Loading...
01/20/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 20, 1987 A regular meeting of the Eagan City Council was held on Tuesday, January 20, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Consulting Engineer Bob Rosene, and City Attorney Paul Hauge. AGENDA After the pledge of allegiance, Wachter moved, Egan seconded the motion to approve the agenda as presented. All voted yes. MINUTES January 6, 1987 - Regular Meeting. Smith moved, Ellison seconded the motion to approve the minutes as distributed. All voted aye. NATIONAL JAYCEES WEEK Mayor Blomquist proclaimed the week of January 18, 1987 as National Jaycees Week in the City. A representative of the Eagan Jaycees was present. BURNSVILLE/EAGAN JOINT CABLE COMMISSION 1. 1987 Budget. City Administrator Tom Hedges introduced Ralph Campbell, the Joint Cable Commission Administrator, who presented to the City Council the proposed budget of the Joint Commission for 1987. Rick Bertz, the Chair of the Commission, reviewed the proposal and discussed important aspects, including liability insurance, the increase in the contingency fund and noted that over all, there was a 2.3% increase in the budget, apart from contingencies. After discussion and questions, Smith moved, Egan seconded the motion to approve the budget as presented. All voted yes. 1 Council Minutes January 20, 1987 2. Realignment of Channels. Mr. Bertz reviewed with the City Council the procedure that had been followed by T. V. North Central, Inc., the current Burnsville/Eagan franchisee, indicating that a realignment had taken place by North Central covering several channels, including public access to local government channels 38 and 39. The Executive Joint Committee has met and formulated a number of agreement principals which they are requesting Cable T. V. North Central, Inc. agree with regarding the Commission's action for notice of non-compliance. Attorney Tom Creighton on behalf of the Joint Commission, indicated that the realignment is subject to control by the Joint Commission, although the franchisee disagrees. Areas of agreement were discussed and although councilmembers took no action, they requested that close contact be maintained with the Burnsville City Council relating to the negotiations. CONSENT AGENDA The following consent agenda items were submitted to the City Council for its review and recommendation and it was recommended by the staff that they be approved: 1. Personnel Items. a. Part-time Police Dispatcher. It was recommended that the resignation of Theresa Rainwater be accepted effective January 26, 1987 and authorize the advertisement for replacement of a part-time police dispatcher. b. Receptionist - Clerk Typist. It was recommended that Mary Ann Camponoli be approved as the receptionist/clerk typist contingent upon successful completion of the physical examination to be effective January 22, 1987. 2. License Applications. A schedule of plumber licenses dated January 20, 1987 attached to the packet, was recommended to be approved. 3. Park Vehicle Purchase. Park and Recreation and Building Inspection Department were seeking approval to acquire vehicles through the Hennepin County Purchasing Contract. It was recommended that the low bid from Thane Hawkins Polar Chevrolet and Viking Chevrolet in the aggregate amount of $43,956.00 be approved for the purchase of the vehicles. 4. St. John Neumann Church - Consumption License. It was recommended that the application of St. John Neumann Church for consumption and display license for February 28, 1987 on the church premises be approved. 5. Eagan Tap, Inc. - 3.2 Beer License. The staff recommended approval of the application of Christopher Diebold for a 3.2 beer license for the former A & W location for the Eagan Tap, Inc. at 3998 Sibley Memorial Highway. 2 Council Minutes January 20, 1987 P 01 6. Greensboro 2nd Addition - Project #493. It was recommended that the petition for feasibility report for street and utility improvements for Greensboro 2nd Addition be received and that the council authorize the preparation of a feasibility report for the project. 7. Braun Court - Project #487. The feasibility report for Project #487 consisting of street improvements for Braun Court has been completed and the staff recommended the Councilmembers receive the report and schedule a public hearing for February 17, 1987 at 7:00 p.m. at the Eagan Municipal Center. 8. Board of Review and Equalization - June 9, 1987. It was recommended that the meeting date for the Board of Review and Equalization be scheduled for June 9, 1987 at the Eagan Municipal Center. Upon motion by Ellison, seconded Egan, it was resolved that all of the foregoing consent agenda items as presented, be approved and ordered to be implemented. All members voted affirmatively. 1987 ORGANIZATIONAL BUSINESS City Administrator Tom Hedges, at the direction of the Mayor, described for the City Council members, each of the items of organizational business for 1987 for consideration by the City Council. 1. Acting Mayor. The councilmembers discussed the method of appointment of the Acting Mayor and after discussion, Mayor Blomquist appointed Councilman James Smith for the position for 1987. 