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03/06/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 6, 1990 00067 A regular meeting of the Eagan City Council was held on Tuesday, March 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. AGENDA City Administrator Hedges recommended the following changes to the agenda: Add Item A, Additional Items, Easement Acquisition, Project 571, Stearns Addition Item A, Old Business, Conditional Use Permit, Xaviers Restaurant, Request to Continue to the March 20, 1990, City Council meeting. Item B, Old Business, On -Sale Liquor License Application, Xavier Incorporated, Request to Continue to the March 20, 1990, City Council meeting. Item D, New Business, Conditional Use Permit, Federal Land Company, Request to Continue to the March 20, 1990, City Council meeting. Item H, New Business, Conditional Use Permit and Variance, Minnesota Public Radio, Request to Continue to the April 3, 1990, City Council meeting. The City Council expressed concerns regarding the request to continue the Conditional Use Permit and Variance for Minnesota Public Radio to the April 3 meeting. The item has been continued many times since their original application in July 1989. It was the consensus of the Council that the item be heard at the April 3 meeting with no further continuances. Wachter moved, and Gustafson seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES Pawlenty moved, and Gustafson seconded, a motion to approve the minutes for the February 20, 1990, regular City Council meeting with the following corrections: PAGE 2 /EAGAN CITY COUNCIL MINUTES March 6, 1990 00068 Page 7, Waiver of Plat, Robert Engstrom Companies, be corrected to read: 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: 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 McCrea moved, and Wachter seconded, a motion to approve the minutes for the February 13, 1990, special City Council meeting. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS PUBLIC WORKS DEPARTMENT /TRAFFIC SIGNAL HIGHSITE DRIVE PILOT KNOB ROAD (UNISYS CORPORATION) The Director of Public Works reported that with underruns in the public improvements associated with the tax increment financing for the Unisys Marketing and Customer Services Building and deletion of the trailway adjacent to the Timberline Addition, sufficient dollars are now available from that fund to fully finance the costs for a signal at the intersection of Highsite Drive and Pilot Knob Road. The Dakota County Traffic Engineer has indicated a willingness to present a formal request to the County Board of Commissioners noting that the intersection technically meets signalization warrants and that no County funding would be required. Although this particular intersection technically meets the warrants to justify installation of a traffic signal, Dakota County has expressed a reluctance to install a signal at an intersection where no definable, hazardous situation exists. The City Council also questioned the advisability of this action. Unisys has indicated that a signal at this intersection would better facilitate traffic flow in the area. Some residents are experiencing difficulty getting onto Pilot Knob Road and a signal would also improve that situation. The tax increment financing money will only be available for a short time. If the signal is delayed and monies in the tax increment financing fund are depleted, the costs of installation will be the responsibility of the City and the County. PAGE 3 /EAGAN CITY COUNCIL MINUTES March 6, 1990 The Director of Public Works reported that signal needs may change as traffic patterns change and the intersection may be added to future five -year plans for signalization. Wachter moved, and McCrea seconded, a motion to deny a formal request to Dakota County for the installation of a traffic signal on Pilot Knob Road (County Road 31) at Highsite Drive. Aye: 5 Nay: 0 Fire Chief Southorn then reported briefly on a fire at a home under construction on Murphy Parkway. City Administrator Hedges commended the Fire Chief for the Fire Explorers Program. There are fourteen young people who have expressed interest in being a part of this program. CONSENT AGENDA A. Personnel Items. There were no personnel items to be discussed. B. Plumbers License. 