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10/20/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE <« EAGAN, CITY COUNCIL Eagan, Minnesota October 20, 1992 A regular meeting of the Eagan City Council was held on Tuesday, October 20, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Mayor Egan welcomed a journalism class from St. Thomas College to the City Council meeting. ......................:. City Administrator announced the following changes to the City Council agenda: Consent Agenda, CONTINUE INDEFINITELY, Item E, Final Plat, Poppler Homestead No. 2. Consent Agenda, ADD Item P, Final Plat, Stryker Addition Old Business, CANCEL Item B, Contract 92 -12, Receive Bids /Award Contract, Poppler Addition - Streets & Storm Sewer Old Business, CANCEL Item C, Contract 92 -12, Approve Change Order #1, Poppler Addition - Streets & Storm Sewer New Business, CONTINUE to November 5, 1992, Item D, Variance, Dart Transit, of 50' to the Required 50' Setback, Located at 800 Lone Oak Road McCrea moved, Awada seconded, a motion to approve the agenda for the October 20, 1992, regular City Council meeting as amended. Aye: 5 Nay: 0 Pawlenty moved, Awada seconded, a motion to approve the minutes of the October 8, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 The City Council acknowledged receipt of the minutes of the October 8, 1992, meeting of the City of Eagan's Housing and Redevelopment Authority. Awada moved, McCrea seconded, a motion to approve the minutes of the September 28, 1992, special City Council meeting as presented. Aye: 5 Nay: 0 PARKS DEPARTMENT /ISTEA TRAILWAY GRANT Mayor Egan introduced this item as consideration of an ISTEA grant application. City Administrator Hedges said the Intermodel Service Transportation Efficiency Act was passed in 1991 making funds available for trailway and bikeway projects. He stated that City staff had reviewed potentially eligible projects and had identified four within the City which would provide critical trail links within the existing trailway system. If all four projects in the City's grant request are approved, only $98,140 of the $344,560 total would be paid by the City. Mr. Hedges said that John VonDeLinde, Parks Superintendent, was available to answer questions. Page 2 /EAGAN CITY COUNCIL MINUTES October 20, 1992 Councilmember McCrea proposed that if federal funds are available and those funds result in a savings to the City, that the dollars saved be diverted to an active parks experience, such as, a swimming pool, an ice arena, or something similar. Councilmember Wachter said as long as the City needs to pay only 20% in matching funds, it would be to the taxpayers' advantage to use any savings toward building trails. Mayor Egan asked that when recreational grants are available, whether staff would study the possibility of using any offsetting funds for non - conventional uses. Councilmember Wachter also suggested that money in the Capital Improvements Program be charged to a general Parks & Recreation fund rather than pinpointed for a specific project. After it was pointed out that some of the trailways included in the grant application are in addition to those in the City's comprehensive trailway plan, Councilmember McCrea expressed serious reservations and said she was not willing to dedicate more dollars for trails beyond those already approved. The Councilmember said she would rather see funding of an active park use. Park Superintendent VonDeLinde then explained the program ranking criteria. He said with "providing access to activity centers" having the most ranking weight, staff had tried to include those trails which had the best chance of receiving funding. He noted that this grant is unique and an 80/20 split is almost unheard of. Mr. VonDeLinde stated that applications for grant money will be very competitive and the City may not receive funding for all four projects. He said this is only the application stage and assured the Council that they could always deny the grant later and the City was under no obligation to accept even if awarded. After brief additional discussion, Wachter moved, Pawlenty seconded, a motion to approve the ISTEA Trailway Grant application and identified all four proposed trail projects to be included in the grant. Aye: 5 Nay: 0 Harry Gallaher, representing West Publishing, asked that prior to moving ahead with any plans to construct trailways along T.H. 149 that it be discussed with West and other affected property owners. Pawlenty moved, Awada seconded, a motion to add trail sections along State Highway 149 and Town Centre Drive to the City's existing Trail Systems