2. Legal Consultant. The proposal submitted by Hauge, Eide & Keller, P.A. to provide civil and prosecution legal services for the City during 1987, was presented. Egan moved, Wachter seconded the motion to approve the proposal as presented. Councilman Ellison discussed his recommendation to prepare a request for proposals for all City consultants. He suggested a motion to amend the current motion to continue each of the consultant services until RFP's are prepared. Councilman Smith and Councilman Egan indicated in their opinion, periodic requests for proposals may be' appropriate for consultant purposes, but only if a particular consultant's services are not satisfactory. All voted in favor of the main motion. Wachter moved, Blomquist seconded the motion to direct the administrator to prepare requests for proposal for each of the consultants for 1988 and that the RFP's be submitted to the City Council for review, including proposed time tables. Those in favor were Wachter, Blomquist and Ellison. Against were Egan and Smith. 3. Fiscal Consultant. After describing the role of the fiscal consultant, Smith moved, Egan seconded the motion to approve the appointment of Miller & Schroeder Municipals, Inc. as fiscal consultant for 1987. All members voted yes. 3 Council Minutes January 20, 1987 4. Engineering Consultant. Wachter moved, Egan seconded the motion to approve the appointment of Bonestroo, Rosene, Anderlik and Assoc. as the consulting engineering firm representing the City, with the 1987 fee schedule proposed. All voted in favor. 5. Planning Consultant. Mr. Hedges indicated that Urban Planning and Design has stated that it would follow the 1986 fee schedule through March of 1987. Ellison moved, Smith seconded the motion to approve the firm of Urban Planning and Design as the planning consultants for the City for 1987, with 1986 rates applicable through March of 1987. All voted yea. 6. Legal Newspaper. Requests were submitted by the Dakota County Tribune and Eagan Chronicle to be considered as the legal newspaper for the City for the coming year. After discussion, Smith moved, Egan seconded the motion to appoint the Dakota County Tribune as the official legal newspaper for 1987, with the understanding, however, that all legal notices will be published in the This Week newspaper on a regular basis. All voted yes. 7. City Depositories. The City Administrator indicated that the City Council could authorize the finance director to determine appropriate depositories for City funds, or the City Council could designate the locations. Ellison moved, Smith seconded the motion to authorize the Director of Finance, City Clerk/Treasurer to exercise the powers of the governing body designating depositories for City funds. All voted yes. 8. Posting Place. It was noted that there is no specific requirement for an official posting place for the City and Councilman Smith recommended that the official posting place be terminated because of potential complaints or problems. Smith moved, Egan seconded the motion to terminate the use of an official posting place for the City, noting lack of necessity. All members voted affirmatively. 9. City Council Meetings. Tom Hedges noted that if the City Council selects the first and third Tuesdays of each month as the official regular City Council meeting time, that the November 3, 1987 City Election date would create a conflict. Mayor Blomquist suggested that the year of City elections be changed to the year for national and state elections because of the excessive administrative time and cost involved in having a separate election. Smith moved, Egan seconded the motion to direct the staff to review the method for changing the election year and all voted yes. Egan then moved, Wachter seconded the motion to designate the first and third Tuesdays of each month at 6:30 p.m. as the official regular Eagan City Council meeting time and date. All members voted yea. 4 Council Minutes January 20, 1987;` ADVISORY COMMISSION AND COMMITTEE APPOINTMENTS 1. Advisory Planning Commission. Mr. Hedges noted that there are two seats open on the Advisory Planning Commission, each for a three year term, in addition to an alternate position for a one year term. Charles Hall has reapplied for the appointment and Garrett Mulrooney and David Bohne have decided not to apply for reappointment. Mr. Hedges described the method of balloting by secret ballot with each councilmember initialing his or her ballot for each position. He suggesting voting on the two open positions and then vote separately on the alternate. Each must receive a majority vote by the City Council. Those elected for three year terms were Charles Hall and David Gustafson, the alternate was Joseph Krisnik. Councilman Smith requested that Mr. Krisnik be instructed that he not consider or vote on the 35E-Diffley Center application because he has expressed opposition to the application. The councilmembers also requested that new members abstain from voting on the Comprehensive Guide because they had not been involved in the Comprehensive Guide review process. Councilman Smith moved that Joseph Krisnik not be seated or take part in the discussion or vote on the 35E-Diffley application. There was no second and the motion died. 2. Advisory Parks and Recreation Commission. There were three openings, each for three year terms with Roger Martin and Sandra Masin seeking reappointment and Tom Ketcham who did not apply for reappointment. Roger Martin, Sandra Masin and Wayne Sames were elected, each for three year terms. 