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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