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01/03/1991 - City Council Regular MINUTES OF A REGULAR MEETING OF EAGAN CITY COUNCIL EAGAN, MINNESOTA January 3, 1991 A regular meeting of the Eagan City Council was held on Thursday, January 3, 1991 at the Eagan Municipal Center. Present were Mayor Egan, Councilmembers, Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and Assistant City Attorney Mike Dougherty. AGENDA City Administrator Hedges recommended the following changes to the agenda for the January 3, 1991 Regular City Council meeting: Add: Department Head Business, Department of Parks and Recreation, Item 1, Presentation of Lions Club Donation. Request to Continue to the January 15, 1991, Regular City Council Meeting: Item D, Consent Agenda, Final Plat, Town Centre 100 - Eighth Addition. Request to Continue to the January 15, 1991, Regular City Council Meeting: Item E, Consent Agenda, Final Plat, Town Center 100 - Ninth Addition. Wachter moved, Gustafson seconded the motion to approve the agenda for the January 3, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 N4, IN.....U... T..ES. Council member Pawlenty recommended the following changes to the minutes of the December 18, 1990 regular City Council Meeting: Page 12, last paragraph, change "well advertised" to "properly noticed for that time of action". Page 16, paragraph four, sentence six, change "agreed" to "acknowledged the points made by Mayor Egan". McCrea moved Wachter seconded a motion to approve the minutes of the December 18, 1990 regular City Council meeting as amended. Aye: 5 Nay: 0 DEPARTMENT.HEAD? BUSINESS DEPARTMENT OF PARKS & RECREATION PRESENTATION OF LIONS CLUB DONATION Appearing on behalf of the Eagan Lions Club were Jerry Marko, Roger Lee, and Jack Kaysen. Mr. Marko presented a check to the City in the amount of $100,000 from the Lions Club pull-tab operations in the City. This donation was given to the City for the purposes of equipping and improving one City park within the City. Mayor Egan accepted the check on behalf of the City Council and the City of Eagan. k75 0`'~Jl r'af Page 2/EAGAN CITY COUNCIL MINUTES January 3, 1991 Councilmember McCrea said that some time ago it had come to her attention that the Burnsville Community Action Council was purchasing homes in the City of Eagan to be used for transitional housing. While the Councilmember believes this type of housing Is needed, the City of Eagan does not have public transportation and she had concerns that these residents would not have access to basic services because of the lack of transportation. The Councilmember also mentioned that most cities that have such arrangements have ordinances in place for their implementation. City Administrator Hedges said that the issue would be investigated and a report forwarded to the Council. A. Personnel Items 1. It was recommended that the hiring of Becky Becker seasonal winter recreation leader; Judy Forde and Marilyn Grant as seasonal pre-school program instructors/assistants; Cynthia Olson, Kate Haag and Mary Hamann-Roland as their assistants; Sheila Haugh as temporary clerical technician/Parks and Recreation Department; and Kevin McGrath as Investigator/Police Department be ratified. 2. It was recommended that the addition of Utility Maintenance Workers to the list of employees at risk in the City's Hepatitis B Vaccine Policy be approved. 3. It was recommended that the hiring of John Serier II as a Community Service Officer be approved subject to successful completion of the psychological, physical and drug testing examinations. 4. It was recommended that the letter of resignation for Virginia Knight, Manager of Support Services for the City of Egan Police Department be accepted contingent upon the successful completion of transfer of funds in the IDS Deferred Compensation Funds to the ICMA Deferred Compensation Account. 5. It was recommended that the reorganization of the Eagan Police Department be approved as follows: a. To combine the Support Services and Administrative Divisions into a single division, Administrative Services, to be supervised by a current Lieutenant. b. To reassign the Manager of Support Services duties between that Lieutenant, the current Lead Dispatcher, the Police Secretary and the a new position of Lead Clerical Technician. c. To replace the vacant position with a new Clerical Technician III position. d. To hire a second Community Service Officer from the current CSO eligibility for hire list, contingent upon successful completion of the City's psychological, physical and drug testing examinations. 5. With the approval of a second Community Service Officer position, it was recommended that Judy Dretzke be hired subject to successful completion of the psychological, physical and drug testing examinations. Page 3/EAGAN CITY COUNCIL MINUTES January 3, 1991 6. It was recommended that the collective bargaining agreement with the Sergeants' bargaining group be approved per the City's last offer to the group which Included a 4% compensation increase for 1991. 