09/03/1996 - City Council Regular e
MINUTES OF A REGULAR MEETING OF THE
•
EAGAN CITY COUNCIL
Eagan, Minnesota
September 3, 1996
A regular meeting of the Eagan City Council was held on Tuesday, September 3, 1996 at 6:30 p.m.
at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin
and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of
Public Works Tom Colbert, and City Attorney Jim Sheldon.
Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda
as modified. Aye: 5 Nay: 0 ,xf /
ffi Councilmember Hunter requested on page 6,the first sentence of the second paragraph,the words
the difference between be deleted. He also requested that on page 11, the motion should be changed to
read, "a motion to receive the petition for a stop sign on Slater Road @ James Street north and approve
the installation of a three-way stop sign on Slater Road @ the southern intersection of James Street."
Mayor Egan noted a typographical correction to page 8, the last paragraph, Peterson should be
changed to Pedersen.
Councilmember Masin requested on page 12, the second sentence of the seventh paragraph, the
word be should be added before the word able. She also requested on page 17, the first sentence of the
second paragraph, Awada should be added after the word Councilmember.
Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the minutes
as amended. Aye: 5 Nay: 0
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Councilmember Masin requested that the first sentence of the last paragraph on page 2 end after
the word problem. She also requested the following sentence be added after the first sentence, 'Whatever
agreement is proposed should be very detailed and precise."
Councilmember Wachter moved,Councilmember Hunter seconded a motion to approve the minutes
as amended. Aye: 5 Nay: 0
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City Administrator Hedges gave an overview on this item. Joanne Seaberg of the Dakota Council
for Healthy Communities explained the concept of healthy, non-violent communities. She referenced the
peace packets presented to each of the Councilmembers and explained that she would be available to
provide support.
Councilmember Hunter moved, Councilmember Masin seconded a motion to approve a resolution
supporting the "Building Non-Violent Communities. . . Peace by Peace"campaign and pledging to support
and sustain violence prevention efforts and work towards eliminating violence in our community. Aye: 5
Nay: 0
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EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996 „ �`
• PAGE 2 4 et:r..jr3
CONSIDER CITY CODE AMENDMENT TO ADDRESS DISRUPTIVE PRESENCE
AT SCHOOLS OR PUBLIC PLACES
City Administrator Hedges gave an overview on this item. Chief of Police Geagan added that the
language proposed would give the police the authority to remove an individual who is creating a
disturbance in public places.
Councilmember Awada moved, Councilmember Masin seconded a motion to approve authorization
for staff to prepare a City Code amendment to address disruptive activities at schools or public places.
Aye: 5 Nay: 0
In regard to Item S, Confirm Procedure. Investigation. enforcement d possible revocation.
Richfield Blacktop Company Conditional Use Permit, Councilmember Awada asked about the
recommended action being proposed. City Administrator Hedges suggested that Item S be removed for
discussion, but not continued.
In regard to Item A, Letter of resignation of Mary Mills as a Clerical Tech II/Receptionist in the
• Finance Department, Councilmember Masin noted that she was the major contact person for those
residents who experienced storm damage, and thanked her for all her help and wished her well. Hedges
added that she has been an excellent employee and will be missed.
In regard to Item C, Contract 95-16.Approve Change Order#2(Well#18-Pump),Councilmember
Wachter asked Director of Public Works Colbert why the capacity of the aquifer exceeds the original pump
parameters and if this would be the last well that would need to be drilled. Colbert indicated the capacity
of the aquifer has historically allowed 1200 - 1400 gallons per minute to be pumped. He added that the
sandstone aquifer of this well is more porous which will allow a greater volume of water to be pumped from
this well without an affect on any of the other wells in the vicinity. He further added that by increasing the
size of the pump, there will be about a 50% increase of water from this well. He stated that this will be the
second to the last well needed in the south well field and he noted that the last well will not be needed for
another ten years.
In regard to Item G, Proclamation. Declaring October 26"Make a Difference Day". Councilmember
Masin asked if the City had any plans for any activities or programs in regard to this day and also in regard
to the Building Non-Violent Communities. . . Peace by Peace campaign. Hedges noted that the State also
acknowledges Cities Week. He stated that staff is preparing for Lone Oak Days and Cities Week. He said
that collaboration could occur in regard to Make a Difference Day and the Peace by Peace campaign. He
suggested that collaboration could occur with other cities as well. Councilmember Masin suggested
sending notices referencing the two proclamations to area churches.
In regard to Item 0,-Accept Quotes. Local &Wide Area Network System,Councilmember Wachter
asked for clarification on the information system and how it all interrelates. Hedges indicated there has
been a desire by the Council to network all the departments in the City. He stated there is a financial
advantage, as well as a technological advantage, having a network system. He added that E-mail will be
• available with networking and there will also be the ability to be on the Internet. He noted that
Councilmember Hunter has been involved with this process because of his expertise in computer
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996
• PAGE 3
technology. Kristi Peterson, MIS Coordinator, addressed the Council and added that networking will aid
departments to work more efficiently. She also stated it will help the City relate to other cities and the
community too. Councilmember Wachter asked if this was discussed in the budget. Hedges stated this
was separate from the upcoming budget, but was discussed a year ago by the Council. He noted that GIS
was discussed for the upcoming budget. Councilmember Wachter stated he did not want any duplication
of services in the budget.
