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08/04/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota August 4,1992 A regular meeting of the Eagan City Council was held on Tuesday, August 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. IN Pawlenty moved, Awada seconded, a motion to approve the agenda for the August 4, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 In regard to the minutes of a regular meeting of the Eagan City Council on July 21, 1992, Councilmember Pawlenty recommended that a heading be placed before Paragraph 4 on Page 3 to indicate the item concerns Rahn Road. In addition, Councilmember McCrea recommended the following correction: Page 9, Paragraph 5, Sentence 2, replace the word, "option," with the word, "alternate." Wachter moved, McCrea seconded, a motion to approve the minutes of the regular meeting of July 21, 1992, as amended. Aye: 5 Nay: 0 Licensing At this time, the City Council took the opportunity to ask a number of questions of the Department Heads. In answer to a licensing question from Councilmember McCrea, Chief of Police Geagan said that an establishment employing a masseuse would pay an establishment fee, an initial investigation fee for each masseuse, as well as a yearly renewal fee. A question was then asked about the licensing of store managers where beer is sold. A concern was expressed about a store such as Cub Foods that rotates its managers having to pay a license fee each time they change managers. Chief Geagan noted, however, that there are investigation costs to the City with each change. Hunting Permits Discussion then took place in regard to hunting permits in the City. Chief of Police Geagan said he had suggested that hunting permits be limited to geese and deer using only bow and arrow. When asked by Councilmember Awada as to his reasons, Chief Geagan cited concerns about the safety of using firearms in the City. Councilmember Wachter noted that the only reason he votes in favor of the special hunting permits is because of the number of car accidents involving deer. He also pointed out that any violations of the ordinance would result in the termination of this priviledge for everyone. 0 3 Page 2 /EAGAN CITY COUNCIL MINUTES August 4, 1992 Before discussion of the Consent Agenda, Director of Public Works Colbert asked that Item K, Contract 92 -09, Receive Bids /Award Contract (Great Oaks & Woodlands North 2nd Addition - Streets & Utilities) and Item L, Contract 92 -10, Receive Bids /Award Contract (Weston Hills - Trunk Utilities) be continued to the August 18, 1992, regular City Council meeting. A. Personnel Items Item 1. Clerical Technician III /Parks and Recreation Department - -It was recommended that the hiring of Deanna Jorgenson as a Clerical Technician III in the Parks and Recreation Department be approved contingent upon successful completion of the City physical examination requirement. Item 2. Americans with Disabilities Act/Transition Plan It was recommended that the ADA transition plan be approved as presented. Item 3. OSHA Bloodborne Pathogens Rule /Exposure Control Plan It was recommended that the exposure control plan for bloodbome pathogens be approved as presented. B. License. Pet Shop. Wal -Mart It was recommended that the pet shop license for the sale of fish at the Wal -Mart Store be approved as presented. C. Approve Transfer of Ownership. Cable TV North Central It was recommended that the transfer of ownership for Cable TV North Central be approved as presented. R-92.07 D. Receive Plans and Specifications /Authorize Advertisement for Bids. Eagan City Hall Council Chambers Alterations It was recommended that the plans and specifications be received and advertisement for bids for the Eagan City Hall Council Chamber alterations authorized with a bid opening to be held at 11:00 a.m. on August 24, 1992. E. Receive Plans and Specifications /Authorize Advertisement for Bids. Eagan City Hall Council Chambers Media Equipment and Installation It was recommended that the plans and specifications be received and advertisement for bids for the Eagan City Hall Council Chambers media eqiupment and installation authorized with a bid opening to be held at 11:00 a.m. on August 24, 1992. F. 1992 Budget Adjustments It was recommended that the adjustments to the 1992 General Fund and Recycling Fund budgets be approved. OC — 1 313 - Page 3 /EAGAN CITY COUNCIL MINUTES August 4, 1992 G. Approve Official Sale Recommendations for Bond Sales It was recommended that the sale recommendations for the General Obligation Improvement Refunding Bonds, Series 1992A; the General Obligation Improvement Bonds, Series 1992B; and the General Obligation Equipment Certificates of Indebtedness, Series 1992C be approved as presented. H. Final Plat, E -Z Stop ocean It was recommended that the final plat for E -Z Stop of