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01/17/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL SAGA N, MINNESOTA JANUARY 17, 1989 A regular meeting of the Eagan City Council was held on Tuesday, January 17, 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, Public Works Director Tom Colbert, Community Development Director Dale Runkle and City Attorney James Sheldon. AGENDA Item M (Final Plat, Unisys Park) was continued to the February 7, 1989, Council meeting. Egan moved, Wachter seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES Wachter moved, McCrea seconded, the motion to approve the minutes for the January 3, 1989, regular Council meeting as presented. All voted in favor. PROJECT 545/CLEARVIEW ADDITION/REVIEW METHOD OF SPECIAL ASSESSMENT Public Works Director Tom Colbert reviewed the background regarding the special assessments for the Council. Councilmember Egan asked how the matter was left at the last Council meeting. Mr. Colbert stated it was left at the front foot basis with further review. McCrea moved, Egan seconded, the motion to direct staff to revise the pending assessment roll for Project 545 (Clearview Addition - Streets) on a per lot basis to be spread over 28 lot equivalents. All voted in favor. DIFFLEY ROAD (CEDAR GROVE) FRONTAGE ROAD/PARKING BAN Public Works Director Tom Colbert reported to the Council regarding the concerns expressed by the residents and the snow removal problems. Mayor Ellison questioned if there should be a parking ban 24 hours after a snowfall. Mr. Colbert said it would be difficult to enforce such a ban. Councilmember Egan stated he felt there was a need for flexibility in the snow ban enforcement and felt it would be Page 2/EAGAN CITY COUNCIL MINUTES January 17, 1989 :~`'.r•;_ an economic hardship in the current situation. Mr. Colbert stated staff would notify residents of the 24 hour parking ban. Councilmember McCrea stated she felt it would be a costly solution since residents were not concerned and she recommended leaving the policy as it was. Councilmember Wachter stated he felt the residents had a valid parking concern. Egan commented he did not see any major enforcement problem. Councilmember Gustafson suggested there be a parking ban until the streets were plowed instead of a 24-hour parking ban. Egan moved, Gustaf son seconded, the motion to adopt a policy for no parking after a snowfall on frontage roads until the street is plowed curb to curb. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea voted against. CONSENT AGENDA A. Personnel Items. 1. Recreation Supervisor I. Councilmember McCrea questioned the name of the candidate. City Administrator Tom Hedges recommended continuing the matter to the February 7, 1989, meeting. It was recommended to continue the matter regarding the hiring of a candidate for the Recreation Supervisor I position to the February 7, 1989, Council meeting. 2. Annual TSP Review. Councilmember Egan questioned the adjustment for the administrative assistant. Mr. Hedges stated there was a change of duties with additional responsibilities. Councilmember McCrea questioned if TSP falls within the budget. Mr. Hedges stated it did fall within the budget and further explained the process. It was recommended to approve the TSP point changes as presented. B. Licenses for Plumbers. It was recommended to approve the 22 plumber licenses as presented. C. Water Softening License. It was recommended to approve the water softening license for Culligan Water Conditioning. Page 3/EAGAN CITY COUNCIL MINUTES January 17, 1989 D. Election Judges for February 14, 1989 f Community Center Bond Referendum. It was recommended to approve the list of election judges for the February 14, 1989, Community Center bond referendum as presented. E. Receive Bid/Award Contract (Street Sweeper and Dump Truck with Plow). Public Works Director Tom Colbert updated the Council on the matter and requested direction from the Council. There was Council discussion regarding the matter. It was recommended to receive the bids and award the contract for the purchase of a tandum axle cab and chassis truck to North Star International in the amount of $52,997.72; and 2 Remanufactured Street Sweepers with a trade-in for the existing street sweeper to MacQueen Equipment in the amount of $98,860.00. F. Project 531. Receive Report/Order Public Hearing (Lexington Avenue - Streets and Utilities). It was recommended to receive the feasibility report for Project 531 (Lexington Avenue - Streets and Utilities) and schedule a public hearing to be held on February 21, 1989. G. Project 533. Receive Report/Order Public Hearing (Diffley Road - Streets and Utilities). It was recommended to receive the feasibility report for Project 533 (Diffley Road - Streets and Utilities) and schedule a public hearing to be held on February 21, 1989. H. Approve Specifications/Authorize Advertisement for Bids (Sewer Cleaning Vehicle),. It was recommended to approve the specifications for the high velocity sewer cleaning maintenance vehicle and authorize the advertisement for bid opening to be held at 10:00 a.m. on February 6, 1989. I. Contract 89-02. Approve Plans/Authorize Advertisement for Bids (Clearview Addition). It was recommended to approve the plans and specifications for Contract 89-02 (Clearview Addition - Streets) and authorize the advertisement for bid opening to be held at 11:00 a.m., Thursday, February 16, 1989. Page 4/EAGAN CITY COUNCIL MINUTES January 17, 1989 "r ,•Y~ J. Approve Joint Powers Agreement. Traffic Markings (Eagan. Apple Valley. Burnsville and Rosemount).. It was recommended to approve the Joint Powers Agreement with Apple Valley, Burnsville, and Rosemount for seal coating, traffic markings and street sweeping and authorize the Mayor and City Clerk to execute all related documents. R. Contract 87-39. Final Payment/Acceptance (Fire Station No. Al. It was recommended to approve the final payment for Contract 87-39 (Fire Station No. 4) and accept the improvement for perpetual maintenance subject to appropriate warranty provisions. L. Approval of Eagan/Dakota County Solid Waste Abatement Joint Powers Agreement. It was recommended to approve the Eagan/Dakota County Joint Powers Agreement for the community landfill abatement funding program as presented. M. Approve Final Plat/Unisys Addition. It was recommended to continue the final plat for the Unisys Addition to the February 7, 1989, City Council meeting. N. Approve Agreement for Bratland Special Assessments. It was recommended to approve the special assessments agreement between the Bratlands and the City of Eagan as presented. 0. Contract 88-32. Approve Plan/Authorize Advertisement for Bids (Wellhouse No. 12 and Pumping Facilities). It was recommended to approve the plans and specifications for Contract 88-32 (Wellhouse No. 12 and Pumping Facilities) and authorize the advertisement for bid opening to be held at 10:30 a.m. on Thursday, February 16, 1989. P. IDS Deferred Compensation Plan. It was recommended to (1) approve the amended plan as approved by the IRS and a letter of ruling dated September 9, 1988, and direct the Mayor and City Clerk to execute the appropriate documents; and (2) appoint a deferred compensation committee to include the Mayor, City Clerk and City Attorney. Wachter moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as amended and authorize their implementation. All voted in favor. Page 5/EAGAN CITY COUNCIL MINUTES January 17, 1989 ADVISORY COMMISSION APPOINTMENTS City Administrator Tom Hedges explained the interview and voting procedure and outlined the various committees. Advisory Planning Commission The list of those applying to the Advisory Planning Commission was presented to the Council. Councilmember Wachter suggested having the Advisory Planning Commission meet twice a month. Mayor Ellison suggested the second and fourth Tuesday of each month. Councilmember McCrea stated she felt the City should not encourage excessive development. There was further discussion regarding the Advisory Planning Commission meeting dates. Councilmember Gustaf son suggested scheduling two meetings per month with the option of cancelling one meeting. Mayor Ellison requested the staff to report back to the Council at its February 7, 1989, meeting regarding two meetings a month. The following members were appointed to the Advisory Planning Commission for the five vacancies on the Commission: 1. Three-year terms: Mark S. Miller, Lori Trygg and Ronald R. Voracek; 2. Two-year terms: John Gorman; and 3. One-year alternate terms: Donald Hoeft. Advisory Parks and Recreation Commission