12/15/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
December 15, 1992
A regular meeting of the Eagan City Council was held on Tuesday, December 15, 1992, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein,
Director of Public Works Tom Colbert, and City Attorney James Sheldon.
VIDEO EQUIPMENT
The meeting began with a demonstration by Mike Reardon, Cable Coordinator, of the new video
equipment installed in the City Council chambers.
GOOD LUCK TO OUT -GOING COUNCILMEMBERS
MCCREA AND PAWLENTY
Mayor Egan thanked Councilmembers McCrea and Pawlenty, at this their last City Council meeting,
for their energies and efforts on behalf of the City of Eagan. The Councilmembers both extended their
appreciation to the Mayor, the rest of the Council and the City's residents for what has been an enriching,
learning experience for them both. Good luck; we shall miss them.
City Administrator Hedges advised that Consent Agenda Item A.3. City of Eagan, Personnel Policy
Revision was continued for further review.
Pawlenty moved, McCrea seconded, a motion to approve the agenda for the December 15, 1992, regular
City Council meeting as amended. Aye: 5 Nay: 0
McCrea moved, Wachter seconded, a motion to approve the minutes of the December 1, 1992, regular
City Council meeting as presented. Aye: 4 Nay: 0 Abstain: 1 ( Awada)
Wachter moved, Pawlenty seconded, a motion to approve the minutes of the November 24, 1992, special
City Council meeting as presented. Aye: 5 Nay: 0
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POLICE DEPARTMENT /DISPATCH AGREEMENT
CITY OF ROSEMOUNT
Mayor Egan introduced this item as consideration of the dispatch agreement between the City of Eagan
and the City of Rosemount.
After a brief history, Awada moved, Wachter seconded, a motion to approve a contract between the
Cities of Eagan and Rosemount whereby the City of Eagan will provide dispatch services to the City of
Rosemount Public Safety Service. Aye: 5 Nay: 0
0: 4
Page 2 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
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A plaque was presented to former Fire Chief Ken Southorn in appreciation of his service to the City
as Fire Chief the past six years.
Mayor Egan commended the Police and Fire Departments for their handling of the Dennis Seiz tragedy
that occurred over the past weekend.
filARM
A. Personnel Items
Item 1. Seasonal Winter Recreation Leaders - -It was recommended that the hiring of Chris Larson,
Mike Bland, Erin Halash, Andy Hendrickson, Colin Johnson, Dennis Johnson, Brian Sajadi, Paul Skwiri, Sam
Vaughn, Amy Wegleitner, Courtney Whitehouse, Kent Knutson and Chris Neuer as seasonal winter recreation
leaders be approved.
Item 2. Undergraduate Parks and Recreation Intem - -It was recommended that the hosting of Dan
Schultz as an undergraduate recreation intern by the City of Eagan be approved.
Item 3. City of Eagan Personnel Policy Revision - -It was recommended that the revised City of Eagan
Personnel Policy be continued for further review.
Item 4. Long Term Disability Insurance -41 was recommended that replacement of the City's current
short and long term disability insurance coverages with a single long term disability policy for all employees
currently covered by the short and /or long term disability policies be approved.
Item 5. 1993 Wages & Benefits /Regular Non - Collective Bargaining Employees - -It was recommended
that a 2.5% increase in compensation for non - collective bargaining employees for 1993, an increase in the City's
contribution toward employee plus dependent health insurance coverage for those employees to $286.81 per
month, an increase of 2.5% for car allowances and setting the mileage reimbursement amount at the 1993 IRS
mileage amount be approved.
B. Plumbers Licenses
It was recommended that plumbers licenses for: 1) Bodeker Plumbing & Heating, 2) Dakota Plumbing
& Heating Inc., 3) Genz -Ryan Plumbing & Heating Co., 4) Joyce Plumbing Inc., 5) Hessian Plumbing Inc., Tom,
6) Hokanson Plumbing Inc., 'n Metropolitan Mechanical Contr. Inc., 8) Neu Plumbing, 9) Peterson Plumbing
& Heating, 10) Spriggs Plumbing & Heating Co., 11) State Mechanical Inc., 12) United Water & Sewer Co., and
13) Voson Plumbing Inc., be approved as presented.
