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12/19/1989 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 19, 1989 A regular meeting of the Eagan City Council was held on Tuesday, December 19, 1989 at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Egan, Gustafson and McCrea; Councilmember Wachter was absent. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert, and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges informed the Council that the Joint Powers Gun Training Range matter should be added under the Department Head Business. Gustafson moved, McCrea seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES December 5, 1989. Councilmember Egan requested a correction on page 11, paragraph 2, the motion was seconded by "Ellison". Councilmember Gustafson requested a correction on page 10, paragraph 8, to the spelling for "Richard Barone". Gustafson moved, Egan seconded, the motion to approve the minutes for the December 5, 1989 regular Council meeting as amended. All voted in favor. December 12. 1989. Egan moved, McCrea seconded, the motion to approve the minutes for the December 12, 1989 special Council meeting as presented. All voted in favor. PUBLIC WORKS DEPARTMENT/WELL NO. 15/EXTENDED WORKING HOURS City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert described the well problems and the reason for the extended working hours request. He recommended Council approval and informed the Council that no complaints had been received. Page 2/EAGAN CITY COUNCIL MINUTES December 19, 1989 McCrea moved, Gustafson seconded, the motion to authorize a variance of working hours for Contract 89-10 (Well No. 15) to allow work to occur from 6:00 a.m. to 10:00 p.m., Monday through Saturday, until January 26, 1990, subject to revocation of the variance if any complaints are received and the complainant's concerns cannot be addressed. All voted in favor. POLICE DEPARTMENT/JOINT POWERS GUN TRAINING RANGE City Administrator Tom Hedges described the proposal for the Council. Police Chief Geagan explained there was a need for a proper training site. City Administrator Tom Hedges explained the budget constraints. Councilmember McCrea supported the idea and stated that the police need the best training possible. Mayor Ellison asked if the City of Apple Valley would build its own range with the City of Eagan leasing. Police Chief Geagan responded that it was a possibility. Councilmember Egan stated he would prefer to expend 1990 dollars on the project. Councilmember Gustafson stated he was willing to encourage the idea. He pointed out that the range would also save travel dollars. He remarked he would support the project if the dollars were available. Councilmember Egan explained he would prefer a firm commitment. Gustafson moved, McCrea seconded, the motion to direct the Chief of Police to continue negotiation and explore possible locations for a gun training range, with a council commitment to encumber 1989 dollars, if available. All voted in favor. FIRE DEPARTMENT/AERIAL Fire Chief Southorn updated the Council on the status of the aerial. Page 3/EAGAN CITY COUNCIL MINUTES December 19, 1989 CONSENT AGENDA A. Personnel Items. 1. 1990 Annual Compensation and Benefit Adjustments for Non-Collective Bargaining Employees. It was recommended to approve the compensation and benefit adjustments for non-collective bargaining employees for 1990 as presented. 2. Police Officer. It was recommended to approve the appointment of Mark Ryan as a police officer for the City of Eagan. 3. Vacation Adjustment. It was recommended to approve the vacation accrual adjustment/cash payments as presented for Virginia Knight, Marlene Adam, and Nancy Ingerson. 4. Seasonal Winter Recreational Leaders. City Administrator Tom Hedges informed the Council of the hiring of the following persons as additional seasonal winter recreational leaders for the 1989-1990 season: Ian Dozier, Rob Heir, Martha Henderson, Mike Mattson, and Mike Melville. No action was required on this item. B. Renewal, 1990 Cigarette Licenses. It was recommended to approve the 1990 cigarette license renewals as presented. C. Renewal, 1990 Licensed Refuse Haulers. It was recommended to approve the licenses for 1990 for the refuse haulers as presented. D. Renewal, 1990 Kennel Licenses. It was recommended to approve the kennel license renewal for Don Sanberg to operate Kaposia Kennels at 1560 Yankee Doodle Road. Page 4/EAGAN CITY COUNCIL MINUTES December 19, 1989 E. Adiustments, 1989 General