03/06/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 6, 1990
00067
A regular meeting of the Eagan City Council was held on Tuesday,
March 6, 1990, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Public Works Director Tom Colbert, and City Attorney James
Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Add Item A, Additional Items, Easement Acquisition, Project 571,
Stearns Addition
Item A, Old Business, Conditional Use Permit, Xaviers Restaurant,
Request to Continue to the March 20, 1990, City Council meeting.
Item B, Old Business, On -Sale Liquor License Application, Xavier
Incorporated, Request to Continue to the March 20, 1990, City Council
meeting.
Item D, New Business, Conditional Use Permit, Federal Land Company,
Request to Continue to the March 20, 1990, City Council meeting.
Item H, New Business, Conditional Use Permit and Variance, Minnesota
Public Radio, Request to Continue to the April 3, 1990, City Council
meeting.
The City Council expressed concerns regarding the request to continue
the Conditional Use Permit and Variance for Minnesota Public Radio to the
April 3 meeting. The item has been continued many times since their
original application in July 1989. It was the consensus of the Council
that the item be heard at the April 3 meeting with no further
continuances.
Wachter moved, and Gustafson seconded, a motion to approve the agenda
as amended. Aye: 5 Nay: 0
MINUTES
Pawlenty moved, and Gustafson seconded, a motion to approve the
minutes for the February 20, 1990, regular City Council meeting with the
following corrections:
PAGE 2 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
00068
Page 7, Waiver of Plat, Robert Engstrom Companies, be corrected to
read:
Gustafson moved, McCrea seconded, a motion to approve a waiver of
plat for Robert Engstrom Associates for Parcel 021 -29 within the Gopher
Eagan Planned Development and that the waiver of plat be subject to:
1. Recording with Dakota County within sixty days of City Council
action with documentation being provided to City staff.
2. All other applicable ordinances.
3. Obtaining an easement for Pond JP -33.
4. Obtaining a storm sewer easement.
Aye: 5 Nay: 0
McCrea moved, and Wachter seconded, a motion to approve the minutes
for the February 13, 1990, special City Council meeting. Aye: 5
Nay: 0
DEPARTMENT HEAD BUSINESS
PUBLIC WORKS DEPARTMENT /TRAFFIC SIGNAL
HIGHSITE DRIVE PILOT KNOB ROAD (UNISYS CORPORATION)
The Director of Public Works reported that with underruns in the
public improvements associated with the tax increment financing for the
Unisys Marketing and Customer Services Building and deletion of the
trailway adjacent to the Timberline Addition, sufficient dollars are now
available from that fund to fully finance the costs for a signal at the
intersection of Highsite Drive and Pilot Knob Road. The Dakota County
Traffic Engineer has indicated a willingness to present a formal request
to the County Board of Commissioners noting that the intersection
technically meets signalization warrants and that no County funding would
be required. Although this particular intersection technically meets the
warrants to justify installation of a traffic signal, Dakota County has
expressed a reluctance to install a signal at an intersection where no
definable, hazardous situation exists. The City Council also questioned
the advisability of this action.
Unisys has indicated that a signal at this intersection would better
facilitate traffic flow in the area. Some residents are experiencing
difficulty getting onto Pilot Knob Road and a signal would also improve
that situation. The tax increment financing money will only be available
for a short time. If the signal is delayed and monies in the tax
increment financing fund are depleted, the costs of installation will be
the responsibility of the City and the County.
PAGE 3 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
The Director of Public Works reported that signal needs may change
as traffic patterns change and the intersection may be added to future
five -year plans for signalization.
Wachter moved, and McCrea seconded, a motion to deny a formal request
to Dakota County for the installation of a traffic signal on Pilot Knob
Road (County Road 31) at Highsite Drive. Aye: 5 Nay: 0
Fire Chief Southorn then reported briefly on a fire at a home under
construction on Murphy Parkway. City Administrator Hedges commended the
Fire Chief for the Fire Explorers Program. There are fourteen young
people who have expressed interest in being a part of this program.
CONSENT AGENDA
A. Personnel Items.
There were no personnel items to be discussed.
B. Plumbers License.
00069
The plumbers licenses were approved as presented.
C. Correction, Special City Council Meeting of September 13, 1988.
The minutes of a special meeting of the Eagan City Council of
September 13, 1988, were amended to include an item entitled, "Final
Ratification of a Planned Development Agreement, Comprehensive Guide Plan
Amendment, Rezoning, and Preliminary Plat for Rahn Cliff 2nd Addition,"
and further, the action was taken to approve these applications at the
special City Council meeting of September 13, 1988.
