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03/02/1992 - City Council Regular/1 "2 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota March 2, 1992 A regular meeting of the Eagan City Council was held on Tuesday, March 2, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. ......................... €<EI�Tp�A€ City Administrator Hedges said that two items of New Business: Item F, preliminary plat and conditional use permit for Midwest Restaurant Associates /Town Centre 7012th Addition and Item G, comprehensive guide plan amendment, rezoning and preliminary plat for Independent School District #196 /Elementary School 17, would be requested for continuance when addressed on the agenda. Wachter moved, Pawlenty seconded, a motion to approve the agenda for the March 2, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Pawlenty moved, Wachter seconded, a motion to approve the minutes of the February 18, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Pawlenty moved, McCrea seconded, a motion to approve the special City Council meeting minutes of November 26, 1991, as presented. Aye: 4 Nay: 0 Abstain: 1 (Awada) Pawlenty moved, McCrea seconded, a motion to approve the special City Council meeting minutes of December 17, 1991, as presented. Aye: 4 Nay: 0 Abstain: 1 (Awada) Pawlenty moved, McCrea seconded, a motion to approve the special City Council meeting minutes of January 14, 1992, as presented. Aye: 5 Nay: 0 Councilmember Awada noted the following correction to the minutes of the February 25, 1992, special City Council meeting: Page 4, Paragraph 1, Strike Sentence 5 and replace with the following language: After further discussion of the matter and in a motion by City Councilmember Awada, seconded by Councilmember McCrea, with City Councilmembers Awada, McCrea, and Pawlenty voting in favor and Mayor Egan and City Councilmember Wachter voting against, the building permit was approved to Mr. Bill Jones subject to the Community Development Department contacting adjoining property owners and receiving a favorable concurrence of this action prior to any platting and, further, that procedurally the platting must occur on the property. Pawlenty moved, Awada seconded, a motion to approve the special City Council minutes of February 25, 1992, as amended. Aye: 5 Nay: 0 City Administrator Hedges said staff was recommending that Item H of the Consent Agenda (Vacate Utility Easement, Receive Petition /Order Public Hearing, Lot 6, Block 1, Lakeside Estates) be pulled for further discussion. Page 2 /EAGAN CITY COUNCIL MINUTES March 2, 1992 Director of Public Works Colbert said that the property owner of Lot 6, Block 1, Lakeside Estates, is claiming that a utility easement which runs beneath the middle of his house was vacated in 1979. Because he is attempting to sell his property and the vacation is needed in order to clear the title, he has again petitioned the City for vacation of this easement. City file records regarding this transaction are insufficient; therefore, staff is recommending a waiver of the $300 application fee. The Council agreed and the item was returned to the Consent Agenda for action. A. Personnel Items Item 1. Segeants /Police Department - -It was recommended that the promotion of Officers Trent Johnson and Jim McDonald to sergeant be approved. Item 2. Utility Maintenance Worker - -It was recommended that the hiring of Mark Dornseif as a utility maintenance worker be approved subject to successful completion of the physical examination. B. Proclamation, Chronic Fatigue Syndrome Awareness Month, March 1992 It was recommended that a resolution proclaiming March 1992 as Chronic Fatigue Syndrome Awareness Month in the City of Eagan be approved. R -92.9 C. Recommendation, Airport Relations Commission for MASAC Representatives It was recommended that the Airport Relations Commission recommendation to appoint Dustin Mirick as the City's MASAC representative for a three year term and Lois Monson and Jon Hohenstein as MASAC alternate members for a one year term be approved. D. Appoint Election Judges for April 7. 1992, Presidential Primary It was recommended that the appointment of the election judges for the April 7, 1992, presidential primary be approved as presented in Exhibit A. E. Application. Tree Stump Company /Robert Hutcheson for Tree Maintenance Contractor License It was recommended that the application for Tree Stump Company, Robert Hutcheson, for a tree maintenance contractor's license be approved as presented. F. Resolution. Redemption of Improvement Bonds It was recommended that a resolution calling certain outstanding improvement bonds for redemption be approved. R -92. 