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02/04/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 4, 1992 A regular meeting of the Eagan City Council was held on Tuesday, February 4, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. .... ; . � . . ^ . t ............ � % . � .. : .. ?�.� ........................ McCrea moved, Wachter seconded, a motion to approve the agenda for the February 4, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve the minutes for the January 21, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 .................... ............................... A. Personnel Items Item 1. Resignation /Job Share Clerical Technician III /Maintenance Facility- -It was recommended that the resignation of Cheryl Kempe be accepted and replacement authorized. Item 2. Police Dispatcher /Job Share - -It was recommended that the addition of another person be approved as a part -time dispatcher (job share) to work the additional hours in dispatch as allocated by the 1992 budget. B. Resolution /Application for Minnesota Lawful Gambling Premises Permit, Eagan Lions Club at Cedarvale Lanes It was recommended that a resolution permitting the Eagan Lions Club to conduct pull-tab gambling at Cedarvale Lanes be approved. R -92.4 C. Resolution /Application for Minnesota Lawful Gambling Premises Permit, Eagan Lions Club at Valley Lounge It was recommended that a resolution permitting the Eagan Lions Club to conduct pull-tab gambling at Valley Lounge be approved. R -92.5 D. Exemption from Gambling License /American Leon Post 594 It was recommended that a resolution exempting American Legion Post 594 from the lawful gambling license requirements for raffle activity be approved. R -92.6 E. Ratification. Appointment of Erin Ipsen to the Advisory Parks. Recreation and Natural Resources Commission It was recommended that the appointment of Erin Ipsen to the Advisory Parks, Recreation and Natural Resources Commission be ratified for a term ending December 31, 1993. Page 2 /EAGAN CITY COUNCIL MINUTES February 4, 1992 F. Ag[eement. Joint Powers with Dakota County for 1992 Recycling Program Funding It was recommended that the 1992 Dakota County Recycling Program Joint Powers Agreement be approved. G. Project 622, Authorize Feasibility Report (Cedar Industrial Park - Overlay and Reconstruction It was recommended that the preparation of a feasibility report for Project 622 (Cedar Industrial Park - Overlay and Reconstruction) be authorized. H. Project 623, Authorize Feasibility Report (Johnny Cake Ridge Road - Overlay It was recommended that the preparation of a feasibility report for Project 623 (Johnny Cake Ridge Road - Overlay) be authorized. 0 Pawlenty moved, Egan seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: PROCLAMATION /OLYMPIC PRIDE DAY Wachter moved, Egan seconded, a motion to proclaim February 9, 1992, as Postal Employee Olympic Pride Day in the City of Eagan. Aye: 5 Nay: 0 PROJECT 630/WOODLANDS NORTH 2ND ADDITION Pawlenty moved, McCrea seconded, a motion to receive the petition and authorize the preparation of a feasibility report along with detailed plans and specifications for Project 630, Woodlands North 2nd Addition (Streets and Utilities). Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING Wachter moved, Awada seconded, a motion to approve a special City Council meeting work session on February 25, 1992, at 5:00 p.m. Aye: 5 Nay: 0 REASSESSMENT HEARING /PAUL & NANCIE BROOKS WILMUS ADDITION - LIFT STATION & STORM SEWER Mayor Egan introduced this item as a public hearing for Project 592, Notice of Reassessment for Paul and Nancie Brooks ( Wilmus Addition - Lift Station & Storm Sewer). Mr. Brooks was present. Pawlenty moved, McCrea seconded, a motion to approve a reassessment amount of $0 for Paul and Nancie Brooks for parcel #10- 03200 - 030 -01 for improvement of trunk storm sewer in the Wilmus Addition, Project 592. Page 3 /EAGAN CITY COUNCIL MINUTES February 4, 1992 I AP" DESIGN REVIEW COMMITTEE Mayor Egan introduced this item as the appointment ratification of members to the Design Review Committee. McCrea moved, Awada seconded, a motion to approve the following members to the Design Review Committee for the proposed ice arena /swimming pool project: Al Menning, Jim Runkel, Frank Potocnik, George Kubik, John Gorman, Gary Pietig, Sandy Smiler, Leroy Rother, Rick Anderson, and Councilmembers McCrea and Pawlenty. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT /NITTI DISPOSAL McCrea moved, Awada seconded, a motion to continue to the February 18, 1992, regular City Council meeting, consideration of a conditional use permit for Nitti Disposal to allow outdoor storage in a LI (Light Industrial) district. Aye: 5 Nay: 0 E -Z STOP /PRELIMINARY PLAT Mayor Egan introduced this item as a preliminary plat for E -Z Stop Addition /Crown Coco, Inc., consisting of one, approximately .74 Acre GB (General Business) Zoned Lot Located at the Northwest Intersection of Diffley Road and Nicols Road in the SW 1/4 of Section 19. Community Development Director Runkle explained that the application before the City Council was the original proposal for the E -Z Stop Addition. He said that the applicant had decided not to pursue a revised plan that had been approved by the City Council at their December 17, 1991, meeting. Mr. Runkle then brought two issues to the Council's attention: 1) the plat does not show right -of -way dedication by the County on Diffley Road and if the right -of -way comes into play, a variance will be required and 2) a new City ordinance permits an application for a conditional use permit for outside storage. Noting the second issue, Mr. Runkle suggested that, if approved, Condition 4 be changed to read, 'No outside display, or storage, shall be allowed without a conditional use permit In answer to a question from the City Council, Dave Miller of Crown Coco, said their decision not to pursue the more expansive plan was related to their inability to get a commitment from the City for an additional pylon sign. Wachter moved, Pawlenty seconded, a motion to approve a preliminary plat application for E -Z Stop of Eagan Addition, consisting of one .74 acre lot at the northwest intersection of Diffley and Nicols Roads and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, Bl, C2, El, Gl 2. Landscaping, as shown on the revised preliminary plat plan, and underground irrigation of these areas are required. 3. An overall sign plan shall be reviewed and approved by staff prior to final platting. Page 4 /EAGAN CITY COUNCIL MINUTES February 4, 1992 4. No outside display, or storage, shall be allowed without a conditional use permit. 5. No rooftop mechanical equipment shall be visible from the street. 6. No outdoor loudspeaker advertising shall be allowed. 7. Trash and recycling containers shall be stored in an enclosure attached to the main building and constructed of similar materials. 8. The parking lot for this site shall be upgraded to current City requirements. 9. A grading, drainage and erosion control plan shall be prepared and the drainage from the site shall be conveyed to the City's storm sewer. 10. A variance to allow the drive isle on the south and west side a minimum setback of 5' instead of the required 20'. Aye: 5 Nay: 0 PRELIMINARY PLAT /STRYKER ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for the Stryker Addition, located along Beau de Rue Drive and Rahn Road in the NE 1/4 of Section 19. City Administrator Hedges said consideration of an extension for the Stryker Addition preliminary plat had been continued at the January 21, 1992, regular City Council meeting in order to address certain financial questions that had arisen. He said the item was now in order to proceed. Wachter moved, Awada seconded, a motion to approve the extension of the preliminary plat for the Stryker Addition, located at the intersection of Beau De Rue Drive and Rahn Road as presented. Bryce Huemoeller asked for confirmation that the financial charges in question had been waived and City Attorney Sheldon said the plat would proceed without those financial provisions. Aye: 5 Nay: 0 MINNESOTA PUBLIC LOBBY LAWSUIT RECOMMENDATION Mayor Egan introduced this item as consideration of a recommendation from the City of Eagan's Airport Relations Committee regarding the Minnesota Public Lobby lawsuit. City Administrator Hedges said the the Minnesota Public Lobby had asked for the City's support of their lawsuit which seeks to force the Metropolitan Airports Committee into compliance with the Minnesota Pollution Control Agency's standards for noise. In addition, a number of letters had been received from residents urging the City Council's support of the lawsuit. Mark Anderson, of Minnesota Public Lobby, said his organization was seeking financial support from the City and if the City Council determined they could not do so, he asked for a continuance of 30 days so that the Airport Relations