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02/20/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 20, 1990 A regular meeting of the Eagan City Council was held on Tuesday, February 20, 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. AGENDA City Administrator Hedges recommended the following changes to the agenda: Add Item 2, Department Head Business, Consideration of Endorsement of House Bill Restricting Dewatering which will come before the House Legislative Committee on February 21, 1990. Item B, Old Business, action on Xaviers, Inc., must first include consideration of the Conditional Use Permit continued from the December 6, 1989, City Council meeting. Item J, New Business, Lance Planned Development, request to continue indefinitely. Item K, New Business, O'Neil Planned Development, request to continue indefinitely. Gustafson moved, and Wachter seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES Pawlenty moved, and McCrea seconded, a motion to approve the minutes for the February 6, 1990, regular City Council meeting. Aye: 5 Nay: 0 Mayor Egan then discussed the format of the minutes for special council meetings. He asked for a consensus from the Council as to whether the narrative nature of the special minutes should be retained or whether they too should be in an action format. It was the consensus of the Council that the special minutes be retained in their present format. McCrea moved, Wachter seconded, a motion to approve the minutes for the January 9, 1990, special City Council meeting. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded, a motion to approve the minutes for the January 23, 1990, special City Council meeting. Aye: 5 Nay: 0 Page 2 /EAGAN CITY COUNCIL MINUTES February 20, 1990 Gustafson moved, Wachter seconded, a motion to approve the minutes for the January 30, 1990, special City Council meeting. Aye: 5 Nay: 0 PRESENTATION /PARTNER OF THE YEAR AWARD Mr. Tom Shaffer from the Indianhead Council of the Boy Scouts of America presented the Chartered Partner of the Year Award to the Eagan Police Department for demonstrating outstanding service to youth through their active participation in the Explorer Scout program with special recognition for the efforts and dedication of Post Advisor, Officer Doug Mattson. Accepting the award for the City was Mayor Egan who was joined by Police Chief Pat Geagan and Explorer Scouts Shawn Hill, Brett Billmeyer, and Jeff Albee. DEPARTMENT HEAD BUSINESS ADMINISTRATION (CABLE) /FCC NOTICE OF INQUIRY Wachter moved, Gustafson seconded, a motion to direct the Burnsville /Eagan Cable Coordinator to prepare a letter and send official comments on behalf of the Burnsville /Eagan Cable Commission and the City Councils of Burnsville and Eagan to the Federal Communications Commission regarding proposed congressional changes in the Cable Act of 1984. Aye: 5 Nay: 0 ENDORSEMENT OF HOUSE BILL RESTRICTING DEWATERING SENECA WASTEWATER TREATMENT FACILITY Mayor Egan invited residents Bea Blomquist, Betty Bassett and John Griggs to address the issue of a bill pending before the Minnesota House of Representatives which would, in effect, remove all restrictions from watering and dewatering at the Seneca site during construction and maintenance of the expansion of that facility. Representative Willard Munger, Chairman of the House Environment and Natural Resources Committee, has agreed to introduce an amendment to the original bill which would require a permit for consumptive use of more than 2,000,000 gallons per day average in a 30 -day period (Exhibit B). The residents were unsuccessful in placing restrictions on the operational water use of such facilities. The City Administrator advised the City Council that MWCC Chief Administrator, Gordon Voss, has assured the City that dewatering on the Seneca site would be used only in maintenance operations but not in the day to day operations of the plant expansion. The old portion of the Seneca plant will continue to use water as is. The City Administrator will request a