12/20/1988 - City Council RegularMINUTES OF REGULAR MEETING OV*HE EAGAN CITY COUNCIL
DECEMHSI2 20, 1988 ,
A regular meeting of the Eagan City Council was held on Tuesday,
December 20, 1988, at 6:3:.::ns*.::,a,•k:::th::agan Municipal Center.
Present were Mayor Vic ET3is3;Bic#cESttisailmembers Wachter, Egan,
Gustafson and McCrea. Also presei9t we�� City Administrator Tom
Hedges, City Engineer Tom Colbert, Comm.Uni-ty Development Director
Dale Runkle, and City Attorney,;:;umes Alf ldon.
Egan moved, Gustafson seconded, the motion to approve the agenda
as presented. All voted in favor.
MINUTES
December 6. 88.Mayd::::tispn#'. requested an addition on page 10
regarding the Airport Adequacy":St:as follows:
City Administrator Tom B0.9aA:: tiri $iaited the following five
recommendations to the Coun.ek::: t - their review:
1. Endorse the Metropolitan Council Task Force's Two -Track
Approach which would permit consideration of expansion of
capacity at the current airport, which property is
identified and banked for a potential future airport. Such
endorsement cont
ingent... µpon,: the exclusion of the third
parallel runway?:.;►};*iits;;:study as the "far parallel"
2. Insist that thd'`L''ttahtt.VhMtftti ' reviews of both the proposed
Runway 4/22 Extension:::td tWi::proposed North/South Runway
be exhaustive, both ia::::.terms:;:Qf identification and
mitigation of impacts;:;:::
3. Demand that expansion of cagvity at the current airport be
managed in such a manner as to utilize the noise abatement
capacity of the Eagan -Mendota Heights Corridor as it is
currently defined by the Metropolitan Council Aircraft
Noise Policy Contours. Further that Metropolitan Policy be
amended to provide for compeirgation for communities and/or
property owners in the evenYt1hat impact areas broaden,
expand or shift,;a&;.�:.:=eau}.;;�o£ operational changes at MSP.
4. Support expansi;*:-::p :::*'*: ;#+.:; acity ,may as necessary to meet
demand until a rep 6ifi¢Qii lrtfrport can be built.
5. Support an acceleration of thk land-bank/development
process for a replacement a4 kiort to the extent possible.
Page 2/EAGAN CITY COUNCIL MINUTES
December 20, 1988
McCrea moved, Egan s Bonded, the:.Wbtion to approve the minutes
for the December 6, 1988,;;xegular CO"all meeting as amended. All
voted in favor.
SELECTiM'Qi?:i$i8F OF POLICE
City Administrator Tom Hedges explained the.interviewing process
to the Council. Mayor Ellison stated that all three finalists were
excellent candidates for the
••$9sition.•but that Pat Geagan stood above
the rest. Co uncilmember M C;:;P�kt.:::.competition was tough.
Councilmember Gustafson cori'CiYrrg3sw'i'tF:IcCrea and stated he was glad
Pat Geagan was chosen for the pdi$Ytiork: Jay Berthe commended the
Council and Pat Geagan on the s.a, ectin;U;;.
Gustafson moved, McC :: E9tdT.11 g he motion to approve the
selection of Pat Geagan as Chief ar:::alice, subject to a physical and
psychological examination, to fill the vacancy created by Jay Berthe
whose retirement is effective January 20, 1989. All voted in favor.
AUTHORIZATION TO PURCHASE POLICE SQUAD CARS
City Administrator Tfi7k1eci.9es introduced the matter to the
Council. Geagan informed tfi't Cori.-1.:•;they were requesting the
purchase of six squad cars, nqt seaesr ak stated in the memorandum.
Wachter moved, Gustafson''hgcQi".'''•.`'the motion to approve
authorization to proceed wt:F t3ie'purchase of six police squad cars
from Viking Southdale Ford*lx :::• *he amount of $13,377.00 per vehicle
with the understanding that the 1989 budget as it relates to police
capital will be reappropriated by the deletion of certain capital
items to allow an adequate amount for acquisition of the squad cars.
All voted in favor.
AUTHORIZATION TO PURCHAW#W:'* EET, POLICE ADMINISTRATION
VEHICLES
Gustafson moved, Wachter seOnded,:';-%he motion to approve the
acquisition of one police adminiikatio .:car from the Thane -Hawkins
Polar Chevrolet in the amount of $10198&s00 and for the City to
negotiate the acquisition of an additional administrative car at
either the dealer auction or a rental agency. All voted in favor.
PROJECTS 83-J, 85-E, 85-F AND 86-Q
DECLARE DEVELOPER WDEFAULT
Public Works Directorc;p®ft;�:ovided the background on the
matter to the Council. Mayd:;j?itioned if the developer was
present. Mr. Colbert stated the develogz was not present at the
meeting. Councilmember Egan questioned :. the developer had been
informed of the City's position and questioned the kind of remedies
available. City Attorney James Sheldon stated a formal declaration
Page 3/EAGAN CITY COUNCIL MINUTES
December 20, 1988
was necessary to begin thik!:process a
discussed in a closed mee4nq.
the matter would be
Egan moved, Gustaf
son::sc4pdedj;::Tie motion to declare the
developer in default for Prdei�la=J (Park Cliff 2nd Addition),
85-E (Oak Cliff 2nd Addition), 85-F, (Park' Cl iff.-.3rd Addition), and
86-Q (Oak Cliff 4th Addition) and authorize.the City Attorney's
Office to pursue remedial corrective action as may be appropriate.
All voted in favor.
City Administrator Tom
Pastor Block was leaving his
Egan moved, McCrea soip.Qift'd
for his time and dedication. All
I that the police chaplain
January of 1989.
otion to commend Pastor Block
in favor.
CONSENT AGENDA
A. Personnel r ms.
1. Additional Skating':j;ij5::::Siaff. It was recommended to approve
the hiring of Bonnie Blood, Chritppir. Mesko, Jason Onstad and Lisa
Register as seasonal skating rinksembers for the 1988/1989
winter season.
2. City Planner. It Mid&::iV-*Commended to approve the hiring of
James L. Sturm for the pog'tion of City Planner, subject to
successful completion of the City's physical- examination requirement.
It was recommended tt}::::';'.i.':::i#igarette license renewals for
1989 as presented.
C. 1989 Kennel License R neyiA.1
It was recommended to appr We the Firee kennel license renewals
for 1989 as presented.
It was recommended to approve the 89 refuse haulers license
renewal list as presented.
..
Page 4/EAGAN CITY COUNCIL MINUTES
December 20, 1988
E.
Contain
It was recommended to ap j tive.:;fie' Successful bid for the
two-piece stackable recycling"irs�fner with both containers solid
sided, to be used by households for 'curbside recycling.
It was recommended to::uiax:3z transfer of
Quit Claim process for thd• ixi ae*0;:'P-u—b1��; right-of-way
and authorize the Mayor and City":'•Clerk,:to execute all
document -
G.
title through a
of Safari Pass
related
It was recommended to approve the seventh and final payment for
Contract 87-16 (North Nicols Road) to Valley Paving, Inc. and
authorize the acceptance of the improvement for perpetual
maintenance.
LF
It was recommended to approv
additional municipal state aid:st
and City Clerk to execute all::::*�
I. Contract 87-32 F::jam#"'vas•
41. "
It was recommended to approve
Contract 87-39 (Fire Station No. 4)
authorize the acceptance f•pc.;:.pe.rpet
J.
plution designating
kites and authorize the Mayor
currents.
the fourth and final payment for
to Dell's Construction, Inc. and
ua3 :Aaintenance.
It was recommended to approve: the :*�;xth and final payment for
Contract 88-4 (Pump House No. 10i. -No A:&::K Construction, Inc. and
authorize the acceptance for perpetual 'nteiintenance.
R. Proiect 463. FinAl DmwmcnF
It was recommended to approve theft -hal payment to Dakota County
for Project 463 (County Contract 32-03)"16or the improvement of Cliff
Road east of Trunk Highway
Page 5/EAGAN CITY COUNCIL MINUTES
December 20, 1988
L.
It was recommended to
POVCAM sixth and final payment for
Contract 87-15 (Wescott Road -*"-'&- *'I.ties)*to Op" Corporation, Inc.,
and accept the improvements for perpetual maintenance.
M. Contract 87-7o. pinal Payment/Acceptance (Pressure Reducing
Stations).
It was recommended to appr the:.:ird
Contract 87-20 (Pressure Reducingt and final payment for
Inc., and accept the improvem 0 BY"to M & M Sewer and water,
etual City maintenance.
N. Contract 87-22, Fin,
Stonebridge - Trunk nt,i j t i po�
It was recommended to approve the sixth and final payment for
Contract 87-22 (Hills of Stonebridge - Trunk Utilities) and accept
the improvements for perpetual City maintenance.
0. Contract 87- ce (Bridit- Rianm -
X.
It was recommended to aPP"r.9.V--e::::t !*j:::b&nth and final payment for
Contract 87-23 (Bridle "A"Util i ties and Streets) to
Nodland Construction Compa.4V.:i::'.',-Th
b. and accept the improvements for
Perpetual maintenance.
It was recommended to
-AWWW'12. $ "'.
