12/20/1994 - City Council Regular
CIO 4" 1
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 20, 1994
A regular meeting of the Eagan City Council was held on Tuesday, December 20, 1994 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, Project Planner Mike Ridley, Director of Public
Works Tom Colbert, and City Attorney Jim Sheldon.
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Wachter moved, Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0
lINU1tS' iI E BER' <'199 G?l > I:AEETi G
Councilmember Masin requested a change on page 9, paragraph 3, by replacing the last sentence
with the following language, "Councilmember Masin added that it gave them the opportunity to have a very
good understanding of the Issues regarding the particular development.0 Counclimember Awada requested
that clarification be given to the last sentence on page 4, paragraph 4. She also requested that on page
7, line 6, that the sentence be revised to read, The Council has met twice on this and it was felt this area
was more appropriate than other areas for this type of housing." Mayor Egan noted that on Item E of the
Consent Agenda, he would like to reflect an abstention on the vote. Hunter moved, Awada seconded a
motion to approve the minutes as amended. Aye: 5 Nay: 0
Wachter moved, Hunter seconded a motion to approve the minutes of the December 7,1994 special
Council meeting. Aye: 5 Nay: 0
Masin moved, Hunter seconded a motion to approve the minutes of the December 14, 1994 special
Council meeting. Aye: 4 Nay: 0 (Wachter abstained.)
Councilmember Wachter suggested that the Advisory Parks, Recreation & Natural Resources
Commission look Into the possibility of planting a tree for every baby born in Eagan.
NSENT GE
Mayor Egan requested that Item T, Findings of Fact on Denial of a Request for Rezoning from Eagan
Family HousingPartnershig, be removed from the consent agenda and placed under old business.
In regard to Item A, Personnel Items. Councilmember Wachter questioned the wage Increase.
In regard to Item C, Ordinance Amendment IncororatingUtility Billing Changes. Councilmember
Masin asked someone to explain to the public how it will impact utility bills. Administrator Hedges explained
the ordinance changes.
In regard to Item G, Change Order. Police Department Building Project. Glewwe Doors.
Councilmember Wachter expressed his opposition to change orders. Mayor Egan suggested that to
expedite the consent agenda, there could be a standing negative vote on these change orders.
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EAGAN CITY COUNCIL MINUTES; DECEMBER 20, 1994
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In regard to Item I, Land Dedication. Northwestern Mutual Life Insurance Company. Councilmember
Wachter requested an explanation. Public Works Director Colbert explained that this is needed for additional
right-of-way for the reconstruction of Lone Oak Road.
In regard to Item L, Contract 94-14. Award of Contract. Miscellaneous Water Quality Improvements.
Councilmember Wachter expressed a concern about the trees that were planted there.
In regard to Item P, Contract 94-17. Approve Change Order #1. Red Pine Lane Storm Sewer. Public
Works Director Colbert noted that the net deduct has changed, depending on their start date.
In regard to Item U, Findings of Fact on Denial of a Comp Guide Plan Amendment for Easter
Lutheran Church. Councilmember Hunter stated he doesn't remember the fourth finding being a conclusion
by any of the Council members and requested that it be deleted. Councilmembers concurred.
Councilmember Wachter stated he will not vote in favor of this.
In regard to Item X, Special Hunting Permit. Michael Hoene. Councilmember Wachter noted there
are children playing In this area, and he will not vote In favor of this.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Shane Johnson, Gregory Martin, Raymond Sped,
Jason Sakry, Kristi Thompson, Jeffrey Wuertz, Andy Flocchini, Kim Gill, Ryan Gill, Ben Koenke, Kim Larson,
Jason Lay, Connie Somerson, Dillon Saxhoug, Tony Nardi, Eric Hansen, Martha Buyck, Matthew Torfin,
Matthew Buck, Rachel Collingham and Brent Taft as seasonal winter recreation leaders.
Item 2. It was recommended to approve contracting with Bruce Barry and Dave Schomberg as basketball
scorekeepers; Jerry Korba's Association for basketball officials; Scott Merkley, Chris Larson and Dan
Brettschneider as boot hockey officials; and Vincent Mergens, Lane Fox, Robb Hagstrom, John Albrecht,
Steve Reischauer, Mark Bush, and Dan Brettschneider as broom ball officials, for the winter sports leagues.
