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03/16/1993 - City Council Regular C e wJ MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota March 16, 1993 A regular meeting of the Eagan City Council was held on Tuesday, March 16, 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. City Administrator Hedges noted two additions to the agenda: 1) the developer of the Hawthorne Woods 2nd Addition has requested discussion and direction regarding the Weston Hills development, and 2) Item S, Consent Agenda, Proclamation, Phil Popehn Day, March 29, 1993. Wachter moved, Awada seconded, a motion to approve the agenda for the March 16, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Changes and corrections to the March 2, 1993, regular City Council minutes: Councilmember Wachter: Page 13, Last Paragraph, Second for motion is missing. Add "Awada" as second. Mayor Egan: Page 13, Paragraph 5, Sentence 5, Change the word, "all" to "the majority of." Councilmember Hunter: Page 10, Ground Rules, Reverse the order of 3a. and 3a1. Page 11, Paragraph 4 (motion), change "ice arena" to "recreational facility." Wachter moved, Awada seconded, a motion to approve the minutes of the March 2, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 CERTIFICATE OF ACKNOWLEDGEMENT Finance Director VanOverbeke was commended for again receiving the Certificate of Acknowledgement for Excellence in Financial Reporting. This is the eighth year in a row that Mr. VanOverbeke has received this honor and is one of only 25 awarded out of a possible 800 cities. WESTON HILLS ADDITION Acting Director of Community Development Hohenstein explained that while working on the final plat for the Weston Hills 2nd Addition, it was determined that the cul de sac could be better configured as a looped street. The change does not result in any net change in the number of lots. Mr. Hohenstein stated it does not appear to be a major change prompting return to the Advisory Planning Commission; however, that decision remains with the City Council. After further discussion, it was the consensus of the City Council that because this is a minor modification, there is no need for the plat to return to the APC for review. Councilmember Masin asked that Item J, Project 601A (Amended), Receive Report/Order Public Hearing (Lexington & Lone Oak - Intersection and Signalization Improvements be removed from the Consent Agenda for discussion. A. Personnel Items Item 1. Ratification/Administrative Assistant/Police Department--It was recommended that the hiring of Linda Cummings as the Administrative Assistant for the Police Department be ratified. Item 2. Seasonal Park Maintenance Worker--It was recommended that Brian Banaszewski, Matt Freeland, Velta Martin, and George Sellner be hired as seasonal park maintenance workers. Item 3. Seasonal Forestry Workers--It was recommended that David Wills and Stanley Schneider be hired as seasonal forestry workers. Item 4. Assistant Utility Billing Clerk--It was recommended that the hiring of a person to be recommended by the Director of Finance as the Assistant Utility Billing Clerk for the Finance Department be approved. Item 5. 1993 Temporary/Seasonal Employee Compensation Rates--It was recommended that the 1993 temporary and seasonal employee compensation rates be adopted as recommended. B. Licenses, Plumbers It was recommended that the following plumbers licenses be approved: 1) Kluver Mechanical Construction, 2) McGuire Mechanical Services, 3) Mack Plumbing & Heating, and 4) RDC Plumbing Company. C. Proclamation. National Youth Service Day. April 20. 1993 It was recommended that April 20, 1993, be proclaimed as National Youth Service Day in the City of Eagan. R-93.9 D. Proclamation, National Preschool Immunization Week, April 24 - 30. 1993 It was recommended that the week of April 24 - 30, 1993, be proclaimed as National Preschool Immunization Week. R-93.10 E. Final Plat. Hawthorne Woods 2nd Addition It was recommended that the final plat for Hawthorne Woods 2nd Addition be approved as presented. R-93.11 F. Final Plat. Town Centre 70 - Thirteenth Addition It was recommended that the final plat for Town Centre 70 Thirteenth Addition be approved as presented. R-93.12 G. Amendment to Planned Development Agreement. Park Center It was recommended that the amendment to the planned development agreement for the Park Center Planned Development be approved as presented. lot Page 3/EAGAN CITY COUNCIL MINUTES March 16, 1993 H. Authorize Agreement for Water Meter Reading Services It was recommended that an agreement with RMR Services, Inc., be authorized to provide water meter reading services to the City. 1. Authorize Issuance and Sale of Refunding Bonds and 1993 Equipment Certificates It was recommended that the issuance and sale of refunding bonds and 1993 equipment certificates be authorized and the sale date set as April 20, 1993. J. Project 601A (Amended). Receive Report/Order Public Hearing (Lexington & Lone Oak - Intersection and Signalization Improvements It was recommended that consideration of the amended feasibility report for Project 601A (Lexington Avenue and Lone Oak Road - Intersection & Signalization Improvement) be removed from the Consent Agenda for further discussion. K Receive Petition/Order Public