:-:00 Order No. 3 to Contract
M
87-25 (Braddock Trail :lOEhorize the mayor and City
Clerk to execute all related doctft!ents.,'-1--:::
Q.
Project.
It was recommended to approve as written the question for the
February 14, 1989, Community Center Referendum.
R. AQMDM-0-Sneci f i cation r /A lit-hnr i & 4
It was recommended to Bap ..... ..... X ci fications for
hle
miscellaneous street mainteWad,..Pment and authorize the
advertisement for a bid opening to be W -;d on January 10, 1989, at
1:00 p.m., for the tandem axle dump tru'Wwith snow plow equipment,
and January 10, 1989, at 2:00 p.m., for 'the street sweeper.
Page 6/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Egan moved, Gustaf soz:K':B;econded,,
foregoing consent agenda itpqms and a
All voted in favor.
..........
SKYLINE ROAD/SIBLEY HILLS::% .......
'.*........:.:.:.'.'.......:.:-
motion to approve the
ize their implementation.
(STREETS AND UTILITIES)
McCrea moved, Gustafson seconded, the motionto continue the
public hearing for Project 543B (Skyline Road/Sibley Hills Drive
Extension - Streets and Utilities) to January 17, 1989. All voted in
favor.
............................
VACATE PONDING AND UT
IL GALAkIE CLIFF PLAZA
Public Works Director Tom
..... T-bert-)&-)&-formed the Council that due
to the uncertainty of the f-1 . tila oval# staff was recommending
that the petition vacation:'b:: 'e i*' :- .: hd that it be reconsidered at
such time as the final platis proposed to be Processed.
Wachter moved, McCrea seconded, the motion to close the public
hearing and to continue indefinitely the vacation of the ponding and
utility easements within tbe. proposed Galaxie Cliff Plaza Addition,
until final plat approval.::.,'.'A.i'.3;---.y.Rted in favor.
FINAL
BUDGET
City Administrator Tom He:c:
. 1`
... 9.9Z.*i:KZ;Sftted the matter to the
Council. Mayor Ellison stat&A.:..t
was an overall increase but there
was a decrease in the mill
:..% Councilmember Wachter stated that
staff had done a wonderful"3*6b on the Project.
Wachter moved, Gustafson seconded, the motion to ratify the 1989
general fund and public utility operating budget as presented.
METROPOLI ESENTATIVE
City Administrator Tom Hedge0::4pdatj4 the Council on the matter
and explained the process. He dis t"t*%ibute.4'ii copies of a letter received
from Margaret Schreiner. (see Exh#i$.*jt A)::-::::::14argaret Schreiner and
Deborah Tompkins presented their** 1 pec
Council. res tLlVe qualifications to the
Councilmember McCrea stated She felt it was important for the
Council to endorse a candidate Mayor Ellison stated he felt Eagan
needed representation on the Council.
T ouncil voted on the
McCrea moved, Gustaf
60 motion to endorse Deborah
0
Tompkins for appointment to District Fift.e.en of the Metropolitan
Council to replace Mary Martin who is n X.
voted in favor. reappointment. All
Page 7/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Councilmember McCrea*%iequested
the Governor.
SENECA WASTE
send a follow-up letter to
PLANT AGREEMENT
City Administrator Tom Hedges updated the Council on the
project.
Becky Comstock presentftd-:::t1As:.::p1pp
. lMped agreement and stated that
the MWCC may not enter ... ......... -
" **A0t;eft4#t. She stated there was a new
Section 3.4. which gave control 992. She described various
l
Provisions of the agreement. ex -7
Councilmember Egan quast, -,if ..::t
� agreement was a draft
document. Ms. Comstock sta:
raft document at this time as
the revised agreement had not been approved by the MWCC. However, the
MWCC had approved an earlier agreement known as the "December 13th"
agreement. Mayor Ellison asked Ms. Comstock to point out the
differences between the proposed agreement and the adopted agreement.
Ms. Comstock outlined the changes.
Councilmember Wachteim'--m**tA.tj d ---4e was concerned with the track
record and felt that the should have a method for
enforcement. He was disappoint-.*Od.
here were any rights or
Councilmember Egan ques...'""
:.. . :MM -..:X-'-
remedies changed from the i 4 proposal. Ms. Comstock stated
only the odor review proviaii"Is and the City staff inspections.
There was further discussion regarding the revisions to the
agreement. Ms. Comstock summarized the MWCC's primary concerns with
the new agreement. Councilmember McCrea was impressed with the
proposed agreement. mayor :'that no one would come away
completely satisfied.
Jean Matross (Attorney for mapped the background on the
matter and stated the time sched'*'e to int the conditions was the
only sticking point as the 1992 difte coaWd not be met. She stated the
schedule presented by MWCC was its best estimate.
Bob Isaacson (MWCC Engineer) reviewed the improvements and
stated that five to six projects were converging on one plant. He
stated there was complicated constructift-:management and stated an
alternative of installing incinerator o43.. control before 1992 if the
incinerator was continued.
had been
reduced from seven to five years. Mayor Ellison
questioned if it was physicA 0. 4 -* Mr. Isaacson it wasW .
improbable. Councilmember Egan question*.A::if it could be done but it
was economically more expensive. Mr. Isik""imon said that was a fair
statement.
ge 8/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Betty Bassett stated she felt the...* CC was sliding back to its
original position and that:iismanagemQ�t:had caused the present odor
problems. She had concerns -'::'i'-'"-'.- ardinc,).;ae scenic easement as it gives
the citizens no security. ST�Et.;:€:E�.:ttptpiing was being done.
John Wesley, 1747 Bluebill, stated he felt'the MWCC was dragging
its feet and that it could meet the deadlines. He had concerns
regarding the escape clause and requested the City meet with the PCA.
City Administrator Tom Hedges::;stated;.skaff had been in contact with
the PCA. Community Develoisi""ii#:#�;Ct7:bale Runkle explained the
permit process of the PCA and s as. ec3 tW the City would have input.
Mr. Wesley stated the goal ::"ould;:: to clean up the plant as
soon as possible. He also had.::eQ#t- -nix; £egarding the zoning. City
Attorney James Sheldon sta�`'e'm}p;l was dealing with the
platting concerns at the ptesent tID'd Mr. Wesley distributed
information on zoning (see Exhibit B).
Terrell Fridley (Attorney for Citizens Against Seneca Expansion)
stated he felt the agreement Ms. Comstock presented was the best
possible agreement. He furfEtar.•,stated the 1992 deadlines were
appropriate. He requested 44.*;i:gddi.tion of language that the zoning
was I-1 and requested other tevie• .-.-.- .
John Melon, 3680 Ashbury...
'
axl:ssed his concerns regarding
enforcement. Councilmember Mc,*rd4ted several provisions of the
agreement addressed enforcaiifeEtt•' '�ouncilmember Gustafson stated the
PCA had rules and regulatiri enforced. Councilmember Egan stated the
agreement was much improved from the last one the Council reviewed
and felt there were remedies of default available for Council action.
Mr. -Melon stated he felt enforcement was more important than
dates. Mayor Ellison concured:::kij�Q:;.Melon and stated he felt a
decision should be made as?:tai¢::::;a$#;was more important.
Councilmember Egan felt the MWCC :.was say&;ng it was economically
irregular. He felt 3 1/2 years was:: enol*-'— time. He further stated it
was necessary to have a monitoriQ:systft and that the agreement as
presented accomplished many of ttie::conciins. Councilmember McCrea
supported Mr. Egan and felt the dates mg'y" need modification.
Councilmember Gustafson stated he was sensitive to the past problems
and also to the MWCC's concerns. He felt the agreement as presented
was the one the Council should adopt. Councilmember Wachter felt the
PCA had not done its job. He was total lr:;;discouraged and not happy
with the agreement. He felt the conceraof the neighbors were not
addressed. Mr. Egan stated the preliminaity plat was contingent on any
agreement. Mayor Ellison prs;##J;rfi e::;�$,t#tter would be back before
the Council in January becaiigi:4e::e:t>`-dire
agreement. MWCC would not approve the
Ms. Matross informed the Council t9at if the 1993 date was
granted, the remaining items could be discussed. She stated the one
Page 9/EAGAN CITY COUNCIL MINUTES
December 20, 1988
XXX
point in disagreement wass:the 1993 ddi*". Mayor Ellison suggested that
if the Council compromisQa:;,on the dada} they would be farther ahead
as the matter had gone ori::{ six mphs. Ms. Matross stated she
could commit to the notice'*: ".....vis#43) 'and a two year review.
Mayor Ellison recommended continuing the matter for two weeks to
allow review regarding the date, with the other language remaining
the same as proposed. Councilmember Egan stated they must insure that
the other provisions remain the same as proposed.
McCrea moved, Gustafsiofi"seWnnedF:::.the motion to continue the
MWCC agreement for the expans-1cft:'of th0 Seneca Waste Water Treatment
Plant to the January 3, 19891 Q.Q.pncil;;paeeting to allow for further
review regarding the dates, wi.t :::a11 •#�iher language remaining the
same as presently propose:`. ::1•' tp.::�:n favor.
Councilmember Gustafson stated .he felt that if the
Councilmembers did not receive a final packet by December 29, 1988,
the matter should not be heard at the January 3, 1989, Council
meeting.
