01/16/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 16, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
January 16, 1990, at the Eagan Municipal Center. Present were Mayor
Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also
present were City Administrator Tom Hedges, Community Development
Director Dale Runkle, Public Works Director Tom Colbert, and City
Attorney James Sheldon.
AGENDA
Wachter moved, Gustafson seconded, the motion to approve the
agenda as presented. All voted in favor.
January 4, 1990.
MINUTES
Councilmember Pawlenty requested the following corrections:
Page 7, paragraph 9, the word "rights" should be changed to
"fees
Page 6, paragraph 5, the second and third sentences should read
"The first was the City's participation. He suggested that the
consultants and staff give the developer some direction before the
next step."
Councilmember Wachter questioned the motion on page 4 regarding
the January 23, 1990 City Council meeting. City Administrator Tom
Hedges stated the motion was correct but that the plan had since
changed.
Wachter moved, Gustafson seconded, the motion to set a special
meeting of the Eagan City Council for January 23, 1990 at 6:30 p.m.
at the Eagan Municipal Center. All voted in favor.
Councilmember Wachter requested a change on page 13, paragraph 3,
the third sentence should read "Councilmember Wachter requested
deepening the existing ponds and retaining the water prior to
discharge."
Councilmember Gustafson requested a correction on page 8,
paragraph 3; "Wally Cluse" should be corrected to "Wally Kluse".
Mayor Egan requested the following corrections:
Page 2 /EAGAN CITY COUNCIL MINUTES
January 16, 1990
Page 16, the last paragraph should read "Mark Ulfers,
representative from the HRA, was available for questions.
Page 14, paragraph 2, "280 acres" should be corrected to "208
acres
Wachter moved, Gustafson seconded, the motion to approve the
minutes for the January 4, 1990 regular Council meeting as amended.
All voted in favor.
PUBLIC WORKS DEPARTMENT /DISPOSAL OF EXCESS CITY PROPERTY
PROJECT 548 CLIFF ROAD WATER TREATMENT FACILITY
Gustafson moved, McCrea seconded, the motion to authorize the
disposal of excess surplus City property for the structure located at
the northeast corner of Pilot Knob and Cliff Roads and authorize the
advertisement for competitive bids. All voted in favor.
AIRPORT RELATIONS COMMITTEE /MASAC /NORTHWEST AIRLINES LEASE
DC -9 AIRCRAFT
McCrea moved, Wachter seconded, the motion to adopt the position
as recommended by the Airport Relations Committee with respect to the
Northwest Airlines Lease of fourteen DC -9 -40 aircraft. All voted in
favor.
CONSENT AGENDA
A. Personnel Items.
1. Approval of Leave Without Pay /Richard Robohm.
It was recommended to approve a leave of absence without pay
exceeding thirty days for Richard Robohm, utility maintenance worker.
2. Safety Manual.
It was recommended to approve the safety manual for the employees
of the City of Eagan.
B. Plumbers Licenses.
It was recommended to approve the plumbers licenses as presented.
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January 16, 1990
C. License, Off -Sale Beer for Holiday Service Station No. 247,
3615 Pilot Knob Road.
It was recommended to approve the off -sale non intoxicating malt
liquor license for Holiday Station No. 247, 3615 Pilot Knob Road.
D. Agreement, Joint Powers for 1990 Recycling Program Funding
Between the City of Eagan and Dakota County.
It was recommended to approve the 1990 Joint Powers Agreement for
Recycling Program Funding between the City of Eagan and Dakota
County.
E. 1990 Hauler Recycling Compensation.
It was recommended to approve the Solid Waste Abatement
Commission recommendation to set the tonnage payment level at $30.00
per ton of documented recyclable material collected in the City of
Eagan from January 1, 1990 to December 31, 1990.
F. Squad Car, Replacement for Investigation /Police Department.
It was recommended to approve the purchase of a replacement squad
car for Investigation from Freeway Ford.
G. Contract 88 -24, Approve Change Order No. 4 (Lexington Avenue
Reservoir).
