12/02/1986 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
DECEMBER 2, 1986
A regular meeting of the Eagan City Council was held on Tuesday, December
2, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor
Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present
were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner
Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City
Attorney Paul Hauge.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as
presented. All voted in favor.
MINUTES
November 18, 1986 - Regular City Council Meeting. Egan moved, Ellison
seconded the motion to approve the minutes as presented without correction.
All voted yes.
November 13, 1986 - Joint APC and City Council Meeting. Ellison moved,
Wachter seconded the motion to approve the minutes as prepared and
distributed. All members voted yea.
VOLUNTEER FIRE DEPARTMENT
City Administrator Tom Hedges introduced newly elected Fire Chief Ken
Southorn who had been elected by the Fire Department members for a three-year
term. In addition, he stated that Dick Schindeldecker had been re-elected
District Chief for District #2 and that David Diloia had been elected for a
two-year term as District Chief for District #1. Mr. Southorn and Mr. Diloia
were present at the meeting.
PARKS & RECREATION COMMISSION
1. Snowmobile Trail. A request had been made by the Eagan Snowmobile
Club to use a portion of the Highline Trail corridor and boulevards of Johnny
Cake Ridge Road, south of Cliff Road, for snowmobile trail access. Wachter
moved, Egan seconded the motion to approve the request of the Snowmobile Club.
All voted in favor.
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December 2, 1986
2. Blackhawwk Park - Purchase Agreement. Ken Vraa, Park Director, was
present and submitted a proposed Purchase Agreement between the City of Eagan
and Edmund and Elizabeth Dunn for the purchase of approximately 12 acres in
the Blackhawk Park PD along the east and south portions of Blackhawk Lake, for
the sum of $264,000.00. Mr. Vraa indicated that this area had been proposed
to be purchased for a long period of time, and further that one condition of
the purchase would be that the developer will dedicate all park land within
the Blackhawk Park Planned Development at the time of the closing on the
purchase. Smith moved, Wachter seconded the motion to approve the Purchase
Agreement and authorize its execution. All voted in favor.
CONSENT AGENDA
The following consent agenda items were submitted to the City Council for
its review and for approval:
1. Contractor Licenses. It was recommended that the schedule of
contractor's licenses attached to the packet, be approved and ordered issued.
2. Personnel Items.
a. Clerk-Typist - Administration. The City received a letter of
resignation from Corrine Smith, a -clerk-typist in the typing pool in
Administration, effective December 3, 1986 and it was recommended that the
letter be accepted and that the staff be authorized to advertise for part-time
clerk-typist.
b. Planning Aide. Julie Dykstra, the Planning Aide in the Planning
Department had submitted her resignation effective January 2, 1987. Staff
recommended that the resignation be accepted and that it be authorized to
advertise to fill the position.
c. Clerk-Typist - Protective Inspections Department. It was
recommended that Nancy Severson be hired to fill the vacant position as Clerk-
Typist effective November 25, 1986.
Smith moved, Ellison seconded the motion to approve the foregoing consent
agenda items and authorize their implementation by the staff. All members
voted affirmatively.
HAMPTON HEIGHTS - COACHMAN ROAD EXTENSION - VACATION HEARING
Mayor Blomquist convened the public hearing regarding the request to
vacate a portion of Coachman Road in Hampton Heights that had been abandoned
through its realignment as part of the Hampton Heights subdivision. City
Public Works Director Tom Colbert reviewed the proposal and there were no
objections. Smith moved, Ellison seconded the motion to close the public
hearing and approve the vacation as proposed. All voted in favor.
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1yF: e.
BLUEBERRY CIRCLE - PROJECT #481
At the November 18, 1986 City Council meeting, according to Mr. Colbert,
the Council deleted Project #481 from Contract #86-27 which provided for the
installation of the storm sewer in Blueberry Circle, due to the fact that the
low bidder for the overall contract which included another project, did not
provide the best price for Blueberry Circle. He noted that due to the delay
in receiving the executed agreements from the three property owners regarding
revised amounts, the contractor is no longer willing to perform the work
during 1986 at his low bid of $12,333.00. Egan moved, Smith seconded the
motion to extend the construction time for Project #481 Blueberry Circle until
the spring of 1987 with a date certain for completion, and that the low bidder
be awarded the contract in the sum of $12,333.00. All voted in favor.
NANCY CIRCLE - PROJECT #482
The public hearing regarding the proposed improvements under Project #482
consisting of street and storm sewer on Nancy Circle on the east side of
Nicola Road was next convened by the Mayor. Tom Colbert and Mark Hanson
detailed the project. John Hart, one of the affected owners, was present and
had concerns about the estimated cost of the improvements, indicating that he
felt that the cost for such a small project was high. Mr. Colbert explained
the details of the improvements. Mr. Hart stated he spoke for all of the
owners and opposed the project if the cost will be as high as it was
estimated. Councilmembers, however, suggested, with Mr. Hart's concurrence,
that the Council proceed with the plans and specifications. Smith moved,
Wachter seconded the motion to close the hearing and to approve the project
and authorize the preparation of plans and specifications with the
understanding that when the bids are submitted, a determination can be made to
proceed at that time. All members voted yes.