Hearing (Sunset 12th & Praise Lutheran Church Additions - Vacate Drainage. Utility & Street Easements) It was recommended that the petition be received and a public hearing scheduled for April 20, 1993, for the vacation of drainage, utility and street easements within the Sunset 12 and Praise Lutheran Church Additions. L. Project 648. Receive Report/Order Public Hearing (Woodlands North 3rd - Streets & Utilities) It was recommended that the feasibility report for Project 648 (Woodlands North 3rd Addition - Streets & Utilities) be received and a public hearing scheduled to be held April 20, 1993. M. Contract 93-04. Approve Plans/Authorize Advertisement for Bids (St. Thomas Becket - Utilities) It was recommended that the plans for Contract 93-04 (St. Thomas Becket - Utilities) be approved and an advertisement for a bid opening to be held April 15, 1993, at 10:30 a.m. authorized. N. 1992 General Fund Budget Adjustments It was recommended that the adjustments to the 1992 General Fund Budget be approved. 0. Project 607. Approve Agreement (Diffley Road - Pedestrian Underpass) It was recommended that the agreement for the Diffley Road alternate pedestrian underpass under Project 607 be approved and the Mayor and City Clerk authorized to execute all related documents. P. Ratification of Amended Joint Powers Agreement. Minnesota Valley Transit Authority It was recommended that the ratification of the amended joint powers agreement for the Minnesota Valley Transit Authority be approved as presented. Q. Recommendation. Ai=rt Relations Committee. MASAC Alternate Members It was recommended that the Airport Relations Committee's recommendation that Lois Monson and Jon Hohenstein be appointed as the City's MASAC alternate members be approved. Page 4/EAGAN CITY COUNCIL MINUTES March 16, 1993 R. Declare Surplus Properly/Authorize Disposition. Infotron 32 Multiplexors It was recommended that the Infotron Multiplexors be declared surplus property and their sale authorized to Vaske Computer Solutions for $850 each. Hunter moved, Awada seconded, a motion to approve the Consent Agenda as presented with the exception of Item J which was removed for discussion. Aye: 5 Nay: 0 PROJECT 601A (AMENDED)/LONE OAK & LEXINGTON INTERSECTION Councilmember Masin indicated that the City Council should delay the public hearing for Project 601A (Lone Oak Road and Lexington Avenue intersection improvements) until there is a satisfactory resolution to the improvements. She asked that the public hearing be deferred for two weeks. The Council agreed to the continuance. Councilmember Wachter reiterated his concerns about the cost of the improvements. Masin moved, Wachter seconded, a motion to receive the amended feasibility report for Project 601A (Lexington Avenue and Lone Oak Road - Intersection & Signalization Improvements) and to schedule a public hearing for May 4, 1993. Aye: 5 Nay: 0 PROJECT 641/WENZEL ADDITION Mayor Egan introduced this item as Project 641, Wenzel Addition - Streets & Utilities. Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates provided a description of the project and its location. Mr. Hanson indicated that all but $40,000 of the assessable portion of the project is the responsibility of the developer, with $20,000 proposed to be assessed to Deerwood Elementary and the remaining $20,000 to the parcel west of the property. There was additional discussion regarding the oversizing of storm sewer to BP-4 and the use of dirt excavated from that pond. It was noted that 20% of the City's runoff drains through Pond BP-4 on its way to Blackhawk Lake. There was no one in the audience to discuss the project. Awada moved, Wachter seconded, a motion to close the public hearing and approve Project 641, Wenzel Addition (Streets & Utilities) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/MOTORIZED GOLF CARTS Mayor Egan introduced this item as an ordinance amending City Code Chapter 8, entitled "Traffic Regulations" by adding Section 8.08 regarding the use of motorized golf carts on designated streets by persons with mobility impairments; and by adopting by reference Eagan City Code Chapter 1 and Section 8.99. City Administrator Hedges described the proposed ordinance amendment and provided a map showing the streets on which motorized golf cart use by persons with mobility impairment will be prohibited. While it may be cost prohibitive to print the restricted routes on all City maps, color-coded maps will be available on request through the Municipal Center. Director of Finance VanOverbeke said the appropriate fee schedule for this permit will be submitted for Council's consideration at the April 5, 1993, regular City Council meeting. Page 5/EAGAN CITY COUNCIL MINUTES March 16, 1993 Discussion then turned to a concern that others may see a permitted golf cart being operated on a City street and assume that anyone can do so. The suggestion was made that a sign requirement be included in the ordinance; however, action was deferred to see if a problem materializes. Wachter moved, Masin seconded, a motion to approve an ordinance amending City Code Chapter 8 entitled, "Traffic Regulations," by adding Section 8.08 regarding the use of motorized golf carts on designated streets by persons with mobility impairments; and by adopting