Fund Budget. It was recommended to approve the 1989 General Fund Budget adjustments as presented. F. Recommendation, 1990-1991 Hauler Recycling Compensation, Solid Waste Abatement Commission. It was recommended to approve the 1990-1991 hauler recycling compensation as recommended by the Solid Waste Abatement Commission. G. Contract 87-24, Acknowledgement of Completion/Authorize Final Payment (Braddock Trail and Northview Park Road - Trunk Utilities). It was recommended to acknowledge the completion of Contract 87-24 (Braddock Trail and Northview Park Road - Trunk Utilities) and authorize the seventh and final payment to J. P. Norex, Inc. for $958.00 subject to all warranty provisions. H. Contract 87-30, Acknowledgement of Completion/Authorize Final Payment (Country Hollow - Trunk Utilities). It was recommended to acknowledge the completion of Contract 87-30 (Country Hollow-Trunk Utilities) and authorize the seventh and final payment to F. F. Jedlicki, Inc. for $5,511.92, subject to all warranty provisions. I. Contract 87-37, Acknowledgement of Completion/Authorize Final Payment (Cutters' Ridge Addition - Trunk Utilities and General Electric Supply Company - Storm Sewer). It was recommended to acknowledge the completion of Contract 87-37 (Cutters' Ridge Addition - Trunk Utilities and General Electric Supply Company - Storm Sewer) and authorize the fourth and final payment to S. J. Louis Construction Company for $3,083.62, subject to all warranty provisions. J. Contract 87-M, Acknowledgement of Completion (Beautiful Savior Church - Utilities). It was recommended to acknowledge the completion of Contract 87-M (Beautiful Savior Church - Utilities). Page 5/EAGAN CITY COUNCIL MINUTES December 19, 1989 K. Contract 87-LL, Acknowledgement of Completion (Woodland Elementary School - Utilities). It was recommended to acknowledge the completion of Contract 87-LL (Woodland Elementary School - Utilities). L. Contract 87-KKK, Acknowledgement of Completion (Dodd Farm Addition - Streets and Utilities). It was recommended to acknowledge the completion of Contract 87-KKK (Dodd Farm Addition - Streets and Utilities). M. Contract 88-I, Acknowledgement of Completion (Cedar Cliff Commercial Park 4th Addition - Utilities). It was recommended to acknowledge the completion of Contract 88-I (Cedar Cliff Commercial Park 4th Addition - Utilities). N. Project 567R, Receive Revised Feasibility Report/Order Public Hearing (Effress Addition - Storm Sewer). It was recommended to receive the revised feasibility report for Project 567R (Effress Addition - Storm Sewer) and schedule a public hearing to be held on January 16, 1990. 0. Project 585, Receive Feasibility Report/Order Public Hearing (West Publishing 3rd Addition - Storm Sewer). It was recommended to receive the feasibility report for Project 585 (West Publishing 3rd Addition - Storm Sewer) and schedule a public hearing to be held on January 16, 1990. P. Project 587, Receive Feasibility Report/Order Public Hearing (Coventry Pass 2nd Addition - Trunk Storm Sewer)./ It was recommended to receive the feasibility report for Project 587 (Coventry Pass 2nd Addition - Trunk Storm Sewer) and schedule a public hearing to be held on January 16, 1990. Q. Project 584, Receive Feasibility Report/Order Public Hearing (Rahn Road - Streets and Utility Reconstruction). It was recommended to receive the feasibility report for Project 584 (Rahn Road - Streets and Utility Reconstruction) and schedule a public hearing to be held on January 16, 1990. Page 6/EAGAN CITY COUNCIL MINUTES December 19, 1989 R. Amendment to Conditions of Preliminary Plat Approval for Highview Park Addition. It was recommended to approve the amendment to the preliminary plat approval for Highview Park Addition. S. Final Plat, Highview Park Addition. It was recommended to approve the final plat for Highview Park Addition. R-89.79 T. Project 549R, Receive Revised Feasibility Report/Order Public Hearing (Stratford Oaks Addition - Sanitary and Storm Sewer). It was recommended to receive the revised feasibility report for Project 549R (Stratford Oaks Addition - Sanitary and Storm Sewer) and schedule a new public hearing to be held on January 16, 1990. Gustafson moved, Egan seconded, the motion to approve the consent agenda items as presented, and authorize their implementation. All voted in favor. POLICE DEPARTMENT/CANINE UNIT City Administrator Tom Hedges informed the Council that it may be necessary to compensate three police officers for the handling of the