It was recommended to continue and further review Change Order
No. 4 to Contract 88 -24 (Lexington Avenue Reservoir) to New Business
at this meeting.
H. Approve Joint Powers Agreement (Street Striping).
It was recommended to approve the Joint Power Agreement for 1990
street striping and authorize the Mayor and City Clerk to execute all
related documents.
I. Contract 88 -34, Approve Change Order No. 3 (Alden Ponds
Street and Utilities).
It was recommended to approve Change Order No. 3 to Contract
88 -34 (Alden Pond Streets and Utilities) and authorize the Mayor
and City Clerk to execute all related documents.
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January 16, 1990
J. Contract 88 -35, Approve Change Order No. 2 (Hidden Valley
Trunk Sanitary Sewer).
It was recommended to approve Change Order No. 2 to Contract
88 -35 (Hidden Valley Trunk Sanitary Sewer) and authorize the Mayor
and City Clerk to execute all related documents.
K. Contract 88 -11, Approve Change Order No. 1 (Woodlands Addition
Trunk Storm Sewer Lift Station).
It was recommended to approve Change Order No. 1 to Contract
88 -11 (Woodlands Addition Trunk Storm Sewer Lift Station) and
authorize the Mayor and City Clerk to execute all related documents.
L. Contract 89 -08, Approve Change Order No. 1 (Well No. 14
Pumphouse).
It was recommended to approve Change Order No. 1 for Contract
89 -08 (Well No. 14 Pumphouse) and authorize the Mayor and City
Clerk to execute all related documents.
M. Contract 88 -21, Acknowledge Completion /Authorize Final Payment
(Cliff Lake Centre Grading and Utilities).
It was recommended to approve the seventh and final payment for
Contract 88 -21 (Cliff Lake Centre Grading and Utilities) to Arcon
Construction Company in the amount of $8,046.87 and acknowledge
completion of the work for City maintenance obligations subject to
appropriate warranty provisions.
N. Contract 88 -23, Acknowledge Completion /Authorize Final Payment
(Cliff Lake Centre Streets and Signals).
It was recommended to approve the ninth and final payment for
Contract 88 -23 (Cliff Lake Centre Streets and Signals) to S.M.
Hentges Sons, Inc., in the amount of $15,242.12 and acknowledge
completion of the work for City maintenance obligations subject to
appropriate warranty provisions.
O. Contract 88 -11, Acknowledge Completion /Authorize Final Payment
(Hurley Lake and Woodlands Addition Trunk Storm Sewer Lift
Station)
It was recommended to approve the seventh and final payment for
Contract 88 -11 (Hurley Lake and Woodlands Addition Trunk Storm
Sewer) to S.M. Hentges Sons, Inc., in the amount of $7,508.23 and
Page 5 /EAGAN CITY COUNCIL MINUTES
January 16, 1990
acknowledge completion of the work for City maintenance obligations
subject to appropriate warranty provisions.
P. Contract 88 -35, Acknowledge Completion /Authorize Final Payment
(Hidden Valley Trunk Sanitary Sewer).
It was recommended to approve the fifth and final payment for
Contract 88 -35 (Hidden Valley Trunk Sanitary Sewer) to S.M. Hentges
Sons, Inc., in the amount of $8,438.00 and acknowledge completion
of the work for City maintenance obligations subject to appropriate
warranty provisions.
Q. Project 543R, Authorize Condemnation of Easements (Skyline
Road Streets and Utilities).
It was recommended to authorize the condemnation of easements for
Project 543R (Skyline Road Streets and Utilities) and retain a
professional appraiser. 9lGo_d.1
R. Contract 88 -17, Acknowledge Completion /Authorize Final Payment
(Cedarvale Boulevard).
It was recommended to approve the third and final payment for
Contract 88 -17 (Cedarvale Boulevard Overlay) in the amount of
$44,122.60 to Midwest Asphalt Corporation acknowledging its
completion and authorizing City maintenance, subject to all
appropriate warranties.