by reference Eagan City Code Chapter 1 and Section 8.99 and to approve a resolution approving a City roadway map designating roadways on which motorized golf carts used by persons with mobility impairments shall be prohibited. Aye: 5 Nay: 0 DISCUSSION/TASK FORCE Mayor Egan introduced this item as discussion regarding a task force to include fundraising and other tasks for the recreational facility project. City Administrator Hedges indicated staff is looking for direction regarding, among other things, the structure of the working group, involvement of the City and its staff, the framework, monitoring and reporting mechanisms, statement of purposes, working guidelines, etc. Mayor Egan began by saying he believed the fundraising should be separate and distinct from the operations committee. The Council agreed with Councilmember Hunter indicating he leaned more toward City assistance in the initial establishment and initial organization of the fundraising committee with additional City assistance provided on an "as needed" basis. Mayor Egan also recommended as inclusive a group as possible thus improving its chances for success. He also recommended Director of Parks & Recreation Vraa as the City's point person and requested that progress reports be forwarded to the City Council each month. He suggested all meetings be held in City Hall. Councilmember Awada emphasized the "as needed" basis of any City assistance beyond the initial establishment and organization of the working group and added that she did not want large amounts of printing costs or staff time utilized. Discussion then turned to the make-up of the committee. It was recommended that the City solicit applicants through the City newsletter and local newspapers and let each person who is interested participate. If the number of volunteers should get too large, they could appoint a task force from among their numbers. Councilmember Wachter cautioned that the City should have an overall plan for the entire facility before appointing a committee. It was generally agreed that an overall plan was the intent of the ground rules adopted at the last meeting and setting the committee would put the process in motion. Discussion continued in regard to the committee. City Administrator Hedges said a press release could be given to the local newspapers announcing the formation of the committee and a date when those interested could attend a meeting at City Hall. In addition, various organizations in the community could be contacted suggesting that if they wish to be represented on the committee, that they have someone in attendance at that meeting. City Administrator Hedges indicated that the legal framework as to how donations are received and how they are deposited, as well as questions such as, "can my donation be pledged over two or three years, is my donation tax deductible, will I earn interest, can I get my money back," etc., will be examined in further detail in conjunction with the City Attorney. Councilmember Hunter then recommended that any legal fees incurred by the City for this project be charged as an expense to the project. Councilmember Awada also wanted it made clear that she will not support the City's selling bonds to cover pledges. Mayor Egan suggested it may be premature to make that decision and recommended the City Council keep its options open. The suggestion was made and there was general agreement that donors have the option of committing their donations to a particular phase of the complex, i.e., those opposed to the arena may wish to designate a subsequent phase. In addition, City Administrator Hedges indicated there is a responsibility to make certain that donations toward the facility are returned if the project does not proceed. Councilmember Awada also noted : C_ Page 6/EAGAN CITY COUNCIL MINUTES March 16, 1993 that if the task force decides to use a private fundraiser, the fundraiser will retain 15% of what is raised; therefore, donors should be apprised that only 85% of their donation will be returned if the project does not go forward. Councilmember Hunter recommended the involvement of the Advisory Parks, Recreation, and Natural Resources Commission and Mayor Egan suggested they review the project and provide their input. City Administrator Hedges said staff would proceed with Council's direction and a report prepared for Council's review at the April 5 meeting. ORDINANCE/LICENSING OF CATS Mayor Egan introduced this item as consideration of drafting an ordinance regarding licensing of cats. City Administrator Hedges provided a brief background on this item. Mayor Egan expressed concerns that licensing of cats would increase costs but not increase results. Councilmember Awada said it was debatable whether licensing would return any more cats to their owners as the conscientious owners are already the ones who claim their animals. Mayor Egan also noted the safety concerns of cats wearing collars and Councilmember Awada echoed those concerns noting that the City may be creating a law that the majority of residents won't comply with. Councilmember Wachter expressed his concerns about the number of wild cats in the community and their subsequent costs. He said an ordinance may create more of an awareness among owners. Mayor