PARR
City Administrator Tom
Council. Community Developm
details of the development
Recreation Committee's coni
LAND COMPANY
used the matter to the
ale Runkle presented the
and referenced the Parks and
Martin Colon (developer) introduced the following people who
would be presenting the project to the Council: Tim Erkkila - Land
Planning Report Presentation; Fran Hagen - Utilities Presentation;
Mitch Wanson - Traffic Presentation; and Charles Hartholdi - Legal
Presentation.
Tim Erkkila explained the pr-Anciplas of the land use planning
and stated the developer was send$tive::�o the existing development
Patterns. He presented a diagrar4ijijOf thW:: current uses. He stated there
was no current residential uses iiid th Ke was no definitive reason
for the D -III designation. He stated tfii comp guide plan was
incorrect as the D -III designation was incompatable with park use. He
suggested a commercial planned development was the best use for this
site and also pointed out that a planned development preserves the
municipal review process.
Fran Hagen updated the Council on" e grading and the utilities
aspect of the project. He :fir#.ei�ei3::ii;'.g=ading plans and possible
changes, the quality of wataY::::3fikce:::pDiiding area and the sanitary
sewer and water main services.
Mitch Wanson (traffic engineer) bi:3:efly described traffic
presentation to the Council.
Page 10/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Charles Bartholdi surAXgarized the;:pperall presentation and
referenced letters and rept i.t.s which. -:# a been sent to the City
Administrator. He requested:"1ia*. ; � to be included on the record
in regards to the applioatioif'c--'e::€iiYther: stated Federal Land was
willing to accept all staff conditions and assessments and that it
would satisfy all City concerns. He updated the Council on the status
of the HRA option agreement and stated that if the property were used
for elderly housing, the sq.uAre. footage,:of the remaining project
would be reduced. He requssEeii:;:a`"att�E;:
:'to rebut the adverse data and
stated the architect was '.13:4'estions.
Pat Laughlin (Hoffman Devel:o�anent.�::.}�ad concerns regarding the
ponding's effect on its pro ert':;:;.
Doris Wilkins stated'senior'`Sstie was necessary in Eagan and
that the site in question was an excellent choice. She suggested the
Council require senior housing as a condition of approval.
Councilmember Egan questioned if the parking stall requirements
were met. Mr. Runkle stato..;;the requirements had been met. Mr. Egan
had concerns regarding the::::ygidispt..on the traffic. Mr. VanWormer
addressed the traffic concerfis*`494*:;r::heaccess problem. Public Works
Director Tom Colbert informed;:the'Comfci,; that the County wanted to
view the access on the entirei: trip:be€bae final approval. There was
much discussion regarding the:crs:aiii� the traffic study.
Mayor Ellison questioned"" the piece was evaluated for the
traffic study as commercial or residential. Mr. VanWormer stated it
was reviewed as commercial'and that the access would work until three
lanes were necessary.
Councilmember Egan haI;:;:an=;Dg:;t�arding potential assessments
and questioned if the City:V0. �.y::WAt*tAcial agreements. Mr. Colbert
suggested the pre -payment of prof:apted pbligations. Mr. Egan had
concerns regarding the Hoffman p6iii8. Mr';:::;Colbert stated the storm
plan anticipated some flow from de prodiJct.
Mayor Ellison asked for the results 'of the commercial study.
Community Development Director Dale Runkle stated the area could
support additional commercial projects. Councilmember Egan supported
continuance of the matter for 30 days to review the zoning issue and
the traffic analysis. Councilmember McC:o.,a stated she felt traffic
circulation should also be addressed. )*or Ellison asked for an
estimate of the tree loss and how to sa`'''e as many trees as possible.
He also asked for landscap }#*gt"": i93;t�plans, the building
materials and review of the:*:zatt2ttg:is�k:ge= Councilmember Gustafson
favored the proposal as presented, howeger, he had serious
reservations regarding the commercial 4�4dy. He stated that if all
questions were answered, he favored the��:j* oposal. City Administrator
Page ll/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Tom Hedges referenced a liter receive'ii'`'from Ronald G. Cornwell of
the Bieter Company (see Ei&bit C)
Egan moved, McCrea se":.:....
66'"" :':':*moi.. -
Comprehensive Guide Plan ame� .... #'i�i.'ij�.*-#::-iaotion to continue the
&Wiii"from D -III to CPD, rezoning from
Agricultural to a Planned Developmerit, a preliminary plat entitled
Park Center Addition, and a conditional use permit for pylon signs as
requested by the Federal Land Company to the February 7. 1989 city
Council meeting, to allow regarding the zoning,
traffic, tree loss, lands
All voted in favor. Ape, mm ' Jng and building materials.
Egan moved, Gustafson seconW*ed,, Qjij: motion to approve a joint
traffic study with the County.-.�g' . tird
d in favor. ixi*
� the Park Center Addition. All
vote
CONDITIONAL USE PERMIT/FLOUR BIN/0*-SALE LIQUOR, WINE OR 3.2 BEER
Community Development Director Dale Runkle provided information
to the Council regarding the application and stated the APC
recommended approval of
Lynn Reimer (owner) pre"'s"i
Council. Councilmember Egan qt
the type of the restaurant. Ti
as a full service restaurant.�
questions regarding the ba ::::Q
the seating capacity. Coun 'H'
owner as a restaurant manager.
32R -.theme and the decor to the
rdi! A1 there would be a change in
there would be a change
posed. Councilmember McCrea had
e owner stated it would be 128 of
Gustafson highly recommended the
Gustafson moved, McCrea seconded, the motion to approve a
conditional use permit to allow on -sale liquor, wine or 3.2 beer in a
neighborhood business dist:r-.�:ot-:-f:'
Inc. restaurant,
subject to the following
1. An approval of the lic
I u 0 e-i�:A ice 064* investigation.
2. All applicable code ordin::I::[::tices.......'.*:*
All voted in favor.
Egan moved, Gustafson seconded, the motion to approve a liquor
license for Flour Bin,, Inc. restaurant#.-.'..':9bbject to the following
conditions:
1. An approval of the
investigation.
2. All applicable code ordinances...::.% -.-
All voted in favor.
Page 12/EAGAN CITY COUNCIL MINUTES
December 20, 1988
...........
EPISCOPAL (MURCII.:.ADDITION
Community Development '*"'*'*%'*t:00t-.'O*f::::Ztole Runkle introduced the site
plan to the council. Pastor I85c W490rmed the Council he was
available for questions. I i .
Wachter moved, Gustafson seconded, the motion to approve the
Comprehensive Guide Plan amendment frq1A.D-III to Public Facilities
for the Episcopal Church
:x ....... ted in favor.
Egan moved, Gustafson secoA d. t": motion to approve a rezoning
from R-4 to Public Facilities fa&theftiscopal Church Addition. All
voted in favor.
Egan moved, Wachter sL*ddn'nJedj%%t'1f'di%' 'motion to approve a
preliminary plat entitled Episcopal Church Addition, subject to the
following conditions:
1. The standard conditions of plat approval as adopted by
Council action on Septembs:1;:.:.J5 1987, shall be complied with: A-1.
B-1, B -2r B -3l C-11 C-2, -lr F-1 and G-1.
2. The parking stalls
3. The detailed landsca
screening the parking area--.-*
apartments to the north.
wide.
r':V'ill place emphasis on
Public streets and the
4. The City shall inspect the single family home to insure all
building codes are being satisfied.
5. the access ontoill be finalized with all
concerned parties The pro ..... A-mg
a width of 30 feeL ... .. R.... trance to be constructed to
6. All signage shall conforr*:::.to Com. requirements.
7. The proposed development is su to additional
requirements pertaining to grading, drainage and fire hydrant
coverage with the final plat phase of development.
8. The finished floor elevation fok...-....�the a
at least 984 feet. worship center shall be
All voted in favor.
Councilmember McCrea noted that qtWkity control should be
considered.
Page 13/EAGAN CITY COUNCIL MINUTES
December 20, 1988
BUR:ft HILLS 211 .:4LDDITI0N
60 -DAY E8i".
. ........;T0 MRD FINAL PLAT
Gustafson moved, McCrea s4Cttfided, the motion to approve the
60 -day extension for the final plat filing date of December 18, 1988,
to February 18, 1989 for Bur Oak Hills 2nd Addition. All voted in
favor.
AMENDMENT ::
T�1����:�:E1.8.!��AGAN CITY CODS
MASSiUm/ 9EDS$;?,ICENSE
The Council discussed the 66;.cessi;ty;to modify Chapter 6.
Wachter moved,Gustaf:seco3r` the motion to continue the
request by Molly B.1okopit A'yskn for amendment of City Code, Section
6.40, Subd. 4(d), regarding the elimination of the wording that women
can only massage women and men massage men to the February 7, 1.989
City Council meeting. All voted in favor.
AMENDMENT TO CURTER 13 OF THE EAGAN CITY CODE
9*0:00" PERMITS
Wachter moved, Gustafson ;$econiie�.x,:;.the motion to approve an
amendment to Chapter 13 of th�:Ea%,a-p;;tlzgr Code regarding model home
permits which would restrict :aspK:ova--Of the permits until after the
final plat approval was appKt�ved'; All voted in favor.
