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12/06/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 6, 1988 A regular meeting of the Eagan City Council was held on Tuesday, December 6, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic 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 City Administrator Tom Hedges introduced Becky Comstock, an environmental attorney retained by the City in regards to the Seneca Waste Water Treatment Plant. Ms. Comstock updated the Council regarding the proposed agreement and stated the negotiations were not yet final. It was suggested the Seneca item be continued to the December 20, 1988, Council meeting. Egan moved, McCrea seconded, the motion to approve the agenaa as amended. All voted in favor. MINUTES November 15, 1988. Mayor Ellison requested the following corrections: Page 12, paragraph 4, "23-foot variance" to replace "50-foot variance". Page 15, paragraph 5, "warning after the first snowfall" to replace "warning after the first violation", second "violation", third "violation". Councilmember Egan requested the inclusion of the staff conditions in ae motion on page 8 regarding the Seneca Plant Addition as follows: 5. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bl, B2, B4, Cl, C2, C4, Dl, El, Fl, and G1. 6. Either condemnation is expedited or the owner of the property sign the preliminary plat application before the preliminary plat will be approved. Page 2/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 7. The applicant must meet all ETB and PCA rules and regulations for the development of this property. 8. The development is required to limit the elevation of the proposed earth mounds to not exceed the elevation of 780. City Administrator Tom Hedges informed the Council that the adoption of a resolution regarding the 1989 Community Clean-up Year was necessary. Gustafson moved, Egan seconded, the motion to adopt a resolution to participate in the 1989 Community Clean-up effort. All voted in favor. Wachter moved, Gustafson seconded, the motion to approve the minutes for the November 15, 1988, regular Council meeting as amended. All voted in favor. November 29, 1988. Wachter moved, Gustafson seconded, the motion to approve the minutes for the November 29, 1988, special Council meeting as presented. All voted in favor. November 22, 1988. Egan moved, McCrea seconded, the motion to approve the minutes for the November 22, 1988, special Council meeting as presented. All voted in favor. October 27, 1988. McCrea moved, Egan seconded, the motion to approve the minutes for the October 27, 1988, special Council meeting as presented. All voted in favor. FIRE PREVENTION POSTER WINNERS Mayor Ellison and Fire Chief Southorn officially recognized the winners of the fire prevention poster contest. DEPARTMENT HEAD BUSINESS Mike Reardon reported to the Council regarding the cable awara ceremony. Page 3/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 CONSENT AGENDA A. Personnel Items. 1. Street Maintenance Supervisor. It was recommended to approve the hiring of Thomas Struve as Street Maintenance Supervisor, subject to successful completion of the City's physical examination requirement. 2. Winter Seasonal Park Maintenance Worker. It was recommenced to approve the hiring of Cary Stevens, Mike Finnegan and Steve Baehr as winter seasonal park maintenance workers. 3. Winter Seasonal Recreation Staff. It was recommended to approve the list of winter seasonal recreation staff for the 1988-1989 skating and sliding season as presented. B. Plumbers' Licenses. It was recommended to approve the plumber licenses for AAA Plumbing by Newstrom, Inc.; Forcier Plumbing; Klamm Mechanical Contractors, Inc.; Main Line Plumbing; and Weidner Plumbing & Heating, Inc. C. City Contract. Receive Bids/Award Contract for Recyclable Containers. City Administrator Tom Hedges informed the Council that a letter had been received from Shamrock Industries regarding the bias. Mark Smiley of Shamrock Industries informed the Council he was concerned that the containers' bids were not similar. Mr. Hedges commented on Mr. Hohenstein's research regarding the matter. Councilmember McCrea questioned if Rehrig Pacific Company was based in Minnesota. Mr. Smiley stated they were not based in Minnesota. There was discussion regarding the specifications