10/15/1991 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 15, 1991
A regular meeting of the Eagan City Council was held on Tuesday,
October 15, 1991, at the Eagan Municipal Center. Present were Mayor
Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Director of Parks &
Recreation Ken Vraa, Director of Public Works Tom Colbert, Community
Development Director Dale Runkle, City Planner Jim Sturm, and City
Attorney Jim Sheldon.
AGENDA
City Administrator Hedges advised the City Council that there was
no change in the agenda, however, Old Business, Items B and C, could
possibly be continued for an indefinite period of time.
Pawlenty moved, Wachter seconded, a motion to approve the agenda
for the October 15, 1991, regular City Council meeting. Aye: 5 Nay: 0
MINUTES
Councilmember Pawlenty recommended the following change to the
minutes of the October 1, 1991, regular City Council meeting:
Page 9, Paragraph 3, Sentence 2, strike the name "McCrea".
Mayor Egan recommended the following change:
Page 7, the title should state "Waiver of Plat/Layne & Shirley
Anderson".
Wachter moved, Pawlenty seconded, a motion to approve the minutes
for the October 1, 1991, regular City Council meeting as amended.
Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
SAFETY CAMP RECOGNITION
City Administrator Hedges stated that the first ever Safety Camp,
which was held August 5 through August 7, 1991, was a huge success.
Plaques were presented to the eleven major contributors of this camp
as a token of the City's appreciation for their assistance.
Page 2/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
RECOGNITION OF RETIRING FIRE FIGHTERS
City Administrator Hedges mentioned that volunteer fire fighter
Bill Lindblade would also be retiring as of October 15, 1991. He is
retiring after 20 1/2 years of service. Chief Southorn commended the
seven retirees for their many years of service to the City. Mayor
Egan presented each of the seven individuals with a Certificate of
Appreciation. Mayor Egan stated that their retirement is a great loss
to the City of Eagan.
CONSENT AGENDA
Councilmember Wachter noted that he believed Item G would be a
benefit to the community and was a good idea.
A. Personnel Items
1. It was recommended that contracting with Paul Bedney and
Cory Dunkrik as score keeping officials for the adult basketball
league be approved.
2. The City Council was informed that because of a vacancy, it
was necessary for City Administrator Hedges to approve the hiring of
Jamie Marusich as a seasonal forestry tech.
B. Deferment, Senior Citizen Special Assessment - Wigley
It was recommended that the senior citizen deferment for Mr.
and Mrs. Lawrence Wigley at 1450 Skyline Road be approved.
C. Appointment of City Representative to Metropolitan Council's
Airport Reuse Committee
It was recommended that Jon Hohenstein and Dale Runkle be
appointed as the regular and alternate members respectively of the
Metropolitan Council's Airport Reuse Committee on behalf of the City
of Eagan.
D. Resolution of Assessment Appeal. Project 566 (Coventry Pass
Trunk Utilities - Perron)
It was recommended that the Resolution adopting a settlement
agreement to the assessment appeal for Project 566 (Coventry Pass
Trunk Utilities - Perron) and authorize the Mayor and City Clerk to
Execute all related documents be approved.
R-91.69
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Page 3/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
E. Contract 91-07, Authorize Final Payment (1991 Sealcoating)
It was recommended that the final payment for Contract 91-07
(1991 Sealcoating) in the amount of $8,062.52 to Allied Blacktopping,
Inc. and accept the improvement subject to appropriate warranty
conditions be approved.
F. Consideration of Consent to Show Easements in Torrens
Certificate, Lot 1, Block 2. Oak Chase 3rd Addition
It was recommended to approve the request and authorize the
Mayor and staff to execute the consent document to permit appropriate
easements to be shown in a legal description of the subject property
as presented.
G. Authorization to Eliminate Local Board of Review
It was recommended to approve a resolution eliminating the
local board of review for the City of Eagan and to permit all
activities previously undertaken by the board of review to be
transferred to the County Board of Equalization and County staff.
Gustafson moved, Pawlenty seconded, a motion to approve the
Consent Agenda as presented. Aye: 5 Nay: 0
City Administrator Hedges requested that the agenda be amended to
include a brief executive session.
Pawlenty moved, McCrea seconded, a motion to amend the agenda to
include the executive session. Aye: 5 Nay: 0
R-91 .70
PUBLIC HEARINGS
VACATE UTILITY EASEMENT L2, B1, UNISYS PARK 2ND ADDN.