D. License, Amusement Device, American Amusement Arcade at Eagan
Athletic Club.
An amusement device license for American Amusement Arcade to locate
two amusement device machines at Eagan Tennis and Athletic Club was
approved.
E. Approve County Traffic Signal Agreements (Cliff Road Slaters
Road and Beacon Hill Road).
A traffic signal agreement, #90 -03 (Cliff Road Beacon Hill Road)
and #90 -02 (Cliff Road Slaters Road) was approved and the Mayor and
City Clerk authorized to execute all related documents.
PAGE 4 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
F. Project 590, Authorize Feasibility Report (South Pilot Knob Road
Streets and Utilities).
The preparation of a feasibility report for Project 590 (South Pilot
Knob Road Streets and Utilities) was authorized.
G. Approve Specifications /Authorize Advertisement for Bids (Public
Works Front -End Loader Unit #145).
Councilmember Pawlenty questioned whether or not it was advisable to
include a five -year maintenance contract with the bidding of this loader.
Director of Public Works cited favorable past history; however, added
that the cost of the contract is broken out as a separate item on the
bids.
The specifications were approved and the advertisement for bids for
a Public Works front -end loader, Unit #145, was authorized with a bid
opening scheduled for 10:30 a.m., Friday, April 20, 1990.
H. Application for Blue Bell Ice Cream to Operate Ice Cream Trucks
on City Streets, April 1 to October 1, 1990.
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An application for Blue Bell Ice Cream to Operate Ice Cream Trucks
on City Streets, April 1 to October 1, 1990, was approved subject to the
following conditions:
1. Continuance of liability insurance evidenced by an insurance
certificate.
2. Hours of operation will be from 12:00 noon to 15 minutes prior
to sunset.
3. The approval is guaranteed from April 1 until October 1 of the
current year.
4. The trucks will not generate a noise level greater than 65
decibels.
5. Caution swing arms will be required on each vehicle.
6. Local employment will be used for drivers operating in the City
of Eagan.
I. Project 591, Receive Petition /Authorize Preparation of
Feasibility Report and Detailed Plans (Tranby 1st Addition Storm
Sanitary Sewer).
The petition for Project 591 (Tranby 1st Addition Storm Sanitary
Sewer) was received and the preparation of a feasibility report and
detailed plans and specifications were authorized.
PAGE 5 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
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J. Project 592, Receive Petition /Authorize Preparation of
Feasibility Report (Wilmus Addition Trunk Storm Sewer).
The petition for Project 592 Wilmus Addition Trunk Storm Sewer)
was received and the preparation of a feasibility report was authorized.
K. Contract 87 -UU. Acknowledgement of Completion (R B Addition
Water Main and Storm Sewer).
Completion of Contract 87 -UU (R B Addition Water Main and Storm
Sewer) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
L. Contract 84 -J, Acknowledgement of Completion (Oak Cliff 1st
Addition Streets and Utilities).
Completion of Contract 84 -J (Oak Cliff 1st Addition Streets and
Utilities) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
M. Contract 85 -E, Acknowledgement of Completion (Oak Cliff 2nd
Addition Streets and Utilities).
Completion of Contract 85 -E (Oak Cliff 2nd Addition Streets and
Utilities) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
N. Contract 86 -0, Acknowledgement of Completion (Oak Cliff 4th
Addition Streets and Utilities).
Completion of Contract 86 -Q (Oak Cliff 4th Addition Streets and
Utilities) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
McCrea moved, and Gustafson seconded, a motion to approve the Consent
Agenda items. Aye: 5 Nay: 0
PUBLIC HEARINGS
VACATE UTILITY EASEMENT /RAHNCLIFF 2ND ADDITION
Wachter moved, Pawlenty seconded, a motion to close the public
hearing and to approve the vacation of portions of the utility easement
within the Rahncliff 2nd Addition as described in the petition.
Aye: 5 Nay: 0
PAGE 6 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
McCrea moved, Gustafson seconded, a motion to close the public
hearing and to approve the vacation of portions of the utility easement
within the Cliff Lake Centre Addition as described in the petition.
Aye: 5 Nay: 0
An accounting firm has been retained to conduct a financial review
of the applicant. The City Council questioned who would bear the costs
of the review. The Administrator advised that the applicant will be
required to escrow an amount equal to those costs exceeding the
investigation fee.