and warranties on the bias. McCrea moved, Wachter seconded, the motion to continue Consent Agenda Item C. to the December 20, 1988, Council meeting to allow for rebidding and notification to the original bidders of revised specifications regarding solid bins and warranties. All voted in favor. D. Approve Final Plat. All Saints Addition. It was recommended to approve the final plat for the All Saints Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.91 J Page 4/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 E. Approve Final Plat, Sunrise Hills Addition. It was recommended to approve the final plat for the Sunrise Hills Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.92 F. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Blue Ridge Addition). It was recommended to receive the petition to vacate a common lot line drainage and utility easement within the Blue Riage Addition and schedule a public hearing to be held January 3, 1989. G. Contract 88-33, Approve Plan/Authorize Ads for Bias (Well No. 13 Pumphouse) . It was recommended to approve the plans for Contract 88-33 (Well No. 13 - Pumphouse) and authorize the advertisement tor a bid opening to be held at 10:30 a.m. on Thursday, December 29, 1988. H. Contract 86-12, Approve Change Order No. 3 (Wells No. 8 and 9 - Pumping Facilities). It was recommended to approve Change Order No. 3 to Contract 86-12 (Wells No. 8 and 9 - Pumping Facilities) in the amount of $5,914.66 and authorize the Mayor and City Clerk to execute all related documents. I. Contract 88-37. Approve Change Order No. 1 (General Electric Supply Company - Storm Sewer). It was recommended to approve Change Order No. 1 to Contract 88-37 (GESCO - Storm Sewer) in the amount of $2,330.49 and authorize the Mayor and City Clerk to execute all related documents. J. Contract 85-18, Final Acceptance (UPS Addition - Streets ana Utilities). It was recommended to approve Contract 85-18 (UPS Addition - Streets and Utilities) for final acceptance and perpetual maintenance. K. Contract 87-J. Final Acceptance (Pinecrest Addition - Streets and Utilities) . It was recommended to authorize the final acceptance of Contract 87-J (Pinecrest Addition - Streets and Utilities) for perpetual maintenance. f, . Page 5/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 L. Receive Bids/Award Contract (Fire Station No. 1 - Parking L Councilmember Egan questioned if staff was satisfied with the bids. Public Works Director Tom Colbert stated all bids were similar and that the engineering report probably underestimated the costs. Councilmember Wachter suggested continuing the matter until next spring. It was recommended to reject the bids for Contract 88-28 (Fire Station No. 1 - Parking Lot), to be rebid in the spring of 1989. M. Project 557, Receive Feasibility Report/Order Public Hearing (Mallard Park 3rd Addition - Street Lights). It was recommended to receive the feasibility report for Project 557 and schedule a public hearing to be held for January 17, 1989. N. Contract 88-34. Reject Bias (Alden Ponds - Streets and Utilities). It was recommended to receive and reject the bids submitted for Contract 88-34 (Alden Ponds - Streets and Utilities) and cancel the related City contract. 0. Contract 85-II, Final Acceptance (Sunset 10th Addition - Utilities). It was recommended to authorize the final acceptance and perpetual maintenance of Contract 85-II (Sunset 10th Addition - Utilities). P. Contract 87-0. Final Acceptance (Danbury Place - Streets and Utilities) . It was recommended to approve the final acceptance for perpetual maintenance of Contract 87-0 (Danbury Place - Streets and Utilities). Q. contract 87-GGG. Final Acceptance (Patrick Addition - Streets and Utilities). It was recommended to accept for perpetual maintenance the improvements installed under Contract 87-GGG (Patrick Addition - Streets and Utilities). R. Contract 86-Y. Final Acceptance (Blackhawk Glen - Streets and utilities). It was recommended to approve the final acceptance for perpetual maintenance of Contract 86-Y (Blackhawk Glen - Streets and Utilities). Page 6/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 S. Contract 87-21, Sixth and Final Payment/Acceptance (Eagan Hills Farm - Trunk Utilities) . It was recommended to authorize the sixth and final payment for Contract 87-21 (Eagan Hills Farm - Trunk