01/07/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN, CI1Y COUNCIL
Eagan, Minnesota
January 7, IM
A regular meeting of the Eagan City Council was held on Tuesday, January 7, 1992, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
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Pawlenty moved, McCrea seconded, a motion to approve the agenda for the January 7, 1992, regular
City Council meeting as presented. Aye: 5 Nay: 0
Wachter moved, Pawlenty seconded, a motion to approve the minutes for the December 17, 1991,
regular City Council meeting as presented. Aye: 4 Nay: 0 Abstain: 1 ( Awada)
Mark Hoisser, Executive Director of DARTS, showed a video tape and answered questions regarding
the services provided in Dakota County by that organization.
STATE LICENSING OF CONTRACTORS
City Administrator Hedges introduced this item by explaining that the Legislature had instituted a
program whereby all contractors doing business of four units or more or remodelers doing business of $15,000
or more are to be licensed by the State of Minnesota. Unfortunately, the licensing of all contractors was not
accomplished by State agencies in time for the January 1, 1992, deadline, leaving cities with the dilemma of
how to handle building permits for those contractors yet to receive their licenses.
Doug Reid, Chief Building Official, said the City has builders who want to build but because of the
delay in processing their applications, they cannot. He said staff originally believed the delay would be of short
duration; however, has since learned that it will probably be February or March before all licenses are issued.
Mr. Reid suggested that staff be permitted to issue building permits to those contractors providing a signed
statement that they have complied with all application requirements for the State of Minnesota contractor's
license and submitted all required information to the Department of Commerce for approval.
The question arose as to the exposure to the City if a building permit were issued and the contractor
was found not to be in compliance. It was generally agreed that such risk would be modest especially
considering that the builders who had approached the City in an effort to obtain building permits were all
contractors who had been doing business in the City for a number of years. Mr. Reid noted that some cities
were just issuing building permits without any attempt to determine whether the contractor had even applied
for a State license. At the request of the City Council, Chief Building Official Reid will provide a summary
of how surrounding communities are dealing with the issue.
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January 7, 1992
Wachter moved, McCrea seconded, a motion adopting a procedure whereby building permits will be
issued to those contractors who provide a signed statement that they have complied with all application
requirements for the State of Minnesota contractor's license and submitted all required information to the
Department of Commerce for approval. Aye: 5 Nay: 0
A question arose regarding Item 3, of Personnel Items, relating to 1992 Car Allowances /Compensation
for Mileage. Councilmember McCrea asked whether, in some instances, it may not be wiser to pay mileage
to City staff rather than car allowances. After additional discussion, City Administrator Hedges said the policy
would be reviewed and provided to the City Council at the January 21 meeting.
A. Personnel Items
Item 1. Building Maintenance Worker - -It was recommended that the hiring of Thomas Weber as a
building maintenance worker be approved subject to the successful completion of the City's physical
examination requirement.
Item 2. Utility Maintenance Worker - -It was recommended that advertisement be authorized for a
utility maintenance worker.
Item 3. 1992 Car Allowance /Compensation of Mileage - -The recommendation to increase the car
allowances for the City Administrator, Director of Finance and Director of Community Development was
continued to the January 21, 1992, regular City Council meeting.
B. Project 590. approve Special Assessment /Easement Acquisition Agreement (Pilot Knob Road -
Parcel 10 -03300 -011 -75
It was recommended that the special assessment /easement aquisition agreement for Project 590 (Pilot
Knob Road) be approved as it pertains to 10 -03300 -011 -75 and the Mayor and City Clerk authorized to execute
all related documents.
C. Project 627, Receive Petition /Authorize Feasibility Report (Oak Cliff 6th Addition - Streets &
Storm Sewer)
It was recommended that the petition be received and the preparation of a feasibility report authorized
for Project 627 (Oak Cliff 6th Addition - Streets & Storm Sewer).
D. Project 628, Receive PetitionWAuthorize Feasibility Report (Autumn Ridge 2nd Addition - Storm
& Sanitary Sewer)
It was recommended that the petition be received and the preparation of a feasibility report authorized
for Project 628 (Autumn Ridge 2nd Addition - Storm & Sanitary Sewer).
