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02/06/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 6, 1990 AGENDA A regular meeting of the Eagan City Council was held on Tuesday, February 6, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges recommended the following changes to the agenda: Item D of Old Business and Item G of New Business were recommended for continuance to the February 20, 1990, regular City Council meeting. Item V, Final Plat, Manor Lake 2nd Addition, was added to the Consent Agenda. Item J, Consent Agenda, removed. Item C, Consent Agenda, action should include a waiver of 60 -day waiting period by the State Gambling Board. Item I, Consent Agenda, action should include setting the term of the Alternate Cable Commission position as one -year position. The City Administrator also requested that an item dealing with a request from Xavier's Restaurant for a three -month conditional beer and wine license be placed at the end of the meeting. Gustafson moved, Pawlenty seconded, the motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES /JANUARY 16, 1990 Director of Public Works Colbert requested a correction on page 9, Project 584 /Rahn Road, Modification 4 should read, "Four feet of space between the curb and the trail 44 feet south of Diffley." Page 9, Mayor Egan asked that in the future, the minutes reference when a councilmember leaves a meeting and thereafter the absence need only be reflected in the vote. Wachter moved, Gustafson seconded, the motion to approve the minutes for the January 16, 1990, regular Council meeting as amended. Aye: 5 Nay: 0 Page 2 /EAGAN CITY COUNCIL MINUTES February 6, 1990 ADMINISTRATION /MINNESOTA DNR FUNDING REQUEST FOR HELICOPTER DEER SURVEY Mr. Oliver W. McCulloch, Eagan's representative to the DNR Task Force, formed last year to evaluate a long -range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and adjacent deer concentration areas, spoke in favor of the deer survey. Chief of Police Geagan briefly explained the process. Gustafson moved, Pam McCrea seconded, a motion to approve authorization of Eagan's cost participation for a 1990 Deer Survey at a cost not to exceed $300. Aye: 5 Nay: 0 City Administrator Hedges was directed to ask Jon Parker, DNR Area Wildlife Manager, where Eagan's contribution to the cost participation fits with funding from the State and County. LEGISLATIVE UPDATE Liz Witt, representing the League of Minnesota Cities Revenue Sources Committee, briefly addressed the deficit facing Minnesota cities in the upcoming legislative session and after introducing Senator Howard Knutson and Representative Art Seaberg, asked that they share their views on various issues of interest to local government. Senator Howard Knutson discussed tighter restrictions and possibly the loss of tax increment financing, the updating of job evaluation and pay equity systems, a task force on protecting airport sites, codifying State land use statutes, public utilities, and efforts to determine county road mileage as it relates to the County -State Aid fund. Senator Knutson closed with a warning to his cities that last year's tax bill was a method of getting at the suburbs, a charge that has not been denied. Councilmember Wachter asked Senator Knutson about compensating the homeowners in the Wuthering Heights Addition for the problems associated with the Seneca plant. Senator Knutson agreed with Councilmember Wachter and said there should be avenues of assistance to them. The Senator also works with the DNR and offered assistance with the deer problem. Mayor Egan related concerns with the Metropolitan Council and the Metropolitan Waste Control Commission taking broader control of surface water management. Senator Knutson promised to look at the issue and added that they appreciated the City's help on those matters. City Administrator Hedges indicated the Seneca issue made a strong suggestion for legislative assistance. Representative Art Seaberg also felt the deficit was the number one issue for the upcoming eight week session. Local government aid will have to be looked at. There are several bills pending to deal with tax Page 3 /EAGAN CITY COUNCIL MINUTES February 6, 1990 increment financing. Definitions relating to "blight" and the "but for" rule will probably be changed. Perhaps legislation is needed with