10 G. Project 627, Receive Feasibility Report /Order Public Hearing (Oak Cliff 6th Addition) It was recommended that the feasibility report for Project 627 (Oak Cliff 6th Addition - Utilities) be received and a public hearing scheduled to be held on April 9, 1992. H. Vacate Utility Easement. Receive Petition /Order Public Hearing It was recommended that the petition be received, a public hearing to consider the vacation of a utility easement over Lot 6, Block 1, Lakeside Estates, be scheduled for April 9, 1992, and that the applicant's request to waive and refund the $300 application fee be approved. Page 3 /EAGAN CITY COUNCIL MINUTES March 2, 1992 I. Authorization, Lottery Selection, Part 150 Sound Insulation Program It was recommended that staff be authorized to make the lottery selection from among the eligible applications received on or before March 9, 1992, and that the prioritized lists be forwarded to the Metropolitan Airports Commission for consideration in the MAC Part 150 Sound Insulation Program. J. Project 630, Receive Feasibility Report /Order Public Hearing _(Woodlands North 2nd Addition - Streets & Utilities) It was recommended that the feasibility report for Project 630 (Woodlands North 2nd Addition - Streets & Utilities) be received and a public hearing scheduled to be held April 9, 1992. K Authorization of Lembke Settlement In the matter of the City of Eagan vs Lembke, it was recommended that the preliminary settlement per the four conditions outlined in the City Attorney's memorandum be approved. R -92.11 Pawlenty moved, Egan seconded, a motion to approve the Consent Agenda for the March 2, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 SETTLEMENT /SCREEDEN CLAIM Wachter moved, McCrea seconded, a motion approving the settlement agreement reached with Carla and John Screeden, former owners of property at 3918 Gibraltar Trail. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING Wachter moved, Egan seconded, a motion to approve a special City Council meeting to be held March 31, 1992, at 5:00 p.m. Aye: 5 Nay. 0 AGREEMENT /SEASONAL EMPLOYEES Pawlenty moved, Wachter seconded, a motion to ratify provisions of a bargaining agreement regarding seasonal maintenance workers. Aye: 5 Nay: 0 PARKING /EAGAN HIGH SCHOOL The Council expressed their continued dismay over the parking problems in the neighborhoods near Eagan High School. Dr. Tom Wilson, Principal of Eagan High School, was in the audience for another issue but answered questions regarding the School District's parking policy at the district high schools. It was the general consensus that a cooperative effort continue to be made in an attempt to resolve this issue. REZONING /PRELIMINARY PLAT WESTON HILLS ADDITION Mayor Egan introduced this item as a rezoning, Weston Hills Addition /Lyman Development, of approximately 64 acres from AG (Agricultural) to an R -1 (Single- Family) district and a preliminary plat Page 4 /EAGAN CITY COUNCIL MINUTES March 2, 1992 consisting of 132 lots, located east of Highway 3, south of Cliff Road in the east 1/2 of Section 36. City Administrator Hedges said that consideration of this item had been continued from the February 4, 1992, regular City Council meeting to the March 2 meeting to allow additional study regarding. 1) a second access to the development, 2) parkland, and 3) traffic. Community Development Director Runkle then addressed each of the above issues. He reviewed a number of developments in the City that have one access. He also referred to memorandums from the Eagan Police and Fire Departments which indicate no significant problems with single access developments. As to parkland, Mr. Runkle said it had been reviewed by the Advisory Parks, Recreation and Natural Resources Commission and they had recommended a 4-6 acre park in Study Area 3. Traffic concerns and questions were then referred to Glen VanWormer of Short - Elloitt - Henrickson (SEH). Mr. VanWormer reviewed results of the traffic studies performed for this development. He said the existing roads and the Cliff Road /Highway 3 intersection should be adequate to handle the increased volume of traffic. Because construction of the development will be phased in and build -out will not occur for two to five years, the increase in Trips Per Day (TPD's) should be gradual. Mr. VanWormer also addressed signalization of the Cliff Road /Highway 3 intersection and unless the City can provide funding for early installation, it does not appear that a permanent traffic signal will be installed before 1995. He said that early installation could be accomplished if the City pays for the improvement now with partial reimbursement in 1995. Unfortunately, benefits would be minimal as the City would gain only one year at most