06/03/1986 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 3, 1986
A regular meeting of the Eagan City Council was held on Tuesday, June 3,
1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers
Smith, Wachter, Egan and Ellison. Mayor Blomquist was excused. Also present
were City Administrator Hedges, City Engineer Colbert, Consulting Engineer Bob
Rosene, City Planner Runkle and City Attorney Paul Hauge. -
Councilmember Smith chaired the meeting as Acting Mayor.
AGENDA
Wachter moved, Egan seconded the motion to approve the Agenda as
presented. All voted in favor.
MINUTES
May 21, 1986 - Regular Meeting. Upon motion by Smith, seconded Egan, it
was resolved that the minutes be approved with the exception on page 14, that
a Special Finance Committee meeting was scheduled to be held on May 29, 1986,
rather than Special Council meeting. All voted yea.
CABLE T.V. UPDATE
Ralph Campbell, the Executive Director of the Joint Cable T.V. Commission,
briefly updated the two sale transactions regarding the Group W Cable sale and
indicated there was nothing new in relation to the second transaction at the
present time.
G.O., MUNICIPAL STATE AID AND T.I.F. BOND - SALE DATES
City Administrator Tom Hedges stated that at a special City Council
meeting held on April 19, 1986, the City Administrator and Director of Finance
reviewed the necessity to sell bonds prior to September 1, 1986, at which time
many general obligation bonds will become taxable, according to HR 3838. It
was earlier recommended that all three proposed bona issues be combined for
the same sale date to allow savings in preparation of the bond prospectus and
issuance expenses, even though the three issues will be treated as separate
sales. Steve Emerson of Miller 6 Schroeder Financial was present and briefly
explained the three proposed issues. Wachter moved, Egan seconded the motion
to schedule the bond sale for July 1, 1986 at which time the bias will be
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June 3, 1986 1.
opened and awarded covering the sale of $4,650,000.00 general obligation
improvement bonds, and $3,000,000.00 in Municipal State Aid bonds. All voted
in favor.
Acting Mayor Smith had questions concerning the callable date for the tax
increment financing bonds, and also there was discussion concerning
duplication of costs if the sale date is put off on the TIF bonds. Smith then
moved, Egan seconded the motion to schedule the bond sale for July 1, 1986
covering the $700,000.00 tax increment funding bonds for the Sperry
Corporation facility. Those in favor were Smith, Egan and Ellison; Wachter
voted no, indicating that he was opposed to-tax increment funding. Councilman
Ellison stated that he intended,to vote against the bond sale, but did not
want to add extra cost in the sale process.
CONSENT AGENDA
The following consent agenda items were submitted for consideration by the
Council and recommended that they be approved:
1. Contractor's Licenses. The schedule of swimming pool, water softener,
plumbing, heating/ventilating, homeowner and general contractor license
applications came before the Council and it was recommended that they be
approved.
2. Personnel Items. It was recommended that the following persons be
hired in the respective positions:
a. David G. Wills as Seasonal Forestry Aide.
b. Clayton Pearson, Mike Shomion, John Robinson, Kelly Ramswick,
Susan Lindblade and Bryce Johnson as Seasonal Road Maintenance Workers.
c. Jill Pennie as Engineering Tech Intern/Assistant in the
Engineering Division.
d. A schedule of playground personnel including new personnel and
those returning from last year as provided in the packet.
3. Eagan Lions Club - Temporary Beer License. It was recommended that
the Council approve the temporary beer license for the 4th of July celebration
for 1986 for the Eagan Lions Club.
4. Fawn Ridge Addition - Agreement Completion Dates. It was noted that
on July 17, 1984, the final plat was approved for the Fawn Ridge Development
located in the southwest corner of Wilderness Run Road and Dodd Road. The
Development Agreement required the installation of all required streets and
utilities by December 5, 1985 and because the developer has elected to develop
the subdivision in phases, the developer requested an amendment to the
Agreement regarding the extension of completion dates for the installation of
the public improvements. It was recommended that the Council approve the
request.
Egan moved, Wachter seconded the motion to approve all of the foregoing
consent agenda items and authorize their implementation. All voted in favor.
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Egan then moved, Wachter seconded the motion to continue until later in
the meeting, consideration of Kurt Schlegel as a Road Maintenance Worker. All
voted yes.