Item 3. It was recommended to approve a 3% increase in compensation for regular, seasonal and
temporary non-collective bargaining employees for 1995 (except election judges), an increase in the City's
contribution toward employee plus dependent health Insurance coverage for those employees who choose
such coverage to $291.92 per month, and increase of 3% for car expense allowances and setting the
mileage reimbursement amount at the 1995 IRA mileage amount.
Item 4. It was recommended to accept the resignation of planning intern Matt Glaesman.
B. Plumbers Licenses. It was recommended to approve the plumbers license application for One Stop
Plumbing Shop as presented.
C. Ordinance Amendments. Incorporating Utility Billing Changes. It was recommended to approve the
ordinance amendments.
D. Adopting 1995 Public Utilities Budget. It was recommended to approve the budget.
E. Adopting 1995 Special Revenue Funds Budgets. It was recommended to approve the budgets
F. Adopting 1995-1999 Capital Improvement Plan. It was recommended to approve Parts II and III, and Part
I for acquisition of land adjacent to the water treatment plant only.
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EAGAN CITY COUNCIL MINUTES; DECEMBER 20, 1994
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G. Change Order. Police Department Building Project. Glewwe Doors. It was recommended to approve
Change Order #1/PCO #19 In the amount of $2,271. (Councilmember Wachter opposed.)
H. 1995 License Renewals. Tobacco Sales. Refuse Haulers. Tree Contractors. Pet Shops. Stable Ucenses.
It was recommended to approve the 1995 license renewals as shown in Exhibit A.
1. Land Dedication. Northwestern Mutual Life Insurance Company, for Outiot B. Eagandaie Industrial Park
11. It was recommended to approve the resolution accepting the gift of land. R-94. 94
J. Authorization to Continue Consulting Services with BRW. Inc. It was recommended to authorize staff to
execute appropriate contracts with BRW to provide continued design services for the development of the
northeast quadrant and related transportation Improvements.
K Contract 94-19. Award of Contract. Miscellaneous Water Quality Improvements. It was recommended
to continue this to the January 3, 1995 Council meeting.
L Contract 89-13. Approve Change Order #12. Cliff Road Water Treatment Facility. It was recommended
to approve Change Order #12 for a deduct of $3,700.
M. Project 673. Approve Stipulation Agreement with CP Rail System (Red Pine Lane Railroad Crossing).
It was recommended to approve the stipulation agreement and authorize the Mayor and City Clerk to
execute said document.
N. Project 680. Cliff Road Upgrade. It was recommended to authorize preparation of a feasibility report.
0. Project 681. Nicols Road Reconstruction (Silver Bell Road Railroad Crossing). It was recommended to
authorize the preparation of a feasibility report.
P. Contract 94-17. Approve Change Order #1. Red Pine Lane Storm Sewer. It was recommended to
approve Change Order #1 and authorize the Mayor and City Clerk to execute all related documents.
0. Final Subdivision, Easter Addition, It was recommended to approve the final subdivision.
R-94.95
R. Resolution to Approve Grant Application to Bremer Foundation for Youth Development Program. It was
recommended to approve the resolution.
R-94.96
S. Approve Fire Relief Association Bylaws and Pension Changes. It was recommended to approve the
bylaws and pension changes.
T. Findings of Fact on Denial of a Request for Rezoning from Eagan Family Housing Partnership, This Rem
was moved to old business.
U. Findings of Fact on Denial of a Comp Guide Plan Amendment for Easter Lutheran Church. it was
recommended to approve the Findings of Fact with the deletion of #4. (Wachter opposed.)
V. Approve 1995 Parks/Trails Dedication Rates. It was recommended to approve the rates.
W. Approve 1995 Landfill Abatement Funding. Joint Powers Agreement. Dakota County. It was
recommended to approve the third amendment to the 1992 joint powers agreement as presented.
X. Special Hunting Permit. Michael Hoene. It was recommended to approve the special bow hunting permit
as presented. (Wachter opposed.)
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EAGAN CITY COUNCIL MINUTES; DECEMBER 20, 1994
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Y. Extension for Recording Final Subdivision. Red Oaks. It was recommended to approve the 30 day
extension.