letter from the MWCC clarifying present and proposed dewatering on the site. Page 3 /EAGAN CITY COUNCIL MINUTES February 20, 1990 John Westley asked that the Council not take any action to endorse the bill to avoid jeopardizing a wetlands bill presently being proposed in the House by Representative Marcus Marsh. Mr. Westley wanted an opportunity for all interested parties to be heard before the City took any position on the issue. Mayor Egan pointed out that he is scheduled to testify in front of the House Committee at a public hearing regarding the dewatering bill on February 21, 1990. He urged Mr. Westley and other interested residents to attend the hearing as that would be the more appropriate forum for their concerns. Pawlenty moved, McCrea seconded, a motion to direct staff to develop a resolution for the Mayor to present to the House Committee endorsing the amended bill with conditions that are not less but equal to or more restrictive than presently proposed. Aye: 5 Nay: 0 John Griggs then requested the City hire an environmental consultant to study the dewatering being performed at Seneca and to monitor its impact on the environment. Mr. Griggs thought this would be possible through information provided by Seneca, MWCC and the DNR. After discussion, City Administrator Hedges suggested that staff contact John Wood, Project Manager for Metcalf Eddy Services, concerning the gathering and interpretation of dewatering data. Wachter moved, McCrea seconded, a motion to contact John Wood, requesting review and analysis of the dewatering at the Seneca plant at a total cost not to exceed $1,000. Aye: 5 Nay: 0 R -90.8 A. Personnel Items. B. Plumbers Licenses. CONSENT AGENDA 1. The resignation of Administrative Intern Jeff Weldon was accepted. 2. The resignation of part -time clerk typist Marie Jaeger was accepted. 3. The hiring of Dale Wegleitner as Fire Marshal for the City was approved subject to successful completion of the City's physical examination requirement. 4. The hiring of Karen Hangebrauck as a part -time receptionist for the City was approved subject to successful completion of the City's physical examination requirement. The plumbers licenses were approved as presented. Page 4 /EAGAN CITY COUNCIL MINUTES February 20, 1990 C. Proclamation, Volunteers of America Week. A resolution proclaiming March 4 11, 1990, as Volunteers of America Week was approved. D. License, Beer, Change of Managers, Pizza Hut at 1325 Town Centre Drive. The beer license for change of managers at Pizza Hut was approved. E. Declare Surplus Property /Authorize Sale, 1986 Crown Victoria Squad Car #21 and 1987 Chevrolet Caprice Squad Car #10. Squads #21 and #10 were declared surplus property and their sale authorized to Suburban Auto Sales for a total price of $3,512. F. Declare Surplus Property /Authorize Sale of Onan 12 KW Generator and Propane Fuel Tank. An Onan 12 KW generator and propane fuel tank were declared surplus property and their sale authorized. G. Ratification. Resolution on Proposed Dakota County Incinerator. Because of questions by Councilmember Wachter, this item was removed from the Consent Agenda and placed under Additional Items. H. Contract 87 -DDD, Acknowledge Completion (Stoney Pointe Streets and Utilities. Completion of Contract 87 -DDD, Stoney Pointe Streets and Utilities, was acknowledged and perpetual maintenance by the City was authorized subject to appropriate warranty provisions. I. Approve Specifications /Authorize Advertisement for Bids, Park Maintenance Tractor. The specifications for replacement of a tractor in the Parks and Recreation Department were approved and a bid opening scheduled for March 16, 1990. J. Replacement Vehicle /Investigation. Acquisition of a 3/4 ton cargo van from Harold Chevrolet was authorized for the Police Department in the amount of $13,861.57. Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda items except as described with the adoption of the agenda and as noted herein. Aye: 5 Nay: 0 Page 5 /EAGAN CITY COUNCIL MINUTES February 20, 1990 PUBLIC HEARINGS There were no public hearings scheduled for this meeting. OLD BUSINESS EXTENSION OF PRELIMINARY PLAT OAR CLIFF POND 2ND ADDITION Gustafson moved, and Wachter seconded, a motion to extend the preliminary plat for the Oak Cliff Pond 2nd Addition (Brutger Equities, Inc.) for one year upon condition that Condition #17 be revised to read, "The development is required to provide a storm sewer outlet to the northerly adjacent property sized to accommodate ultimate development of that property. Aye: 5 Nay: 0 ON -SALE LIQUOR LICENSE /XAVIERS Gustafson moved, and Wachter seconded, a motion to continue the Conditional Use Permit for Xaviers, Inc., located in the Town Centre Shoppes, 1260 Town Centre Drive, and an on -sale liquor license until March 6, 1990, pending submission of all financial data necessary for staff's recommendation. Aye: 5 Nay: 0 OFF -SALE LIQUOR LICENSE /CHEERS Mr. Daniel Herbst and Mr. Mark Smith made presentations regarding their off -sale liquor license application. Mr. Richard Barone also requested approval of his application. Discussion followed as to the number of licenses available for off -sale and whether or not two applications could be acted upon. After much discussion, it was determined that because of their CSC zoning, neither application would prejudice future policy decisions for off -sale liquor licenses and that Council could take action on both applications. Mayor Egan then requested that Police Chief Geagan attempt to gather any empirical data available linking any increase in health, safety and welfare concerns to the number and /or location of off -sale liquor licenses. Any data received will be used in the formulation of future policy concerning these licenses. Gustafson moved, McCrea seconded, a motion to approve the off -sale intoxicating liquor license for Daniel Herbst, in the name of Cheers Wine Spirits, Rahncliff Crossings Shopping Center. Aye: 4 Nay: 1 (Egan) Page 6 /EAGAN CITY COUNCIL MINUTES February 20, 1990 OFF -SALE LIQUOR LICENSE /RICHARD BARONE Gustafson moved, Wachter seconded, a motion to approve an off -sale intoxicating liquor license to Richard Barone for a store to be located in the Cedar Cliff Shopping Center. Aye: 4 Nay: 1 (Egan) RATIFICATION /RESOLUTION ON PROPOSED DAKOTA COUNTY INCINERATOR At this point, Councilmember Wachter requested the resolution on the proposed Dakota County Incinerator be discussed. The Councilmember had a question regarding the wording in a portion of the resolution. After staff explanation, Gustafson moved, and Wachter seconded, a motion to ratify the resolution concerning the proposed Dakota County Resource Recovery Facility, drafted to reflect Council action taken at the February 6, 1990, City Council meeting. Aye: 5 Nay: 0 R -9o.9 NEW BUSINESS PRELIMINARY PLAT EXTENSION TOWN CENTRE 100 7TH ADDITION Wachter moved, and Gustafson seconded, a motion to approved a one year preliminary plat extension for the Town Centre 100 7th Addition subject to the following changes in the original preliminary plat approval: 1. Condition #8 of the original approval be modified to require a 6' wide sidewalk instead of 5'. 2. The pending assessments identified have been levied and no longer apply. 3. The financial obligation identified for lateral benefit from trunk storm sewer should be modified to $36.50 per lineal foot instead of $62.75 per lineal foot (213 Lineal Feet X $36.50) for a total of $7,775. A fourth condition making the plat subject to the Water Quality Management Plan was not included. Aye: 5 Nay: 0 PRELIMINARY PLAT EXTENSION FOR AUTUMN RIDGE McCrea moved, and Gustafson seconded, a motion to continue the preliminary plat extension for the Autumn Ridge Addition to the March 6, 1990, regular City Council meeting. Aye: 5 Nay: 0 Page 7 /EAGAN CITY COUNCIL MINUTES February 20, 1990 PRELIMINARY PLAT /JOSEPH CONNOLLY ADDITION Gustafson moved, McCrea seconded, a motion to approve a preliminary plat entitled Joseph Connolly Addition. Aye: 5 Nay: 0 CLIFF ROAD WATER TREATMENT PLANT DESIGN STUDY REPORT