PERSONNEL COMMITTEE MEETING
Upon motion by Smith, seconded Egan, it was resolved that a Personnel
Committee meeting be scheduled for June 9, 1986 at 12:00 noon at the Eagan
Municipal Center. All voted yea.
JOINT MEETING - JUNE 26, 1986
A joint meeting of the City Council and the Eagan Economic Development
Committee, and in addition, a joint meeting with the Advisory Planning
Commission, was scheduled beginning at 6:30 p.m. on June 26, 1986 at the Eagan
Municipal Center.
TOWERVIEW ROAD - WATER TOWER - EASEMENT
Public Works Director Tom Colbert described a request of the Sperry
Corporation to encroach onto the Water Tower parcel on Towerview Road about 20
feet pending the construction of the new Sperry facility for construction
purposes only and recommended approval. Ellison moved, Wachter seconded the
motion to approve the request. All voted affirmatively.
LONE OAK ADDITION - EASEMENT VACATION
Acting Mayor Smith convened the public hearing regarding the application
of Laukka Beck for vacation of a common lot line utility and drainage easement
on Outlot F, Lone Oak Addition. It was noted that the hearing had been
continued at two earlier meetings and staff now recommended approval. Tom
Colbert briefly described the easement vacation and there were no objections.
Wachter moved, Egan seconded the motion to close the hearing, to approve the
vacation of common lot line utility and drainage easements over a portion of
Outlot F of Laukka Beck Eagan, as described in the Petition, and authorize the
Clerk to record the applicable Resolution. All voted in favor.
EAGANDALE LEMAY LAKE ADDITION - EASEMENT VACATION
The next public hearing convened by Acting Mayor Smith covered the
proposed vacation of street and utility easements for Eagandale Lemay Lake
Addition. Tom Colbert was asked to describe the request and there were no
appearances in objection to the application. Wachter then moved, Egan
seconded the motion to close the public hearing, to approve the vacation of
the common lot line drainage and utility easements over a portion of Lot 1,
Block 1, Eagandale Lemay Lake 1st Addition, and to release the street easement
that had not been recorded. All voted affirmatively.
R 86-37
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CLEARVIEW ADDITION - LOT 10, BLOCK 3 - EASEMENT VACATION
The next public hearing convened by the Acting Mayor covered a request of
Mr. and Mrs. James Unker to vacate a highway slope easement over Lot 10, Block
3, Clearview Addition on Cliff Road. It was noted that Dakota County will not
vacate an easement but will transfer the easement to a City for vacation
proceedings. There were no objections and Wachter moved, Egan seconded the
motion to close the public hearing and to approve the vacation of the 25 foot
highway easement across Lot 10, Block 3; Clearview Addition. -All voted in
favor.
JAMES UNKER - VARIANCE - CLEARVIEW ADDITION
An application of Mr. and Mrs. James Unker for a 25 foot variance from 50
foot setback requirement along public street for Lot 10, Block 3, Clearview
Addition, located east of Lenore Lane and fronting on Cliff Road, came next to
the Council. Dale Runkle briefly reviewed the application and attorney Brad
Smith appeared on behalf of the Unkers. Both Councilman Ellison and
Councilman Wachter indicated that they had no objections and stated that based
on terrain, they recommended approval. Ellison moved, Wachter seconded the
motion to approve the application based upon the terrain constrictions. All
voted in favor.
COUNCIL MEETING CASSETTE RECORDER
Tom Hedges noted that the cassette recorder used to tape record the
council meetings was not in operation and the proceedings of the meeting would
not be recorded.
DEER HUNT REQUEST - DNR
A request from the Department of Natural Resources for a special deer hunt
in Fort Snelling State Park on November 8 and 9, 1986 and November 15 and 16,
1986, came to the Council for its consideration. Craig Cox made a
presentation on behalf of the DNR and introduced other local DNR officials.
He explained the reasons for the increase to two weekends for the special deer
hunt, longer hours, and also the proposal to schedule the hunt earlier in the
season to avoid bad weather. He indicated that the excessive number of deer
is greater on the outside of the park than inside the park, and Jon Parker,
the Area Wildlife Manager for the DNR, reviewed the number of deer intended to
be taken.
It was proposed that 100 deer be taken on the two weekends suggested, and
the goal is to allow 15 to 20 deer per square mile in the park, noting that
there is insufficient browse, danger to vehicles and individuals, and serious
starvation problems for the deer population. Councilman Wachter recommended
an archery season to reduce deer population. 65 shotgun permits will be
issued for hunting in the park in Dakota County, and 335 deer are proposed to
be removed between I-35W to the Mendota Bridge.
