01/03/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 3, 1989
A regular meeting of the Eagan City Council was held on Tuesday,
January 3, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and
McCrea. Also present were City Administrator Tom Hedges, City
Engineer Tom Colbert, Community Development Director Dale Runkle and
City Attorney James Sheldon.
AGENDA
Wachter moved, McCrea seconded, the motion to approve the agenda
as presented. All voted in favor.
MINUTES
December 20. 1988. Councilmember Egan requested the following
corrections to the minutes:
Page 6, paragraph 8, the last sentence should read: "The Council
voted on the matter by casting paper ballots. Deborah Tompkins was
the clear winner."
Page 10, paragraph 2, the correction from "Pat Laughlin" to "Pat
Hoffman".
Mayor Ellison requested that Tom Colbert be referred to as the
Public Works Director in the minutes and not as the City Engineer.
City Administrator Tom Hedges requested a change from 7:00 to
6:00 on January 10, 1989, regarding the scheduled interviews for
Commission appointments.
Wachter moved, McCrea seconded, the motion to approve the
minutes for the December 20, 1988, regular Council meeting as
amended. All voted in favor.
FIRE DEPARTMENT/REQUEST TO DECLARE SALVAGE PROPERTY
Gustafson moved, Egan seconded, the motion t3 declare Unit 15
and the engine from Unit 8 as surplus property and direct that both
the vehicle and engine be disposed of at a local salvage yard. All
voted in favor.
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January 3, 1989
PUBLIC WORKS DEPARTMENT
STOP SIGN REQUEST/DANBURY TRAIL AND KETTLE CREEK ROAD
Public Works Director Tom Colbert introduced the matter to the
Council. There was no public comment.
Councilmember Wachter stated he was not in favor of a four-way
stop at the intersection as it was too close to Savannah Road.
Councilmember Egan stated he felt it went against City policy.
Egan moved, Wachter seconded, the motion to receive the petition
and deny the installation of four-way stop signs on Kettle Creek Road
at Danbury Trail. All voted in favor.
McCrea moved, Egan seconded, the motion to approve the
installation of two-way stop signs on Kettle Creek Road. All voted in
favor.
PUBLIC WORKS DEPARTMENT
RENEW MWCC JOINT USE RENTAL AGREEMENT FOR 1989
Public Works Director Tom Colbert updated the Council on the
matter.
McCrea moved, Gustafson seconded, the motion to approve a
one-year extension to the Metropolitan Waste Control Commission Joint
Use Rental Agreement No. 351 for the year 1989, which allows for the
leasing of approximately 600 feet of sewer line near the City's old
treatment plant facility and authorize the Mayor and City Clerk to
execute said agreement. All voted in favor.
CONSENT AGENDA
A. Personnel Items.
1. Police Officer. It was recommended to approve the appointment
of Scott Heath as a police officer, effective January 23, 1989.
2. Community Service Officer. It was recommended to approve the
hiring of David Stubstad as a Community Service officer effective
January 9, 1989 and Mark Ryan as a Community Service officer
effective January 23, 1989.
B. Licenses for Plumbers.
It was recommended to approve the 33 plumbers licenses as
presented.
Page 3/EAGAN CITY COUNCIL MINUTES . y
January 3, 1989
C. Generator for Municipal Center. Authorization to Prepare
Plans and Specifications.
Councilmember Gustafson asked what date had been set for the bid
opening. City Administrator Tom Hedges stated the date would be
entered in the minutes when it was known.
It was recommended to approve the final specifications and set
the bid opening for January , 1989, for the purpose of acquiring
and installing an 150 KW Diesel generator to be used at the Eagan
Municipal Center Building.
D. Contract 87-34. Final Payment/Acceptance (Sperry
Reservoir-Repainting) .
It was recommended to approve the third and final payment of
Contract 87-34 (Sperry Reservoir-Repainting) to Rainbow Incorporated
and authorize acceptance for perpetual maintenance.
E. Contract 88-01, Approve Change Order No. 4 (Fire Station No.
al.
It was recommended to approve Change Order No. 4 to Contract
88-01 (Fire Station No. 5) in the additional amount of $1,062.00, and
authorize the Mayor and City Clerk to execute all related documents.
F. Contract 87-371 Final Payment/Acceptance (Park Cliff 2nd
Addition - Storm Sewer)..
It was recommended to approve the second and final payment for
Contract 87-37 (Park Cliff 2nd Addition - Storm Sewer) to Albrecht
Incorporated and accept the improvement for perpetual maintenance.
G. Contract 87-1. Final Payment/Acceptance (Park Improvements).
It was recommended to approve final payment to Central Landscape
Inc., for improvement Contract 87-1 in the amount of $6,305.55 and to
accept for perpetual maintenance the improvements to the seven (7)
parks as presented.
