02/07/1995 - City Council Regular
000
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
February 7, 1995
A regular meeting of the Eagan City Council was held on Tuesday, February 7, 1995, at 6:30 p.m.
at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, and
Hunter. (Councilmember Masin arrived at 6:45 p.m.) Also present were City Administrator Tom Hedges,
Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney
Jim Sheldon.
tE DI t7F>t UTG t NINtI SY.. NME gE......
Mayor Egan thanked all outgoing commission members who have served the City of Eagan, and
presented certificates to those who were present.
AC EN A
Hunter moved, Wachter seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0
Councilmember Awada questioned whether the correction to the January 3, 1995 regular meeting
minutes was made by Councilmember Masin. Administrator Hedges Indicated he will have the secretary
check into it. Councilmember Hunter noted that on page 6, paragraph 4, the vote should be 4-1. Wachter
moved, Hunter seconded a motion to approve the minutes as corrected. Aye: 4 Nay: 0
Awada moved, Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0
NIfNUTEE€1A iUARIf# `"19EPEfiA}iMEETNt
Wachter moved, Hunter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0
U'fiNUTES>>`r1A!i>;t![ll4' t;'`IEEkE>MENi
Councilmember Hunter requested a correction on page 1, paragraph 5, by replacing the words "due
to the fact" with "according to his analysis". He also requested a correction on page 2, paragraph 3, by
replacing the word "some" with "continued". Hunter moved, Awada seconded a motion to approve the
minutes as corrected. Aye: 4 Nay: 0 (Councilmember Masin arrived at this time.)
tSI`":.S~CHt B3NiEftEiDNI[>PNESk'`TiA: 1
Jim Nikolai, Chairperson of ISD #197, and Bob Monson, Superintendent of ISD #197, gave a
presentation on their upcoming school bond referendum on March 7th. They Indicated that the main
reasons for the bond issue are the condition of Grass Junior High School, and the overcrowding of the five
elementary schools. They explained the tax impacts of the bond referendum and what will need to be done
if the referendum doesn't pass.
SITORSTOREHEARt
Lydia Bohn, Charlie Altendorfer, Natalie Darwttz, Andrew Berg and Travis Gunderson thanked the
Mayor and Councilmembers for helping to get the ice arena and presented a check for $80,000 from the
Eagan Hockey Association. Mayor Egan thanked the Eagan Hockey Association for their contribution to
this facility.
EAGAN CITY COUNCIL MINUTES; FEBRUARY 7, 1995
PAGE 2
3NSENfENDA
In regard to Item D, Fire Station Remodel /Architectural Contract. Councilmember Hunter suggested
that a sentence be added to Article 11.2.1 to read, "Contract not to exceed $10,625.00." Councilmember
Wachter Indicated a concern about not stating the hourly rates. He feels it Is too open ended. Administrator
Hedges Indicated he will check Into It.
In regard to Item G, Final Payment/Water Quality Improvements. Councilmember Wachter noted
that this came In $10,000 under the bid.
In regard to Item I, Approve Change Order #1: Municipal Center Site Improvements Phase II.
Councilmember Wachter asked where the lights will be deducted from. Public Works Director Colbert
explained that many of these will not be removed; they will simply be replaced with different types.
In regard to Item N, Approve Amendment to Engineering Contracts, Councilmember Hunter
requested clarification, and Public Works Director Colbert gave an explanation. Some discussion followed.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Howard Faviila as Building Maintenance Supervisor.
Item 2. It was recommended to approve the hiring of Brian Rundquist, Kimberly Perry, and Curtis Sticha
as Community Service Officers.
Item 3. It was recommended to approve the hiring of Theresa Bland as a seasonal Winter Recreation
Leader.
Item 4. It was recommended to approve the hiring of Carrie Ann Vasquez as a temporary part-time
maintenance worker for the youth development program.
Item 5. It was recommended to approve the designation of Assistant to the City Administrator Duffy as the
City of Eagan's representative to the National Organization on Disability.
B. Plumbers Licenses. It was recommended to approve the plumbers licenses, attached hereto as Exhibit
A, as presented.
C. Proclamation. Volunteers of America Week, March 5-12. It was recommended to approve the
proclamation.
R-95.8
D. Approve Architectural Contract. Arthur Dickey Architects, Remodeling of Fire Station #14 It was
recommended to approve the contract as amended, with the clarification on hourly rates.
E. 1994 General Fund and Public Utilities Fund Budget Adjustments. It was recommended to approve the
adjustments as presented.
F. Temporary Beer License. West Publishing Emolloyees Club. Annual Men's Party. It was recommended
to approve the temporary beer license for February 18, 1995 as presented.
G. Contract 93-15. Acknowledge Completion/Authorize Final Payment, Water Quality Improvements. It was
recommended to acknowledge completion and authorize final payment for Contract 93-15 as presented.
H. Reapproval, Prettyman Heights 2nd Addition. SE 1 /4 of Section 4. It was recommended to give
reapproval.