In regard to Item S, Confirm Procedure. Investigation. enforcement and possible revocation,
Richfield Blacktop Company Conditional Use Permit,City Administrator Hedges provided an overview and
history of this item. City Attorney Sheldon discussed the chronological history surrounding this issue. He
stated the City has scheduled September 26 as the date to check for compliance on the conditional use
permit issues by Richfield Blacktop Company. He added that Richfield Blacktop has indicated they will
request amendments to some of the existing conditions via a new CUP application. He said that the issue
before the Council is whether the conditions of the conditional use permit are being complied with and not
the use itself. He added that the use has been determined to be a permitted use, subject to the conditions
of the conditional use permit. He went on to discuss the revocation process for the conditional use permit.
He suggested the Council make the determination on September 26 regarding compliance and also
whether or not to set a public hearing for revocation or make a determination about the request for an
amended conditional use permit that will be before the City Counci at a future datel. He mentioned that
the parties involved have their own remedies they are entitled to seek, apart and separate from any action •
the City Council takes.
Councilmember Masin stated the two main problems are the diesel fumes and the noise associated
• with this operation and added that these two issues will not be addressed with conditional use permit
compliance. Sheldon said that the conditional use permit does not address diesel fumes nor the noise
issues. He added these are use issues and the City Council has already determined that this is an
appropriate use for the site. He added that noise and fumes could exist whether or not this particular
company was at this site. Councilmember Masin asked if it would be helpful, during the period the
company is coming into compliance,for air quality testing and noise level testing to be conducted. Sheldon
stated that with respect to the conditional use permit and code violations being addressed by staff, these
issues are not being addressed at this time. Sheldon noted the process that is being followed is timely and
quick in regard to due process for all parties. He suggested that if a determination is made that the
company is not in compliance with the terms of the conditional use permit, a public hearing date should
be set approximately 30 days out, and the Council can then conduct the hearing and make a determination
regarding revocation.
Councilmember Hunter stated that if the conditions of the conditional use permit are met, then the
use is acceptable. He added that he supports following the same procedure in every instance.
In regard to Item V, Tobacco License. Cellars Wine & Spirits. Councilmember Wachter stated he
was voting against this item, and would vote against all tobacco licenses in the future, to ensure the
protection of youth.
A. Personnel Items
Item 1. For information only; no action required. The person to be recommended as a Water Production
Maintenance worker is Paul Teicher.
Item 2. It was recommended to approve the hiring of Brandon Cashman as a Skate Guard at the Eagan
Civic Arena.
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EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
PAGE 4
Item 3. It was recommended to accept the letter of resignation of Mary Mills as a Clerical Tech
II/Receptionist in the Finance Department.
B. Recommendation. Airport Relations Commission. Support of Aviation Noise Limit Act. It was
recommended to approve a recommendation of the Airport Relations Commission to support the Federal
Aviation Noise Limit Bill.
C. Contract 95-16. Approve Change Order #2 (Well #18 - Pump). It was recommended to approve
Change Order No. 2, Contract 95-16 (Well No. 18 - Pump) and authorize the Mayor and City Clerk to
execute all related documents.
D. Contract 96-02. Approve Change Order#2 (Well #18 - Site Improvement). It was recommended to
approve Change Order No. 2 to Contract 96-02 (Well No. 18-Site Improvements)and authorize the Mayor
and City Clerk to execute all related documents.
E. Project 691. Receive final assessment roll/schedule public hearing(Nicols Road). It was recommended
to receive the final assessment roll for Project 691 (Clemson Drive - Streets & Utilities) and schedule a
public hearing to be held on October 1, 1996.
F. Project 681. Receive final assessment roll/schedule public hearing (Nicols Road). It was recommended
to receive the final assessment roll for Project 681 (Nicols Road-Street& Storm Drainage Improvements)
and schedule a public hearing to be held on October 1, 1996.
• G. Proclamation. Declaring October 26 "Make a Difference Day". It was recommended to proclaim 96.63
Saturday, October 26, 1996 to be "Make a Difference Day" in the City of Eagan.
H. Amend. Development contract completion dates for DeLosh Addition - Wayne Brekken. It was
recommended to approve a request to amend the completion dates in the approved development contract
for DeLosh Addition.
I. Amend. Development contract completion dates for Town Centre 100 Sixteenth Addition -Allina. It was
recommended to approve an amendment to the development contract completion dates for the Town
Centre 100 Sixteenth Addition (Allina Health Systems) located at the SW intersection of Lexington Avenue
and Yankee Doodle Road.
J. Preliminary Planned Development Final Planned Development and Final Subdivision (Safari at Eagan
Third Addition) Fortune Realty. This item was continued to the September 17, 1996 City Council meeting.
K. Public Works Committee Action (Eagandale Corporate Center). It was recommended to receive the
recommendations of the Public Works Committee and deny the request of Maplewood Acres, Inc., for the
Eagandale Corporate Center Addition.
L. Final Subdivision. (Eagandale Corporate Center) Maplewood Acres Inc. This item was continued to the
September 17, 1996 City Council meeting.
M. Final Subdivision. (Seneca Hills) IGA Investment Group. This item was continued to the September
17, 1996 City Council meeting.