Plan. Aye: 5 Nay: 0 .................... ............................... .................... ............................... ..................... ............................... .................... ............................... Director of Public Works Colbert asked that Item K, Contract 92 -13, Receive Bids /Award Contract (Aldrin Drive - Streets & Utilities), be pulled for brief discussion. He stated that Contract 92 -13 included four miscellaneous projects and any or all could be awarded. Mr. Colbert reported staffs recommendation not to award Chatterton Pond, Project #92 -RAS -4 or Ches Mar 1st Addition, Project #91- RAS -3. He said the Chatterton Pond bid was twice the engineer's estimate and staff would prefer to pursue other alternatives at a later date. As to the Ches Mar project, staffs preference is to revise the drawings to minimize the project's impact on an adjacent property owner. Council agreed. A. Personnel Items There were no personnel items for consideration. B. Plumbers Licenses It was recommended that the plumbers licenses be approved as presented in Exhibit A. C. Aereement. Joint Po wers an _G rant for Special Assistance/C Landfi AbatemeA It was recommended that the Dakota County community landfill abatement special assistance joint powers and grant agreement be approved as presented. Page 3 /EAGAN CITY COUNCIL MINUTES October 20, 1992 D. 1992 General Fund Budget Adjustments ©. ,- !1;' It was recommended that the adjustments to the 1992 General Fund Budget be approved as presented. E. Final Plat. Poppler Homestead No. 2 It was recommended that the final plat for Poppler Homestead No. 2 be continued indefinitely. F. Contract #91 -01. Authorize Final Payment/Acceptance (T.H. 149 & Opperman Drive) It was recommended that the 6th and final payment for Contract 91-01 (T.H. 149 and Opperman Drive - Intersection Improvements) to Bituminous Roadways be approved in the amount of $17, 137.22 and the improvements accepted for perpetual maintenance subject to appropriate warranty provisions. G. Approve Agreement /Adopt Resolution Requesting MnDOT Tuition Reimbursement for Engineering Technician Certification It was recommended that a resolution authorizing the Mayor, City Engineer and City Clerk to execute Transportation Agreement #70089 for MnDOT Tuition Reimbursement for Technical Certification of Engineering Personnel be approved. R-92. 9 7 H. Contract 91-09. Approve Change Order #2 (Well #10 It was recommended that Change Order #2 to Contract 91-09 (Well #16) be approved and the Mayor and City Clerk authorized to execute all related documents. I. Contract 91 -09. Authorize Final Payment /Acceptance ell #16) It was recommended that the 10th and final payment for Contract 91-09 (Well #16) to Keys Well Drilling Company be approved in the amount of $10,727.05 and the improvements accepted for perpetual City maintenance subject to appropriate warranty provisions. J. Vacate Drainage and Utility Easement. Receive Petition /Schedule Public Hearing (Outlots A. Town Centre 70 - 10th & 12th Additions It was recommended that the petition to vacate a common lot line drainage and utility easement over Oudots A, Town Centre 70 -10th and 12th Additions be received and a public hearing scheduled to be held on November 17, 1992. K. Contract 92 -13, Receive Bids /Award Contract (Aldrin Drive - Streets & Utilities It was recommended that the bids for Contract 92 -13 (Aldrin Drive - Streets & Utilities) be received and the contract awarded to the lowest responsible bidder for the portions of the Contract dealing with 1) Aldrin Drive, Project 639; and 2) Carlson Lake Lane, Project #91- RAS-4; and the Mayor and City Clerk authorized to execute all related documents. In addition, it was recommended that the bids for Contract 92 -13 (Aldrin Drive - Streets & Utilities) not be awarded for the portions of the contract dealing with 1) Chatterton Pond, Project #92- RAS-4; and 2) Ches Mar East 1st Addition, Project #91- RAS -3. L. Project 634. Receive Final Assessment Roll /Order Public Hearing (Cedar Grove 7th and Lakeside Estates Additions - Streetlights) It was recommended that the final assessment roll for Project 634 (Cedar Grove 7th and Lakeside Estates Additions - Streetlights) be received and a public hearing ordered to be held on November 17, 1992. 