H. Contract 88-16/Approve Change Order No. 2 (Lexington Square -
Storm Sewer).
It was recommended to approve Change Order No. 2 to Contract
88-16 (Lexington Square - Storm Sewer) in the additional amount of
$5,924.00, and authorize the Mayor and City Clerk to execute all
related documents.
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January 3, 1989
I. Contract 88-29/Approve Change Order No. 1 (Well No. 13).
It was recommended to approve Change Order No. 1 to Contract
88-29 (Well No. 13) to change the contractual completion date from
February 15, 1989, to March 8, 1989, and authorize the Mayor and City
Clerk to execute all related documents.
J. Contract 84-V, Final Acceptance (Crossroads of Eagan -
Streets and Utilities).
It was recommended to approve Contract 84-V (Crossroads of Eagan
- Streets and Utilities) for perpetual City maintenance.
K. Contract 85-AA. Final Acceptance (Blackhawk Glen 1st Addition
- Streets and Utilities).
It was recommended to approve Contract 85-AA (Blackhawk Glen 1st
Addition - Streets and Utilities) for perpetual City maintenance.
L. Contract 87-14. Final Payment/Acceptance (Country Hollow -
Sanitary Lift Station).
It was recommended to approve the second and final payment for
Contract 87-14 (Country Hollow - Sanitary Lift Station) to Smith and
Loveless Incorporated and authorize acceptance for perpetual
maintenance.
M. Contract 88-33. Receive Bids/Award Contract (Well No. 13 -
Pumphouse and Facilities.
It was recommended to receive the bids for Contract 88-33 (Well
No. 13 - Pumphouse and Facilities) and award the contract to the
lowest bidder (Phillips-Klein Company) in the amount of $145,818.00.
Wachter moved, Egan seconded, the motion to approve the
foregoing consent agenda items and authorize their implementation.
All voted in favor.
CITY ADMINISTRATOR UPDATE
City Administrator Tom Hedges distributed to the Council the
January, 1989, meeting schedule and also a list of the potential APC
members.
City Administrator Tom Hedges informed the Council there was a
conflict regarding the date for the Water Quality Management Joint
Meeting.
Egan moved, Wachter seconded, the motion to schedule a meeting
for February 16, 1989, at 7:00 p.m. regarding the Water Quality
Management Joint Meeting. All voted in favor.
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January 3, 1989
AUTHORIZATION TO PURCHASE CITY VEHICLES
A new list regarding the vehicle authorizations was distributed
to the Council (see Exhibit "A" attached). Councilmember Egan
questioned when the purchase would take place. Public Works Director
Tom Colbert stated it would take place by January 15, 1989.
Egan moved, Gustafson seconded, the motion to approve the
purchase of eleven (11) vehicles per Hennepin County Contract No.
9544, realizing that all the equipment was budgeted for in 1989. All
voted in favor.
BLUE RIDGE ADDITION/VACATE COMMON LOT LINE DRAINAGE AND UTILITY
EASEMENT
Public Works Director Tom Colbert updated the Council on the
matter and described the location.
McCrea moved, Gustafson seconded, the motion to close the public
hearing and approve the vacation of the common lot line drainage and
utility easements as presented, within the Blue Ridge Addition and
authorize the Mayor and City Clerk to execute all related documents.
All voted in favor.
MWCC AGREEMENT/SENECA PLANT EXPANSION
City Administrator Tom Hedges provided the background
information to the Council.
Becky Comstock outlined the changes to the agreement as
described in her letter to Dale Runkle dated December 27, 1988. She
stated that Seneca would accept the language in paragraph 3.3 (c) of
the agreement with the following modification: "to the extent of its
authority under law or regulation". Ms. Comstock recommended adoption
of the agreement with the condition that the Metropolitan Council and
the PCA approve the agreement. Mayor Ellison questioned when the MWCC
would next meet. Ms. Comstock stated they would meet January 10,
1989.
Councilmember Gustafson requested further clarification on
paragraph 3.3 (c) of the agreement. Ms. Comstock clarified the
language.
Councilmember Wachter stated he felt nothing in the agreement
protected the neighbors and he was disappointed. Councilmember McCrea
disagreed and Ms. Comstock outlined the protective provisions of the
agreement. Mr. Wachter stated he still had concerns and felt there
should be some type of financial compensation. Mayor Ellison stated
he understood the skepticism but felt the document would provide
relief. He felt the agreement would make a difference.
