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02/06/1996 - City Council Regular
/1. Ab rr ,r.4f 1 .. ;r MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 6, 1996 A regular meeting of the Eagan City Council was held on Tuesday, February 6, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke and City Attorney Jim Sheldon. ...................... i>tL~iENE3A Administrator Hedges noted that Mike Reardon will explain the new audio visual equipment during Department Head Business. Hunter moved, Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 ~iliiNt3Tl~5 OiF JAN~4RY "C8, "l99i3 REGULAR ltllEE'}7N Councilmember Wachter requested a change on page 10, relating to the historic bell, that the word "enclosed" should be "mounted". Councilmember Masin noted a correction on page 1 relative to the donation from the Lions Club, that the check was for the purchase of five defibrillators. Wachter moved, Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ~NISITORS 70 !gE ~iEAFiO __. __ Bea Blomquist gave an update on the status of bills being introduced relative to comprehensive guide plan. She noted the House File is H.F. 2886, and the Senate File is S.F. 2428. She noted there is another bill being introduced that would allow cities to get a loan to fund the changes necessitated by earlier legislation. Discussion followed. McKenzie Foster, Shelly Baker, Linda McWilliams, and Marsha Johnson gave information to the Council regarding bus service problems in Eagan on routes using the RTS buses which are being used by the MVTA for this area. Some of the problems experienced include: 1) late/inconsistent service; 2) malfunctioning or no heat; 3) noxious exhaust fumes/inadequate ventilation problems; as well as other issues. They proposed several solutions, and noted that the drivers have been courteous and friendly. Councilmember Masin indicated that the MVTA is aware of these concerns and is working on them, noting the buses are in the process of being weatherstripped. She also noted that someone from the MVTA follows up on all complaints to make sure they have been resolved. The Operations Manager for the bus company was present and acknowledged receiving these concerns and noted they are trying the rectify the problems and should have them all resolved by the end of the week. Ms. Foster indicated she would report back to the Council in a couple of weeks. iPAF!<>~'~~TIT;HI:A© Bl1'~TN~SS ................................. ....................................... Mike Reardon, Cable Coordinator, thanked representatives from Electronic Interiors and Ron Braun for their assistance in designing the audio visual system for the Council Chambers, and Meredith Cable for use of their cablecast equipment in the interim. He reviewed the new audio visual system in the Council Chambers, and demonstrated different lighting scenarios for giving presentations, as well as the presentation system ......................... ................... COrISL~N7 AGEi!~E~A _.. ............................................ In regard to Item A, Personnel Items. Councilmember Masin commended Nancy Ingerson for 23 years of service to the City of Eagan. In regard to Item B, Resolution Gambling Premises Permit Renewal Application Eagan Lions Ctub Councilmember Masin indicated she will abstain on this item. EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 2 ~~~~ e In regard to Item D, Ordinances Regarding Special Hunting Permits. Councilmember Wachter asked whether these will come back to the Council. Police Chief Pat Geagan responded that the ordinance would allow them to be approved administratively, but he indicated he could give the Council a report. Discussion followed concerning the wording of the ordinance and what criteria will be used for approving these permits. Councilmember Awada indicated she would like