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07/21/1992 - City Council Regular00. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 21, 1992 A regular meeting of the Eagan City Council was held on Tuesday, July 21, 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 Jim Sheldon. AN ...................... ..................... ...................... City Administrator Hedges noted that Consent Agenda Item P, Final Plat, E -Z Stop of Eagan would be recommended for continuance. Recommended as additions under Additional Items included Project #543R, settlement agreement for seven property owners and Project #543R, Richard McGrew assessment. City Administrator Hedges also recommended the addition of Meghans Addition and a request for a license to operate a driving range at Lexington and Diffley. Pawlenty moved, McCrea seconded, a motion to approve the agenda for the July 7, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Mayor Egan asked for a clarification regarding Ratification /Eagan Corridor Position as stated on Page 4 of the minutes. It was noted that the Council had ratified the memo that was included in the packet rather than the specific position that the corridor test be redone by the Metropolitan Airports Commission for a period of 60 -180 days. Pawlenty moved, Wachter seconded, a motion to approve the July 7, 1992 minutes as amended. Aye: 5 Nay: 0. ......... ............................... I'RE.S�i'I°tl'IC ......... ............................... aUTSTA I (+GI`X'I IaI t MM NIy TII �1!IIGHAEGN:Q$Tr? City Administrator Hedges introduced this item as a recommendation by the Police Department to commend Michael Norton for saving the life of Nathan Antinozzi at Holland Lake swimming beach on May 31, 1992. Deputy Chief Aszmann explained that typically the Chief of Police writes a letter of appreciation to outstanding citizens but wanted to take it a step further by recognizing these citizens publicly with a commendation. After introducing Michael Norton Deputy Chief Aszmann asked Mayor Egan to present the Outstanding Citizen Commendation to Mr. Norton. After reading the commendation, Mayor Egan presented the award to Mr. Norton thanking him for his prompt action is saving the life of Nathan Antinozzi. FISH LAKE TRAILWAY City Administrator Hedges introduced this item as a trailway located outside the trail easements for Fish Lake Park. Staff has been working with the adjacent property owners relative to alternate solutions to this issue. Mr. Hedges continued that the Council has visited the site and are aware of the options. 0C Page 2/EAGAN CITY COUNCIL MINUTES JULY 21, 1992 After being asked for questions or comments by Mayor Egan, Councilmember Wachter responded that the trail was placed before the houses were built in this area and it's unfortunate that it wasn't completely within the trailway easement. He continued that the fishing pier should stay at it's present location but that the trail should be moved to it's correct location to see if this change will mitigate some of the inconveniences expressed by adjacent neighbors. Mayor Egan reviewed some of the options the Council could consider. Alternate A shows a portion of the trail being re- located within the easement, then reconnecting to the existing trail now in place at a point east of the common property line between Lots 8 and 9. This alternate would require new trail easement be obtained for that distance in which the trail goes outside the current easement. Alternate B proposes the trail be completely relocated to within the existing easement. The old trail would be removed and restored. This alternative would not require any agreement with the effected property owners in terms of obtaining new easements and would keep the existing fishing pier at its current location. Alternate C shows the closing of the trail or park at a specific time. Currently the park closes at 11:00 pm which is consistent with the City Ordinance. Councilmember Awada favored Alternate B which is to replace the trail noting the difficulty in trying to enforce park hours before 11:00 pm. Mayor Egan asked what options there might be in closing this park earlier than 11 pm. Deputy Chief Aszmann responded that it would be difficult to enforce different park hours. Councilmember Pawlenty noted that after having visited the site he could not see a better option for the location of the pier and felt the relocation of the trail was the proper course of action. Mayor Egan added that if the surface of the trail was changed, i.e. wood chip vs. bituminous, there is a risk of losing the support of the DNR because one of the DNR's conditions for access to the pier they installed at Fish Lake was that the pier be handicap accessible. Mayor Egan concurred that the best option would be Alternate B. Tom Lay, 3672 Pinecrest Court commented that he would like to see the park closed at 11:00 pm like the other parks are. What happens is that people remain within the park after the 11:00 closing time necessitating a call to the police department. He continued that if the Council opted for Alternate B, would the city allow for plantings along the easement to buffer the trail from the neighborhood. He also requested that a satellite be installed within the park. Director of Parks and Recreation Vraa stated that faster growing plantings would be the best option for providing a landscape buffer to the neighborhood. The option of providing a satellite in the park would also be an option if the Council so desired. Dale Runkle, 3669 Pinecrest Court added that he would like the easement clearly identified as well as the limits of the easement. His preference is that there not be a satellite placed along the trail; rather, if one is to be installed within the park that it be placed nearing the parking lot area. Deputy Chief Aszmann, in response to an earlier comment about the police department's response time stated that the normal response time for emergencies is 3 -5 minutes with non - emergency response time being approximately 15 minutes. He continued that there