02/28/1994 - City Council Regular
001061
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
February 28, 1994
A regular meeting of the Eagan City Council was held on Tuesday, February 28, 1994, 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 James Sheldon.
AGENtht
City Administrator Hedges noted that the contract under Item I of the Consent Agenda, Approve Plans
and Specifications/Authorize Advertisement for Bids, Wescott Commons and Lexington/Diffley Parks, was
changed to Contract 93-16.
Masin moved, Hunter seconded a motion to approve the agenda for the February 28, 1994 regular City
Council meeting as amended. Aye: 5 Nay: 0
lV I UTES
The following corrections were made to the minutes of February 15, 1994:
Page 1, Paragraph 7, Sentences 4 and 5: Strike both sentences and replace with: "He said wading pools
have a typical neighborhood orientation and would like to see the facility built, but in an appropriate location."
Page 1, Paragraph 8, After Sentence 2: Add the following: "However, the Council agreed that since
the wading pool was specified as an inseparable part of the first phase civic arena project in the 1993 CIP, it
should be included in the architectural design at this time. The wading pool is to be designed to cost under
$100,000."
Page 8, Paragraph 4, Sentence 1: Name should be "Tim" Commers.
Page 9, Paragraph 2: Strike sentence 2.
Page 13, After condition #5, the vote should be: Aye: 5 Nay: 0
Page 14, Paragraph 5, the vote should be: Aye: 4 Nay: 0
Page 14, Paragraph 6, the vote should be: Aye: 4 Nay: 0
Hunter moved, Egan seconded, a motion to approve the minutes of the February 15, 1994, regular City
Council meeting as amended. Aye: 5 Nay: 0
Wachter moved, Awada seconded a motion to approve the minutes of the February 22, 1994 special City
Council meeting as presented. Aye: 5 Nay: 0
DEPARTMENT HEAD B>;JSI~IESS
FIRE DEPARTMENT
FIRE PREVENTION POSTERS
Mayor Egan introduced this item as Fire Prevention Poster Contest Awards. After brief remarks by
the City Administrator, Fire Chief Dale Nelson explained Fire Prevention Week and the fire prevention poster
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PAGE 2/EAGAN CITY COUNCIL MINUTES
February 28, 1994
contest, both local and statewide. All three poster winners were present and all received a plaque and $10 for
their accomplishments.
RECOGNITION/JOHN & KAREN FLOOD
Mayor Egan introduced this item as Recognition of John and Karen Flood, 25 Years of Fire Department
Service. Fire Chief Dale Nelson acknowledged Karen and John Flood's 25 years of service with the Eagan Fire
Department. He provided background on these two, exemplary volunteers. Also introduced was one of the
City's former Fire Chiefs, Bob Childers, who helped present the awards to the Floods.
RECOGNITION OF NEW FIREFIGHTERS
Mayor Egan introduced this item as Recognition of New Fire-fighters. Fire Chief Dale Nelson
complimented Training Officer Lowell Barkey and the training staff at the Eagan Fire Department for the
excellent job they do in preparing new firefighters for the department. Chief Nelson explained what is involved
in becoming a firefighter and the commitment it takes. He then introduced the new firefighters and Mayor Egan
presented them with their badges.
Wachter moved, Masin seconded a motion to present badges to and accept the new volunteer
firefighters: Tim Bush, Jeff Deming, Tony Mahowald, Eric Marx, Al Taylor and Bruce Tillery. Aye: 5 Nay:
0
...........................ia7SENT
C i~iD
1C
Regarding Item E, Authorize Advance of Cable Franchise Fees, Joint Cable Commission Budget,
Councilmember Awada asked why the Cable Communications Commission was requesting an advance on
franchise fee payments. Assistant to the City Administrator Hohenstein explained that the Commission had not
carried over as large a fund balance as usual from 1993 and because the annual financial audit was not yet
completed, the advance was necessary to prevent a cash flow problem. Councilmember Awada asked why when
there is only one month before the audit is completed, the Commission needs almost the entire franchise fee
contribution. Mr. Hohenstein said that because the entire amount is usually paid at completion of the audit, the
amount of the advance had not been seen as a problem.. Mayor Egan indicated his willingness to support the
action requested, however, he recommended that future requests include a stronger justification. Councilmember
Wachter recommended that half the amount requested be released to the Cable Commission at this time; the
majority of the City Council agreed. Councilmember Masin indicated no preference.