canine unit in order to meet the Fair Labor Standards Act requirements. He estimated the total cost to be $14,500.00. Police Chief Geagan reported he would schedule to minimize future cost. He explained that the dollars would come from the police budget and pointed out that the police officers did not request the compensation. Councilmember McCrea asked for the basis of the federal jurisdiction. City Administrator Tom Hedges replied it was the "FLSA". Police Chief Geagan explained the ruling and stated he would prefer the dollars out of the 1989 budget. Councilmember Egan remarked that the City should look for federal funding. McCrea moved, Egan seconded, the motion to compensate three police officers for the handling of the canine unit to meet the Fair Labor Standards Act requirements. All voted in favor. 4 Page 7/EAGAN CITY COUNCIL MINUTES December 19, 1989 FINAL ASSESSMENT HEARING/PROJECT 443/O'NEIL TRUNK STORM SEWER McCrea moved, Gustafson seconded, the motion to continue the final assessment hearing for Project 443 (O'Neil Trunk Storm Sewer) to the January 4, 1990 City Council meeting. All voted in favor. PARK CENTER ADDITION/PROJECT 583/STREETS AND UTILITIES City Administrator Tom Hedges introduced the matter. Jim Eulberg presented the feasibility report to the Council. Charles Bartholdi (Federal Land) agreed with the provisions and requested approval subject to the revisions. Public Works Director Tom Colbert pointed out that the revisions were included in the Council packet. Mayor Ellison questioned if the HRA had been notified. Public Works Director Tom Colbert replied that the HRA was notified. Gustafson moved, McCrea seconded, the motion to close the public hearing and approve Project 583, Park Center Addition (Streets and Utilities) and authorize the preparation of detailed plans and specifications. All voted in favor. 1990 GENERAL FUND BUDGET/PUBLIC ENTERPRISE FUND BUDGET Gustafson moved, Egan seconded, the motion to close the public hearing and approve the 1990 general fund budget as presented. All voted in favor. Gustafson moved, Egan seconded, the motion to approve the 1990 public enterprise fund budget as presented. All voted in favor. KINGSWOOD ADDITION/JIM HORNS/DEVELOPMENT FEE REIMBURSEMENT City Administrator Tom Hedges reviewed the background information for the Council. Rollie Crawford (Attorney for Jim Horne) explained the applicant's justification for the request. He diagramed the original road alignment and explained that the realignment caused considerable expense. He pointed out there were no additional lots added. He presented the history regarding the matter. He requested reimbursement for the following reasons: (1) the request is philosophically correct; (2) fairness; and (3) legal reasons. Page 8/EAGAN CITY COUNCIL MINUTES December 19, 1989 Mayor Ellison questioned the City's policy regarding dedications. City Administrator Tom Hedges explained the procedure. Mayor Ellison commented that the money was for the future owners of the lots. Councilmember McCrea asked for the total cost of the realignment. Mr. Crawford stated it was in the range of $50,000 plus. Public Works Director Tom Colbert explained the utility realignment. Councilmember McCrea had concerns regarding approval of final plats before everything was finalized. Councilmember Egan felt it was an engineering and legal issue. He questioned if the Kingswood 2nd Addition would have been feasible without the realignment. Public Works Director Tom Colbert stated Kingswood 2nd Addition was not contingent upon the realignment. Councilmember Egan questioned if there was a legal basis for the park dedication fee. City Attorney Jim Sheldon explained that the nexus was with the overall park plan. He explained that the ordinance was for fairness. He commented that the philosophical issue was addressing the replat and felt it was a Council decision. Mayor Ellison remarked that the City had the letter of the law right but that the spirit of the law required reimbursement. He suggested future park dedication fees be based on the building and not the platting. Councilmember Egan felt the City should not waive the variance application fee but that the park dedication fee should not be collected. Councilmember Gustafson supported the rebate for philosophical reasons. Egan moved, McCrea seconded, the motion to close the public hearing and approve a formal reimbursement for the entire park dedication fee as requested by Horne Development Corporation regarding