applicants to have the ability to appeal denials to the Council and would like that incorporated into the ordinance. In regard to Item K, Vacate Public Pond Easement. Proposed Promenade Development, Councilmember Wachter asked whether this new pond will have the same capacity, and Director of Public Works Colbert indicated that it will. In regard to Item S, Authorize Preparation of Code Change Relation to Liquor Licenses and Request Legislative Approval of Five Additional On-Sale Licenses, Hunter moved, Wachter seconded a motion to move this item to Oki Business. Aye: 5 Nay: 0 A. Personnelltems Item 1. It was recommended to approve the hiring of MaryJo Eilers as a part-time Clerical Tech III for the Police Department. Item 2. It was recommended to approve contracting with the following persons for the following positions: Chris Larson, Ryan Picek, Jason Schwamb and Scott Merkley as boot hockey officials; Sara Selikowitz and Kim Nowicki as naturalists; Jerry Korba for the basketball officials group; Bruce Berry and David Schomurg as basketball scorekeepers; Vince Mergens, Tim Campbell, Wayne Fox, Greg Neumann, Dan Smith and Dan McManus as broom ball officials; and John Glynn and Kim Hopkins as skating instructors. Item 3. It was recommended to accept the letter of resignation from Nancy Ingerson, Eagan Police Dispatcher. Item 4. It was recommended to approve the hiring of Lorenzo Davis Jr. as an Administrative Intern. B. Resolution. Gambling Premises Permit Renewal Application. Eagan Lions Club, Cedarvale Lanes. 3883 Beau d'Rue Drive. It was recommended to approve a resolution renewing the gambling premises permit as presented. (Councilmember Masin abstained on this vote.) 96 • ~ C. Temporary Beer License, West Publishing Employees Club Men's Party. It was recommended to approve a temporary beer license for the West Publishing Employees Club on February 17, 1996. D. Ordinances Adding City Code Section 6.47 and Amending Section 10.10 Regarding Special Hunting Permits. It was recommended to approve the amendments to allow administrative review and approval of special hunting permits. E. Retirement of Police Canine. It was recommended to approve the retirement of Tex, the Police Department's canine, by declaring him to be surplus property and authorizing the department to give him to an interested party. F. Proiect 701. South Hills Addition. It was recommended to authorize the preparation of a feasibility report. G. Proiect 702, Woodgate 2nd Addition. It was recommended to authorize the preparation of a feasibility report. H. Proiect 703, Mallard Park 2nd Addition. It was recommended to authorize the preparation of a feasibility report. I. Proiect 704, Wescott Road and Lexington Avenue Signalization. It was recommended to authorize the preparation of a feasibility report. EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 3 l~i~R~7, J. Contract 95-04. Deerwood Townhomes. It was recommended to approve Change Order #2 for Contract 95- 04 and authorize the Mayor and City Clerk to execute all related documents. K. Vacate Public Pond Easement. Proposed Promenade Development. It was recommended to receive the petition to vacate a public pond easement as described and schedule a formal public hearing to be held on March 4, 1996. L. Authorization to Conduct Aerial Deer Survev. It was recommended to authorize contracting with the Minnesota Department of Natural Resources to perform an aerial survey of the City's deer population. M. Final Subdivision. Deerwood Townhomes 2nd Addition. It was recommended to approve a final subdivision for the Deerwood Townhomes 2nd Addition. 96.8 N. ~0-Dav Extension of Completion Dates Stipulated in Development Contract (Town Centre 100 Fourteenth Addition) -Big Wheel Rossi. It was recommended to approve a 90 day extension for construction completion dates for the Big Wheel Rossi auto parts store on Lot 1, Block 1, Town Centre 100 Fourteenth Addition. 