Loading...
12/20/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 20, 1988 A regular meeting of the Eagan City Council was held on Tuesday, December 20 , 1988, at 6 :30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustaf son 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 Egan moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES December 6 . 1988 . Mayor Ellison requested an addition on page 10 • regarding the Airport Adequacy Study as follows: 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. Page 2/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 McCrea moved, Egan seconded, the motion to approve the minutes for the December 6 , 1988, regular Council meeting as amended. All voted in favor. SELECTION OF CHIEF OF POLICE City Administrator Tom Hedges explained the interviewing process to the Council. Mayor Ellison stated that all three finalists were excellent candidates for the position but that Pat Geagan stood above the rest. Councilmember McCrea felt the competition was tough. Councilmember Gustafson concurred with McCrea and stated he was glad Pat Geagan was chosen for the position. Jay Berthe commended the Council and Pat Geagan on the selection. Gustafson moved, McCrea seconded, the motion to approve the selection of Pat Geagan as Chief of Police, subject to a physical and psychological examination, to fill the vacancy created by Jay Berthe whose retirement is effective January 20 , 1989. All voted in favor. AUTHORIZATION TO PURCHASE POLICE SQUAD CARS City Administrator Tom Hedges introduced the matter to the • Council. Geagan informed the Council they were requesting the purchase of six squad cars, not seven as stated in the memorandum. Wachter moved, Gustafson seconded, the motion to approve authorization to proceed with the purchase of six police squad cars from Viking Southdale Ford in the amount of $13,377.00 per vehicle with the understanding that the 1989 budget as it relates to police capital will be reappropriated by the deletion of certain capital items to allow an adequate amount for acquisition of the squad cars. All voted in favor. AUTHORIZATION TO PURCHASE USED, NON-FLEET, POLICE ADMINISTRATION VEHICLES Gustafson moved, Wachter seconded, the motion to approve the acquisition of one police administration car from the Thane-Hawkins Polar Chevrolet in the amount of $10,988.00 and for the City to negotiate the acquisition of an additional administrative car at either the dealer auction or a rental agency. All voted in favor. PROJECTS 83-J, 85-E, 85-F AND 86-Q DECLARE DEVELOPER IN DEFAULT Public Works Director Tom Colbert provided the background on the matter to the Council. Mayor Ellison questioned if the developer was • present. Mr. Colbert stated the developer was not present at the meeting. Councilmember Egan questioned if the developer had been informed of the City' s position and questioned the kind of remedies available. City Attorney James Sheldon stated a formal declaration Page 3/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 was necessary to begin the process and that the matter would be discussed in a closed meeting. Egan moved, Gustafson seconded, the motion to declare the developer in default for Projects 83-J (Park Cliff 2nd Addition) , 85-E (Oak Cliff 2nd Addition) , 85-F (Park Cliff 3rd Addition) , and 86-Q (Oak Cliff 4th Addition) and authorize the City Attorney' s Office to pursue remedial corrective action as may be appropriate. All voted in favor. POLICE CHAPLAIN City Administrator Tom Hedges stated that the police chaplain Pastor Block was leaving his position in January of 1989. Egan moved, McCrea seconded, the motion to commend Pastor Block for his time and dedication. All voted in favor. CONSENT AGENDA A. Personnel Items. • 1 . Additional Skating Rink Staff. It was recommended to approve the hiring of Bonnie Blood, Christopher Mesko, Jason Onstad and Lisa Register as seasonal skating rink staff members for the 1988/1989 winter season. 