Kingswood Addition in the amount of $4,725.00. All voted in favor. Ellison moved, Egan seconded, the motion to direct City staff to review the park dedication policy for previously platted lots. All voted in favor. OPEN BURNING PERMITS City Administrator Tom Hedges summarized the matter for the Council. McCrea moved, Egan seconded, the motion to designate Dale Wegleitner, the City's contractual fire inspector, and Ken Southorn (Fire Chief) as the City's authority to issue open burning permits upon authorization by the MPCA. All voted in favor. a Page 9/EAGAN CITY COUNCIL MINUTES December 19, 1989 AIRPORT RELATIONS COMMISSION/CONSULTANT City Administrator Tom Hedges introduced the matter and commended Jon Hohenstein on his research. Assistant to the Administrator Jon Hohenstein gave the background information on the issue. He referenced his memo dated December 13, 1989. Mayor Ellison asked if research had been done regarding the cost. Mr. Hohenstein stated the matter had been researched. Councilmember Egan questioned the process requirement for the hearing. Mr. Hohenstein explained the process and pointed out it could possibly be a three-year process. Bill Clayton (ENAC) urged adoption of the motion. Don Grant felt the City of Eagan should do its own study and that it should not respond to Mendota Heights. He felt Eagan should take the offensive. Sandra Marsla agreed with Mr. Grant. She stated that the citizens needed help. Cynthia Ellis requested information on the master plan. She stated that Met Council is not included in the Mendota Heights' plan. Mayor Ellison had questions regarding the master plan. Ms. Ellis pointed out the defined corridor borders and explained the 54 points from the committee. Ms. Marsla pointed out that master plan meant political plan, not a land use plan. Eveland Cota (McKee Addition) requested action by the Council as the noise was constant. Mayor Ellison requested the MASAC study update. Jon Hohenstein updated the Council on the MASAC study. He pointed out that the City needed more expertise in the new area. Tim Pawlenty stated he felt Eagan had done its part. He pointed out that the premise was that the corridor did not work anymore and that if that were true, the City needed to protect its interest. Vivian Jackson emphasized that the noise was intolerable and that the citizens needed support. She pointed out that buildings had sustained structural damage. She requested compensation for her loss. Page 10/EAGAN CITY COUNCIL MINUTES December 19, 1989 Councilmember McCrea supported the motion and felt there was a need for a pro-active approach. She also stated she felt there was a need for a political approach. She stated that Eagan should not have factions. Councilmember Egan supported the recommendation. He stated it was a parochial issue and not a level ball field. He sympathized with the McKee Addition residents. He pointed out that airports were very valuable but that there was a duty to compensate others for the impact. He felt a study should be conducted regarding compensation. Councilmember Gustafson agreed. Gustafson moved, McCrea seconded, the motion to approve up to $20,000 from a fund source to be identified in January to hire a team to be ratified at the first January meeting, to pro-actively represent Eagan before the MASAC and other organizations. All voted in favor. City Administrator Tom Hedges informed the Council the names would be obtained for the January meeting. He pointed out it was a very expensive proposition and that contact must be channeled with these people. Councilmember McCrea stated the City needed to be very politically astute. There was further discussion regarding the matter. Mayor Ellison supported the motion but was ambivalent. He stated the study would only reflect Eagan's position and that it would not carry credibility to influence MASAC. Egan moved, McCrea seconded, the motion to provide a scope of work with specific objectives for the airport consultants' study for the January 4, 1990 City Council meeting. All voted in favor. McCrea moved, Gustafson seconded, the motion to waive the RFP process for selection of the airport consultants. All voted in favor. CARBONE'S PIZZERIA/WINE AND BEER LICENSE City Administrator Tom Hedges informed the Council that the license application was in order. Egan moved, Gustafson seconded, the motion to approve the wine and beer license for John Swenson and Steve Nelson for the Carbone's Pizzeria located at 1565 Cliff Road. All voted in