The following members were appointed to the Advisory Parks and Recreation Commission for the four vacancies on the Commission: 1. Three-year terms: Theodore Billy, Jack W. Johnson, and George Kubik; and 2. One-year alternate terms: Shawn Hunter. Special Assessment Committee Terry Creegan was appointed as a member to the Special Assessments Commission for a one-year term. Airport Relations Commission The following members were appointed to the Airport Relations Commission: Page 6/EAGAN CITY COUNCIL MINUTES r r January 17, 1989 1. Three-year terms: W. Dustin Mirick and Stephen Rosenthal; and 2. One-year terms: Dennis J. Gagnon; and 3. One-year alternate terms: Douglas H. Dahl and Larry Alderks. Economic Development Commission The following members were appointed to the Economic Development Commission for one-year terms: Roger Hughes, Candace Garry, and Patrick D. Grinde. Joint Burnsville/Eagan Cable Communications Commission The following members were appointed to the Joint Burnsville/Eagan Cable Commission as follows: 1. Two-year terms: Patrick T. O'Malley and Michael A. Guncheon; and 2. One-year alternate terms: Nick Choban. Water Management Organization The following members were appointed to the Water Management Organization as follows: 1. Three-year terms: Scott Merkley; and 2. One-year alternate terms: Luann Alderks. Acting Mayor Councilmember Ted Wachter was appointed as Acting Mayor. LEGAL NEWSPAPER City Clerk Gene VanOverbeke summarized the background on the matter and the price comparisons. McCrea moved, Wachter seconded, the motion to approve retaining This Week Newspapers (Dakota County Tribune) as the City of Eagan's official legal newspaper. All voted in favor. CITY COUNCIL MEETINGS City Administrator Tom Hedges stated there were three conflicts for the City Council meetings for the year. Page 7/EAGAN CITY COUNCIL MINUTES January 17, 1989 Egan moved, Wachter seconded, the 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 alternate dates for the conflicting meeting dates as follows: May 15, 1989; July 5, 1989 and November 9, 1989. All voted in favor. STANDING COMMITTEE APPOINTMENTS Mayor Ellison appointed Councilmembers to serve on the various standing committees as follows: 1. Councilmember Egan and Councilmember McCrea were appointed to the Finance Committee; 2. Councilmember Wachter and Mayor Ellison were appointed to the Public Works Committee; and 3. Councilmember McCrea and Councilmember Gustafson were appointed to the Personnel Committee. 4. Councilmember Egan and Councilmember Gustafson were appointed to the Special Assessment Committee. The Chairpersons for the above committees to remain the same as in calendar year 1988. DEVELOPMENT DISTRICT NO. 2 FOR TRANSPORTATION IMPROVEMENTS IN NORTHEAST EAGAN AND DISTRICT NO. 1/NORTHEAST EAGAN City Administrator Tom Hedges provided background information and the history on the matter to the Council. Dave MacGillivray (Springsted) outlined the specific applications of TIF for the program and explained the development program. He further outlined the project area and explained the TIF plan. Mayor Ellison stated the Council was also dealing with Item B on the agenda regarding consideration of tax increment financing District No. 1. Mr. MacGillivray updated the Council on the project budget and the background of TIF participation. He further informed the Council of the impact if the plan was adopted. Councilmember Egan asked if Cray and Northwest generated $13,000,000.00, what the remainder would generate. Mr. MacGillivray stated he was unsure but it would be significant. Egan questioned the improvements and the process. Mr. VanWormer explained the process to the Council. Mr. Egan questioned if there was security for the Page 8/EAGAN CITY COUNCIL MINUTES January 17, 1989 project. Mr. MacGillivray stated there was an expense agreement only. Mr. Egan asked if the City was satisfied with the increments regarding Cray Development. Mr. MacGillivray stated the time frame was adequate. Egan questioned if there would be 100% utilization. Mr. MacGillivray stated yes. Mayor Ellison questioned what would happen if Northwest was unsuccessful in lobbying. Mr. MacGillivray stated the City can review the matter on an annual basis and pass through to other taxing jurisdictions. Councilmember Wachter