Committee's recommendation could be reviewed and answered. Mr. Anderson said it was noise pollution that was at issue and said they would appreciate the opportunity to respond in writing to the ARC recommendation before the Council voted. J i ^ I'e Page 5 /EAGAN CITY COUNCIL MINUTES February 4, 1992 Mr. Thomas H. Goodman, an attorney for the Minnesota Public Lobby, explained the basis for the lawsuit and then responded to each of the points raised by the ARC and outlined in Assistant to the City Administrator Hohenstein's memorandum. Mr. Goodman closed by saying that even if the City Council did not wish the City to be a co- plaintiff, perhaps they would consider financially supporting the effort. He said this support could be conditioned any way the City Council wished. The City Council noted budgetary constraints especially as they relate to unbudgeted expenditures and Councilmember Pawlenty asked Mr. Goodman what MPL wanted at the conclusion of the litigation and what they want the Court to do. Mr. Goodman said it would require the MAC to come into court with a plan as to what they were going to do to bring airport operations within standards. He said what could be done would fall to the MAC to answer but many things could be done such as, slightly altered glide paths, stricter restrictions on Stage II aircraft, buying or insulating certain homes, moving runways, or charging more for noisy airplanes. He said they were only looking for a way of relieving the noise pollution and the suggestions may not have any merit. Councilmember Pawlenty noted that the MPL was asking for a $1 per capita (or approximately $50,000) donation from the City to help fund the lawsuit with the possibility that it could cost more. He then asked Mr. Goodman what MPL's total budget for the lawsuit was from all sources. Mr. Goodman indicated that it was almost impossible to estimate; however, a serious effort would probably cost less than $1 million but could be 100's of 1,000's of dollars." Mayor Egan expressed reservations about remedies proposed which may put some cities in conflict with others. He cited the example of the City of Mendota Heights which has already formed a non - profit organization to raise funds to force the MAC to implement changes to the existing corridor. Mr. Goodman said that MPL recognizes those differences and their lawsuit only attempts to control the noise problem. Assistant to the City Administrator Hohenstein said that the ARC had technical as well as liability concerns about joining the MPL lawsuit. He said they had recommended correspondence as a method of supporting the intent of the suit but were concerned that compliance by the MAC would mean moving the airport and the City has not yet made that decision. After further discussion, Wachter moved, Awada seconded, a motion to approve a recommendation by the City's Airport Relations Committee to forward correspondence and support to the Minnesota Public Lobby lawsuit against the Metropolitan Airports Committee and that the City not provide financial support or participate in the lawsuit as a co- plaintiff. Aye: 5 Nay: 0 REVIEW PRELIMINARY PLANS /DIFFLEY ROAD RECONSTRUCTION Mayor Egan introduced this item as a review of the preliminary plans for the Diffley Road reconstruction. City Administrator Hedges said that the Dakota County Highway Department had requested an opportunity to present the preliminary plans for the reconstruction of Diffley Road from one -half mile east of Pilot Knob Road to Trunk Highway 3. D of Public Works Colbert introduced Dave Everds, Dave Zeck and Pete Sorenson, from the Dakota County Highway Department, and then provided the detailed proposal to date. He explained the purpose of this presentation as an introduction to the project not a public hearing. Dave Everds then presented a detailed review of the Diffley Road project including an alternate that includes construction of a retaining wall adjacent to the Caponi property. Mr. Everds explained that the retaining wall is not necessary to the project, however, if the City and Mr. Caponi desire such a wall, it will be at the expense of the City. When Council expressed concerns about the costs of such an amenity, Mr. Everds suggested that it not be included with the initial planning of the project but said it could always be added later. Councilmember Pawlenty asked that staff provide Council with an update with regard to the Caponi property and especially what the financial