Egan indicated that even if the number of wild cats is reduced but the costs of regulating are increased and the cruelty to the animals is increased, it did not appear to balance out. After additional discussion, City Administrator Hedges suggested that staff conduct additional research and have Animal Control Officer Gilbertson attend a workshop to discuss the issue. He added that it is unlikely the City will recover the costs of enforcing a cat licensing ordinance; however, the issue would appear to be whether cats should be licensed and treated the same as dogs. Councilmember Wachter suggested the workshop session of March 30; however, advised that if the agenda is too lengthy, the issue could be delayed to the following workshop. Wachter moved, Masin seconded, a motion to refer consideration of a cat licensing ordinance to a workshop session on March 30 or in April. Aye: 5 Nay: 0 ORDINANCE/PARKING REGULATIONS Mayor Egan introduced this item as an ordinance amending City Code Chapter 9, entitled "Parking Regulations" by Amending Section 9.12 regarding the impoundment of motor vehicles involved in alcohol/drug- related driving offenses and release procedures; and by adopting by reference City Code Chapter 1 and Section 9.99. City Administrator Hedges advised that this ordinance brings the City Code into compliance with State statute. Wachter moved, Masin seconded, a motion to approve an ordinance amending City Code Chapter 9, entitled, "Parking Regulations," by amending Section 9.12 regarding the impoundment of motor vehicles involved in alcohol/drug-related driving offenses and release procedures; and by adopting by reference City Code Chapter 1 and Section 9.99. Aye: 5 Nay: 0 Page 7/EAGAN CITY COUNCIL MINUTES March 16, 1993 WAIVER OF PLAT/BUFFER HILLS Mayor Egan introduced this item as a waiver of plat for a duplex lot split, Don Christenson, located on Lot 6, Block 1, Buffer Hills Addition, in the SW 1/4 of Section 15. Acting Director of Community Development Hohenstein provided background on the waiver and noted its location. He said a "Y" splitting the utilities to serve each side of the duplex being constructed, is located on the southern half of the parcel contrary to City policy. In keeping with that policy, Mr. Hohenstein indicated staff was recommending a condition of approval requiring that each side of the duplex be served by separate utility services. Don Christenson, the applicant, stated that when he first began construction of the duplex, he planned to rent not sell the property. He further stated that he had taken great care to furnish separate utilities (sewer and water) just like any townhouse and each has its own shut off. Mr. Christenson indicated he would provide an easement for the utility lines allowing each party full maintenance access to the utilities. Director of Public Works Colbert explained that the City provides sewer and water service to the edge of public right-of-way and from that point, the individual property owner is responsible. If services are brought into the property and then split off, one property owner could cause problems for the other. For instance, if one property owner did not pay their water bill, both properties would have their water shut off because both come off the same service. Mr. Colbert indicated that Mr. Christenson was advised of this requirement when he took out his building permit but at that time there were no plans to divide the property. Mr. Christenson disputed whether he had been informed but said the easement should take care of any problems that arise. Mr. Colbert stated that it is standard practice to advise builders of duplexes of this requirement. Discussion then continued as to the costs associated with changing the existing water service to conform with City standards. Mr. Christenson indicated it would be cost prohibitive; however, expressed an interest in knowing the approximate cost. After further discussion, Egan moved, Masin seconded, a motion to continue to the April 5, 1993, regular City Council meeting further consideration of a waiver of plat for a duplex lot split for Don Christenson at Lot 6, Block 1, Buffer Hills, with direction that staff research an estimate of costs associated with bringing utility service into conformance with City standards. Aye: 5 Nay: 0 Mayor Egan introduced this item as a recommendation from the Airport Relations Committee regarding dual track planning process legislation. Acting Director of Community Development Hohenstein referenced House File 479 and Senate File 472, legislation that has been introduced to stop the dual track airport planning process. Mr. Hohenstein stated that to this point, the City has not taken a position but has supported the process. He further stated that it is the Airport Relations Committee's recommendation to continue support of the process but to oppose this legislation. The City Council acknowledged the position of the SOAR (Stop Our Airport Relocation) group but found they could not support SOAR's conclusions. The Council cited the impact on the City of the airport expansion or relocation and agreed that a responsible decision could not be made without completing the study of all alternatives. When it was suggested that the City Council not take a