C. Cigarette License Renewals
It was recommended: 1) that the tobacco renewal applications for 1993 be approved as submitted
(Exhibit A), 2) that staff send a letter to the Tobacco Task Force advising the members of the status of tobacco
sales to minors during 1992, including the police report, and 3) that police personnel continue to monitor tobacco
sales to minors in 1993.
D. Licenses, Refuse Hauler Renewals
It was recommended that the 1993 refuse hauler license renewals be approved as presented (Exhibit B).
0 �- -It
Page 3 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
E. License. Stable Renewal. Diamond T Ranch. 4889 Pilot Knob Road
It was recommended that the stable license renewal for Diamond T Ranch, 4889 Pilot Knob Road, be
approved.
F. Resolution of Support /Minnesota Valley Trail
It was recommended that a resolution supporting the expansion of funding by the State and Department
of Natural Resources for arterial connection and construction of the Minnesota Valley Trail be approved.
(�,q; lDti
G. Resolution of Support /Transportation Utility Legislation
ation
It was recommended that the resolution of support for a transportation utility be approved and the
Mayor and City Clerk authorized to execute said resolution.
H. Project 647, Receive Petition /Order Feasibility Report (Englert Rd. - Streets & Utilities)
It was recommended that the petition for Project 647 (Englert Road - Streets & Utilities) be received
and the preparation of a detailed feasibility report ordered.
Contract 91 -11. Approve Change Order #2 (Wellhouse #16)
It was recommended that Change Order #2 to Contract 91 -11 (Pumphouse #16) be approved and the
Mayor and City Clerk authorized to execute all related documents.
J. Contract 93 -01. Receive Bids /Award Contract (Maintenance Facility Expansion - Cold Storage
Buildin
It was recommended that the bids for Contract 93 -01 (Maintenance Facility Expansion - Cold Storage
Building) be received and the contract awarded to Penn -Co Construction in the amount of the base bid plus
Alternates #1, 2, 4, 5, 6 & 10 and the Mayor and City Clerk authorized to execute all related documents.
K. Vacate Street Right -of -Way. Receive Petition /Order Public Hearing (Skyline Road - Adjacent
to Lot 11, Treffle Acres)
It was recommended that the petition to vacate a portion of Skyline Road be received and a public
hearing scheduled for January 19, 1993.
L. Contract /Building Code Administration /Deerwood Middle School
It was recommended that an agreement between the City of Eagan and the State Building Code Division
for administration of the Eagan Middle School #3 Project be approved as presented.
M. Resolution /Wetlands Conservation Act
It was recommended that a resolution outlining the City of Eagan's positions regarding permanent rules
for wetlands conservation be approved as presented.
R- 92.111
N. Final Plat /Town Centre 100 11th Addition
It was recommended that the final plat for Town Centre 100 11th Addition be approved.
R- 92.112
Page 4 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
O. Final Plat /Oak Cliff 7th Addition
It was recommended that the final plat for Oak Cliff 7th Addition be approved.
R- 92.113
P. Budget Adiustment /Erosion Sedimentation Clean -Ug
It was recommended that the 1993 storm water utility budget ( #64) for object #4471 (street sweeping)
be adjusted by an additional $8,000 bringing the total to $16,000 for this object.
Q. SWAC Recommendation /Reycling Enclosure Enforcement
It was recommended that the recommendation of the Solid Waste Abatement Commission delaying
enforcement of the outdoor storage enclosure requirement for recycling containers for a period of 18 months
beginning January 1, 1993, through July 1, 1994, be approved.
R. Contract 90 -X. Acknowledge Completion /Authorize Maintenance (Lexington Pointe 7th
Addition - Streets & Utilities)
It was recommended that the completion of Contract 90 -X (Lexington Pointe 7th Addition - Streets &
Utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions
of the development contract agreement.