are times when it takes longer depending upon other calls being handled by officers and that it would be fair to say that there are times when the response time can be 15 -20 minutes. Councilmember McCrea commented that by adding a satellite within the park it makes it more convenient for people to stay longer than they normally might. Deputy Chief Aszmann added that a satellite may also pose a vandalism problem. Page 3 /EAGAN CITY COUNCIL MIN[JTES July 21, 1992 After further discussion, Wachter moved, Awada seconded, a motion to accept Alternate B, as identified as Exhibit 3, which proposes the trail be completely relocated to within the existing easement. The old trail would be removed and restored, the existing fishing pier would be kept at its current location to satisfy the demands and needs of the users and there would be a loss of some larger bush type vegetation near the property line between Lots 8 and 9, however additional plantings would be done as a buffer. Additionally, a satellite would be placed within the park to see how it works and if there is a problem with vandalism it could be removed. Aye: 5 Nay: 0. FIRE DEPARTMENT RESOLUTION REGARDING RELIEF ASSOCIATION LUMP SUM SERVICE PENSION AMOUNT City Administrator Hedges introduced this item as an interpretation according to Minnesota Statute that defines the maximum service pension for the Fire Department Relief Association. The Attorney General reviewed the benefit level of the Anoka /Champlin Fire Department Relief Association and found that the maximum lump sum service pension per year of service is $3,000. A small number of relief associations, including Eagan, were paying benefit amounts over this maximum as of December 31, 1991. The issue of "grandfathering" these associations through the allowance of maintained benefit levels in force as of December 31, 1991 was vetoed resulting in the State Auditor reporting associations who were in non - compliance which would then result in withholding a State fire aid until the disqualification is remedied. After brief discussion, McCrea moved, Wachter seconded, a motion to authorize the City Administrator to send a letter to the State Auditor stating that the City of Eagan will comply with the maximum lump sum service pension to not exceed $3,000 and will place all volunteer firefighters who have retired on notice that the volunteer firefighters have been overpaid and there will be no future payment exceeding the maximum lump sum service pension of $3,000 and further, that the City will make every effort to correct the matter in the next legislative session, grandfathering all payments that were made according to an approved plan by the City in force as of December 31, 1991. Aye: 5 Nay: 0 R -92.60 MISCELLANEOUS ITEM RAHN ROAD /SPEED STUDY Councilmember Pawlenty stated he had received a call from Mr. Mark Weidenhaft regarding the traffic situation on Rahn Road. Mr. Pawlenty asked if there was anything that could be done to help alleviate this problem and Deputy Chief Aszmann commented that traffic is monitored on a regular basis, however, the traffic levels and speed always accelerate to the level they were before the police stopped those that have been speeding. It was suggested that a copy of the Rahn Road speed study be sent to Mr. Weidenhaft. ................ ............................... A. Personnel Items Item 1. Hearing Conservation Program Agreement /Bloomington Public Health Service. It was recommended that the contract with the Bloomington Health Department for the hearing conservation program be approved. Item 2. Volunteer Firefighter Members - -It was recommended that the acceptance of Michael Bihl, David Johnson, Eric Otjen, Michael Scott and David Remily as regular active members of the Eagan Volunteer Fire Department be approved. Item 3. Temporary Administrative Intern /Recycling Specialist - -It was recommended that the hiring of Mary Moga as a temporary six month administrative intern /recycling specialist be approved. M.A. Page 4 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Item 4. Resignation /Clerical Technician III /Parks and Recreation Department - -It was recommended that the resignation of Barbara Sellars be accepted and approval was given to the filling of the full-time Clerical Technician III position. B. Plumbers Licenses It was recommended that the following plumbers' licenses be approved: All American Mechanical, Aqua City Plumbing, Inc., E.M.I. Service, Gardner Stone Mechanical, Mike Larson Plumbing, M & D Plumbing & Heating, Main Line Plumbing, Richfield Plumbing Co., Inc. and Smisek's. C. Massage Therapist License - Barbara Pakola Councilmember McCrea, recognizing the need for therapeutic massage services, expressed her concern for the amount of the license fee. She continued that perhaps the Council should consider charging a lesser fee when a service of this type is tied in with a health care facility. McCrea also questioned charging more for a massage license than a liquor license. Councilmember Wachter responded that the fee had been determined by the Council based on the investigation time involved. Mayor Egan suggested that staff review the issue and report back to the Council with their findings. Of particular interest, McCrea added, would be the rationale as to why massage licenses are more than liquor or pawn shop licenses. It was recommended that the massage therapist license for Barbara Pakola be approved. D. Cigarette License/Wal -Mart It was recommended that the cigarette license for the Wal Mart store at 1360 Town Centre Drive be approved. E. Pet Shop License/Wal Mart Councilmember McCrea stated she was not in support of issuing a pet shop license to Wal Mart because of the close proximity to existing similar businesses. Councilmember Pawlenty explained his agreement with McCrea's sentiment, however he considers this to be an inappropriate function of the Council to protect businesses. McCrea responded that it may be necessary to help protect some of the small businesses in Eagan. Pawlenty stated that he would not be in