Mayor Egan opened the first public hearing to vacate the utility
easement (Lot2, Block 1, Unisys Park 2nd Addition).
Pawlenty moved, Wachter seconded, a motion to close the public
hearing and approve vacation of the utility easement over Lot 2,
Block 1, Unisys Park 2nd Addition, and authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
Page 4/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
FINAL ASSESSMENT HEARING (LEXINGTON AVENUE)
Mayor Egan opened the next public hearing regarding the final
assessment roll for Project 531 (Lexington Avenue - Streets and
Utilities). Director of Public Works Colbert stated that at the
neighborhood meeting on October 8, 1991, the main concern was that
the multi-family homeowners pay an assessment while the single-family
homeowners do not. He also mentioned that the City has received 3
written objections to this assessment from Patrick McCarthy, Robert
Miller of the Lexington Condominium Board, and Margie Wirth.
Robert Miller explained that he was not disagreeing that he
should be assessed, however, he feels that the single-family property
owners south of him should be assessed. The single-family owners use
the same sidewalks, sewer, access, etc. as the multi-family owners
do.
City Attorney Sheldon responded to Mayor Egan's question
regarding whether this assessment is discriminatory by saying that
the City has always uniformly applied this policy and feels that the
City is not being discriminatory. It was discussed that the
multi-family units in the area are zoned R-4, but if the density is
lower it may lower the assessment to the multi-family owners.
Mary Higgins addressed her concerns about the assessment.
McCrea moved, Wachter seconded, a motion to close the public
hearing and approve the final assessment roll for Project 531
(Lexington Avenue - Streets & Utilities) and authorize its
certification to Dakota County. Aye: 5 Nay:O
FINAL ASSESSMENT HEARING (STERNS ADDITION)
Mayor Egan opened the next public hearing regarding the final
assessment roll for Project 561 (Sterns Addition - Streets &
Utilities). Director of Public Works Colbert related that an
agreement had been reached between I.S.D. #196, James Development,
and the Sterns group, regarding the assessment allocation. They are
requesting the City to modify the assessment roll. City staff is
comfortable with modifying the assessment roll. Mr. Colbert also
mentioned that an objection letter was received by trudi
Johnson-Richards.
Rosemary Sterns informed the City Council of the history of the
property and stated that she is not fighting the assessment, however,
she is requesting deferment until she sells her property. City
Page 5/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
Attorney Sheldon stated that the City Council must levy first and
then defer the assessment. He felt the issues would be resolved by
the next City Council meeting. trudi Johnson-Richards wanted it on
record that she objects to this assessment.
Wachter moved, Pawlenty seconded, a motion to close the public
hearing and approve "modified" final assessment roll per the
agreement for Project 561, Sterns Addition - Street and Utilities,
with future direction to negotiate with the Sterns group regarding
possible deferments.
Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING
EFFRESS ADDITION
Mayor Egan opened the next public hearing regarding the final
assessment roll for Project 567R (Effress Addition-Storm Sewer).
McCrea moved, Wachter seconded, a motion to close the public
hearing and approve the final assessment roll for Project 567R
(Effress Addition - Storm Sewer) and authorize its certification to
Dakota County.
PROJECT 621, MANOR LAKE 4TH
Mayor Egan opened the next public hearing regarding Project 621
(Manor Lake 4th Addition - Streets & Utilities). Mark Hanson (BRAA
representative) discussed the report they submitted to the City on
September 11, 1991, regarding the proposed street and utility
improvements. Director of Public Works Colbert stated that the Ray
Connelly appraisal pointed out that the improvements would not be a
benefit to the property south of Manor Lake Development. Therefore
the developer will be responsible for those assessments.
City Attorney Sheldon stated that he spoke with Bob Middlemist
and Mr.'Middlemist is not satisfied that the property south of the
development will not benefit from the improvements.
McCrea moved, Wachter seconded, a motion to close the public
hearing and approve Project 621 (Manor Lake 4th Addition - Streets &
Utilities), following recommendations by staff regarding their
negotiations with Mr. Middlemist. Aye: 5 Nay: 0
Page 6/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
PROJECT 619, SADDLEHORN ADDITION
Mayor Egan opened the last public hearing regarding Project 619
(Saddlehorn Addition - Streetlights). Director of Public Works
Colbert stated that five streetlights are proposed to be installed at
a total cost of $4,200.00, which would be installed by Dakota
Electric Association. Over 50% of the neighborhood residents were in
favor of the streetlights. Councilmember Pawlenty mentioned that he
spoke with one of the neighbors, Jim Ingram, who did not like the
proposed placement of the streetlights.