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Acting Mayor Smith suggested an archery season in Eagan to reduce the
population and the extreme danger on the highways. Councilman Ellison
recommended am increase in the number of hunters if it would reduce the need
for using DNR marksmen. Wachter moved, Egan seconded the motion to approve
the exemption from the Eagan Fire Arms Ordinance, to allow a public deer hunt
in Fort Snelling State Park within Eagan, on November 8 and 9, and November 15
and 16, 1986, and further, that the details of a bow and arrow season be
prepared by the staff in conjunction with the DNR officials with further
report to the City Council. All councilmembers voted affirmatively.
WHISPERING WOODS - VARIANCE
Application of Home Estates, Inc. for a 20 foot variance from the 40 foot
setback requirement along public street for Lot 2, Block 1, Whispering Woods
Addition, came to the Council for its review. Dale Runkle briefly introduced
the application and a representative of the applicant was present, stating the
intent was to save a number of trees on the lot. There were no objections.
Egan moved, Ellison seconded the motion to approve the application, noting the
intention of the applicants. All members voted yes.
BIRCH PARK ADDITION - SUNSHINE CONSTRUCTION CO. - VARIANCE
An application of Sunshine Construction Company for 5 foot side yard
setback variance for Lot 6, Block 2, Birch Park Addition, was presented to the
Council. Dale Runkle explained that the 65 foot single family lots were
designed to be a transition between the Windcrest and Birch Park Additions,
and the home presently proposed is 50 feet in width. The requirement would
allow 45 feet to meet the normal setback requirements. A representative of
Sunshine Construction was present and indicated that a mistake had been made
but tha: there were very few lots left in the subdivision and noted the
hardship involved. Egan moved, Ellison seconded the motion to approve the
application, provided all other ordinance requirements are met. Acting Mayor
Smith stated he would reluctantly vote in favor, and that the Council allowed
65 foot lots, assuming that no variances would be granted. Those in favor
were Smith, Ellison and Egan; Wachter voted against.
RMC DEVELOPMENT CORPORATION - SUN CLIFF ADDITION - WAIVER OF PLAT
The application of RMC Development Corporation for waiver of plat to split
an existing duplex on Lot 2, Block 1, Sun Cliff Addition, was brought to the
City Council. The purpose was to split two identical 40 ft. by 130.02 ft.
lots for recording purposes with two duplex units on the lots. There was no
appearance on behalf of the applicant and no objections. After explanation by
the City Planner, Egan moved, Wachter seconded the motion to approve the
waiver of plat for Lot 2, Block 1, Sun Cliff First Addition as requested. All
voted yea.
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June 3, 1986
SUN CLIFF ADDITION - WAIVER OF PLAT
An application of RMC Development Corporation for waiver of plat to split
an existing duplex on Lot 3, Block 1, Sun Cliff Adaition,.was next brought to
the Council, noting that the lots would measure 30.95 feet and 36.31 feet in
width. The application followed the normal course of splitting duplex lots
and there were no objections. Egan moved, Wachter seconded the motion to
approve the request. All voted in favor.
DEVELOPERS ESCROW AGREEMENT ORDINANCE
Mr. Hedges indicated that in May of 1985, the Council directed the
development and implementation of a Development Escrow Policy to insure that
developers within the community pay for the costs incurred by staff and
outside consulting services necessary to review, process and inspect proposed
developments. A Developers Task Force was formed and a proposed agreement was
formulated with the Advisory Planning Commission recocmmending its formal
adoption to the Council. The Councilmembers reviewed the contribution of the
Task Force members and Egan moved, Wachter seconded the motion to approve the
Agreement and to approve the amendment to Subdivision Ordinance No. 13
regarding the Development Escrow Policy and authorize its publication in the
legal newspaper. All voted yes.