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EAGAN CITY COUNCIL MINUTES; FEBRUARY 7, 1995
PAGE 3
1. Contract 94-13. Agprove Change Order #1 (Municipal Center Site Improvements - Phase II). It was
recommended to approve Change Order #1 and authorize the Mayor and City Clerk to execute all related
documents.
J. Contract 93-S. Acknowledge Completion /Authorize City Maintenance (Diffiey Commons 2nd Addition
Streets & Utilities). It was recommended to acknowledge completion of Contract 93-S and authorize
perpetual City maintenance subject to all related warranty provisions.
K Contract 93-Y. Acknowledge Corn letion/Authorize City Maintenance (Signal Point Utilities). It was
recommended to acknowledge completion of Contract 93-Y and authorize perpetual City maintenance
subject to all related warranty provisions.
L Contract 93-N. Acknowledge CompietionAAuthorize City Maintenance (Town Centre 70 - 15th Addition).
It was recommended to acknowledge completion of Contract 93-N and authorize perpetual City maintenance
subject to all related warranty provisions.
M. Contract 94-11. Approve Change Order #1 (Waterview Addition Utilities). It was recommended to
approve Change Order #1 to Contract 94-11 and authorize the Mayor and City Clerk to execute all related
documents.
N. Approve Amendment to Engineering Contracts (Fee Schedule). It was recommended to approve the
revised Engineering Fee Schedules as submitted.
0. Approve County Signal Agreement (Lexington Avenue & Yankee Doodle Road). It was recommended
to approve Traffic Signal Agreement #95-01 with Dakota County for Project 638R and authorize the Mayor
and City Clerk to execute all related documents.
P. Contract 95-02. Approve Plans and Specifications and Authorize Advertisement for Bids. Lexington-Diffley
Fencing. It was recommended to approve plans and specifications and authorize advertisement for bids
for Contract 95-02, as presented.
0. Approve Contract with Lund-Martin, and Authorize Mayor and City Clerk to Execute Contract. Civic Arena
Project. It was recommended to award the bids for the Civic Arena project including Package A of the bid
alternates to Lund-Martin as presented.
R. Waiver of Subdivision. EHW Properties. NW 1/4 of Section 28. It was recommended to approve the
waiver of subdivision.
R-95.9
S. Ordinance Amendment. Section 13.10. Regarding Requirements of Preliminary and Final Platting. It was
recommended to approve the ordinance amendment as presented.
T. Award Dasher Board System Proposal, Civic Arena. It was recommended to award the dasher board
contract to Becker Arena Products in the amount of $98,405.30 as presented.
U. Change Order. Police Department Building Project. Northland Concrete. It was recommended to
approve Change Order #3/pco 37 in the amount of $98,952.84.
Awada moved, Hunter seconded a motion to approve the consent agenda as amended. Aye: 5
Nay: 0
` 5 E'SS
OLD
WEST LONE OAK ROAD
Mayor Egan introduced this item as Project 679, West Lone Oak Road storm drainage. Public
Works Director Colbert gave the background of this request. He indicated that the Public Works Committee
000,'
EAGAN CITY COUNCIL MINUTES; FEBRUARY 7, 1995
PAGE 4
recommended that the City and County work together to provide some stabilization from the end of the
upstream culvert to the bottom of the hill, and that any further stabilization across the property would be
at the discretion and expense of the property owners.
Jim Schwab, 1555 Lone Oak Road, stated he feels this Is the City's problem, not his. They do not
direct the water onto their property as a catch basin for Lone Oak Road. Mayor Egan noted that this has
been on numerous agendas, and the Public Works Committee has considered this very thoroughly. He feels
it is a legal and technical matter. The City is responsible for the general public health, safety and welfare,
not the individual welfare of each household in the city. He feels the City has come up with a reasonable
conclusion and has received no response. Considerable discussion followed concerning the drainage and
erosion in this area, how it was caused, and whose responsibility It is to correct it. Councilmember Wachter
Indicated that until Lone Oak Road Is upgraded, everyone needs to work together to try to utilize all
resources to correct the situation. Mayor Egan noted that this is a county road and Dakota County Is not
willing to participate to any great degree, and it would only be a stopgap measure. This is primarily a
county responsibility. He feels the offer made by the city is very generous as a temporary measure until the
road Is upgraded.
Councilmember Awada asked whether the property owner is willing to see if this will work. Mr.
Schwab indicated he would be if the engineers feel it will minimize the problem. Wachter moved, Hunter
seconded a motion to receive the recommendation of the Public Works Committee regarding proposed
Project 679 and approve the preparation of a feasibility report or other such action as may be deemed
appropriate. Aye: 5 Nay: 0
APPOINTMENT/PLANNING COMMISSION
Mayor Egan Introduced this Item as appointment to the Planning Commission. Administrator
Hedges noted that there was a resignation on the Advisory Planning Commission that was Inadvertently
missed during organizational business. He Indicated that the Council needs to appoint someone to fulfill
the remaining one year of this three-year term. He noted the Council could add Peggy Carlson, who was
selected as an alternate, to the ballot. After some discussion, Masin moved, Awada seconded a motion to
appoint Peggy Carlson to fill the term vacated by Scott Merkley. Aye: 4 Nay: 1 (Hunter opposed.)