E. Project 473, Approve Special Assessment Settlement Agreement (Parcel 10 -02200 -011 -85)
It was recommended that the resolution regarding a special assessment settlement agreement for
Project 473 (Pilot Knob Road - Trunk Storm Sewer) be approved as it pertains to Parcel 10 -02200 -011-85 and
the Mayor and City Clerk authorized to execute all related documents.
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January 7, 1992
F. Project 626, Authorize Feasibility Report & Detailed Plans /Specifications (South Well Field Well
Conversion)
It was recommended that the preparation of a feasibility report and detailed plans and specifications
be authorized for Project 626 (South Well Field Well Conversion).
G. License, Liquor Renewal. Greg Warding Liquor Shoppe. 4250 Lexington Avenue
It was recommended that an off -sale liquor license for the Liquor Shoppe located at 4250 Lexington
Avenue be approved as presented.
H. Correction to the 1992 Fee Schedule
It was recommended that the corrections to the 1992 Fee Schedule for water meters be approved as
presented.
I. Project 473, Approve Special Assessment Settlement Agreement (Parcel 10 -02200 -012 -86)
It was recommended that the resolution regarding a special assessment settlement agreement for
Project 473 (Pilot Knob Road - Trunk Storm Sewer) be approved as it pertains to Parcel 10 -02200 -012-86 and
the Mayor and City Clerk authorized to execute all related documents. R-92.
J. Approve Joint Powers Agreement (Street Sweeping & Striping)
It was recommended that the 1992 Street Maintenance Joint Powers Agreement be approved as it
pertains to street sweeping and striping and the Mayor and City Clerk authorized to execute all related
documents.
K. Contract 90 -16, Approve Change Order #2 (Woodlands North Addition - Streets and Utilities)
It was recommended that Change Order #2 to Contract 90-16 (Woodlands North Addition - Streets
& Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents.
L. Contract 90 -16, Approve Final Payme tl uthorize Acceptance (Woodlands North Addition - Streets
& Utilities)
It was recommended that the fifth and final payment for Contract 90 -16 (Woodlands North - Streets
& Utilities) be approved in the amount of $22,083.13 to Brown & Cris, Inc., and acceptance of the project
authorized for perpetual maintenance subject to appropriate warranty provisions.
McCrea moved, Wachter seconded, a motion to approve the Consent Agenda with the exception of
Personnel Items, Item 3, 1992 Car Allowances /Compensation for Mileage. Aye: 5 Nay: 0
VACATION/DREREL HEIGHTS
Mayor Egan introduced this item as a public hearing to vacate the drainage and utility easements for
Lot 5, Block 2, Drexel Heights. Director of Public Works Colbert said that a petition had been received
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January 7, 1992
requesting this vacation and no problems were anticipated. Mr. Colbert said no objections to the vacation had
been received. The petitioner was present.
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation of
a portion of the utility easement as described over Lot 2, Block 5, Drexel Heights Addition and authorized the
Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
AMENDMENT TO CONSULTING ENGINEERING CONTRACTS
Mayor Egan introduced this item as consideration of an amendment to the consulting engineers
contract under the 1992 fee schedule. City Administrator Hedges provided background on this item which was
continued from the December 17, 1991, meeting.
After initial discussion, Councilmember Pawlenty asked why the City could not establish rates it was
willing to pay for certain categories of services rather than the reverse. Director of Public Works Colbert said
such an arrangement as a flat rate could present difficulties as it would force engineering companies to recover
any inequities in costs through charging for every service through the hourly rates assigned to their various
technical personnel. He said he would prefer to evaluate the costs and /or benefits based on how companies
provide services to the City. The Councilmember noted, however, that some accountability is needed in these
areas and perhaps this would be a way to get a handle on it. Mr. Colbert said many of the complaints about
consulting engineering costs have been in regard to the time spent, not the rate being charged.