under that scenario. Director of Public Works Colbert noted for the City Council that costs associated with signalization do not include the railroad crossing. Director of Parks & Recreation Vraa reviewed three park study areas which were considered for this area. Study area #1 involved the possibility of a joint park site developed with Inver Grove Heights; however, Inver Grove Heights is not interested in pursuing that concept. Study area #2 was deemed too close to the railroad tracks and not a good potential site. Therefore, the City will utilize the cash dedication fees from the Weston Hills Addition toward acquiring property in Study area #3 which is south of this development. Bill Loomis, 4782 South Robert Trail, presented an abstract of his property and claimed that establishment of this subdivision would void the "farm road" easement. Mike Fratillone, 4784 South Robert Trail, disputed the number of accidents at the intersection of Cliff Road and Highway 3. He pointed out that Mr. VanWormer of SEH had said 39 accidents had occurred at that interesection in the past 6 years and he had been told there were 51. Gene Finch, 4790 South Robert Trail, objected to the use of the farm road as an emergency access to the Weston Hills development. He asked why the developers did not put an emergency access on their own property. Mayor Egan stated that this access would be removed as an emergency access. Mr. Finch further objected to the high traffic volume and any costs the development might obligate him to as an adjacent property owner. One resident expressed her observations that Cliff Road and T.H.3 is a safer intersection than other intersections that are signalized in the community. Mayor Egan stated his concern that the trees be retained and also that the homes proposed will be of high quality and conform to City standards. He also emphasized that utilities have been brought to this property for a planned and orderly development which has always been comprehensive guide planned for a residential use. He stated that the City has a concern for safety and will demand optimum safety standards. Councilmember Wachter said he would like the City to keep the possibility of a joint park with Inver Grove Heights as an option. J k -' % d Page 5 /EAGAN CITY COUNCIL MINUTES March 2, 1992 Mr. Finch asked about the potential of assessments to his property with the development of Weston Hills and Director of Public Works Colbert said that at this point, Mr. Finch's property would be involved in the storm sewer drainage district. McCrea moved, Wachter seconded, a motion to approve a rezoning for Weston Hills Addition /Lyman Development, of approximately 64 acres from A (Agricultural) to an R -1 (Single Family) district. Aye: 4 Nay: 1 (Awada) McCrea moved, Egan seconded, a motion to approve a preliminary plat consisting of 132 lots located east of Highway 3, south of Cliff Road 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, C1, C2, C3, C5, Dl, El, F1, Gl, Hl 2. Boulevard trees shall be allowed seven feet from the back of the curb. 3. Snow fencing shall be installed around the oak trees located near the pond to ensure tree preservation during grading and construction. The snow fence will be inspected prior to the grading permit being issued. 4. Lot 10, Block 2, and Lot 1, Block 5, shall have driveway access from Weston Hills Drive. 5. Lot 1, Block 6, and Lot 48, Block 1, shall have driveway access to the north. 6. Lot 1, Block 1, shall have driveway access from Weston Hills Court (cul de sac). 7. Berming shall be located along Trunk Highway 3. 8. Pond LP -27.1 shall be designed and constructed such that to accommodate a surface area at the NWL of 1.05 acres, a wet storage volume of 5.2 acre feet and a pond storage volume of 8.3 acre feet and a flow out of 4 cfs, with effective erosion control measures throughout construction. A skimmer shall be used instead of a shut -off valve. 9. The watermain layout for this site shall include a connection to the 12" watermain at Todd Avenue and S.T.H. #3 and a connection to the 8" watermain 350 feet south of Cliff Road at S.T.H. #3. 10. The watermain layout that loops through the south portion of the site shall include a 12" trunk watermain from the Todd Avenue connection to the south property line at the Western Hills Drive stub street. 11. The applicant shall obtain from the City a variance to allow a cul de sac in excess of 500 feet. 12. All wells and septic tanks on the site shall be capped to City specifications. 13. Accommodate intersection at Weston Hills Drive and Weston Hills Court per SEH report. 