7. It was recommended that the collective bargaining agreement with the Public Works/Parks Maintenance Workers' bargaining group be approved per the last offer to the group, including a 4% compensation increase for 1991 and 1992 and an adjustment to the step schedule for those persons hired in 1991. B. Agreement for Final Plat, Tranby 1st Addition It was recommended that this item be moved to the first Item of Old Business for further discussion. C. Agreement, Joint Powers for 1991 Recycling Program Funding Between the City of Eagan and Dakota County. It was recommended that the 1991 Joint Powers agreement for recycling program funding between the City of Eagan and Dakota County be approved as presented. D. Final Plat, Town Centre 100 - Eighth Addition It was recommended that the final plat for Town Centre - 100 Eighth Addition be continued to the January 15, 1991 regular City Council meeting. E. Final Plat, Town Centre 100 - Ninth Addition It was recommended that the final plat for Town Centre - 100 Ninth Addition be continued to the January 15, 1991 regular City Council meeting. F. Contract 88-24, Approve Final Payment/Authorize City Maintenance (Lexington Avenue Reservoir) It was recommended that the 7th and final payment of Contract 88-24, (Lexington Reservoir) to Brown Minneapolis Tank, Inc. be approved in the amount of $53,770.23 and perpetual City maintenance authorized subject to appropriate warranty provisions. G. Contract 87-X. Acknowledge Completion /Authorize City Maintenance (Cray Addition - Trunk Utilities) It was recommended that the completion of Contract 87-X (Cray Addition - Trunk Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. H. Contract 89-E, Acknowledge Completion /Authorize City Maintenance (Cray 2nd Addition -Trunk Utilities) It was recommended that the completion of Contract 89-E, (Cray 2nd Addition - Trunk Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. 1. Project 607, Authorize Feasibility Report (E. Diffley Road - Streets & Utilities) It was recommended that the preparation of the Feasibility Report for Project 607, (E. Diffley Road - Streets & Utilities) be authorized. Page 4/EAGAN CITY COUNCIL MINUTES January 3, 1991 Gustafson moved, Wachter seconded, a motion to approve the Consent Agenda as presented with the exceptions as previously noted. Aye: 5 Nay: 0 There were no public hearings. O AGREEMENT FOR FINAL PLAT/TRANBY FIRST ADDITION After an introduction by Mayor Egan, City Administrator Hedges said that Mr. Ole Tranby had made application for a preliminary plat and subsequently received final plat approval for the Tranby First Addition. Since that time, Mr. Tranby has informed City staff that he does not intend to pursue development of his plat at this time and requested that the improvements Indicated as conditions of plat not be undertaken. In addition, Mr. Hedges said that the escrow for this project was not adequate to cover additional costs incurred and normally paid by the developer. The City Administrator said it has been City Council policy not to use general fund dollars to subsidize development and City staff has been meeting with Mr. Tranby to resolve this issue. Mr. Hedges said that Mr. Tranby has agreed to pay the difference between the amount left in his escrow account and the final costs and to spread this remainder against any future development. Wachter moved, Gustafson seconded a motion to direct the payment of $5,162.06 in fees incurred with the feasibility study, detailed plans and specifications and other costs associated with the Tranby First Addition and approved the recordable agreement relative to improvements for the Tranby First Addition as presented. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/SAFETY KLEEN/OUTDOOR STORAGE Mayor Egan introduced this item as a conditional use permit for Safety Iaeen to allow outdoor storage in a LI (Light Industrial) District on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park located in the SE 1 /4 of Section 8. City Administrator Hedges said that because environmental information requested by the City Council has not yet been completed, it is recommended that this item be continued indefinitely. Mr. Hedges said that as soon as an agreement has been developed, the item will be brought back for Council consideration. Pawlenty moved, Gustafson seconded a motion to continue indefinitely the Conditional Use Permit application for Safety Kleen. Aye: 5 Nay: 0 (At Mayor Egan's recommendation, one item from the Administrative Agenda was taken up at this time so that Chief of Police Geagan could be present to answer any questions the City Council might have). ~D)1llINISTt'~YE AGENDA 1991 DEER SURVEY After introduction by Mayor Egan, City Administrator Hedges said that the Department of Natural Resources had requested