favor of continuing this issue based on it's competitiveness issue, however if there was a health, safety and welfare issue perhaps a continuance would be appropriate. Mayor Egan added that if there was a health, safety and welfare concern relative to the pet shop license, this would not deter Wal Mart from opening and would also provide time to obtain further information. After a brief discussion, McCrea moved, Pawlenty seconded a motion to continue the Wal -Mart pet shop license to the August 4, 1992 City Council meeting. Aye: 4 Nay 1 (Awada). F. Resolution to Set Sale Date 1992 Improvement Bonds, Two Refunding Bond Issues and 1992 Equipment Certificates It was recommended that the sale date for the 1992 Improvement Bonds, two Refunding Bond Issues and the 1992 Equipment Certificates be set for August 18, 1992. R -92.61 G. Final Plat- Weston Hills Addition It was recommended that the final plat for Weston Hills Addition be approved and the Mayor and City Clerk were authorized to execute all related documents. R -92.62 OC-.7 Page 5/EAGAN CITY COUNCIL MINUTES July 21, 1992 H. Consideration of Request for Congressional Support of the Cable Television Consumer Protection and Competition Act of 1992 It was recommended that the position be approved and correspondence authorized supporting H.R. 4850, the Cable Television Consumer Protection and Competition Act of 1992. I. Receive Bids /Award Contract (1992 Sealcoating) It was recommended that Contract 92 -07 (1992 Sealcoating Program) be awarded to Allied Blacktop Co. and that the Mayor and City Clerk be authorized to execute all related contract documents. J. Receive Feasibility Report /Order Public Hearing (Pol►pler Addn) It was recommended that the feasibility report for Project 636 (Poppler Addition - Streets and Storm Sewer be received and a public hearing be scheduled for August 18. K Receive Bids /Award Contract (Johnny Cake Ridge Rd & Cedar Industrial Park It was recommended that the bids be received and Contract 92 -06 (Johnny Cake Ridge Road & Cedar Industrial Park- Street Rehabilitation) be awarded to McNamara Cont. and the Mayor and City Clerk be authorized to execute all related documents. L. Acknowledge Completion /Authorize City Maintenance (S Todd Rapp) It was recommended that the completion of Project 91 -G (S. Todd Rapp Addition - Streets & Utilities) be acknowledged and perpetual maintenance subject to warranty provisions be authorized. M. Acknowledge Completion /Authorize City Maintenance (Fairway Hills 1st Additton2 It was recommended that the completion of Project 86 -W (Fairway Hills 1st Addition- Streets & Utilities) be acknowledged and perpetual maintenance subject to warranty provisions be authorized. N. Change Order #1 (Eagandale Center Industrial Park No. 3 & 4 It was recommended that Change Order #1 to Contract 91 -06 (Eagandale Center Industrial Park No. 3 & 4 - Street Overlay) be approved and the Mayor and City Clerk be authorized to execute all related documents. O. Approve Plans and Specifications /Authorize Advertisement for Bids. Blackhawk Park.Phase I It was recommended that the plans and specs for Blackhawk Park Phase I be approved and authorization be given to advertise for bids. P. Final Plat /E -Z Stop of Eagan It was recommended that the final plat for E -Z Stop of Eagan be continued until the August 4, 1992 City Council meeting. Wachter moved, Awada seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0C Page 6/EAGAN CITY COUNCIL MINUTES July 21, 1992 CEDAR GROVE 7TH ADDITION AND LAKESIDE ESTATES (STREETLIGHTS) City Administrator Hedges introduced the public hearing for Cedar Grove 7th Addition and Lakeside Estates streetlights. Assistant City Engineer Foertsch explained that Project No. 634 is the result of 150 residents asking for a feasibility report regarding the installation of streetlights serving the residents of these two areas. Mike continued that the project is feasible and is in accordance with the City's policy on the installation of streetlights in residential areas. Cedar Grove No. 7 and Lakeside Estates contains 202 and 48 lots respectively for a total of 250 lots which would benefit from streetlighting. The 45 streetlights would be standard ornamental on 18' standard poles with the conventional intersection streetlights a standard design mounted on 30' fiberglass poles with 6' aluminum mast arms. Both types of lights are proposed to be installed by Dakota County Electric. The total cost of the project is estimated at $51,840 which, divided by the 250 lots equates to an assessment of approximately $207 /lot spread over five years at 8% interest. There would also be a $2.95 /lot per quarter energy charge which would be billed with water and sewer. It is anticipated the installation will be completed the first few weeks in September. With a show of hands, the Council was able to identify those residents present who wanted to respond to this issue. Mayor Egan also asked for a show of hands to identify those in support of the project and those opposed to it. It appeared, of those present, 2/3 were in support of installing streetlights and 1/3 were opposed. Shawn Hunter, 4054 Pumice Lane addressed the Council expressing his opposition to streetlighting in the Cedar Grove area because of the flavor of the neighborhood. He continued that the petition he saw was in support of a feasibility study not installation of streetlights. Shawn stated that many people moved to this area in Eagan because it is dark and that he personally enjoys looking at the sky in the evening without interference of streetlighting. Unidentified resident of 1843 Taconite Trail voiced his support of streetlighting based on the additional security it will provide. Dave Wallace, 4036 Limonite Lane explained that he had started a petition several months ago in support of street lighting. After contacting the neighborhood that would be impacted by lighting he noted there were 127 signatures, out of 201, that were in support of lighting. He continued that he took the feasibility report to residents in the event there were