Wachter moved, Awada seconded, a motion to approve the amendment to the consulting engineering
contracts for Bonestroo, Rosene, Anderlik and Associates and Orr- Schelen- Mayeron and Associates as it
pertains to the 1992 fee schedule. Aye: 5 Nay: 0
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1992 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Mayor Egan introduced this item as a request for direction regarding the Community Development
Block Grant Application for 1992.
Director of Community Development Runkle reviewed the four projects proposed, one of which could
be considered by the Council for funding. Councilmember McCrea said that affordable housing was a critical
issue and questioned whether the block grant could be used to relieve some of the congestion in the Wescott
Square Apartment area through providing some open space or park area. Mayor Egan asked whether the
funds could be pooled with other cities for a larger project. Community Development Director Runkle said
that cities have acted independently the past two years as it is difficult to find a project that benefits all three
communities. Mayor Egan also asked whether use of the funds could be deferred allowing the City to build
up grant funds. Mr. Runkle said it was his understanding that while it could be changed or deverted, in order
to receive the funding initially, a project has to be designated.
Discussion then ensued regarding low and moderate income housing and the importance of "scattering"
such housing rather than placing it in a concentrated area. It was also agreed that the modest funding from
this grant program would not have a significant impact on some of the proposed projects; however, it could
be moderately effective in the housing rehabilitation program whereby funds could be used for low and
moderate income people to upgrade and winterize existing houses.
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January 7, 1992
Wachter moved, Awada seconded, a motion to approve the housing rehabilitation program as the
Community's 1992 Community Development Block Grant allocation for submission to the Dakota County
Housing & Redevelopment Authority.
Councilmember McCrea asked whether funding under the rehabilitation program is generally a gift
or a loan. Director of Community Development Runkle said loans have been issued In the past with repayment
typically when the property is sold.
Aye: 5 Nay: 0
MAC PART LSO LAND USE PROGRAM
Mayor Egan introduced this item as the MAC 150 Land Use Program Implementation Plan. Assistant
to the City Administrator Hohenstein then explained the methods proposed to make improvements to
residential properties within the Ldn 65 noise contour. He said the City's Airports Relations Committee had
considered three basic programs and was recommending implementation of a sound insulation program to be
accomplished through simple lottery.
Neil Black, who has lived in Country Home Heights since 1965, did not believe a lottery was a fair way
of determining which homes should be improved and when. He said it would be more appropriate to begin
with those residents who had lived in the noise corridor longest, giving them some assurance of order so that
they could decide whether to wait for the improvements or leave.
Discussion then centered around the mechanics of a lottery. Mr. Hobenstein said that some thought
had been given to a "weighted" lottery which would give residents multiple chances if they had lived in the area
a certain number of years. After considering several options, the City Council's preference was for a lottery
involving those residents who had lived in the noise affected area since 1978 or earlier. That year was chosen
as noise levels have theoretically increased dramatically since the 1978 deregulation of the airlines. In addition,
no differentiation will be made between property that is rented and property that is owner - occupied. Mr.
Hohenstein noted that under this program, the MAC will not refund or rebate any monies already spent by
homeowners for sound insulation.
McCrea moved, Wachter seconded, a motion to approve the recommendation of the Airport Relations
Committee that the City's Part 150 Land Use Program implementation plan provide for sound insulation only
and that applicants be selected by lottery from those residents living in eligible housing on or before December
31, 1978. Aye: 5 Nay: 0
VARIANCE /PYLON SIGN /CLIFF ROAD MCDONALD'S
Mayor Egan introduced this item as a variance for Nordquist Sign Company of 23' to the 27' pylon
sign maximum height, located north of Cliff Road and west of Nicols Road. Director of Community
Development Runkle provided background on the item and noted that this is the first application the City
Council has considered for a variance to the pylon sign maximum height on property that does not abut a
freeway.
Barbara Pitcher, representing Nordquist Sign Company, said they are requesting the variance because
they believe the lack of visibility at the present McDonald's location presents a hardship to the restaurant.