S. Resolution, Designation of the Town Hall as a Local Landmark
of Historical Significance.
It was recommended to adopt the resolution designating the Eagan
Town Hall as a local landmark of historical significance.
McCrea moved, Gustafson seconded, the motion to approve the
consent agenda items as presented and authorize their implementation,
except for Item G Contract 88 -24, Approve Change Order No. 4
(Lexington Avenue Reservoir). All voted in favor.
R- 90.1.1
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January 16, 1990
1990 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS
A. ADVISORY COMMISSION APPOINTMENTS:
Advisory Planning Commission
The following members were appointed to the Advisory Planning
Commission:
1. Three -year terms: Gary Graves and Scott Merkley;
2. One -year term: Dan Hoeft; and
3. One -year alternate term: Joyce Staeheli.
Advisory Parks and Recreation Commission
The following members were appointed to the Advisory Parks and
Recreation Commission:
1. Three -year terms: Shawn Hunter and Sandi Wensmann; and
2. One -year alternate term: John Griggs.
Airport Relations Commission
The following members were appointed to the Airport Relations
Commission:
1. Three -year terms: Larry Alderks and Robert Hafvenstein;
2. Two -year term: Cynthia Ellis;
3. One -year terms: Sandra Masin and Jerry Woelfel; and
4. One -year alternate terms: Becky Newell and George Martin.
Economic Development Commission
The following members were appointed to the Economic Development
Commission:
1. Three -year terms: Corporate Larry Wenzel;
Financial Kirk Duholm; and
Utility Eldon Johnson.
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January 16, 1990
Joint Burnsville /Eagan Cable Communications Commission
The following members were appointed to the Joint
Burnsville /Eagan Cable Commission as follows:
1. Three -year terms: Susan Shaffer and Nick Choban; and
2. One -year alternate term: Jim Unker.
Joint Burnsville /Eagan Cable Communications Commissionmember Terms
Pawlenty moved, McCrea seconded, the motion to direct the
preparation of an amendment to the Burnsville /Eagan Cable
Communications Commission Joint Powers Agreement extending regular
member terms to three years with the term of the alternate to be at
the discretion of the individual cities. All voted in favor.
Pawlenty moved, Wachter seconded, the motion to approve the Gun
Club Lake Watershed Management Organization's request to appoint
members to terms at the pleasure of the Council on the Organization
and to fill vacancies only as they occur. All voted in favor.
Gustafson moved, Pawlenty seconded, the motion to disband the
Special Assessment Committee. All voted in favor.
McCrea moved, Wachter seconded, the motion to establish an
internal Assessments Committee consisting of the Director of Finance,
Director of Public Works, City Attorney and City Administrator, with
a Councilmember present at key meetings. All voted in favor.
B. ACTING MAYOR:
Gun Club Lake Watershed Management Organization
Special Assessments Committee
Mayor Egan appointed Councilmember Wachter as Acting Mayor.
McCrea moved, Gustafson seconded, the motion to ratify the
appointment of Councilmember Ted Wachter as Acting Mayor. All voted
in favor.
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January 16, 1990
C. LEGAL NEWSPAPER:
Wachter moved, McCrea seconded, the motion to approve retaining
This Week Newspapers (Dakota County Tribune) as the City of Eagan's
official legal newspaper. All voted in favor.
D. CITY COUNCIL MEETINGS:
Pawlenty moved, Wachter seconded, the motion to designate the
first and third Tuesdays of each month at 6:30 p.m. for the official
City Council meetings, and designated the alternate dates for the
conflicting meeting dates as follows: May 17, 1990; July 10, 1990 and
November 8, 1990. All voted in favor.
E. STANDING COMMITTEE APPOINTMENTS:
Mayor Egan appointed Councilmembers to serve on the various
standing committees as follows:
1. Councilmember McCrea and Councilmember Pawlenty were appointed
to the Personnel Committee, with Councilmember McCrea as Chairperson;
2. Councilmember Pawlenty and Mayor Egan were appointed to the
Finance Committee, with Councilmember Pawlenty as Chairperson and
3. Councilmember Wachter and Councilmember Gustafson were
appointed to the Public Works Committee, with Councilmember Gustafson
as Chairperson.