3. Cable Television Commission. There were three openings, each for three year terms, on the Cable Television Commission, representing the City of Eagan. Bob Cooper, Lloyd Krob and Richard Gramling, the 1986 alternate reapplied for appointment. Those elected for two year terms were Robert Cooper and Lloyd Krob. Brian Nelson was nominated by Councilman Ellison to the alternate position and was elected as the alternate for a one-year term. 4. Assessment Committee. It was noted that Dale Vogt is moving out of the City and did not seek reappointment. Upon motion by Blomquist, seconded Egan, it was resolved that Victor Twaddell be elected to fill the vacancy left by Dale Vogt's absence. All members voted in favor. 5. Airport Noise Committee. Otto Leitner, Dustin Mirick and Gary Campbell were each elected for two year terms. Joseph Harrison was elected as an alternate on the Committee. Smith moved, Blomquist seconded the motion to appoint Dustin Mirick as the City's MASAC representative and Tom Baker and John Gustin as MASAC alternates. All voted yes. 6. Economic Development Commission. Two vacancies have been created by the resignation of Richard Stevenson and Robert Shields to the Eagan Economic Development Commission. Two persons who have applied for membership are Tom Ellingson, the assistant manager of Coldwell Banker as a real estate representative, and Michele Doroshow, a public relations person for Town Centre Shopping Center. There was discussion about the possible conflict of interest by Ms. Doroshow. The result was that Tom Ellingson and Michele Doroshow were appointed to the Commission. 5 Council Minutes January 20, 1987 7. Gun Club Lake Watershed Management Organization. After review of the Committee members, it was noted that no action was required for replacement or reappointment. 8. Solid Waste Abatement Commission. There was discussion concerning the appointment of an alternate to the Solid Waste Abatement Commission, and Smith moved, Wachter seconded the motion to appoint Terry Schnell as the alternate. All voted yea. COMMITTEE APPOINTMENTS - CITY COUNCIL 1. Personnel Committee. Mayor Blomquist appointed Councilman Egan as chair and Councilman Wachter as member. 2. Finance Committee. Councilman Smith was appointed Chair and Councilman Egan as a member of the Finance Committee. 3. Public Works Committee. Councilman Wachter was appointed chair and Councilman Ellison as a member. Mayor Blomquist thanked the City Council members for their contributions to the City during the past year and in addition, all commission and committee members for their involvement. ORGANIZATIONAL DIRECTIVE City Administrator Tom Hedges submitted a proposed set of organizational directives dated January 21, 1987 for Advisory Committees and Commissions. Egan moved, Wachter seconded the motion to approve the organizational directive, including the following issues: 1. Persons abstaining at committee and commission meetings shall state the reasons for their abstention. 2. The committees shall not allocate funds without council approval. 3. Notices of meetings of all committees and commissions shall be directed through the City Administrator's office. 4. Any special meeting by a member of a committee or commission with the staff shall be announced to the entire committee or commission. All councilmembers voted in favor. 6 Council Minutes January 20, 1987 ABF FREIGHT SYSTEMS - CONDITIONAL USE PERMIT The application of ABF Freight System for conditional use permit for pylon sign for a trucking company on Lots 3 through 6, Plainview Addition came to the Council. Mr. Hedges indicated the applicant has requested that the application for permit be withdrawn. Egan moved, Wachter seconded the motion to approve the request for withdrawal. All voted in favor. ACCESSORY APARTMENTS/HOUSING - CHAPTER 11 AMENDMENT A draft ordinance amendment to Chapter 11 relating to accessory apartments/housing prepared by the City Administrator and City Attorney was brought to the City Council for its consideration. Councilman Smith recommended a change on page 2 of the draft to provide that in no case shall more than 40% of the buildings consist of the accessory apartment. Wachter moved, Egan seconded the motion to approve the amended accessory apartments/housing ordinance and direct that it be submitted to the Advisory Planning Commission for public hearing. All voted in favor. BOULDER RIDGE ADDITION - PRELIMINARY PLAT The application of New American Homes for preliminary plat approval of Boulder Ridge Addition, consisting of 79 town house units came next to the Council. A representative of the applicant was present and requested that no action be taken on the matter and that a new design will be submitted to the Advisory Planning Commission. Egan moved, Wachter seconded the motion to accept the request of the applicant to withdraw its application and directed that the new design be submitted to the Advisory Planning Commission for public hearing. All members voted yes. SEE PLAT FILE LEXINGTON AVENUE - ENVIRONMENTAL ASSESSMENT WORKSHEET City Public Works Director Tom Colbert was present and indicated that the Dakota County Highway Department had prepared an Environmental Assessment Worksheet for the proposed upgrading of County Road #43 (Lexington Avenue) from County Road #28 (Yankee Doodle Road) to Lexington Way on the south end. A copy of the EAW was distributed to each of the councilmembers at the January 6, 1987 meeting and certain specific recommendations were outlined by Mr. Colbert. In addition, Mayor Blomquist noted her concern about the erodable soil conditions in the Lexington Avenue area near Diffley. There was discussion concerning the trailway on the east side of Lexington Avenue. Egan moved, Ellison seconded the motion to approve the environmental assessment worksheet as presented with the five comments presented by the staff, including the concern regarding the erodable soil, to be submitted with the City's comments on the EAW. All members voted in favor. 