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02/15/1983 - City Council Regular 00032 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 15, 1983 A regular meeting of the Eagan City Council was held on Tuesday, February 15, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Ad- ministrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Egan moved, Thomas seconded the motion to approve the Agenda as pre- sented. All voted in favor. MINUTES Egan moved, Thomas seconded the motion to approve the Minutes of the February 1, 1983 meeting, with the following revisions: On page 3, Councilman Wachter recalled that the City Council policy was adopted several years ago to support concrete curb and gutter for street reconstruction projects; other members stated that they were not aware of such a policy; on page 5, regarding the Robin Lane project, that Councilman Wachter seconded the motion; further, on page 1 regarding the Fire Department, the word "ratification" should be inserted rather than "revocation". All then voted in favor as amended. FIRE DEPARTMENT Fire Chief Childers was present and discussed the need for recruiting additional volunteer firefighters for the VFD. He stated only day-time per- sonnel are needed at this time, but the need is for prime-time fire personnel assistance. Wachter moved, Thomas seconded the motion to allow additional firefighters to increase in number to a total of 79. Thomas stated that with the firefighters retiring, the need is evident. Mayor Blomquist asked to research budgetary impact and manpower distribution by shift and station. The motion was then amended by Wachter and seconded by Thomas, to require addi- tional manpower information and report back at the March 1, 1983 Council meeting for further consideration of the manpower request. All voted yea. 1 00033 Council Minutes February 15, 1983 RETARDED CITIZENS ASSOCIATION Smith moved, Thomas seconded the motion to appropriate $1,000.00 to the Association for Retarded Citizens as budgeted for 1983. All voted in favor. WATER TREATMENT PLANT - CONTRACT #83-1 Bob Rosene of the firm of Bonestroo, Rosene, Anderlik & Associates intro- duced Tom Noyes of BRA and David Shea, Architect, who described the proposed water treatment plant. A status report and site plan layout were presented and reviewed by the City Council. A schedule for the design and construction was also reviewed and upon motion by Egan, seconded by Thomas, it was resolved to approve the design concept for Project #338 consisting of the 12 M.G. water treatment filtration plant. All voted yes. PROJECT #367 - SOUTH RAHN ROAD SIDEWALK Mayor Bea Blomquist convened the public hearing regarding Project #367 consisting of sidewalks on the South portion of Rahn Road, north of Cliff Road, in conjunction with the Federal Highway Administration requirements. Mr. Colbert and Mr. Rosene reviewed the project in detail and the staff recommended Alternate A. There were questions from the Councilmembers and there being no objections, Wachter moved, Egan seconded the motion to close the hearing, to approve and order in the project and authorize the preparation of plans and specifications for Project #367 Alternate A. All voted yes. PROJECT #370 - DAKOTA PLAT #1 - STREETS & UTILITIES The next public hearing that was convened by the Mayor consisted of the streets and utilities for Project #370. Mr. Rosene explained the project in detail and it was noted that Dakota County representatives were not present during the hearing but had contacted the staff and indicated that the County favored the approval of the project. All necessary easements have been acquired at no cost to the City. Egan then moved, Smith seconded the motion to close the hearing, order in the project and authorize the preparation of plans and specifications. All voted yes. 2 Council Minutes 03 4 February 15, 1983 TRAPPING ORDINANCE The next issue presented to the Council was that of a proposed Trapping Ordinance which consideration had taken place at the January 18, 1983 City Council meeting. A large number of interested persons were present and Mr. Hedges introduced the subject and reviewed the history of the proposal to date. Four sample ordinances were prepared by City Intern Michael Johnson and the DNR regulations were also reviewed. Councilman Wachter suggested the DNR Game Wardens be used for policing trapping in the City and two DNR representa- tives were present and stated that according to DNR policy, they could not offer assistance if an Ordinance is proposed, other than the regulations prescribed by the DNR. The DNR, however, would not object to prohibition of platted areas and will enforce state laws but won't lend assistance for nuisance control. They would not enforce the provision of any of the four proposals, including those where additional permits are required for the City. One resident stated that there is an excess of animals including racoons and it is of benefit to have an Ordinance allowing some trapping. Kate Levine favored a prohibition to avoid some of the problems that had arisen to children, other animals, pets, etc. Councilman Egan stated that the real issue is the balance