A resident from the neighborhood stated that the streetlights
were not a benefit to everyone as all of the streetlights were in one
half of the neighborhood. He felt that if they do implement the
streetlights, he would like to see more of them. Director of Public
Works Colbert felt the proposed streetlights were adequate, but that
an additional light could be considered.
McCrea moved, Wachter seconded, a motion to continue this matter
until the November 7, 1991, regular City Council meeting so that the
neighborhood residents could be updated and renoticed. Aye: 5 Nay: 0
OLD BUSINESS
OUTSIDE STORAGE ORDINANCE AMENDMENT
Mayor Egan introduced this item regarding an amendment of Eagan
City Code Chapter 11. City Administrator Hedges informed the City
Council that if this item is approved, then Items B and C should be
continued as the applications would not conform to the new ordinance.
Community Development Director Runkle discussed the background of
this ordinance and proposed changes.
The manager of the Yankee Square Amoco, Jim Avery, raised his
concern that if a Conditional Use Permit is required to have outside
storage, it will cost him time and money. It would also involve
costly remodeling. Councilmember McCrea questioned how the City would
be able to enforce this ordinance and felt that some items must be
stored outside. Councilmember Pawlenty stated he is not in favor of
banning outside storage, however, restrictions are needed.
Councilmember Gustafson commented that he did not agree with the
language of the proposed ordinance and feels the main issue is
aesthetics.
Mayor Egan stated that he feels the proposed ordinance is better
than nothing at all and likes the case by case basis on which the
outside storage would be allowed. He stated he is satisfied with the
process but not necessarily the language.
Page 7/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
Tim Wandzel, a representative of Tom Thumb, raised his concerns
with the language of the proposed ordinance. He would like
clarification on whether or not the City of Eagan wants outside
storage. Kara Blosbow stated that the City should survey citizens
regarding this issue.
Councilmember Pawlenty proposed a suggested list of changes to
the ordinance.
Pawlenty moved, Gustafson seconded, a motion to continue
indefinitely so staff can review Pawlenty's suggestions.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/OUTDOOR STORAGE/
TOM THUMB STORES
Wachter moves, Gustafson seconded, a motion to continue
indefinitely. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/OUTDOOR STORAGE/
TOM THUMB STORES
Gustafson moves, Wachter seconded, a motion to continue
indefinitely. Aye: 5 Nay: 0
NEW BUSINESS
WAIVER REQUEST/PARK SHELTER FEES/
TIGER SCOUTS
Mayor Egan introduced this item regarding a waiver of the park
shelter fee for Trapp Farm Park shelter for Tiger Scout Pack #452.
Mayor Egan felt that because of the negative precedent and the large
number of future potential waiver requests the fee should not be
waived.
Wachter moved, Egan seconded, a motion to deny a waiver of the
park shelter fee for Trapp Farm Park shelter for Tiger Scout Pack
#452. Aye: 5 Nay: 0
CLEAN WATER PARTNERSHIP PROGRAM
GRANT APPLICATIONS
Mayor Egan introduced this item regarding a resolution
authorizing a Clean Water Partnership Program Grant application for
Fish and Blackhawk Lakes. Rich Brasch, Water Resource Coordinator,
explained the application and the budget process.
Page 8/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
Wachter moved, Gustafson seconded, a motion to approve a
resolution authorizing a Clean Water Partnership Program Grant
application for Fish and Blackhawk Lakes. Aye: 5 Nay: 0 R-91.71'
CONSIDERATION SINGLE FAMILY MORTGAGE
REVENUE REFUNDING BONDS
Mayor Egan introduced this item regarding a resolution
authorizing the execution of a joint powers agreement approving the
issuance of a joint powers agreement, approving the issuance by the
Dakota County Housing and Redevelopment authority of its $6,450,000
single family mortgage revenue refunding bonds. Mark Ulfers,
Executive Director of HRA, informed the City Council that this was
basically a housing affordability program. He discussed the options
available to the City and stated that he felt that after the initial
10 - 18 months most of the funds would be depleted. Mr. Ulfers
mentioned that legislature recently passed a regulation that monies
for the first 10 months must be used for existing homes.