AMENDMENT TO -CHAPTER 2 OF EAGAN CITY CODE
SALARIES OF MAYOR AND CITY COUNCILMEMBERS
Councilmember Wachter stated the salaries did not fully
compensate the members for;:2ta:::::tjtAtk?{iuncilmember Egan stated he
felt the action should the fall.
McCrea moved, Gustafson sect led, #-he motion to approve a City
Code revision to Section 2.11 chairi
per month and each City Co unci ng ate Mayor's salary to $600.00
All voted in favor. lmem$er's:Olary to $450.00 per month.
1989 SALARY ADJUSTMENT FOR CITY EMPLOYEES
City Administrator Tom Hedges infoigged the Council that each
calendar year the City Council gives coUl deration to a
cost -of -living adjustment to "a* o8a a:tQ non-union personnel.
Councilmember McCreauld keep watch on the
health care. coverage. Mayor Ellison the:ealth care costs was
increasing rapidly.
Page 14/EAGAN CITY COUNCIL MINUTES
December 20, 1988
r 9 I e -motion to approve a wage
increase of 3.75% for non -.
.pion persorklkgl. All voted in favor.
Gustafson moved, Wac -Aceft i the motion to approve the
payment for the total amount
ealth insurance coverage and
the lowest family plan amount for those employees choosing family
coverage. All voted in favor.
Egan moved, Gustafson-.g*.rvPAdedF the motion to approve the
adjustment of other benefit.:.""
.'........ as necessitated by Section
89. All voted in favor.
DNR DEER V"uLATXOM SURVEY
COST..::* -Ticr."kON
There was discussion "''O'g"ard ri4:-::#haring the Survey costs.
Gustafson moved, Egan seconded, the motion to approve costs
participation with the Department of Natural Resources to evaluate
deer population in the City at 508 of the actual cost not to exceed
$400.00. All voted in fave-E-
The Councilmembers were
basic cable through the Nort
AGENDA
an increase in rates for
le Company.
Egan moved, Wachterthe motion to ratify the list of
Reaction Committee memberd'.1reviewing the Community Center project.
All voted in favor. I
Public Works Director Tom Colbert informed the Council that a
joint CdunCil/APC/Park COmmiP.4iiQr+.-.M2.q-tin,9 was necessary to review the
water quality management date for the
meeting was set for Februi'*r"*,V*"'"I.:..4...'..........x.:.:..:.:
. f!M*-.----'-"'
There was discussion regar
early February.
a r#ifireat in late January or
The City Administrator informed the council the employees
thanked the Council for the new copy machine.
There was discussion regarding off -ice remodeling and the City
Administrator was given direction to prfteed with modular office
equipment for use by the Parks and Reci 'tion Department.
Egan moved, Gustafson'iaijji otion to schedule a special
City Council meeting to review commiss;-M appointments for January
101 1989.
Wachter
moved
E an
i"—A-A
r 9 I e -motion to approve a wage
increase of 3.75% for non -.
.pion persorklkgl. All voted in favor.
Gustafson moved, Wac -Aceft i the motion to approve the
payment for the total amount
ealth insurance coverage and
the lowest family plan amount for those employees choosing family
coverage. All voted in favor.
Egan moved, Gustafson-.g*.rvPAdedF the motion to approve the
adjustment of other benefit.:.""
.'........ as necessitated by Section
89. All voted in favor.
DNR DEER V"uLATXOM SURVEY
COST..::* -Ticr."kON
There was discussion "''O'g"ard ri4:-::#haring the Survey costs.
Gustafson moved, Egan seconded, the motion to approve costs
participation with the Department of Natural Resources to evaluate
deer population in the City at 508 of the actual cost not to exceed
$400.00. All voted in fave-E-
The Councilmembers were
basic cable through the Nort
AGENDA
an increase in rates for
le Company.
Egan moved, Wachterthe motion to ratify the list of
Reaction Committee memberd'.1reviewing the Community Center project.
All voted in favor. I
Public Works Director Tom Colbert informed the Council that a
joint CdunCil/APC/Park COmmiP.4iiQr+.-.M2.q-tin,9 was necessary to review the
water quality management date for the
meeting was set for Februi'*r"*,V*"'"I.:..4...'..........x.:.:..:.:
. f!M*-.----'-"'
There was discussion regar
early February.
a r#ifireat in late January or
The City Administrator informed the council the employees
thanked the Council for the new copy machine.
There was discussion regarding off -ice remodeling and the City
Administrator was given direction to prfteed with modular office
equipment for use by the Parks and Reci 'tion Department.
Egan moved, Gustafson'iaijji otion to schedule a special
City Council meeting to review commiss;-M appointments for January
101 1989.
Page 15/EAGAN CITY COUNCIL MINUTES
December 20, 1988
City Attorney Jim ShA'aon informed''ihe Council an executive
session would be held foilii3ng the Cgftbil meeting to review pending
lawsuits.
Wachter moved, Egan seconded, the motion to approve the check
list dated December 20, 1988, in the amount of $1,016,525,20. All
voted in favor.
AD3(ItNlIS'
The meeting was adjourned
December 5, 1988
Dear Tom,
t H4
I have applied to the governor':foi`::
Council for District 15. District 1
past this seat has been held by Mar
ment.
Our city is not only the fasteA�:g*ou
the largest and fastest growing secti
had a representative on this council.
I believe that we need to have a
waste management, airports,
environmental concerns.
I would very much appreciate
happy to discuss any concern
most hours of the day.
Thanks for your consideratioi
Sincerely,
Margaret Daniel Schreiner
1795 Monterey Lane
Eagan, MN 55122
to the Metropolitan
the city of Eagan. In the
o -is not seeking re-appoint-
ty in the metro area but also
this district. Eagan has never
region approach to such issues as solid
orporate growth, land use and
this endeavor. I would be
can be reached at 454-1744
52. "Nonconforming Use" - Use of land, building or
structures which does not comply with all the regulations or
the City Code governing the zoning district In which such
use
In located, adopted subsequent to the initiation of said
use.
......... .. .
subd. 16. ;� Limited In$1L$trial District.
A. Periq:ftted Use s..;---W:lthln any "I-1" Dis-
trict, no structure oe::Und shall, ¢p:::ilsed except Ear one or
more of the following%:ik6g;;,p,l�•.,uasta:beemed similar by the
Council t ...:.
1. Conducting a process, fabrication,
storage or manufacturing light materials or wholesaling
operation or providing a service including any of the fol-
lowing or similar uses meeting the performance standards
applicable to the "I->r!;;�ts�c•iott;;::;;:
2.""'A'utofipbTIe .....Inting, ,upholstering,
tire recapping, and major roWLr wh>¢tt;: conducted completely
In an enclosed building.
3. Ice,; *ii ld steq;;age planta, bottling
works.
4.:X,akls ee9;r
Mg'chIne'an8`welding shape.
6. Paper products.
7. Tennis club, skating, theater,
bowling alley or similar indoor commercial recreation.
R. Radio and television.
9. Restaurants - Class I only.
M::::-:- vsearch laboratories.
school.
12."W#eiii►uelny and wholesaling and
related sales or showrooms.
13. StCtage x4rdB;:or building materials
provided they are suitablp:;scitgtigd i::'
14. AIYgtOs :ot convention hall.
15.::::?::R#tl�al hospital or_ clinic (with no
outside kennels).
4. Loading docks, truck parking, or
open storage shall not be permitted on the side of an 0I-1"
District abutting an Agricultural, Residential or Public
Facilities District.
SECTI:1! 6.01. -- CEMERAL RECUTATION3
Subdivision L. -- NON-CONFORN1i:0:1�4. A6:::iawful use of any
structure or land existing at the time of adoption of this ordinance
or any amendments thereof which does not conform to the permitted uses
In the dlatrict•In which ouch land or structure ,},s located may continue
provided thatt ,
I.. No substantial::ny such non -conforming
land or structure.
9. 110 addition which amounts to -`#::than 5% of the value
of any such non -conforming structure:ts made. .•. •,
C. No non-conforminp structure..lo.moved of substantially
-16-
--- -
5200 T* ;yI i6,iv'Wdad' " Q% 201
Minneapolis, Minnesotat *=55424
December 19,•1988
SUBJECTi Proposed Rezoning
Park Center Addition
Federal Land Company
Dear Mr, Hedges:
The Bieter Company opposes the applicaYtlti''iii Federal Land Company for
commercial zoning for its property nor'tfi of Clad and west of Cliff Lake
Drive.
Comriercial zoning for the pt808tty would be inconsistent with the city's
Comprehensive Guide Plan. It would also ignore the substantial public opposition
there has been to further commercial development in the'area, Commercial zoning
for the site would increase traffic, add to the overburdening of roads in the
area and degrade the quality of the nearly residential neighborhood, park,
and school.
It would be unfair and discrimiiiatory,:'Eo''
tial despite an inconsistent guide plan d4gigna
Bieter Company's application for commerciA—* zon
such an inconsistency. Although the B1et6iC2:app
neighborhood opposition and adverse effects on
of the magnitude presented by this application;
reasons for denial of the Bieter application,
RGC/gsr
biome this property to commer.
iWi when the city denied the
agi;argely on the basis of
i"ition did not present serious
rdE`•fic and neighborhood quality
those factors were cited as
Very truly yours,
BIETER,COMPAN�:':
Ronald C. Co iiOkll ((//
Partner
MINUTES OF REGULAR MEETING OV*HE EAGAN CITY COUNCIL
DECEMHSI2 20, 1988 ,
A regular meeting of the Eagan City Council was held on Tuesday,
December 20, 1988, at 6:3:.::ns*.::,a,•k:::th::agan Municipal Center.
