01/03/1995 - City Council Regular
0o' .
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 3, 1995
A regular meeting of the Eagan City Council was held on Tuesday, January 3, 1995 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, and City Attorney Jim Sheldon. Oath of office was
administered by Administrator Hedges to Mayor Egan, and Councilmembers Awada and Wachter.
Wachter moved, Awada seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0
1NtT`>GF?1EEIE!#` #4'iEGrU#1tNf
Mayor Egan noted a typographical correction on page 4. Awada moved, Wachter seconded a
motion to approve the minutes of the December 20, 1994 regular meeting as corrected. Aye: 5 Nay: 0
Councilmember Hunter requested a change on page 1, paragraph 2, by replacing the words the
Fire Relief Association's request for this legislation' to read 'abide by any legislated limit up to $4,200.'
Masin moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0
EP10.R MEN HE 1
Council member Wachter requested a report from the Finance Director on the Green Acres Issue due
to the fact that the county has not come through with their report.
Councilmember Hunter Indicated an Incident occurred over the weekend where police officers
responded to a call, and he felt they acted very professionally. He complimented the entire department.
He feels it Is a credit to the entire city.
In regard to Item D, Findings of Fact on Denial of a Request for Rezoning from Eagan Family
Housing Partnership. Mayor Egan suggested this be discussed at the end of the consent agenda.
In regard to Item E, Project 638R. Approve Plans/Construction Agreement. Yankee Doodle Road.
Mark Heinlein, 3310 Rolling Hills Drive, expressed a number of concerns about the extension of Yankee
Doodle Road Into Inver Grove Heights. Public Works Director Colbert noted that this project Is for the
proper channelization and signalization of the Intersection with T.H. 149. It isn't tied to the extension of
Yankee Doodle Road Into Inver Grove Heights. Mr. Heinlein raised the Issue of the role of West Publishing
In the extension of this road. Considerable discussion followed concerning the layout of this roadway, and
Mr. Heinlein suggested this Intersection be made a three-way Intersection. Steve Bryant of West Publishing,
noted that their expansion was based on the extension of Yankee Doodle Road, and It has always been In
the long range plan. A citizen of Inver Grove Heights spoke against the extension of Yankee Doodle Road.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Manotham Bounnak, Ian Dozier, Kenneth Fry, Jason
Schwamb, Cris Deny, Jamie Starin, Ken Weimer, Wylie Haukiand, Mark Stickler and Chad Riley as winter
recreation leaders for the winter season.
Item 2. It was recommended to renew the agreement with DCA, inc. for the administration of the flexible
spending account for the City of Eagan.
00002
EAGAN CI1Y COUNCIL MINUTES; JANUARY 3, 1995
PAGE 2
B. Plumbers Licenses. It was recommended to approve the plumbers licenses as shown in Exhibit A as
presented.
C. Contract 94-14. Award of Contract. Miscellaneous Water Quality Improvements. It was recommended
to reject all bids and authorize staff to seek sealed quotes for the Improvements to Pond JP-14.
E. Project 638R. Approve Plans /Construction Agreement/No Parking Resolution. Yankee Doodle Road
(Coup Project 28-12. MSAP 195-112-03. It was recommended to authorize the Mayor and City Clerk to
execute the highway construction agreement between Dakota County and the City, approve the "Municipal
Plan Approval Resolution", and approve the resolution for parking restrictions on both sides of Yankee
Doodle Road between Lexington Avenue and 850' east of T.H. 149 for this project. R-95.1
R-95.2
F. City Contract 93-06. Authorize Final P ment/Authorize City maintenance (T.H. 149 and Northwest
Parkway. & O'Neil Drive Street Improvements. It was recommended to approve the fifth and final payment
for Contract 93-06 in the amount of $19,164,51 to Valley Paving and authorize the acceptance of the
Improvements for perpetual maintenance subject to warranty provisions.
G. Contract 93-JJ. Acknowledge Completion/Authorize City Maintenance (Woodlands 4th Addition Streets
and Utilities. It was recommended to acknowledge completion of Contract 93-JJ and authorize perpetual
City maintenance subject to warranty provisions.
H. Renewal. AVI Maintenance Service Contract. It was recommended to renew the audiovisual maintenance
service contract with AVI as presented.