SUPERAMERICA/SPLASHLAND - TRUNK WATER MAIN - PROJECT #483
The next public hearing that Mayor Blomquist convened dealt with Project
#483 regarding trunk water main in the SuperAmerica/Splashland and Highway #13
area, consisting of a 12 inch watermain along Nicols Road and Highway #13.
Both Mr. Colbert and Mr. Hanson described the project in some detail and it
was noted that the developer of the Splashland project had withdrawn his
proposed development and indicated that he would no longer be installing the
required 12 inch water main. Therefore, the petition was expanded to
incorporate the 12 inch water main in addition to the pressure reducing
station to service not only the future development of the Splashland property,
but adjacent properties as well.
Tom Webster, the developer of the Splashland property was present and
stated that he does intend to proceed with the project and he intended to
request a pressure reducing station but not the entire water system. He
requested a delay, however, in the project until the spring of 1987. Chuck
Youngquist of R. L. Johnson, the owner of Lot 2, S & W Acres, also had certain
questions. Mr. Colbert noted a change in the feasibility report because of
the change in the Splashland plans and stated that adequate pressure will be
given to the S & W Acres development.
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3.
Mark Parranto also was present and explained that Roger Slater has sold a
5 acre parcel on a Purchase Money Mortgage and that he would have concerns
about the proposed location of the water line through the parcel in the event
that the buyer defaults on the purchase. Mr. Webster also was concerned about
the proposed location of the water line. Councilman Smith recommended closing
the hearing because there. was no demand for the project at the present time,
and also noted design problems. Egan moved, Ellison seconded the motion to
close the public hearing and to reject the project, based upon the reasons
that are mentioned above. All members voted affirmatively.
ABF FREIGHT SYSTEMS -.-PYLON SIGN - CONDITIONAL USE PERMIT
The application of ABF Freight Systems for conditional use permit for
pylon sign on Lots 3 through 6, Plainview Addition on Lexington Avenue, next
came to the Council. A representative of ABF had requested a continuance of
the application. Egan moved, Wachter seconded the motion to continue the
application to the January 6, 1987 regular City Council meeting. All members
voted yes.
KENNEL LICENSE RENEWALS
Applications had been submitted for renewal of four kennel licenses within
the City, including William and Kim Abel, Kathleen Gilbertson, Janice MacKimm
and Donald Sandberg. Mr. Hedges indicated that there had been complaints
concerning barking dogs at the Abel kennel at 3506 Lexington Avenue South, and
that the City animal pound had been transferred to the Lakeside Animal
Hospital as of November 1, 1986. Notice has been sent to affected owners in
the area and there were no persons present objecting to the renewal of the
Abel application. Smith moved, Egan seconded the motion to approve the
issuance of the licenses as submitted, subject to City ordinance compliance,
noting there were no presentations by any affected property owners in the
area, and 'notice of the consideration of the applications had been
distributed. All voted yea.
CITY SERVICE FEES
Mr. Hedges reviewed a memorandum of Finance Director/City Clerk
VanOverbeke dated November 26, 1986 with an attachment covering proposed
revisions in miscellaneous fees for City services, supplies and materials.
Mr. Hedges indicated that the City Council had reviewed these fees at a City
Council workshop session and the staff recommended approval. Councilmembers
discussed the licensing of subcontractors and also liability insurance and a
surety bond from general contractors. Councilman Wachter spoke in favor of
licensing subcontractors, including carpenters and sheet rock installers,
noting that virtually all other subcontractors are required to be licensed by
the City. Councilman Ellison recommended that general contractors be
responsible for subcontractor workmanship. Smith moved, Egan seconded the
motion to approve the fee schedule, but that the staff continue to study the
bonding and liability insurance issues relating to building permits. All
voted yes. R 86-93
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Wachter then moved, Egan seconded the motion that the staff further study
the possibility of licensing subcontractors and report the findings to the
City Council with alternates regarding the method of holding subcontractors
responsible for their construction in the City. All voted yes.
HOLLAND-LAKE - CONTRACT #86-23 - CHANGE ORDER #1
The Public Works Department submitted a three-part change order for
Contract #86-23 consisting of trunk storm sewer improvements under the Holland
Lake Project. The total deduct would be $81,301.09 and it was recommended to
be approved. Egan moved, Wachter seconded the motion to approve the Change
Order. All voted yea.
MAINTENANCE BUILDING - CONTRACT #85-21 - CHANGE ORDER #3
A five-part change order under the Maintenance Building construction
Project #85-21 was submitted which would amount to an increase of $7,513.00.
Staff recommended approval and Wachter moved, Egan seconded the motion to
approve the recommended change order. All voted yes.
TEMPORARY ADVERTISING SIGNS - DEVELOPERS TASK FORCE POLICY
Tom Hedges reported to the City Council the findings and recommendations
of the- Developers Task Force regarding the location of temporary advertising
signs at the intersections of City collector and County roads within the City.