Hunter moved, Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0
PLANS & SPECIFICATIONS/MUNICIPAL CENTER PROJECT
Mayor Egan Introduced this Item as consideration of plans and specifications for Municipal Center
expansion/remodeling. Administrator Hedges reviewed the project, noting that there is an overage in the
budget He noted there have been some changes in the cablecasting and audio visual equipment In the
new Council Chambers. Since this really doesn't apply to the remodeling/expansion of the Municipal
Center, it would be an appropriate use of franchise fees to cover this overage. He indicated that some items
can be bid as alternates so the Council can decide what will be Included, depending on how the bids come
In.
Dewey Thorbeck, architect for the project, indicated that almost all of the alternates are easy to
accommodate; however, the wood paneling in the lobby Involves a lot of detail. He recommended it not
be included as a deduct. Councilmember Wachter asked various questions about the brick on the curtain
wall, sun shades, and wardrobe units. Councilmember Awada noted that there are items being deleted on
the Municipal Center that are being put in the police facility. Mike Stowe indicated that the wardrobe units
could be deleted in the police facility; however, the sun shades couldn't because they are in fabrication right
now. Some discussion followed.
Councilmember Hunter commended the work Administrator Hedges has done to try to keep this
project on budget and he concurs with his efforts. He feels franchise fees are an appropriate method of
funding for the audio visual equipment, but he feels this project should be on budget. He is disappointed
to see this overage. Mayor Egan concurred, stating he would be reluctant to use the construction
management process again. He feels the steering committee has done a great job of carrying out the
Council's wishes. Councilmember Awada stated that part of this overage is driven by the architectural
process also. After some discussion, Wachter moved, Masin seconded a motion to approve final plans and
specifications and authorize bids for the Municipal Center expansion/remodeling project. Aye: 4 Nay: 1
(Awada opposed.)
PUBLIC WORKS COMMITTEE RECOMMENDATION
WEST LONE OAK ROAD STORM SEWER
Mayor Egan introduced this Item as the Public Works Committee recommendation on West Lone
Oak Road storm sewer. After a brief introduction by Administrator Hedges, Public Works Director Colbert
gave a staff report on this project. He noted the Public Works Committee recommended that the City
Council authorize the City and County to work jointly In stabilizing the erosion down the hill, and approach
the property owners with the option that if they want further erosion control across their property, it would
be at their expense. If the property owners wanted a detailed study done to evaluate other alternates, they
would have to pick up that expense, or submit a petition of more than 50% of the benefitted property owners
for storm sewer or upgrade of Lone Oak Road. Councilmember Wachter asked whether the Schwabs have
been contacted. Public Works Director Colbert indicated they weren't notified prior to this meeting. After
some discussion, Hunter moved, Egan seconded a motion to continue this to January 17, 1995.
Councilmember Masin asked why the contractor wasn't Involved in this. Public Works Director Colbert
noted it is difficult to tell what agreements are made between the homeowners and contractor. Those are
private arrangements the city isn't involved in. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES; DECEMBER 20, 1994
PAGE 5
FINDINGS OF FACT ON DENIAL OF REZONING/EAGAN FAMILY HOUSING PARTNERSHIP
Mayor Egan Introduced this item as the Findings of Fact on the denial of a request for rezoning from
Eagan Family Housing Partnership. Administrator Hedges reviewed past Council action on this request.
He noted that the Housing and Redevelopment Authority had a special meeting last night, and because of
action taken at that meeting, an executive session was held before this meeting to discuss pending litigation.
City Attorney Sheldon indicated he was contacted by the attorney representing the Housing and
Redevelopment Authority indicating that they have decided to commence litigation and requesting that the
City delay action on this resolution so they may submit Information to the City Council. Mayor Egan noted
that the only item for discussion is the findings of fact. He added that due to the information received, they
feel that further deliberation is needed. Therefore, the Council has decided to continue this for a more
formal discussion.
Councilmember Wachter stated he feels this Is the wrong location, and would like to meet with the
HRA and let them know that they are conducive to relocating this to another area. Councilmember Awada
noted she feels this should be continued to the consent agenda. Hunter concurred. After some discussion,
Awada moved, Hunter seconded a motion to continue this for two weeks and place it on the consent
agenda. Patrice Bataglia, Dakota County Commissioner, noted that the Dakota County Board of
Commissioners directed the HRA Director to pursue the purchase of this property. Councilmember Awada
reiterated that even if there is a motion for reconsideration on January 3rd, it would not be discussed that
night; it would be continued for discussion to a future meeting. Aye: 5 Nay: 0
ftp" S[NE"
PRELIMINARY SUBDIVISION/EAGAN OAKS
Mayor Egan introduced this Item as the preliminary subdivision for Eagan Oaks, Citywide
Development, Southwest Intersection of Yankee Doodle Road and Elrene Road. After a brief introduction
by Administrator Hedges, Project Planner Ridley gave a staff report on this subdivision. After a question on
tree replacement, Awada moved, Masin seconded a motion to approve the preliminary subdivision, subject
to the following conditions:
1. Standard conditions of plat approval Al, B1, B2, B3, B4, C1, C2, D1, El, F1, G1 and 1-11, as
adopted by Council action on February 2, 1993.