regard to the permit issue at Seneca. Councilmember Pawlenty asked if there was something else the City should be doing to increase its visibility in the legislature. Representative Seaberg remarked that lobbyists, such as the one hired by the LMC, are effective and that we should stay in touch. He is also hoping that redistricting will help. PUBLIC WORKS DEPARTMENT /TRAFFIC SIGNAL FUNDING SCHEDULE CLIFF ROAD BEACON HILL ROAD /THOMAS CENTER DRIVE Pam McCrea moved, Tim Pawlenty seconded a motion to approve the preparation of a Cost Participation Agreement for City prefinancing of a signal installation at Cliff Road and Beacon Hill Road. Aye: 5 Nay: 0 Mayor Egan spoke to Council and staff regarding Governor Perpich's Thursday, February 8, visit to Woodland Elementary in regard to Project Charlie and the D.A.R.E. program. The Governor will be at the school from 9:30 a.m. to 10:30 a.m. in the event someone would like to attend. A. Personnel Items. CONSENT AGENDA 1. Acknowledgement of hire /Seasonal Winter Recreation Leader, Scott Danielowski. B. Plumbers Licenses. It was recommended to approve the plumbers licenses as presented. C. License, Gambling License Renewal and Temporary Liquor License for Eagan Lions. It was recommended to 1) approve the gambling license renewal for the Eagan Lions Club to allow them to operate pull -tabs at Valley Lounge in Cedarvale Lanes, 2) to approve their temporary liquor license, and 3) to authorize submission of the license to the State Liquor Control Board for review and approval. D. Licenses, Change in Management, Liquor License Renewals. It was recommended to approve all seven (7) changes in designation of on -sale liquor managers for establishments as follows: Michael Henke Cedarvale Lanes Thomas Cadle Compri Hotel Page 4 /EAGAN CITY COUNCIL MINUTES February 6, 1990 Teresa Miller Davanni's Bryan Biever Eagan Tennis Athletic Club Michelle Olson Eagan Tennis Athletic Club Charles Yager Pizza Hut, Cliff Road Barbara Reimer New Partner at J. Doolittle's E. Resolution, Star City Recertification for 1990. It was recommended to approve the resolution authorizing recertification of the City of Eagan as a Star City for 1990. R 9o.2 F. Classification of Tax Forfeit Property as Non Conservation. It was recommended the City Council recommend approval to Dakota County that these parcels be classified as non conservation. G. Reconveyance of Forfeited Lands to the State of Minnesota. It was recommended to authorize the designation of Lot 7, Block 3, Overview Estates Replat as surplus property and that said parcel be returned to the State of Minnesota to be sold. H. Agreement, Joint Powers Opt Out Transit. It was recommended to approve the Joint Powers Agreement establishing the Minnesota Valley Transit Authority and that Mayor Tom Egan be appointed as the City's Commissioner and further that the City Administrator act as the alternate Commissioner. At a meeting held earlier with Commissioners from Apple Valley, Burnsville, and Eagan, Don Chapdelaine was appointed a Commissioner at large as provided in the Joint Powers Agreement. I. Agreement, Joint Powers, Cable Membership It was recommended to approve an amendment to the Burnsville /Eagan Joint Powers Agreement that changes Cable Commissioners' terms of appointment from two (2) years to three (3) years. It was also recommended that the Alternate Commissioner term be at the Cities' discretion and, thereby, in Eagan will be set as all other commission alternates at one year. J. Extension, Preliminary Plat for Autumn Ridge /James Development Company. This item was removed from consideration when the agenda was adopted. K. Approve Resolution Requesting MnDot Speed Study (Federal Drive Washington Drive To Blackhawk Hills Road). It was recommended to approve a Resolution requesting MnDOT to perform a speed study for Federal Drive from Washington Drive to Blackhawk Hills Road. R -90.3 Page 5 /EAGAN CITY COUNCIL MINUTES February 6, 1990 L. Contract 90 -03, Receive Bids /Award Contract (Pump Inspection Repair Wells #2 #6). It was recommended to receive the bids for Contract 90 -03 (Pump Inspections Repair Wells #2 #6) and award the contract to the lowest responsible bidder. M. Vacate Utility Easement, Receive Petition /Order Public Hearing (Lots 1 2, Block 3; Lot 1, Block 2; and Outlot C, Rahncliff 2nd Addition). It