between trapper's rights versus resident's rights, and humanitarian issues as opposed to the control mechanism. He stated that he favored Alternate B because it offers a balancing of rights between trappers and persons favoring the banning of trapping. It was noted there were 14 DNR enforcement officers in the Metropolitan area and two in Dakota County and some stated they felt that was insufficient for protection of the entire area. Mayor Blomquist also favored Alternate B prohibiting trapping and use of steel leg-hold traps except by special permit. Councilman Smith moved to implement Alternate D with certain revisions which would not require a permit, and in effect would ban trapping in platted areas of less than 5 acres except by an owner. It would also prohibit trapping in City, County and State Park areas, organized recreational school areas, and the DNR regulation would continue to be enforced. It was noted that any peace officer can enforce state laws, according to the DNR officials present. Wachter seconded the motion. Councilman Smith indicated that the motion was a conceptual motion only and further moved that a draft of the proposed ordinance be submitted to the City Council at the next regular meeting with the request that the staff consider some enforcement whereby children under 13 would be responsible to their parents for any trapping. All voted in favor. CEDAR ELEMENTARY SCHOOL - DRIVING SCHOOL REQUEST A request of Mr. Lee Dvorak and Mr. Nick Dvorak for a driving school request in the Cedar Elementary School was upon motion by Smith, seconded Thomas, continued until the next regular meeting upon request of the appli- cants. All voted in favor. 3 0(3-035 Council Minutes February 15, 1983 FISH LAKE ADDITION - PRELIMINARY PLAT The application of Reliance Builders and Dan Rognrud for preliminary plat approval of Fish Lake Addition existing of approximately 1.2 acres, was next considered by the Council. The Advisory Planning Commission recommended denial of the application at its January 25, 1983 meeting for reasons that were included in the Planning Commission minutes. Administrator Hedges re- viewed the history in detail and noted that the Advisory Planning Commission requested the Council to determine whether the property is intended to be used for park purposes. The packet distributed to the City Council included 68 pages of material, including staff reports, letters, minutes and miscellaneous documents covering the history of the Pilot Knob Planned Development. City Planner Runkle reviewed certain of the exhibits regarding Pilot Knob Heights Planned Development in Pilot Knob Heights 4th Addition. City Attorney, Paul Hauge was asked to review his letter to the City Administrator, dated December 29, 1982 and a further letter dated February 10, 1983. In addition the City Attorney reviewed letters from Bruce Malkerson, attorney for the neighboring property owners dated January 20, 1983 and also a letter dated February 11, 1983. The February 11, 1983 letter was discussed in detail and questions were asked by Council members. Mr. Colbert stated that there is utility capacity for the proposed 9 townhouse units. There were also questions about the total number of acres for park and whether there is sufficient dedicated park land according to the Planned Development Agreement, noting that early Minutes indicated 4 to 5 acres were required for park purposes. Questions were asked whether the wording of the Agreement or the Exhibits would control, where there appears to be a discrepancy and it was noted that ordinarily the wording in the Agreement would control. The Comprehensive Guide indicates R-I land use. The developers of the PUD have appeared many times before the Council and there is no indication that they stated at annual reviews that Outlot B in the 4th Addition, was intended for townhouse purposes. It was noted that in 1981 the zoning map was revised to include additional park land parcels, including Outlot B. Attorney Stuart Gale was present on behalf of Reliance Builders and supported the application, noting that in his view, a mistake had occurred in the Planned Development Agreement. He stated that at one stage of the history, there was a provision for 16 townhouses, that mowing grass by the Park Department does not automatically give the City or the residents rights to the property, and also that the taxes and assessments have been paid through the years. Bruce Malkerson, attorney, spoke for a number of neighboring property owners and stated that it was his opinion that a promise had been made by the developer to dedicate the parcel; that the purchaser, Mr. Steamer should have checked the Planned Development Agreement and he requested the Council act on the designation of Outlot B for park purposes. Smith moved, Wachter seconded the motion that the staff again review the issues that have been presented and submit them at the first meeting of the City Council in March and that the Council will again review the issues and make its decision by its March 15, 1983 meeting. Issues would include all the applicable minutes of the City Council and the Planning Commission, the report of 1974, and how the property was designated for R-3 purposes. All voted in favor. 