questions. He also stated that the costs came in slightly less than what was previously approximated. His survey indicated that the majority of residents in the Cedar Grove No. 7 area were supportive of street lighting primarily for security reasons. Maureen Janke, 1790 Taconite Trail stated she was asked to sign a petition in support of a feasibility study, not installation of street lighting. She continued that there are no statistics available that show that street lighting reduces crime in a residential neighborhood and further, that many people in the neighborhood have installed their own yard lighting if they felt they needed that additional security or visibility. She concluded that she did not receive notification that this item would be addressed at the City Council meeting. Mike Foertsch responded that a legal notice was place in the newspaper along with noticing affected property owners. Bernice Marks, 1791 Carnelian Lane expressed her concern for the type of lights that would be installed wanting to make sure they would sturdy, provide ample lighting and look appealing. She added that she, too, did not receive notification of the meeting. She concluded with her concern relative to the maintenance of the lights. In response to the maintenance concern Mike Foertsch noted that Dakota Electric would cover the long term maintenance for these lights. Page 7 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Randy Thiel, 596 Grand Court expressed his support of the street lighting in Lakeside Estates because of the safety aspect as well as security. Colleen Mashuga, 1819 Bluestone and Leonard Gust, 1839 Taconite Trail both addressed the Council expressing their support of street lighting to help security in the area. After brief discussion, McCrea moved, Pawlenty seconded a motion to close the public hearing and approve Project 634 (Cedar Grove 7th Addition and Lakeside Estates - Streetlights) and authorize their installation through the Dakota Electric Association. Aye: 5 Nay: 0 AM ON -SALE BEER LICENSE /PICCOLO'S RESTAURANT Mayor Egan introduced this item for On -Sale Beer License for Piccolo's Pizza, Wallace J. Boudreau, 4162 Pilot Knob Road. City Administrator Hedges suggested the Council may wish to continue the item to pursue other options. Councilmember Pawlenty added that after having reviewed the material, he hoped there were no false expectations being given to the applicant in regard to obtaining a license. McCrea moved, Pawlenty seconded a motion to continue to the August 4, 1992 regular City Council meeting an application for a beer license for Piccolo's Pizzeria for Wallace Bondreau. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT /JAMES BOMBARDO INDOOR AMUSEMENT DEVICES /MARI ACRES 2ND ADDITION Mayor Egan introduced the Conditional Use Permit by James Bombardo to allow Indoor Recreation and More than Three Amusement Devices, Including Outdoor Miniature Golf and Go Cart Track, in a CSD (Community Shopping Center) District on Lot 1, Block 3, Mari Acres 2nd Addition, Located along the west side of Nicols Road in the SW 1/4 of Section 30. City Administrator Hedges noted that the Advisory Planning Commission considered this application at their June 23, 1992 meeting and recommended its approval. Community Development Director Runkle reviewed the background of this application noting the location along the west side of Nicols Road in the SW 1/4 of Section 30. He continued that the site design places a go-cart track on the west property line adjacent to Highway #77 with the miniature golf area and the 5,000 sq. ft. building separating the tract from the 111 stall parking area. It was noted that the go-cart track is 750 feet from the nearest residence. A public hearing was held as well as a separate neighborhood meeting to get input regarding this proposal. After a lengthy review, the Advisory Planning Commission recommended that this permit be approved with 12 conditions. The twelfth condition added was to have the amusement area close by 10:00 p.m. Jim Bombardo addressed the Council stating it was his intent to build a family entertainment area in Eagan. The plan he is proposing includes a go -cart using a high quality, low noise level car; a miniature golf course that will be a higher quality than is typically found in this area along with a 5,000 square foot building which will house miscellaneous video games. Mr. Bombardo presented the Council with photos of similar facilities so they would be able to visualize what could expected on this site. He added that there would be mature trees and berming to help buffer the site from the residential neighborhood. Page 8 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Councilmember Awada questioned the origin of the pictures Mr. Bombardo was sharing with the Council and also inquired as to whether the neighborhood had had an opportunity to view them. Mr. Bombardo responded the pictures were from the manufacturer so as to give Co cilmembers a clearer idea of what type of equipment would be placed on this site but that the neighbor' residents had not seen them. Councilmember Awada, noting this would be a v expensive project to build, asked Mr. Bombardo why he was leasing the property rather than buying it. Mr. Bombardo responded that his banker felt that leasing the land would be a better financial decision for him at this time. Mayor Egan asked if the Council was going to be looking at this request as a temporary service rather than a long -term commitment to the property. Mr. Bombardo responded that this project, based on the costs involved, was a long term investment for his family John Malone, 2111 Cliff View Drive presented the Council with a signed petition opposing this development along with a copy of his agenda. He suggested that the Councilmembers place themselves in the position of the residents in this neighborhood. He suggested they consider that property values may decline with the development of an entertainment facility so near the neighborhood, the traffic would be impacted significantly and the