2 . City Planner. It was recommended to approve the hiring of James L. Sturm for the position of City Planner, subject to successful completion of the City' s physical examination requirement. B. 1989 Cigarette License Renewal. It was recommended to approve all cigarette license renewals for 1989 as presented. C. 1989 Kennel License Renewals. It was recommended to approve the three kennel license renewals for 1989 as presented. D. 1989 Refuse Haulers License Renewals. It was recommended to approve the 1989 refuse haulers license renewal list as presented. • Page 4/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 E. City Contract to Receive Bid/Award Contract for Recyclable Containers. It was recommended to approve the successful bid for the two-piece stackable recycling container with both containers solid sided, to be used by households for curbside recycling. F. Vacation of a Portion of Safari Pass (Eagan Royale) . It was recommended to authorize the transfer of title through a Quit Claim process for the excess public right-of-way of Safari Pass and authorize the Mayor and City Clerk to execute all related documents. G. Contract 87-16 . Final Payment/Acceptance (North Nicols Road) . It was recommended to approve the seventh and final payment for Contract 87-16 (North Nicols Road) to Valley Paving, Inc. and authorize the acceptance of the improvement for perpetual maintenance. H. Approve New Municipal State Aid Street Designations. It was recommended to approve a resolution designating additional municipal state aid street routes and authorize the Mayor and City Clerk to execute all related documents. R-88. 93 I. Contract 87-39. Final Payment/Acceptance (Fire Station No. Al. It was recommended to approve the fourth and final payment for Contract 87-39 (Fire Station No. 4) to Dell' s Construction, Inc. and authorize the acceptance for perpetual maintenance. J. Contract 88-4 . Final Payment/Acceptance (Pump House No. 10) . It was recommended to approve the sixth and final payment for Contract 88-4 (Pump House No. 10) to A & K Construction, Inc. and authorize the acceptance for perpetual maintenance. K. Project 463 . Final Payment (County Contract 32-03) / Cliff Road East of Trunk Highway 3 . It was recommended to approve the final payment to Dakota County for Project 463 (County Contract 32-03) for the improvement of Cliff Road east of Trunk Highway 3 . • Page 5/EAGAN CITY COUNCIL MINUTES • December 20 , 19 8 8 L. Contract 87-15. Final Payment/Acceptance (Wescott Road - Utilities and Street Improvements) . It was recommended to approve the sixth and final payment for Contract 87-15 (Wescott Road - Utilities) to Opus Corporation, Inc. , and accept the improvements for perpetual maintenance. M. Contract 87-20. Final Payment/Acceptance (Pressure Reducing Stations) . It was recommended to approve the third and final payment for Contract 87-20 (Pressure Reducing Stations) to M & M Sewer and Water, Inc. , and accept the improvements for perpetual City maintenance. N. Contract 87-22 . Final Payment/Acceptance (Hills of Stonebridge - Trunk Utilities) . It was recommended to approve the sixth and final payment for Contract 87-22 (Hills of Stonebridge - Trunk Utilities) and accept the improvements for perpetual City maintenance. 0. Contract 87-23 . Final Payment/Acceptance (Bridle Ridge - Trunk Utilities and Streets) . It was recommended to approve the tenth and final payment for Contract 87-23 (Bridle Ridge - Trunk Utilities and Streets) to Nodland Construction Company, Inc. and accept the improvements for perpetual maintenance. P. Contract 87-25. Approve Change Order No. 3 (Braddock Trail - Sidewalk/Trail) . It was recommended to approve Change Order No. 3 to Contract 87-25 (Braddock Trail - Trailway) and authorize the Mayor and City Clerk to execute all related documents. Q. Approve Ouestion for Referendum to Finance Community Center Project. It was recommended to approve as written the question for the February 14 , 1989, Community Center Referendum. R. Approve Specifications/Authorize Advertisement for Bids (Miscellaneous Street Maintenance Equipment) . It was recommended to approve the specifications for miscellaneous street maintenance equipment and authorize the advertisement for a bid opening to be held on January 10, 1989, at 1:00 p.m. , for the tandem axle dump truck with snow plow equipment, and January 10, 1989, at 2 :00 p.m. , for the street sweeper. Page 6/EAGAN CITY COUNCIL MINUTES December 20 , 1988 Egan moved, Gustafson seconded, the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. SKYLINE ROAD/SIBLEY HILLS DRIVE EXTENSION (STREETS AND UTILITIES) McCrea moved, Gustafson seconded, the motion to continue the public hearing for Project 543R (Skyline Road/Sibley Hills Drive Extension - Streets and Utilities) to January 17 , 1989. All voted in favor. VACATE PONDING AND UTILITY EASEMENT/GALAXIE CLIFF PLAZA Public Works Director Tom Colbert informed the Council that due to the uncertainty of the final plat approval, staff was recommending that the petition vacation be denied and that it be reconsidered at such time as the final plat is proposed to be processed. Wachter moved, McCrea seconded, the motion to close the public hearing and to continue indefinitely the vacation of the ponding and utility easements within the proposed Galaxie Cliff Plaza Addition, until