7 Council Minutes January 20, 1987 ~s•,~r TOWN CENTRE 100 PROFESSIONAL BUILDING - INDOOR TRASH STORAGE A request of the partners of the Town Centre Building in Town Centre 100 2nd Addition planned development was submitted to the City Council. A request was made to continue the consideration until the next regular meeting. Wachter moved, Smith seconded the motion to continue the consideration as requested. All members voted yes. PUBLIC IMPROVEMENT CONTRACTS 1. Royal Oak Circle - Contract #85-15. Change Order #3 to Contract #85-15 consisting of utilities in Royal Oak Circle Addition in the amount of $5,728.59 was recommended to be approved. Egan moved, Ellison seconded the motion to approve and implement the recommendation. All voted yes. 2. Ashbury Road - Contract #86-3. After recommendation, upon motion by Wachter, seconded Egan, it was resolved that Change Order #1 to Contract #86-3 consisting of Ashbury Road improvements for an additional amount of $2,409.25 be approved. All voted yea. 3. Maintenance Building Remodeling - Contract #85-21. Smith moved, Ellison seconded the motion to approve the sum of $22,598.07 as Change Order #4 for Contract #85-21 for the maintenance building remodeling. All members voted affirmatively. 4. Well Pumps #8 and #9 - Contract #86-12. Wachter moved, Egan seconded the motion to approve Change Order #1 to Contract #86-12 consisting of well pumps #8 and #9 and authorize the Mayor and City Clerk to execute all related documents. All members voted yes. 5. Eagan Park Shelter Building - Contract #86-09. Change Order #1 for City Project #86-09 with A.L.M. Builders, Inc. was submitted. Upon motion by Egan, seconded Ellison, it was resolved that Change Order #1 with an additional amount of $1,133.00 be approved as recommended. All voted yea. 6. Century Fence, Inc. - Contract #86-21. Ellison moved, Wachter seconded the motion to approve Change Order #1 to Contract #86-21 for athletic fencing and backstops with Century Fencing, Inc. for a total of $1,430.00. All councilmembers voted yes. 7. Sunset 3rd Addition - Contract #83-R. It was recommended by the staff that the Council approve Contract #83-R Sunset 3rd Addition for streets and utilities and accept the privately installed improvements for perpetual maintenance. Blomquist moved, Wachter seconded the motion to accept improvements under Contract #83-R as recommended. All voted in favor. 8 Council Minutes January 20, 1987 EAGAN MAINTENANCE FACILITY There was discussion by the City Council concerning the delays in the construction of the Maintenance Facility and additional costs that have occurred. Blomquist moved, Wachter seconded the motion to instruct the architect on the project to proceed diligently with the construction schedule, noting the over-runs and delays in construction. All members voted yea. EAGAN PUBLIC OFFICIALS LIABILITY POLICY A letter from Bruce Medvec of First Insurance Twin Cities regarding the public officials errors and omissions liability policy for 1987 was reviewed. He detailed for the Council revisions to the policy and because of the concerns of the Council, upon motion by Blomquist, seconded Egan, it was resolved that revisions to the liability policy be considered by the Finance Committee with recommendation to the City Council. All members voted yes. NORTHWEST PUBLICATIONS VS. CITY OF EAGAN City Attorney Paul H. Hauge submitted a request on behalf of the attorney for Northwest Publications to the City that it approve a Stipulation of Dismissal of the action commenced by Northwest Publications approximately 3 years prior. It appeared that there was no specific incentive for the City Council to approve the Stipulation and no action was taken because a request had been made earlier by the City that Northwest Publications remove all newspaper vending machines from public rights-of-way to avoid unsafe conditions, but Northwest did not comply. ANTHONY CAPONI VS. CITY OF EAGAN The City Attorney discussed with the City Council the most recent ruling of Judge Robert Breunig of the Dakota County District Court concerning the payment of attorneys fees and the award regarding the Caponi vs. Eagan action. Judge Breunig entered an Order based upon the direction of the Minnesota Court of Appeals, and several alternates regarding the City Council's position, were discussed. Recommendations will be submitted to the City Council at a later time, noting that it did not appear appropriate to appeal Judge Breunig's Order to the Minnesota Court of Appeals. POLICE DEPARTMENT APPOINTMENTS Upon recommendation and after motion by Ellison, seconded Wachter, it was resolved that Kenneth Conyers be appointed as a police officer effective February 1, 1987 and that Tom Nelson be appointed as a CSO Officer. All members voted in favor. 9 Council Minutes January 20, 1987 CHECKLIST Wachter moved, Egan seconded the motion to approve the checklists dated December 31, 1986 in the amount of $448,076.01; and checklist dated January 19, 1987 in the amount of $985,667.44; and also checklist dated January 20, 1987 in the amount of $59,357.05. All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:20 p.m. PHH City rk 10