14. The proposed 6 outlots shall be made a part of the parcels to either the north or south. � t 'A. 3 Page 6 /EAGAN CITY COUNCIL MINUTES March 2, 1992 15. The applicant shall dedicate a 30 foot drainage and utility easement centered on the common lot line of Lots 32 and 33, Block 1, Lots 8 and 9, Block 4; and Lots 22 and 23, Block 4, and to widen these lots to accommodate these larger easements. 16. No access onto Farm Road will be taken. 17. City staff shall explore the possibility of cost sharing an earlier installation of a stop light at the intersection of S.T.H. #3 and Cliff Road without additional cost to the City. Aye: 4 Nay: 1 ( Awada) CAPITAL IMPROVEMENT BUDGET Mayor Egan introduced this item as consideration of a five -year (1992 -1996) Capital Improvement Budget. City Administrator Hedges then gave a brief explanation and history of the C.I.P. budget. City Councilmember Wachter said the one item that concerned him most was the operating costs for City parks. Wachter moved, McCrea seconded, a motion to approve a five (5) year (1992 -1996) capital improvement budget as presented. Aye: 5 Nay: 0 OUTDOOR SWIMMING POOL /ARENA PROJECT Mayor Egan introduced this item as consideration of an outdoor swimming pool /arena project. After brief opening remarks by City Administrator Hedges and Director of Parks & Recreation Vraa, Fred Richter of Ankeny, Kell and Richter, presented an overview of the conceptual design for the proposed outdoor swimming pool and arena facilities. After the presentation, Dr. Tom Wilson, Principal of Eagan High School, voiced the School District's strong support for the project. Although there were a number of persons in the audience who had attended to hear this item, none came forward to offer additional testimony. After discussion, McCrea moved, Wachter seconded, a motion to consider the recommendations of the Design Review Committee and architects Ankeny, Kell, Richter, & Associates and 1) proceed with project design and site development plans, 2) refine cost estimates for the project, and 3) set the date for a bond referendum as May 19, 1992, in conjunction with the School Board elections. Aye: 5 Nay: 0 ............ ............... ................. i? ! $1�A ............ .............................. ........... ............................... ............ ............................... AERIAL PHOTOGRAPHY AND DIGITIZING GIS /JOINT POWERS AGREEMENT Mayor Egan introduced this item as an Agreement for cost sharing of aerial photography and stereo digitizing for the City of Eagan and Dakota County. McCrea moved, Awada seconded, a motion to approve a cost sharing agreement for aerial photography and stereo digitizing between the City of Eagan and Dakota County as presented. Aye: 5 Nay: 0 Page 7 /EAGAN CITY COUNCIL MINUTES March 2, 1992 CUB FOODS /TEMPORARY GREENHOUSE PERMIT Mayor Egan introduced this item as a special use permit for Cub Foods to allow a temporary greenhouse on Lot 1, Block 1, Cliff Lake Centre, located in the SE 1/4 of Section 29. McCrea moved, Pawlenty seconded, a motion to approve a special use permit for Cub Foods to allow a temporary greenhouse on Lot 1, Block 1, Cliff Lake Centre and subject to the following conditions: 1. The permit is temporary and shall expire after June 7, 1992. 2. A building permit shall be obtained through the City of Eagan Protective Inspections Division. 3. The building shall be open ended and shall be placed within a fenced sales area to allow exiting at both ends of the greenhouse. 4. The permit shall be subject to all applicable Code requirements. Aye: 5 Nay: 0 NORWEST BANK /PYLON SIGN CONDITIONAL USE PERMIT AND VARIANCE Mayor Egan introduced this item as a conditional use permit for Norwest Bank, to allow a pylon sign and a variance to the 300' spacing requirement on Lot 4, Block 1, Cedarvale 2nd Addition, located along the east side of Sibley Memorial Highway in the NE 1/4 of Section 19. Discussion centered around the spacing and height of the sign. Murray Norton, representing the sign company, spoke briefly as to the need for the sign. Councihnember McCrea asked if there were potential problems with neighboring businesses with blockage of their signs. Director of Community Development Runkle said that no matter where the signs are placed the potential for blocking another sign exists; however, this appears to be the only location that can work. McCrea moved, Egan seconded, a motion to approve a conditonal use permit for Norwest Bank to allow a pylon sign and variance from the Sign Code spacing standard of 300' on Lot 4, Block 1, Cedarvale 2nd Addition and subject to the following conditions: 1. The conditional use permit and City Council resolution shall be recorded with the Dakota County Recorder within 60 days of approval. 2. The sign shall meet the required 10' setback from property lines. 