asked if MnDOT would come through. Mr. Hedges stated he was unsure but that he would be meeting and lobbying with the respective parties. Mr. VanWormer stated that MnDOT was receptive. Mayor Ellison stated he felt it was an act of good faith on the part of the City. Mr. Egan asked what affect there would be on other traffic upgrades. Mr. VanWormer stated that the impact would occur regardless of this project. Mayor Ellison stated the City had explored all the funding options and that this was the best option available. Councilmember Egan questioned the design refinement status. Mr. VanWormer explained the status. Mayor Ellison questioned the up-front costs for the City. Mr. MacGillivray explained the cost and stated there were no exact numbers. Egan questioned if there were two separate districts. City Attorney James Sheldon stated there would be only one district. John Klein was opposed to the tax increment and felt the City should assess. He stated working people should not subsidize the financial giants. He strongly objected. Mayor Ellison stated the taxpayers were not subsidizing and that if the roads were not built, there would be no increase in value. He stated Eagan would not be holding the bag. Councilmember McCrea referred to Unisys as a TIF success story. Mr. MacGillivray outlined security for the City. Egan questioned the necessity of the improvement. Mr. VanWormer stated the freeways were planned 15 years ago and the development out-paced expectations. Mr. Klein summarized further freeway history. McCrea moved, Gustaf son seconded, the motion to close the public hearing and approve the Development District No. 2 for Transportation Improvements in Northeast Eagan as presented. All voted in favor. R 89-1 McCrea moved, Gustafson seconded, the motion to close the public hearing and approve Tax Increment Financing District No. for Page 9/EAGAN CITY COUNCIL MINUTES January 17, 1989 Northeast Eagan Off-Site Transportation Improvements. Gustaf son, Ellison, Egan and McCrea voted in favor; Wachter voted against. R 89-2 PROJECT 557/XALT_ARD PARK 3RD ADDITION (STREET LIGHTS) Public Works Director Tom Colbert introduced the matter to the Council. Councilmember Wachter questioned if the owners had been notified. Mr. Colbert stated the owners had been notified of the public hearing. Wachter moved, McCrea seconded, the motion to close the public hearing and approve Project 557 (Mallard Park 3rd Addition - Streetlights) and authorize their installation through Dakota Electric Association. All voted in favor. PROJECT 543R/SKYLINE ROAD/SIBLEY HILLS DRIVE (STREETS AND UTILITIES) Public Works Director Tom Colbert updated the Council on the matter and summarized the neighborhood meetings. Peter Willenbring (OSM) discussed the details of the proposed project and the method of assessment. He presented the proposed project schedule and the necessary easements and right-of-way acquisitions. Councilmember Egan asked what the easements would cost. Mr. Willenbring stated the costs were not estimated at the present time. Mayor Ellison asked for a review of the proposal. Public Works Director Tom Colbert reviewed the history and the past proposals. City Attorney James Sheldon reviewed the City assessment procedures with the Council. He stated the final assessment hearing was tentatively scheduled for the fall of 1990. He also recapped the senior citizen's deferment policy. Mike Sullivan, 1478 Ridgeview, read his written statement to the Council. He had concerns regarding the stream and requested a formal environmental study. He stated he had delivered petitions to various agencies and questioned the "two-acre rule". He submitted his petition to the Council. Lorne Burkness (Lot 2, Valley View) showed the location of the stream to the Council. He had concerns regarding its survival. Mr. Willenbring explained the stream's role in the drainage in the area. Carl Glewwe, Lot 5-Post 2nd Addition, objected to the project and further objected to the Sibley Hills Drive Extension. Mary O'Hearn, Lot 6-Post 2nd Addition, read her petition to the Council. She felt Prettyman should pay for the improvement and objected to the closing of the second access to Highway 13. She Page 10/EAGAN CITY COUNCIL MINUTES January 17, 1989 further objected to the Sibley extension and stated