Utilities) and authorize final acceptance of perpetual maintenance. T. Contract 87-23. Approve Change Order No. 1 (Stratford Oaks - Sanitary Sewer Stub). It was recommended to approve Change Order No. 1 to Contract 87-23 (Stratford Oaks Addition - Sanitary Sewer Extension) in the amount of $1,781.00, and authorize the Mayor and City Clerk to execute all related documents. Councilmember Wachter had concerns regarding Items U., V., and W. regarding the Change Orders. There was Council discussion regarding the Change Orders. U. Improvement Contract 87-1. Change Order No. 4 for Carnelian Park. It was recommended to approve Change Order No. 4 of Improvement Contract 87-1 for an amount of $2,500.00 and authorize the Mayor and City Clerk to execute all related documents. V. Improvement Contract 88-7. Change Order No. 2 tor Miscellaneous Work Items for Various Parks. It was recommended to approve Change Order No. 2 of Improvement Contract 88-7 for an amount of $29,352.53 and to authorize the Mayor and City Clerk to execute all related documents. W. Improvement Contract 88-18. Change Order No. 1 for Thomas Lake Pavilion. It was recommended to approve Change Order No. 1 to Improvement Contract 88-18 for an amount of $11,328.00 and authorize the Mayor and City Clerk to execute all related documents. McCrea moved, Egan seconded, the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. VACATION/GALAXIE CLIFF PLAZA ADDITION Gustafson moved, Wachter seconded, the motion to continue the matter of the vacation for Galaxie Cliff Plaza Addition to the December 20, 1988, City Council meeting. All voted in favor. Page 7/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 VACATION/SDNWOOD COURT/SUNRISE HILLS ADDITION Public Works Director Tom Colbert informed the Council a petition had been submitted by the property owners of the affected property to vacate existing drainage, utility and ponding easements located within the proposed Sunrise Hills Addition, as well as the vacation of the dedicated right-of-way for Sunwood Court. Wachter moved, Egan seconded, the motion to close the public hearing and approve the vacation of public right-of-way and drainage/utility easements within the Sunrise Hills Addition. All voted in favor. VACATION/BLACKHAWK GLEN 2ND ADDITION Public Works Director Tom Colbert stated a petition had been received to consider the vacation of a common lot line arainage and utility easement between Lots 5 and 6 of Block 2, Blackhawk Glen 2nd Addition which was necessitated by a waiver of plat relocating the common lot line. Dennis Shaw, 1583 Ashbury, requested the inclusion of language to state that the vacation was necessary. There was discussion regarding the vacation of the old easement. Egan moved, McCrea seconded, the motion to close the public hearing and approve the vacation of the drainage/utility easement between Lots 5 and 6, Block 2, Blackhawk Glen 2nd Addition. All voted in favor. MWCC AGREEMENT/SENECA WASTE WATER TREATMENT PLANT Mayor Ellison informed the Council of a special meeting on December 13, 1988, regarding solid waste residue. McCrea moved, Egan seconded, the motion to continue the MWCC Agreement/Seneca Waste Water Treatment Plant matter to the December 20, 1988, meeting. All voted in favor. VARIANCE/PROGRESS LAND COMPANY City Administrator Tom Hedges updated the Council on the matter and stated the Council continued the item until the December 6 meeting to allow the engineering staff an opportunity to evaluate the variance request and determine whether building pads could be placed on the platted lots without requiring a variance. He stated there did not appear to be a demonstrated hardship; however, if a variance was allowed the garages should be required to adhere to the required 30-foot minimum setback. Page 8/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 Warren Israelson (developer) was present and explained the history of the project. He informed the Council that streets had been moved to allow for ponding. Dave May (Miller Homes) explained the home construction. Mayor Ellison commented that the developer should solve the problems in the platting process. Mr. May stated it was their desire to have all of the homes lined up at the same distance. Councilmember Wachter replied that the road could have been moved at the platting stage. The