DEVELOPERS TASK FORCE
The City Council members discussed the future of the Developers Task Force
and Mr. Colbert and Mr. Hedges were both complimentary of the committee in
their contributions and recommendations regarding the Developers Escrow Policy
and other development issues. A list of proposed topics was suggested by the
Committee members at its meeting on April 9, 1986. Councilmembers suggested
that the Task Force not be involved in areas that are directly council
concerns and prerogatives only. Councilman Ellison suggested that a
limitation on the time frame of the Task Force be stipulated, and that it be
organized by developers only. Acting Mayor Smith and Councilman Egan proposed
an eight to ten month sunset on the task force. Wachter moved, Egan seconded
the motion to continue the Task Force until March 1, 1987 and expand its
membership from 2 to 4 additional persons, with the understanding that the
staff and council will evaluate the status of the task force at that time and
the Council will then determine whether to terminate or continue the Task
Force; further, that all issues that were suggested at the Task Force meeting
on April 9, 1986 be considered with the exception of items 5, 6, and 7
relating to the 10 year capital improvements program, zoning and long range
planning review and recommendations, and financing public improvements and tax
exempt municipal bonds. All councilmembers voted yes.
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PROPOSED LAND DIVISION & RECORDING OF CONVEYANCES
Mr. Hedges noted that the City has been experiencing problems with the
recording of land conveyances by Dakota County where property has not been
platted or waiver of plat approved by the City Council. The County has
requested a Resolution from the City Council requesting that the County not
record conveyancing documents unless the property has been platted or has
acquired an approved waiver of plat from the City Council and a Resolution was
submitted for consideration. Wachter moved, Egan seconded the motion to
approve the Resolution and authorize its being forwarded to the Dakota County
Auditor and Dakota County Recorder. All votes yes.
R 86-38
PUBLIC IMPROVEMENT PROJECTS
A. Contract #86-12 - Pump House #8. Wachter moved, Egan seconded the
motion to award the Contract to the low bidder, Richmar Construction in the
sum of $185,730.00 for Deep Well #8 and #9. All members voted yes.
B. Contract #86-15 - Hampton Heights - Trunk Water Main. It was
recommended that the low bidder, Orfie and Sons, in the sum of $323,551.43 be
awarded the contract for Contract #86-15. Ellison moved, Egan seconded the
motion to approve and authorize the implementation of the award of the
contract to the low bidder. All votes yea.
C. Contract #86-11 - Williams a LaRue and Wyndham Corporate Center
Additions. Upon motion by Wachter, seconded Egan, it was resolved that the
plans for Contract #86-11 consisting of Williams and LaRue Addition and
Wyndham Corporate Center Addition be approved and that the Clerk be authorized
to advertise for bids with an opening at 10:30 a.m. on Friday, June 27, 1986
at the Eagan Municipal Center. All voted affirmatively.
D. Contract #86-8 - 1986 Seal Coating. After recommendation by the
staff, upon motion by Egan, seconded Ellison, it was resolved that the Council
approve the plans for Contract #86-8 and authorize the advertisement for a bid
opening to be held at the Municipal Center at 10:30 a.m. on Friday, June 27,
1986, with the understanding that the project will also include the Overhill
Farm Addition. Ali councilmembers voted yes.
MAINTENANCE FACILITY EXPANSION - CONTRACT #85-21
Tom Colbert discussed with the City Council the concept design proposal
for the expansion and remodeling of the City's maintenance facility, and Jack
Boarman of Boarman Architects, was present and reviewed the revised plan in
detail. As a result of refinement of the detailed plans and analysis of the
formal bids received for a similar facility expansion in Apple Valley, it was
apparent that the current buaget would be significantly exceeded. Members of
the Boarman Architecture team had met with staff members on several occasions
to evaluate potential revisions, modifications and alternates, and Mr. Boarman
made a number of recommendations to the City Council for revisions to reduce
the estimated cost. He stated that the estimate for the remodeling had been
understated and that reductions in other portions of the building were being
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proposed, including the vehicle storage facility, reducing the number of
stalls from 32 to 24. After extensive discussion, Wachter moved, Egan
seconded the motion to approve the revised concept design for Contract #85-21
and authorize the preparation of detailed plans and cost estimates. All
members voted yes.
RADIO COMMUNICATION BIDS
A letter from Dr. John R. DuBois, a communication consulting engineer,
hired by the City to act as a consultant in the purchase of radio
communications equipment, dated May 9, 1986 indicated the low bidder was
General Communications in the sum of $10,369.00. He recommended approval of
the contract to General Communications Company based upon its low quote and
upon motion by Wachter, seconded Ellison, it was resolved that the
recommendation be approved. All voted yea.