S. Galaxie Cliff Plaza. Declare Development in Default /Authorize Liquidation of Financial Security
It was recommended that the developer of Galaxie Cliff Plaza Addition be declared in default of their
development contract obligations and the liquidation of financial security to cover all costs associated with curing
this default be authorized.
T. Contract 91 -03. Final Payment Acceptance Elrene & Trails End Road - Streets & Utilities)
It was recommended that the 11th and final payment for Contract 91 -03 (Elrene & Trails End Road -
Streets & Utilities) be approved in the amount of $16,281.43 to McNamara Contracting, Inc. and the
improvements accepted for perpetual City maintenance subject to appropriate contract warranty provisions.
U. Contract 89 -13. Approve Change Order #11 (Cliff Road Water Treatment Facility)
It was recommended that Change Order #1 to Contract 89 -13 (Cliff Road Water Treatment Facility)
be approved and the Mayor and City Clerk authorized to execute all related documents.
V. Resolution /Denial of Conditional Use Permit for Outdoor Storage /Lots 4 & 5. Block 1.
Blackhawk Plaza
It was recommended that the ratification of the denial resolution for the conditional use permit for
outdoor storage requested by Blackhawk Plaza be approved as presented. R- 92.114
W. Resolution /Denial of Conditional Use Permit for Outdoor Storage /Lot 1. Block 1. Bicentennial
First Addition
It was recommended that the ratification of the denial resolution for the conditional use permit for
outdoor storage requested by Bicentennial First Addition be approved as presented.
R- 92.115
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Page 5 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
Nay: 0
Wachter moved, McCrea seconded, a motion to approve the Consent Agenda as amended. Aye: 5
There were no public hearings.
ON -SALE LIQUOR LICENSE /BRIAN MANGINE
Mayor Egan introduced this item as a license for on -sale liquor for Brian Mangine/Hall & Convention
Center, Inc., Lot 1, Block 1, Oak Cliff 7th Addition.
McCrea moved, Awada seconded, a motion to approve an on -sale liquor license and Sunday license for
Brian Mangine for a hall and convention center in Oak Cliff 7th Addition. Aye: 5 Nay: 0
PRELIMINARY PLAT /BRAUN SUNRISE 2ND ADDITION
Mayor Egan introduced this item as a preliminary plat for the Braun Sunrise 2nd Addition /Henry A.
Braun, of three single -family lots on approximately 2.3 acres located along the south side of Braun Court, east
of Pilot Knob Road in the southwest quarter of Section 15.
There were a number of questions regarding access from Lot 3 to Pilot Knob Road and it was noted
that approval had been granted by the Dakota County Plat Commission.
Wachter moved, Awada seconded, a motion to approve a preliminary plat for Braun Sunrise 2nd
Addition consisting of three single -family lots on approximately 2.3 acres located along the south side of Braun
Court, east of Pilot Knob Road in the SW 1/4 of Section 15 and subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be
complied with:
Al, B1, B2, B3, B4, Cl, C2, D1, El, Fl, Gl, and Hl
2. Lot 3, Block 1, shall have 50' street frontage.
3. The proposed house on Lot 2 shall be constructed 3' above the 100 -year high water level of the low
area on Lot 2.
4. The construction of the house and driveway on Lot 2 shall allow the drainage to be maintained across
Lot 2 to the existing 12" storm sewer system.
5. The proposed house on Lot 3 shall be raised up to allow gravity sanitary sewer service to serve the
proposed house.
6. A 20' drainage easement shall be dedicated across Lot 2 to provide for the drainage that flows across
the lot.
Page 6 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
7. The proposed access to Pilot Knob Road for the Lot 3 restriction imposed by the County must be
resolved prior to final plat.
8. The development is required to maintain existing drainage patterns along Pilot Knob Road if the
County allows access for proposed Lot 3.