Councilmember Wachter indicated he was not in favor of the percentage increase outlined under Item
F, 1994 Fee Schedule, Water and Sanitary Sewer Rates. The Councilmember said that while the City cannot
do anything about the rates charged by the Metropolitan Waste Commission, it can control what it (the City)
charges. City Administrator Hedges explained that while the percentage seemed high, it was because of the
small amount involved. He said the actual dollars involved, were minimal. Councilmember Awada expressed
her preference for more justification for the rate increase and City Administrator Hedges said the rate increase
would be reviewed and brought back to the City Council. The item was removed from the Consent Agenda.
A. Personnel Items
Item 1. Investigator--It was recommended that the appointment of Officer Jonathan Moldstad as an
investigator in the Eagan Police Department be approved.
Item 2. Election Judge Compensation Rate--It was recommended that the 1994 compensation rates for
election judges be approved at $5.50 per hour and for election judge supervisors at $6.50 per hour.
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February 28, 1994
B. Plumbers' Licenses
It was recommended that the plumbers' licenses be approved as submitted (Exhibit A).
C. Contract Amendment /Municipal Center Architectural Services
It was recommended that a contract amendment with Thorbeck and Associates for the Police
Department/Municipal Center architectural services for a not-to-exceed amount of $411,750 be ratified as
presented.
D. Construction Management Contract Amendment
It was recommended that a contract amendment for E & V Inc. for the Police Department/Municipal
Center construction management services be continued indefinitely.
E. Cable Commission Budget Franchise Fee Advance
It was recommended that a partial advance of cable franchise fees to the Joint Cable Commission budget
be approved as reduced.
F. 1994 Fee Schedule/Water & SanitarySewer Rates
This item was removed from the Consent Agenda and continued for further review.
G. Receive Final Assessment Roll/Order Public Hearing Project 650 (Hawthorne Woods 3rd Addition's
It was recommended that the final assessment roll for Project 650 (Hawthorne Woods 3rd Addition)
be received and a public hearing scheduled for April 5, 1994.
H. Ratify Ordinance Amendment/Mayor & City Council Salaries
It was recommended that an ordinance amending City Code, Chapter 2, Administration and General
Government, Section 2.11, raising the salary of the Mayor to $750 per month and the salaries of the City Council
to $540 per month be ratified effective January 1, 1995.
1. Contract 93-16 Approve Plans and Specifications/Authorize Advertisement for Bids. Wescott
Commons & Lexinglon/Diffley Parks
It was recommended that the plans and specifications for Contract 93-16 (Park Construction of
Lexington Diffley Athletic Site and Wescott Commons Park) be approved and authorization be given to advertise
for bids for this contract.
J. Final Plat/Four Oaks Estates
It was recommended that the final plat for Four Oaks Estates be approved.
R-94.15
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February 28, 1994
K Approve Supplemental Agreement #16 to County Contract 30-06 (City Project 607. Diffley Road -
Pond Excavation)
It was recommended that Supplemental Agreement #16 to County Contract 30-06 (City Project 607,
Diffley Road - Pond Excavation) for a net increase of $13,130 be approved and the Mayor and City Clerk
authorized to execute all related documents.
L. Proclamation/AFS Host Family Recognition Week
It was recommended that a proclamation designating the week of March 6-12, 1994, as AFS Host Family
Recognition Week be approved.