HAMPTON HEIGHTS ADDITION
Mark Parranto appeared and requested conditional approval of the final
plat of Hampton Heights Addition. He stated that the bank that will be
financing the project is a Wisconsin bank that refuses to issue the letter of
credit for the project until conditional approval has been given by the City
Council. It was noted that this is not the procedure normally followed by the
City Council. There was discussion concerning the three items that were
reviewed by the City Council at its last regular meeting and Mr. Parranto
stated that he is attempting to acquire the necessary turn-around from Harry
Lemieux. There was extensive discussion concerning giving conditional
approval, which according to Councilman Wachter, would not follow normal
procedure, and would create an adverse precedent. It was suggested that the
Council give conditional approval with final approval at the next regular
Council meeting. Egan moved, Smith seconded the motion, noting that the
hardship involved is that the financing institution is a Wisconsin bank with
different requirements than Minnesota, and it was resolved that the City
Council give conditional approval to the final plat for Hampton Heights, based
upon the following, with the understanding that the City Council will give
final approval at its next regular meeting:
1. Approval by the staff that all City requirements have been complied
with.
2. That the hardsheLl will be signed and submitted to the City for
approval and signature.
3. That the Development Agreement and all required easements will be
signed and submitted to the City staff for review.
Those in favor were Egan, Smith and Ellison; those against were Wachter.
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ooILss
ST. JOHN NEUMANN - GRADING PERMIT
An application from St. John Neumann Church for grading permit to expand
the existing parking lot toward Deerwood Drive was submitted to the Council
for approval. There were no objections. Egan moved, Wachter seconded the
motion to approve the grading permit, subject to compliance with all City
requirements. All voted yes.
YORKTON INDUSTRIAL PARK SOUTH ADDITION - FINAL PLAT
The application for final plat approval of Yorkton Industrial Park South
Addition final plat came to the City Council and staff recommended approval,
based upon compliance with all' necessary City requirements. Gary Fuchs
appeared on behalf of the applicant. Egan moved, Wachter seconded the motion
to approve the application. All members voted yes.
R 86-39
EAGANDALE CENTER - STORM SEWER - PROJECT #458
Tom Colbert explained to the City Council members the current status of
the Eagandale Center storm sewer Project #458 and recommended to the Council
that because there may be a defect in the notice to property owners at the
initial public hearing, that the Council reschedule the public hearing for
July 1, 1986 and in addition, also reschedule the assessment hearing for the
same date. Upon motion by Wachter, seconded Egan, it was resolved as follows:
1. That the hearing on the feasibility report for Project #458 be
scheduled for July 1, 1986 at 7:00 p.m. at the Eagan Municipal Center, and
that the Clerk be authorized to publish in the legal newspaper and notice be
sent to all affected property owners according to statute.
2. That the assessment hearings for Project #458 be scheduled for July 1,
1986 at 7:00 p.m. at the Eagan Municipal Center.
3. In the event that the Council orders in the project and approves the
assessment roll, that the award of the contract on the project also be
scheduled for the same date.
Mr. Hedges described the discussion he had had with principals of Chicago
Tube and Iron, and it was recommended that contacts also be made with the
owners of Elliot Auto and American Fruit and Produce, in addition to Aiscor
and Northwestern Mutual prior to the hearings on July 1, 1986. A letter
should be forwarded explaining the position of the City Council regarding the
Project. All councilmembers voted in favor.
KURT SCHLEGEL - ROAD MAINTENANCE WORKER
Upon recommendation of the staff and upon motion of Wachter, seconded
Egan, it was resolved that Kurt Schlegel be hired as a road maintenance worker
effective June 9, 1986 and contingent upon successful completion of the City's
physical exam requirement. All voted affirmatively.
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ROBERT O'NEIL VS. CITY OF EAGAN - UPDATE
City Attorney Paul Hauge again reviewed the current status of the action
entitled O'Neil vs. City of Eagan and indicated that a meeting had been held
between staff members and the O'Neil representatives since the last Council
meeting. No reaction has been received from the O'Neils concerning the
proposed informal agreement for a stay in the proceedings. No action was
taken.
CHECKLIST
Upon motion by Wachter, seconded Egan, it was resolved that the following
checklist dated Iiine 3, 1486 in the amount of .87.541 be
approved. All voted yea.
ADJOURNMENT
Upon motion by Wachter, seconded Egan, it was resolved that the meeting
adjourn at 10:20 p.m. All members voted in favor.
PHH
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Cit erk
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