• N. Final Planned Development and Final Subdivision. (Timberwood Village) Derrick Investment No. 91. 96.64
It was recommended to approve a Final Subdivision (Timberwood Village Addition) consisting of 16 lots
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
PAGE 5
on approximately 14 acres at the southwest corner of Lone Oak Road and Pilot Knob Road in the NE 1/4
of Section 9. It was recommended to approve a Final Planned Development to allow construction of 63
condominiums on Lots 1-16, Block 1 Timberwood Village Addition, on approximately 14 acres located in
the NE 1/4 of Section 9.
O. Accept Quotes. Local &Wide Area Network System. It was recommended to accept the low quote of
OPM Information Systems for the local and wide area network hardware and software, authorize a request
for bids for the network cabling and wiring, and approve funding the network system project from the 1995-
1999 MIS CIP allocation.
P. Resolution.Approving special legislation authorizing additional on-sale intoxicating liquor license. It was 96.65
recommended to approve the resolution approving special legislation authorizing additional on-sale
intoxicating liquor licenses.
Q. Kern. DeWenter.Viere. Ltd.. Eng-gement letter for auditing services-year ending December 31. 1996.
It was recommended to approve the engagement letter for Kern, DeWenter, Viere, Ltd., to provide auditing
services for the year ended December 31, 1996.
R. Authorize. plans and specifications for Emergency Vehicle Preemption. It was recommended to
authorize the preparation of detailed plans and specifications for Contract 97-01 (Emergency Vehicle Pre-
emption System) at all signal locations within the City.
• S. Confirm Procedure. Investigation. enforcement and possible revocation. Richfield Blacktop Company
Conditional Use Permit. It was recommended to schedule a public hearing for October 1, 1996.
T. Resignation.APRNRC. It was recommended to accept the letter of resignation from the Advisory Parks,
Recreation and Natural Resources Commission of Ken Tyler.
U. Extension. for recording of the plat for Galaxie Cliff Addition (Kindercare). It was recommended to
approve an extension of recording of the final plat for Galaxie Cliff Addition until December 31, 1996.
V. Tobacco License. Cellars Wine & Spirits, It was recommended to approve a tobacco sales license for
Cellars Wine & Spirits located at 2113 Cliff Road. (Councilmember Wachter voted against this item.)
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the consent
agenda as amended. Aye: 5 Nay: 0
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VACATE ALDRIN DRIVE
Mayor Egan opened the public hearing to anyone wishing to speak. There was no one wishing
to speak.
Councilmember Hunter moved, Councilmember Awada seconded a motion to continue the public
hearing to the September 17, 1996 City Council meeting. Aye: 5 Nay: 0
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EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996y �
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PROJECT 708, (WESCOTT ROAD EXTENSION & PILOT KNOB ROAD SIGNAL REVISION)
City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave
a staff report. Tom Sohrweide, Short, Elliott, Hendrickson, Inc., discussed the proposed improvement,
including easements, permits, cost estimates, assessments and the project schedule. He added that they
are requesting the City approve Option 1, which is for the developer to pay 100% of the costs.
Councilmember Masin asked why the County was not allowing a median. Sohrweide stated that
the County did not want a median because it would create alignment problems since there would only be
a median on one leg of the intersection creating left turn safety concerns.
Mayor Egan opened the public hearing to anyone wishing to speak. Rollie Crawford, attorney for
Jim Home, addressed the Council and stated that the initial entrance to the development was planned
further to the north. He added that this new access is preferable to both the developer and the City. He
further added that the drawbacks were residents having to drive through what is essentially a municipal
parking lot. He noted that they wanted to have a classy entrance with a median, but noted that a median
will not work at this location. He went on to discuss the cost estimate. He stated the developer would be
willing to pay the equivalent cost of a residential street with the City assuming the rest of the cost. He
added that the controlled access benefits the residents, as well as the City. He requested the costs to the
City consist of the relocation of the signal lights and the construction of the parking area. He suggested
that their contractor perform all the work, except the relocation of the signals, in order to reduce the cost
of the project. He added that the developer would be willing to add additional landscaping.
• There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Director of Public Works Colbert stated that the justification for assessing the full cost of the project to the
developer was in providing the only access to the plat at this location.
Councilmember Wachter asked what advantage the developer would have received by using the
initial access rather than this proposed access. He stated he felt this new access was advantageous for
the development for the safety of the future residents. Colbert indicated that staff tried to address the
benefits of the initial entrance at the time of plat consideration. He added that the site lines were not good
at the initial entrance and he further added it would have been difficult to get in and out of the subdivision
without any traffic control. He said they worked with the developer, who was cooperative, in trying to
evaluate the opportunities to come out to a signalized intersection at Wescott Road. Councilmember
Awada asked what it would have cost to put the access where it was originally proposed. Colbert stated
a cost estimate was not prepared and estimated it would be approximately the $34,000 residential
equivalent as identified in the report.
Councilmember Wachter discussed how this access would affect the Fire Administration building.
Councilmember Masin asked if Mr. Home would have been allowed to create the northern access. Colbert
stated that the initial access was approved with the first preliminary plat. He indicated that the City and the
County worked with the developer to have him give consideration to relocating the access. Councilmember
Masin asked if the developer had been told, if they moved the access point, that the City would participate
in the new design. Colbert did not recall making any commitment to that affect. He added that the Council
gave staff direction to come back with options. Councilmember Hunter stated that both parties benefit from
the access at the new location. He noted that the developer benefits by getting right-of-way and better
access. He further noted that the City's responsibility is the relocation of the signal. He stated that the
right-of-way is being given to allow for a wider road. Councilmember Wachter said that Option 2 is the
fairest one of all the options.