0" ILA) •Y Page 4 /EAGAN CITY COUNCIL MINUTES October 20, 1992 M. Project 601R. Receive Feasibility Reprt /Order Public Hearing (Lone Oak Road Reconstruction - I -35E to T.H. 55/149 It was recommended that the feasibility report for Project 601R (Lone Oak Road Reconstruction - I -35E to T.H. 55/149) be received and a public hearing ordered to be held on November 17, 1992. N. Project 600. Receive Final Assessment Roll/Order Public Hearing (3:.H. 149 & ORperman Drive - Intersection Improvements) It was recommended that the final assessment roll for Project 600 (T.H. 149 & Opperman Drive - Intersection Improvement) be received and a public hearing scheduled to be held on November 17, 1992. O. Vacate Drainage & Utility Easement. Receive Petition /Schedule Public Hearin& (Lots 9 & 10. Block 1. Chatterton Ponds Addition It was recommended that the petition to vacate drainage and utility easements over Lots 9 and 10, Block 1, Chatterton Ponds Addition, be received and a public hearing scheduled to be held on November 17, 1992. P. Final Plat, Stryker Addition It was recommended that the final plat for the Stryker Addition be approved. R -92.98 Wachter moved, Pawlenty seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/ELRENE & TRAILS END ROAD Mayor Egan introduced this item as Project 589R, Final Assessment Hearing (Elrene & Trails End Road - Streets & Utilities). Director of Public Works Colbert explained the project and noted that the majority of the assessment rates were at or below the previous estimate. Harry Gallaher, representing West Publishing, was present. Richard Carson, 3765 Elrene Road, asked how his assessments were calculated. Director of Public Works Colbert explained and Mr. Carson had no further questions. Noting the agreement with West Publishing and substantially less assessments, Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 599R (Elrene & Trails End Road - Streets & Utilities) and authorized its certification to the County. Aye: 5 Nay. 0 .......... ............................... #I2f .......... ............................... ........... ............................... .......... ............................... FINANCIAL OBLIGATIONS /MEGHANS ADDITION Mayor Egan introduced this item as resolving financial obligations and park dedication requirements, Meghans Addition. City Administrator Hedges said Pulsar's objections to financial obligations associated with the Meghans Addition have centered around two issues: trunk storm sewer charges and the amount of parkland dedication. Mr. Hedges noted the detailed analyses the City and the developer provided of their positions for City Council review. Mark Parranto stated that Pulsar's letters of July 3 and October 5, 1992, spell out his company's position and briefly summarized that arguments. Mayor Egan acknowledged disagreement as to the trunk storm sewer Page 5/EAGAN CITY COUNCIL MINUTES October 20, 1992 charges and water quality fees but noted that he had thought agreement had been reached on the park dedication issue and that a compromise cash dedication had been reached in the amount of $30,000. Mr. Parranto explained that their position remains that Cedar Pond Park satisfied the City's park dedication requirements. However, if that is not the case, the cash dedication should not exceed the 10% of land value which Mr. Parranto said represents what the courts have ruled is acceptable as a dedication rate for public purposes. That amount, according to Mr. Parranto, should be $21,500. Mr. Parranto then turned his attention to the trunk storm sewer assessment. He stated that on -site ponding will accommodate all run -off from the site, including, if need be, the runoff from a 100 year storm. While admitting that development of the property will increase the amount of runoff, Mr. Parranto pointed out that the rate the pond would drain into the City's sewer system would remain the same as it was before development. He said it was his understanding that rate is what determines the piping to be used in the sewer system and no matter what type of storm, the cfs rate will not go over the rate that can be handled by the 5 year event pipes which they have already been assessed for. Director of Public Works Colbert said the storm sewer trunk obligation relates this development's use of the existing storm sewer system to convey the increased volume of runoff from this development to the Minnesota River through the City's trunk storm sewer system. He stated that the trunk storm sewer rate was calculated in accordance with City policy by taking into account the cost to construct the storm sewer system throughout the entire community with all properties participating equally based on similar zoning classifications. Mr. Colbert added that the policy does not address rate of runoff. Mayor Egan asked City Attorney Sheldon if the City could estimate enough benefit to this property to sustain the assessments. City Attorney Sheldon