00069 The plumbers licenses were approved as presented. C. Correction, Special City Council Meeting of September 13, 1988. The minutes of a special meeting of the Eagan City Council of September 13, 1988, were amended to include an item entitled, "Final Ratification of a Planned Development Agreement, Comprehensive Guide Plan Amendment, Rezoning, and Preliminary Plat for Rahn Cliff 2nd Addition," and further, the action was taken to approve these applications at the special City Council meeting of September 13, 1988. D. License, Amusement Device, American Amusement Arcade at Eagan Athletic Club. An amusement device license for American Amusement Arcade to locate two amusement device machines at Eagan Tennis and Athletic Club was approved. E. Approve County Traffic Signal Agreements (Cliff Road Slaters Road and Beacon Hill Road). A traffic signal agreement, #90 -03 (Cliff Road Beacon Hill Road) and #90 -02 (Cliff Road Slaters Road) was approved and the Mayor and City Clerk authorized to execute all related documents. PAGE 4 /EAGAN CITY COUNCIL MINUTES March 6, 1990 F. Project 590, Authorize Feasibility Report (South Pilot Knob Road Streets and Utilities). The preparation of a feasibility report for Project 590 (South Pilot Knob Road Streets and Utilities) was authorized. G. Approve Specifications /Authorize Advertisement for Bids (Public Works Front -End Loader Unit #145). Councilmember Pawlenty questioned whether or not it was advisable to include a five -year maintenance contract with the bidding of this loader. Director of Public Works cited favorable past history; however, added that the cost of the contract is broken out as a separate item on the bids. The specifications were approved and the advertisement for bids for a Public Works front -end loader, Unit #145, was authorized with a bid opening scheduled for 10:30 a.m., Friday, April 20, 1990. H. Application for Blue Bell Ice Cream to Operate Ice Cream Trucks on City Streets, April 1 to October 1, 1990. 00070 An application for Blue Bell Ice Cream to Operate Ice Cream Trucks on City Streets, April 1 to October 1, 1990, was approved subject to the following conditions: 1. Continuance of liability insurance evidenced by an insurance certificate. 2. Hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is guaranteed from April 1 until October 1 of the current year. 4. The trucks will not generate a noise level greater than 65 decibels. 5. Caution swing arms will be required on each vehicle. 6. Local employment will be used for drivers operating in the City of Eagan. I. Project 591, Receive Petition /Authorize Preparation of Feasibility Report and Detailed Plans (Tranby 1st Addition Storm Sanitary Sewer). The petition for Project 591 (Tranby 1st Addition Storm Sanitary Sewer) was received and the preparation of a feasibility report and detailed plans and specifications were authorized. PAGE 5 /EAGAN CITY COUNCIL MINUTES March 6, 1990 00071 J. Project 592, Receive Petition /Authorize Preparation of Feasibility Report (Wilmus Addition Trunk Storm Sewer). The petition for Project 592 Wilmus Addition Trunk Storm Sewer) was received and the preparation of a feasibility report was authorized. K. Contract 87 -UU. Acknowledgement of Completion (R B Addition Water Main and Storm Sewer). Completion of Contract 87 -UU (R B Addition Water Main and Storm Sewer) was acknowledged, the release of financial security and the assumption of maintenance responsibility subject to the appropriate warranty provisions were authorized. L. Contract 84 -J, Acknowledgement of Completion (Oak Cliff 1st Addition Streets and Utilities). Completion of Contract 84 -J (Oak Cliff 1st Addition Streets and Utilities) was acknowledged, the release of financial security and the assumption of maintenance responsibility subject to the appropriate warranty provisions were authorized. M. Contract 85 -E, Acknowledgement of Completion (Oak Cliff 2nd Addition Streets and Utilities). Completion of Contract 85 -E (Oak Cliff 2nd Addition Streets and Utilities) was acknowledged, the release of financial security and the assumption of maintenance responsibility subject to the appropriate warranty provisions were authorized. N. Contract 86 -0, Acknowledgement of Completion (Oak Cliff 4th Addition Streets and Utilities). Completion of Contract 86 -Q (Oak Cliff 4th Addition Streets and Utilities) was acknowledged, the release of financial security and the assumption of maintenance responsibility subject to the appropriate warranty provisions were authorized. McCrea moved, and Gustafson seconded, a motion to approve the Consent Agenda items. Aye: 5 Nay: 0 PUBLIC HEARINGS VACATE UTILITY EASEMENT /RAHNCLIFF 2ND ADDITION Wachter moved, Pawlenty seconded, a motion to close the public hearing and to approve the vacation of portions of the utility easement within the Rahncliff 2nd Addition as described in the petition. Aye: 5 Nay: 0 PAGE 6 /EAGAN CITY COUNCIL MINUTES March 6, 1990 McCrea moved, Gustafson seconded, a motion to close the public