Hunter moved, Masin seconded, a motion to approve the Consent Agenda with a modification to Item
E, Authorize Advance of Cable Franchise Fees, Joint Cable Commission Budget, reducing the amount of the
advance on franchise fee to $30,000; and with the removal of Item F, 1994 Fee Schedule, Water and Sanitary
Sewer Rates. Aye: 5 Nay: 0
R-94.16
PUBLIC HEARING
PROJECT 659/DODD ROAD
Mayor Egan introduced this item as Project 659, Dodd Road (Stage II Street Construction & Trail
Improvements). After brief remarks from City Administrator Hedges and Director of Public Works Colbert,
Greg Stonehouse of Maier, Stewart & Associates introduced himself as well as other representatives of his
company. He explained Project 659 and the improvements proposed for each segment of Dodd Road between
Cliff and Diffley Roads. In closing, Mr. Stonehouse discussed the cost of the project, the amount proposed to
be assessed, as well as the construction schedule for the project.
Councilmember Wachter asked whether the project would require the relocation of the intersection catch
basins. Mr. Stonehouse said virtually all catch basins would have to be relocated to accommodate the 36 foot
roadway rather than the 44 foot roadway originally proposed. Mayor Egan then opened the hearing to public
comment.
Jeff Johnson, 4464 Reindeer Lane, expressed his concerns about the loss of trees with construction. Mr.
Stonehouse said five properties were checked for similar concerns and all but one can be resolved. Director of
Public Works Colbert said of the four properties, construction will either not disturb the landscaping or if it does,
the trees can be relocated.
Ann Pietsch, 4275 Dodd Road, asked about the City's receipt of financing from the State. Director of
Public Works Colbert said the City does receive financing from the State of Minnesota and upon completion of
the project, the City will apply for those funds. Ms. Pietsch indicated she had already paid $11,000 in
assessments on her property and cannot afford this assessment. She said she also does not want a senior citizens
deferment because eventually the assessment still has to be paid. She then asked why the original street
construction didn't last 25 years. Director of Public Works Colbert explained that the street was originally
constructed as a Phase I street with the intention that Phase II improvements would widen the road to a 44 foot
wide section. He said the scope of Phase Il improvements were revised to the 36 foot street by taking more
recent population and traffic projections into account. He also noted that if the street had been completed to
its final stage in 1980, it would have been 44 feet wide and much more expensive.
PAGE 5/EAGAN CITY COUNCIL MINUTES 0013' +a;&
February 28, 1994
Sharon Shelerud, 4312 Stirrup, is the President of the Pinewood Elementary School parent teacher
association. She said she was involved in the petition for sidewalks on both sides of the street and is happy that
they are now to be installed. She said sidewalks are needed for the children along Dodd Road and with all the
children now walking in the streets, it's an accident waiting to happen. Bob Ferguson, Principal, was also present
representing Pinewood Elementary School Site Council.
Kari Kurfman, 717 North Hay Lake Road, indicated her support for the project because of her children.
She also mentioned that the deteriorating roadway has caused some problems with drainage.
Don Pawlenty, 4280 Dodd Road, said he would like a new street, however, had problems with the
assessment. He said he did not understand why the people along Dodd Road would have to pay for something
that is a community collector. Mayor Egan explained that those who take direct access off Dodd Road are
assessed a residential equivalent. He also noted that the City is already paying 92% of the project with the
remainder, 8%, assessed to those who take direct access.
Gordon Schramm, 4370 Dodd Road, asked about the appraisal process and if the appraisal did not
increase the value, whether the assessment would be lowered. Director of Public Works Colbert said the City
will pay for appraisals of representative properties to determine the increased value to the property and that
amount would be used to put a maximum cap on the assessments. If the homeowner still does not agree with
the increased value, they can hire their own appraisal and then the court will decide. Mr. Schramm requested
an appraisal. In answer to a question from Mr. Schramm, Director of Public Works Colbert said that parking
on Dodd Road would be restricted to one side. Mayor Egan added that if the project is approved, the City will
approve plans and specifications as well as the property appraisals. He said the final assessments will be based
on those appraisals and, while the assessments can go down, they will not go up. At that, Mayor Egan closed
the hearing to public comment.