3. The sign shall be subject to the one -time sign fee of $2.50 /sq.ft. 4. All other City Code requirements shall be applicable. Aye: 5 Nay: 0 Page 8 /EAGAN CITY COUNCIL MINUTES March 2, 1992 MIDWEST BOTTLING COMPANY CONDITIONAL USE PERMIT Mayor Egan introduced this item as a Conditional Use Permit for Midwest Bottling, Inc., to allow a building over 40' tall in a LI (Light Industrial) district located along the east side of Eagandale Boulevard in the NE 1/4 of Section 3. City Administrator Hedges said this item had been before the Advisory Planning Commission at their February 25, 1992, meeting and they had recommended approval. Director of Community Development Runkle described the application and noted that because of the height of the building, Midwest Bottling had worked with the Federal Aviation Agency to avoid interfering with the airport glide slope. Norm Strohfus, Director of Operations, was present representing the applicant. Pawlenty moved, Wachter seconded, a motion to approve a conditional use permit for Coca Cola Bottling Midwest, Inc., to allow a building over 40' tall in an LI (Light Industrial) district located along the east side of Eagandale Boulevard and subject to the following condition: 1. This conditional use permit must be recorded at the Dakota County Recorder's office within 60 days of Council action. Aye: 5 Nay: 0 MAGNUM TOWING /OUTDOOR STORAGE /CONDITIONAL USE PERMIT Mayor Egan introduced this item as a Conditional Use Permit for Magnum Towing, to allow outdoor storage on Lot 3, Block 1, Halley's 1st Addition, located along the west side of Biscayne Avenue in the SE 1/4 of Section 36. City Administrator Hedges said this item had been before the Advisory Planning Commission at their February 25, 1992, meeting and they had recommended approval. The applicant was not present. McCrea moved, Awada seconded, a motion to approve the conditional use permit for Magnum Towing to allow outdoor storage on Lot 3, Block 1, Halley's 1st Addition, and subject to the following conditions: 1. The permit shall expire two years from the date of Council approval. 2. Only storage of impounded and /or towed vehicles shall be allowed. 3. No "For Sale" signs shall be displayed and no sales or repair operations shall be conducted at this site. 4. This conditional use permit and City Council resolution shall be recorded with the Dakota County Recorder within 60 days of approval. 5. All other City Codes shall be applicable. Aye: 5 Nay: 0 PRELIMINARY PLAT /MIDWEST RESTAURANT ASSOCIATES TOWN CENTRE 70 - 12TH ADDITION Mayor Egan introduced this item as a Preliminary Plat, for Midwest Restaurant Associates /Town Centre 70 -12th Addition, consisting of one lot and one outlot on approximately 3.5 CSC (Community Shopping Center) acres and a conditional use permit to allow on -sale liquor, 3.2 beer or wine, in a CSC district, located west of Page 9 /EAGAN CITY COUNCIL MINUTES March 2, 1992 Town Centre Drive in the NW 1/4 of Section 15. City Administrator Hedges said that a request to continue this item to the March 17, 1992, regular City Council meeting had been received from the applicant. Pawlenty moved, Wachter seconded, a motion to continue consideration of a preliminary plat for Midwest Restaurant Associates /Town Centre 70 - 12th Addition and a conditional use permit to allow on -sale liquor, 3.2 beer or wine in a CSC District to the March 17, 1992, regular City Council meeting. Aye: 5 Nay- 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING /PRELIMINARY PLAT ISD #196 /ELEMENTARY SCHOOL #17 Mayor Egan introduced this item as Comprehensive Guide Plan Amendment, Independent School District 196 /Elementary School #17, from D -1 (Single- Family) to PF (Public Facilities), a rezoning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities), and a preliminary plat consisting of one lot for an elementary school located along the south side of Wescott Road and east of Denmark Avenue in the NE 1/4 of Section 22. City Administrator Hedges said that a request to continue this item to the March 17, 1992, regular City Council meeting had been received from the applicant. Pawlenty moved, Awada seconded, a motion to continue consideration of a comprehensive guide plan amendment, rezoning and preliminary plat for Independent School District #196 /Elementary School #17 to the March 17, 1992, regular City Council meeting. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated March 2, 1992, in the amount of $549,638.88. Aye: 5 Nay: 0 MOM" ......... ............................... ......... ............................... The City Council adjourned the regular meeting at approximately 10:20 p.m. CITY OF EAGAN P_\ � Overbeke N City KF