1. Resolution Commending Bumsviile Mayor Dan McElroy for his Years of Service- It was recommended
to approve the resolution as presented. • R-95.3
J. Change Order. Police Department Building Project. Bartley Sales. It was recommended to approve
change order #1/PCO #31 for Bartley Sales Company In the amount of $244.95 as presented.
K. 1995 Joint Powers Agreement for Traffic Markings. Street Sweeping, Crack Sealing & Sealcoating. It was
recommended to approve the Joint Powers Agreement and authorize the Mayor and City Clerk to execute
all related documents.
L Project 682. Authorize Feasibility Re oprt Preparation (Deerwood Townhomes Utility Extensions); It was
recommended to authorize the preparation of a feasibility report for City Project 682.
M. Massage Therapist License. Hendricus Jansen. It was recommended to approve the license as
presented.
Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0
D. Findings of Fact on Denial of a Request for Rezoning from Eagan Family Housing Partnership.
Administrator Hedges gave a brief background of what has happened on this to date. Councilmember
Wachter stated he feels the HRA is using the threat of a lawsuit to get he or Councilmember Awada to
change their vote and he doesn't feel this is right. The only reason he Is against this is because he feels
it Is in the wrong location. He Is willing to talk to the HRA to see If this can be relocated at another location.
He feels there are many other locations where this can be located. He feels people have a right to express
their opinion and he will not change his vote. Councilmember Awada concurred.
Councilmember Masin stated she feels there has been a lot of misrepresentation about Eagan In
the press. She feels the city has a variety of housing stock available and Is heavy In multi-family
development and it is her understanding that Eagan Intends to continue to pursue a balance of housing
stocks. She noted there have been problems with some of the multiple family areas and the Council asked
the HRA to help solve some of these problems. She feels this means the City has confidence In the HRA
operation. When the HRA approached the Council earlier with a location that was already under a lot of
00003
EAGAN CITY COUNCIL MINUTES; JANUARY 3, 1995
PAGE 3
stress, the Council asked the HRA to reconsider the location. The City drew up a matrix. With this
Information, the City asked the HRA to avoid three areas. The vote on a motion regarding this was
unanimous. They were providing direction to the HRA. When the current site came to them, there was a
lot of opposition from the residents. She feels that many of the reasons given are not consistent with what
she knows of the HRA. She has seen no proof of the claims made by the neighbors to this property. She
doesn't feel that just because someone makes $20,000 per year that they will be violent and won't take care
of their property. If the residents are opposed to the townhouses, she can't believe they would want to have
the apartments. The HRA can put in apartments without any question. This request to rezone from
apartments to townhouses is consistent with what the city wants to do, which is downzoning. She feels the
opposition is unfair, the HRA has done what the Council requested of them; It doesn't seem to be legal; and
It doesn't seem to be consistent with what the Council has been doing since she has been on the Council.
If the HRA purchases the land, they can put the apartments In. They have requested the townhouses, which
to her makes more sense.
Counclimember Awada emphasized that the City Council has not approved a certain site for this.
They eliminated certain sites and ranked other areas. Councilmember Masin responded that if the Council
didn't provide appropriate direction, she doesn't think the HRA should suffer for it. Councilmember Hunter
stated that this is a proposal for downzoning. The City has never denied a residential downzoning request
to his knowledge, so the reason for this denial Is due to the income of the proposed tenants, which is
blatantly discriminatory and completely illegal. The Council has gotten legal advice substantiating that from
a number of sources. He would like to see the HRA move the project, but feels they closed that door with
the recent letter they received that states that no other site Is workable. A proposal came before them and
they have to judge the proposal on its own merits. A downzone is reasonable, and the Council can't
discriminate based on income. The findings of fact are on the flimsiest of grounds and will be easy to
disprove In court, so he won't support them. Everyone would like to see the project moved to another site,
but developers have rights and the HRA is a developer. He noted that the Council did not anticipate that
the HRA would move this quickly.
Councilmember Awada stated she can remember downzonings that were turned down and usually
it is when there is heavy opposition in the area. Some discussion followed.