neighborhood would prefer development more in harmony with their homes. Other concerns expressed included mature trees being removed on the site, increase in crime based on research done on similar businesses in the area, area wouldn't be bermed sufficiently from the neighborhood, concern that Mr. Bombardo may leave the site once his lease has expired and the request of the neighborhood to have a quality business at this site. Mitch, 2087 Shadow Lane noted that he purchased his home in 1987 and has had fun at go-cart tracks in the past. His concern was not the noise, rather the safety of the children and the neighborhood. He felt that when the track closed down at 10:00 p.m. the kids would overflow into their neighborhood increasing the possibility of vandalism. Mitch suggested that the Council look at the go -cart track on Highway 13 and they will see that this isn't a family facility; rather, it's a "hang out" for kids. Jerry Dahl, 2147 Cliffview Drive agreed with the concern that kids using this facility would overflow to Rahn park via their neighborhood after it closes. Denice Danerth, 2123 Cliffview Drive explained her concern was not that of noise from the go -cart track but for the traffic generated by the people using the facility and then accessing Rahn Park after hours. She noted that she is a first time homeowner, has improved her property and wants to protect it as much as possible from the treat of vandalism. Another concern expressed was the limited parking at Rahn Park and the added burden overflow parking would place on the neighborhood. Paul Kemlinger, 2136 Cliffhill Lane, having just purchased his home, noted that had he known this was being proposed he would not have purchased in this neighborhood. Unidentified resident, 4516 Scott Trail noted that this development would be more regional than community based and felt that this type of use at this site was inappropriate. He continued that the City Code does not list Community Shopping Center zoning as appropriate for outdoor recreation and asked that the Council keep that issue in mind in making their decision. Tony Swanson, 2118 Cliffhill Lane added his concern for the neighbors directly affected by this proposed development. He added that the residents in this neighborhood have spent a great deal of time and dollars to upgrade the area and hoped the Council would listed to their concerns. Tony continued that children crossing Nicols Road from the trail system to this proposed development is a safety concern that would need to be addressed if this project is approved. Holly Lindstrom, 2140 Cliffhill Lane expressed her concern for keeping some of the natural sites that exist in the city. She also noted a concern for the pollution that may be caused from the go-carts. k_. .. u Page 9 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Jenny Domlin, 2096 Cliffview identified two similar projects in other states where City Councils rejected the proposals based on input from neighboring residents and their concerns for safety: Gloria Woehler and Amy Diamond reiterated the concern for devaluation of their property, safety issues, and the fact that existing facilities are currently meeting this need. Gary Tankenoff, current landowner of this site, explained that he has been discussing this project with Mr. Bombardo for the last 5-6 months. He noted that Mr Bombardo is a very reputable businessman and that he has spent a great deal of time and money in putting this proposal together. He continued that Mr. Bombardo has a 10 year lease with and option to purchase and has been advised by his lending institution that this is the most palatable option at this time. Gary stated that with the opening of the Mega Mall there is interest in this site for a movie theater and /or hotel /motel along with other similar uses that fall under the CSC zoning. It was noted that the Advisory Planning Commission viewed the facilities proposed at this site different than those as Grand Slam which is being used as a comparison. Jerry Berg, noted there had been a great deal of time and money invested in upgrading Cedarvale and felt this facility would be in direct conflict with Grand Slam. He continued that if Grand Slam's attendance drops and they find a need to close this will compound the loss of business at Cedarvale. Tony continued that he did not know Mr. Bombardo's reputation, did not dispute that it was reputable, however the concern for traffic and safety issues should outweigh anything else. Councilmember McCrea explained that she is in support of small business and understands that the Advisory Planning Commission approved this development, however feels that this particular location is inappropriate. She asked that the applicant consider looking at an alternate site. McCrea continued that she respected the input of the residents and agreed with their concern that this development would be a regional draw rather than a community based facility which is what the zoning is intended for. She added that kids definitely need a place to go and would have like to have seen this type of activity provided, but in a different location. Councilmember Wachter agreed that this site was not appropriate for the use the applicant is proposing. Other reasons for not supporting this item included the fact that it is not a year -round facility, the neighbors are not in favor of this project, the land is too valuable for what is proposed and there would be a lot of people affected by this development. Councilmember Pawlenty agreed with Councilmembers McCrea and Wachter regarding this particular location for the proposed development. He added that there will be another proposal coming in for this site and did not want the residents to have any unrealistic expectations that development will not occur on this site. Mayor Egan added that the Council is cognizant of the neighbors concerns and input. He clarified that the code identifies CSC zoning as providing services of "weekly needs of adjoining residents" and that the code implicitly restricts this type of use. McCrea