Present were Mayor Vic ET3is3;Bic#cESttisailmembers Wachter, Egan,
Gustafson and McCrea. Also presei9t we�� City Administrator Tom
Hedges, City Engineer Tom Colbert, Comm.Uni-ty Development Director
Dale Runkle, and City Attorney,;:;umes Alf ldon.
Egan moved, Gustafson seconded, the motion to approve the agenda
as presented. All voted in favor.
MINUTES
December 6. 88.Mayd::::tispn#'. requested an addition on page 10
regarding the Airport Adequacy":St:as follows:
City Administrator Tom B0.9aA:: tiri $iaited the following five
recommendations to the Coun.ek::: t - their review:
1. Endorse the Metropolitan Council Task Force's Two -Track
Approach which would permit consideration of expansion of
capacity at the current airport, which property is
identified and banked for a potential future airport. Such
endorsement cont
ingent... µpon,: the exclusion of the third
parallel runway?:.;►};*iits;;:study as the "far parallel"
2. Insist that thd'`L''ttahtt.VhMtftti ' reviews of both the proposed
Runway 4/22 Extension:::td tWi::proposed North/South Runway
be exhaustive, both ia::::.terms:;:Qf identification and
mitigation of impacts;:;:::
3. Demand that expansion of cagvity at the current airport be
managed in such a manner as to utilize the noise abatement
capacity of the Eagan -Mendota Heights Corridor as it is
currently defined by the Metropolitan Council Aircraft
Noise Policy Contours. Further that Metropolitan Policy be
amended to provide for compeirgation for communities and/or
property owners in the evenYt1hat impact areas broaden,
expand or shift,;a&;.�:.:=eau}.;;�o£ operational changes at MSP.
4. Support expansi;*:-::p :::*'*: ;#+.:; acity ,may as necessary to meet
demand until a rep 6ifi¢Qii lrtfrport can be built.
5. Support an acceleration of thk land-bank/development
process for a replacement a4 kiort to the extent possible.
Page 2/EAGAN CITY COUNCIL MINUTES
December 20, 1988
McCrea moved, Egan s Bonded, the:.Wbtion to approve the minutes
for the December 6, 1988,;;xegular CO"all meeting as amended. All
voted in favor.
SELECTiM'Qi?:i$i8F OF POLICE
City Administrator Tom Hedges explained the.interviewing process
to the Council. Mayor Ellison stated that all three finalists were
excellent candidates for the
••$9sition.•but that Pat Geagan stood above
the rest. Co uncilmember M C;:;P�kt.:::.competition was tough.
Councilmember Gustafson cori'CiYrrg3sw'i'tF:IcCrea and stated he was glad
Pat Geagan was chosen for the pdi$Ytiork: Jay Berthe commended the
Council and Pat Geagan on the s.a, ectin;U;;.
Gustafson moved, McC :: E9tdT.11 g he motion to approve the
selection of Pat Geagan as Chief ar:::alice, subject to a physical and
psychological examination, to fill the vacancy created by Jay Berthe
whose retirement is effective January 20, 1989. All voted in favor.
AUTHORIZATION TO PURCHASE POLICE SQUAD CARS
City Administrator Tfi7k1eci.9es introduced the matter to the
Council. Geagan informed tfi't Cori.-1.:•;they were requesting the
purchase of six squad cars, nqt seaesr ak stated in the memorandum.
Wachter moved, Gustafson''hgcQi".'''•.`'the motion to approve
authorization to proceed wt:F t3ie'purchase of six police squad cars
from Viking Southdale Ford*lx :::• *he amount of $13,377.00 per vehicle
with the understanding that the 1989 budget as it relates to police
capital will be reappropriated by the deletion of certain capital
items to allow an adequate amount for acquisition of the squad cars.
All voted in favor.
AUTHORIZATION TO PURCHAW#W:'* EET, POLICE ADMINISTRATION
VEHICLES
Gustafson moved, Wachter seOnded,:';-%he motion to approve the
acquisition of one police adminiikatio .:car from the Thane -Hawkins
Polar Chevrolet in the amount of $10198&s00 and for the City to
negotiate the acquisition of an additional administrative car at
either the dealer auction or a rental agency. All voted in favor.
PROJECTS 83-J, 85-E, 85-F AND 86-Q
DECLARE DEVELOPER WDEFAULT
Public Works Directorc;p®ft;�:ovided the background on the
matter to the Council. Mayd:;j?itioned if the developer was
present. Mr. Colbert stated the develogz was not present at the
meeting. Councilmember Egan questioned :. the developer had been
informed of the City's position and questioned the kind of remedies
available. City Attorney James Sheldon stated a formal declaration
Page 3/EAGAN CITY COUNCIL MINUTES
December 20, 1988
was necessary to begin thik!:process a
discussed in a closed mee4nq.
the matter would be
Egan moved, Gustaf
son::sc4pdedj;::Tie motion to declare the
developer in default for Prdei�la=J (Park Cliff 2nd Addition),
85-E (Oak Cliff 2nd Addition), 85-F, (Park' Cl iff.-.3rd Addition), and
86-Q (Oak Cliff 4th Addition) and authorize.the City Attorney's
Office to pursue remedial corrective action as may be appropriate.
All voted in favor.
City Administrator Tom
Pastor Block was leaving his
Egan moved, McCrea soip.Qift'd
for his time and dedication. All
I that the police chaplain
January of 1989.
otion to commend Pastor Block
in favor.
CONSENT AGENDA
A. Personnel r ms.
1. Additional Skating':j;ij5::::Siaff. It was recommended to approve
the hiring of Bonnie Blood, Chritppir. Mesko, Jason Onstad and Lisa
Register as seasonal skating rinksembers for the 1988/1989
winter season.
2. City Planner. It Mid&::iV-*Commended to approve the hiring of
James L. Sturm for the pog'tion of City Planner, subject to
successful completion of the City's physical- examination requirement.
It was recommended tt}::::';'.i.':::i#igarette license renewals for
1989 as presented.
C. 1989 Kennel License R neyiA.1
It was recommended to appr We the Firee kennel license renewals
for 1989 as presented.
It was recommended to approve the 89 refuse haulers license
renewal list as presented.
..
Page 4/EAGAN CITY COUNCIL MINUTES
December 20, 1988
E.
Contain
It was recommended to ap j tive.:;fie' Successful bid for the
two-piece stackable recycling"irs�fner with both containers solid
sided, to be used by households for 'curbside recycling.
It was recommended to::uiax:3z transfer of
Quit Claim process for thd• ixi ae*0;:'P-u—b1��; right-of-way
and authorize the Mayor and City":'•Clerk,:to execute all
document -
G.
title through a
of Safari Pass
related
It was recommended to approve the seventh and final payment for
Contract 87-16 (North Nicols Road) to Valley Paving, Inc. and
authorize the acceptance of the improvement for perpetual
maintenance.
LF
It was recommended to approv
additional municipal state aid:st
and City Clerk to execute all::::*�
I. Contract 87-32 F::jam#"'vas•
41. "
It was recommended to approve
Contract 87-39 (Fire Station No. 4)
authorize the acceptance f•pc.;:.pe.rpet
J.
plution designating
kites and authorize the Mayor
currents.
the fourth and final payment for
to Dell's Construction, Inc. and
ua3 :Aaintenance.
It was recommended to approve: the :*�;xth and final payment for
Contract 88-4 (Pump House No. 10i. -No A:&::K Construction, Inc. and
authorize the acceptance for perpetual 'nteiintenance.
R. Proiect 463. FinAl DmwmcnF
It was recommended to approve theft -hal payment to Dakota County
for Project 463 (County Contract 32-03)"16or the improvement of Cliff
Road east of Trunk Highway
Page 5/EAGAN CITY COUNCIL MINUTES
December 20, 1988
L.
It was recommended to
POVCAM sixth and final payment for
Contract 87-15 (Wescott Road -*"-'&- *'I.ties)*to Op" Corporation, Inc.,
and accept the improvements for perpetual maintenance.
M. Contract 87-7o. pinal Payment/Acceptance (Pressure Reducing
Stations).
It was recommended to appr the:.:ird
Contract 87-20 (Pressure Reducingt and final payment for
Inc., and accept the improvem 0 BY"to M & M Sewer and water,
etual City maintenance.
N. Contract 87-22, Fin,
Stonebridge - Trunk nt,i j t i po�
It was recommended to approve the sixth and final payment for
Contract 87-22 (Hills of Stonebridge - Trunk Utilities) and accept
the improvements for perpetual City maintenance.
0. Contract 87- ce (Bridit- Rianm -
X.
It was recommended to aPP"r.9.V--e::::t !*j:::b&nth and final payment for
Contract 87-23 (Bridle "A"Util i ties and Streets) to
Nodland Construction Compa.4V.:i::'.',-Th
b. and accept the improvements for
Perpetual maintenance.
It was recommended to
-AWWW'12. $ "'.
:-:00 Order No. 3 to Contract
M
87-25 (Braddock Trail :lOEhorize the mayor and City
Clerk to execute all related doctft!ents.,'-1--:::
Q.