developer stated it was a unique site because of the ponding and the trees. He explained the location of the ponds to the Council. Councilmember Egan remarked that the City of Eagan had always been tough on variances. Egan moved, Wachter seconded, the motion to deny a variance submitted by Progress Land Company for a 10-foot front yard setback variance for Lots 3-11, Block 3, and a 5-foot front yard setback variance for Lot 12, Block 3, to the minimum 30-foot required public right-of-way setback in the Country Hollow Addition. Ellison, Wachter and Egan voted in favor; McCrea and Gustafson voted against. The motion prevailed. Councilmember McCrea stated she felt the street location gave a legitimate reason for a variance. REZONING/WELL NO. 13 Public Works Director Tom Colbert gave a history of the project and explained the building appearance. Mark Parranto, 4537 Lake Park, informed the Council he was a developer in the City of Eagan and questioned why the City could do what he could not do as a developer. He stated the well had been drilled before Council approval and he felt there was a double standard. He requested an electric pump. Public Works Director Tom Colbert stated there would be an electric pump and responded to other concerns regarding easement and construction. Egan moved, Wachter seconded, the motion to approve a Comprehensive Guide Plan amendment for Lot 11, Block 1, Thomas Lake Center Addition (Well No. 13). All voted in favor. Egan moved, Gustafson seconded, the motion to rezone from single family to public facility on Lot 11, Block 1, Thomas Lake Center Addition, to allow for construction of Well No. 13. All votea in favor. Page 9/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 SET DATE/AMOUNT FOR REFERENDUM TO FINANCE COMMUNITY CENTER PROJECT City Administrator Tom Hedges updated the Council on the matter. Steve Sullivan informed the Council he was available for questions. Mayor Ellison stated it was an exciting time for the City of Eagan and that there was a need to educate the residents regarding the matter. He felt the project would increase the value of homes in the community. Councilmember McCrea stated the project would help establish an identity for Eagan. Councilmember Wachter stated he was pleased to see the culmination of this project as it started long ago. Gustafson moved, Wachter seconded, the motion to authorize February 14, 1989, as the date for a special referendum to consider the proposed community center project and further that the bond referendum amount be designated at $7.7 million and authorize the Director of Finance and City Attorney to prepare the formal question for the referendum. All voted in favor. SOLID WASTE CODE AMENDMENT City Administrator Tom Hedges informed the Council that at the Solid Waste Abatement Commission meeting held on November 8, 1988, a recommendation was made to the City Council to amend City Code, Sections 6.37 and 10.01 concerning solid waste and recycling. He stated the proposed amendments specifically addressed curbside recycling, same day collection and volume based fees for licensed Eagan haulers. He outlined the essential elements of the proposed ordinance amendment. Larry Knutsen informed the Council he was present to address the hauler concerns and stated he believed in the free enterprise system. Councilmember Egan asked for a clarification of "same day collection". Mr. Hedges clarified the matter. Mayor Ellison questioned if there was tin can recycling. Mr. Knutsen stated there would be no tin can recyling. Councilmember Egan stated he felt the changes would help the community. Egan moved, McCrea seconded, the motion to approve that portion of the amendment to City Code, Section 6.37, Subd. 4D pertaining to prior approval of hauler rates by Council action. All voted in favor. Egan moved, McCrea seconded, the motion to approve amendments to City Code, Sections 6.37 and 10.01 regarding solid waste management and recycling requirements. All voted in favor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 RATIFICATION OF POSITION STATEMENT/AIRPORT ADEQUACY STUDY City Administrator Tom Hedges presented the following five recommendations to the Council for their review: 1. Endorse the Metropolitan Council Task Force's Two-Track Approach which would permit consideration of expansion of capacity at the current airport, which property is identified and banked for a potential future airport. Such endorsement contingent upon the exclusion of the third parallel runway, known in the study as the "far parallel". 