Page 6/EAGAN CITY COUNCIL MINUTES
January 3, 1989
Betty Bassett, 2101 Wuthering Heights, stated she felt the MW CC
was not using state of the art equipment. She felt the MWCC was
reneging on past promises and requested an environmental study be
performed on the ground water. She thanked the Council for listening
to the residents and requested the Council continue its vigilance.
John Wesley, 1747 Bluebill, questioned the legality of the
consideration of the agreement. He further questioned the cost and
stated he felt the agreement was unenforceable. He reviewed previous
questions regarding the PCA enforcement. Community Development
Director Dale Runkle stated staff would notify the neighbors of the
upcoming PGA meetings. Mr. Wesley had questions and concerns
regarding the zoning. City Attorney Jim Sheldon again recapped the
zoning issue.
Councilmember McCrea questioned the number of government bodies
the Council was dealing with. Ms. Comstock stated it was dealing with
any unit of the government that would issue a permit to the MWCC.
McCrea asked what was an administrative review. Ms. Comstock stated
it was a formal review process. McCrea questioned where the
financially feasible language was located in the agreement. Ms.
Comstock stated it was item (d) on page four of the proposed
agreement. McCrea complimented the neighborhood for their actions
regarding the matter.
Councilmember Egan stated the agreement was not perfect but that
there was much work to get the consensus on solving the odor problem.
He stated it eliminates much subjectivity and the best possible
effort had been made. He felt the zoning was a concern and requested
clarification. City Attorney Jim Sheldon stated the use of the
facility was not changing and that the Council would have problems
changing the past zoning interpretation at the present time.
Councilmember Wachter recapped the history of the zoning.
McCrea moved, Gustaf son seconded, the motion to approve the
development agreement with the MWCC that specifies certain
conditions, as reviewed by the Council, for the Seneca Waste Water
Treatment Plant expansion, subject to ratification by the MPCA and
Met Council. Egan, Ellison, McCrea and Gustafson voted in favor;
Wachter voted against.
ACCESSORY HOUSING/ORDINANCE AMENDMENT
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle discussed the
ordinance and proposed changes.
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January 3 , 1989
John Yetzer, 1726 Sartell Avenue, read a statement to the
Council and stated he was opposed to the concept and would take legal
action against the City if the appropriate action was not taken by
the City.
Council member McCrea questioned if the City had acted in good
faith. Mr. Runkle stated yes.
Councilmember Egan stated the purpose of the accessory housing
was to establish controls. He stated the amendment was trying to put
teeth into the ordinance. Mayor Ellison questioned if the new
ordinance would allow the Yetzer's neighborhood to eliminate the use.
Mr. Sheldon stated this was the best action the City could take.
Councilmember Gustafson questioned if the Council agreed to do
something or not to do something. City Administrator Tom Hedges
stated the Council had denied only on the neighbors' objection. He
stated the City had done everything in its power to enforce the
matter and that the neighbor would have to go through conditional use
permits. Mr. Yetzer expressed further concerns. Councilmember Wachter
questioned if the owner was notified of the Council decision. Mr.
Runkle stated yes. Mr. Gustafson questioned if the Council had the
authority. Mayor Ellison stated the first ordinance was
unenforceable. There was much discussion regarding zoning.
City Administrator Tom Hedges stated that if the original
language for the accessory housing was not added, the zoning could be
enforced.
Terry Davis, Safari Pass, felt conditional use seemed
inappropriate. He felt the City should not get involved in
neighborhood disputes.
Chitash Netah, 1721 Deerwood, supported John Yetzer's position
and stated the house in question was a disgrace and requested action
on the matter.
Dean Jock, 1721 Deerwood, stated the house was an eye-sore and
that there were many people living in the house.
Mary Ellen Jaworski, 1733 Deerwood, supported the new ordinance
and requested enforcement of the ordinance.
Mayor Ellison questioned if there was anything the Council could
do regarding the matter. Mr. Sheldon explained the definition of
family. Mr. Egan questioned if violation would be a misdemeanor. Mr.
Sheldon stated it would be a misdemeanor.
McCrea moved, Egan seconded, the motion to approve without
modification the proposed ordinance amendment for accessory housing.
All voted in favor.
Page 8/EAGAN CITY COUNCIL MINUTES °N? +
January 3 , 1989
Councilmember McCrea questioned if there would be follow-ups
regarding the matter. Mr. Runkle stated there would follow-ups on the
matter. Mayor Ellison stated Yetzer should be followed-up as well.
-ELECTRICAL PERMIT/ORDINANCE AMENDMENT
City Administrator Tom Hedges introduced the ordinance amendment
to the Council.
Wachter moved, Egan seconded, the motion to approve the
amendment of the electrical code as presented. All voted in favor.
