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06/03/1986 - City Council Regular 00180 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 1 Council Minutes ~1 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. 2 Council Minutes June 3, 1986 00182 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 3 Council Minutes June 3, 1986 00183 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. 4 Council Minutes June 3, 1986 00154 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. 5 Council Minutes 048.85 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. 6 Council Minutes June 3, 1986 OOJL86 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 7 Council Minutes June 3, 1986 V 1 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. 8 Council Minutes June 3, 1986 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. 9 Council Minutes June 3, 1986 00189 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 L Cit erk 10