hearing and to approve the vacation of portions of the utility easement within the Cliff Lake Centre Addition as described in the petition. Aye: 5 Nay: 0 An accounting firm has been retained to conduct a financial review of the applicant. The City Council questioned who would bear the costs of the review. The Administrator advised that the applicant will be required to escrow an amount equal to those costs exceeding the investigation fee. McCrea moved, 20, 1990, regular on -sale liquor at Shoppes. Aye: 5 VACATE UTILITY EASEMENT /CLIFF LAKE CENTER ADDITION CONDITIONAL USE PERMIT XAVIERS RESTAURANT FOR ON -SALE LIQUOR Gustafson seconded, a motion to continue to the March City Council meeting, a conditional use permit to allow Xaviers Restaurant, 1260 Town Centre Drive /Town Centre Nay: 0 ON -SALE LIQUOR LICENSE APPLICATION XAVIERS INC. EXTENSION /PRELIMINARY PLAT FOR AUTUMN RIDGE ADDITION 00072 McCrea moved, Wachter seconded, a motion to continue to the March 20, 1990, regular City Council meeting, the on -sale liquor license application for Xavier Inc. Aye: 5 Nay: 0 After discussing changes in the street alignment and a cul de sac, Pawlenty moved, and Wachter seconded, a motion to approve a preliminary plat extension for the Autumn Ridge Addition subject to the following conditions: 1. That these standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C3, C5, Di, El, F1, and Gl. 2. That the development must have access to the property from Dodd. 3. That Phase Two of the development shall not be constructed until a second access to the development is provided. 4. That if any outstanding fees are owed the City, that full payment would be a condition of extension. 5. That the financial obligation be changed to reflect the 1990 rates for sanitary sewer trunk, water trunk and storm trunk. Aye: 5 Nay: 0 PAGE 7 /EAGAN CITY COUNCIL MINUTES March 6, 1990 NEW BUSINESS RESIGNATION /GREG GAPPA AIRPORT RELATIONS COMMITTEE 1989 GENERAL FUND BUDGET AND FUND TRANSFERS PRELIMINARY PLAT EXTENSION COUNTRY HOLLOW 2ND ADDITION AUTOMOBILE RENTAL STORAGE FEDERAL LAND COMPANY WAIVE PLATTING REQUIREMENT FOR BUILDING PERMIT LEROY CHAPDELAINE 00073 Because the Airport Relations Committee already has a full compliment of members, no action was taken to replace Mr. Gappa. McCrea moved, Wachter seconded, a motion to approve without modification, the 1990 General Fund budget adjustments, miscellaneous fund transfers, Solid Waste Abatement Fund budget adjustments and the Fines and Forfeits Fund budget adoption. Aye: 5 Nay: 0 The developer of the project, Warren Israelson of Progress Companies, Inc., was present to discuss their request for preliminary and final plat extension. Because of confusion regarding a previous request for extension, in addition to an inconsistency between the minutes and a resolution, Council recommended that the issue be clarified prior to any further extension. Wachter moved, and Pawlenty seconded, a motion to continue to the March 20, 1990, regular City Council meeting, a preliminary plat extension for Country Hollow 2nd Addition to allow for staff clarification. Aye: 5 Nay: 0 Gustafson moved, McCrea seconded, a motion to continue to the March 20, 1990, regular City Council meeting, a conditional use permit for Federal Land Company to allow automobile rental storage on behalf of Agency Rent -a -Car. Aye: 5 Nay: 0 The Director of Community Development discussed this application. He stated that if a waiver was approved waiving the requirement that the property be platted prior to the issuance of a building permit, the City could still require that the property be platted before occupancy. If the applicant were to go through the normal platting process, a building permit in all liklihood would not be issued in time to meet the requirements of the property buyer. The Director of Community Development also stated that a conditional use permit would be required PAGE 8 /EAGAN CITY COUNCIL MINUTES March 6, 1990 allowed. The conditional use permit would be subject to a public hearing. The Council had concerns as to whether the circumstances warranted issuing a waiver and whether or not it would be precedent setting. Gustafson moved, Wachter seconded, a motion to approve a waiver of the requirement that a property be platted in accordance with the requirements of the City ordinance before a building permit is issued as requested by LeRoy Chapdelaine for part of Parcel #010 -30, Section 12. Aye: 3 Nay: 2 (Pawlenty, McCrea) WILMUS ADDITION /COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING, PRELIMINARY PLAT JOINT POWERS AGREEMENT 0 After brief discussion regarding the previous zoning, ponding and drainage on the site, and the joint powers agreement, McCrea moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan Amendment for the Wilmus Addition. Aye: 5 Nay: 0 R 90.11 McCrea moved, Pawlenty seconded, a motion to approve the rezoning from R -4 to PF (Public Facilities) for the Wilmus Addition. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded, a motion to approve a preliminary plat of one lot and one outlot on approximately 18.2 acres for an elementary school, Wilmus Addition, subject to the following conditions: 1. That this development shall comply with water quality management policies in effect at the time of final plat approval. 2. That the installation of a trunk storm sewer lift station and outlet for Pond BP -6 must be approved by Council action prior to final plat approval. 3. That 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, C4, C5, D1, El, F1, and G1. 4. That the development will be responsible for providing a storm sewer outlet to the northerly adjacent property adequately sized to accommodate 13 CFS of run -off. Aye: 5 Nay: 0 Gustafson moved, Pawlenty seconded, a motion to approve Independent School District #196 and the City of Eagan School /City Development and Usage Site Joint Powers Agreement. Aye: 5 Nay: 0 PAGE 9 /EAGAN CITY COUNCIL MINUTES March 6, 1990 Pawlenty moved, and Gustafson seconded, a motion to approve a Comprehensive Guide Plan Amendment and a rezoning of .63 R -3 acres to PF at the northeast intersection of Pilot Knob and Cliff Roads for the purpose of constructing a water treatment facility. Aye: 5 Nay: 0 REZONING /COMPREHENSIVE GUIDE PLAN AMENDMENT WATER TREATMENT FACILITY /CITY OF EAGAN CONDITIONAL USE PERMIT /VARIANCE MINNESOTA PUBLIC RADIO 00075 R -90.12 In light of discussion at the beginning of the meeting regarding the number of requests to continue this item, the City Council would allow one more continuance to the April 3, 1990, City Council agenda; however, barring substantial hardship, no further continuances would be permitted. The City Administrator was directed to send a letter to this effect to the applicant, Minnesota Public Radio. The letter would also ask that Minnesota Public Radio answer questions outlined in a letter from Mr. Dick Reynolds of the Audubon Society. Councilmember Wachter suggested that Minnesota Public Radio explore the feasibility of locating their radio towers on a site near the intersection of Cliff and Nicols Roads which already contains radio towers. While the City Council is not endorsing this site, they only ask whether this has been considered. McCrea moved, and Gustafson seconded, a motion to continue a conditional use permit and variance for Minnesota Public Radio to allow three, 300' radio towers in an LI (Light Industrial) District to April 3, 1990, and that unless the applicant can show substantial hardship, that this item will be heard on that date. Aye: 5 Nay: 0 REZONING /COMPREHENSIVE GUIDE PLAN AMENDMENT DIFFLEY /CEDAR PLANNED DEVELOPMENT Wachter moved, McCrea seconded, a motion to approve a resolution returning the rezoning and comprehensive guide plan amendment requested for Diffley /Cedar Planned Development by Koldt Properties to the Advisory Planning Commission for review and public hearing. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA GENERAL ADVISORY COMMITTEE APPOINTMENT METROPOLITAN WASTE CONTROL COMMISSION At the February 20, 1990, City Council meeting, Mr. John Griggs was mentioned as a possible appointment to the MWCC General Advisory PAGE 10 /EAGAN CITY COUNCIL MINUTES March 6, 1990 Committee. At that meeting, Mayor Egan requested that Mr. Griggs be contacted regarding his interest in serving on this committee. Mr. Griggs has been contacted and is interested in the appointment. Wachter moved, Gustafson seconded, a motion to recommend Mr. John Griggs to the MWCC for appointment to their General Advisory Committee. Aye: 5 Nay: 0 APPOINTMENT AT MPCA Councilmember Wachter recommended Ms. Ann O'Boyle as the City of Eagan's representative on an advisory committee that the Division of Air Quality of the MPCA is forming to advise them on the implementation of an air quality monitoring program in Dakota County. Wachter moved, Gustafson seconded, a motion to contact Ms. Ann O'Boyle regarding her interest in serving on an air quality monitoring committee and if Ms. O'Boyle is not interested in appointment, the City should advertise for an individual with the appropriate technical background to serve on this committee. