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01/21/1992 - City Council Regular.w ti ter:) MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota January 21, 1992 A regular meeting of the Eagan City Council was held on Tuesday, January 21, 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. _t City Administrator Hedges asked that Item G. Design Committee be added to the Organizational Business portion of the agenda. Wachter moved, McCrea seconded, a motion to approve the agenda for the January 21, 1992, regular City Council meeting as amended. Aye: 5 Nay: 0 ............................ Pawlenty moved, Wachter seconded, a motion to approve the minutes for the January 7, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS GENERAL ADMINISTRATION /SURCHARGE Mayor Egan introduced this item as consideration of an erosion control and street cleaning surcharge. City Administrator Hedges said that consideration of the surcharge was first broached in late 1990 but further study was indicated because of concerns surrounding the addition of another fee. Study of the issue has resulted in a stalemate with staff divided as to whether a surcharge should be added to the cost of development or subsidized through the General Fund. In addition, if the surcharge is approved, when should it be assessed: with platting of the lots, with the grading permit, or with the building permit. Councilmember Pawlenty then raised the question as to whether costs associated with erosion control and street sweeping weren't covered by the Storm Water Utility Fund. Director of Public Works Colbert said that a limited amount of funds were provided by that fund to cover street sweeping for water quality purposes. The streetcleaning and sweeping in question, however, are those prompted by construction. He said residents call expecting an immediate response to the removal of dirt in the streets after a rain or building construction and the City has not been able to keep up. He said the surcharge would allow staff to contract for clean -up services without putting a burden on the General Fund. Councilmember McCrea noted she is still interested in seeing the results of a survey of other municipalities and how the City compares in the collection of fees associated with development. She also suggested that the burden be placed back on those causing the problem by billing them for the clean -up. City Administrator Hedges said that staff has attempted to do just that but have had difficulty collecting. Because the City holds financial guarantees for developers but not for builders, there are no alternate methods of collection. Councilmember Wachter said that the surcharge would not go very far and builders may find it cheaper to allow the City to clean up erosion problems rather than incur the expense of doing it themselves. After further discussion, Pawlenty moved, Wachter seconded, a motion to continue indefinitely the implementation of the erosion control and street cleaning surcharge pending completion of an overall study of the issue including a review of ordinances already in place and a comparison of the City's development fees with those of other municipalities. Aye: 5 Nay: 0 J' Page 2 /EAGAN CITY COUNCIL MINUTES January 21, 1992 GENERAL ADMINISTRATION /CITY MAP PROJECT After introduction by Mayor Egan, City Administrator Hedges said that the City is experiencing difficulty in finding advertisers to fund the annual City map project. He said the Lions Club has used this as a fundraising project and in the past has received all advertising funds above those used to cover the cost of printing. This year, however, advertising dollars fell approximately $1,800 short and the City Administrator asked that Council consider allocating the remainder of the funds. It was recommended that staff contact the Lions Club and any other organization that might be willing to underwrite the cost of the map and if unsuccessful, the issue could be returned to the City Council for further consideration. Councilmember Pawlenty mentioned that while it would not apply to the current year, that once the City's population and development stabilized, an every other year printing could be considered. He recommended that the maps continue to be delivered free with the Eagan phone books but that a nominal fee be charged (such as $.50) for those given out over the counter. Those funds could then be used the following year to off -set printing costs. Wachter moved, McCrea seconded, a motion to empower the City Administrator to contact charitable organizations regarding their willingness to underwrite the remainder of the costs for the 1992 Eagan City Map project and if unsuccessful to return to the City Council for further consideration. Aye: 5 Nay: 0 EXCELLENCE IN FINANCIAL REPORTING Mayor Egan noted that Director of Finance, E. J. VanOverbeke, and the City of Eagan had again