0. Resolution. Fiscal Year 1996 CDBG Application. It was recommended to approve a resolution approving the application of the City of Eagan for Fiscal Year 1996 Dakota County Community Development Block Grant Funding. 96 , g P. Change Orders. Municipal Center Expansion and Police Facility It was recommended to approve change orders in the amount of $267.50 for the Police Department, and $2,548 for the Municipal Center expansion as presented. ~. Contract 96-09, Award Contract. Blackhawk Park Shelter Building, It was recommended to award Contract 96-09 to Thor Construction in the amount of $262,639. R. Authorize Cable Commission to Administer Transfer of Ownershipproceedings. It was recommended to authorize the Burnsville/Eagan Cable Communications Commission to administer the transfer of ownership from Meredith Cable to Continental Cablevision. S. Authorize Preparation of Code Change Relating to Liguor Licenses and Request Legislative Approval of Five Additional On-Sale Licenses. (This ftem was moved to Old Business.) T. Final Subdivision. Bob Martin Addition. It was recommended to approve the final subdivision as presented. 96.10 U. Authorization. Airport Relations Commission. Position on Modffication of Corridor Tower Order. It was recommended to authorize the Airport Relations Commission to formulate a position consistent with previous policy regarding a proposed modification of the FAA Tower Order concerning corridor procedures. V. Contract 94-W. St. Charles Wood Addition. It was recommended to acknowledge completion of Contract 94-W and authorize perpetual City maintenance subject to all appropriate contractual warranty provisions. Hunter moved, Wachter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 ~~' BUSINESS AUTHORIZE PREPARATION OF CODE CHANGE RELATING TO LIQUOR LICENSES AND REt~UEST LEGISLATIVE APPROVAL OF FIVE ADD1TlONAL ON-SALE LICENSES Administrator Hedges noted that Representative Tim Pawlenty introduced the bill prior to Council authorization due to the fact that the deadline for introducing bills is this week. AI Baker, of AI Baker's EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 4 ~(-r'~n Restaurant, indicated he favors anything that improves the economic development of the city, but is concerned about oversaturation of the industry. He is concerned that the city will end up with a lot of national chains and it makes it difficult for small independent establishments to survive. Councilmember Hunter stated that ff the c'rry can't get more liquor licenses, the code shouldn't be changed. The Council can decide later whether or not to take out the hotel designation. Councilmember Wachter concurred. He doesn't favor giving all of the additional licenses to the Promenade. Councilmember Awada stated that 'tf the city gets the five additional licenses, this needs to be revisited. She feels the city should deregulate as much as possible. She feels the hotel and valuation designations should be removed. Councilmember Hunter asked whether the licenses can be issued even ff they don't fit the designation and City Attorney Sheldon responded that the city has contrd of the ordinance. Hunter moved, Awada seconded a motion to request special legislation to increase the number of available on-sale liquor licenses by five, and that consideration of removing designations in the code for valuation and hotel be continued until after the legislative session. Aye: 5 Nay: 0 1996 ENGINEERING SERVICES FEE SCHEDULE Councilmember Hunter questioned the clerical and word processing fees, noting there is a large discrepancy between Bonestroo's fees and the others. Director of Public Works Colbert noted that the difference is that Bonestroo sets their fees and the others have a range that they work