Eagan be approved and the Mayor and City Clerk authorized to execute all related documents. R -92.68 I. Ratification. James Bombardo. Conditional Use Permit Denial Resolution It was recommended that the denial resolution regarding the James Bombardo Conditional Use Permit be ratified. R -92.69 J. Declare Surplus Properly, Authorize Sale of Storage Shed at Recycling Site It was recommended that the storage shed at the recycling site be declared surplus property and its sale authorized to Mr. Richard Pecar for $100. K. Contract 92 -09. Receive Bids /Award Contract (Great Oaks & Woodlands North 2nd Addition - Streets & Utilitiesl It was recommended that the bids be received and that consideration of awarding Contract 92 -09 (Great Oaks & Woodlands North 2nd Addition - Streets & Utilities) be continued to August 18, 1992. L. Contract 92 -10. Receive Bids /Award Contract (Weston Hills - Trunk Utilities) It was recommended that the bids be received and that Contract 92 -10 (Weston Hills - Trunk Utilities) be continued to August 18, 1992. M. Project 621. Receive Final Assessment Roll/Order Public Hearing (Manor Lake 4th Addition) It was recommended that the final assessment roll for Project 621 (Manor Lake 4th Addition - Streets & Utilities) be received and a public hearing scheduled to be held September 1, 1992. N. Contract 92 -07. Approve Change Order #1 (Sealcoating) It was recommended that Change Order #1 to Contract 92 -07 (Sealcoating) be approved and the Mayor and City Clerk authorized to execute all related documents. O. Stipulation of Settlement. Francis Franz Assessment Appeal It was recommended that a resolution adopting the stipulation of settlement for the Francis Franz appeal be approved. R -92.70 Pawlenty moved, Wachter seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Page 4 /EAGAN CITY COUNCIL MINUTES August 4, 1992 WASTE MANAGEMENT /GRANT AGREEMENT Mayor Egan introduced this item as Waste Management, City of Eagan Grant Agreement. McCrea moved, Pawlenty seconded, a motion to authorize execution of the resolution authorizing one or more individuals as the authorized agents under the waste education grant agreement with the Minnesota Office of Waste Management. Aye: 5 Nay: 0 R -92.71 • • s s • Pawlenty moved, McCrea seconded, a motion to approve a special City Council meeting for 5:00 p.m. on September 1, 1992, and a special City Council meeting for 5:30 p.m. on September 10, 1992, with the primary purpose being the 1993 Budget. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (SADDLEHORN ADDITION) Mayor Egan introduced this item as Project 619, Final Assessment Hearing, Saddlehorn Addition - Streetlights. It should be noted that the final costs were less than estimated for the project and no one came forward to address the issue. McCrea moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment roll for Project 619 ( Saddlehorn Addition - Streetlights) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 LAKEVIEW TRAIL ADDITION - STREETS & UTILITIES Mayor Egan introduced this item as Project 635, Lakeview Trail Addition - Streets & Utilities. Director of Public Works Colbert said a feasibility report had been prepared in response to a petition from the developer of the Lakeview Trail Addition. Mr. Colbert said whenever a petition for improvements is received, City staff reviews the comprehensive plan for other area improvements that may be warranted. He said that in reviewing the comprehensive plan, it was determined that it would be appropriate to extend the trunk water main along Dodd Road south of Cliff Road to the Lakeview Trail Addition and it was this proposed extension of the water main that had prompted concerns by adjacent property owners. Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates, described the project and the proposed improvements and then outlined the assessment area and the estimated corresponding assessments. The Mayor then opening the public hearing for public comment. Richard Buchan, 4695 Dodd Road, said he had attended the July 16 neighborhood meeting and then met with the other residents at the end of that meeting. Mr. Buchan said the neighbors found they had common Oc Page 5 /EAGAN CITY COUNCIL MINUTES August 4, 1992 concerns and then he read a letter prepared and signed by the 11 residents on Dodd Road who are proposed to be assessed for trunk water main improvements (Exhibit A). Bill Kuhlmeyer, 4635 Dodd Road, believed he and his neighbors to be unduly penalized because the trunk water main would provide no benefit to their properties. Stuart Weierke, 4675 Dodd Road, said there was no room for the trunk water main on the east side of Dodd Road because of the number of other lines - -gas and fiber optic - -that are already in place. He asked who would pay the extra costs of repairing the blacktop if that became