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• EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
PAGE 7
Discussion occurred regarding the median. Councilmember Masin suggested working cooperatively
with the developer on landscaping so that the City property will blend in with the developer's landscaping.
Colbert stated the cost estimates do not include any landscaping improvements.
Councilmember Wachter moved, Councilmember Hunter seconded a motion to close the public
hearing and approve Option 2 (City cost $64,225 and developer cost $60,420) of Project 708, without a
center median,and require the developer to provide the entrance landscaping and authorize the preparation
of detailed plans and specifications. Aye: 5 Nay: 0
Colbert asked for further clarification on landscaping. Mayor Egan stated he preferred the
developer do the landscaping and come back with a proposal. Mr. Crawford stated that would be
acceptable and asked if the project could be done as a part of their overall street construction in order to
shorten the timeframe and reduce the cost. Colbert said that the portion the City is proposing to fund is
associated to the relocation of the signal. He noted that this is a Dakota County signal and there would
be a cost participation agreement between the City of Eagan and Dakota County to share the cost. He
added that expenditures of public dollars must be done through a public improvement contract. He further
added that the remainder of the costs,which are the developer's obligation, is up to the Council's discretion
if the developer should perform the improvement and turn it over to the City for maintenance or if the
improvements should be done under City contract. He noted that these details could be worked out with
the developer if the Council would be willing to provide the flexibility for both options. Councilmembers
concurred that the developer should have the option of doing the project at the lowest cost possible, as
long as it meets City standards. Colbert stated he would not feel comfortable with the developer performing
• any of the signal revisions or modifications. Councilmembers concurred. Colbert indicated that the cost
of the feasibility report would be split based on the participation.
PRESENTATION OF COMMUNITY SURVEY/WALLACE GROUP
City Administrator Hedges gave an overview on this item. Roy Wallace, representing the Wallace
Group, discussed the results of the community survey. Mayor Egan thanked Mr. Wallace for presenting
the favorable survey results and for his efforts. Councilmember Hunter stated he was pleased with the
results of the survey, as well as the quality of the survey, as prepared by the Wallace Group. He noted
that, although the City has taken steps to improve the notification process in regard to development
proposals, more creative steps still need to be pursued. He suggested publishing notices in the newspaper
using street addresses vs. legal descriptions. Mayor Egan said that the product that has been produced
carries a great deal of credibility. Councilmember Masin thanked the participants who took part in the
survey. Mayor Egan stated that the survey results are used to improve deficiencies that are perceived by
residents. Councilmember Wachter noted that the report is available to the public.
Hedges thanked Assistant to the Administrator Holly Duffy and Communications Coordinator
Joanna Foote for working with the Wallace Group. Mr. Wallace thanked both of them and also
acknowledged Plasman Compass and Frazee Research Associates for their assistance. Councilmember
Masin suggested that copies of the report be sent to the three school districts.
Councilmember Wachter moved, Councilmember Masin seconded a motion to receive the results
of a survey of residents, attitudes and opinions as submitted by the Wallace Group. Aye: 5 Nay: 0
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EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
• PAGE 8
0001105004
AMENDMENT, CITY CODE CHAPTER 6.37 AND 10.01
LICENSING OF CONSTRUCTION DEBRIS HAULERS AND THE STORAGE OF
CONSTRUCTION DEBRIS
City Administrator Hedges gave an overview on this item. Councilmember Hunter asked about the
notification list and where it originated from. Communications Coordinator Joanna Foote stated that the
list originated from the Building Inspection Department and included builders who have been active in
Eagan during the past two years.
Councilmember Wachter moved, Councilmember Hunter seconded a motion to approve an
ordinance amending Eagan City Code, Chapter 6.37 and 10.01, to require licensing of firms hauling
construction or demolition debris and amending City requirements for the storage of construction debris,
as presented.
Councilmember Awada stated she is opposed to more regulation for this industry and feels the cost
will be passed on to the consumer and will not affect any builders. Councilmember Hunter noted that he
is supporting this because, as the last 20% of the City is being built out, every construction activity will be
next to someone and there needs to be more control. Councilmember Wachter concurred and stated that
it will be an advantage for the builder to have these systems in place. Ms. Foote added that she has
documented eight phone calls since the letters were sent, and the questions were primarily for clarification.
• She noted that seven of the eight calls were opposed to the amendment. She further noted the primary
concern was if the City would limit the number of licenses issued. She added that other concerns were
competition, due to limited licenses being issues, and some callers also felt this would hinder small
business people more than larger industry.
Roll call was taken on the motion. Aye: 4 Nay: 1 (Councilmember Awada opposed)
CONSIDER PETITION FOR STOP SIGN - DEERWOOD DRIVE AT RIVERTON
City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave
a staff report. Councilmember Hunter asked about the radar traffic survey mentioned in Kevin Putt's letter.
Colbert indicated the residents' survey contained a variety of speeds recorded, but not all the dates were
included and some of the dates did not correspond to 1996. He also noted that the locations where the
speeds were taken were not identified. He stated the Engineering Department then conducted their typical
speed analysis. Councilmember Wachter stated there are two different speed limits on Deerwood Drive.