was recommended to receive the petition for the vacation of utility easements (Lots 1 2, Block 3; Lot 1, Block 2, and Outlot C of Rahncliff 2nd Addition) and schedule a public hearing to be held on March 6, 1990. N. Project 589, Receive Petition /Authorize Feasibility Report (Wescott Square Addition). It was recommended to receive the petition and authorize the feasibility report for Project 589 (Wescott Square Streets Utilities). O. Contract 87 -25, Authorize Final Payment (Braddock Trail Elrene Road Street Construction). It was recommended to approve the 10th and final payment for Contract 87 -25 (Braddock Trail Elrene Road Streets) to Bituminous Roadways, Inc., in the amount of $3,200.02. P. Contract 88 -03, Authorize Final Payment (Northview Park Road Wescott Road Surfacing). It was recommended to approve the 9th and final payment for Contract 88 -03 (Northview Park Wescott Road Surfacing) in the amount of $5,514.41 to Bituminous Roadways, Inc. Q. Contract 88 -13. Authorize Final Payment (Stoney Pointe, Blackhawk Ridge Blackhawk Ponds Trunk Water Main Sanitary Sewer. It was recommended to approve the 5th and final payment for Contract 88 -13 (Stoney Pointe, Blackhawk Ridge Blackhawk Ponds Trunk Water Main Sanitary Sewer) in the amount of $23,763.23 to Richard Knutson, Inc. R. Contract 89 -02, Authorize Final Payment (Clearview Addition Streets). It was recommended to approve the 4th and final payment for Contract 89 -02 (Clearview Addition Streets) in the amount of $5,282.99 to McNamara Contracting Company, Inc. Page 6 /EAGAN CITY COUNCIL MINUTES February 6, 1990 S. Contract 89 -06, Authorize Final Payment (Cliff Road Booster Station). It was recommended to approve the 2nd and final payment for Contract 89 -06 (Cliff Road Booster Station) in the amount of $397.50 to Northwest Mechanical, Inc. T. Contract 88 -L, Acknowledge Completion Blackhawk Ponds Streets Utilities). It was recommended to acknowledge completion of Contract 88 -L (Blackhawk Ponds Streets Utilities) and authorize the assumption of maintenance responsibility subject to appropriate warranty provisions in accordance with the subdivision development agreement. U. Final Plat, Town Centre 100 Fifth Addition. It was recommended to approve the final plat for Town Centre 100 Fifth Addition. V. Final Plat, Manor Lake 2nd Addition. R -90.4 It was recommended to approve the final plat for Manor Lake 2nd Addition. R -90.5 W. West Publishing /Eagan Corporate Center Scoping Decision. It was recommended to adopt a resolution approving the scoping decision for the West Publishing /Eagan Corporate Center project. R -90.6 Gustafson moved, Wachter seconded, the motion to approve the Consent Agenda items with the exceptions noted with the adoption of the agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 443R, FINAL ASSESSMENT HEARING O'NEIL TRUNK STORM SEWER Written objection has been received from the property owner. Kathleen Connelly, attorney, also appeared to register the objections of the property owner. McCrea moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment roll for Project 443 (O'Neil Trunk Storm Sewer) for Parcels 010 -77 in the amount of $172,596.96 and Parcel 010 -76 in the amount of $50,219.57 both located in Section 10 and authorize the certification to the County. Aye: 5 Nay: 0 Page 7 /EAGAN CITY COUNCIL MINUTES February 6, 1990 PROJECT 461, FINAL ASSESSMENT HEARING YANKEE DOODLE ROAD STREETS UTILITIES, O'NEIL PROPERTY Written objection has been received from the property owner. Kathleen Connelly, attorney, also appeared to register the objections of the property owner. McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 461 (Yankee Doodle Road Streets Utilities) as it pertains to Parcel 010 -77 in the amount of $336,227.47 and Parcel 010 -56 in the amount of $98,243.20 all located in Section 10 and authorize their certification to the County. Aye: 5 Nay: 0 PROJECT 549R, STRATFORD OAKS ADDITION STORM SANITARY SEWER McCrea moved, Gustafson seconded, a motion to close the public hearing and approve Project 549R (Stratford Oaks Addition Storm Sanitary Sewer) and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 588, SILVER BELL ADDITION /WATER MAIN VACATE UTILITY EASEMENT DIFFLEY ROAD THOMAS LAKE ROAD EXTENDED Written objection was received from the property owner of Lot 2, Block 1, Silver