final plat approval. All voted in favor. • FINAL RATIFICATION/1989 BUDGET City Administrator Tom Hedges presented the matter to the Council. Mayor Ellison stated there was an overall increase but there was a decrease in the mill rate. Councilmember Wachter stated that staff had done a wonderful job on the project. Wachter moved, Gustafson seconded, the motion to ratify the 1989 general fund and public utility operating budget as presented. METROPOLITAN COUNCIL REPRESENTATIVE City Administrator Tom Hedges updated the Council on the matter and explained the process. He distributed copies of a letter received from Margaret Schreiner. (see Exhibit A) . Margaret Schreiner and Deborah Tompkins presented their respective qualifications to the Council. Councilmember McCrea stated she felt it was important for the Council to endorse a candidate. Mayor Ellison stated he felt Eagan needed representation on the Council. The Council voted on the matter by casting paper ballots. Deborah Tompkins was the clear winner. McCrea moved, Gustafson seconded, the motion to endorse Deborah • Tompkins for appointment to District Fifteen of the Metropolitan Council to replace Mary Martin who is not seeking reappointment. All voted in favor. Page 7/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 Councilmember McCrea requested staff send a follow-up letter to the Governor. SENECA WASTE WATER TREATMENT PLANT AGREEMENT City Administrator Tom Hedges updated the Council on the project. Becky Comstock presented the proposed agreement and stated that the MWCC may not enter into the agreement. She stated there was a new Section 3 .4 . which gave controls beyond 1992 . She described various provisions of the agreement. Councilmember Egan questioned if the agreement was a draft document. Ms. Comstock stated it was a draft document at this time as the revised agreement had not been approved by the MWCC. However, the MWCC had approved an earlier agreement known as the "December 13th" agreement. Mayor Ellison asked Ms. Comstock to point out the differences between the proposed agreement and the adopted agreement. Ms. Comstock outlined the changes. Councilmember Wachter stated he was concerned with the track • record and felt that the people closest should have a method for enforcement. He was disappointed. Councilmember Egan questioned if there were any rights or remedies changed from the December 4 proposal. Ms. Comstock stated only the odor review provisions and the City staff inspections. There was further discussion regarding the revisions to the agreement. Ms. Comstock summarized the MWCC' s primary concerns with the new agreement. Councilmember McCrea was impressed with the proposed agreement. Mayor Ellison stated that no one would come away completely satisfied. Jean Matross (Attorney for MWCC) recapped the background on the matter and stated the time schedule to meet the conditions was the only sticking point as the 1992 date could not be met. She stated the schedule presented by MWCC was its best estimate. Bob Isaacson (MWCC Engineer) reviewed the improvements and stated that five to six projects were converging on one plant. He stated there was complicated construction management and stated an alternative of installing incinerator odor control before 1992 if the incinerator was continued. He stated the implementation had been reduced from seven to eleven years down to five years. Mayor Ellison questioned if it was physically impossible. Mr. Isaacson it was • improbable. Councilmember Egan questioned if it could be done but it was economically more expensive. Mr. Isaacson said that was a fair statement. ge 8/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 Betty Bassett stated she felt the MWCC was sliding back to its original position and that mismanagement had caused the present odor problems. She had concerns regarding the scenic easement as it gives the citizens no security. She felt nothing was being done. John Wesley, 1747 Bluebill, stated he felt the MWCC was dragging its feet and that it could meet the deadlines. He had concerns regarding the escape clause and requested the City meet with the PCA. City Administrator Tom Hedges stated staff had been in contact with the PCA. Community Development Director Dale Runkle explained the permit process of the PCA and stated that the City would have input. Mr. Wesley stated the goal should be to clean up the plant as soon as possible. He also had concerns regarding the zoning. City Attorney James Sheldon stated the Council was dealing with the platting concerns at the present time. Mr. Wesley distributed information on zoning (see Exhibit B) . Terrell Fridley (Attorney