Colbert stated that there is a speed limit sign of 40 mph on Deerwood Drive west of Pilot Knob Road, and
then there is a reduced speed zone for the school district, which reduces the speed limit to 30 mph when
children are present, and then the 40 mph speed limit resumes past the school. Councilmember Wachter
suggested making Deerwood Drive 30 mph the entire way. Mayor Egan asked Colbert if MnDOT would
allow the speed limit to be changed. Colbert indicated that MnDOT has already officially set the speed limit
at 40 mph from Pilot Knob Road to east of Riverton. He added that the area from Riverton to Blackhawk
is classified as an urban district allowing the City to reduce the speed limit to 30 mph.
Kevin Putt, 1737 Deerwood Drive, addressed the Council and referenced the petition that was
submitted to the Engineering Department. He stated his concern with the excessive speed was based on
the fact that he is a police officer and also a resident of the area. He noted that Jim and Joan Lasser, 1713
• Deerwood Drive, approached him and he explained to them the procedure to request a speed survey be
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
• PAGE 9
conducted by the City. He further noted that he received permission from Captain Sewald to use a spare
radar unit. He explained that he showed the Lassers how to use the radar unit. He suggested that Director
of Public Works Colbert should have contacted the Lassers to clarify the questions associated with their
speed study. He said that the City performed a speed study, which was conducted by an Engineering
Intern, and it was not performed correctly. He mentioned that, at the corner of Riverton and Deerwood,
there is a house with a fence which can obstruct vision, depending on the stopping point of a vehicle. He
discussed the issue of safety with regard to crossing Deerwood Drive to get to Blackhawk Park and the
school.
Colbert stated that the results of a subsequent speed study that Mr. Putt personally conducted
correlated with the results of the speed study conducted by the City. He stated that he agreed with the
analysis of the speeds on Deerwood Drive, but he said he did not feel there were any site obstructions at
the intersection of Riverton and Deerwood Drive. Councilmember Hunter stated that it is important to
respond to the customer. He said that the analysis of the speed studies by both the City and Mr. Putt are
the same. He referenced the MnMUTCD, which states, "Stop signs should not be used for speed control."
He noted that if the Council believes that statement, they need to adhere to it. He asked Colbert how
factual that statement was. Colbert stated that studies have been done that have shown that speeds in
between stop signs tend to increase as a result of drivers trying to make up for lost time spent stopping,
at what a driver perceives, at unwarranted stop signs. He further stated that if a roadway is conducive to
a certain speed and a stop sign is interjected at a location that is not anticipated, there is an opportunity
for a driver to ignore the stop sign creating a hazardous situation. He added that stop signs were meant
for traffic control and not speed control according to MnDOT.
• Councilmember Awada said that there needs to be a safe intersection where people can cross.
She noted that stop signs in residential areas are good and provide a safe crossing. She further noted that
she feels this way about other stop signs as well. Colbert provided clarification on the trail and the sidewalk
along Deerwood Drive. Councilmember Wachter stated that if the stop sign is approved, there will be many
more requests for stop signs in order to help reduce speed. Mayor Egan added that a functional street
system is designed to get people safely from point A to point B and putting stop signs where they do not
meet warrants would create dysfunctional traffic. He further added that staffs recommendation and the
MnMUTCD guideline should be followed. He noted that safety issues need to be resolved correctly without
creating greater problems. Councilmember Masin•asked if the request for the stop sign was based on the
speed issue vs. traffic. Mr. Putt stated the residents on the east end of the block have difficulty in getting
out of their driveway. He mentioned that there has been exhaustive radar enforcement done and there is
no sustained affect on speed.
Mayor Egan reiterated that the results obtained by Mr. Putt's speed survey support the results of
the staff and the information as stated in the MnMUTCD. Councilmember Awada questioned what other
options are available to control speed. Councilmember Wachter suggested putting pressure on the
Highway Department to change their opinion of the speed limit. Councilmember Hunter stated the Council
has established a policy with regard to the installation of stop signs and needs to follow that policy in every
situation, unless warrants are met or unless there is a specific attractor, i.e., a school or a park.
Councilmember Wachter moved, Councilmember Hunter seconded a motion to receive the petition
for the installation of stop signs on Deerwood Drive @ Riverton Avenue and deny the installation of the
request for an all-way stop condition. Aye: 4 Nay: 1 (Councilmember Awada opposed)
CONSIDER PETITION FOR STOP SIGN -WILDERNESS CURVE &WILDERNESS LANE
• City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave
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EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
• PAGE 10
a staff report.
Councilmember Hunter moved, Mayor Egan seconded a motion to receive the petition for an all-
way stop condition at the intersection of Wilderness Curve and Wilderness Lane and deny the installation
of the requested stop signs. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT- CITI-CARGO STORAGE CO. INC.
Mayor Egan turned the meeting over to Acting Mayor Hunter due to a potential conflict of interest.