received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. This is the eighth year in a row the City has received this prestigious award. NTWa?4"M A. Personnel Items Item 1. Car Allowance - -It was recommended that the car allowance be increased for the City Amdinistrator, Director of Finance, and Director of Community Development by 2.75% for calendar year 1992 and the amount for mileage paid in 1992 to 28 cents. Item 2. Seasonal Winter Recreation Leader - -It was recommended that the hiring of Kelly Hagan as a seasonal winter recreation leader substitute be approved for the remainder of the winter recreation season. Item 3. Seasonal Preschool Program Assistants - -It was recommended that the hiring of Gerine Pongratz and Sharon Starnes as preschool program assistants be approved. Item 4. Employee Assistance Program - -It was recommended that the contract with Health Counseling Service be approved to provide the Employee Assistance Program for 1992 for City of Eagan employees. Item 5. Resignation /Assistant Director of Finance - -It was recommended that the resignation of Assistant Director of Finance Ken Damlo be accepted and the advertising to fill the vacancy be approved. Item 6. Resignation /Police Dispatcher --It was recommended that the resignation of Police Dispatcher Lois Gould be accepted and procedures to fill the vacancy implemented. Page 3 /EAGAN CITY COUNCIL MINUTES January 21, 1992 Item 7. Submission of Pay Equity Implementation Report to the Department of Employee Relations - -It was recommended that the report be approved as presented and staff directed to fulfill the requirements of the pay equity legislation. Item 8. Reclassification of Certain "Independent Contractors" to Temporary or Seasonal Employee Status - -It was recommended that the Recycling Coordinator be reclassified to temporary full-time employee status, the Cable Television Technicians to temporary part -time employee status, the Contract Building Inspectors to seasonal employee status, the Fire Inspector to temporary full-time employee status, the Sign Inspector to temporary part -time employee status and the substitute Dispatcher to temporary part -time employee status. Item 9. Compensation Adjustment /Police Lieutenants /Deputy Chief /Chief- -It was recommended that the compensation adjustment for 1991 for the lieutenants and a compensation rate adjustment for 1992 for the lieutenants, deputy chief, and chief be approved. Item 10. Seasonal Equipment Maintenance Worker - -It was recommended that the hiring of John VanDiver as a seasonal equipment maintenance worker be approved. B. Plumbers Licenses It was recommended that the plumbers licenses be approved as presented in Exhibit A. C. License, On -Sale Beer, James Ezzell, Piccolo's. 4162 Pilot Knob Road It was recommended that the on -sale beer license for James Ezzell, Piccolo's, 4162 Pilot Knob Road be approved. D. License, Tree Contractor, A.C.Tree It was recommended that the tree contractor license for A. C. Tree be approved. E. Application, Recycling Program, Dakota County Special Assistance Grant It was recommended that the City's Dakota County Special Assistance Grant application for the recycling program be approved. R -92.3 F. Request, Minnesota Department of Natural Resources. Funding for 1992 Deer Survey It was recommended that a cooperative agreement with the Minnesota Department of Natural resources for the 1992 Minnesota Valley deer survey be approved in the budgeted amount of $450. G. Purchase, Police Department, 1992 Squad Cars It was recommended that the purchase of five police vehicles be approved as budgeted. H. Amendment, 1992 Tax Increment Finance Policy It was recommended that the 1992 update of the City's tax increment financing policy be approved. Page 4 /EAGAN CITY COUNCIL MINUTES January 21, 1992 I. Disposition of Surplus Property, Fire Department It was recommended that the disposition of surplus property by the Fire Department be approved. J. Project 625, Authorize Feasibility Report (Lexington Pointe Parkway - Streets & Utilities) It was recommended that the feasibility report for Project 625 (Lexington Pointe Parkway - streets and utilities) be authorized. K. Retirement. Police Department K -9 It was recommended that the retirement of the Police Department K -9, Smokey, be approved. L. Contract 91 -11, Approve Plans /Authorize Advertisement for Bids (Well #16 - Pumnhouse & Pumping Facilities) It was recommended that the plans for Contract 91 -11 (Well #16 - Pumphouse & Pumping Facilities) be approved and an advertisement for bids be authorized for 11:00 a.m., February 14, 1992. M. Designation of Regulatory Authority Wetland. Conservation Act Enforcement It was recommended that the City of Eagan be designated as being the responsible local governmental unit (LGU) for the implementation and enforcement of the 1991 Wetland Conservation Act. N. Project 592, Set Public Hearing and Authorize Notice for