advised that requirements under the platting statutes provide for a reasonable amount of land or cash or both. He said the City Council has the ability to make a determination as to what it deems appropriate. Mr. Parranto related that Pulsar is not challenging the City's ability to levy the fee. He added, however, that they reserve the right to argue the basis of the fees and said he was trying to establish the cross- purposes utilized to obtain the fees. It was pointed out that every property is required to pay the trunk storm sewer fee. Mr. Parranto said they had paid the trunk assessment through the Cedar Grove utility charges. Director of Public Works Colbert reported that records indicate that when Cedar Grove was developed, the sewer and water system was sold to the City and financed through special assessments against Cedar Grove. The records do not indicate; however, whether streets and storm sewer were also included. Mr. Colbert went on to explain that even though runoff is detained on site by ponding, it eventually utilizes and goes through the trunk storm sewer system. In addition, the water quality system addresses an entirely different area and attempts to evaluate the impact of runoff downstream and treat runoff for pollutants, etc., as far upstream as possible through various methods of retention and detention. Water quality needs are evaluated on a case by case basis. After additional discussion, Councilmember McCrea noted that while Mr. Parranto's argument was well presented, it was difficult to make a recommendation without any record of the history of the storm sewer installation. She indicated she was more inclined to be flexible in considering the park dedication fees but not the storm sewer charges. Mayor Egan suggested a figure of $21,500 for the parks dedication fees, which would represent 10% of the developer's stated value, in addition to the trunk storm sewer charges. Egan moved, Pawlenty seconded, a motion to adopt trunk storm sewer charges of $34,836 and park dedication fees of $21,500 (10% of the developer's appraised value), as a resolution of those charges to the Meghans Addition. Aye: 5 Nay. 0 Mr. Parranto stated that they would abide by the Council's decision and thanked them for listening. He added that the issue is important and he would pursue policy discussion by the Council of these points in the future. Page 6 /EAGAN CITY COUNCIL MINUTES 0 October 20, 1992 RECEIVE BIDS /AWARD CONTRACT POPPLER ADDITION Mayor Egan introduced this item as Contract 92 -12, Receive Bids /Award Contract (Doppler Addition - Streets & Utilities). McCrea moved, Wachter seconded, a motion to cancel bids for Contract 92 -12 (Poppler Addition - Streets & Utilities). Aye: 5 Nay. 0 Councilmember McCrea then asked Director of Public Works Colbert whether the Poppler's would be responsible for costs associated with the contract now that it had been canceled. Director of Public Works Colbert indicated that when the position was submitted, the Poppler's had agreed to accept responsibility for the costs because of the City's concerns that the project might not go forward. Mr. Colbert advised that the Poppler's would be billed for costs incurred. Mayor Egan reflected the Council's disappointment that the final plat was again postponed leading to the cancellation of the contract. CHANGE ORDER #1 POPPLER ADDITION Mayor Egan introduced this item as Contract 92 -12, Change Order #1 (Poppler Addition - Streets & Utilities). McCrea moved, Pawlenty seconded, a motion to cancel Change Order #1 to Contract 92 -12 (Poppler Addition - Streets & Utilities). Aye: 5 Nay: 0 ACCEPTANCE /AUTHORIZATION SCHWANZ LAKE CLEAN WATER PARTNERSHIP PROJECT Mayor Egan introduced this item as acceptance of Phase I Study for Schwanz Lake /Authorization to Proceed with Phase II Application. No one was in the audience to address the item. After brief discussion, Wachter moved, Pawlenty seconded, a motion to accept Phase I of the study for Schwanz Lake and approve an authorization to proceed with the Phase H application as presented. Aye: 5 Nay- 0 R -92.99 CLEAN WATER PARTNERSHIP GRANT/FISH LAKE Mayor Egan introduced this item as authorization to submit a Phase I application for Fish Lake. McCrea moved, Wachter seconded, a motion to approve authorization to submit the Phase I Clean Water Partnership Grant application for Fish Lake as presented. Aye: 5 Nay: 0 R- 92.100 PRELIMINARY PLAT EXTENSION BLACKHAWK ACRES 3RD ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for Blackhawk Acres 3rd Addition. Mayor Egan asked if the only change was the addition of water quality dedication fees and whether