for Citizens Against Seneca Expansion) stated he felt the agreement Ms. Comstock presented was the best possible agreement. He further stated the 1992 deadlines were appropriate. He requested the addition of language that the zoning was I-1 and requested other revisions. John Melon, 3680 Ashbury Road, addressed his concerns regarding enforcement. Councilmember McCrea stated several provisions of the agreement addressed enforcement. Councilmember Gustafson stated the PCA had rules and regulations enforced. Councilmember Egan stated the agreement was much improved from the last one the Council reviewed and felt there were remedies of default available for Council action. Mr. Melon stated he felt enforcement was more important than dates. Mayor Ellison concurred with Mr. Melon and stated he felt a decision should be made as to which date was more important. Councilmember Egan felt the MWCC was saying it was economically irregular. He felt 3 1/2 years was enough time. He further stated it was necessary to have a monitoring system and that the agreement as presented accomplished many of the concerns. Councilmember McCrea supported Mr. Egan and felt the dates may need modification. Councilmember Gustafson stated he was sensitive to the past problems and also to the MWCC's concerns. He felt the agreement as presented was the one the Council should adopt. Councilmember Wachter felt the PCA had not done its job. He was totally discouraged and not happy with the agreement. He felt the concerns of the neighbors were not addressed. Mr. Egan stated the preliminary plat was contingent on any agreement. Mayor Ellison predicted the matter would be back before the Council in January because he felt the MWCC would not approve the agreement. • Ms. Matross informed the Council that if the 1993 date was granted, the remaining items could be discussed. She stated the one Page 9/EAGAN CITY COUNCIL MINUTES December 20 , 1988 point in disagreement was the 1993 date. Mayor Ellison suggested that if the Council compromised on the date, they would be farther ahead as the matter had gone on for six months. Ms. Matross stated she could commit to the notice provisions and a two year review. Mayor Ellison recommended continuing the matter for two weeks to allow review regarding the date, with the other language remaining the same as proposed. Councilmember Egan stated they must insure that the other provisions remain the same as proposed. McCrea moved, Gustafson seconded, the motion to continue the MWCC agreement for the expansion of the Seneca Waste Water Treatment Plant to the January 3 , 1989, Council meeting to allow for further review regarding the dates, with all other language remaining the same as presently proposed. All voted in favor. Councilmember Gustafson stated he felt that if the Councilmembers did not receive a final packet by December 29, 1988, the matter should not be heard at the January 3 , 1989, Council meeting. PARK CENTER ADDITION/FEDERAL LAND COMPANY • City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle presented the details of the development and site plan and referenced the Parks and Recreation Committee' s concerns. Martin Colon (developer) introduced the following people who would be presenting the project to the Council : Tim Erkkila - Land Planning Report Presentation; Fran Hagen - Utilities Presentation; Mitch Wanson - Traffic Presentation; and Charles Bartholdi - Legal Presentation. Tim Erkkila explained the principles of the land use planning and stated the developer was sensitive to the existing development patterns. He presented a diagram of the current uses. He stated there was no current residential uses and there was no definitive reason for the D-III designation. He stated the comp guide plan was incorrect as the D-III designation was incompatable with park use. He suggested a commercial planned development was the best use for this site and also pointed out that a planned development preserves the municipal review process. Fran Hagen updated the Council on the grading and the utilities aspect of the project. He reviewed the grading plans and possible changes, the quality of water in the ponding area and the sanitary sewer and water main services. • Mitch Wanson (traffic engineer) briefly described traffic presentation to the Council. Page 10/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 Charles Bartholdi summarized the overall presentation and referenced letters and reports which had been sent to the City Administrator. He requested all documents be included on the record in regards to the application. He further stated Federal Land was willing to accept all staff