relationship is intended to be between the City and the Caponi Art Park. Director of Public Works Colbert also noted that plans for a pedestrian underpass at Braddock Trail had been Page 6 /EAGAN CITY COUNCIL MINUTES February 4, 1992 discussed but Independent School District #196 had concerns about the safety of an underpass and did not feel the costs could be justified. The Council agreed that with budget constraints as they are, the City would be hard - pressed to support such expenditures. Wachter moved, McCrea seconded, a motion to approve with modification the preliminary design for the upgrading of Diffley Road from one -half mile east of Pilot Knob Road to Trunk Highway 3. Aye: 5 Nay: 0 WAIVER OF PLAT/VIENNA WOODS Mayor Egan introduced this item as a Waiver of Plat, Scherer Brothers Financial, for a Duplex Lot Split for Lot 6, Block 6, Vienna Woods, Located in the NE 1/4 of Section 31. Pawlenty moved, Awada seconded, a motion to approve a waiver of plat for Scherer Brothers Financial for a waiver of plat for a duplex tot split for Lot 6, Block 6, Vienna Woods, and subject to all applicable City Code requirements. Aye: 5 Nay: 0 R -92.7 TEMPORARY ADVERTISING SIGN PERMIT ROBERT ENGSTROM COMPANIES Mayor Egan introduced this item as a special permit for Robert Engstrom Companies, to Allow Two Temporary Advertising Signs in Excess of 7', Lots 1 and 12, Block 1, Knob Hill Professional Park, Located in the SE 1/4 of Section 21. McCrea moved, Wachter seconded, a motion to approve a special permit for Robert Engstrom Companies to allow two temporary advertising signs for a period of two years from the date of approval and subject to the following City Code requirements: 1. The signs shall be placed a minimum of 10' from the property lines. 2. The special use permit is temporary and shall expire two years from the the date of approval. 3. Both signs shall be subject to the one -time sign fee of $2.50 /s.f. Aye: 5 Nay: 0 AMENDMENT OF PLAT CONDITIONS /AUTUMN RIDGE 2ND ADDITION Mayor Egan introduced this item as a request by Autumn Ridge 2nd Addition /James Development Company, to change a condition of plat approval to add 20 additional lots, located east of Dodd Road, south of Diffley Road in the NE 1/4 of Section 25. Director of Community Development Runkle said a condition of plat approval for the Autumn Ridge Addition had been that construction of phase two of the project not proceed without a second access to the development. He said the additional 20 lots being proposed for phase two could be serviced by existing utilities; however, the second access issue was yet to be resolved. Mark Bolke, 637 Hackmore Drive, said he was not against the development but because of the heavy traffic in the area and the proximity to Pinewood Elementary School, he asked that no further development be permitted without a second access. I _� � , � Aw 1 VJ Page 7 /EAGAN CITY COUNCIL MINUTES February 4, 1992 Jim Ostenson, the developer of Autumn Ridge, said the problem with a second access has been that the property owner is not interested in selling. He said he had no doubt that eventually a connection would be made; however, the owner is not ready to do that. Mr. Ostenson said unless and until one of the surrounding property owners agrees to accommodate a second access, there is nothing they can do. He said that is why they had only proposed developing 20 lots of the second phase. Discussion then ensued regarding other possibilities for a second access. Access through the church property to the south was mentioned; however, David Lahr of the church's building committee, said they had just started the planning process and were not in a position to make any decisions on design at this time. McCrea moved, Awada seconded, a motion to continue to the February 18, 1992, regular City Council meeting a request by James Development Company to change a condition of plat of the Autumn Ridge Addition to permit the development of 20 lots of the Autumn Ridge 2nd Addition. Aye: 5 Nay: 0 REZONING /PRELIMINARY PLAT/WESTON HILLS ADDITION Mayor Egan introduced this item as a rezoning for the Weston Hills Addition /Lyman Development, of approximately 64 acres from Agricultural (AG) to an R -1 (Single Family) District and a preliminary plat consisting of 132 lots located east of Highway 3, south of Cliff Road in the E 1/2 of Sec 36. City Administrator Hedges pointed out that the rezoning had received a 4-3 vote before the Advisory Planning Commission