Councilmember Hunter stated that the sidewalks on Dodd Road are overdue; however, noted that the
project is a tribute to the City because by taking a wait-and-see attitude, the project now proposed is of lesser
scope than originally intended.
After Mayor Egan explained the timeframe involved with this project, Wachter moved, Awada seconded
a motion to close the public hearing and approve Project 659 (Dodd Road - Stage II Street Construction) and
authorize the preparation of detailed plans, specifications, and representative property appraisals. Aye: 5 Nay:
0
Director of Public Works Colbert advised Mr. Ferguson that construction on this project would occur
mostly in the summer to minimize conflicts. While there is kindergarten during July, staff will work with the
school to alleviate some of the difficulties associated with construction.
OLD SNMS
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APPOINTMENT/EDC VACANCY
Mayor Egan introduced this item as appointment to Economic Development Commission vacancy. City
Administrator Hedges stated that staff had advertised for anyone seeking an appointment to the Economic
Development Commission and a letter had been received from Paul Abbott expressing interest. City
Administrator Hedges pointed out options available to the City Council, however, Mayor Egan and
Councilmember Wachter indicated they had no problem supporting Mr. Abbott.
Wachter moved, Masin seconded, a motion to appoint Paul Abbott to the Economic Development
Commission for a three year term. Aye: 5 Nay: 0 -
PAGE 6/EAGAN CITY COUNCIL MINUTES
February 28, 1994
LEXINGTON MEADOWS SUBDIVISION SALE
Mayor Egan introduced this item as receive bids/authorize sale, Lexington Meadows Subdivision, City
of Eagan. City Administrator Hedges explained the background on this item and the new bidding process. He
said a bid had been received from Hoffman Development and the question before the Council would be whether
the bid amount is acceptable since it is less than the recommended minimum.
Councilmember Wachter said he was not in favor of accepting the bid and Councilmember Hunter
expressed his preference for Alternative 4. (Alternate 4 is outlined in the City Council packet as "enter into
negotiations with those firms or individuals expressing interest in the original RFP process.") Councilmember
Hunter recommended the bids be rejected and that staff be directed to negotiate with all companies expressing
interest. Director of Public Works Colbert strongly recommended grading of the building pads for the property
thereby making the lots more presentable and more easily marketed. Councilmember Hunter then suggested
that a new RFP be issued after the grading. Councilmember Awada added that the City has to get its investment
out of the property and may need to sell the lots individually.
After brief additional discussion, Wachter moved, Hunter seconded, a motion to reject the bid received
and directed staff to complete the grading and finish the lots with buildable pads for sale through a second RFP
process.
Before the vote, City Administrator Hedges clarified that the recommended selling price for the property
would be $192,000 plus grading costs and if the price is not attained, the lots will be sold individually. The
Council agreed.
Kevin Hoffman, representing the only bidder, said the City should not act as a developer by risking
money, etc. in developing the property. He said Hoffman Development had followed procedures but believe the
amount the City wants for the property is excessive. Mr. Hoffman referred to the hidden costs in developing
and selling property and because all the lots will not be sold at once, there are expenses to holding the property.
He added that while the City can increase the amount of money it puts into the property through grading costs,
it won't increase the value more than those additional costs.
Mayor Egan then called the vote. Aye: 5 Nay: 0
tw BUSI.NE.SS
OFF-SALE LIQUOR LICENSE/ASMITA & KANTIBHAI PATEL
Mayor Egan introduced this item as a license for off-sale liquor for Asmita & Kantibhai
Patel/Blackhawk Liquors, 4130 Blackhawk Road. City Administrator Hedges said everything was in order.
Hunter moved, Egan seconded a motion to approve an off-sale liquor license for Asmita and Kantibhai
Patel, Blackhawk Liquors, 4130 Blackhawk Road. Aye: 5 Nay: 0
VARIANCE/MICHAEL DEVOS
Mayor Egan introduced this item as a variance for Michael Devos, of 8 feet to the required 30 foot
frontyard setback for Lot 6, Block 3, Wilderness Run 6th Addition, located at 4257 North Nybro Lane, NW 1/4
of Section 27. City Administrator Hedges noted that a variance does not require action by the Advisory Planning
Commission.