conditions and assessments and that it would satisfy all City concerns. He updated the Council on the status of the HRA option agreement and stated that if the property were used for elderly housing, the square footage of the remaining project would be reduced. He requested a chance to rebut the adverse data and stated the architect was available for questions. Pat Hoffman (Hoffman Development) had concerns regarding the ponding' s effect on its property. Doris Wilkins stated a senior site was necessary in Eagan and that the site in question was an excellent choice. She suggested the Council require senior housing as a condition of approval. Councilmember Egan questioned if the parking stall requirements were met. Mr. Runkle stated the requirements had been met. Mr. Egan • had concerns regarding the impact on the traffic. Mr. VanWormer addressed the traffic concerns and the access problem. Public Works Director Tom Colbert informed the Council that the County wanted to view the access on the entire strip before final approval. There was much discussion regarding the access and the traffic study. Mayor Ellison questioned if the piece was evaluated for the traffic study as commercial or residential. Mr. VanWormer stated it was reviewed as commercial and that the access would work until three lanes were necessary. Councilmember Egan had concerns regarding potential assessments and questioned if the City would want special agreements. Mr. Colbert suggested the pre-payment of projected obligations. Mr. Egan had concerns regarding the Hoffman pond. Mr. Colbert stated the storm plan anticipated some flow from the project. Mayor Ellison asked for the results of the commercial study. Community Development Director Dale Runkle stated the area could support additional commercial projects. Councilmember Egan supported continuance of the matter for 30 days to review the zoning issue and the traffic analysis. Councilmember McCrea stated she felt traffic circulation should also be addressed. Mayor Ellison asked for an estimate of the tree loss and how to save as many trees as possible. He also asked for landscaping and berming plans, the building materials and review of the zoning issue. Councilmember Gustafson • favored the proposal as presented, however, he had serious reservations regarding the commercial study. He stated that if all questions were answered, he favored the proposal. City Administrator Page 11/EAGAN CITY COUNCIL MINUTES December 20, 1988 Tom Hedges referenced a letter received from Ronald G. Cornwell of the Bieter Company (see Exhibit C) . Egan moved, McCrea seconded, the motion to continue the Comprehensive Guide Plan amendment from D-III to CPD, rezoning from Agricultural to a Planned Development, a preliminary plat entitled Park Center Addition, and a conditional use permit for pylon signs as requested by the Federal Land Company to the February 7 , 1989 City Council meeting, to allow for further review regarding the zoning, traffic, tree loss, landscaping and berming and building materials. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a joint traffic study with the County regarding the Park Center Addition. All voted in favor. CONDITIONAL USE PERMIT/FLOOR BIN/ON-SALE LIQUOR, WINE OR 3.2 BEER Community Development Director Dale Runkle provided information to the Council regarding the application and stated the APC recommended approval of the matter. • Lynn Reimer (owner) presented the theme and the decor to the Council. Councilmember Egan questioned if there would be a change in the type of the restaurant. The owner stated there would be a change as a full service restaurant was proposed. Councilmember McCrea had questions regarding the bar area. The owner stated it would be 12% of the seating capacity. Councilmember Gustafson highly recommended the owner as a restaurant manager. Gustafson moved, McCrea seconded, the motion to approve a conditional use permit to allow on-sale liquor, wine or 3 .2 beer in a neighborhood business district for Flour Bin, Inc. restaurant, subject to the following conditions : 1. An approval of the liquor license investigation. 2 . All applicable code ordinances. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a liquor license for Flour Bin, Inc. restaurant, subject to the following conditions: 1 . An approval of the liquor license investigation. 2 . All applicable code ordinances. All voted in favor. Page 12/EAGAN CITY COUNCIL MINUTES December 20, 1988 EPISCOPAL CHURCH ADDITION Community Development Director Dale Runkle introduced the site plan to the Council. Pastor Martin informed the Council he was available for questions. Wachter moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan amendment from D-III to Public Facilities for the Episcopal Church Addition. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a rezoning from R-4 to Public Facilities for the Episcopal Church Addition. All voted in favor. Egan moved, Wachter seconded, the motion to approve a preliminary plat entitled Episcopal Church Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15 , 1987 , shall be complied with: A-1, B-1 , B-2 , B-3 , C-1 , C-2 , C-4 , D-1 , E-i , F-1 and G-1 . • 2 . The parking stalls shall be ten feet wide. 3 . The detailed landscaping plan will place emphasis on screening the parking areas from the public streets and the apartments to the north. 4 . The City shall inspect the single family home to insure all building codes are being satisfied. 5 . The access onto Lexington Avenue will be finalized with all concerned parties. The proposed access entrance to be constructed to a width of 30 feet. 6 . All signage shall conform to Code requirements. 7 . The proposed development is subject to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final plat phase of development. 8 . The finished floor elevation for the worship center shall be at least 984 feet. All voted in favor. 111 Councilmember McCrea noted that quality control should be considered. R-88. 94 Page 13/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 BUR OAK HILLS 2ND ADDITION 60—DAY EXTENSION TO RECORD FINAL PLAT Gustafson moved, McCrea seconded, the motion to approve the 60-day extension for the final plat filing date of December 18, 1988, to February 18 , 1989 for Bur Oak Hills 2nd Addition. All voted in favor. AMENDMENT TO CHAPTER 6 OF EAGAN CITY CODE MASSEUR/MASSEUSE LICENSE The Council discussed the necessity to modify Chapter 6. Wachter moved, Gustaf son seconded, the motion to continue the request by Molly Belokopitsky for amendment of City Code, Section 6 .40, Subd. 4 (d) , regarding the elimination of the wording that women can only massage women and men massage men to the February 7 , 1989 City Council meeting. All voted in favor. AMENDMENT TO CHAPTER 13 OF THE EAGAN CITY CODE MODEL HOME PERMITS Wachter moved, Gustafson seconded, the motion to approve an amendment to Chapter 13 of the Eagan City Code regarding model home permits which would restrict approval of the permits until after the final plat approval was approved. All voted in favor. AMENDMENT TO CHAPTER 2 OF EAGAN CITY CODE SALARIES OF MAYOR AND CITY COUNCILMEMBERS Councilmember Wachter stated the salaries did not fully compensate the members for their time. Councilmember Egan stated he felt the action should not be taken until the fall. McCrea moved, Gustafson seconded, the motion to approve a City Code revision to Section 2 .11 changing the Mayor' s salary to $600 .00 per month and each City Councilmember' s salary to $450.00 per month. All voted in favor. 1989 SALARY ADJUSTMENT FOR CITY EMPLOYEES City Administrator Tom Hedges informed the Council that each calendar year the City Council gives consideration to a cost-of-living adjustment to wages paid to non-union personnel. Councilmember McCrea stated staff should keep watch on the health care coverage. Mayor Ellison the health care costs was increasing rapidly. Page 14/EAGAN CITY COUNCIL MINUTES • December 20, 1988 Wachter moved, Egan seconded, the motion to approve a wage increase of 3 .75% for non-union personnel. All voted in favor. Gustafson moved, Wachter seconded, the motion to approve the payment for the total amount of single health insurance coverage and the lowest family plan amount for those employees choosing family coverage. All voted in favor. Egan moved, Gustafson seconded, the motion to approve the adjustment of other benefit requirements as necessitated by Section 89. All voted in favor. DNR DEER POPULATION SURVEY COST PARTICIPATION There was discussion regarding sharing the survey costs. Gustafson moved, Egan seconded, the motion to approve costs participation with the Department of Natural Resources to evaluate deer population in the City at 50% of the actual cost not to exceed $400 .00. All voted in favor. ADMINISTRATIVE AGENDA The Councilmembers were informed of an increase in rates for basic cable through the North Central Cable Company. Egan moved, Wachter seconded, the motion to ratify the list of Reaction Committee members reviewing the Community Center project. All voted in favor. Public Works Director Tom Colbert informed the Council that a joint Council/APC/Park Commission meeting was necessary to review the water quality management plan issues. A tentative date for the meeting was set for February 14 , 1989. There was discussion