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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. Page 3 /EAGAN CITY COUNCIL MINUTES 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. Page 4 /EAGAN CITY COUNCIL MINUTES 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 Page 6 /EAGAN CITY COUNCIL MINUTES 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. Page 7 /EAGAN CITY COUNCIL MINUTES 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. Page 8 /EAGAN CITY COUNCIL MINUTES 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. Page 9 /EAGAN CITY COUNCIL MINUTES 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. Page 11 /EAGAN CITY COUNCIL MINUTES 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