there were any objections. The applicant was present and indicated he had no objections. Councilmember Pawlenty asked whether there were any ordinance changes that may affect this plat. Director of Community Development Runkle said there were no additional changes and the plat meets present criteria. Page 7/EAGAN CITY COUNCIL MINUTES October 20, 1992 Awada moved, Wachter seconded, a motion to approve an extension of the preliminary plat for Blackhawk Acres 3rd Addition as presented. Aye: 5 Nay: 0 SETBACK VARIANCE DART TRANSIT Mayor Egan introduced this item as a variance for Dart Transit of 50' to the required 50' setback, located at 800 Lone Oak Road. Pawlenty moved, Wachter seconded, a motion to continue to the November 5,1992, regular City Council meeting, a variance of 50 feet to the 50 foot building setback from State highway right of way for Dart Transit located at 800 Lone Oak Road. In answer to a question, City Administrator Hedges advised that a continuance was being requested in order to discuss potential frontage road improvements and setbacks. Also in answer to a question, Director of Community Development Runkle said the two homes north of Dart Transit would be removed with the upgrade of Lone Oak Road. Mr. Runkle said that a two week delay should not critically impact the project and Dart representatives have agreed. Aye: 5 Nay: 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT TOWN CENTRE 70 - 14TH ADDITION Mayor Egan introduced this item as a preliminary plat for the Town Centre 70 - 14th Addition/Eagan Tower Office Building Partnership, consisting of one lot on approximately three previously -zoned CSC (Community Shopping Center) acres, conditional use permits for a drive -thru facility, and a pylon sign located along the east side of Town Centre Drive in the NW 1/4 of Section 15. City Administrator Hedges advised that the Advisory Planning Commission had considered this item at their September 22, 1992, meeting and had recommended approval. Director of Community Development Runkle described the application. Martin Colon, representing Federal Land, discussed their intent to replace the smaller retail shops in the existing Town Centre Mall with larger shops and move the small shops to the proposed center. Councilmember Wachter noted that the rear of the strip center faces Town Centre Drive and asked what precautions were being taken to make the center aesthetically pleasing. Mr. Colon informed the Council that Federal Land had taken considerable pains to make the back of the building look like the front. The building has the same facia all around the building, it is all brick, there are glass doors at the back, the trash receptacle is "angled" to cut down on its visibility, and extensive berming and landscaping are planned. Mr. Colon said a landscaping plan has been developed for the entire 170 acres in the Town Centre area. Discussion then turned to the drive through and the traffic circulation. Concerns were expressed regarding congestion and the stacking which would block parking spaces north of the building. Additional concerns were also expressed because a specific user has not been identified for the location. Mr. Colon said they were thinking of a Proex type of use, not a high density use such as a restaurant. With a lower intensive use, stacking should not be a problem. He indicated the type of user would also be of concern to Federal Land because they would not want to create problems. Mr. Colon stated that if there was a change in the user from what he had represented, he would want City Council approval. Wachter moved, Awada seconded, a motion to approve a preliminary plat consisting of one lot on approximately three previously -zoned CSC (Community Shopping Center) acres located along the east side of Town Centre Drive in the NW 1/4 of Section 15, subject to the following conditions: L r.. Page 8/EAGAN CITY COUNCIL MINUTES October 20, 1992 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, B1, Cl, C2, C4, El, F1, Gl, and Hl 2. The site shall be irrigated. 3. All rooftop mechanical equipment shall be screened from view at each property line. 4. A large enough space shall be made available for all trash and recycling containers. 5. Continuous berming is required along Town Centre Drive. 6. Additional overstory trees shall be provided along the south and east property lines. 7. The brick building material shall be required on all four sides of the building. 8. A variance of nine parking stalls to the required 91 shall be approved. 