moved, Wachter seconded a motion to instruct the City Attorney to draft a Resolution of Finding for denial of a conditional use permit for James Bombardo to allow indoor recreation and more than three amusement devices including outdoor miniature golf and a go -cart track in a CSC (Community Shopping Center) district on Lot 1, Block 3, Mari Acres 2nd Addition. Aye: 5 Nay: 0 Page 10 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Mayor Egan introduced this item as a waiver of plat to split lots 191 -03 and 192 -03, Block 3 into Lots 14-19, Block 3, Eagandale Center Industrial Park #4. Community Development Director Runkle continued that Opus Corporation has applied for this waiver to split two tax parcels to correspond with the original planning designation associated with the Eagandale Center Industrial Park development. Wachter moved, Pawlenty seconded a motion to approve a waiver of plat for Opus Corporation to split Lots 191 -03 and 192 -03, Block 3 into Lots 14-19, Block 3, Eagandale Centre Industrial Park #4, as presented. Aye: 5 Nay: 0 R-92 .63 Mayor Egan introduced this item as a waiver of plat to split lots 191 -04 and 192 -04, Block 4 into lots 14-19, Block 4, Eagandale Center Industrial Park #4. McCrea moved, Pawlenty seconded a motion to approve a waiver of plat for Opus Corporation to split Lots 191 -04 and 192 -04, Block 4 into Lots 14-19, Block 4, Eagandale Center Industrial Park #4, as presented. Aye: 5 Nay: 0 R-92. 6 4 Mayor Egan introduced this item as a Conditional Use Permit to allow a truck and freight terminal in a LI (Light Industrial) District on Lots 14, 15 and 16, Block 4, Eagandale Center Industrial Park #4. City Administrator Hedges noted that this item appeared before the Advisory Planning Commission on June 23, 1992 and they recommended approval. Community Development Director Runkle explained that this proposal is for a 13,000 sq. ft. building which will contain office, warehouse and a repair facility with thirteen loading docks long Mike Collins Drive. He continued that the applicant has requested that conditions 10 and 11 be removed. Condition 10 requires the development be required to limit stormwater run -off from the site to 1 cfs and condition it requires an additional 5 feet of right -of -way for Mike Collins Drive. Further discussion of the issue concluded that the two conditions could not be appropriately attached to a conditional use permit. Mark Anderson, Opus Corporation explained that in working with staff they concur with conditions 10 and 11 however they are uncomfortable with condition 6 concerning constructing Aldrin Drive with streets and utilities from Mike Collins Drive to the west property line of the development at the time of building permit issuance. Opus would prefer that the language be changed to reflect the work being completed with a "not to exceed" clause. This will help Opus to know there will be some maximum limits if the city is to provide these improvements and bill Opus for them. City Engineer Colbert explained that the applicant has been offered the option of providing these improvements or having the provide them and the applicant will pay for them. He did note that the city does understand Mr. Anderson's concern and the need to place a cap on the construction costs. After Ralph Dahr described the physical characteristics of the building and the site, Councilmember Wachter commented on the exceptional landscape plan that has been provided for this site. .(-' ` 6 5 Page it /EAGAN CITY COUNCIL MINUTES July 21, 1992 Wachter moved, McCrea seconded a motion to approve a conditional use permit for A & H Cartage to allow a truck and freight terminal in a light industrial district on Lots 14, 15 and 16, Block 4 of Eagandale Center Industrial Park #4 with all conditions except Conditions #10 and #11: 1. Recording with Dakota County within 60 days of eagan City Council approval with documentation to the City. 2. All siguage shall be subject to a one -time fee of 52.50 /sq. ft. 3. Lots 14, 15 and 16, Block 4 shall be combined into one tax parcel. 4. All other applicable City Code requirements. 5. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 6. Constructing Aldrin Drive with streets and utilities from Mike Collins Drive to the west property line of the development will be required with the building permit issuance for site development. The applicant will be responsible for the cost or a waiver will be signed providing that the City will be responsible for the construction of these improvements and the applicant will be responsible for paying the costs with a cap being placed on the maximum dollar amount the applicant will be responsible for. 7. The development will be required to construct their entire parking lot in accordance with City Code requirements with concrete curb and gutter and bituminous or concrete surfacing. 8. The two driveway openings onto the public streets shall be constructed with concrete aprons and concrete valley gutters in accordance with City standards. 9. A sanitary sewer manhole shall be constructed at the property line where the sanitary sewer service connects to the existing stub. ;i. An ad-d—i6en—al S' er F:0! of way is requked for. Mike GeRins PrWe. Aye: 5 Nay: 0 Mayor Egan introduced this item as a variance of 12'6" to the required 30' setback from public right -of- way located at 1113 Westbury Path in the NE 1/4 of Section 22. City Administrator Hedges introduced Community Development Director Runkle who explained that the request for a variance to provide for a 14' x 20' room addition on the east side of their home facing Westbury Lane. The variance is requested based on having two 30' setbacks to meet and wanting to minimize the loss of a portion of their two -tier landscaped deck. Page 12 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Noting that the hardship was clearly stated, McCrea moved, Awada seconded a motion to approve a variance for Robert and Michelle Haugan of 12'6" to the required 30' setback from a public right -of -way located at 1113 Westbury Path subject to the following: 1. Obtaining necessary building permits from the protective inspections department. 