Fred Reynolds, representing McDonald's, said in 1981 McDonald's had the opportunity to purchase the
property where Holiday and Kentucky Fried Chicken now have their stores. They did not purchase the
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January 7,1992
property, however, because they were told that no curb cuts would be permitted. They then bought property
at their present location only to see curb cuts allowed for Holiday. Director of Public Works Colbert said that
at the time of McDonald's purchase of property in that area, Dakota County would not permit curb cuts on
Nicols Road near its intersection with Cliff. Since that time, however, Nicols Road was turned back to Eagan
which has resulted in curb cuts being reevaluated and subsequently permitted by the City.
Councilmember McCrea said her concerns were not so much for the placement of a pylon sign as for
the precedent that would be set if pylon signs were permitted on property not abutting the freeway. Director
of Community Development Runkle said permitting the sign would have an impact on the criteria used by
Community Development to do their variance analysis because at present, only direct access is used.
McCrea moved, Wachter seconded, a motion to continue this item to the February 18, 1992, regular
City Council meeting to allow the City Council and Advisory Planning Commission to meet in a scheduled work
session on February 11, 1992, to further discuss the regulation of signs in the City. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/STABLES LICENSE/DIAMOND T RANCH
Mayor Egan introduced this item as a conditional use permit and stables license for the Diamond T
Ranch to allow a riding stable and boarding stable in an AG (Agricultural) district on Parcel 011 -75 located
along the west side of Pilot Knob Road, south of Cliff Road in the southeast quarter of Section 33.
Wachter moved, Pawlenty seconded, a motion to approve a conditional use permit and stables license
for the Diamond T Ranch to allow a riding and boarding stable at the above location, subject to the following
conditions:
1. All applicable codes shall be adhered to.
2. The conditional use permit shall be recorded with documentation provided to the City within 60
days of Council action.
3. The conditional use permit shall have a five -year period with informal staff review of compliance
with the conditions yearly.
4. The Diamond T Ranch shall meet all state environmental and water quality standards.
5. All City licensing provisions shall be adhered to.
6. All City fencing requirements shall be adhered to.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/N11TI DISPOSAL /OUTDOOR STORAGE
Mayor Egan introduced this item as a conditonal use permit for Nitti Disposal, Inc., to allow outdoor
storage in an LI (Light Industrial) district on Lot 8, Block 1, Sibley Terminal Industrial park located west of
Highway 13, north of Yankee Doodle Road in the SE 1/4 of Section 8.
McCrea moved, Pawlenty seconded, a motion to continue consideration of a conditional use permit
for Nitti Disposal, Inc., to allow outdoor storage in an LI (Light Industrial) district to the February 4, 1992,
regular City Council meeting. Aye: 5 Nay: 0
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January 7, 1992
ARCHITECT SERMON COMMITTEE
McCrea moved, Wachter seconded, a motion to approve without change the architectural review
committee consisting of seven members as follows: George Kubik (APRNRC), John Gorman (APC), Alan
Menning, Frank Potocnik, and Jim Runkel (Citizens Recreational Facility Task Force), and Tim Pawlenty and
Pam McCrea from the City Council. Aye: 5 Nay: 0
CONTRACT 91-04 /OAKS OF BRIDGEWATER 2ND ADDITION
McCrea moved, Wachter seconded, a motion to approve Change Order #1 to Contract 91-04, Oaks
of Bridgewater 2nd Addition - Streets & Utilities). Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
McCrea moved, Pawlenty seconded, a motion to set a special meeting of the City Council for January
14 at 5:30 p.m., for the purpose of interviewing candidates for the City's various advisory committees and
commissions. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated November 30, 1991, in the
amount of $2,611,417.58, the checklist dated January 6, 1992, in the amount of $206,213.40 and the checklist
dated January 7, 1992, in the amount of $348,823.63 Aye: 5 Nay: 0
EIRECUTIVE SESSION /ADJOURNMENT
The City Council adjourned the regular meeting to an executive session to consider attorney /client
privileged information at 9:00 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea,
Pawlenty and Wachter, and City Administrator Hedges. The executive session was adjourned at approximately
9:45 p.m.
KF
CITY OF EAGAN
U%nuJ04-
E. anOverbeke
City Clerk