Mayor Egan stated the Council has been told numerous times that there Is no legal basis to deny
this project. He feels the reasons given in the findings are transparent, hypocritical and unsupportable. If
this project goes In with a much higher density, or if the City Is Involved In a lawsuit over this, it is not a
victory for the residents. Furthermore, there is little that can be done to redeem the Image the City of Eagan
has seen tarnished over the last month. He encouraged people to think about what will happen to this
property now that this rezoning has been denied.
Hunter moved, Egan seconded a motion to deny the findings of fact on the denial of a request for
rezoning for Eagan Family Housing Partnership. Aye: 2 Nay: 2 (Awada, Wachter opposed; Masin
abstained) Councilmember Wachter indicated he would like to talk to the HRA to discuss other locations.
Councilmember Masin stated she feels the City of Eagan's word isn't good because the City gave them
direction and then changed the rules. Counclimember Wachter indicated he changed his mind and that Is
his prerogative. People have a right to express themselves and so does he. He Is willing to find a place
in Eagan for this project. After some discussion, Councilmember Masin changed her vote in support of the
motion. Therefore, the motion passed.
WAIVER OF PLAT DUPLEX LOT SPLIT/DON CHRISTIANSON
Mayor Egan Introduced this item as a duplex lot split for Don Christenson for the Southwest Quarter
of Section 15 on Crestridge Court. After a brief explanation by Community Development Director Reichert,
Awada moved, Wachter seconded a motion to approve the waiver of plat to allow a duplex lot split of Lot
1, Block 1, Buffer Hills Addition, subject to all applicable City Code requirements, and that each unit shall
be served by separate utility services. Aye: 5 Nay: 0
R-95.4
EAGAN CITY COUNCIL MINUTES; JANUARY 3, 1995
PAGE 4
Councilmember Hunter noted that due to a commitment he recently made for Wednesdays, he will
no longer be able to serve on the Dakota County League of Governments. He requested this be discussed
during organizational business.
1 .1.11 T tS9- l ti'1!1` # ..r,. 3
Mayor Egan noted there will be an Executive Session following this meeting.
R3E#''4f»L
Community Development Director Reichert noted they have been receiving a lot of continuing
development proposals, and they are looking forward to a busy winter. She also noted that the Lone Oak
study has been completed, and the residents were supportive of the results.
Public Works Director Colbert noted he has a meeting with the Schwabs this week, and will be
bringing back the drainage issue on January 17th.
Administrator Hedges asked whether the Council would like a non-denominational prayer said at
the next meeting for the new year. Councilmembers indicated they would.
Administrator Hedges Indicated he had a meeting with the architect and construction manager on
the Municipal Center expansion and a question was raised regarding the wood paneling in the lobby that
will require some added costs. Counciimember Awada stated the wood paneling should be In the plans and
specifications and at no added cost to the city. Councilmember Hunter concurred. Councilmember
Wachter stated he disagrees with the architect about how much it will cost for the plans and specifications.
Administrator Hedges suggested that Councilmember Wachter be a Council representative when meeting
with the architect and construction manager on change orders for this project, and other Councilmembers
concurred.
RE;; R£:..:::.. ;R
Wachter moved, Egan seconded a motion to approve the check register dated December 28 In the
amount of $319,279.27, and the check register dated December 30 in the amount of $1,707,918.68. Aye:
5 Nay: 0
t•tNt`
The Council adjourned to Executive Session at 8:10 p.m.
DLP
January 3, 1995
Date ity erk
If you need these minutes In an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535).
The City of Eagan Is committed to the policy that all persons have equal access to Its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, marital status or status with regard to public assistance.
