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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. 1 Council Minutes 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. 2 Council Minutes December 2, 1986 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. 3 Council Minutes December 2, 1986 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 4 Council Minutes December 2, 1986 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. 5 Council Minutes December 2, 1986 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. 6 Council Minutes 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 7