Wachter moved, Gustafson seconded, the motion to ratify the
appointments of Councilmembers to serve on various standing
committees. All voted in favor.
F. RECORDING OF MINUTES:
Gustafson moved, Pawlenty seconded, the motion to approve the
recording of City Council minutes in action minute form and the
Advisory Planning Commission minutes in the traditional form, with
all tape recordings of the minutes to be kept for an indefinite
period of time. McCrea, Gustafson, Pawlenty and Egan voted in favor;
Wachter voted against.
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January 16, 1990
G. LIMITATION OF TERMS:
Egan moved, Wachter seconded, the motion to rescind the 3 -year
term limitation policy regarding Commission appointments. Egan and
Wachter voted in favor; McCrea, Pawlenty and Gustafson voted against.
The motion failed.
Councilmember McCrea left the meeting at this time due to
illness.
PROJECT 584 /RAHN ROAD /STREET AND UTILITY RECONSTRUCTION
Wachter moved, Gustafson seconded, the motion to close the public
hearing and approve Project 584 (Rahn Road Street and Utility
Reconstruction) subject to the following modifications: (1)
Restricting parking within 36 feet; (2) No sidewalk on the west, with
a trail on the east; (3) Attempt to save the trees; and (4) An
additional four feet of space between the curb and the trail 44
feet south of Diffley; and authorize the preparation of detailed
plans and specifications and related easement acquisition through
condemnation if necessary. Egan, Wachter, Gustafson and Pawlenty
voted in favor; McCrea was absent.
PROJECT 587 /COVENTRY PASS 2ND ADDITION /STORM SEWER
Wachter moved, Gustafson seconded, the motion to close the public
hearing and approve Project 587 (Coventry Pass 2nd Addition Storm
Sewer) and authorize the preparation of detailed plans and
specifications. Egan, Wachter, Gustafson and Pawlenty voted in favor;
McCrea was absent.
PROJECT 585 /WEST PUBLISHING 3RD ADDITION /STORM SEWER
Gustafson moved, Wachter seconded, the motion to close the public
hearing and approve Project 585 (West Publishing 3rd Addition Storm
Sewer) and authorize the preparation of detailed plans and
specifications. Egan, Wachter, Gustafson and Pawlenty voted in favor;
McCrea was absent.
PROJECT 567R /EFFRESS ADDITION /STORM SEWER
Pawlenty moved, Wachter seconded, the motion to close the public
hearing and approve Project 567R (Effress Addition Storm Sewer),
with the City parcel also being assessed, and authorize the
preparation of detailed plans and specifications. Egan, Wachter,
Gustafson and Pawlenty voted in favor; McCrea was absent.
Page 10 /EAGAN CITY COUNCIL MINUTES
January 16, 1990
PROJECT 549R /STRATFORD OARS ADDITION /SANITARY AND STORM SEWER
Gustafson moved, Pawlenty seconded, the motion to close the
public hearing and continue Project 549R (Stratford Oaks Addition
Sanitary and Storm Sewer) to the February 6, 1990 City Council
meeting. Egan, Gustafson, Wachter and Pawlenty voted in favor; McCrea
was absent.
ICE ARENA PROJECT /TRI- LAND /TIF
Pawlenty moved, Gustafson seconded, the motion to direct the City
staff and consultants to further address the Tax Increment Financing
Plan for the ice arena project as presented by Tri -Land Properties
and report back at the February 6, 1990 City Council meeting. Egan,
Wachter, Gustafson and Pawlenty voted in favor; McCrea was absent.