Director of Community Development Reichert explained the variance request and its location. She
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PAGE 7/EAGAN CITY COUNCIL MINUTES
February 28, 1994
noted that the applicant had begun construction without a building permit and found he needed a variance for
encroaching into the front setback area. She noted that neighboring homes on either side meet the setbacks.
Mike Devos, the applicant, said they have had a problem for the past ten years with ice build-up due
to runoff from the roof. He said other solutions have been tried and it wasn't until beginning construction on
the addition that he realized he needed a building permit and variance. Mr. Devos noted that none of his
neighbors have the ice problem due to different construction treatment of the entry areas.
Mayor Egan asked Mr. Devos how he got this far in the process without realizing he needed a building
permit. Mr. Devos said he thought the project was too small and would not require a building permit.
Councilmember Wachter said he did not believe this would solve the problem. Councilmember Wachter
indicated he was opposed to the variance because residents need to know that a building permit is needed and
the objections of the neighbors have to be considered. Councilmember Hunter also recounted the reasons for
setbacks and noted that without a hardship, approving this variance would set a precedent.
After additional discussion, Hunter moved, Wachter seconded a motion to deny a request from Michael
Devos for an 8 foot variance to the 30 foot frontyard setback for Lot 6, Block 3, Wilderness Run 6th Addition,
located at 4257 North Nybro Lane. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT/NEW ULM ENTERPRISES
Mayor Egan introduced this item as a planned development amendment for New Ulm Enterprises
(Holiday Inn Express), to allow a pylon sign on Lot 2, Block 2, Rahncliff 3rd Addition, and the Rahncliff 2nd
Addition planned development, located along the west side of I-35E, south of Cliff Road in the NW 1/4 of
Section 32. City Administrator Hedges noted the Advisory Planning Commission had considered this item at
their January 25 meeting and had recommended approval. Director of Community Development Reichert said
the pylon sign being requested is 25 feet, which she noted is 2 feet lower than the maximum allowed. Ms.
Reichert said the APC had recommended approval subject to four conditions.
Awada moved, Wachter seconded a motion to approve an amendment to the Rahncliff Planned
Development to allow a pylon sign on Lot 2, Block 2, Rahncliff 3rd Addition, subject to the four conditions set
forth by the Advisory Planning Commission as requested by New Ulm Enterprises (Holiday Inn Express):
1. A one time sign fee of $2.50 per square foot shall be paid upon application.
2. A planned development amendment agreement shall be entered into.
3. An updated pylon sign exhibit shall be submitted.
4. No building-mounted signage shall be permitted.
Aye: 5 Nay: 0
LGILATIVETRUOVERNMENTA AFFAI It jJP
b1TE DA'Jf'E
ECONOMIC DEVELOPMENT MEMBERSHIPS
Mayor Egan introduced this item as Economic Development Commission recommendation regarding
memberships. City Administrator Hedges noted that the Economic Development Commission had been charged
with reviewing memberships and that action on membership in Metro East had been delayed until the EDC
OOOSE
PAGE 8/EAGAN CITY COUNCIL MINUTES
February 28, 1994
could look at any and all memberships by the City. This recommendation for the City Council regards
membership in the Dakota County Economic Development Partnership and it should be noted that with
membership in that organization, the City automatically becomes a member of Metro East.
Councilmember Awada said it was obvious that the EDC's recommendation on membership in the
Dakota County Economic Development Partnership did not consider costs. Councilmember Wachter noted that
when the City decided not to join Metro East, it was because of the dues. He observed that now, with
membership in the Dakota County Economic Development Partnership, the City becomes an automatic member
of Metro East. In answer to a question from Councilmember Wachter, Director of Community Development
Reichert said the area covered by the Dakota County Economic Development Partnership includes Ramsey and
Washington Counties as well as Dakota. She explained that Eagan will soon be the largest city in Dakota County
and the Economic Development Commission believes that with that distinction comes some leadership
responsibilities. The organization is only going to be as good as the involvement of its members and this may
present an opportunity to leverage the dollars available for economic development. Ms. Reichert reported that
$3,800 has been budgeted for newsletters, etc. for the Economic Development Commission, however, they feel
membership in the Economic Development Partnership may do more.