9. A turn - around driveway is required for Lot 3, Block 1.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT /PRELIMINARY PLAT
CONDITIONAL USE PERMIT /PARK CENTER 3RD ADDITION
Mayor Egan introduced this item as a planned development amendment for Park Center 3rd
Addition/Taco Bell Corporation to allow a Class II restaurant in the Park Center Planned Development, a
preliminary plat, consisting of .98 acres and a conditional use permit for a pylon sign located along the north side
of Cliff Road, west of Cliff Lake Drive in the SE 1/4 of Section 30. City Administrator Hedges reported that
this item had been before the Advisory Planning Commission at their November 24 meeting and they had
recommended approval.
Acting Director of Community Development Hohenstein indicated that the temporary access to the
proposed Taco Bell restaurant had presented some concerns and referenced two conditions relating to that
access. In addition, Mr. Hohenstein stated that the applicant had agreed to an all-brick facade and was willing
to make that a condition for the remainder of the shopping center as well. Mayor Egan asked Martin Colon
of Federal Land Company where a Class I restaurant would be built as part of this development. Mr. Colon
stated that this particular location was too small for a Class I restaurant and they are proposing to anchor the
shopping center with such a restaurant.
Discussion then turned to the access road with Acting Director of Community Development Hohenstein
noting that staff had recommended the access road be constructed to 28' feet because of the anticipated 2,000
Trips Per Day. Mr. Colon said that Federal Land is locked into a 24' width by their mortgage agreement but
allowed that they could possibly provide a 24' road with a 3' shoulder. It was agreed that the issue could be
further investigated and addressed with the Planned Development agreement.
Ron Krank, the architect, described an overview of the entire site and then focussed on that portion of
the site where the Taco Bell will be located. A drawing of the proposed pylon sign was also presented and Mr.
Krank indicated he would answer any questions.
Awada moved, McCrea seconded, a motion to approve a planned development amendment for Park
Center 3rd Addition/Taco Bell Corporation to allow a Class II restaurant in the Park Center Planned
Development subject to the following conditions:
1. An amended planned development agreement shall be entered into prior to final plat.
2. All pylon signs shall be constructed with the same style - two 20" x 20" brick columns.
3. A CIass I restaurant of at least 4,500 sq.ft. shall be developed as part of Outlot D, Park Center
Addition.
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Page 7 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
4. All buildings in this planned development shall be constructed of similar and complimentary
materials.
Aye: 5 Nay: 0
Awada moved, McCrea seconded, a motion to approve a preliminary plat consisting of .98 acres located
along the north side of Cliff Road, west of Cliff Lake Drive in the SE 1/4 of Section 30, subject to the following
conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be
complied with:
Al, Bl, B2, B3, Cl, C2, C4, C5, Dl, El, Fl, G1 and Hl
2. All signage shall meet sign code requirements and be subject to the one -time sign fee of $2.50 /sq.ft.
Elevations shall be revised removing building signage from the north and west sides.
3. The building shall be constructed of brick.
4. The trash /recycling container shall be made of brick and attached to the building.
5. All rooftop mechanical equipment shall be screened from ground level.
6. Underground irrigation is required for all landscaped and green areas.
7. The plans approved with the final plat shall include the construction of the proposed storm sewer
and private street across Outlot D of Park Center Addition.
8. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stub.
9. Utility and access easements are required across Outlot D, Park Center Addition.
10. Ingress, egress, and parking easements shall be required across Outlot D, Park Center Addition, and
shall be delivered to the City Attorney's office for review.
11. Outlot A shall be combined by metes and bounds description with Outlot D, Park Center Addition,
prior to final plat approval of Park Center 3rd Addition.
