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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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