2. All other applicable City Code requirements. Aye: 5 Nay: 0 . €iS BACK: >'S' Al Ift�'�`H1C�EER4Z Mayor Eagan introduced this item as a variance of 4' to the required 10' side yard setback located at 4271 Sun Cliff Road in the NW 1/4 of Section 29. City Administrator Hedges introduced Community Development Director Runkle who explained that the request for a variance of 4' to the property line. The homeowners indicate this is the only location where they can build a porch. There have been no objections received from the neighbors and Mr. Riaze explained that this would be a three - season porch. It was also noted that this was the only location where an addition could be built without major construction changes to the building. Wachter moved, McCrea seconded amotion to approve a variance of 4' to the required 10' side yard setback for Homayoun and Kathleen Riaze for their property at 4271 Sun Cliff Road subject to the following: 1. A building permit shall be applied for and approved by the protective inspections division. 2. All other applicable City Codes and requirements shall be met. Aye: 5 Nay: 0 PI7BI:IC ItTGHT -UF WfiY SETBACK Y�RI�IN�E 13.0 DfjNRfJN L�.NE/ JC15'f�f31�15)ttlr�(�N ......... X. Mayor Egan introduced this item and City Administrator Hedges added that the applicant is requesting a variance to the required 30' setback from public right -of -way for a home located at 4320 Dunrovin Lane. Community Development Director Runkle noted that the applicant is proposing a three season porch addition to the south side of the existing home which would encroach 41 into the required 30' setback. Other alternatives have been looked at regarding this addition however this is the only feasible location for the construction to occur. McCrea moved, Awada seconded a motion to approve a variance of four feet to the required 30' setback from public right -of -way for a home located at 4320 Dunrovin Lane subject to the following: 1. No other variances shall be granted for this lot. 2. All applicable City Codes and requirements shall be met. Aye: 5 Nay: 0 O t . �' F l M•1, Page 13 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Mayor Egan introduced this item as a request for a special use permit to allow Harvest Fellowship Church to occupy building space in a Limited Industrial Zoning District located at 3584 Kennebec Drive in the NW Quarter of Section 17. After a brief review by City Administrator Hedges and Community Development Director Runkle, Awada moved, Pawlenty seconded a motion to approve a special use permit for the Harvest Fellowship to allow a church to occupy building space in a limited industrial zoning district located at 3584 Kennebec Drive subject to the following: 1. This temporary permit shall expire two years from the date of City Council approval. 2. Church functions shall be limited to Wednesday evenings and weekends. 3. All applicable City Code requirements shall be met. Aye: 5 Nay: 0 City Administrator Hedges explained that St.Paul Councilmember Bob Long shared a resolution passed by the St. Paul City Council calling for a constitutional amendment dedicating funding for the Local Government Trust Fund and requesting the League of Minnesota Cities to make such an amendment one of their priorities. At a recent AMM regional meeting this item was discussed and the consensus of cities in attendance was that a) cities should not be tampering with the State Constitution and b) if a constitutional amendment vote did not pass, the Local Government Trust Fund could be in jeopardy with the State Legislature. It was noted that unless the City Council considers supporting the resolution, no official action is required. City Administrator Hedges explained that the Legislature has authorized the Minnesota Department of Health to assess a fee f $5.21 per water service connection to cover total State costs for the federally mandated program that increases the number of water parameters monitored from 23 to 83. A letter was received from St. Louis park requesting the City of Eagan's support in opposing this legislation. Mr. Hedges added that community businesses with private wells will not participate in the mandated fees and staff is looking for direction from the Council as to how these fees should be addressed. Councilmember Pawlenty suggested that before the City consider litigation as St. Louis Park is considering, every effort should be made to see what changes can be made in the Legislature. Mayor Egan suggested that correspondence be sent to all legislative delegations expressing the City's concern for this mandate. City Administrator Hedges noted that the quarterly water billing will be mailed within the week and asked what action the Council would suggest since the fee needs to be collected and submitted to the state shortly. Mr. Hedges continued that the dollars being collected exceed the costs that will be incurred for the testing. Councilmembers Wachter and McCrea suggested that more information be obtained as to how this happened and how the State justified the mandate. Page 14 /EAGAN CITY COUNCIL MINUTES July 21, 1992 After further discussion it was determined that the City would provide information to the public as to the background of this issue, collect the fees as mandated by the State and further to communicate with the Legislature the City's position and their need for justification of the mandate. PROJECT #543R /SETTLEMENT AGREEMENT McCrea moved, Pawlenty seconded a motion to approve a resolution adopting a settlement agreement for seven property owners for Project #543R. Aye: 5 Nay: 0 R -92.65 PROJECT #543R /RICHARD MCGREW ASSESSMENT City Attorney Sheldon explained that at the trial for this issue, the assessment amount had been set for $7400. Typically the judge hears both sites of the argument and then either approves or rejects the assessment amount. In this case the judge rejected the assessment and instructed the parties to go back to the City Council to