2. Insist that the environmental reviews of both the proposed Runway 4/22 Extension and the proposed North/South Runway be exhaustive, both in terms of identification and mitigation of impacts. 3. Demand that expansion of capacity at the current airport be managed in such a manner as to utilize the noise abatement capacity of the Eagan-Mendota Heights Corridor as it is currently defined by the Metropolitan Council Aircraft Noise Policy Contours. Further that Metropolitan Policy be amended to provide for compensation for communities and/or property owners in the event that impact areas broaden, expand or shift as a result of operational changes at MSP. 4. Support expansion of MSP capacity only as necessary to meet demand until a replacement airport can be built. 5. Support an acceleration of the land-bank/development process for a replacement airport to the extent possible. Councilmember Wachter questioned how long the airport would be feasible. Mr. Hedges stated until the year 2010. Wachter questioned if there was a need for further study. Councilmember Gustafson recapped the task force study. Councilmember Egan gave further information on the causes of noise and the frequency of flights. There was further discussion regarding airport noise and future expansion. Mayor Ellison commented on the committee's recommendations to the City Council regarding the expansion and land-banking. He stated the current airport was a benefit to the community and that land-banking should be a last resort. Councilmember Gustafson stated he would support the committee's recommendations with the assumption that the new airport would be near by. Councilmember Egan felt the committee's recommendations were consistent with the County's and City's positions. Gustafson felt it was essential to begin land-banking. Egan moved to accept committee recommendations numbers 1-5. There was no second and the motion failed. Page 11/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 Gustafson moved, McCrea seconded, the motion to approve the proposed position statement regarding the Metropolitan Council Airport Adequacy Study without the additional recommendations of the Airport Relations Committee. All voted in favor. VARIANCE/SONS CONSTRUCTION COMPANY Community Development Director Dale Runkle updated the Council on the matter. The applicant was available at the meeting. Councilmember Gustafson questioned the hardship. Mayor Ellison stated there was an excessive setback. McCrea moved, Egan seconded, the motion to approve a 13-foot variance to the 50-foot setback along Galaxie Road to allow a 3-season porch on Lot 1, Block 1, Safari Addition, as requested by Sons Construction Company, Inc. All voted in favor. 1989 FEE SCHEDULE City Administrator Tom Hedges presented to the Council the proposed fee schedule for numerous services, licenses and permits that are provided by the City of Eagan. Community Development Director Dale Runkle stated two items should be added to the schedule: 1. Comprehensive Guide Plan Amendment - $300.00; 2. Street Name Change - $100.00. Councilmember Wachter had concerns regarding the electrical inspection fee. Mr. Hedges explained the reason for the fee. Mr. Wachter suggested withholding the electrical fee approval. Egan moved, Gustafson seconded, the motion to approve the proposed 1989 Fee Schedule, with the exception of the electrical inspection fee, and the addition of the following: 1. Comprehensive Guide Plan Amendment - $300.00; 2. Street Name Change - $100.00. All voted in favor. Councilmember Wachter commented favorably on the resource trust fund. City Attorney Jim Sheldon stated there was no statutory authority to set up a trust fund and there was a need for another mechanism. Page 12/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 RECEIVE DEVELOPMENT DISTRICT NO. 2 PROGRAM/SET PUBLIC HEARING AND TAX INCREMENT FINANCING DISTRICT NO. 1 PLAN City Administrator Tom Hedges presented both items to the Council. Fiscal Consultant Dave MacGillivray was present at the meeting and available for questions. Gustafson moved, Egan seconded, the motion to adopt a