A number of concerns were raised regarding competition within the organization for development
projects and the work already being done by the Chamber of Commerce and the Convention & Visitors Bureau
in promoting the City. City Administrator Hedges explained the difference in philosophy between the CVB and
the Dakota County Economic Development Partnership with one promoting just Eagan and the other working
on preserving the tax base, attracting businesses, and generally enhancing all the member cities. Councilmember
Wachter noted he was in favor of the Partnership but not particularly Metro East.
Mayor Egan stated there has been a philosophical change with the new Mayor of St. Paul, Norm
Coleman, and Metro East. Their primary goals is a network with Dakota County and they now realize that what
is good for the region is what is good for the cities. He added that Eagan has so much to offer that if it does
join the Partnership, more development will come its direction than the other way. Councilmember Awada said
she generally has a problem with groups because of their reliance on "funny money;" however, if that is not the
primary objective of this organization, she could support membership.
Councilmember Masin suggested a one year trial membership with a review prior to renewal to see what
the organization has accomplished for the City. Mayor Egan agreed, however, noted that results probably would
not happen overnight. The Council agreed that such a review should take place with all organizations the City
belongs to and Community Development Director Reichert advised that the Economic Development Commission
has the review on its agenda. Councilmember Hunter added that other lobbying groups that have nothing to
do with economic development should have a review by the City Council.
After brief additional discussion, Awada moved, Hunter seconded a motion to approve a
recommendation by the Economic Development Commission regarding membership in the Dakota County
Economic Development Partnership with the condition that the City Council will review the Mission Statement
and goals and objectives, and review membership in one year. Aye: 5 Nay: 0 (Councilmember Wachter
reluctantly voted in favor.)
CELLAI~IEOTJ I 1t S
MIS
There was brief discussion regarding the school district boundaries study and the letter proposed to be
sent to those residents expressing an interest in the issue. Councilmember Hunter asked that the following
sentence be added to the letter, "Specifically, the impact to school districts would be significant and warrant
further study."
PAGE 9/EAGAN CITY COUNCIL MINUTES 00063
February 28, 1994
Councilmember Wachter mentioned talking to a resident who is not in favor of the change in the school
boundaries. He suggested that the study proceed cautiously. Mayor Egan also discussed a phone message, as
well as a Letter to the Editor, regarding this study and added that the City has an obligation to look at the issue
seriously or it is doing a disservice to its residents.
City Administrator Hedges asked a question about the decision to use maple in the remodeling of the
municipal center. The Council agreed that because the difference in cost is insignificant and because the symbol
of the community is an oak tree, that oak will be used in the remodeling.
City Administrator Hedges made reference to a letter from the Eagan Fire Department Relief
Association regarding direction from the Council on pension amounts. He said even though they had been
provided with the information and the direction, they would still like to meet with the City Council. The City
Council agreed that they would meet with the Relief Association as long as the Association recognizes there is
little room for movement this year.
SPECIAL CITY COUNCIL MEETING
Wachter moved, Awada seconded, a motion to schedule a Special City Council meeting for March 8,
1994 at 5:00 p.m. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated February 25, 1994 in the
amount of $1,245,071.57. Aye: 5 Nay: 0
ADJOOR)` MENTJEXECUTIE SESSION
The regular meeting of the Eagan City Council adjourned to executive session to discuss pending
litigation at approximately 9:20 p.m. Those present at the executive session were Mayor Egan, Councilmembers
Awada, Hunter, Masin and Wachter, City Administrator Hedges, and- City Attorney James Sheldon. The
meeting adjourned at approximately 9:45 p.m.
KF
CITY OF EAGAN
S~bekIf 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).