and the preliminary plat defeated on a 3 -4 vote. Director of Community Development Runkle described the application and its location. Mike Gare, a representative of Lyman Lumber, then presented the Weston Hills application. Glen VanWormer, traffic engineer for Short - Elliott- Hendrickson, said 1300 trips per day are anticipated for the development, which is not a large number for a residential area. He went on to add that the intersection of Trunk Highway 3 and Cliff Road is projected for improvement in 1995. A discussion of a second access to the project followed with reference to the farm road at the southern boundary of the property. Access from the west is limited due to the State highway as well as the Soo Line Railroad right of way. Bill Loomis, 4782 South Robert Trail, asked that the pond on the property be kept at its present level. He also discussed the number of accidents that have occurred at the intersection of T.H. 3 and Cliff Road. He suggested the City wait and see what development plans are anticipated by Inver Grove Heights and Rosemount before proceeding but added if the property must develop now it should be large 2 1/2+ acre homesites. Debbie Finch, 4790 South Robert Trail, indicated her opposition . to the development as currently proposed. She said she was concerned about safety as well as what provision had been made for parkland to serve the area. Mike Frattalone, 4784 South Robert Trail, asked what would prevent the unauthorized use of the farm road, which is a privately owned and maintained road. He also expressed concern that the development would bring trunk area storm sewer assessments to him and his neighbors. Warren Krech, Inver Grove Heights, asked that the development be compatible with the large, adjacent homesites. He said lot sizes of 30,000 square feet would be more appropriate for the transition. Mr. Krech said it would help development in Inver Grove Heights if the developer brought a more acceptable plan. Councilmember McCrea said she did not see a problem with the density if the project was done well. She was concerned, however, with the safety issue and said she would like to see a study of the second access. In answer to an additional question, Director of Community Development Runkle said the Parks Commission was looking to the southeast for parkland as the Comprehensive Parks Plan did not specify a park for this area. r r r".t-y.. Jk _'� :r Page 8 /EAGAN CITY COUNCIL MINUTES February 4, 1992 Gene Finch, 4790 South Robert Trail, expressed his dissatisfaction with the process but Mayor Egan pointed out that the City has a number of zoning categories and the property owners have certain property rights. He said if the issues can be resolved, the City would find it difficult to deny the developer's application. Mr. Mullin, Inver Grove Heights, also spoke about his concerns regarding the traffic and safety. He said the development was too dense for too small an area. McCrea moved, Wachter seconded, a motion to continue to the March 2, 1992, regular City Council meeting the rezoning and preliminary plat for Lyman Development Company for additional study of the issues o£ 1) a second access to the development, 2) parkland area, and 3) traffic. Councilmember Pawlenty suggested that if the developer does not find a second access feasible that they look to the possibility of lowering the density. Councilmember McCrea also asked that the traffic study include the possibility of installing a semifore at the intersection of T.H. 3 and Cliff Road prior to the 1995 construction season and whether the city of Inver Grove Heights would be willing to participate in the cost of installation. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated February 3, 1992, in the amount of $95,591.28 and the checklist dated February 4, 1992, in the amount of $376,264.89. Aye: 5 Nay. 0 EXECUTIVE SESSION The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 11:35 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Sheldon. The executive session was adjourned at approximately 12 :00 a.m. RAHN ROAD ASSESSMENT APPEAL Mayor Egan reconvened the meeting to consider a recommendation by the City Attorney to not proceed with any further appeal of the Rahn Road assessments referred to as Project 584. McCrea moved, Awada seconded, a motion not to proceed further with the Rahn Road assessment appeal. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 12:15 a.m. CITY OF EAGAN q Overbeke an lerk KF