Reassessment, Paul & Nancy Brooks (Wilmus Addition - Lift Station & Storm Sewer) It was recommended that the public hearing be set for February 4, 1992, and the notice for reassessment authorized for the subject project under Project 592. Nay: 0 Pawlenty moved, Awada seconded, a motion to approve the Consent Agenda as presented. Aye: 5 ......... ............................... PRELIMINARY PLAT EXTENSION /STRYKER ADDITION City Administrator Hedges suggested that consideration of a preliminary plat extension for the Stryker Addition take place at this time as the developer was present and the City Attorney had recommended it for continuance. A representative for the developer asked if the preliminary plat and their application for a waiver of plat could be split so they could move ahead with the preliminary plat. City Attorney Sheldon said that the financial concerns raised relate to both issues and expected it to be resolved within the next two weeks. Awada moved, Wachter seconded, a motion to continue to the February 18, 1992, regular City Council meeting, consideration of the extension of the preliminary plat for the Stryker Addition, located at the intersection of Beau de Rue Drive and Rahn Road. Aye: 5 Nay: 0 Page 5 /EAGAN CITY COUNCIL MINUTES January 21, 1992 :: �' �. 19!il]<�R > »T:I111Z?�AT!T±<iir:: Prior to beginning the appointments to the advisory commissions, City Administrator Hedges added Item F. which provides for the selection of members to the Design Review Committee for the ice arena /outdoor swimming pool project. A. ADVISORY COMMISSION APPOINTMENTS Advisory Planning Commission The following members were appointed to the Advisory Planning Commission: 1. Three -Year Terms John Gorman Ron Voracek Mark Miller 2. Two -Year Term John Griggs (remainder of unexpired term) 3. One -Year Alternate Term Shawn Hunter Airport Relations Commission The following members were appointed to the Airport Relations Commission: 1. Three -Year Terms 2. One -Year Alternate Terms W. Dustin Mirick Lois Monson Jane Vanderpoel Robert J. Cooper Patricia Todd Economic Development Commission McCrea moved, Pawlenty seconded, a motion to add an additional member to the Economic Development Commission representing the Small Business Sector. Aye: 5 Nay: 0 The following members were appointed to the Economic Development Commission for three -year terms: 1. Development Sector Public Sector Small Business Sector Patrick Grinde Roger Hughes Tom Pederson Joint Burnsville /Eagan Cable Communications Commission The following members were appointed to the Joint Burnsville /Eagan Cable Communications Commission: 1. One -Year Alternate Term Michael A. Guncheon Page 6 /EAGAN CITY COUNCIL MINUTES January 21, 1992 Advisory Parks, Recreation & Natural Resources Commission The following members were appointed to the Advisory Parks, Recreation & Natural Resources Commission: 1. Three -Year Term 2. One -Year Term (remainder of unexpired term) 3. One -Year Alternate Term Theodore Billy Jack Johnson Daniel Mooridian Jonathan Widem Kevin Knight Solid Waste Abatement Commission The following members were appointed to the Solid Waste Abatement Commission: 1. Residents: Three -Year Term Terry Davis Two -Year Terms Ken Ische Floyd Hiar One -Year Term Dennis Seiz 2. Business: Three -Year Term Terry Jacobs Two -Year Term Patrick Frater 3. Hauler: Two -Year Term Larry Knutson One -Year Term Craig Seim An additional one -year term for a resident member and a one -year alternate term remain to be filled. Mayor Egan recommended that staff readvertise these vacancies to generate additional applications. B. GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION Wachter moved, Awada seconded, a motion to appoint Rich Brasch, Water Resources Coordinator, to a full -time, indefinite term and Tom Colbert, Director of Public Works, to the alternate term on the Gun Club Lake Watershed Management Organization. Aye: 5 Nay: 0 C. ACTING MAYOR Mayor Egan appointed Councilmember Pawlenty as the Acting Mayor. Page 7 /EAGAN CITY COUNCIL MINUTES January 21, 1992 D. LEGAL NEWSPAPER Egan moved, McCrea seconded, a motion to approve retaining the Dakota County Tribune (This Week Newspapers) as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 E. CITY COUNCIL MEETINGS McCrea moved, Awada seconded, a motion to designate the first and third Tuesdays of each month at 6:30 p.m. for the official City Council meetings, and designated the following alternate dates for those meet'ngs with scheduling conflicts: Thursday, March 5, 1992, for the March 3 meeting; Thursday, April 9, 1992, for the April 7 meeting; Thursday, May 21, 1992, for the May 19 meeting; Thursday, October 8, 1992, for the October 6 meeting; and Thursday, November 5, 1992, for the November 3 meeting. F. STANDING COMMITTEE APPOINTMENTS Mayor Egan appointed Councilmembers to serve on the various standing committees as follows: 1. Finance Committee: McCrea (Chair) and Pawlenty 2. Public Works Committee: Wachter (Chair) and Egan 3. Personnel Committee: Awada (Chair) and McCrea Pawlenty moved, McCrea seconded, a motion to ratify the appointments to the standing committees. Aye: 5 Nay: 0 G. DESIGN REVIEW COMMITTEE Pawlenty moved, Wachter seconded, a motion to appoint the existing Architectural Selection Committee to the newly formed Design Review Committee for the proposed ice arena /outdoor swimming pool project and authorized staff to solicit applications from other interest groups for two additional positions on this committee. Aye: 5 Nay: 0 SENECA DEVELOPMENT AGREEMENT AMENDMENT Mayor Egan introduced this item as a review and discussion of the proposed amendment to the Seneca development agreement. After a brief explanation of the amendment, Mayor Egan asked residents in the audience whether they were in agreement and all indicated they were. Mr. Harold Voth of the Metropolitan Waste Control Commission was present to answer any questions. John Westley praised the use of the N -Viro technology at the Seneca plant but said it was only to be used to dispose of 40% of the waste treated at the plant. He urged the City to take a pro- active approach and push for the wider use of the N -Viro process with the eventual discontinuance of incineration as a means of disposal. It was the consensus of the City Council that the proposed amendment to the Seneca Development Agreement concerning odor control equipment would be viewed favorably by the City Council. r Page 8 /EAGAN CITY COUNCIL MINUTES January 21, 1992 1992 CDBG RECONSIDERATION Mayor Egan introduced this item as reconsideration of the project designation for the 1992 Block Grant Funds. City Administrator Hedges provided background on the item and noted that at the January 7, 1992, regular City Council meeting, Councilmember McCrea had asked whether the provision of open space for the densely populated Wescott Square development was an appropriate use of the CDBG funds. Staff was not certain at that time whether funds could be expended in that manner and the City Council subsequently approved another use for the grant funds. Mr. Hedges said staff has since checked with the Dakota County Housing and Redevelopment Authority (HRA) and find that it may be possible to use the funds for such a purpose. Director of Parks & Recreation Vraa said that several years ago consideration was given to providing some open space or park area for the development. He said staff could review the area again with a focus on the age range of the children who live in the immediate area. Community Development Director Runkle suggested that easements be obtained and then CDBG funds applied to any improvements. He said in addition to an easement from the property owner, it may be possible to obtain another acre of property nearby. McCrea moved, Wachter seconded, a motion to reconsider Council action of January 7, 1992, regarding the designation of Community Development Block Grant Funds for housing rehabilitation. Aye: 5 Nay: 0 McCrea moved, Awada seconded, a motion authorizing staff to explore the possibility of obtaining 1 + acres of potential parkland in the Wescott Square area with the understanding that if this project does not qualify for CDBG funding, the grant designation will revert back to the housing rehabilitation project as originally approved. Councilmember Pawlenty recommended that ownership or dedication of property within the development be researched to maximize the use of the grant funds for improvements. Aye: 5 Nay: 0 PRELIMINARY PLAT EXTENSION /STRYKER ADDITION This item was addressed immediately following consideration of the Consent Agenda. SELECTION OF ARCHITECT /ICE ARENA /SWIMMING POOL Mayor Egan introduced this item as the selection of an architect for the proposed ice arena /outdoor swimming pool project. Discussion centered around the Architect Review Committee and the process involved in their recommendation. McCrea moved, Awada seconded, a motion to approve the firm of Ankeny, Kell, and Richter (AKR) for phase I of the proposed ice arena /outdoor swimming pool project with the understanding that AKR will change their pool consultant without altering their bid and, if that is not possible, a contract for service will be offered to firm of BRW at the same $18,000 bid. Aye: 5 Nay: 0 VARIANCE /EAGAN ROYALE Mayor Egan introduced this item as a variance for Doug Pietsch / Pietsch Builders, Inc., of 10' to the Required 30' Setback from public right -of -way for Lot 22, Block 2, Eagan Royale, located in the southeast Page 9 /EAGAN CITY COUNCIL MINUTES January 21, 1992 quarter of Section 31. Director of Community Development Runkle said the variance was prompted by the builder's desire to preserve a large oak tree on the property. He said setbacks could be met; however, it would result in the removal of this tree. Doug Pietsch was present and