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETINGS Gustafson moved, Pawlenty seconded, a motion to approve a special City Council meeting for 7:30 p.m. on Wednesday, March 7, to be held at the Metropolitan Airports Commission office for the purpose of presenting a response to the Mendota Heights corridor proposal. Aye: 5 Nay: 0 City Administrator Hedges reported that the staff is ready for the R -4 study and could address this issue on March 27 at a special City Council meeting. Gustafson moved, McCrea seconded, a motion to hold a special City Council meeting on March 27 at 5:30 p.m. for the purpose of reviewing the R -4 zoning study. Aye: 5 Nay: 0 NORTH /SOUTH ROAD FOR SECTION 10 00076 Director of Community Development Runkle explained that as a part of our master transportation planning, the City is considering a north /south road connecting the O'Neil property with Lexington Avenue, north of the bulk mail operations. If this road were in place on the comprehensive maps, future developers of property in the area could be told that a north /south street would be a requirement of platting. Wachter moved, and McCrea seconded, a motion to approve an amendment to the City's transportation plan that would allow a north /south collector street in Section 10 connecting the O'Neil property with Lexington Avenue north of the bulk mail operation. Aye: Nay: 0 PAGE 11 /EAGAN CITY COUNCIL MINUTES March 6, 1990 The City Administrator reported that a petition was received today regarding the Rahn Road project and staff would like direction as to how to proceed. Mayor Egan stated that the City Council has held public hearings, neighborhood meetings, staff has put in months of work on the project, and the project was previously addressed in 1985. Because this is not a unique situation and future City Councils will have to address more and more existing street upgradings, it will not possible to reconsider each one. Councilmember Gustafson agreed that the project should go forward but pointed out that the cover letter attached to the petition stated a different position than that outlined in the petition. The petition is much more general while the letter states that the project in its existing form is, "unacceptable and highly inconsistent with our needs." While it does not appear that those who signed the petition are necessarily in agreement with the strong position taken by the authors of the cover letter, Councilmember Gustafson would attend another meeting to go over what had been decided. Councilmember Pawlenty and Mayor Egan would also be willing to attend. Staff was directed to set up a meeting with the residents who live along Rahn Road. PROJECT 584 /RAHN ROAD VISITORS TO BE HEARD 00077 When Mayor Egan asked if there were any visitors to be heard, Mr. Garrett Vail addressed an off street parking problem in the Donnywood Addition. Mr. Vail lives in a twinhome subdivision and is concerned about the parking of vehicles on the yards and boulevards in the subdivision. He requests that the City Council enact an ordinance to regulate off street parking and open storage of motorized vehicles and related property. The City Council directed staff and the City Attorney to research Mr. Vail's request. RADIO ATTENNAE /RESERVOIRS The Director of Public Works asked the Council for direction in responding to a request by Mr. Per Hansen, representing an organization called, Military Affiliate Radio System (MARS). The organization is a cooperative between civilians and the military for the purpose of maintaining radio communications during disasters. Mr. Hansen has been instructed to locate an antenna site that is rent free or donated and has asked permission to locate an antenna on a City reservoir at no cost to the organization. After discussing the concept and whether or not it would interfere with antennae already located on the reservoirs, the Council directed staff to gather additional information and then return to the City Council for consideration. PAGE 12 /EAGAN CITY COUNCIL MINUTES March 6, 1990 PROJECT 571 /STEARNS ADDITION 00078 McCrea moved, Gustafson seconded, a motion to approve 1.4 additional acres for ponding easements, Project 571, Stearns Addition. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated March 6, 1990, in the amount of $282,982.88. 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 11:30 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 12:00 p.m. CITY OF AGAN E. J fanOverbeke, City Clerk KF PLUMBERS LICENSE MARCH 6, 1990 1. AAA Abbott Plumbing Heating 2. J. Baars Plumbing Heating 3. Henke Plumbing, Inc. 4. McGuire Sons Plumbing Heating 5. McQuillan Brothers, Plumbing Heating 6. Northrup Mechanical, Inc. 7. Olberg Construction 8. Scherer Plumbing 9. Widmer Inc. 10. Williams Plumbing Heating 00079