they had already paid for improvements. Public Works Director Tom Colbert explained why the Highway 13 access was closed. There was much discussion regarding the frontage road. Marv Post, Lot 4-Post 2nd Addition, questioned the state funding and stated the deferral was not sufficient. Eleanor Brimbee, Lot 1, Post Addition, stated that they had already paid assessments. Phil Heller, 1475 Skyline, was opposed to the Skyline improvement. He felt the City should assess those who benefit from the improvements only. He stated the developer should pay and that the City may have to pay in the end. He outlined the Lone Oak access. Dick McGrew, 2910 Sibley Highway, stated his property received no benefit and that the assessments were inequitable. John Klein, Zender Acres, stated that the Lone Oak access would need to be condemned. He stated there should be large lots and questioned the assessment. He objected to the assessment and stated that interest runs on deferral. Mike Sullivan requested the relocation of the storm runoff. Norm Lynn, 2054 Sibley, suggested realignment of Sibley Hills Drive. Councilmember Egan had questions regarding the street assessment method for Prettyman. Public Works Director Tom Colbert explained the street assessment method. Mr. Egan further questioned the final design for Auge Road. Mr. Willenbring explained the design. Mr. Egan questioned why the closing of the Highway 13 access was necessary. Mr. Willenbring explained the MnDOT rationale and the grade. Mr. Colbert further explained the options. Councilmember Wachter questioned the Sibley realignment. Councilmember Egan stated the issues regarding the parcel were very complex. He stated he understood the neighbors concerns but that the developer was within his rights. He further stated that the property must receive a benefit to be assessed. He felt the project has assessment problems but that the public hearing was a feasibility hearing. He felt the City should be flexible on street widths and other methods to reduce the assessment burden. He stated the City should minimize the project costs. City Attorney James Sheldon recapped the assessment procedure. Mayor Ellison questioned if the City could have narrow streets. Page 11/EAGAN CITY COUNCIL MINUTES January 17, 1989 Public Works Director Tom Colbert stated that on the number of trips per day that 28 feet was about 30 homes. Councilmember Gustafson recommended performing a study regarding the possibility of narrowing the street. He stated it was a difficult piece to develop but there was a need for a roadway connection. He also stated the assessments were difficult and questioned who would pay down the road. Councilmember Egan stated he felt the land was in a unique situation. Mayor Ellison agreed with Mr. Egan and stated there was a long history to the issue. He further stated the City would pay the balance of the cost that could not be charged to benefitted property. Bob Murray requested realignment of the road. Gustafson moved, McCrea seconded, the motion to close the public hearing and approve Project 543R, Skyline Road and Sibley Hills Drive (Streets and Utilities) and authorize the preparation of detailed plans and specifications along with the acquisition of all necessary easements through condemnation, if necessary; with the engineering department to study the narrowing of the road regarding the feasibility of changing it to 28 feet. All voted in favor. ACCESSORY HOUSING ORDINANCE/CLARIFICATION Community Development Director Dale Runkle introduced the item to the Council. City Administrator Tom Hedges recapped the history of the ordinance and stated that enforcement was in the existing ordinance. Councilmember McCrea asked if option 3 as presented would take care of the existing problem. Councilmember Gustafson stated he felt the ordinance should be rescinded. McCrea moved, Egan seconded, the motion to rescind all the language pertaining to accessory apartments in the current ordinance and that ordinance which was adopted at the January 3, 1989, City Council meeting and enforce the availability of accessory housing through the existing zoning ordinance. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. CONTRACT 88-24/RECEIVE BIDS/AWARD CONTRACT (LEXINGTON AVENUE - RESERVOIR) The Council was informed the contractor would extend the guarantee for his low bid for 2 months. City Attorney James Sheldon updated the Council regarding the HUD property and advised waiting at this time. Egan moved, Gustafson seconded, the motion to continue Contract 88-24 (Lexington Avenue - Reservoir) to the March 7, 1989, City Council meeting. All voted in favor. Page 12/EAGAN CITY COUNCIL MINUTES January 17, 1989 COUNTRY HOLLOW 2ND ADDITION/FINAL PLAT EXTENSION Wachter moved, Gustafson seconded, the motion to approve the extension of the final plat for Country Hollow 2nd Addition to March 1, 1989. All voted in favor. DAVID PERRIER/CEDAR-CLIFF LIQUORS/CLIFF-LAKE LIQUORS/RELOCATE-RENAME City Administrator Tom Hedges introduced the matter to the Council and stated the relocation and renaming would not create new licenses. Wachter moved, McCrea seconded, the motion to approve the off-sale liquor license submitted by David Perrier of Perrier and Associates, Inc., for the Cliff-Lake Galeria Shopping Center under the name Cliff-Lake Liquors. All voted in favor. Mark Kampmeyer appeared on behalf of Martin Colon. He stated the center would reapply for the license and presented a letter to the Council for record. 1989 ASSESSMENT RATES APPROVAL City Administrator Tom Hedges updated the Council on the matter. Councilmember Egan questioned the justification for the rates. He stated it seemed arbitrary. Mr. Hedges recommended the scale and stated it was uniform practice. Wachter moved, Egan seconded, the motion to approve the 1989 assessment rates as presented. All voted in favor. SENECA PLANT/MWCC Jean Matross informed the Council an agreement had been reached on Seneca's terms. She stated the Metropolitan Council had considered the agreement and stated that construction must begin by the end of January. She requested the City enter into the agreement at the present time. City Administrator Tom Hedges discussed the recent developments and the Council's options. Ms. Matross explained the Metropolitan Council and PCA review. Councilmember McCrea stated she felt it was unfair to address the matter at the present time. Ms. Matross stated the Met Council and the PCA had given the greatest approval action they ever would and that procedurally the Met Council could not consider the matter until the actual proposal was before them. Page 13/EAGAN CITY COUNCIL MINUTES January 17, 1989 Councilmember Gustafson stated that if Met Council or the PGA did not modify the agreement, he would not object to the dropping of the condition, but notice should be given. Ms. Matross asked what provisions the Council requested. McCrea stated there should be no change. Gustafson outlined the MWCC options. Mayor Ellison stated there would be a need for a formal hearing to change the conditions. ADMINISTRATIVE UPDATE City Administrator Tom Hedges updated the Council regarding the History Commission meeting. He further updated the Council regarding the City Council retreat. Egan moved, McCrea seconded, the motion to schedule the City Council retreat for February 10 and 11, 1989. All voted in favor. City Administrator Tom Hedges informed the Council the clerical contract had been ratified. Egan moved, Gustafson seconded, the motion to ratify the contract for the clerical staff. All voted in favor. Mr. Hedges further updated the Council regarding the legislative conference, the breakfast meeting - Mayor volunteers, and the massage ordinance. Councilmember Egan informed the Council that the City of Mendota Heights is dedicating its new city hall on Sunday, January 15, 1989. He further stated he felt there was a necessity for legal review regarding assessment policy 86-1. He also updated the Council regarding the noise conference. Councilmember McCrea updated the Council regarding the support of Deborah Tompkins. BILLS Wachter moved, Gustafson seconded, the motion to approve the checklist dated December 31, 1988, in the amount of $783,997.70; the checklist dated January 16, 1989, in the amount of $357,052.46; and the checklist dated January 17, 1989, in the amount of $221,164.44. All voted in favor. Page 14/EAGAN CITY COUNCIL MINUTES January 17, 1989 ADJOURNMENT Upon motion duly made by Wachter, seconded by McCrea, the meeting was adjourned at 11:45 p.m. All voted in favor. CITY OF EAGAN, By: . J. VanOverbeke It City Clerk