City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff report. Allen
Ofstehage, Senior Vice-President/Secretary W.D. Larson Companies, LTD., Inc., Citi-Cargo Storage
Company and Allstate Leasing Corporation,addressed the Council and discussed their business use,which
is the renting and leasing of trucks and trailers. He stated that the drop from Highway 13 to the bottom
of Yankee Drive is about 30 feet, which would make it difficult to screen. He added that from the bottom
of Yankee Drive their parking facility is completely screened by the berm and full grown spruce trees. He
noted that their business is somewhat seasonal. He went on to say that when he appeared before the
Planning Commission on July 23, the issues of visibility and the size of the parking lot were raised. He
added that, at the meeting, he asked for the decision to be continued to the August 27 APC meeting. He
further added that, in the meantime, he engaged the services of BRW Engineering to try and create
solutions to the objections. He stated he feels they do fit well in the neighborhood with their business use.
Councilmember Wachter asked if the landscape plan had been presented. Ofstehage stated that
a landscape plan had been submitted. Councilmember Hunter asked if the issue of water quality had been
addressed. Ridley stated that it had been addressed. Councilmember Awada noted that the applicant is
asking for storage to be the principal use on Outlot B and she asked if storage was ever allowed as a
principal use before. Ridley said that an ordinance was adopted last year addressing situations where
businesses were landlocked and needed more parking or storage due to the growth of the company. He
added that as long as the use proposed was within 600 feet of the principal site, they could apply for a
conditional use permit for off-site storage and/or parking as a principal use of that parcel, provided that it
is servient to the principal parcel. He further added that if the use changes,then the conditional use permit
is no longer valid.
Councilmember Masin asked if this proposal would be addressed under the Trucking Study that
is being conducted. Ridley stated this use would be addressed in that study. He noted that the study will
primarily address trucking facilities that impact residential areas. He further noted that there will be
residential coming to the southeast of this area. Councilmember Masin asked if there would be any merit
in continuing this item until the study is completed. Councilmember Hunter asked about the time limitation.
City Attorney Sheldon stated that the Council has 60 days to act on the proposal, unless an extension is
received from the applicant.
Sharon Zauhar, a representative of Blue Cross Blue Shield of MN, addressed the Council and
expressed their concerns regarding the aesthetics of the parked trailers. She also stated that the majority
of the space to be occupied by the trucking facility is proposed for storage. She added they would prefer
indoor storage of the trailers. She further added that they are concerned with increased traffic and the
safety of the employees of Blue Cross Blue Shield and the residents of the area.
Councilmember Wachter stated that, although there is natural screening from Highway 13, this use
would not be advantageous to future residents of the area. Councilmember Masin concurred.
S Councilmember Hunter asked the City Attorney if the reasons for denial that were given by the Planning
Commission on August 26 were sufficient to prepare Findings of Fact. Sheldon stated that the Council's
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996 a
PAGE 11
discussion, along with the Planning Commission's minutes and discussion were adequate to prepare
findings. He further stated the Council should direct the preparation of the findings. Councilmember Hunter
asked if the Council would be within the 60 day timeframe if they moved to prepare findings and ratified
them at the next meeting. Sheldon replied that the Council needed to act tonight.
Councilmember Wachter moved, Councilmember Masin seconded a motion to deny a Conditional
Use Permit for Citi-Cargo Storage Company to allow storage of up to 145 semi-trailers as a principal use
on Outlot B, Mardelann Addition, located north of Blackhawk Road, south of Yankee Drive and west of
Trunk Highway 13 and order the preparation of findings based on discussion as stated in the July 23, 1996
and the August 26, 1996 APC meeting minutes and Council discussion. Aye: 4 Nay: 0 (Mayor Egan
abstained on this vote)
Acting Mayor Hunter turned the meeting back to Mayor Egan.
CONDITIONAL USE PERMIT-SHAW-LUNDQUIST, INC.
City Administrator Hedges stated that a letter was received from the applicant requesting an
extension of their item to the September 17, 1996 City Council meeting.
Councilmember Masin moved, Councilmember Hunter seconded a motion to continue this item to
the September 17, 1996 City Council meeting. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT -DERRICK INVESTMENT, INC.
City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff
report. Roger Derrick, applicant, addressed the Council and stated the site grading is complete and it is
all seeded and mulched. He added the purpose of this proposal is not intended to be an ongoing mining
operation. He mentioned that pulverizing was done at a development in Lakeville a couple of years ago
and there were no complaints received. He clarified that the reason dirt is pulverized is to make topsoil.
He stated that pulverization is only done when there is a truck ready to haul away the dirt.
Councilmember Wachter stated that when dirt is pulverized it cannot be too wet or too dry. He
added there will be dust associated with the operation. He stated he would like to see the dirt hauled away
and pulverized somewhere else. Councilmember Masin asked about the noise that will be created as a
result of this operation. Mr. Derrick stated that there is noise associated with the operation, but added it
is not real high-powered noise. He further stated that they selected the site that was far enough away from
anything to avoid any problems. Councilmember Wachter expressed a concern with the dust creating a
safety hazard. Mr. Derrick indicated this operation is done when the dirt is damp and they also have a
watering machine available to keep the dust down. He added that pulverizing does not take place during
the winter. Councilmember Hunter asked for clarification of the conditions as recommended by the APC.
Ridley stated that the first three conditions need to be met prior to issuance of the permit and the second
set of conditions are ongoing during the length of the permit. Councilmember Hunter stated the conditions
allow for more control than without them.
Councilmember Hunter moved,Councilmember Awada seconded a motion to approve a Conditional
Use Permit for Derrick Construction to allow the operation of a dirt pulverizer on property located at the NW
corner of Pilot Knob Road and Towerview Road in the NE 1/4 of Section 9 subject to the 14 conditions
recommended by the Advisory Planning Commission as follows:
• 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
• EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
PAGE 12
submitted to the City.