Project.
It was recommended to approve as written the question for the
February 14, 1989, Community Center Referendum.
R. AQMDM-0-Sneci f i cation r /A lit-hnr i & 4
It was recommended to Bap ..... ..... X ci fications for
hle
miscellaneous street mainteWad,..Pment and authorize the
advertisement for a bid opening to be W -;d on January 10, 1989, at
1:00 p.m., for the tandem axle dump tru'Wwith snow plow equipment,
and January 10, 1989, at 2:00 p.m., for 'the street sweeper.
Page 6/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Egan moved, Gustaf soz:K':B;econded,,
foregoing consent agenda itpqms and a
All voted in favor.
..........
SKYLINE ROAD/SIBLEY HILLS::% .......
'.*........:.:.:.'.'.......:.:-
motion to approve the
ize their implementation.
(STREETS AND UTILITIES)
McCrea moved, Gustafson seconded, the motionto continue the
public hearing for Project 543B (Skyline Road/Sibley Hills Drive
Extension - Streets and Utilities) to January 17, 1989. All voted in
favor.
............................
VACATE PONDING AND UT
IL GALAkIE CLIFF PLAZA
Public Works Director Tom
..... T-bert-)&-)&-formed the Council that due
to the uncertainty of the f-1 . tila oval# staff was recommending
that the petition vacation:'b:: 'e i*' :- .: hd that it be reconsidered at
such time as the final platis proposed to be Processed.
Wachter moved, McCrea seconded, the motion to close the public
hearing and to continue indefinitely the vacation of the ponding and
utility easements within tbe. proposed Galaxie Cliff Plaza Addition,
until final plat approval.::.,'.'A.i'.3;---.y.Rted in favor.
FINAL
BUDGET
City Administrator Tom He:c:
. 1`
... 9.9Z.*i:KZ;Sftted the matter to the
Council. Mayor Ellison stat&A.:..t
was an overall increase but there
was a decrease in the mill
:..% Councilmember Wachter stated that
staff had done a wonderful"3*6b on the Project.
Wachter moved, Gustafson seconded, the motion to ratify the 1989
general fund and public utility operating budget as presented.
METROPOLI ESENTATIVE
City Administrator Tom Hedge0::4pdatj4 the Council on the matter
and explained the process. He dis t"t*%ibute.4'ii copies of a letter received
from Margaret Schreiner. (see Exh#i$.*jt A)::-::::::14argaret Schreiner and
Deborah Tompkins presented their** 1 pec
Council. res tLlVe qualifications to the
Councilmember McCrea stated She felt it was important for the
Council to endorse a candidate Mayor Ellison stated he felt Eagan
needed representation on the Council.
T ouncil voted on the
McCrea moved, Gustaf
60 motion to endorse Deborah
0
Tompkins for appointment to District Fift.e.en of the Metropolitan
Council to replace Mary Martin who is n X.
voted in favor. reappointment. All
Page 7/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Councilmember McCrea*%iequested
the Governor.
SENECA WASTE
send a follow-up letter to
PLANT AGREEMENT
City Administrator Tom Hedges updated the Council on the
project.
Becky Comstock presentftd-:::t1As:.::p1pp
. lMped agreement and stated that
the MWCC may not enter ... ......... -
" **A0t;eft4#t. She stated there was a new
Section 3.4. which gave control 992. She described various
l
Provisions of the agreement. ex -7
Councilmember Egan quast, -,if ..::t
� agreement was a draft
document. Ms. Comstock sta:
raft document at this time as
the revised agreement had not been approved by the MWCC. However, the
MWCC had approved an earlier agreement known as the "December 13th"
agreement. Mayor Ellison asked Ms. Comstock to point out the
differences between the proposed agreement and the adopted agreement.
Ms. Comstock outlined the changes.
Councilmember Wachteim'--m**tA.tj d ---4e was concerned with the track
record and felt that the should have a method for
enforcement. He was disappoint-.*Od.
here were any rights or
Councilmember Egan ques...'""
:.. . :MM -..:X-'-
remedies changed from the i 4 proposal. Ms. Comstock stated
only the odor review proviaii"Is and the City staff inspections.
There was further discussion regarding the revisions to the
agreement. Ms. Comstock summarized the MWCC's primary concerns with
the new agreement. Councilmember McCrea was impressed with the
proposed agreement. mayor :'that no one would come away
completely satisfied.
Jean Matross (Attorney for mapped the background on the
matter and stated the time sched'*'e to int the conditions was the
only sticking point as the 1992 difte coaWd not be met. She stated the
schedule presented by MWCC was its best estimate.
Bob Isaacson (MWCC Engineer) reviewed the improvements and
stated that five to six projects were converging on one plant. He
stated there was complicated constructift-:management and stated an
alternative of installing incinerator o43.. control before 1992 if the
incinerator was continued.
had been
reduced from seven to five years. Mayor Ellison
questioned if it was physicA 0. 4 -* Mr. Isaacson it wasW .
improbable. Councilmember Egan question*.A::if it could be done but it
was economically more expensive. Mr. Isik""imon said that was a fair
statement.
ge 8/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Betty Bassett stated she felt the...* CC was sliding back to its
original position and that:iismanagemQ�t:had caused the present odor
problems. She had concerns -'::'i'-'"-'.- ardinc,).;ae scenic easement as it gives
the citizens no security. ST�Et.;:€:E�.:ttptpiing was being done.
John Wesley, 1747 Bluebill, stated he felt'the MWCC was dragging
its feet and that it could meet the deadlines. He had concerns
regarding the escape clause and requested the City meet with the PCA.
City Administrator Tom Hedges::;stated;.skaff had been in contact with
the PCA. Community Develoisi""ii#:#�;Ct7:bale Runkle explained the
permit process of the PCA and s as. ec3 tW the City would have input.
Mr. Wesley stated the goal ::"ould;:: to clean up the plant as
soon as possible. He also had.::eQ#t- -nix; £egarding the zoning. City
Attorney James Sheldon sta�`'e'm}p;l was dealing with the
platting concerns at the ptesent tID'd Mr. Wesley distributed
information on zoning (see Exhibit B).
Terrell Fridley (Attorney for Citizens Against Seneca Expansion)
stated he felt the agreement Ms. Comstock presented was the best
possible agreement. He furfEtar.•,stated the 1992 deadlines were
appropriate. He requested 44.*;i:gddi.tion of language that the zoning
was I-1 and requested other tevie• .-.-.- .
John Melon, 3680 Ashbury...
'
axl:ssed his concerns regarding
enforcement. Councilmember Mc,*rd4ted several provisions of the
agreement addressed enforcaiifeEtt•' '�ouncilmember Gustafson stated the
PCA had rules and regulatiri enforced. Councilmember Egan stated the
agreement was much improved from the last one the Council reviewed
and felt there were remedies of default available for Council action.
Mr. -Melon stated he felt enforcement was more important than
dates. Mayor Ellison concured:::kij�Q:;.Melon and stated he felt a
decision should be made as?:tai¢::::;a$#;was more important.
Councilmember Egan felt the MWCC :.was say&;ng it was economically
irregular. He felt 3 1/2 years was:: enol*-'— time. He further stated it
was necessary to have a monitoriQ:systft and that the agreement as
presented accomplished many of ttie::conciins. Councilmember McCrea
supported Mr. Egan and felt the dates mg'y" need modification.
Councilmember Gustafson stated he was sensitive to the past problems
and also to the MWCC's concerns. He felt the agreement as presented
was the one the Council should adopt. Councilmember Wachter felt the
PCA had not done its job. He was total lr:;;discouraged and not happy
with the agreement. He felt the conceraof the neighbors were not
addressed. Mr. Egan stated the preliminaity plat was contingent on any
agreement. Mayor Ellison prs;##J;rfi e::;�$,t#tter would be back before
the Council in January becaiigi:4e::e:t>`-dire
agreement. MWCC would not approve the
Ms. Matross informed the Council t9at if the 1993 date was
granted, the remaining items could be discussed. She stated the one
Page 9/EAGAN CITY COUNCIL MINUTES
December 20, 1988
XXX
point in disagreement wass:the 1993 ddi*". Mayor Ellison suggested that
if the Council compromisQa:;,on the dada} they would be farther ahead
as the matter had gone ori::{ six mphs. Ms. Matross stated she
could commit to the notice'*: ".....vis#43) 'and a two year review.
Mayor Ellison recommended continuing the matter for two weeks to
allow review regarding the date, with the other language remaining
the same as proposed. Councilmember Egan stated they must insure that
the other provisions remain the same as proposed.
McCrea moved, Gustafsiofi"seWnnedF:::.the motion to continue the
MWCC agreement for the expans-1cft:'of th0 Seneca Waste Water Treatment
Plant to the January 3, 19891 Q.Q.pncil;;paeeting to allow for further
review regarding the dates, wi.t :::a11 •#�iher language remaining the
same as presently propose:`. ::1•' tp.::�:n favor.
Councilmember Gustafson stated .he felt that if the
Councilmembers did not receive a final packet by December 29, 1988,
the matter should not be heard at the January 3, 1989, Council
meeting.
