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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.