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01/05/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota January 5, 1993 A regular meeting of the Eagan City Council was held on Tuesday, January 5, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. > A`I`II ! F F ICE::` City Administrator Hedges administered the Oath of Office to incoming City Councilmembers Sandra A. Masin and Shawn Hunter. Awada moved, Wachter seconded, a motion to approve the agenda for the January 5, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve the minutes of the December 15, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Councilmember Awada made the following correction to the minutes of the workshop on December 8, 1992: Page 1, Paragraph 4, Last Sentence, change the word, "vehicle," to "all equipment." Awada moved, Hunter seconded, a motion to approve the minutes of the December 8, 1992, special City Council meeting as presented. Aye: 5 Nay: 0 Director of Public Works Colbert asked for clarification of the motion contained in the minutes of the December 8, 1992, public hearing for Project 617R. After discussion, it was the general consensus that collector street widths would be brought into compliance with City standards, with the remainder of street widths in the project area remaining the same. Wachter moved, Awada seconded, a motion to continue, to the January 19, 1993, regular City Council meeting, consideration of the minutes of the December 8, 1993, special City Council meeting to permit clarification of the motion approving Project 617R. Aye: 5 Nay: 0 IIGAISENTt GEU` Wachter moved, Egan seconded, a motion to remove Item E, 1993 Engineering Consultants Fee Schedules from the Consent Agenda and continue further consideration until the spring of 1993 when engineering consultants are selected by RFP. Aye: 5 Nay: 0 A. Personnel Items Item 1. Police Officer--It was recommended that the hiring of Richard Clark as a police officer at the City of Eagan, subject to successful completion of the City's physical, psychological and drug testing procedures be approved. Fo c Page 2/EAGAN CITY COUNCIL MINUTES January 5, 1993 Item 2. Contractual Winter Sports Officials--It was recommended that the contracting with Wayne Fox, Mark Bush, Scott Merkley, Rick Kamrud, Cliff Okerlund, Vincent Mergens, Bryan Mohr, Matt Mosviclc, Robb Hagstrom and Steve Matson to officiate the City of Eagan's winter sports leagues be approved. Item 3. Winter Seasonal Park Maintenance Worker--It was recommended that the hiring of Craig Brezinka as a seasonal maintenance worker for the winter season be approved. Item 4. City of Eagan Personnel Policy Revision--It was recommended that the revised City of Eagan personnel policy, including the change to the discipline section, be approved. B. Plumbers Licenses It was recommended that plumbers licenses for 1993 be approved as submitted (Exhibit A). C. Off-Sale Beer License ISuperAmerica It was recommended that an off-sale beer license for the SuperAmerica at 2250 Cliff Road be approved. D. Agreement Extension/Shoreland Ordinance & Grant Agreement It was recommended that an agreement extension with the Minnesota DNR for the City's shoreland ordinance and grant be approved. E. 1993 Consultant Fee Schedules This item was removed from the Consent Agenda and with a separate motion continued until the spring of 1993 when engineering consultants are selected by RFP (see motion at beginning of Consent Agenda). F. Approve Resolution /Traffic Signal Cal TH 3 & Cliff Road It was recommended that a resolution requesting MnDOT installation of traffic control signals at TH 3 and Cliff Road be approved and the Mayor and City Clerk execute said document. G. Twin City Model Boat Club R-93.1 It was recommended that a permit for the Twin City Model Boat Club to conduct model boating events at the pond east of Cedar Avenue, north of Highway 13, during 1993 be approved. H. Authorize Pre-Improvement Appraisals/Project 643 (Timberline. Valley View Plateau & Wescott Square - Street Reconstruction) It was recommended that pre-improvement benefit appraisals for Project 643 (Timberline, Valley View Plateau & Wescott Square Additions - Street Reconstruction) be authorized. 1. Contract 92-08/Change Order #1/Blackhawk Park It was recommended that Change Order #1 to Contract 92-08 (Blackhawk Park Improvements) in the amount of $6,420.50 be approved and the Mayor and City Clerk be authorized to execute all related documents. Page 3/EAGAN CITY COUNCIL MINUTES January 5, 1993 J. Contract 89-13. Final Payment/Acceptance (Cliff Road Water Treatment Facility) It was recommended that the 19th and final payment for Contract 89-13 (Cliff Road Water Treatment Facility) to Penn-Co Construction, Inc. in the amount of $24,225.29 be approved and acceptance of the facility subject to all contractual warranty obligations be authorized. K Approve Janitorial Services Contract (Central Maintenance Facility) It was recommended that awarding of the janitorial services contract for the Maintenance Facility to Jim's Building Maintenance be approved. L. Authorize Feasibility Report/Project 645 (Blackhawk Hills Road - Overlay) It was recommended that the preparation of a feasibility report for Project 645 (Blackhawk Hills Road - Overlay) be authorized. M. Authorize Feasibility Report/Project 646 (Blue Cross