2. The applicant shall provide the City a plan showing dust control measures throughout the
site.
3. A$5,000.00 escrow or irrevocable letter of credit shall be deposited with the City to ensure
all ongoing conditions of the CUP are performed.
The Conditional Use Permit shall be continually subject to the following conditions:
1. The processing operation shall be limited to the location shown on the site plan dated July
26, 1996.
2. The hours of operation shall be limited from 7:00 a.m.to 5:00 p.m. Monday through Friday.
3. The pulverizer shall not operate when weather conditions will cause blowing dirt and dust
off of the subject site.
4. Trucks shall not haul processed dirt when weather conditions will cause blowing dirt and
dust off of the subject site. Truck trailers shall be covered when in transit to and from the
site.
5. All trucks shall access the site via Towerview Road.
6. The noise levels generated from the site shall not exceed the limitations o s allowed by City
Code for a residentially zoned district. City Code allows noise levels not to exceed 65
decibels during daytime hours for residentially zoned districts.
7. The processed dirt shall be covered at all times or continually watered.
8. The site of operation shall be continually watered.
9. Water equipment used for dust control shall be available on-site at all times.
10. Silt fencing shall be installed around the perimeter of the site to prevent unnecessary
erosion associated with the use.
11. The developer shall clear any soil, earth or debris from the streets within or adjacent to the
property resulting from the proposed operation on a weekly basis or as needed determined
by City staff. The applicant shall be responsible for costs associated with the cleaning of
public streets.
12. No earth material or any other product may be imported onto the site for storage or
processing.
13. The sale of produce, goods, or merchandise shall not occur on the site at any time.
14. The use of the pulverizer and the transporting of dirt from the site shall terminate on June
IP30, 1997.
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996 q
• PAGE 13 ' y
Aye: 4 Nay: 1 (Councilmember Wachter opposed)
FINAL PLANNED DEVELOPMENT-CAR CARE MUFFLER& BRAKE
City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff
report.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final
Planned Development to allow construction of a Car Care Muffler& Brake shop on Lot 4, Block 1, Thomas
Lake Center (Blackhawk Park PD) in the SW 1/4 of Section 28, subject to the following conditions:
1. The Final Planned Development for Lot 4, Block 1, Thomas Lake Center will include a
4,320 s.f. Car Care shop and 57 parking spaces, landscaping, signage, lighting, and
building materials as shown on plans submitted.
2. Recording of a cross-parking agreement at Dakota County to allow the proposed parking
lot to adjoin the existing parking lot to the east.
3. The applicant will work with City staff to modify the landscape plan.
4. Execution of a Final Planned Development Agreement prior to commencement of site
development activities.
Aye: 5 Nay: 0
CONSIDERATION OF PROPOSED 1997 PROPERTY TAX LEVY,
PROPOSED 1997 BUDGET, SET TRUTH IN TAXATION HEARING DATES
City Administrator Hedges gave an overview on this item. He stated that the tax capacity rate has
been reduced for 1997 over that of 1996. He further stated that if the Park Bond Referendum should pass
on September 10, it would be necessary to adjust the ad valorem tax levy. He added that it was being
suggested the City Council defer their final action until the September 12 work session, at which time the
ballots would be canvassed and the ad valorem tax levy would be certified. He explained that the action
the Council will be taking is to adopt the preliminary budget and the final budget will be adopted in
December after Truth-in-Taxation public hearings are held in December. He stated the second part of the
action the Council needed to take was to set the Truth-in-Taxation dates. He noted the dates for the
hearing cannot conflict with other public meetings. He added it has been the Council's suggestion that the
regular Council meetings in December be rescheduled to December 4 and December 16, with a
continuation hearing to be held on December 11, if necessary. Discussion occurred regarding modifications
to the preliminary budget.
Councilmember Awada moved, Councilmember Wachter seconded a motion to defer ratification
to the Council work session on September 12, 1996. Aye: 5 Nay: 0
City Administrator Hedges read a letter addressed to the Mayor from the Mayor of Apple Valley
thanking him and the Council for their participation in the four-city summer social.
Mayor Egan reported on the public hearing that was held in regard to the Metropolitan Airport
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996 `
• PAGE 14
Commission Mitigation Committee.
CENTRAL PARK TASK FORCE -SCENIC ENTERPRISES
City Administrator Hedges gave an overview on this item. Councilmember Hunter stated he did
not envision this task force to be the Central Park Task Force. He added that he thought this task force
would be a preliminary step to see if there would be a possibility of including Scenic Enterprises in with the
task force study for the central park. He further added that if Scenic Enterprises, Unisys and Lockheed are
not interested in participating in the central park scenario, then other proposals can be voted on their own
merits. He said that if these entities are showing interest and flexibility, then the task force can classify
them as contenders and pass them along to a bigger task force. Hedges stated that the September 10
referendum has identified many candidate sites and the funding ability of the Council could change as a
result of the outcome of the referendum. He noted that even if the referendum does not pass, it should
not preclude the City from looking long-term at the central park. Councilmember Awada suggested taking
one member from the APC and one member from the APRNRC, along with a staff member from the Park
and Recreation and Community Development Departments to conduct research. Councilmember Hunter
suggested having them meet a couple of times. Councilmember Wachter stated he would like to get a
response from Lockheed-Martin regarding this proposal.