McCrea moved,
20, 1990, regular
on -sale liquor at
Shoppes. Aye: 5
VACATE UTILITY EASEMENT /CLIFF LAKE CENTER ADDITION
CONDITIONAL USE PERMIT
XAVIERS RESTAURANT FOR ON -SALE LIQUOR
Gustafson seconded, a motion to continue to the March
City Council meeting, a conditional use permit to allow
Xaviers Restaurant, 1260 Town Centre Drive /Town Centre
Nay: 0
ON -SALE LIQUOR LICENSE APPLICATION
XAVIERS INC.
EXTENSION /PRELIMINARY PLAT FOR AUTUMN RIDGE ADDITION
00072
McCrea moved, Wachter seconded, a motion to continue to the March
20, 1990, regular City Council meeting, the on -sale liquor license
application for Xavier Inc. Aye: 5 Nay: 0
After discussing changes in the street alignment and a cul de sac,
Pawlenty moved, and Wachter seconded, a motion to approve a preliminary
plat extension for the Autumn Ridge Addition subject to the following
conditions:
1. That these standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, Bi,
B2, B3, B4, Cl, C2, C3, C5, Di, El, F1, and Gl.
2. That the development must have access to the property from Dodd.
3. That Phase Two of the development shall not be constructed until
a second access to the development is provided.
4. That if any outstanding fees are owed the City, that full payment
would be a condition of extension.
5. That the financial obligation be changed to reflect the 1990
rates for sanitary sewer trunk, water trunk and storm trunk.
Aye: 5 Nay: 0
PAGE 7 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
NEW BUSINESS
RESIGNATION /GREG GAPPA
AIRPORT RELATIONS COMMITTEE
1989 GENERAL FUND BUDGET AND
FUND TRANSFERS
PRELIMINARY PLAT EXTENSION
COUNTRY HOLLOW 2ND ADDITION
AUTOMOBILE RENTAL STORAGE
FEDERAL LAND COMPANY
WAIVE PLATTING REQUIREMENT FOR BUILDING PERMIT
LEROY CHAPDELAINE
00073
Because the Airport Relations Committee already has a full compliment
of members, no action was taken to replace Mr. Gappa.
McCrea moved, Wachter seconded, a motion to approve without
modification, the 1990 General Fund budget adjustments, miscellaneous
fund transfers, Solid Waste Abatement Fund budget adjustments and the
Fines and Forfeits Fund budget adoption. Aye: 5 Nay: 0
The developer of the project, Warren Israelson of Progress Companies,
Inc., was present to discuss their request for preliminary and final plat
extension. Because of confusion regarding a previous request for
extension, in addition to an inconsistency between the minutes and a
resolution, Council recommended that the issue be clarified prior to any
further extension.
Wachter moved, and Pawlenty seconded, a motion to continue to the
March 20, 1990, regular City Council meeting, a preliminary plat
extension for Country Hollow 2nd Addition to allow for staff
clarification.
Aye: 5 Nay: 0
Gustafson moved, McCrea seconded, a motion to continue to the March
20, 1990, regular City Council meeting, a conditional use permit for
Federal Land Company to allow automobile rental storage on behalf of
Agency Rent -a -Car. Aye: 5 Nay: 0
The Director of Community Development discussed this application.
He stated that if a waiver was approved waiving the requirement that the
property be platted prior to the issuance of a building permit, the City
could still require that the property be platted before occupancy. If
the applicant were to go through the normal platting process, a building
permit in all liklihood would not be issued in time to meet the
requirements of the property buyer. The Director of Community
Development also stated that a conditional use permit would be required
PAGE 8 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
allowed. The conditional use permit would be subject to a public
hearing.
The Council had concerns as to whether the circumstances warranted
issuing a waiver and whether or not it would be precedent setting.
Gustafson moved, Wachter seconded, a motion to approve a waiver of
the requirement that a property be platted in accordance with the
requirements of the City ordinance before a building permit is issued as
requested by LeRoy Chapdelaine for part of Parcel #010 -30, Section 12.