favor. J Page 11/EAGAN CITY COUNCIL MINUTES December 19, 1989 COMPREHENSIVE GUIDE PLAN AMENDMENT City Administrator Tom Hedges reviewed the matter for the Council. Gustafson moved, Egan seconded, the motion to approve a resolution affirming the need for amending the Eagan Comprehensive Guide Plan for conformance with Metropolitan Systems Plans. All voted in favor. R-89.80 SAINT THOMAS BECKET CHURCH/SPECIAL USE PERMIT City Administrator Tom Hedges briefed the Council regarding the matter. Egan moved, McCrea seconded, the motion to approve a special use permit for the Church of Saint Thomas Becket to allow a temporary use of the building located at 1080 Lone Oak Road for church services, subject to the condition that the special use permit shall expire and become void three years from the date of approval. All voted in favor. BOULDER RIDGE 2ND ADDITION/PRELIMINARY PLAT City Administrator Tom Hedges presented the matter to the Council. Community Development Director Dale Runkle reviewed the staff report. Councilmember Egan questioned various aspects of the development. Councilmember Gustafson stated proposed condition number 2 should read "approved by the City Attorney". Gustafson moved, McCrea seconded, the motion to approve a preliminary plat entitled Boulder Ridge 2nd Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, C1, C2, C4, C5, D1, El, F1 and G1. 2. A copy of the homeowners association bylaws shall be approved by the City Attorney. 3. All code signage ordinances shall be adhered to. Page 12/EAGAN CITY COUNCIL MINUTES December 19, 1989 4. The well and septic systems shall be capped per City regulations. 5. The development is required to modify the proposed watermain alignment to provide connections to the existing watermain stub provided at the southeast quadrant of Thomas Lake Road and Diffley Road, thus eliminating the proposed Outlot A watermain connection to the watermain system in Thomas Lake Road. 6. The development is required to provide individual sewer and water services to each proposed unit. 7. A concrete valley gutter is required along Thomas Lake Road at its intersection with the proposed Outlot A private street. All voted in favor. FRANK'S NURSERY AND CRAFTS/PRELIMINARY PLAT City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle presented the application summary. He pointed out that the applicants agreed to the proposed conditions. Public Works Director Tom Colbert explained the reason for proposed condition number 11 and the necessary research. Jim Phillipi (representative for the applicant, Frank's Nursery and Crafts, Inc.) informed the Council he was available for questions. Councilmember McCrea agreed with proposed condition number 11. McCrea moved, Gustafson seconded, the motion to approve a preliminary plat entitled Frank's Nursery and Crafts Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with : Al, B1, B2, B3, Cl, C2, C4, C5, D1, El, F1, and Gi. Page 13/EAGAN CITY COUNCIL MINUTES December 19, 1989 2. Trash and recycling enclosures shall be attached, constructed of the same building material, and not visible from the street. 3. Rooftop mechanical equipment shall be screened with materials compatible with the building. - 4. Ingress/egress easements shall be required. 5. Field staking of the plant material shall be reviewed by City staff prior to installation. 6. Final landscape plan shall be submitted on grading plan. 7. Irrigation shall be required for the site. 8. All signage shall be subject to a one-time fee of $2.50/square foot. The pylon sign shall not exceed 125 square feet in area per side and not greater than 27' in height. 9. The development is required to provide a 5 cfs storm sewer outlet to the easterly adjacent property. 10. The development is required to provide storm sewer to drain the fenced display area along the west side of the building. 11. The development is required to limit nutrient loadings to Fish Lake to pre-development levels. 12. The development will be required to provide a 6" watermain stub to the easterly adjacent property line. 13. Concrete curb and gutter is required around the edge of the bituminous in the fenced display area. Page 14/EAGAN CITY COUNCIL MINUTES December 19, 1989 14. The development is required to coordinate the construction of its easterly entrance from Duckwood Drive with the easterly adjacent property. 15. A 40' half right-of-way is required for Duckwood Drive. 16. No outdoor sales and/or loudspeaker systems shall be allowed. 