position on the SOAR resolution either way, Acting Director of Community Development Hohenstein pointed out that lack of a position would be construed as support. There were additional concerns that the pending legislation will lengthen the process even though most of the Council would like to see it brought to some type of conclusion more quickly. Mayor Egan stated that Page 8/EAGAN CITY COUNCIL MINUTES March 16, 1993 he had spoken to Metropolitan Councilmember Margaret Schreiner about just that issue; however, Ms. Schreiner had indicated the Met Council will need every month allotted to complete the study. Awada moved, Masin seconded, a motion to approve the recommendation by the Eagan Airport Relations Committee to oppose the SOAR resolution and House File 479 and Senate File 472 and continue support of the dual track airport planning process. Aye: 5 Nay: 0 AWARD BIDS/PARK EQUIPMENT Mayor Egan introduced this item as the award of bids for park equipment. Councilmember Wachter noted that the current bids had come in at a lower price than the bids for 1991. He cautioned against sacrificing quality to keep costs down. . Wachter moved, Hunter seconded, a motion to authorize proceeding with acquisition of the equipment outlined in the bid tabulation along with the trade-in of existing equipment. Aye: 5 Nay: 0 [~SEIf~1#~5> COMPOST SITE Acting Director of Community Development Hohenstein stated that the composting site at Gopher Smelting will apparently be operated by Empire Organic Gardens/Southern Minnesota Construction instead of Richard Pecar. Mr. Pecar was not able to reach an agreement with Gopher Smelting. Additionally, the new operator has requested the use of the City Hall site for one to two months until the Gopher Smelting site is operational. It is anticipated that the issue will return to the Council on their April 5, 1993, agenda. CHAMBER OF COMMERCE REQUEST/HOTELS Acting Director of Community Development Hohenstein also briefly discussed an initial inquiry from the Chamber of Commerce regarding a 3% lodging tax at the City's three hotels. Mr. Hohenstein indicated the money would typically be used for promotions and to encourage the use of the facilities within the City. Councilmember Awada asked why, if the hotels wanted the 3% tax, they didn't collect the "tax" themselves and use it in the manner described. Mr. Hohenstein stated he would explore the issue further and a memo would be distributed to the Council. PROJECT 624, DODD ROAD & 494 SIGNALIZATION & INTERSECTION CAPACITY IMPROVEMENTS Director of Public Works Colbert referenced the signalization and intersection improvements approved at the March 2, 1993, regular City Council meeting for Project 624 (Dodd Road and 1-494). Mr. Colbert indicated he had received a phone call from MnDOT personnel regarding updated traffic counts on Northwest Parkway and these counts are lower than counts from 18 months ago. The difference in this data has dropped some of the justifications for the Northwest Parkway intersection improvements. Mr. Colbert stated that in view of the revised data, it is becoming difficult for MnDOT to continue their support and participation in that project. MnDOT did say, however, that if the O'Neill Drive median is constructed, it would put more traffic down to that intersection which would in turn increase the traffic counts and the warrants for signal justification. MnDOT is anticipating a meeting with the City to see if the City would be willing to consider the inclusion of the closing off of the O'Neill Drive full access as a part of the project in Page 9/EAGAN CITY COUNCIL MINUTES March 16, 1993 1993. Director of Public Works Colbert asked for Council's direction regarding this change especially in light of the previously held public hearing. He noted that if MnDOT pulls out of their participation, the City will not be able to do the project this year, the tax increment financing opportunity will be lost, and no money will be available for the project at a later date. Mayor Egan asked that Director of Public Works Colbert notify the property owner impacted by the loss of two-way access onto Dodd Road. Mr. Colbert indicated he would do that and unless instructed to the contrary would notify MnDOT that the City will include the closure of the full access as a part of the project. PUBLIC WORKS COMMITTEE/KINGSWOOD ESCROW Director of Public Works Colbert stated that the Kingswood escrow issue was directed back to the Council's Public Works Committee and asked whether that was still the Council's wish. Mayor Egan indicated he had agreed to meet again if there was reason to believe the issue would be resolved. The Mayor stated, however, that it would be up to the new committee members as to whether they wished to continue the review. Director of Public Works Colbert will send the background information to Councilmember Masin and then consideration will be given to scheduling another meeting of the Public Works Committee. <CHE KLIST Wachter moved, Egan seconded, a motion to approve the checklist dated March 11, 1993, in the amount of $353,447.77. Aye: 5 Nay. 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at approximately 9:55 p.m. KF CITY OF EAGAN E. . anOverbeke City 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).