Aye: 3 Nay: 2 (Pawlenty, McCrea)
WILMUS ADDITION /COMPREHENSIVE GUIDE PLAN AMENDMENT
REZONING, PRELIMINARY PLAT JOINT POWERS AGREEMENT
0
After brief discussion regarding the previous zoning, ponding and
drainage on the site, and the joint powers agreement, McCrea moved,
Gustafson seconded, a motion to approve the Comprehensive Guide Plan
Amendment for the Wilmus Addition. Aye: 5 Nay: 0 R 90.11
McCrea moved, Pawlenty seconded, a motion to approve the rezoning
from R -4 to PF (Public Facilities) for the Wilmus Addition. Aye: 5
Nay: 0
McCrea moved, Gustafson seconded, a motion to approve a preliminary
plat of one lot and one outlot on approximately 18.2 acres for an
elementary school, Wilmus Addition, subject to the following conditions:
1. That this development shall comply with water quality management
policies in effect at the time of final plat approval.
2. That the installation of a trunk storm sewer lift station and
outlet for Pond BP -6 must be approved by Council action prior to final
plat approval.
3. That these standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, B1,
B2, B3, B4, Cl, C2, C4, C5, D1, El, F1, and G1.
4. That the development will be responsible for providing a storm
sewer outlet to the northerly adjacent property adequately sized to
accommodate 13 CFS of run -off.
Aye: 5 Nay: 0
Gustafson moved, Pawlenty seconded, a motion to approve Independent
School District #196 and the City of Eagan School /City Development and
Usage Site Joint Powers Agreement.
Aye: 5 Nay: 0
PAGE 9 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
Pawlenty moved, and Gustafson seconded, a motion to approve a
Comprehensive Guide Plan Amendment and a rezoning of .63 R -3 acres to PF
at the northeast intersection of Pilot Knob and Cliff Roads for the
purpose of constructing a water treatment facility.
Aye: 5 Nay: 0
REZONING /COMPREHENSIVE GUIDE PLAN AMENDMENT
WATER TREATMENT FACILITY /CITY OF EAGAN
CONDITIONAL USE PERMIT /VARIANCE
MINNESOTA PUBLIC RADIO
00075
R -90.12
In light of discussion at the beginning of the meeting regarding the
number of requests to continue this item, the City Council would allow
one more continuance to the April 3, 1990, City Council agenda; however,
barring substantial hardship, no further continuances would be permitted.
The City Administrator was directed to send a letter to this effect to
the applicant, Minnesota Public Radio. The letter would also ask that
Minnesota Public Radio answer questions outlined in a letter from Mr.
Dick Reynolds of the Audubon Society.
Councilmember Wachter suggested that Minnesota Public Radio explore
the feasibility of locating their radio towers on a site near the
intersection of Cliff and Nicols Roads which already contains radio
towers. While the City Council is not endorsing this site, they only ask
whether this has been considered.
McCrea moved, and Gustafson seconded, a motion to continue a
conditional use permit and variance for Minnesota Public Radio to allow
three, 300' radio towers in an LI (Light Industrial) District to April
3, 1990, and that unless the applicant can show substantial hardship,
that this item will be heard on that date. Aye: 5 Nay: 0
REZONING /COMPREHENSIVE GUIDE PLAN AMENDMENT
DIFFLEY /CEDAR PLANNED DEVELOPMENT
Wachter moved, McCrea seconded, a motion to approve a resolution
returning the rezoning and comprehensive guide plan amendment requested
for Diffley /Cedar Planned Development by Koldt Properties to the Advisory
Planning Commission for review and public hearing. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
GENERAL ADVISORY COMMITTEE APPOINTMENT
METROPOLITAN WASTE CONTROL COMMISSION
At the February 20, 1990, City Council meeting, Mr. John Griggs was
mentioned as a possible appointment to the MWCC General Advisory
PAGE 10 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
Committee. At that meeting, Mayor Egan requested that Mr. Griggs be
contacted regarding his interest in serving on this committee. Mr.
Griggs has been contacted and is interested in the appointment.
Wachter moved, Gustafson seconded, a motion to recommend Mr. John
Griggs to the MWCC for appointment to their General Advisory Committee.
Aye: 5 Nay: 0
APPOINTMENT AT MPCA
Councilmember Wachter recommended Ms. Ann O'Boyle as the City of
Eagan's representative on an advisory committee that the Division of Air
Quality of the MPCA is forming to advise them on the implementation of
an air quality monitoring program in Dakota County.