17. All shopping carts shall be stored inside the building. 18. The development shall dedicate a 2 foot trailway easement. 19. The development shall construct the building with brick on the front wall instead of block. 20. The ingress/egress easement shall be vacated prior to the final plat approval. 21. The filter system plans shall be submitted for staff review prior to review of the preliminary plat by the City Council. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a conditional use permit to allow outdoor display of sales and garden supplies within the Frank's Nursery and Crafts Addition. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a pylon sign for the Frank's Nursery and Craft Addition. All voted in favor. JANUARY CLEANING SERVICE BIDS City Administrator Tom Hedges recommended approving the low bid of CBM Industries. Page 15/EAGAN CITY COUNCIL MINUTES December 19, 1989 McCrea moved, Egan seconded, the motion to approve the low bid of CBM Industries in the amount of $1,491.00 per month for the municipal center cleaning services during 1990. Egan, McCrea and Ellison voted in favor; Gustafson abstained. AWARD SALE/UNIT NO. 114/1980 FORD McCrea moved, Gustafson seconded, the motion to approve the low bid for the sale of a 1980 Ford 1-ton utility truck, Unit No. 114, in the amount of $1,195.00. All voted in favor. COMMERCIAL/INDUSTRIAL PARK LAND DEDICATION Councilmember McCrea was concerned about the increase. She felt the matter should be referred to the Development Task Force. Mayor Ellison asked what a delay would mean. City Administrator Tom Hedges explained that it would be a loss in the difference of the fee until a new fee was adopted. Councilmember Egan stated he felt the matter had previously been studied. There was further discussion regarding the matter. Mayor Ellison stated he was comfortable with the proposed rates. Egan moved, Gustafson seconded, the motion to approve the commercial and industrial park land dedication fees scheduled at .055 cents per square foot for any cash payment in lieu of park land dedication for commercial/industrial development during 1990. Egan, Ellison and Gustafson voted in favor; McCrea voted against. ADDITIONAL ITEMS/REMICK ADDITION Community Development Director Dale Runkle informed the Council of the removal of the condition for the Remick Addition regarding the slope easement. WORK SESSION City Administrator Tom Hedges recommended a special City Council meeting for January 9, 1990. McCrea moved, Egan seconded, the motion to schedule a special City Council meeting for January 9, 1990, at 5:30 p.m. to interview candidates for the commission appointments. All voted in favor. Page 16/EAGAN CITY COUNCIL MINUTES December 19, 1989 MAYOR ELLISON/FAREWELL ADDRESS Mayor Ellison informed the Council and staff that he enjoyed his time of service to the City of Eagan and was proud of the accomplishments. He stated the City had an excellent staff. He explained he would pursue his writing and keep the best interest of the City at heart. He reviewed many fond memories of the Council members and stated he leaves with full optimism. He reviewed the five following points: (1) R-IV down zoning; (2) government format; (3) airport relations; (4) police spending; and (5) taxing. He stated he was interested in public service and stewardship and looked forward to a positive and constructive role in the future. City Administrator Tom Hedges presented a plaque to the Mayor. Councilmember Egan thanked the Mayor and pointed out he would be missed by the other Councilmembers. He stated the meeting ended the decade. Councilmember McCrea emphasized that Mayor Ellison was an excellent leader with great vision and that he would be greatly missed. COUNCIL MEETING/JANUARY 2, 1990/JANUARY 4, 1990 Councilmember McCrea recommended moving the January 2, 1990 regular City Council meeting to January 4, 1990. Ellison moved, McCrea seconded, the motion to change the January 2, 1990 regular City Council meeting to Thursday, January 4, 1990 at 6:30 p.m. All voted in favor. CHECKLISTS Gustafson moved, Egan seconded, the motion to approve the checklist dated November 30, 1989 in the amount of $2,348,374.44 and the checklist dated December 19, 1989 in the amount of $1,151,838.59. All voted in favor. Page 17/EAGAN CITY COUNCIL MINUTES December 19, 1989 ADJOURNMENT The December 19, 1989 City Council meeting was adjourned to the Executive Session to discuss privileged information regarding lawsuits. CITY OF EAGAN Uhl E. . VanOverbeke, City Clerk