indicated the tree is in excellent condition and worth saving. McCrea moved, Wachter seconded, a motion to approve a 10 foot variance from the 30 foot setback from public right -of -way for Pietsch Builders, Inc., for Lot 22, Block 2, Eagan Royale and conditioned upon meeting all other City Code requirements. Aye: 5 Nay: 0 VARIANCE /BEACON HILL ROAD Mayor Egan introduced this item as a variance for Thom Yehle, of 3' to the required 10' sideyard setback for 4722 Beacon Hill Road, Lot 34, Block 6, Beacon Hill Addition. Director of Community Development Runkle pointed out that the applicant is proposing to add living space above his existing garage. The garage exceeds the five -foot setback by two feet, however, dwelling space requires a 10' setback. Mr. Runkle said the applicant had considered all other options and because of the existing drainage route, pool and patio, believes this to be the only realistic approach. The applicant was present as well as one of the adjacent property owners who said he did not object to the improvement. Wachter moved, Awada seconded, a motion to approve a variance application for Thom Yehle of 4722 Beacon Hill Road and conditioned upon meeting all other City Code requirements. Aye: 5 Nay: 0 EHW PROPERTIES SETTLEMENT /JOHNNY CAKE RIDGE ROAD Mayor Egan introduced this item as a stipulation of settlement /EHW Properties, Project 524 (Johnny Cake Ridge Road Assessments). Egan moved, McCrea seconded, a motion to approve the stipulation of settlement for EHW Properties relative to Project 524 (Johnny Cake Ridge Road) as presented. Aye: 5 Nay: 0 Page 10 /EAGAN CITY COUNCIL MINUTES January 21, 1992 '«31'11 13 James Williams of 4172 Reading approached the City Council about the parking problems that are occurring in his neighborhood as a result of School District 1%'s decision to charge for student parking. Mr. Williams outlined his contacts with the Superintendent of Schools, the School Board and other school district officials who have all indicated the fee is intended to be a revenue source for the district. Mr. Williams noted that the Post Office was threatening to stop delivering his mail because of vehicles parked in front of his mailbox as well as general concerns regarding safety. Mr. Williams said one of the school district's suggestions was to restrict parking in the neighborhood; however, Mr. Williams said such restrictions would infringe upon his and his guests' ability to park in front of his home. Members of the City Council then discussed the history behind the issue of parking at Eagan High School. They noted their frustration in attempting to find a workable solution as well as their perception that in getting a revenue source, the school district had shifted a parking and safety problem to the City. Because the Eagan High School parking lot was designed to accommodate student parking, it was generally agreed that a strong message should be sent to the school district. Wachter moved, McCrea seconded, a motion directing the City Administrator to send a strong message to the Board of Education of Independent School District #196 in care of the Superintendent of Schools, requesting that the student parking permit program be abolished to alleviate the on- street parking congestion that is occurring in the adjacent resident neighborhood. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING McCrea moved, Pawlenty seconded, a motion to set a special meeting of the City Council for February 3 at 5:00 p.m., for the purpose of reviewing ice arena facilities and discussion of related issues. Aye: 5 Nay- 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 20, 1991, in the amount of $324,514.90, the checklist dated January 21, 1992, in the amount of $170,811.14 and the checklist dated January 7, 1992, in the amount of $348,823.63 Aye: 5 Nay. 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider results of collective bargaining negotiations at 9:35 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, and City Administrator Hedges. The executive session was adjourned at approximately 10:00 P.M. KF CITY OF EAGAN E. JV erbeke City -1 EXHIBIT A - PLUMBERS TO BE APPROVED JAN. 21, 1992 1. Blaylock Plumbing Co., Inc. 2. Boedeker Plumbing & Heating 3. Bruckmueller Plumbing 4. Dakota Plumbing & Heating, Inc. 5. Elander Plumbing Co., Inc. 6. Five Star Plumbing Inc. 7. GR Mechanical 8. Raymond E. Haeg Plumbing Inc. 9. Harris Mechanical Contracting Co. 10. Jerry's Plumbing 11. Lakeside Plumbing & Heating, Inc. 12. Major Mechanical, Inc. 13. Matthew Daniels 14. McDonald Plumbing 15. Dick Motz Plumbing 16. Neu Plumbing 17. Nybo- Peterson Company Inc. 18. Larry R. Olson 19. Peine Plumbing & Heating, Inc. 20. R. C. Plumbing 21. Dale Sorensen Company 22. Spiess Plumbing 23. Star Plumbing & Excavating Inca 24. State Mechanical, Inc. 25. Thompson Plumbing Corp. 26. Welter & Blaylock, Inc. 27. Wenzel Plumbing & Heating, Inc.