Wachter moved, Gustafson seconded, a motion to contact Ms. Ann
O'Boyle regarding her interest in serving on an air quality monitoring
committee and if Ms. O'Boyle is not interested in appointment, the City
should advertise for an individual with the appropriate technical
background to serve on this committee. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETINGS
Gustafson moved, Pawlenty seconded, a motion to approve a special
City Council meeting for 7:30 p.m. on Wednesday, March 7, to be held at
the Metropolitan Airports Commission office for the purpose of presenting
a response to the Mendota Heights corridor proposal. Aye: 5 Nay: 0
City Administrator Hedges reported that the staff is ready for the
R -4 study and could address this issue on March 27 at a special City
Council meeting. Gustafson moved, McCrea seconded, a motion to hold a
special City Council meeting on March 27 at 5:30 p.m. for the purpose of
reviewing the R -4 zoning study. Aye: 5 Nay: 0
NORTH /SOUTH ROAD FOR SECTION 10
00076
Director of Community Development Runkle explained that as a part of
our master transportation planning, the City is considering a north /south
road connecting the O'Neil property with Lexington Avenue, north of the
bulk mail operations. If this road were in place on the comprehensive
maps, future developers of property in the area could be told that a
north /south street would be a requirement of platting.
Wachter moved, and McCrea seconded, a motion to approve an amendment
to the City's transportation plan that would allow a north /south
collector street in Section 10 connecting the O'Neil property with
Lexington Avenue north of the bulk mail operation. Aye: Nay: 0
PAGE 11 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
The City Administrator reported that a petition was received today
regarding the Rahn Road project and staff would like direction as to how
to proceed. Mayor Egan stated that the City Council has held public
hearings, neighborhood meetings, staff has put in months of work on the
project, and the project was previously addressed in 1985. Because this
is not a unique situation and future City Councils will have to address
more and more existing street upgradings, it will not possible to
reconsider each one.
Councilmember Gustafson agreed that the project should go forward but
pointed out that the cover letter attached to the petition stated a
different position than that outlined in the petition. The petition is
much more general while the letter states that the project in its
existing form is, "unacceptable and highly inconsistent with our needs."
While it does not appear that those who signed the petition are
necessarily in agreement with the strong position taken by the authors
of the cover letter, Councilmember Gustafson would attend another meeting
to go over what had been decided. Councilmember Pawlenty and Mayor Egan
would also be willing to attend. Staff was directed to set up a meeting
with the residents who live along Rahn Road.
PROJECT 584 /RAHN ROAD
VISITORS TO BE HEARD
00077
When Mayor Egan asked if there were any visitors to be heard, Mr.
Garrett Vail addressed an off street parking problem in the Donnywood
Addition. Mr. Vail lives in a twinhome subdivision and is concerned
about the parking of vehicles on the yards and boulevards in the
subdivision. He requests that the City Council enact an ordinance to
regulate off street parking and open storage of motorized vehicles and
related property. The City Council directed staff and the City Attorney
to research Mr. Vail's request.
RADIO ATTENNAE /RESERVOIRS
The Director of Public Works asked the Council for direction in
responding to a request by Mr. Per Hansen, representing an organization
called, Military Affiliate Radio System (MARS). The organization is a
cooperative between civilians and the military for the purpose of
maintaining radio communications during disasters. Mr. Hansen has been
instructed to locate an antenna site that is rent free or donated and has
asked permission to locate an antenna on a City reservoir at no cost to
the organization.
After discussing the concept and whether or not it would interfere
with antennae already located on the reservoirs, the Council directed
staff to gather additional information and then return to the City
Council for consideration.
PAGE 12 /EAGAN CITY COUNCIL MINUTES
March 6, 1990
PROJECT 571 /STEARNS ADDITION
00078
McCrea moved, Gustafson seconded, a motion to approve 1.4 additional
acres for ponding easements, Project 571, Stearns Addition. Aye: 5
Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated
March 6, 1990, in the amount of $282,982.88. Aye: 5 Nay: 0
EXECUTIVE SESSION /ADJOURNMENT
The City Council adjourned the regular meeting to an executive
session to consider attorney /client privileged information at 11:30 p.m.
Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea,
Pawlenty and Wachter, City Administrator Hedges and City Attorney
Sheldon. The executive session was adjourned at 12:00 p.m.
CITY OF AGAN
E. J fanOverbeke, City Clerk
KF
PLUMBERS LICENSE MARCH 6, 1990
1. AAA Abbott Plumbing Heating
2. J. Baars Plumbing Heating
3. Henke Plumbing, Inc.
4. McGuire Sons Plumbing Heating
5. McQuillan Brothers, Plumbing Heating
6. Northrup Mechanical, Inc.
7. Olberg Construction
8. Scherer Plumbing
9. Widmer Inc.
10. Williams Plumbing Heating
00079