4 0 036 Council Minutes February 15, 1983 SHEFFIELD ADDITION - FINAL PLAT The application for final plat approval of Sheffield Addition by Ches Mar Development, Inc. was again presented after having been reviewed at the Feb- ruary 1, 1983 regular meeting. A number of property owners in Lakewood Hills Addition to the south were present and Mr. Colbert reported regarding the agreement that Dave Gabbert of Ches Mar Development had reached, indicating that Ches Mar Development will deed approximately 13 to 17 feet that are in dispute to the owners in Lakewood Hills Addition. He requested the Council approve the application so that sales can be closed on certain lots. After extended discussion, Egan moved, Wachter seconded the motion to approve the application for final plat approval, subject to compliance with all City ordinances, with the understanding that the development agreement will be amended and that the final plat will be held up until the developers execute the amendment to the staff's satisfaction, noting that the developer is to be given six months to complete the conveyance of the property without title obstruction to the neighboring property owners in Lakewood Hills Additio ~3-4 All voted in favor. OAK CHASE 5TH ADDITION - PRELIMINARY PLAT Next was the application of Houston Construction, Inc. for preliminary plat approval of Oak Chase 5th Addition, consisting of approximately 12.58 acres. The Advisory Planning Commission recommended approval, subject to certain conditions. Mr. Houston was present and noted that the owner, James Frisbee, objected to the proposed storm sewer assessments. There also was extended discussion concerning the street access to the east and the name of the north-south street in the proposed subdivision. Smith moved, Egan seconded the motion to approve the application with the understanding that further review of the street name will take place so that the street names are consistent, subject to the following: 1. The preliminary plat shall be reviewed by the Dakota County Plat Commission because the plat abuts County rights-of-way. 2. Detailed grading, drainage and erosion control plans shall be re- quired prior to the submission of the final plat. 3. All buildings shall conform with Section 11.20 of the City Code. it. All other applicable ordinances shall be met. 5. A 75 foot half right-of-way for Cliff Road (CSAH 32) shall be dedicated as a part of the plat. 6. A ten foot utility, telephone and electrical easement shall be included along all publicly dedicated rights-of-way, with a five foot utility easement along exterior lot lines and a ten foot utility and drainage easement centered over all interior lot lines. 5 00037 Council Minutes February 15, 1983 7. This development shall accept its trunk area storm sewer and trunk area water assessments as determined from the assessment rates in effect at the time of final plat approval, unless verified to the contrary to the City's satisfaction. 8. If installed privately, the plans and specifications for the con- struction of water and sewer services for this development shall be approved by the Engineering Department. 9. All costs for installation of water and sewer services shall be the sole responsibility of this development. 10. A 30 foot setback shall be required on the north lot line and east lot line of Lot 8 in order to protect the alignment of the future street. All voted yes. DAKOTA COUNTY PLAT #1 - FINAL PLAT The application by Dakota County for the final plat approval of Dakota County Plat #1 was presented to the Council. Jeff Connell, County Planner, was present and requested approval. There was discussion, however, concerning the development agreement and the issue regarding fees to be charged to the County. The staff had consulted with County staff persons and it was recom- mended that the road unit charge in the sum of $17,125.00, the Metro Waste Control Commission SAC charge, the charge to the State of Minnesota for sur- charge, and 80% of the electrical installation should be paid by the County, with the Eagan portion of the SAC charge, the building permit fee and the plan review fee being eliminated. Smith moved, Thomas seconded the motion to approve the final plat, subject to Ordinance compliance and the recommenda- tions concerning fees and charges of the staff with an addendum to be included with the development agreement, covering the proposed fee charges. All voted yes. R 83-5 CABLE T.V. COMMISSION UPDATE Mr. Hedges again delivered a brief update concerning the Cable Commission and noted, however, that the next meeting has now been rescheduled for March 3, 1983. 