resolution for establishment of Development District No. 2 and Tax Increment Financing District No. 1. All voted in favor. Egan moved, McCrea seconded, the motion to approve setting a public hearing for January 17, 1989, to consider Development District No. 2 for the purpose of carrying out certain transportation improvements, and to consider the establishment of Tax Increment Financing District No. 1. All voted in favor. PARK CENTER DEVELOPMENT City Administrator Tom Hedges updated the Council on the matter and referenced Dale Runkle's memo dated December 5, 1988. It was the Council's recommendation to "tie in" with the development concerning a senior housing site. POLICE INVESTIGATOR McCrea moved, Gustafson seconded, the motion to approve the naming of Officer Linda Myhre to the position of investigator. All voted in favor. SEASONAL UTILITY MAINTENANCE WORKER Egan moved, Wachter seconded, the motion to approve the hiring of Benjamin Anderson as a seasonal utility maintenance worker. All voted in favor. CONTRACT 88-25, FINAL PAYMENT/ACCEPTANCE (DODD ROAD - OVERLAY) Gustafson moved, Egan seconded, the motion to approve the first and final payment of Contract 88-25 (Dodd Road - Overlay) in the amount of $70,879.23 and authorize formal acceptance for perpetual maintenance. All voted in favor. REVISE/RENEW CONTRACT WITH DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT (WATER QUALITY MANAGEMENT PLAN) Public Works Director Tom Colbert detailed the history on the matter. Page 13/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 Wachter moved, Gustafson seconded, the motion to approve a revised agreement for the Dakota County Soil and Water Conservation District as it relates to the completion of the Water Quality Management Plan and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. VACATION/PORTION OF SAFARI PASS (LOT 1, BLOCK 2, SAFARI ESTATES 2ND ADDITION) Egan moved, Gustafson seconded, the motion to authorize the transfer of title through a Quit Claim process for the excess public right-of-way of Safari Pass adjacent to Lot 1, Block 2, Safari Estates 2nd Addition and authorize the Mayor and City Clerk to executed all related documents. All voted in favor. KELZENBERG/YETZER ACCESSORY USES IN RESIDENTIAL DISTRICTS City Administrator Tom Hedges recapped the background on the matter for the Council. He referenced a memo received from Mike Dougherty dated December 6, 1988, regarding the matter. City Attorney Jim Sheldon informed the Council he would prepare a proposed ordinance for the Council's review. John Yetzer, 1726 Sartell Avenue, stated the zoning is currently R-1. He stated the needs of the homeowners should be addressed and that the requirements were not met by the applicant. He had further concerns regarding the matter. REPLAT OF CEDAR CLIFF COMMERCIAL PARK Charles Bartholdi was present and set forth the background on the matter. He stated there was a need to give the bank ownership of the parking lot. He requested the Council reaffirm its action taken at the August Council meeting. City Administrator Tom Hedges stated the street benefits were set aside but the storm sewer laterals should have applied. Mayor Ellison responded that his recollection was similar to Mr. Hedges' comments. The lateral storm sewer assessments were reaffirmed by the Council. POLICE CHIEF SELECTION Egan moved, Gustafson seconded, the motion to schedule the final interviews for the Police Chief selection for December 20, 1988, at 4:00 p.m. All voted in favor. Page 14/EAGAN CITY COUNCIL MEETING MINUTES December 6, 1988 PROJECT 543/SIBLEY HILLS DRIVE/SKYLINE DRIVE - STREETS AND UTILITIES Public Works Director Tom Colbert informed the Council the matter was originally scheduled for the December 20, 1988, City Council meeting. The matter would be continued until the January 17, 1988, meeting. FIREARMS ORDINANCE Staff was directed to review the ordinance language regarding hunting within the City limits. BILLS Wachter moved, Gustafson seconded, the motion to approve the checklist dated November 30, 1988, in the amount of $2,471,115.35, and dated December 6, 1988, in the amount of $1,435,559.40. All voted in favor. ADJOURNMENT Upon motion duly made by McCrea, seconded by Egan, the meeting was adjourned at 10:15 p.m. All voted in favor. CITY OF EAGAN V By: . J. VanOverbeke Its: City Clerk