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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. r7i Page 2/EAGAN CITY COUNCIL MINUTES 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. Page 4/EAGAN CITY COUNCIL MINUTES 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. Page 5/EAGAN CITY COUNCIL MINUTES 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. Page 7/EAGAN CITY COUNCIL MINUTES 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. Page 9/EAGAN CITY COUNCIL MINUTES 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. Page 10/EAGAN CITY COUNCIL MINUTES 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.