Road - Overlay) It was recommended that the preparation of a feasibility report for Project 646 (Blue Cross Road - Overlay) be authorized. Hunter moved, Awada seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 REQUEST FOR FUNDING/DEER SURVEY Mayor Egan introduced this item as a request for City of Eagan funding for the 1993 deer survey. City Administrator Hedges indicated the Department of Natural Resources makes an annual request for funding the deer survey. He said $500 had been budgeted for 1993 and the subject request was for $480. Hunter moved, Egan seconded, a motion to approve the request of the State of Minnesota Department of Natural Resouces for City of Eagan funding of the 1993 deer survey in the City in an amount not to exceed $480. Aye: 5 Nay: 0 RECYCLED CONCRETE STORAGAE PERMIT STEININGER CONSTRUCTION/COCA COLA Mayor Egan introduced this item as a special use permit for Steininger Construction to allow the temporary storage of recycled concrete at the Coca Cola facility located in the NE 1/4 of Section 3. Acting Director of Community Development Hohenstein explained the application and the changes in the conditions for plat approval. Greg Steininger, the applicant, was present to answer any questions. Wachter moved, Awada seconded, a motion to approve a special use permit for Steininger Construction to allow the temporary storage of recycled concrete at the Coca Cola facility located in the NE 1/4 of Section 3 as presented and subject to the following conditions: 1. This permit is temporary and shall expire September 1, 1993. 2. Dust control measures shall be taken. C. tic Page 4/EAGAN CITY COUNCIL MINUTES January 5, 1993 3. Erosion control measures shall be taken. 4. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 5. The City reserves the right to modify conditions, hours of operation, or revoke the permit if complaints are received. 6. All applicable City Code requirements. Aye: 5 Nay: 0 ASPEN HILLS COMMUNITY CHURCH PERMIT Mayor Egan introduced this item as a special use permit for Aspen Hills Community Church, to allow a temporary church in an PD Zoning District, located in the NE 1/4 of Section 16. The application was explained by Acting Director of Community Development Hohenstein. He said that when the Dakota Civic Theater facility was proposed, the organizers had indicated they intended to make the space available to various civic groups. Bruce Konold, senior pastor of the Aspen Hills Community Church was present to answer any questions. Masin moved, Wachter seconded, a motion to approve a special use permit for the Aspen Hills Community Church to allow a temporary church in a Planned Development zoning district located in the NE 1/4 of Section 16 and subject to the following conditions: 1. This permit is temporary and shall expire two years from the date of approval. 2. All applicable City Codes. Aye: 5 Nay: 0 1993 CDBG APPLICATION Mayor Egan introduced this item as a resolution for the Dakota County HRA regarding the 1993 Community Development Block Grant. City Administrator Hedges stated that the block grant application had been authorized by the City Council for the second phase of the senior housing project. In addition, he advised that it will be necessary to set aside approximately three years of the City's CDBG allocations to provide a sufficient amount to initiate the second phase. City Administrator Hedges said in order to facilitate this set aside, the City will contribute its allocation to the county-wide single family housing rehabilitation program for two years to be repaid in 1995 and combined with that year's allocation. Wachter moved, Awada seconded, a motion to approve a resolution adopting the City's 1993 Community Development Block Grant application and authorizing an agreement with the Dakota County HRA to accumulate CDBG funds for a period of three years for the construction of the Eagan senior housing facility. Acting Director of Community Development Hohenstein pointed out that the Housing & Redevelopment Authority has advised that once the funds are committed to this project (and it may be a two or three year commitment), they cannot be reallocated. Mayor Egan said he would be more concerned had there not been such a strong consensus for the second phase of senior housing. Aye: 5 Nay: 0 oc Page 5/EAGAN CITY COUNCIL MINUTES January 5, 1993 3~ATIt?E'.:~~1TEt'K!E~~.~.11V1E#`'~'I'~~T#= STALKING ORDINANCE Mayor Egan introduced this item as consideration of a stalking ordinance. City Administrator Hedges stated that as a result of a number of phone calls to the City Council from a resident who has claimed to be the object of harrassment, the City Council requested that staff research the issue. Mr. Hedges indicated there are State statutes that address stalking and legislation has been proposed to tighten loopholes in the law. He said staff will monitor proposed legislation or pursue a City ordinance as Council wishes. Mayor Egan said the City should contact Representative Mary Jo McGuire regarding the proposed legislation and if it does not proceed, the City could take action of its own. Councilmember Awada asked the City Attorney whether the City could pass an ordinance much like one recently enacted by Shoreview and then repeal that ordinance if legislation is passed by the State. City Attorney Sheldon indicated