After a balloting by the Council, Clyde Thurston was chosen to fill the one-year alternate position
on the Advisory Planning Commission.
tE USINES:
VARIANCES/RED ROBIN RESTAURANT & BIG WHEEL ROSSI
Mayor Egan Introduced this item as variances for Red Robin Restaurant and Big Wheel Rossi.
Community Development Director Reichert gave a staff report on this project. Considerable discussion
followed concerning the setback, roadway design, and the amount of right-of-way needed by the county.
Councilmember Awada asked what the applicant's position Is on the recommendation by
Community Development. Martin Colon, the developer, requested that he be granted the right to give an
easement to the county, and that the proof of parking for Big Wheel Rossi be eliminated. He noted that
there is a condition that he can't give easements in the approval process. He doesn't view It as a variance;
but rather the elimination of a condition. Mayor Egan asked how he feels about the fencing in lieu of
landscaping at the Red Robin Restaurant. Mr. Colon Indicated he feels it is premature at this time.
Councilmember Awada asked whether he would be willing to escrow a certain amount of money
that would normally be spent on landscaping to be held until such time as the city could either come up
with an overall landscape plan for the area, or there is a landscape area for Town Centre 100 or something
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EAGAN CITY COUNCIL MINUTES; FEBRUARY 7, 1995
PAGE 5
else In the future. Considerable discussion followed concerning the landscape plan and what amount should
be dedicated by the applicant, the amount of easement, and what conditions should be Imposed on these
variances.
Awada moved, Hunter seconded a motion to approve an 11' building setback variance, and the
elimination of a proof of parking stalls adjacent to Yankee Doodle Road for Town Center 100 Fourteenth
Addition (Big Wheel Rossi), subject to the condition that the developer submit revised Site and Landscape
Plans illustrating the replacement of the proof of parking/drive aisle area with landscaping, to be approved
as part of the final Planned Development. Aye: 5 Nay: 0
Awada moved, Hunter seconded a motion to approve a 15' parking setback variance for Town
Center 100 Fifteenth Addition (Red Robin Restaurant), subject to the following conditions:
1. The developer shall provide a 5' construction easement to the City.
2. The developer shall provide a cash equivalent in lieu of vegetative landscaping, to be deposited
into a City fund for Central Area improvements.
3. The Planned Development agreement shall reflect that the property owners shall be responsible
for maintaining the architectural landscaping constructed on site.
Aye: 5 Nay: 0 Some discussion followed.
LE 31SLATIVE `[NT£R O'StE IIf t'>I` FAIRS' PD T
Administrator Hedges announced that the MLC Legislative Dinner Is tomorrow evening. He also
announced that the Dakota County League of Governments meeting was rescheduled to February 15th.
Discussion followed concerning fiscal disparities, local government aid and HACA. Wachter moved, Awada
seconded a motion to approve the White Paper prepared by Councilmember Hunter addressing the Orfield
legislation. Aye: 5 Nay: 0
iai City Council Meeting Schedule. Masan moved, Hunter seconded a motion to set special
Council meetings for 7:00 p.m. on February 13 with the Advisory Parks, Recreation & Natural Resources
Commission; and on Tuesday, February 21, at 5:00 p.m. Aye: 5 Nay: 0
Counciimember Wachter noted that the billboards along Highway 13 were supposed to help
advertise for Cedarvale. He hasn't seen that happen. He also suggested that the property owners should
clear their own sidewalks of snow rather than having the City doing it. He feels it would be too costly for
the City to do it.
Councilmember Masan noted she and Mayor Egan attended the opening of District 191 Community
Education Center in Diamondhead Mall and she found it very impressive.
Councilmember Hunter noted that he, Peggy Reichert and Tom Hedges met with Reverend
Borgschatz last week, and it was a very cordial visit. They laid out several options for their property.
Councilmember Wachter Indicated he attended a meeting of the Dakota County Economic
Development Partnership, and he came back with a lot of information. Mayor Egan added that he met with
Scott Beckman for an update of the Partnership and he was very Impressed.
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EAGAN CITY COUNCIL MINUTES; FEBRUARY 7, 1995
PAGE 6
;HECK: A>rI3'R ,
After several questions, Wachter moved, Egan seconded a motion to approve the check register
dated February 2, 1995 in the amount of $6,023,744.86; and the check register dated February 3, 1995 in
the amount of $511,237.86. Aye: 5 Nay: 0
At approximately 8:30 p.m. the meeting adjourned to a work session, to be followed by an executive
session.
DLP
February 7, 1995
Date City e
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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.