Gustafson moved, Wachter seconded, a motion to approve the
resolution authorizing the execution of a joint powers agreement
approving the issuance of a joint powers agreement, approving the
issuance by the Dakota County Housing and Redevelopment authority of
its $6,450,000 single family mortgage revenue refunding bonds with
all monies to be used within the City and the first 10 - 18 months to
be restricted to existing construction. Aye: 5 Nay: 0
BOY SCOUT TROOP #345/
CHRISTMAS TREE SALES
Mayor Egan introduced this item regarding an application for a
special use permit for Boy Scout Troop #345 for Christmas tree sales.
Gustafson moved, McCrea seconded, a motion to approve an
application for a special use permit for Boy Scout Troop #345 for
Christmas tree sales. Aye: 5 Nay: 0
BOY SCOUT TROOP #510/
CHRISTMAS TREE SALES
Mayor Egan introduced this item regarding an application for a
special use permit for Boy Scout Troop #510 for Christmas tree sales.
McCrea moved, Wachter seconded, a motion to approve an
application for a special use permit for Boy Scout Troop #510 for
Christmas tree sales. Aye: 5 Nay: 0
Page 9/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
PRELIMINARY PLAT EXTENSION/
HELLER ADDITION
Mayor Egan introduced this item regarding an extension of the
preliminary plat for Heller Addition through October 16, 1992.
Community Development Director Runkle commented that the only issue
was whether the developer will agree to waive his right to object to
the assessments associated with this project.
Phillip Heller stated that he did object to waiving this right
and felt that this request was extremely unfair.
City Attorney Sheldon stated that if the preliminary plat was
extended it could possibly hurt the City's case in the pending
litigation against Mr. Heller.
Mayor Egan called for a motion and no motion was made.
PRELIMINARY PLAT EXTENSION/
SS MARTHA AND MARY ADDITION
Mayor Egan introduced this item regarding the preliminary plat
extension for SS Martha and Mary Addition through December 20, 1992.
City Administrator Hedges requested that this item be continued until
the November 7, 1991, regular City Council meeting to review water
drainage issues.
Pawlenty moved, McCrea seconded, a motion to continue until the
November 7, 1991, regular City Council meeting. Aye: 5 Nay: 0
PRELIMINARY PLAT/WESCOTT SQUARE 2ND ADDITION
Mayor Egan introduced this item regarding a preliminary plat for
Wescott Square 2nd Addition. Community Development Director Runkle
mentioned that the road configuration is the same, however, lot lines
have changed and subsequently there is a reduction of two lots.
A representative of the applicant stated he was available for
questions.
Gustafson moved, Wachter seconded, a motion to approve a
preliminary plat for Wescott Square 2nd Addition. Aye: 5 Nay: 0
Page 10/EAGAN CITY COUNCIL MINUTES
OCTOBER 15, 1991
ADDITIONAL ITEMS
CONT. 91-12, APPROVE PLANS/
AUTHORIZE AD FOR BIDS
Gustafson moved, Pawlenty seconded, a motion to approve the
detailed plans and specifications for Contract 91-12 (Manor Lake 4th
Addition - Streets and Utilities) and authorize the advertisement for
a bid opening to be held at 11:00 a.m. on Friday, November 15, 1991.
Aye: 5 Nay: 0
APPROVE RESOLUTION
ON-STREET PARKING
YANKEE DRIVE
Director of Public Works Colbert discussed the background of this
application and requested that the proposed signs also state: "No
Parking Anytime on Curve".
Gustafson moved, Wachter seconded, a motion to approve a
resolution restricting parking on Yankee Drive to include no parking
on the curve. Aye: 5 Nay: 0
R-91.72
MISCELLANEOUS ITEMS
CHECKLIST
Wachter moved, Gustafson seconded, a motion to approve a
checklist dated September 30, 1991, in the amount of $1,273,565.17,
and a checklist dated October 15, 1991, in the amount of $755,411.12.
Aye: 5 Nay: 0
ADJOURNMENT/EXECUTIVE SESSION
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, Director of
Public Works Colbert, and City Attorney Sheldon. The executive
session was adjourned at approximately 12:10 a.m.
CITY OF EAGAN
1PA 4".., JI-_
E. VanOverbeke, City Clerk