2. The Site Plan shall be revised to ensure that all R-3 setbacks are met.
3. The developer Is responsible for preparing and recording, with the subdivision, appropriate
documents establishing a Homeowners' Association. The documents must be submitted and
approved by the City Attorney's office prior to final subdivision approval. Transfers of
common areas to the Homeowners' Association shall be recorded with the subdivision.
4. Access to the site shall be provided as shown on the Preliminary Development Plan, via Trails
End Road and/or private streets.
5. A 20' wide buffer shall be provided to save trees located south of the construction limits
needed for the Yankee Doodle Road improvement project.
6. The 6' watermain to be located along the eastern private drive shall be looped to the existing
16' watermain in Elrene Road.
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EAGAN CITY COUNCIL MINUTES; DECEMBER 20, 1994
PAGE 6
7. The 6' watermain to be located along the western private drive shall be looped to the existing
20' watermain in Yankee Doodle Road.
8. The developer shall locate and abandon all septic systems and wells in accordance with
Dakota County and City requirements.
9. The private street cul-de-sac dead-ends shall have an outside street pavement diameter of at
least 72'.
10. All private drives serving five or more units shall be constructed with concrete curb and gutter.
11. The developer shall remove the existing curb cut and stub street off the existing private drive.
12. The developer shall be responsible for preparing and recording, with the subdivision,
easements for Ingress and egress. The easements must be submitted and approved by the
City Attorney's office prior to final subdivision approval.
13. The developer shall provide a temporary construction easement along the north property line
to accommodate the Yankee Doodle Road improvement project.
14. Sewer and water services previously stubbed to the site shall be removed and plugged at the
main by the developer if they are not used.
15. The developer shall install fencing at the critical root zone (a distance of one foot away from
the tree trunk for every Inch in diameter as measured 54' above grade) around all trees
depicted on the Tree Preservation Plan to be saved.
16. The developer shall contact the City so an Inspection can be performed of the preventive
measures Installed prior to any site grading, trenching, filling, compaction, or change in soil
chemistry taking place.
17. The building exteriors shall be constructed with maintenance-free materials and as shown on
the elevation plans submitted.
Aye: 5 Nay: 0
Purchase of Liquor Stores/Off-Sale Liquor License/Cigarette License. Awada moved, Masin
seconded a motion to approve the off-sale liquor license and cigarette license applications for Marina Gorina
for The Liquor Shoppe at 4250 Lexington Avenue. Aye: 5 Nay: 0
ROUND T:
Councilmember Wachter referred to a letter from the Jones family regarding clearing sidewalks in
the winter and feels it should be discussed. Administrator Hedges noted it will be discussed at the next
work session.
Administrator Hedges noted the a motion is needed for work sessions In January. Wachter moved,
Hunter seconded a motion to schedule work sessions for January 3 and 10, 1995. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES; DECEMBER 20, 1994
PAGE 7
Councilmember Awada drew attention to the HRA status report for November, noting that there are
607 assisted housing units in Eagan.
Councilmember Masin asked when the Council will review commission organization. Administrator
Hedges noted it could be discussed on January 10 depending on how late commission Interviews go, or
they could be discussed on January 17 or 24. Some discussion followed concerning work session dates
in January.
Wachter moved, Awada seconded a motion to direct the City Administrator to pursue getting fiscal
disparities on the tax statements. Aye: 5 Nay: 0
t>IS
10 Wachter moved, Egan seconded a motion to approve the check register dated December 2, 1994
in the amount of $3,631,618.20. Aye: 5 Nay: 0
AD 1.t N lEi T
Masin moved, Egan seconded a motion to adjourn at 8:17 p.m. Aye: 5 Nay: 0
DLP
DemTber 20, 1994
Date City Clerk
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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.