the City of Eagan participate in funding the Deer Survey coordinated by the DNR. Page 5/EAGAN CITY COUNCIL MINUTES January 3, 1991 He said the survey would be similar to the helicopter survey conducted in 1990 with the City's share remaining near the $259 paid last year. Mr. Hedges then distributed a report prepared by Chief of Police Geagan regarding the number of accidents In the City involving deer. Councilmember McCrea asked what purpose the deer survey would serve. City Administrator Hedges said the information is evaluated each year for decisions involving special hunting seasons in the City for game management. Mr. Hedges said it has also allowed the City to look at deer concentrations in certain locations. Chief of Police Geagan said the survey numbers may be helpful in determining whether there are more deer in the City or just less habitat. Councilmember Gustafson said it may be wise to continue with the deer survey if the fly-over gives the information necessary to control the population. Gustafson moved, Pawlenty seconded a motion to approve participation, in an amount not to exceed $300, in the Deer Survey coordinated by the Department of Natural Resources to assist in the information required by the Deer Management Task Force for their on-going study and recommendations for deer management. Aye: 5 Nay: 0 N LV~t>BUSINESS, STOP SIGN/FAIRWAY HILLS DRIVE Q CAMELBACK DRIVE Mayor Egan introduced this item as a petition to place a stop sign at the intersection of Fairway Hills Drive and Camelback Drive. Because there was no one in the audience to address the issue, Mayor Egan asked Director of Public Works Colbert whether or not the neighborhood had been advised that this item would be before the City Council. Director of Public Works Colbert said that all information had been sent to the lead petitioner. Mr. Colbert said that past practice had been to notify the lead petitioner who in turn would notify those with an interest in the Item. Gustafson moved, Wachter seconded a motion to deny the request to install stop signs at the intersection of Fairway Hills Drive at Camelback Drive. Mayor Egan said that installation of the stop signs at this location could not be justified because it does not meet any of the warrants necessary for a stop sign. Councilmember Gustafson pointed out that studies have shown that traffic controls placed where they are not warranted result in significant safety risk. He said that because the controls are unnecessary, they are ignored and as they are ignored, the risk factor goes up. Aye: 5 Nay: 0 1991 COMMUNITY DEVELOPMENT BLOCK GRANT After introduction by Mayor Egan, City Administrator Hedges said that the City receives a partial entitlement from Dakota County of the County's Community Development Block Grant dollars. Mr. Hedges said that once the County reached a population of over 200,000 persons, it became eligible for block grant funds and it has been County policy to share those funds with the Cities in the County. Mr. Hedges said that the Cities of Burnsville, Eagan, and Apple Valley have been designated as a block and share Community Development Block Grant dollars between them. The City Administrator said that Eagan's portion for 1991 is approximately $111,000 and staff is looking to the Council for direction as to how those funds should be designated for 1991. Mr. Hedges said that Community Development Director, Dale Runkle, represents the City on a panel that evaluates how block grant dollars should be utilized each year and it is the Page 6/EAGAN CITY COUNCIL MINUTES January 3, 1991 recommendation of Mr. Runkle and the panel that the 1991 funds be designated for a senior citizen's housing project. As a point of clarification, Mr. Hedges said that the percentage of low and moderate income persons benefiting from the project, as indicated In the Community Development Block Grant Proposal, has been changed to meet Federal standards. Councilmember McCrea said the City Council had talked in the past about who would be eligible for senior's housing in the City and recommended that precedence be given to those already living in the City or to the elderly whose families live in the City. Community Development Director Runkle said that the funds requested in this application would be used for 'soft costs' associated with the project, such as architectural fees for project design and construction in 1991. He said that the process as to structure, guidelines, and regulation of the facility would be subject to Council review in the future. Mr. Runkle pointed out, however, that Lakeville is operating a similar facility and applications were ranked individually for those coming into the project with priority being given to low and moderate Income persons from Lakeville. Wachter moved, McCrea seconded a motion to approve the application for Community Development Grant Funds for 1991 as presented noting that the percentage of low and moderate income persons occupying the senior housing units will be set according to Federal standards. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/VARIANCE CROWN COCO, INC./SIGNAGE Mayor Egan introduced this item as a conditional use permit for Crown Coco, Inc. to allow a Pylon Sign and a Variance for height in excess of 27' on parcel 10-01900-011-55 located at the NW intersection of Nicols Road and Diffley Road in the SW 1 /4 of Section 19. City Administrator Hedges said that this conditional use permit application was similar to one reviewed by the Advisory Planning Commission this past summer which was subsequently denied by the City Council. However, he said that Crown Coco, Inc. had modified their application to include a lower square footage sign area and requested a variance for only the height in excess of 27'. After additional discussion of the background and location of the application, Director of Community Development Runkle said that Crown Coco, Inc. was requesting the pylon sign due to what they perceive to be poor sight visibility from the Cedar freeway for the EZ Stop site. Mr. David Miller, representing Crown Coco, Inc., said they have reduced the square footage of the sign from their original application and brought it in to compliance with the City Code. They said they had used the same engineering company that did the Amoco pylon sign and said the specifications for the sign were determined by the 800' 'window" along Highway 77 in which their sign must be seen in order to catch public attention. Councilmember Wachter asked Mr. Miller If Crown Coco, Inc. anticipated more changes to the site. Mr. Miller said that Crown Coco wants to develop the site and has contracted with a engineer regarding a grading and site plan. He said they hope to be back before the Council with a plat in the near future. In addition, Mr. Miller said they will be looking into upgrading a lot and adding storm sewer, curb and gutter, and landscaping. Councilmember Wachter asked whether Crown Coco, Inc. had put in new gasoline storage tanks on the site. Mr. Miller said Crown Coco had lined the existing storage tanks with fiber glass approximately a year ago. Councilmember Wachter then asked Mr. Miller if Crown Coco intended to install more pumps and Mr. Miller said that they did not. Gustafson moved, McCrea seconded a motion to approve a Conditional Use Permit for Crown Coco, Inc. for a pylon sign and a variance for the pylon sign height in excess of 27' noting that: 1) the City Code Page 7/EAGAN CITY COUNCIL MINUTES January 3, 1991 allows a pylon sign at this location and that 2) a variance to the maximum sign height is necessary for visibility for the site. Councilmember Pawlenty noted with respect to the billboard debate that this sign, unlike a billboard, is a business sign related to the use of this premise. He said that the City Code allows a sign at this location, its size is within code requirements and only the height necessitates the need for a variance. He said he would be inclined to support the application based on visibility concerns, however, would not if the rationale was one of business competition. Mayor Egan said concerns with the first application had been addressed and he found the present application preferable. Councilmember Gustafson said he had raised the issue with the first application but wished to note that the EZ Stop was, to his knowledge, the only convenience store to voluntarily comply with the City's letter of request regarding the sale of soft pornography in the City. He said that it was a gesture that he appreciated and it helped him support this application. Aye: 4 Nay: 1 (Wachter) CONDITIONAL USE PERMIT/R.L JOHNSON INVESTMENT CO., INC OUTDOOR STORAGE/FENCE IN EXCESS OF SIX FEET Mayor Egan introduced this item as a conditional use permit for R. L Johnson Investment Co., Inc., to allow outdoor storage in an LI (Light Industrial) district and a special permit for a fence in excess of six feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition, located along Yankee Doodle Road and Yankee Drive in the SE 1 /4 of Section 8 and the NE 1 /4 of Section 17. City Administrator Hedges said this item had been before the Advisory Planning Commission at their December 20 meeting and they had recommended denial. Director of Community Development Runkle said this item had been discussed a number of times with the remodeling and rental of the facility to the Army Reserve. He said the applicant had fenced a portion of the site without permit which the City has interpreted as an outside storage area. Mr. Runkle said staff had worked with R.L. Johnson Investment to work out a solution and find a location more suitable; however, no resolution had been reached. Mr. Runkle said at that point the applicant had submitted a conditional use permit application and the Advisory Planning Commission had recommended denial