within. Councilmember Hunter asked how much of the charges are in those categories, and Director of Public Works Colbert indicated that it varies, depending on the type of work performed. Councilmember Awada suggested that the Finance Department audit not only the fees, but how long it takes for each of these companies to complete a project. Councilmember Hunter noted that it is impossible to compare that aspect because projects are all so different. Councilmember Wachter stated he feels it would be worth the effort to do the audit. Steve Gatlin, of MSA, Inc. reviewed a typical product and how it is charged. Councilmember Awada stressed the importance of doing an audit. Councilmember Masin stated that the guarantee should be addressed as well. The consensus of the Council was to have the Finance Department do an audit. Masin moved, Awada seconded a motion to approve the requested adjustment for the 1996 Fee Schedule for engineering services provided by MSA, Inc. Aye: 5 Nay: 0 EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL, VANTAGE POINT Karen Caponi, representing Vantage Point, urged Council approval of this extension. Community Development Director Reichert noted that it is the recommendation of the City Attorney that because the conditions of preliminary plat may not address many of the issues that may come up wfth the revisions, the plat should be resubmitted to keep the city on sound legal ground. She reviewed the revisions as proposed. Councilmember Hunter stated it is obvious there will be major grading impacts and possible issues with the tree preservation guidelines and he feels it would be appropriate to start the process over. They have done this before wRh other applications. Hunter moved, Awada seconded a motion to deny the 90-day extension for the Vantage Point preliminary subdivision. Aye: 5 Nay: 0 1996-2000 CAPITAL IMPROVEMENTS PROGRAM Councilmember Wachter asked about his request for analysis of the square footage for existing Fire Administration property and the 40 acre Municipal Center campus to help the City Council determine how and what public facilities might be expanded on those sites. Administrator Hedges indicated that response should be completed in April or May. Councilmember Hunter questioned what the expenses are for the Novell Local Area Network and whether those expenses could come out of the cable franchise fees. Administrator Hedges indicated the expenses could come out of franchise fees, but he could look into it and get back to the Council. After some discussion, Wachter moved, Hunter seconded a motion to approve the 1996-2000 Capital Rz¸T£ˆNZ`’Ì›¯#wý âÍçøЃ üÇŽäõíÉîSûM;w\iÓ&+ÈþR¤/·º{H³G™‹7J6Š‰k½“µðì×w>ö™Ê©¢–®(O´*_¾pîÂ!勲xNaÖ£=q¡¶¹‘†¼Î‡*¸ ”ú‹Ê%§¹u™gL3¥.ÅWÿœò9÷®7ÓjÎç¸äCð¼l ¢BÍÝ´#gOîið[Åö=Ϙ“ªžÃ%…êãpH/¼˜n• ÍYlIç/)m khê·àãêñÚ@æòIñ¶áàè²aÌûvCÄ4Þç·“qÊÏìüýL¡ÖðܤàåH°ä\ÈEAáàí@áèC†ç€o¡æã°t±)éÉÂo–ÊŸÛÊ¿«ÖYxï.׉»…8ßLËŠÏ‘µþÒºA~¼ñ™ƒ#ˆÂ…×&¦Mp”«‡Kïëí¢Še¿÷öð€Å¨â³Í²¾¤¡Ö<Áw„¾ÉU¨$Ÿ¦² ×[~E¤¢ºêÀºì6ÓÀ©îÖo†õå´”z3M1Ënî+¯n<5îò-¨š(Træ¥èóõöw| ý?¢¦¡î¾"Ï0*(8ƒÂ.¯"‹Íc¹¯ êŽÊž3 è\ å"m@‹Q±7-|Óá‰û‚½ wD(Nk|Ñ |CÍg™>öÑüuLÐ5Og˜R®ÐrÃn÷Š÷͵ËõygÍŽÖ2ü9cà[ÏhYpe¹nªºâ»¼¯áJ$é–Îj×)äó§6ª>ãøöÜeɆ¾¢¾œŽç¾Î_Jàjàz–@)A7Žp™4ò6>ïé =Чóà>Ïhë€âÃSÊS»2Ò8rÓ"(Æz…ž$¯A›2†Ð ¨MwŠF™SI“§VsÓiã ßÈþŒT< žôÙŒE-"?Í?¤lÖ~4Úu aˆbËsˆJG_T9OÛ!’}„dW.æßSF•XEÔ”ya]ÊAPk6p$nÁÊï×aú»¬¶TÏ°·Æñ›/NÂLëZ^9ACCãóò’(@iâcá@Jéä”ÊŽ¶Žï ¾–š…Ë°¤îÝEMrÁwî³U:°±Ïk–.:þÐ,pÒó6ÁŠ•˜]`]Pý¹þgÆIk‚E •àÉ6üFÕ®¶Ò*@PM€ák&XBVwÍ–\xœÙfÓVø0—ÆXÇÖ3øÑ×4rŠçÚP[GœhÎ\šµÑNyÄö.t@U¦{Ô›UÞoç{S×Gw'À4’L Ã3ÔÂ)ge«ØÝÝÒËqQØÝœDÇcRWTU\tUMC®ÍútSRÀì/§S >-âýŠé%ÃÖil ZÑ9sâþ@1/Yék{u. ˜¾ö¦&a5Pë7‚ßÜ*+ºUO©‹Le2pAÒÞŸ[¦¨t£Õ3J/eUwÂ?Q˜©^GYœÃÈ©1å‰dÊõæî®Rïk¯:ƒ©ôm‰ÍÍ$2Úø¸89ß"6}L(+×´§HMðïJdª=Ê,œh?nB7ºîùî‰x…¬*æ°9ßÖç¯$…9$fí!2.që/n‡Æì²1rÊ1ÑÅ32ʦ£ä®¡eœ*ÉLµbõ`| pÔÖû“Ñ‹B|ØÌ#E˜Œ–_gv©Ù‘žb3ògçñO˜V7_ÄLeÖÀ1ãN0Tâ5 …[^4\85:\R;Õ¥l×E'£ÊeÓãéôšuT3bP7T°Mi“Y³ü²)r”}ûdUQ¼KtÊ ‹ZR°Æ;+éÕ5@´Y\l’ÊAF•eYŒjIÊÝÌ]ây9å^°ú=~—ƒmYoVóNCø±žRZò€·]!Æy§ýÈ