Aye: 5 Nay: 0
McCrea moved, Awada seconded, a motion to approve a conditional use permit for a pylon sign located
along the north side of Cliff Road, west of Cliff Lake Drive in the SE 1/4 of Section 30. Aye: 5 Nay: 0
TOWN CENTRE PYLON SIGN AGREEMENT
Mayor Egan introduced this item as an amendment to the Town Centre pylon sign agreement, Town
Centre sign agreement /Federal Land Company, regarding the placement of pylon signs in the Town Centre 70
and 100 developments, located in the N 1/2 of Section 15. Acting Director of Community Development
Hohenstein described the application and pylon sign locations. He said most meet the criteria for location but
as can be expected in a phased development, the locations have changed as the property has developed. Mr.
Hohenstein pointed out there are no new signs, only new locations.
OV
Page 8 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
Awada moved, McCrea seconded, a motion to approve the amendment to the Town Centre Pylon Sign
Agreement for Federal Land Company for the Town Centre 70 and 100 developments as presented. Aye: 4
Nay: 0 Abstain: 1 (Wachter)
CAPONI /CITY OF EAGAN TUNNEL AGREEMENT
(PROJECT 607 /DIFFLEY ROAD)
Mayor Egan introduced this item as the Caponi /City of Eagan tunnel agreement. Director of Parks &
Recreation Vraa stated that the City Attorney had prepared a document showing the differences between the
draft tunnel agreement and the agreement proposed by Anthony Capon's attorney, Dick Schieffer. Mr. Vraa
noted that Mr. Schieffer had also prepared and the documents have been signed for the creation of a foundation
for the art park.
Concerns were then expressed about costs exceeding bid estimates for the oversized tunnel. Mr.
Schieffer indicated that in order to protect his client from a large outlay of cash, they were requesting that
anything above $28,000 be special assessed. After discussion, it was determined that Mr. Caponi would pay cash
for the difference in costs between the original tunnel and the oversized tunnel up to 525,000 with 50% of any
additional amount to be paid in cash and the other 50% to be special assessed.
In answer to a question from Councilmember Awada regarding the waiver of assessments for utilities,
City Attorney Sheldon indicated the condition was in the agreement because of a concern that the City may be
at significant risk for paying a portion of the assessments because the utilities may not increase the value of the
art park property as it would other uses. Councilmember Pawlenty asked if the property were developed for
some other purpose at some later date whether the City could recoup assessment costs at that time. City
Attorney Sheldon said that perhaps water assessments could be recouped but not street assessments.
Councilmember Wachter asked Mr. Caponi if immediate installation of the fence was vital and Mr.
Capon replied it would allow him to function immediately. In addition, he indicated it would be safer not to
have two -way traffic and cheaper to do it all at once. Mr. Capon cautioned that if the fence were left to the
future, he did not believe the City was supporting the concept as they had intended. Councilmember Awada
stated that the fence could be installed when the property is incorporated as an art park. Mr. Schieffer said the
papers of incorporation had been mailed the day before. Councilmember Awada said she could see no problem
with the fence installed at this time.
Discussion then centered around the maintenance and control of the tunnel. Councilmember Pawlenty
said he had major problems with public dollars being used to construct the tunnel and then having a corporation
control it. He said he wasn't as concerned with the use as the technical need to maintain control. Mr. Schieffer
advised that it was a non -issue as the City had the easements it needed to construct the tunnel and he would
recommend to Mr. Caponi that actual ownership of the property be transferred as soon as the tunnel is
completed. Mr. Schieffer said he felt this would be better for the City even though it was not requested.
Director of Public Works Colbert asked for a clarification of the "costs" of the tunnel and whether it also
included the fence and engineering fees or just construction costs. Mr. Colbert said the City has already incurred
$10,000 in design fees for the tunnel alone. It was generally agreed that the fence is to be included as a cost of
the tunnel and that the entire costs are the responsibility of Mr. Caponi or the art park foundation. Mr. Capon
asked that the Council direct Director of Public Works Colbert to determine the specifications for the fence.
Councilmember McCrea stated that the Council could do that but costs would be incurred. Mr. Caponi said he
understood and would pay those costs. When it was suggested he may want to obtain design specifications
Page 9 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
privately, Mr. Capon indicated it would be too difficult. Mr. Colbert asked the Council whether the $25,000 limit
applied just to the difference in bid price or all costs. Councilmember Awada said, "all."