Gustafson moved, Wachter seconded, the motion to approve the
expense agreement requiring payment or reimbursement for
out -of- pocket expenses paid or incurred by the City for the
processing of the TIF application for the ice arena project as
presented by Tri -Land Properties. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
SENECA WASTE WATER TREATMENT PLANT /PRESENTATION BY CITIZENS
Egan moved, Gustafson seconded, the motion to proceed with the
full hearing process before an Administrative Judge for considering
the DNR Water Appropriation Permit in connection with the Seneca
Waste Water Treatment Plant. Egan, Wachter, Gustafson and Pawlenty
voted in favor; McCrea was absent.
SENECA ODOR CONTROL ADVISORY COMMITTEE /CONSULTANT
Gustafson moved, Wachter seconded, the motion to direct the
City's consultant (Metcalf Eddy Services, Inc.) to make on -site
inspection of odor control improvements at the Seneca Plant. Egan,
Wachter, Gustafson and Pawlenty voted in favor; McCrea was absent.
Egan moved, Gustafson seconded, the motion to direct staff to
further review the state's compliance with the DNR permit and
determine the City's options and report back to the Council at the
February 6, 1990 City Council meeting. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
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January 16, 1990
POPPLER HOMESTEAD NO. 2 /PRELIMINARY PLAT /REZONING
Gustafson moved, Wachter seconded, the motion to approve a
rezoning of 4.55 Agricultural acres to a Single Family district as
requested by Lawrence G. Poppler. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
Wachter moved, Egan seconded, the motion to approve a preliminary
plat consisting of three single family lots located on the south side
of Lone Oak Road, east of Pilot Knob Road in the northwest quarter of
Section 10, as requested by Lawrence Poppler for the Poppler
Homestead No. 2, subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, B1,
B2, B3, B4, Cl, C2, C5, D1, El, F1, and G1.
2. The development is required to upgrade the existing
substandard bituminous roadway in accordance with the City Code
requirements but allowing a 24 foot width.
3. The development is required to include the dedication of a
public road right -of -way for Poppler Lane in the final plat.
4. The development is required to extend sanitary sewer and water
service to the right -of -way line of each platted parcel.
5. The development is required to revise the existing ponding
easement for Pond DP -15 to include all the areas up to the defined
highwater level as identified in the City's Comprehensive Storm Sewer
Plan.
6. The development is required to provide a ponding easement for
(Pond DP -2) Lemay Lake to the defined high water level as identified
in the City's Comprehensive Storm Sewer Plan.
7. Ten foot setback variances from Lone Oak Road and Poppler Lane
shall be permitted with the approval of this plat.
Page 12 /EAGAN CITY COUNCIL MINUTES
January 16, 1990
8. Lots 7, 8 and 9 shall be renumbered to Lots 1, 2 and 3.
Egan, Wachter, Gustafson and Pawlenty voted in favor; McCrea was
absent.
CONTRACT 88 -24 /LEXINGTON AVENUE RESERVOIR /CHANGE ORDER NO. 4
Egan moved, Gustafson seconded, the motion to approve Change
Order No. 4 to Contract 88 -24 (Lexington Avenue Reservoir) and
authorize the Mayor and City Clerk to execute all related documents.
Egan, Gustafson and Pawlenty voted in favor; Wachter voted against;
McCrea was absent.
PROJECT 543R /MURRAY EASEMENT
Gustafson moved, Wachter seconded, the motion to approve an
agreement with Robert Murray to grant a permanent easement in
connection with Project No. 543R. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
CHECKLIS'T`S
Wachter moved, Egan seconded, the motion to approve the checklist
dated December 31, 1989 in the amount of $684,096.80, the checklist
dated January 15, 1990 in the amount of $509,684.62 and the checklist
dated January 16, 1990 in the amount of $391,588.53. Egan, Wachter,
Gustafson and Pawlenty voted in favor; McCrea was absent.
EXECUTIVE SESSION /ADJOURNMENT
The City Council adjourned the regular meeting to an executive
session to consider attorney /client privileged information at 2:40
a.m. The executive session was adjourned at 3:00 a.m.
CITY OF EAGAN
q t,„11,0stL__
E. VanOverbeke, City Clerk