After Director of Public Works Colbert answered questions from the Council regarding cost and site comparisons, Messrs. Rosene, Fields, Russack and Sanders from the engineering firm of Bonestroo, Rosene, Anderlik and Associates, provided a brief overview of the proposed Cliff Road Water Treatment Plant. Gustafson moved, Wachter seconded, a motion to receive the Design Study Report, approve the construction of Project 548, Cliff Road Water Treatment Plant Facility, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 ORDINANCE AMENDMENT /PET SHOP LICENSING Wachter moved, McCrea seconded, a motion to approve an ordinance amendment to City Code Chapter 6, Section 6.43, regarding pet shop licensing, including a $50 annual fee for such license. Aye: 5 Nay: 0 ORDINANCE AMENDMENT /KEEPING ANIMALS AND FOWL McCrea moved, Wachter seconded, a motion to approve an ordinance amendment to City Code Chapter 10 regarding the keeping of animals and fowl. Aye: 5 Nay: 0 VARIANCE /TWIN CITIES TREE TRUST Wachter moved, Pawlenty seconded, a motion to approve a variance from City Code requirements for the Twin Cities Tree Trust to allow overhead power lines at Lot 14, Block 00, Registered Land Survey #4, Property ID #10- 90040 014 -00. Aye: 5 Nay: 0 WAIVER OF PLAT ROBERT ENGSTROM COMPANIES Gustafson moved, McCrea seconded, a motion to approve a waiver of plat for Robert Engstrom Associates for Parcel 021 -29 within the Gopher Eagan Planned Development and that the waiver of plat be subject to: Page 8 /EAGAN CITY COUNCIL MINUTES February 20, 1990 1. Recording with Dakota County within sixty days of City Council action with documentation being provided to City staff. 2. All other applicable ordinances. 3. Obtaining an easement for Pond JP -33. 4. Obtaining a storm sewer easement. Aye: 5 Nay: 0 CUB FOODS SPECIAL PERMIT /TEMPORARY GREENHOUSE After expressing concerns regarding the safety of having a temporary greenhouse in the Cub Foods parking lot, the effect it would have on traffic flow in and out of the shopping area and the loss of 24 parking spaces in an already crowded parking lot, Wachter moved, McCrea seconded, a motion to deny a special use permit for Cub Foods to construct a temporary greenhouse in a fenced sales area located in the Cub Foods parking lot. Aye: 5 Nay: 0 RESOLUTION /LANCE PLANNED DEVELOPMENT COMPREHENSIVE GUIDE PLAN AMENDMENT /EXECUTION OF PD AGREEMENT RESOLUTION /O'NEIL PLANNED DEVELOPMENT COMPREHENSIVE GUIDE PLAN AMENDMENT PRELIMINARY PLAT /EAGAN CENTER 5TH ADDITION R -90.10 McCrea moved, Gustafson seconded, a motion to continue indefinitely a resolution granting a Comprehensive Guide Plan Amendment for Lance Company. Aye: 5 Nay: 0 McCrea moved, Pawlenty seconded, a motion to continue indefinitely the comprehensive guide plan amendment, the Planned Development Agreement, and transportation corridor study for the O'Neil Planned Development. Aye: 5 Nay: 0 In introducing this item, it was pointed out that the reference to a location within the Eagan Center 5th Addition for the proposed YMCA is misleading. The YMCA has as yet not chosen a location and are in fact looking for a corporate gift of 6 to 12 acres. Further references to a YMCA facility will be deleted. Councilmember Pawlenty mentioned that the intersection where one of the center's internal streets meet Daniel Drive could become a problem in the future. Harold Skjelbostad (BRW) said that the design of the intersection could easily be changed to alter traffic flow in and out of the center. Page 9 /EAGAN CITY COUNCIL MINUTES February 20, 1990 Gustafson moved, Pawlenty seconded, a motion to approve a preliminary plat for Eagan Center 5th Addition subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, C5, D1, El, F1, and G1. 2. An amendment to the Lexington South Planned Development shall be made that illustrates the conceptual design of the retail area and ice arena. 3. All four sides of the buildings shall be constructed of brick. 4. All rooftop mechanical equipment shall be screened. 