at this location. He said the APC had expressed concerns regarding inadequate distance between the fence and the building to allow the appropriate drive aisles. Mr. Runkle said that under the present configuration, there is only a 13 foot drive aisle along the west side of the building. Mr. David Constable, the staff architect for R.L. Johnson Investment Company, said they had made application for a conditional use permit because this location is in an area of industrial development and outdoor storage is acceptable in those areas. He said no equipment other than vehicles are stored in the fenced area and it is only a secured parking area which their major tenant, the Army Reserve, requires as a part of their tenancy. Mr. Constable said that R.L. Johnson had made application for this area with appropriate drawings and specifications and all had been stamped and approved by the City's Building Inspections Department. Because the area in question was included with these drawing, he said his company had taken those approvals to mean they were allowed to build it. He said the Army Reserve's rental of the facility was conditioned on getting appropriate approvals and they were of the opinion they had received approval and a certificate of occupancy. Mr. Constable said they had not done anything improper. Mr. Constable then made the point that City Planner Sturm had suggested the possibility of moving the fence to the side of the building where other industrial users are located. Mr. Constable questioned whether this was justified for one side versus another considering the reasons the Advisory Planning Commission had given for denying the application. He said the Planning Commission listed two items of Page 8/EAGAN CITY COUNCIL MINUTES January 3, 1991 concern and they were: compatibility with the neighborhood and safety. In answer, Mr. Constable said the building was originally approved with its present layout and the drive aisle around the building Is 24 feet in all places. Community Development Director Runkle said the area to the west side of the building has 18 foot parking stalls and a 13 foot drive aisle. City Administrator Hedges said for clarification regarding Mr. Constable's statement and the need to find another location, complaints had been received from two corporations in the area regarding the fence. Mr. Hedges said that City Planner Sturm had brought the need for a conditional use permit to R.L. Johnson's attention strictly to advise them they were In violation of the ordinance and not to negotiate a new location. Mayor Egan said he understood that the entire R.L. Johnson complex was subject to architectural approval from the new owners of the Comserv building. Mayor Egan asked Mr. Constable if they had received that approval. Mr. Constable said they had received approval when they submitted plans for the entire building, however, he said there was no approval requirement for the fence and they had not submitted it for such approval. Councilmember Pawlenty asked Mr. Constable whether the building plans submitted for approval had included the fence. Mr. Constable said they had submitted plans for building permit approval which included the interior plan as well as all exterior plans. He said the detailed drawings included the fence and all phases of these plans had been stamped approved by the Building Inspections Department. He said after everything was completed, they had received a certificate of occupancy. City Councilmember Pawlenty said that a memo from City Planner Sturm had characterized the drawings and specifications as being part of R.L. Johnson's application for an interior building permit and asked the City Attorney for clarification. Assistant City Attorney Mike Dougherty said that a building permit is only for the interior building and the certificate of occupancy applies to the use of space inside the building. Councilmember Pawlenty then asked in a review of a building permit application, whether it would be typical to undertake a critical review of the parking lot. Assistant City Attorney Dougherty said other than reviewing whether utilities were available, the review would be of the interior of the building only. In addition, Mr. Dougherty pointed out that even if the fence were included in the plans, outside storage would require approval under a conditional use permit. Councilmember Pawlenty then referred to the Advisory Planning Commission minutes which quote the applicant as saying that the lower side of the hill would be a possible location for the fenced area. Mr. Constable said City Planner Sturm suggested that particular location would be more acceptable to the City. He went on to say that it would be significantly expensive to relocate the fence and asked if it was objectionable at one location, why it would be more acceptable at another. Councilmember Pawlenty said presumably the new location would meet safety