The policy was presented at the April 1, 1986 City Council meeting for review
and at that time, the Council asked for further information which was
submitted at the June 17, 1986 meeting. At that time, the Developers Task
Force was requested to review and submit recommendations covering
approximately 9 different aspects of the proposed sign policy.
Mr. Hedges indicated that the Task Force met and discussed the proposal at
three meetings, and members of the committee expressed their concern that a
motorist would not have enough information from a reader board, and further, a
reader board suggests continual direction signage throughout the City in order
to route a motorist to a particular development. The Task Force, after
deliberation, recommended a directional advertising sign not to exceed 20
square feet with 4 feet by 5 feet dimensions, including all protrusions;
further, the Task Force recommended the signs be located on private property,
that they not obstruct site lines and there be no more than 4 signs per
intersection with the restriction of two per quadrant; and further, that the
sign not be allowed to exceed 7 feet above grade. It was also suggested that
private advertising companies be responsible for the signs with locations on
private property.
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CCCouncilman Egan indicated that if- the height would only be 7 feet, it
would not be possible to eliminate any signs, so that more signs may be
needed. Councilman Ellison noted that the original intent of the Council was
that the signs act as' directional signs and not to advertise subdivisions.
Councilman Smith noted several alternates, including the Task Force's
proposal, the single directional sign for each corner with several users, or
that there be no change in the current policy. Further suggestions included
proposals by the Task Force for directional type signs, that the developers
build and maintain the signs rather than being constructed and maintained by
City contract, and that the -sign companies do the construction and lease
according to City specifications with a time limit on the sign life.
Blomquist moved, Smith seconded the motion to direct the staff to resubmit
the issue to the Developer's Task Force for review and recommendation, with
the understanding that the signs will be for directional purposes only, and
further to review the comments of the City Council members at the December 2,
1986 meeting, with later report to the City Council. All members voted yes.
BRITTANY 6TH ADDITION - CONTRACT #83-K
The developer of Brittany 6th Addition requested that the City approve
Contract #83-K consisting of street and utility improvements in Brittany 6th
Addition under private contract, and that the City accept it for perpetual
maintenance. Upon motion by Egan, seconded Wachter, it was resolved that
Contract #83-K be accepted as proposed. All voted in favor.
BRITTANY 7TH ADDITION - CONTRACT #84-T
The staff recommended acceptance of Contract #84-T and Wachter moved, Egan
seconded the motion to approve the 'contract and to accept the project for
perpetual maintenance. All voted yes.
WILLIAM COINS PROPERTY AT 4010 MICA TRAIL
Tim McKeag, a neighbor of William Coins, was present and stated that the
City Council's direction at the November 18, 1986 regular meeting, that the
Coins remove a bus and truck from their property, had not been fulfilled. He
noted that the bus had been removed but the truck was still located on the
back of the lot and requested action by the City Council to remove the bus.
He further stated that there is a great deal of other miscellaneous junk and
debris on the property and noted that there is potentially a business being
operated from the site. After discussion by the City Council, noting that
there had been previous complaints against the owners of the property in past
years, Smith moved, Wachter seconded the motion to direct the Police
Department and City Attorney to cite the Coins under the appropriate City
Ordinances including Code Section 11.19.E., and other applicable ordinances
for violations. All members voted yes.
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December 2, 1986
TRAFFIC STUDY FOR BIETER COMPANY - 35E DIFFLEY PROJECT
Mr. Hedges asked direction from the City Council regarding a proposed
traffic study directed by the Advisory Planning Commission at its last meeting
concerning the 35E Diffley commercial center application. The Councilmembers
were concerned about the Planning Commission members ordering such studies
without submitting the recommendation to the City Council. Ellison moved,
Wachter seconded the motion to authorize the preparation of a traffic study
and a review of the traffic information submitted by the applicant for the
project, conditioned however, upon the applicant posting a sufficient cash
escrow for the traffic study before proceeding with the project, noting the
importance of the traffic issues to the consideration of the application. All
voted yea.
HOLLAND LAKE - PROJECT #86-23 - EASEMENTS
City Attorney Paul Hauge reported on the status of the acquisition of
easements along Cliff Road, under the Holland Lake storm sewer project. Staff
recommended approval of the payment to Robert Lane and to Roy and Barbara
Thies to compensate them for the proposed storm sewer trunk assessments
against their lots in Lakewood Hills, in return for the required easements.
He further reviewed with the City Council the demands of Martin and Marie
DesLauriers and also the Carlson family regarding the proposed easements.
Condemnation is proceeding regarding both the Carlson and DesLauriers property
and the City's appraiser has submitted tentative appraisals regarding damage
to the parcels. Egan moved, Ellison seconded the motion to approve the
recommendation regarding the Robert Lane and Roy Thies properties, in exchange
for the easements granted to the City. All members voted in favor.
CHECKLIST
Upon motion by Wachter, seconded Smith, it was resolved that the following
checklist dated November 30, 1986 in the amount of $845,683.49 and also dated
December 2, 1986 in the amount of $615,148.10 be approved. All members voted
yes.
ADJOURNMENT
Upon motion duly made and seconded, the formal meeting adjourned at 9:35
p.m. All voted yea.
PHH
City lerk
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