9. If the existing 1 -112" water service that has been provided to this lot is not utilized, then it shall be removed and the corporation stop turned off at the existing 8" water main in Town Centre Drive. 10. All three of the proposed driveway openings shall be a minimum of 30 feet wide. 11. The centerline of the proposed driveway in Town Centre Drive shall match the centerline of the south driveway to the proposed Applebee's Restaurant on Town Centre 70 - 12th Addition. The centerline of the proposed driveway to the north of the development shall match the centerline to Dougherty's Restaurant driveway. 12. The proposed driveway in Town Centre Drive shall be constructed with a concrete valley gutter and concrete apron. 13. Ingress and egress cross easements shall be provided to the City Attorney for review. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve a conditional use permit for a drive -thru facility located along the east side of Town Centre Drive in the NW 1/4 of Section 15, subject to the following conditions: 1. This conditional use permit shall be recorded at Dakota County with the final plat with documentation to the City. Aye: 5 Nay: 0 CITY CODE AMENDMENT /CARRIER PIGEONS Mayor Egan introduced this item as an amendment of ordinance, Chapter 10, Public Protection, Crimes and Offenses, Section 10.12, Keeping & Harboring Carrier Pigeons. City Administrator provided a brief background on the issue. No one was in the audience to discuss the amendment. Wachter moved, McCrea seconded, a motion to approve an ordinance amendment, Chapter 10 of the Eagan City Code regarding public protection, crimes and offenses, Section 10.12, Keeping and Harboring Carrier Pigeons. Aye: 5 Nay: 0 Page 9 /EAGAN CITY COUNCIL MINUTES October 20, 1992 AMM LEGISLATIVE POLICY PROGRAM FOR 1993 Mayor Egan introduced this item as AMM legislative policy program, 1993. City Administrator Hedges presented the proposed AMM policy for the 1993 legislative session as recommended by the policy committees and Board of Directors. He suggested that if the City Council had questions or changes, that those issues be referred to the AMM. Councilmember Wachter raised the issue of fiscal disparities and the inequities it represents. The Councilmember said the City endures many things such as increased congestion, traffic, etc., to contribute to the fiscal disparities fund. The Council agreed. In addition, Councilmember Pawlenty suggested that the Council meet with the City's legislative delegation soon after the November election and ask that future cuts in funding to the City focus on LGA rather than on HACA. Councilmember Awada proposed that the City form a coalition with other cities that are big losers as a result of fiscal disparities. While it was suggested that the MLC could serve that purpose, it was recognized that more in the MLC benefit from fiscal disparities than not. After further discussion, Wachter moved, Awada seconded, a motion to endorse the AMM's prioritization of legislative proposals as presented, with the addition of appropriate language concerning fiscal disparities. Aye: 5 Nay: 0 DAKOTA COUNTY LEGISLATIVE PROGRAM FOR 1993 Mayor Egan introduced this item as the Dakota County Legislative Program for 1993. City Administrator Hedges stated that a special committee of the Dakota County City Manager /Administrator group was formed to generate a revised format for a Dakota County legislative program. The City Administrator said presently recommendations are made at the annual legislative breakfast, however, with no follow -up, results have been less than satisfactory. He stated that if two or three issues could be pinpointed for Dakota County, our legislators could become involved in an attempt to develop a legislative platform. The Council agreed with the direction being suggested by the Committee. DELINQUENT WEED NOTICES Mayor Egan introduced this item as the setting of a public hearing for delinquent weed notices. Because proper notice was not given previously, a new public hearing will have to be scheduled. McCrea moved, Pawlenty seconded, a motion to receive the assessment roll and ordered a public hearing for assessment of delinquent weed notices for November 5, 1992. Aye: 5 Nay: 0 PARK TUNNEL /DIFFLEY ROAD IMPROVEMENTS After introduction by Mayor Egan, Councilmember Awada explained that Anthony Caponi, developer of an art park in the City, is requesting that the proposed tunnel connecting the southern portion of the Caponi property with the northern portion be expanded to a 16' X 10' precast, concrete tunnel. Designing the tunnel in this manner would allow a fence to be constructed down the middle of the tunnel and separate Mr. Caponi's private land from the future