City Attorney Sheldon then raised concerns that the property being owned by a non - profit corporation
would not guarantee access by the public. After additional discussion, Mr. Sheldon suggested that at such time
as the park is no longer open to the public, the City exercise its right to remove the fence. Mr. Schieffer
indicated such a condition would be appropriate.
McCrea moved, Wachter seconded, a motion to approve the tunnel agreement in concept with direction
to the City Attorney to redraft the agreement as discussed with return to the City Council for ratification. Aye:
5 Nay: 0
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STALKING ORDINANCE
City Administrator Hedges reported that a stalking ordinance for the City was being researched and
results would be brought to the Council after the first of the year. Councilmember Pawlenty suggested that staff
contact Representative (District 63A) Mary Jo McGuire regarding information as she planned to introduce
legislation to close loop holes in the present statute. Councilmember Awada said she would like to see the
information at the first meeting in January if possible.
PROPANE TANKS /SENECA
Mayor Egan reported that he had been contacted by Betty Bassett regarding the propane tanks being
installed at Seneca. There appears to be some concern that the tanks are being installed on peat moss and even
though construction is already underway, the neighbors would like some assurances that proper construction
procedures are being followed.
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<IIECKS
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Wachter moved, Egan seconded, a motion to approve the checklist dated November 30, 1992, in the
amount of $2,338,020.66 and the checklist dated December 15, 1992, in the amount of $1,349,248.98. Aye: 5
Nay: 0
EXECUTIVE SESSION /ADJOURNMENT
The City Council adjourned the regular meeting to an executive session to discuss collective bargaining
issues at 9:20 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and
Wachter, Councilmembers -Elect Hunter and Masin, City Administrator Hedges, Director of Public Works
Colbert, and City Attorney Sheldon. The executive session was adjourned at approximately 9:35 p.m.
KF
CITY OF EAGAN
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Page 10 /EAGAN CITY COUNCIL MINUTES
December 15, 1992
If you need these minutes in an oltematiw form such as low p=4 braa4 audio tape, etc., P k =e contact the City
of Eagan, 3810 Pilot Knob Road Eag MN 55122, (612) 681 -4600, (7DD phone- (612) 454-8535)
EXHIBIT B (1 of 2)
CITY OF EAGAN POLLING PLACES FOR 1992
POPULATION
OVER 18
PRECINCT
POLLING PLACE
1990 CENSUS
1
Pilot Knob Elementary School
1411
1436 Lone Oak Road
2
Quarry Park Shelter
1677
Coachman Road
3
Trinity Lone Oak Lutheran Church
1439
Highway 49 & 55
4
Cedar Elementary School
1536
2140 Diffley Road
5
Mt. Calvary Lutheran Church
'2020
3930 Rahn Road
6
Cedar Grove Baptist Church
1857
1985 Diffley Road
7
Fire Administration Bldg.
1902
3795 Pilot Knob Road
8
Eagan Municipal Center
1763
3830 Pilot Knob Road
9
Woodland School
2276
945 Wescott Road
10
St. John Nuemann Church
1440
4030 Pilot Knob Road
11
Northview Elementary School
1951
965 Diffley Road
12
Cedar Ridge Christian Church
1719
2024 Rahn Way
13
Rahn Elementary School
1299
4424 Sandstone Drive
14
Christ Lutheran Church
1948
1930 Diffley Road
15
Thomas Lake Elementary
1693
4350 Thomas Lake Road -
16
Easter Lutheran Church
1967
4200 Pilot Knob Road
2
17
18
19
20
EXHIBIT B (2 of 2)
CITY OF EAGAN POLLING PLACES FOR 1992
Fire Station No. 4
4200 Dodd Road
Fire Station No. 5
4701 Galaxie Avenue
Chapel Hill Baptist Church
4888 Pilot Knob Road
Pinewood Elementary School
4300 Dodd Blvd
1597
1177
1396
1244