Bell Addition. Pawlenty moved, Gustafson seconded, a motion to close the public hearing and approve /deny the installation of Project 588 (Silver Bell Addition Watermain) and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Pawlenty moved, Gustafson seconded, a motion to close the public hearing and vacate the drainage and utility easement located north of Diffley Road at Thomas Lake Road extended and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CONSIDER PUBLIC HEARING DATE OF 3/20/90 TO CONSIDER TAX INCREMENT FINANCING FOR TRI -LAND PROPERTIES' COMMERCIAL DEVELOPMENT ICE ARENA PROJECT Gustafson moved, Pawlenty seconded, a motion to set a public hearing for the March 20, 1990 City Council meeting to consider an economic development district plan and tax increment financing plan with a Page 8 /EAGAN CITY COUNCIL MINUTES February 6, 1990 commercial development /ice arena project as proposed by Tri -Land Properties as Option 1, Privately Owned Arena with One Standard Sheet of Ice, and, furthermore, it is the consensus of the City Council that the fiscal disparities contribution be made from outside the tax increment financing district. Aye: 5 Nay 0 SENECA WASTEWATER TREATMENT PLANT CITIZENS AGAINST SENECA CAPACITY EXPANSION Wachter moved, Gustafson seconded, a motion to direct staff to formulate a letter to be sent to the Cities of Bloomington, Burnsville and Savage urging their active financial and administrative participation in bringing the Seneca plant and the MWCC into compliance with the plant expansion development contract and the DNR dewatering permit, and, further, that Senator Knutson and Representative Seaberg be urged to take the issue to the Legislature. Aye: 5 Nay 0 ORDINANCE /PARK TRAIL DEDICATION Wachter moved, Gustafson seconded, a motion to provide a final ratification to the trail dedication ordinance as presented. Aye: 5 Nay 0 RESOLUTION /O'NEIL PLANNED DEVELOPMENT COMPREHENSIVE GUIDE PLAN AMENDMENT EXECUTION OF PLANNED DEVELOPMENT AGREEMENT AUTHORIZATION TO PREPARE A TRANSPORTATION CORRIDOR STUDY. McCrea moved, Wachter seconded, a motion to continue this item to the February 20, 1990, City Council meeting. Aye: 5 Nay 0 AMENDMENT TO DEVELOPMENT CONTRACT /HILLS OF STONEBRIDGE /PLAT 2 Pawlenty moved, McCrea seconded, a motion to approve an amendment to the development contract for Hills of Stonebridge, Plat 2. Aye: 5 Nay 0 RESIGNATION /JAMES UNKER /BURNSVILLE /EAGAN CABLE COMMUNICATIONS COMMISSION APPOINTMENT/ VACANT ONE YEAR ALTERNATE BECC POSITION Gustafson moved, Wachter seconded, a motion to accept the resignation of Jim Unker from the cable commission and, by unanimous ballot, appointed Doug Dahl to fulfill the one -year unexpired term as an alternate to the BECC. Aye: 5 Nay 0 Page 9 /EAGAN CITY COUNCIL MINUTES February 6, 1990 LICENSE /ON -SALE LIQUOR LICENSE LAFONDA DE ACEBO, 3665 SIBLEY MEMORIAL HIGHWAY. Gustafson moved, Wachter seconded, a motion to approve an on -sale liquor license for LaFonda De Acebo restaurant subject to meeting the following conditions: 1) providing liquor liability insurance in effect for calendar year 1990. 2) providing a $5,000 surety bond in effect for calendar year 1990. 3) paying $675 due for false alarm charges incurred in 1989. Aye: 5 Nay: 0 RESOLUTION /ISSUANCE OF REFUNDING BONDS YANKEE SQUARE INN PARTNERSHIP McCrea moved, Wachter seconded, a motion to approve a resolution authorizing the issuance of commercial development revenue refunding bonds to refinance the Yankee Square Inn Hotel project. Aye: 5 Nay: 0 R 90.7 CONDITIONAL USE PERMIT /PYLON SIGN NEW HORIZON CHILD CARE Pawlenty moved, Gustafson seconded, a motion to approve a conditional use permit to allow a pylon identification sign for New Horizon Child Care Center located on Lot 1, Block 2, Eagan Center 3rd Addition, at the southeast corner of Lexington Avenue and Lexington Point Parkway subject to all setback requirements. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT /MIKE MARUSHIN PYLON SIGN ON VIDEO UPDATE SITE Gustafson moved, Pawlenty seconded, a motion to approve a conditional use permit to allow a pylon sign to be located on the lot of the existing Video Update store (Parcel 10- 03000 020 -25) located along Nicols Road, south of Diffley Road, in the northwest quarter of Section 30 subject to a landscape plan being submitted and approved by staff. Aye: 5 Nay: 0 ORDINANCE AMENDMENT /CITY OF EAGAN AMENDMENT TO EAGAN CITY CODE CHAPTER 11 Pawlenty moved, Wachter seconded, a motion approve the ordinance amendment of the City of Eagan, Minnesota, amending Eagan City Code Chapter 11 entitled "Land Use Regulation (Zoning)" by amending Section 11.40, Subdivision 4, regarding conditional use permits, and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Aye: 5 Nay: 0 RESOLUTION /LANCE PLANNED DEVELOPMENT COMPREHENSIVE GUIDE PLAN AMENDMENT /PD AGREEMENT McCrea moved, Gustafson seconded, a motion to continue this item to the February 20, 1990, City Council meeting. Aye: 5 Nay: 0 Page 10 /EAGAN CITY COUNCIL MINUTES February 6, 1990 CONDITIONAL ON -SALE BEER WINE LICENSE /XAVIERS Wachter moved, Gustafson seconded, a motion to approve a 90 -day conditional on -sale beer and wine license for Xaviers Restaurant at 1260 Town Centre Drive. Approval is contingent upon Xaviers meeting all conditions and subject to license review after 90 days. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA WATER QUALITY MANAGEMENT PLAN Gustafson moved, Wachter seconded, a motion authorizing staff to 1) continue the Water Quality Management Task Force as an in -house organization and to thank outside agency members for their contribution and 2) begin public input process by taking informational brochure to various City commission members for critique, by publishing the brochure in the City newsletter with a request for public comment, and by holding informational meetings. Aye: 5 Nay 0 PROJECT 543R /EASEMENT ACQUISITION/ PAYMENT /SKYLINE ROAD Gustafson moved, McCrea seconded, a motion to approve the acquisition of right -of -way easement from Lawrence Audry Wigley, property owners of Lot 7, Treffle Acres, for $315. Aye: 5 Nay 0 VACATE UTILITY EASEMENT /RECEIVE PETITION/ ORDER PUBLIC HEARING /LOTS 2 3, BLOCK 1, CLIFF LAKE CENTRE Egan moved, Wachter seconded, a motion to receive a petition to vacate a utility easement (Lots 2 3, Block 1, Cliff Lake Center) and schedule a public hearing to be held on March 6, 1990. Aye: 5 Nay: 0 A City Council workshop session is scheduled for February 13, 1990, from 5:30 p.m. to 8:30 p.m. The Council will meet briefly with the Airport Relations Commission, and then meet to discuss the final 1990 CIP, the landscape ordinance, and Police accreditation. Egan moved, McCrea seconded, a motion to draft a preliminary resolution to be presented at the Dakota County Incinerator public hearing to be held February 8, 1990, at Rosemount High School. The resolution is to address the City's concerns that the incinerator be state of the art technology, that all operations will be closely monitored to insure environmental safety, and that the County has considered and exhausted all alternatives before granting approval to this project. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING RESOLUTION /DAKOTA COUNTY INCINERATOR Page 11 /EAGAN CITY COUNCIL MINUTES February 6, 1990 CHECKLIST Wachter moved, and Gustafson seconded, a motion to approve the checklist dated February 5, 1990, in the amount of $226,341.09 and the checklist dated February 6, 1990, in the amount of $149,728.88. Aye: 5 Nay: 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 11:45 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at 12 :15 a.m. CITY OF EAGAN ,7. VanOverbeke, City Clerk KF PLUMBERS LICENSE FEBRUARY 6, 1990 1. Alta Mechanical Contractors 2. Bowler Company 3. Budget Plumbing Corp. 4. Burkhardt Plbg. 5. Burnsville Electric /Mechanical 6. Dakota Plumbing Heating 7. Donahue Mechanical, Inc. 8. Eagan Plumbing Heating 9. G R Mechanical 10. Groth Sewer Water 11. Harris Mechanical Contracting 12. Main Line Plumbing, Inc. 13. McDonald Plumbing Systems Inc. 14. Minnesota Mechanical, Inc. 15. Murr Plumbing, Inc. 16. Nasseff Plumbing Heating Inc. 17. Neu Plumbing 18. Nickelson Plumbing 19. North St. Paul Plumbing 20. Nova Frost, Inc. 21. Nybo- Peterson Plumbing 22. Joseph Peters Plumbing Co. 23. Plum, Inc. 24. Pride Plumbing Services 25. Regency Plumbing 26. Sauber Plumbing Heating 27. Seitz Bros. Inc. 28. Spriggs Plumbing Heating Co. 29. Stant Plumbing Heating 30. State Mechanical Inc. 31. Lee Stull Plumbing 32. United Water Sewer Co. 33. Valley Plumbing Company Inc. 34. Voss Plumbing Heating of Minnesota 35. Wenzel Plumbing Heating Inc.