5. No exterior sales displays, advertising, or outdoor speaker advertising shall be permitted. 6. An overall landscape plan shall be attached to the Planned Development Agreement. All landscaped areas shall be irrigated. Three foot berming along Diffley Road and Lexington Avenue shall be required. 7. An overall sign plan shall be attached to the PD Agreement. The variance to allow the pylon signs shall be permitted in the locations shown on the conceptual site plan. Separate conditional use permits will not be required. All signage on the retail area shall be contained within the uniform sign band. All signage shall be subject to the City's sign fee. 8. All trash and recycling storage for the retail building and ice arena shall be contained within the buildings. All other areas shall either have it contained within the building or in a structure attached to the building and constructed of the same building material. 9. All environmental permits shall be obtained prior to any construction. 10. The development is required to plat the entire 80' right -of- way for Lexington Pointe Parkway. 11. The development is required to direct storm water runoff to areas in accordance with the intent of the City's Comprehensive Storm sewer Plan. 12. The development is required to limit nutrient loading to the downstream waterbodies to predevelopment levels. 13. The development is required to complete the street system, sanitary sewer, watermain, storm sewer and storm water ponding areas Page 10 /EAGAN CITY COUNCIL MINUTES February 20, 1990 necessary to serve all the platted lots included in the proposed Eagan Center 5th Addition as well as the outlots adjacent to Lexington Avenue, Diffley Road, and the areas northerly and southerly of proposed Lexington Pointe Parkway. 14. The completion of the City's trunk watermain system in accordance with the City's Water Supply and Distribution Plan to serve the proposed development is required. 15. No access to Diffley or Lexington shall be allowed from the outlots. 16. All building plans shall be reviewed by the Advisory Planning Commission and the City Council prior to final plat approval. Aye: 5 Nay: 0 COMMENTS The City Administrator distributed copies of a letter received from Diane Whebbe regarding the Rahn Road project. Ms. Whebbe requested that the trailway be constructed of concrete rather than bituminous. After discussion, the Council decided to leave the trailway construction as is. The City Administrator asked for nominations to the MWCC General Advisory Committee. It was suggested that John Griggs be approached regarding his interest in serving on behalf of the City. If the City Council has a recommendation for the MPCA Air Quality Advisory Committee, the nomination will be ratified at the March 6, 1990, meeting. Mayor Egan will recommend Councilmember Gustafson to Independent School District #191 for their Citizens Resource Committee. The Committee's charge is to conduct a search for a new Superintendent of Schools in that district. INDOOR SHOOTING RANGE /EAGAN POLICE DEPARTMENT Councilmember Gustafson brought up the issue of a shooting range for the Police Department. The Cities of Apple Valley and Burnsville are collaborating on an outdoor shooting range and the City has contacted them about participating. It is felt, however, that an indoor range would be far superior to an outdoor one and that alternatives need to be explored now. McCrea moved, and Wachter seconded, a motion to pursue cost studies for an indoor shooting range and to investigate which other cities may have an interest in participating in the development of this type of facility. Aye: 5 Nay: 0 Page 11 /EAGAN CITY COUNCIL MINUTES February 20, 1990 Councilmember McCrea participated this past week in the Certification of D.A.R.E. program 5th graders at Thomas Lake Elementary. It is an excellent program. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 31, 1990, in the amount of $2,763,163.11, the checklist dated February 19, 1990, in the amount of $168,281.59 and the checklist dated February 20, 1990, in the amount of $418,485.33. Aye: 5 Nay: 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 11:35 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at 11:45 p.m. CITY OF EAGAN anOverbeke, City Clerk KF Exhibit A PLUMBERS LICENSE FEB. 20,1990 1. AAA Plumbing by Newstrom 2. Andreasen Plumbing i Heating 3. Bruckmueller Plumbing 4. Cokley Plumbing 5. Tom Hessian Plumbing Inc. 6. Janecky Plumbing 7. K K Heating Plumbing Inc. 8. Kramer Mechanical Plbg Htg. 9. Ra -Mar Plumbing Inc. 10. Richmond Plumbing Heating, Inc. WATER SOFTENER LICENSE 1. Minnesota Water Treatment Inc. JCIV I D T 02/20/90 15130 L V Y'Llri• Exhibit B V I L L V V I V V V V• I I (RE$DEPT J8 E1683A2 1 Author's Amendment 2 3 4 Representative Price moves to amend E.F. 1883 as follow*: 5 Delete everything after the enacting clause and insert: 6 "Section 1. Minnesota Statutes 1988, section 105.405, 7 subdivision 3, is amended to read: 8 Subd. 3. (REQIIIREMENTS FOR CONSUMPTIVE USE.) (a) Except as 9 provided in paragraph (b), a permit authorized by sections 10 105.37 to 105.55 or a plan that requires a permit ox the 11 commissioner's approval, involving a consumptive uae of more 12 than 2,000,000 gallons per day average in a 30 -day period, may 13 not be granted or approved until after: (1) a determination by 14 the commissioner that the water remaining in the basin of origin 15 will be adequate to meet the basin's water resources needs 16 during the specified life of the consumptive use; and (2) 17 approval by the legislature. 18 (b) Legislative approval under paragraph (a), clause (2), 19 is not required for a consumptive use in excess of 2,000,000 20 gallons per day average in a 30 -day period for: 21 (1) a domestic water supply, excluding industrial and 22 commercial uses of a municipal water supply; and 23 (2) agricultural irrigation and processing of agricultural 24 products SENT BY: 02/20/90 15:30 2 20 80 4 ;1berti 2 U I LLY 6 I 'v Exhibit B (RESDEPT JE E1883A2 1 (3) construction of a dewatering System; and 2 14) pollution abatement or remediation. 3 Sec. 2. (APPROVAL OF CURRENT PROJECTS.) 4 Pursuant to sestion 1, the commissioner of natural 5 Lesourcae h�ti reortsd to the legi slature that th p ro f cts 6 3isted belo ,r�auire water appropriation permits for consumptive 7 use in excess of 2,000,000 gallons per day average in a 30-day period. The commissioner oust determine for ■each project that 9 the water remaining in the basin of origin will be ad.QU�ate to 10 meet the basin's needs for w a t er. Up on t affir,_ rive 11 determination of the commissioner, the legislature hereby a ante 12 the commi =Sonar authority to issue the required appropriation 13 permits for the following protects: 14 (1) Blue Lake Waste !ter Treatment Facility; 15 (2) Empire Wastewater Treatment Facility; 16 (3) Minneapolis East In terceptor Proiect: 17 (4) Seneca Wastewater Treatment Facility; 18 (5) Stillwater W Treat Facility, 19 (6) Minnesota polluti Control Agency S u p erfund Si to et 20 Leeillier, Minnesota; 21 (7) Anoka Municival 9a�itary Landfill in Aassaev, Minnesotat 22 (8) United States Armv Twin Citt my Ammunition_ Plant 23 (TCAAP)L 24 j9) Flying Cloud Landfill in Eden Prairie, Minnesota 25 (l0� Dnited State■ Armv Corps of Engineers. Coosa 26 Lake Vermillion River Bottom 27 (li) Habitat Rehabilitation Enhancement Proiect in Dakota 28 and Good ue counties' and 29 (12) MinnIApQlis Chain of Lakes Water Level Augmante 30 See. 3. (EXISTING RIGMT6 AND RESPONSIBILITIES.] 31 Legislative approval viler, section 2 shall not !fact: 32 (11 Existinc rights Of parties to challenge a permit under 33 !action 105.44t an4 34 (2) Any liabili$v of project sponsors that exists elsewhere 35 in Statute. 36 Sec. 4. (EFFECTIVE DATE.) 02/20/90 15:30 Exhibit B (RESDEPT JS Ii1883A2 1 This act is ffective the day following final enactment." 2 Further delete the title and insert: 3 "A bill for an act 4 relating to water resources; approving certain permits 5 under certain conditions; amending Minnesota Statutes 6 19U, section 105.403, subdivision 3." 3