PARR
City Administrator Tom
Council. Community Developm
details of the development
Recreation Committee's coni
LAND COMPANY
used the matter to the
ale Runkle presented the
and referenced the Parks and
Martin Colon (developer) introduced the following people who
would be presenting the project to the Council: Tim Erkkila - Land
Planning Report Presentation; Fran Hagen - Utilities Presentation;
Mitch Wanson - Traffic Presentation; and Charles Hartholdi - Legal
Presentation.
Tim Erkkila explained the pr-Anciplas of the land use planning
and stated the developer was send$tive::�o the existing development
Patterns. He presented a diagrar4ijijOf thW:: current uses. He stated there
was no current residential uses iiid th Ke was no definitive reason
for the D -III designation. He stated tfii comp guide plan was
incorrect as the D -III designation was incompatable with park use. He
suggested a commercial planned development was the best use for this
site and also pointed out that a planned development preserves the
municipal review process.
Fran Hagen updated the Council on" e grading and the utilities
aspect of the project. He :fir#.ei�ei3::ii;'.g=ading plans and possible
changes, the quality of wataY::::3fikce:::pDiiding area and the sanitary
sewer and water main services.
Mitch Wanson (traffic engineer) bi:3:efly described traffic
presentation to the Council.
Page 10/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Charles Bartholdi surAXgarized the;:pperall presentation and
referenced letters and rept i.t.s which. -:# a been sent to the City
Administrator. He requested:"1ia*. ; � to be included on the record
in regards to the applioatioif'c--'e::€iiYther: stated Federal Land was
willing to accept all staff conditions and assessments and that it
would satisfy all City concerns. He updated the Council on the status
of the HRA option agreement and stated that if the property were used
for elderly housing, the sq.uAre. footage,:of the remaining project
would be reduced. He requssEeii:;:a`"att�E;:
:'to rebut the adverse data and
stated the architect was '.13:4'estions.
Pat Laughlin (Hoffman Devel:o�anent.�::.}�ad concerns regarding the
ponding's effect on its pro ert':;:;.
Doris Wilkins stated'senior'`Sstie was necessary in Eagan and
that the site in question was an excellent choice. She suggested the
Council require senior housing as a condition of approval.
Councilmember Egan questioned if the parking stall requirements
were met. Mr. Runkle stato..;;the requirements had been met. Mr. Egan
had concerns regarding the::::ygidispt..on the traffic. Mr. VanWormer
addressed the traffic concerfis*`494*:;r::heaccess problem. Public Works
Director Tom Colbert informed;:the'Comfci,; that the County wanted to
view the access on the entirei: trip:be€bae final approval. There was
much discussion regarding the:crs:aiii� the traffic study.
Mayor Ellison questioned"" the piece was evaluated for the
traffic study as commercial or residential. Mr. VanWormer stated it
was reviewed as commercial'and that the access would work until three
lanes were necessary.
Councilmember Egan haI;:;:an=;Dg:;t�arding potential assessments
and questioned if the City:V0. �.y::WAt*tAcial agreements. Mr. Colbert
suggested the pre -payment of prof:apted pbligations. Mr. Egan had
concerns regarding the Hoffman p6iii8. Mr';:::;Colbert stated the storm
plan anticipated some flow from de prodiJct.
Mayor Ellison asked for the results 'of the commercial study.
Community Development Director Dale Runkle stated the area could
support additional commercial projects. Councilmember Egan supported
continuance of the matter for 30 days to review the zoning issue and
the traffic analysis. Councilmember McC:o.,a stated she felt traffic
circulation should also be addressed. )*or Ellison asked for an
estimate of the tree loss and how to sa`'''e as many trees as possible.
He also asked for landscap }#*gt"": i93;t�plans, the building
materials and review of the:*:zatt2ttg:is�k:ge= Councilmember Gustafson
favored the proposal as presented, howeger, he had serious
reservations regarding the commercial 4�4dy. He stated that if all
questions were answered, he favored the��:j* oposal. City Administrator
Page ll/EAGAN CITY COUNCIL MINUTES
December 20, 1988
Tom Hedges referenced a liter receive'ii'`'from Ronald G. Cornwell of
the Bieter Company (see Ei&bit C)
Egan moved, McCrea se":.:....
66'"" :':':*moi.. -
Comprehensive Guide Plan ame� .... #'i�i.'ij�.*-#::-iaotion to continue the
&Wiii"from D -III to CPD, rezoning from
Agricultural to a Planned Developmerit, a preliminary plat entitled
Park Center Addition, and a conditional use permit for pylon signs as
requested by the Federal Land Company to the February 7. 1989 city
Council meeting, to allow regarding the zoning,
traffic, tree loss, lands
All voted in favor. Ape, mm ' Jng and building materials.
Egan moved, Gustafson seconW*ed,, Qjij: motion to approve a joint
traffic study with the County.-.�g' . tird
d in favor. ixi*
� the Park Center Addition. All
vote
CONDITIONAL USE PERMIT/FLOUR BIN/0*-SALE LIQUOR, WINE OR 3.2 BEER
Community Development Director Dale Runkle provided information
to the Council regarding the application and stated the APC
recommended approval of
Lynn Reimer (owner) pre"'s"i
Council. Councilmember Egan qt
the type of the restaurant. Ti
as a full service restaurant.�
questions regarding the ba ::::Q
the seating capacity. Coun 'H'
owner as a restaurant manager.
32R -.theme and the decor to the
rdi! A1 there would be a change in
there would be a change
posed. Councilmember McCrea had
e owner stated it would be 128 of
Gustafson highly recommended the
Gustafson moved, McCrea seconded, the motion to approve a
conditional use permit to allow on -sale liquor, wine or 3.2 beer in a
neighborhood business dist:r-.�:ot-:-f:'
Inc. restaurant,
subject to the following
1. An approval of the lic
I u 0 e-i�:A ice 064* investigation.
2. All applicable code ordin::I::[::tices.......'.*:*
All voted in favor.
Egan moved, Gustafson seconded, the motion to approve a liquor
license for Flour Bin,, Inc. restaurant#.-.'..':9bbject to the following
conditions:
1. An approval of the
investigation.
2. All applicable code ordinances...::.% -.-
All voted in favor.
Page 12/EAGAN CITY COUNCIL MINUTES
December 20, 1988
...........
EPISCOPAL (MURCII.:.ADDITION
Community Development '*"'*'*%'*t:00t-.'O*f::::Ztole Runkle introduced the site
plan to the council. Pastor I85c W490rmed the Council he was
available for questions. I i .
Wachter moved, Gustafson seconded, the motion to approve the
Comprehensive Guide Plan amendment frq1A.D-III to Public Facilities
for the Episcopal Church
:x ....... ted in favor.
Egan moved, Gustafson secoA d. t": motion to approve a rezoning
from R-4 to Public Facilities fa&theftiscopal Church Addition. All
voted in favor.
Egan moved, Wachter sL*ddn'nJedj%%t'1f'di%' 'motion to approve a
preliminary plat entitled Episcopal Church Addition, subject to the
following conditions:
1. The standard conditions of plat approval as adopted by
Council action on Septembs:1;:.:.J5 1987, shall be complied with: A-1.
B-1, B -2r B -3l C-11 C-2, -lr F-1 and G-1.
2. The parking stalls
3. The detailed landsca
screening the parking area--.-*
apartments to the north.
wide.
r':V'ill place emphasis on
Public streets and the
4. The City shall inspect the single family home to insure all
building codes are being satisfied.
5. the access ontoill be finalized with all
concerned parties The pro ..... A-mg
a width of 30 feeL ... .. R.... trance to be constructed to
6. All signage shall conforr*:::.to Com. requirements.
7. The proposed development is su to additional
requirements pertaining to grading, drainage and fire hydrant
coverage with the final plat phase of development.
8. The finished floor elevation fok...-....�the a
at least 984 feet. worship center shall be
All voted in favor.
Councilmember McCrea noted that qtWkity control should be
considered.
Page 13/EAGAN CITY COUNCIL MINUTES
December 20, 1988
BUR:ft HILLS 211 .:4LDDITI0N
60 -DAY E8i".
. .........T0 MRD FINAL PLAT
Gustafson moved, McCrea s4Cttfided, the motion to approve the
60 -day extension for the final plat filing date of December 18, 1988,
to February 18, 1989 for Bur Oak Hills 2nd Addition. All voted in
favor.
AMENDMENT ::
T�1����:�:E1.8.!��AGAN CITY CODS
MASSiUm/ 9EDS$;?,ICENSE
The Council discussed the 66;.cessi;ty;to modify Chapter 6.
Wachter moved,Gustaf:seco3r` the motion to continue the
request by Molly B.1okopit A'yskn for amendment of City Code, Section
6.40, Subd. 4(d), regarding the elimination of the wording that women
can only massage women and men massage men to the February 7, 1.989
City Council meeting. All voted in favor.
AMENDMENT TO CURTER 13 OF THE EAGAN CITY CODE
9*0:00" PERMITS
Wachter moved, Gustafson ;$econiie�.x,:;.the motion to approve an
amendment to Chapter 13 of th�:Ea%,a-p;;tlzgr Code regarding model home
permits which would restrict :aspK:ova--Of the permits until after the
final plat approval was appKt�ved'; All voted in favor.
