against the airport. It was requested that legal staff advise the Council as to recommended courses of action to take. CHECKLIST Wachter moved, Blomquist seconded the motion to approve the following checklist: September 6, 1983 All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:20 p.m. All voted in favor. DGK ^ 1 . City C ~rk 11