that because the Shoreview ordinance is very vague, it is open to interpretation. He said he had concerns about its enforceability and stated that attempting to enforce the ordinance would draw attention which could prove to be expensive. Police Chief Geagan asked that the individual who contacted the Council, also call the Police Department. He said it would allow the Police to find a way to help and would provide situational testimony for State legislation. Councilmember Awada stated that the City could not wait for legislation and that something had to be done now. Chief of Police Geagan cautioned that if a local ordinance were passed, a misdemeanor may not do what the Council wants. Mayor Egan also expressed reservations that the City not take any action until the Council has a firm grasp of what the Legislature intends. Councilmember Awada asked if there were a way to tighten up the language in the Shoreview ordinance to be of use to the City while monitoring the legislative course. City Attorney Sheldon said his office would begin work on Council's request and return it to the City Council as soon as possible. While Councilmember Awada was anxious to have it returned to the Council by the January 12 special meeting, it was determined it may be difficult to assemble all information in that timeframe. Therefore, it will be placed on the January 19 regular City Council meeting agenda with review at that time. Councilmember Hunter suggested the City Attorney's office review the State of Michigan's stalking statute as part of their research. Chief of Police Geagan indicated he would be attending a Chiefs' meeting later in the week and would also bring the subject to their attention. Councilmember Wachter suggested the City Council pass a resolution for Chief Geagan's presentation to that group. Wachter moved, Masin seconded, a motion approving the preparation of a resolution to be presented to the Minnesota State Chiefs and Minnesota State Sheriffs Legislative Committee Review regarding the City of Eagan's support for legislation dealing with stalking and a reprise of what the City is doing to pursue such legislation. Aye: 5 Nay: 0 Wachter moved, Hunter seconded, a motion continuing further consideration of a stalking ordinance to the January 19, 1993, regular City Council meeting. Aye: 5 Nay: 0 MEGHANS ADDITION/FINAL PLAT EXTENSION Wachter moved, Hunter seconded, a motion to approve an extension of 60 days for the Meghans Addition final plat for filing. Aye: 5 Nay: 0 I l+ I Page 6/EAGAN CITY COUNCIL MINUTES January 5, 1993 SPECIAL CITY COUNCIL MEETINGS Awada moved, Hunter seconded, a motion to approve Special City Council meetings for 5:00 p.m. on Tuesday, January 12; Tuesday, February 2; and Tuesday, February 9. Aye: 5 Nay: 0 A tentative date of February 26 was also selected for the beginning of the Council retreat. OPUS CORPORATION/CRACKER BARREL RESTAURANT Acting Director of Community Development Hohenstein advised the Council that Mark Anderson of Opus Corporation had contacted the City regarding a request by Cracker Barrel Restaurants to use a rustic cedar exterior on their proposed restaurant. Mr. Hohenstein said that Opus had made the argument that because it is "signature architecture," it would not affect the City's requirement of bricks or better in commercial or multifamily residential construction. While concerns were expressed regarding a double standard, Mayor Egan and Councilmember Wachter indicated they could support the request at this location. Councilmember Wachter also suggested that additional landscaping be included with any future application. Mr. Hohenstein noted for Council's information that when the Advisory Planning Commission has recommended denial of a request for alternate materials, it has been when the proposed materials are not consistent with those used in the applicant's other stores in the Twin Cities. Councilmember Hunter said that if it is approved, the City may wish to include maintenance of the rustic cedar in the agreement. Iu ISC£LI: E $ *XT Councilmember Hunter suggested that staff include any open issues on future City Council agendas so their progress or resolution can be tracked. In answer to a question about a northerly road connection on the DART's property, City Administrator Hedges said that if a northerly connection to Highway 149 were made, the City could issue a building permit. However, he indicated that if DART prefers to pursue an easterly connection, it would require the approval of MnDOT and DART's neighbor, Stark's Saloon. He said staff has attempted to avoid placing the City in the middle of negotiating an agreement for an easterly connection. EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider pending litigation and collective bargaining issues at 8:30 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, Hunter, Masin, and Wachter, City Administrator Hedges, Director of Public Works Colbert, Acting Director of Community Development Hohenstein and City Attorneys Sheldon and Wilcox. The executive session was adjourned at approximately 10:00 p.m. KF CITY OF EAGAN 4E.VanOverbeke City Clerk If you need these minutes in an alternative form such as large prim braille, audio tape, etc., please contact the City of Eagwi 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (7DD phone: (612) 454,8535).