standards. Again, Mr. Constable said he had measured the drive aisle in question and, in addition to the 18 foot parking space, the drive aisle is 24 feet wide. Councilmember McCrea said that Knox Lumber had similar outside storage and said this application was not a great deal different. Mr. Runkle said according to staff's interpretation of the length of time these vehicles would be stored, it was determined that this would be outside storage and require a conditional use permit. Mr. Constable said one of the concerns of the Advisory Planning Commission was compatibility with the neighborhood. He said dumpsters and vehicles are stored at the Valley Lounge across the street. In addition, he said Best Brand had a number of large trucks which are stored on their property. Mr. Constable said that they have tried to screen their fencing and the suggestion that the area is not compatible with the neighborhood is incorrect. Page 9/EAGAN CITY COUNCIL MINUTES JJJ January 3, 1991 Mayor Egan said that the R.L. Johnson development had Indicated it would architecturally mirror- image the Comserv building. He said the application that had been presented was not in keeping with that proposal and had been the basis for one of the Advisory Planning Commission's concerns. Councilmember Gustafson said Mr. Constable had Indicated R. L Johnson Investment Company had thought their site plan with an 8 foot fence had been approved for construction as evidenced by approvals from the Building Inspections Department. Director of Community Development Runkle said plans such as those presented are reviewed for the building interior and not exterior storage. City Administrator Hedges added that the Building Inspections' stamp represents a review of the building plans only and not exterior fixtures such as fences. Assistant City Attorney Dougherty also pointed out that the City does not issue permits for fences, therefore, the signature on the plans could not relate to the fence. Councilmember Gustafson said he had additional concerns in regard to a healthy business climate in the City. He said it had been hinted that R. L Johnson's lease to the Army Reserve would be lost if the fenced area was not approved. He said among the reasons for APC denial was that other locations were available, however, another location did not appear to be possible considering the reasons given for that denial. Mayor Egan said it was the present location of the outside storage that was infringing upon the drive aisle and the parking lot thereby affecting safety. Johnson had already constructed required a variance, yet one had not been requested. In addition, Mayor Egan pointed out that the 8 foot fence R. L Johnson had already constructed required a variance, yet one had not been requested. Mr. Constable asked whether a 6 foot fence would be more acceptable at this location. Mayor Egan said the item before the Council was one for a conditional use permit for outside storage and not a variance to the 6 foot fence height requirement. Mr. Constable said his conditional use permit was changed because he had originally requested secured outdoor parking and not outside storage. Mayor Egan said he strongly encouraged the applicant to work with staff in an attempt to resolved the issue. Mayor Egan asked the Council wishes as to whether to continue the item in order for staff to work with the applicant or to deny this conditional use permit and have the applicant reapply at a more appropriate location. Councilmember Pawlenty said if there was not adequate ingress and egress to the site, the application was unacceptable, however, there may be other locations where the safety concerns could be addressed. McCrea moved, Wachter seconded a motion to deny a conditional use permit for R.L. Johnson Investment Co., Inc. to allow outdoor storage and a special permit for a fence in excess of 6 feet tall as presented and that the City Attorney be directed to prepare a Findings of Fact. Aye: 5 Nay: 0 JANUARY MEETING SCHEDULE The City Council discussed the upcoming meeting schedule for January. No formal action was required. DIRECTOR OF PUBLIC WORKS/JOINT POWERS AGREEMENT SNOW REMOVAL SERVICES WITH INVER GROVE HEIGHTS Gustafson moved, Wachter seconded a motion to approve the annual renewable Joint Powers Agreement for cooperative snow removal services with the City of Inver Grove Heights and the Mayor and City Clerk were authorized to execute all related documents. Aye: 5 Nay: 0 Page 10/EAGAN CITY COUNCIL MINUTES January 3, 1991 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated December 31, 1990 in the amount of $695,002.56, the checklist dated January 2, 1991 in the amount of $504,079.17, and the checklist dated January 3, 1991 in the amount of $292,228.50. Aye: 5 Nay: 0 ADJOURNMENT The January 3, 1991, regular City Council meeting adjourned at 8:20 p.m. KF CITY OF EAGAN % 'j\ .0.0,L- E. J. Overbeke, City Clerk