ACCESSORY HOUSING PERMIT/LARRY LEVENSON
The matter was introduced to the Council. Councilmember Wachter
questioned if the surrounding neighbors were notified. Community
Development Director Dale Runkle informed the Council that the
neighbors had been notified. Councilmember Egan questioned the
purpose of the permit. Mr. Runkle explained the purpose of the
permit.
Councilmember McCrea stated that she felt it was an appropriate
use if it were used for the applicant's father. She questioned the
use in the future. Mr. Runkle stated the City could not limit
accessory housing to blood relatives. McCrea stated she felt the
matter should be continued. Councilmember Gustafson stated he felt
the problem seems to be one of upkeep and not the accessory housing.
City Attorney Jim Sheldon stated that a conditional use is
permitted as long as all of the conditions are met.
McCrea moved, Egan seconded, the motion to continue the matter
regarding accessory housing permit/Larry Levenson for 30 days, to be
heard by the Advisory Planning Commission at their January 24, 1989,
meeting and to be heard again by the Council at the February 7, 1989,
meeting. Wachter, Ellison, McCrea and Egan voted in favor; Gustafson
voted against.
NEW CONSULTING PLANNING RATES
The matter was reviewed by the Council. Councilmember McCrea
questioned if the City would want more than one firm. Community
Development Director Dale Runkle stated the City had that ability.
Councilmember Wachter questioned if the planner had demanded a raise.
Mr. Runkle stated yes. Councilmember Wachter stated he felt $50.00 an
hour was sufficient.
McCrea moved, Egan seconded, the motion to approve the 1989
schedule of rates as presented for the City's planning consultant,
Urban Planning and Design. Gustafson, Ellison, Egan and McCrea voted
in favor; Wachter voted against.
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January 3, 1989
BRITTANY 9TH ASSESSMENT AGREEMENT
City Administrator Tom Hedges updated the Council on the matter.
Mayor Ellison questioned why Minnesota Title would assume the
liability. Mr. Hedges stated he was unsure but he thought they may
have had some early involvment in the matter.
Egan moved, Gustafson seconded, the motion to approve the
waiving of interest for special assessments to seven (7) properties
in Brittany 9th Addition with the understanding that a lump sum
payment for the total outstanding principal balance would be made by
Minnesota Title. All voted in favor.
COUNSEL UPDATE
Public Works Director Tom Colbert informed the Council that Well
No. 13 required new working hours.
The Council discussed the community center referendum.
Councilmember McCrea stated it should show solid community support.
There was discussion regarding the term of the bonds to use to
finance the center.
Mayor Ellison informed the Council he had three items to discuss
for January:
(1) The annual report;
(2) The state of the City on January 19, 1989;
(3) Constituent listening hour from 10:00 to 12:00 on the third
Saturday.
BILLS
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated January 2, 1989, in the amount of $608,558.45 and the
checklist dated January 3, 1989, in the amount of $208,519.07. All
voted in favor.
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January 3, 1989
ADJOURNMENT
Upon motion duly made by McCrea, seconded by Gustafson, the
meeting was adjourned at 9:00 p.m. All voted in favor.
CITY OF EAGAN,
(;~A \)o/no
- - 46LL
By: J. VanOverbeke
Its: City Clerk
EXHIBIT A
AUTHORIZATION TO PURCHASE CITY VEHICLES
There were 10 vehicles for various departments authorized for
purchase in the 1989 Budget. In order to qualify in the
Hennepin County Joint Purchasing Program, orders must be placed
by January 15, 1989.
Action to be considered on this item: To approve the purchase of
10 light trucks per Hennepin County contract #9544 realizing that
all equipment was budgeted for 1989.
LIGHT TRUCKS
Approximate
Cost With
Unit # Department Description Accessories Vendor
148 Street 1/2 ton 2x4 PU $10,511.00 Thane Hawkins Chev.
149 Street 1/2 ton 4x4 PU $11,987.00 Thane Hawkins Chev.
121 Street 1 ton 4x4 $13,672.00 Thane Hawkins Chev.
127 Street 1 ton 4x4 $13,672.00 Thane Hawkins Chev.
216 Sewer 1/2 ton 2x4 PU $10,511.00 Thane Hawkins Chev.
217 Water 1/2 ton 2x4 PU $10,511.00 Thane Hawkins Chev.
508 Comm. Dev. 1/2 ton 2x4 PU $10,533.00 Thane Hawkins Chev.
509 Comm. Dev. 1/2 ton 2x4 PU $10,533.00 Thane Hawkins Chev.
111 Engineering 3/4 ton Cargo Van $12,214.00 *Valley G.M.C.
317 Parks 3/4 ton PU $11,460.00 Thane Hawkins
*North Star Dodge was low bid but could not provide a yellow paint color.