AMENDMENT TO -CHAPTER 2 OF EAGAN CITY CODE
SALARIES OF MAYOR AND CITY COUNCILMEMBERS
Councilmember Wachter stated the salaries did not fully
compensate the members for;:2ta:::::tjtAtk?{iuncilmember Egan stated he
felt the action should the fall.
McCrea moved, Gustafson sect led, #-he motion to approve a City
Code revision to Section 2.11 chairi
per month and each City Co unci ng ate Mayor's salary to $600.00
All voted in favor. lmem$er's:Olary to $450.00 per month.
1989 SALARY ADJUSTMENT FOR CITY EMPLOYEES
City Administrator Tom Hedges infoigged the Council that each
calendar year the City Council gives coUl deration to a
cost -of -living adjustment to "a* o8a a:tQ non-union personnel.
Councilmember McCreauld keep watch on the
health care. coverage. Mayor Ellison the:ealth care costs was
increasing rapidly.
Page 14/EAGAN CITY COUNCIL MINUTES
December 20, 1988
r 9 I e -motion to approve a wage
increase of 3.75% for non -.
.pion persorklkgl. All voted in favor.
Gustafson moved, Wac -Aceft i the motion to approve the
payment for the total amount
ealth insurance coverage and
the lowest family plan amount for those employees choosing family
coverage. All voted in favor.
Egan moved, Gustafson-.g*.rvPAdedF the motion to approve the
adjustment of other benefit.:.""
.'........ as necessitated by Section
89. All voted in favor.
DNR DEER V"uLATXOM SURVEY
COST..::* -Ticr."kON
There was discussion "''O'g"ard ri4:-::#haring the Survey costs.
Gustafson moved, Egan seconded, the motion to approve costs
participation with the Department of Natural Resources to evaluate
deer population in the City at 508 of the actual cost not to exceed
$400.00. All voted in fave-E-
The Councilmembers were
basic cable through the Nort
AGENDA
an increase in rates for
le Company.
Egan moved, Wachterthe motion to ratify the list of
Reaction Committee memberd'.1reviewing the Community Center project.
All voted in favor. I
Public Works Director Tom Colbert informed the Council that a
joint CdunCil/APC/Park COmmiP.4iiQr+.-.M2.q-tin,9 was necessary to review the
water quality management date for the
meeting was set for Februi'*r"*,V*"'"I.:..4...'..........x.:.:..:.:
. f!M*-.----'-"'
There was discussion regar
early February.
a r#ifireat in late January or
The City Administrator informed the council the employees
thanked the Council for the new copy machine.
There was discussion regarding off -ice remodeling and the City
Administrator was given direction to prfteed with modular office
equipment for use by the Parks and Reci 'tion Department.
Egan moved, Gustafson'iaijji otion to schedule a special
City Council meeting to review commiss;-M appointments for January
101 1989.
Wachter
moved
E an
i"—A-A
r 9 I e -motion to approve a wage
increase of 3.75% for non -.
.pion persorklkgl. All voted in favor.
Gustafson moved, Wac -Aceft i the motion to approve the
payment for the total amount
ealth insurance coverage and
the lowest family plan amount for those employees choosing family
coverage. All voted in favor.
Egan moved, Gustafson-.g*.rvPAdedF the motion to approve the
adjustment of other benefit.:.""
.'........ as necessitated by Section
89. All voted in favor.
DNR DEER V"uLATXOM SURVEY
COST..::* -Ticr."kON
There was discussion "''O'g"ard ri4:-::#haring the Survey costs.
Gustafson moved, Egan seconded, the motion to approve costs
participation with the Department of Natural Resources to evaluate
deer population in the City at 508 of the actual cost not to exceed
$400.00. All voted in fave-E-
The Councilmembers were
basic cable through the Nort
AGENDA
an increase in rates for
le Company.
Egan moved, Wachterthe motion to ratify the list of
Reaction Committee memberd'.1reviewing the Community Center project.
All voted in favor. I
Public Works Director Tom Colbert informed the Council that a
joint CdunCil/APC/Park COmmiP.4iiQr+.-.M2.q-tin,9 was necessary to review the
water quality management date for the
meeting was set for Februi'*r"*,V*"'"I.:..4...'..........x.:.:..:.:
. f!M*-.----'-"'
There was discussion regar
early February.
a r#ifireat in late January or
The City Administrator informed the council the employees
thanked the Council for the new copy machine.
There was discussion regarding off -ice remodeling and the City
Administrator was given direction to prfteed with modular office
equipment for use by the Parks and Reci 'tion Department.
Egan moved, Gustafson'iaijji otion to schedule a special
City Council meeting to review commiss;-M appointments for January
101 1989.
Page 15/EAGAN CITY COUNCIL MINUTES
December 20, 1988
City Attorney Jim ShA'aon informed''ihe Council an executive
session would be held foilii3ng the Cgftbil meeting to review pending
lawsuits.
Wachter moved, Egan seconded, the motion to approve the check
list dated December 20, 1988, in the amount of $1,016,525,20. All
voted in favor.
AD3(ItNlIS'
The meeting was adjourned
December 5, 1988
Dear Tom,
t H4
I have applied to the governor':foi`::
Council for District 15. District 1
past this seat has been held by Mar
ment.
Our city is not only the fasteA�:g*ou
the largest and fastest growing secti
had a representative on this council.
I believe that we need to have a
waste management, airports,
environmental concerns.
I would very much appreciate
happy to discuss any concern
most hours of the day.
Thanks for your consideratioi
Sincerely,
Margaret Daniel Schreiner
1795 Monterey Lane
Eagan, MN 55122
to the Metropolitan
the city of Eagan. In the
o -is not seeking re-appoint-
ty in the metro area but also
this district. Eagan has never
region approach to such issues as solid
orporate growth, land use and
this endeavor. I would be
can be reached at 454-1744
52. "Nonconforming Use" - Use of land, building or
structures which does not comply with all the regulations or
the City Code governing the zoning district In which such
use
In located, adopted subsequent to the initiation of said
use.
......... .. .
subd. 16. ;� Limited In$1L$trial District.
A. Periq:ftted Use s..;---W:lthln any "I-1" Dis-
trict, no structure oe::Und shall, ¢p:::ilsed except Ear one or
more of the following%:ik6g;;,p,l�•.,uasta:beemed similar by the
Council t ...:.
1. Conducting a process, fabrication,
storage or manufacturing light materials or wholesaling
operation or providing a service including any of the fol-
lowing or similar uses meeting the performance standards
applicable to the "I->r!;;�ts�c•iott;;::;;:
2.""'A'utofipbTIe .....Inting, ,upholstering,
tire recapping, and major roWLr wh>¢tt;: conducted completely
In an enclosed building.
3. Ice,; *ii ld steq;;age planta, bottling
works.
4.:X,akls ee9;r
Mg'chIne'an8`welding shape.
6. Paper products.
7. Tennis club, skating, theater,
bowling alley or similar indoor commercial recreation.
R. Radio and television.
9. Restaurants - Class I only.
M::::-:- vsearch laboratories.
school.
12."W#eiii►uelny and wholesaling and
related sales or showrooms.
13. StCtage x4rdB;:or building materials
provided they are suitablp:;scitgtigd i::'
14. AIYgtOs :ot convention hall.
15.::::?::R#tl�al hospital or_ clinic (with no
outside kennels).
4. Loading docks, truck parking, or
open storage shall not be permitted on the side of an 0I-1"
District abutting an Agricultural, Residential or Public
Facilities District.
SECTI:1! 6.01. -- CEMERAL RECUTATION3
Subdivision L. -- NON-CONFORN1i:0:1�4. A6:::iawful use of any
structure or land existing at the time of adoption of this ordinance
or any amendments thereof which does not conform to the permitted uses
In the dlatrict•In which ouch land or structure ,},s located may continue
provided thatt ,
I.. No substantial::ny such non -conforming
land or structure.
9. 110 addition which amounts to -`#::than 5% of the value
of any such non -conforming structure:ts made. .•. •,
C. No non-conforminp structure..lo.moved of substantially
-16-
--- -
5200 T* ;yI i6,iv'Wdad' " Q% 201
Minneapolis, Minnesotat *=55424
December 19,•1988
SUBJECTi Proposed Rezoning
Park Center Addition
Federal Land Company
Dear Mr, Hedges:
The Bieter Company opposes the applicaYtlti''iii Federal Land Company for
commercial zoning for its property nor'tfi of Clad and west of Cliff Lake
Drive.
Comriercial zoning for the pt808tty would be inconsistent with the city's
Comprehensive Guide Plan. It would also ignore the substantial public opposition
there has been to further commercial development in the'area, Commercial zoning
for the site would increase traffic, add to the overburdening of roads in the
area and degrade the quality of the nearly residential neighborhood, park,
and school.
It would be unfair and discrimiiiatory,:'Eo''
tial despite an inconsistent guide plan d4gigna
Bieter Company's application for commerciA—* zon
such an inconsistency. Although the B1et6iC2:app
neighborhood opposition and adverse effects on
of the magnitude presented by this application;
reasons for denial of the Bieter application,
RGC/gsr
biome this property to commer.
iWi when the city denied the
agi;argely on the basis of
i"ition did not present serious
rdE`•fic and neighborhood quality
those factors were cited as
Very truly yours,
BIETER,COMPAN�:':
Ronald C. Co iiOkll ((//
Partner