EXHIBIT A
PLUMBER LICENSES FOR APPROVAL - YEAR 1995
1. AAA ABBOTT PLUMBING & HEATING INC.
2. ALL AMERICAN MECHANICAL INC.
3. AQUA CITY PLUMBING INC.
4. ASSOCIATED MECHANICAL CONTRACTORS
5. BOEDEKER PLUMBING & HEATING
6. BUDGET PLUMBING CORP.
7. CENTURY PLUMBING INC.
8. D C MECHANICAL
9. DAKOTA PLUMBING & HEATING INC.
10. DINIUS PLUMBING COMPANY
11. LEON DUDA PLUMBING SERVICES INC.
12. FIVE STAR PLUMBING INC.
13. G R MECHANICAL
14. GENZ-RYAN PLUMBING & HEATING CO.
15. GILBERT MECHANICAL CONTRACTORS INC.
16. GOPHER MECHANICAL CONTRACTORS INC.
17. GORHAM-OIEN MECHANICAL INC
18. TOM HESSIAN PLUMBING INC.
19. HORWITZ INC.
20. JERRY'S PLUMBING
21. LEVAHN BROTHERS INC.
22. MCQUILLAN BROS. PLBG. & HTG. INC.
OUG
23. MATTHEW DANIELS INC.
24. MINNESOTA PLUMBING & HEATING INC.
25. DICK MOTZ PLUMBING
26. NASSEFF PLBG & HTG INC.
27. NORDIC SERVICES
28. PEINE PLUMBING & HEATING INC.
29. PIPER PLUMBING
30. PLYMOUTH PLUMBING
31. RICHFIELD PLUMBING CO.
32. ROTO ROOTER SERVICES CO.
33. SAUBER PLUMBING & HEATING CO.
34. DALE SORENSON CO.
35. STATE MECHANICAL INC.
36. SWANSON & SCHIAGER PLBG. CO.
37. THOMPSON PLUMBING CORP.
38. VOSON PLUMBING INC.
39. WESTONKA MECHANICAL CONTRACTORS
40. WIDMER INC.
EXHIBIT A
00013
PLUMBER LICENSES FOR APPROVAL - YEAR 1995
1. ALTA LTD. dba ALTA MECHANICAL
2. BLAYLOCK PLUMBING CO.
3. BRUCKMUELLER PLUMBING INC.
4. GARY BUTLER PLUMBING INC.
5. DALBY PLUMBING
6. EGAN & SONS CO.
7. GENERAL PLUMBING & HEATING INC.
8. RAYMOND E HAEG PLUMBING INC.
9. HUTTON & ROWE INC.
10. J-BERD MECHANICAL CONTRACTORS
11. LAKESIDE PLUMBING & HEATING INC.
12. MCDERMOTT MECHANICAL INC.
13. MCGUIRE & SONS
14. MCGUIRE MECHANICAL SERVICES INC.
15. METROPOLITAN MECHANICAL CONTRACTORS INC.
16. JIM MURR PLUMBING INC.
17. NORTH ANOKA PLUMBING INC.
18. P.R.S. MECHANICAL INC.
19. PARSONS PLUMBING & HEATING
20. PLUMBING SERVICES INC.
21. PLUMM INC.
22. RITE-WAY PLUMBING INC.
00GAL r)
23. PRIOR LAKE PLUMBING
24. SALZER PLUMBING
25. SEITZ BROTHERS INC.
26. SOUTHTOWN PLUMBING INC.
27. STAR PLUMBING & EXCAVATING
28. UNITED WATER & SEWER CO.
29. VALLEY PLUMBING CO. INC.
30. VILLAGE PLUMBING INC.
31. WELD & SONS PLUMBING
32. WELTER & BLAYLOCK INC.
33. WENZEL PLUMBING & HEATING INC.
For January 17, 1995 City Council Meeting
EXHIBIT A
0005`
PLUMBER LICENSES FOR APPROVAL - YEAR 1995
1. A J PLUMBING
2. BONFE'S PLUMBING SERVICE & REPAIR, INC.
3. ELANDER MECHANICAL INC.
4. ERICKSON PLUMBING, HEATING & COOLING, INC.
5. HARRIS CONTRACTING COMPANY
6. JAVENS MECHANICAL CONTRACTING CO.
7. KELLY PLUMBING & HEATING INC.
8. LBP MECHANICAL, INC.
9. MAIN LINE PLUMBING
10. N. S. MECHANICAL, INC.
11. NORTHLAND MECHANICAL CONTRACTORS, INC.
12. NOVA-FROST, INC.
13. P & D MECHANICAL CONTRACTING CO.
14. PENN PLUMBING
15. MIKE PETERSON PLUMBING
16. R C PLUMBING
17. SCHULTIES PLUMBING
18. SMISEK'S
19. DALE SORENSON CO. INC.
20. SOWADA & BARNA PLUMBING
21. SPRIGGS PLUMBING & HEATING CO.
22. SURMA PLUMBING
23. TIM'S QUALITY PLUMBING, INC.
24. TSCHIDA BROS. PLUMBING
25. WILLIAMS PLUMBING & HEATING