public land containing the art park. Councilmember Awada stated that Mr. Caponi had expressed a willingness to split the cost of the expanded tunnel with the City and forego his previous intent to construct a retaining wall on the south side of Diffley Road. Page 10 /EAGAN CITY COUNCIL MINUTES October 20, 1992 Director of Public Works Colbert stated that it may be possible to work out such an arrangement by agreement. There were concerns, however, about dedicating half of a public tunnel for private use. He suggested that when the property becomes an art park, the issue could be reviewed and a fence installed at a later date. Councilmember Pawlenty suggested that Mr. Caponi control access to his property at one end of the tunnel or the other. He indicated he was not in favor of a tunnel with a fence and cited safety concerns. Councilmember McCrea recognized that Mr. Caponi has not put the art park into a non -profit corporation and questions were raised about the delay. It was noted, however, that the land has been rezoned to a Public Facilities designation. Councilmember Awada noted that the City would receive partial funding for the tunnel; however, Councilmember Wachter suggested seeing the cost figures before further consideration of Mr. Caponi's request. Director of Public Works Colbert said that a change order to the Diffley Road construction project may be necessary to change the dimensions of the tunnel but it would depend upon the timing of the road construction. There has been a delay in the construction schedule due to the large number of land acquisitions. After discussion, Mayor Egan indicated that Council would defer a final decision on Anthony Caponi's request until plans, specifications, and agreement for a larger tunnel are prepared and presented. PERSONNEL COMMITTEE RECOMMENDATION HEALTH INSURANCE Mayor Egan introduced this item as the Personnel Committee's recommendation regarding health insurance. A special session of the Personnel Committee was held at 5:30 p.m., October 20, to formulate a recommendation for consideration by the rest of the Council regarding health insurance. The Committee requested a continuance to the November 5, 1992, regular meeting to allow further study. VACATE PORTION OF PATRICK ROAD Wachter moved, Pawlenty seconded, a motion to receive the petition and order a public hearing to be held November 17, 1992, for the purposes of vacating a portion of Patrick Road public right -of -way. Aye: 5 Nay: 0 RECREATIONAL FACILITY Councilmember McCrea suggested allotting time on the November 5, 1992, workshop agenda for the discussion of a work plan, time line and other financing options for a recreational facility in the City. SPECIAL CITY COUNCIL MEETINGS McCrea moved, Pawlenty seconded, a motion to approve special City Council meetings for 5:00 p.m. on November 5; 4:00 p.m. on November 10; 5:30 p.m. on November 24; and December 8 (if necessary). Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated October 20, 1992, in the amount of $690,229.04. Aye: 5 Nay: 0 Page 11/EAGAN CITY COUNCIL MINUTES October 20, 1992 RECESS/EXECUTIVE SESSION The City Council recessed the regular meeting to an executive session to consider privileged client /attorney information at 9:45 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Jim Sheldon. After a brief discussion of pending litigation, Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Jim Sheldon remained for additional discussion concerning collective bargaining issues. The executive session was adjourned at approximately 10:10 p.m. RECONVENE /OTHER BUSINESS Following the Executive Session, Mayor Egan reconvened the regular City Council meeting. Kevin Rupp, representing the City's employment law firm, presented a verbal report regarding provisions in the City of Eagan's Personnel Policy in regard to discipline and their application and a verbal report regarding investigations for possible disciplinary actions. Awada moved, McCrea seconded, a motion to schedule a Personnel Committee meeting for October 27, 1992, at 3:00 p.m. to discuss insurance proposals. Aye: 5 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at approximately 10:35 p.m. CITY `; OF EAGAN ' �J V E. JAlanOverbeke City Clerk EXHIBIT A OCTOBER PLUMBERS FOR APPROVAL OCTOBER 20 1. A -ABLE PLUMBING 2, BREDAHL PLUMBING 3. DOLDER PLUMBING & HEATING 4. GOPHER MECHANICAL 5. HOPKINS PLUMBING & HEATING CO. 6. . JOYCE PLUMBING INC. 7. PLUMBING SERVICES INC. S. SCHNAPP PLUMBING & HEATING INC 9. SIEGFRIED PLUMBING 10. SOUTHTOWN PLUMBING INC. 11. STEINKRAUS PLUMBING INC. 12. SUMMIT PLUMBING & HEATING CO. 13. SWANSON & SCHIAGER PLUMBING