negotiate a fee that can be used so that this item can proceed to trial. Mr. McGrew's attorney, Tom Bibus was present to review some background as to why they felt the assessment was too high. Mr. McGrew's primary concern was that the improvements being assessed to his property did not equate to an equal gain to his property, rather, the adjoining residents have received more benefit from them. They are requesting an assessment of $1 -2,000 which they feel more adequately reflects the value of the improvements being provided. After a brief discussion, Pawlenty moved, Wachter seconded a motion to recommend a settlement of $6,000 for Richard McGrew's Project #54311 assessment. Aye: 5 Nay: 0 MINNESOTA DEPARTMENT OF RESOURCES /ECOLOGY AND MANAGEMENT OF URBAN DEER City Administrator Hedges explained that the DNR is asking for support of a proposed Legislative Commission on Minnesota Resources project entitled "Ecology and Management of Urban Deer ". Efforts will concentrate on the efficiency, effectiveness and cost of management methods and programs available for use in urban areas. Chief Geagan is suggesting support of the project and hopes that the study will result in methods for control and removal of deer in residential neighborhoods and information regarding the effects of feed on deer population movement. After a brief discussion, McCrea moved, Pawlenty seconded a motion to approve a resolution asking for approval and funding of a proposal by the Minnesota Department of Natural Resources to study urban deer movements as long as the recommendation does not include the City of Eagan expending dollars for this study. Aye: 5 Nay: 0 R -92.66 MIKE KING/ LICENSE FOR DRIVING RANGE Mike King addressed the Council stated he has approached the owner of Tee Time to see if he can take over the driving range until the area is rezoned for residential development. The request is to operate the driving range for the remainder of the summer at the same location and then find a new, permanent location for subsequent years. V C i0 Page 15 /EAGAN CITY COUNCIL MINUTES July 21, 1992 Councilmember McCrea explained that she would like more information before continuing with this discussion. One of her concerns was the that the fence had been removed and that Mr. King did not intend to replace the net, rather he would collect the golf balls each night. City Administrator Hedges explained that this item was a licensing issue and the procedure was such that it would not typically require prior review by the City Council. Mr. King explained that once he had the layout of the parcel he discovered that the area was 300 feet long rather than 500 feet as was originally thought. He continued that this was a workable option, however. Dale Runkle explained there was a very short period of time before residential construction would begin in this area and felt that the liability issue for Mr. King was more of an issue. Councilmember McCrea reiterated her concern for safety since there would be no net to catch the golf balls, however, if the City would not be assuming any liability, the safety issue then becomes the responsibility of Mr. King. Jim Sheldon explained that the license application would be reviewed and if more information was needed, it would be handled at that time. MEGHANS ADDITION Mr. Parranto was present to update the Council on his meeting with the County Plat Review Committee regarding obtaining access onto County Road 30 from Meghans Addition. Mr. Parranto stated that the opinion of the County Board was that access would not be permitted and that his options were to petition to the Physical Development Committee for re- evaluation or he could provide and internal street system and not provide access onto Co. Road 30. Mr. Parrnato continued that if the City Council so directs, he will provide a revised site plan showing only one access otherwise his other option is to continue with the County to see if they will change their mind. After further discussion, the City Council suggested that Mr. Parranto should first exhaust all options with the county and if that should fail, then come back to the City Council. Mr. Parranto thanked the Council for their attention to this matter and indicated he would schedule a follow -up meeting with the County to see what could be resolved. CONTRACT 90 -02 /CHANGE ORDER #2 City Engineer Colbert introduced this item as a change order to Contract 90 -02 (Blackhawk Cove Lift Station). The change order is a $288.75 addition to the contract with an anticipated July 25 completion. McCrea moved, Pawlenty seconded a motion to approve Change Order #2 to Contract 90 -02 (Blackhawk Cove Lift Station). Aye: 5 Nay: 0 CHECKLIST Wachter moved, Pawlenty seconded a motion to approve the checklist dated June 30, 1992, in the amount of $1,044,732.60 and July 21, 1992,in the amount of $476,133.34. Aye: 5 Nay: 0 s' C 'r .: t-. - -- a v . Page 16 /EAGAN CITY COUNCIL MINUTES July 21, 1992 ROUND TABLE Councilmember Wachter noted that he had received another phone call from a resident adjacent to Rahn Athletic Fields relative to softballs being hit into his yard. Councilmember Pawlenty stated that everything has been done that can be done in this situation and didn't feel that any further action was necessary. Councilmember McCrea suggested that the City Council send a letter to School District 196 expressing their dissatisfaction for the development that has occured at the Deerwood Elementary site in preparation for the addition of a middle school. Mayor Egan also noted that the burning permit issue needs to be addressed as well. Councilmembers McCrea and Awada were also thanked for their assistance in working with the City, County and Tony Caponi to work towards the completion of the Caponi Art Park ADJOURNMENT The City Council adjourned the regular meeting of July 21, 1992 at 10:45 p.m. and continued with an executive session immediately following the meeting. CM CITY OF EAGAN E.':I. VanOverbeke City lerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681 -4600, (TDD phone: (612) 4548535).