6 } 0,3 E3 Council Minutes February 15, 1983 ELECTRICAL PERMIT FEE SCHEDULE Chief Building Inspector Peterson has recommended that the consulting electrical inspector's request for increase in the fee schedule be considered by the City Council. The last increase was in June of 1981 and the Council discussed the fee schedule presented in the packet. Egan moved, Wachter seconded the motion to continue the consideration until the next regular meeting to allow further staff review of the reasons for the increases. All voted in favor. CONTRACT #82-2 - FINAL PAYMENT - BRIAR HILL 4TH STREETS AND UTILITIES It was recommended that the 8th and final payment request for Contract #82-2 consisting of Briar Hill 4th Addition, streets and utilities, in the sum of $14,942.87 be paid to Richard Knutson, Inc. and that the City accept the project for perpetual maintenance. Wachter moved, Smith seconded the motion to implement the recommendation mentioned above. All voted yes. CITY HALL PLANS Jack Boarman was present and reviewed with the City Council the final design documents as recommended by the City staff. Many questions were asked by City Council members and Mr. Boarman went into detail regarding the final design documents. A special meeting was scheduled for February 22, 1983 at the City Hall at 7:00 P.M. to authorize the final approval of plans and specifications. In addition, Mr. Boarman submitted a proposed revision to the architectural contract in the sum of an additional $4,044.00 to redesign and rework the drawings to reorient the construction to eliminate an addition to the west of the building. Upon motion by Thomas, seconded Egan, it was resolved that the Change Order in the sum of $4,0414.00 be approved. Blom- quist, Egan and Thomas voted yes; Wachter and Smith voted no. Councilman Wachter stated that he opposed the request because of inadequate information. Smith moved, Egan seconded the motion to approve the final design documents as recommended by the City staff and architect, subject however, to staff review and if the estimate as submitted to the City Council and approved by the Council, exceeds the budget estimates, that the City Council then will meet on February 22, 1983 at 7:00 p.m. for final review. All voted yes. CONSENT AGENDA The following consent agenda items were presented and recommended by the City staff for approval: 1. Temporary Liquor License - St. John Neumann Church. The application of St. John Neumann Church for temporary non-intoxicating malt liquor license for March 23, 1983 at the church was recommended for approval. 7 00039 Council Minutes February 15, 1983 2. MnDOT Plans - Trunk Highway #55 - Turning Lanes. The plans prepared by the Minnesota Department of Transportation covering turning lanes on Trunk Highway #55, east of Trunk Highway #49, were submitted under Project S.P. 1909-57 (55=116) for city review and approval. It was recommended that the preliminary plans be approved and that the Mayor and City Clerk execute a Resolution confirming the Council's approval of the plans. R 83-6 3. Resolution for Police Recruitment System. A Resolution was submitted to authorize participation in the Minnesota Police Recruitment System and represents initiation of a joint cooperative agreement with Minne- sota Police Recruitment System. Staff recommended approval of a Resolution amending the Joint Powers Agreement authorizing the City's continued partici- pation in the Suburban Police Recruitment System. R 83-7 Upon motion by Egan, seconded Wachter, it was resolved the foregoing Consent Agenda items be approved and ordered implemented. All voted in favor. PUBLIC WORKS - PROJECT #371 - WATER TREATMENT PLANT STREETS AND UTILITIES It was recommended by the Public Works Director and the Consulting Engineer that Coachman Road be upgraded south of Yankee Doodle Road to the south boundaries of the water treatment plant to a 9 ton roadway design with concrete curb and gutter and bituminous surfacing. Further, that the Council authorize the preparation of a Feasibility Report to discuss the costs asso- ciated with the sanitary sewer, storm sewer, water mains and street construc- tion as defined on properties to be benefitted by the installation of these improvements, in addition to the water treatment facility. Egan moved, Thomas seconded the motion to authorize the preparation of a Feasibility Report covering Project #371 for the water treatment plant, streets and utilities. All voted yes. PILOT KNOB ROAD - DIFFLEY ROAD - INTERSECTION IMPROVEMENTS A request was received from Ed Dunn asking that the City Council request that Dakota County formally consider the upgrading of the intersection of Pilot Knob Road and Diffley Road and to schedule its completion in the next three to four years. Councilmembers discussed priorities for County Road improvements in the City using City funds and suggested that the County be requested to submit estimated time frames for County planning of major County road improvements in the City. No action was taken. 8 o"t! o4o Council Minutes February 15, 1983 BRAD SWENSON - RESIGNATION Mr. Colbert stated that Brad Swenson had resigned from the Public Works Department and requested authorization to advertise for a replacement. Egan moved, Wachter seconded the motion, all voted in favor, to implement the recommendation for the advertising for replacement of Brad Swenson. CHECKLIST Wachter moved, Egan seconded the motion to approve the following Check- list dated: January 31 & February 15, 1983. All voted yes. ADJOURNMENT Wachter moved, Thomas seconded the motion to adjourn at 12:20 p.m. All voted in favor. PHH City rk 9