regarding a retreat in late January or early February. The City Administrator informed the Council the employees thanked the Council for the new copy machine. There was discussion regarding office remodeling and the City Administrator was given direction to proceed with modular office equipment for use by the Parks and Recreation Department. Egan moved, Gustafson seconded, the motion to schedule a special • City Council meeting to review commission appointments for January 10 , 1989. Page 15/EAGAN CITY COUNCIL MINUTES • December 20 , 1988 City Attorney Jim Sheldon informed the Council an executive session would be held following the Council meeting to review pending lawsuits. BILLS Wachter moved, Egan seconded, the motion to approve the check list dated December 20, 1988, in the amount of $1,016,525.20. All voted in favor. ADJOURNMENT The meeting was adjourned at 11:30 p.m. CITY OF EAGAN t , , By:`T . J. VanOverbeke s: City Clerk • • December 5, 1988 Dear Tom, I have applied to the governor for appointment to the Metropolitan Council for District 15. District 15 includes the city of Eagan. In the past this seat has been held by Mary Martin who is not seeking re-appoint- ment. Our city is not only the fastest growing city in the metro area but also the largest and fastest growing section of this district. Eagan has never had a representative on this council. I believe that we need to have a region approach to such issues as solid waste management, airports, transportation, corporate growth, land use and environmental concerns. I would very much appreciate your support in this endeavor. I would be 0 happy to discuss any concerns you may have. I can be reached at 454-1744 most hours of the day. Thanks for your consideration. Sincerely, Margaret Daniel Schreiner 1795 Monterey Lane Eagan, MN 55122 S TMN - - 52. "Nonconforming Use" - Use of land, building or structures which does not comply with all the regulations of • the City Code governing the zoning district in which such use is located, adopted subsequent to the initiation of said use. Subd. 16. I-1 Limited Industrial District. A. Permitted Uses. Within any "I-1" Dis- trict, no structure or land shall, be used except for one or more of the following uses or uses deemed similar by the Council: 1. Conducting a process, fabrication, storage or manufacturing light materials or wholesaling operation or providing a service including any of the fol- lowing or similar uses meeting the performance standards applicable to the "I-1" Districts 2. Automobile painting, upholstering, tire recapping, and major repair when conducted completely in an enclosed building. 3. Ice, cold storage plants, bottling works. 4. Offices. 5. Machine and welding shops. • 6. Paper products. 7. Tennis club, skating , theater , • bowling alley or similar indoor commercial recreation. 8. Radio and television. 9. Restaurants - Class I only. • 10. Research laboratories. 11. Trade school. 12. Warehousing and wholesaling and related sales or showrooms. 13. Storage yards for building materials provided they are suitably screened. 14. Armories or convention hall. 15. Animal hospital or clinic (with no outside kennels). 4. Loading docks, truck parking, or open storage shall not be permitted on the side of an "I-1" .. _ • rr • • 4 • BIETER COMPANY 5200 Willson Road, Suite 201 Minneapolis, Minnesota 55424 December 19, 1988 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota SUBJECT; Proposed Rezoning Park Center Addition Federal Land Company Dear Mr. Hedges! • The Bieter Company opposes the application of Federal Land Company for commercial zoning for its property north of Cliff Road and west of Cliff Lake Drive, Commercial zoning for the property would be inconsistent with the city's Comprehensive Guide Plan. It would also ignore the substantial public opposition there has been to further commercial development in the area, Commercial zoning for the site would increase traffic, add to the overburdening of roads in the area and degrade the quality of the nearly residential neighborhood, park, and school. It would be unfair and discriminatory to rezone this property to commer- cial despite an inconsistent guide plan designation when the city denied the Bieter Company's application for commercial zoning largely on the basis of such an inconsistency. Although the Bieter application did not present serious neighborhood opposition and adverse effects on traffic and neighborhood quality of the magnitude presented by this application, those factors were cited as reasons for denial of the Bieter application. Very truly yours, BIETER COMPANY /:// /' J L/ Ronald G. Cornwell Partner RGC/g sr