Councilmember Hunter moved, Councilmember Awada seconded a motion to establish a
preliminary task force consisting of one member from the APC and one member from the APRNRC, along
with a staff member from the Park and Recreation and Community Development Department for the
purpose of reviewing park opportunities on the Unisys property as part of the consideration of the Scenic
Enterprises proposal. Aye: 5 Nay: 0
Director of Public Works Colbert indicated staff has been receiving an increasing number of
requests for stop signs. He stated that the requests require a great deal of staff time to review and many
of the requests will not meet the warrants. He asked the Council if staff should continue to allocate the
resources to formally review these proposals and submit the findings to the Council or if staff should
present preliminary findings along with the petition for Council evaluation. Councilmember Hunter asked
if residents could be given training and a radar gun in order to conduct a speed study. Mayor Egan said
it would be difficult to train each resident the proper techniques for using the radar gun. City Administrator
Hedges stated that the process is consuming a lot of staff time and time on the agenda. Councilmember
Hunter stated that a policy should be established, which would adhere to the guidelines and be uniformly
applied, unless there is a specific attractor, i.e. school or park. Councilmember Masin stated she voted
against the installation of the stop sign on Deerwood and Riverton because of consistency, but added when
police officers feel there is a safety problem, it must be addressed even though it may not meet the
warrants. Mayor Egan stated that is it important to deal with the scientific data and educate the public so
they understand the Council's position. Discussion continued regarding the installation of stop signs and
other alternatives.
Colbert stated that he is on a committee to discuss traffic calming techniques. He said that staff
is concerned with giving residents the false impression that, by going through the petition process, the
requested stop signs will be installed. He asked if the Council would be comfortable if staff would take a
• stronger position initially in evaluating if stop sign requests will meet the warrants. Councilmember Hunter
said he felt it would be acceptable for staff to give residents a preliminary opinion, along with the option
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
• PAGE 15
of going through the process if they do not agree with the opinion. Colbert asked if the residents requested
to appeal the opinion, should the petition, along with a preliminary analysis, be presented to the Council
for them to determine if it warrants further study. Councilmember Hunter stated it should be handled that
way because there will be special circumstances. Councilmember Wachter concurred that the process for
handling stop sign requests should be changed and requested that the Council still be informed of those
requests.
City Administrator Hedges noted that arrangements need to be finalized for the National League
of Cities Conference that will be held in San Antonio, Texas in December.
Councilmember Wachter stated he feels the Eagan Convention and Visitors Bureau can operate
on its own without the assistance Northern Dakota County Chamber of Commerce. Mayor Egan said that
they will be meeting with Sherrie Wallace, President-elect of the Eagan Chamber of Commerce, regarding
the void the Small Business Administration seems to have filled. He added the Chamber would like to be
more proactive.
Councilmember Wachter said he was disappointed to see the Cracker Barrel Restaurant closed
and stated that if there had been some signs before Lone Oak Road, it may have helped their business.
Senior Planner Ridley stated that MnDOT has set spacing requirements regarding signage and, because
of the proximity of Lone Oak Road to 494, they were not allowed.
Discussion occurred regarding the ratification of the preliminary budget and the canvassing of
ballots on September 12.
• Mayor Egan gave City Administrator Hed
Home Page. ges a letter regarding Internet access and obtaining a
Councilmember Wachter moved, Councilmember Hunter seconded a motion to set a Special
Council meeting on September 17, 1996 at 5:00 p.m.
Mayor Egan asked when the City of Eagan is going to connect with the Burnsville Parkway.
Colbert indicated that the connection has been made via Slater Road.
Councilmember Masin reminded people to vote on September 10. City Administrator Hedges gave
an overview of the ballot design. He stated that there will be an added feature on Channel 16 regarding
the election, the process and polling locations. He indicated it may not be available before the 10th, but
it will be available in the future. Councilmember Hunter asked if results of the Primary election will be
shown on Channel 16. Hedges stated the results of the General election would be shown and added he
would check on whether the results of the Primary election would be televised.
Councilmember Masin commented on the new Jensen Supper Club.
Councilmember Hunter and the other Councilmembers discussed the Open Issues List. In regard
to Item 15, which references who should be assessed for sidewalk installation, Councilmember Hunter
stated that a policy needs to be made. Hedges asked the Council for direction in regard to public hearings
pertaining to the maintenance of winter trails. Councilmember Hunter stated he would like to start slow by
contracting for maintenance around the schools and hold public hearings in the winter to see if maintenance
should be broadened. Councilmembers concurred that plowing should be done on a contractual test basis
and then the public hearing process should be explored after the Director of Parks and Recreation has
made a recommendation to the Council.
e-a ,w
EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 3, 1996
• PAGE 16
Councilmember Masin stated that she attended a seminar entitled, "The Affects of Land Use
Changes", with speakers Dan McElroy and Rick Packer, and said that it was videotaped and might be a
useful tool for the Council and new commission members to view.
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated August 29, 1996 in the amount of$1,816,201.87. Aye: 5 Nay: 0
The meeting adjourned at 11:10 p.m.
MLK
September 3, 1996
9.4• /4 ._
Date Ci erk
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-
8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status or status with regard to public assistance.
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