necessary. Director of Public Works Colbert pointed out that once detailed plans are prepared and there is a need to relocate the water line, the costs would come from the water main trunk fund. In addition, any restoration to Dodd Road would be born by that fund. Mr. Weierke then asked whether the road would be tom up again when sanitary sewer is put in. Mr. Colbert said the City has no plans to install sanitary sewer in that area unless there is a problem with septic system failure or it was requested by further development by the property owners, otherwise the improvement would not be initiated by the City. In answer to a question from Councilmember McCrea, Director of Public Works Colbert indicated there would be no major cost savings if water and sanitary sewer were installed at the same time. A question arose as to whether the installation of a water main would result in insurance savings. Mr. Buchan said he had called his insurance agent and the agent had indicated the location of the fire station was the main point not the placement of a fire hydrant so there would be no change in insurance premiums. Director of Public Works Colbert said the main benefit of the water main is a safe, dependable, water supply. He added that connection to City water could be immediately after installation or at a later date. He said that if the connection is made now, the costs of bringing water to the property could be included with the assessments and payment spread over a number of years. However, if the property owners wait, any costs such as jacking under the road or surface restoration will be in addition to the connection charges. Mr. Colbert then explained the importance of completing the water main loop. As it stands now, there is only one feed for water service in the Manor Lake /Lakeview Trails/Weston Hills areas and a water main break could disrupt service to 700+ homes. The City would prefer two feeds to mitigate any interruption of service. Discussion then turned to the assessments and Councilmember Pawlenty asked if it would be feasible for the City to do additional analysis as to whether the assessments could be sustained. Director of Public Works Colbert said that because of the costs involved, he would prefer to pick representative properties for the appraisals. It was generally agreed that looping of the water main is necessary and cancelling a half million dollar project because of $36,000 in assessments did not seem appropriate. It was then suggested that the homeowners pay a portion of their assessments with the remainder being carried by the City until such time as they sell or develop their properties. Mayor Egan advised, however, that if an agreement was to be worked out, it would require unanimity among the property owners. Councilmember Pawlenty reminded the audience that the City Council was not authorizing the assessment roll but only considering approval of the project. He said, however, there would be an opportunity to reach a compromise between now and the final assessment hearing with direction from the City Council as to the methodology. Mayor Egan added that it was important to separate the two issues: the feasibility of the project and how to finance it. After further discussion, McCrea moved, Awada seconded, a motion to close the public hearing and approve Project 635 (Lakeview Trails Addition - Streets & Utilities) and authorize the preparation of detailed plans and specifications provided that every signator on Exhibit A is noted as objecting to the assessments and 0' 1 33 Page 6 /EAGAN CITY COUNCIL MINUTES August 4, 1992 that Staff continue to work with the property owners exploring all alternatives in order to reach an agreement for Council's consideration. Aye: 5 Nay: 0 The property owners then asked that a deadline for the agreement be set by the Council. After some discussion, it was determined that an agreement will be returned to the Council for their consideration at the October 8, 1992, regular City Council meeting. HUNTING PERMIT ISSUANCE Mayor Egan introduced this item as the issuance of hunting permits in the City of Eagan. He explained that the topic had been explored earlier in the meeting to permit discussion with the Chief of Police and that Jon Parker of the Minnesota Department of Natural Resources was now present to answer questions. Mr. Parker distributed information for the Council regarding deer populations and the results of the last deer survey. In answer to a question, Mr. Parker said there was no evidence that the City's present hunting policy presented any problems and said he would not recommend that it be made more restrictive. The Council generally agreed that the present policy remain in effect; however, some reservations were expressed regarding the use of firearms in the City and will continue to be handled on a case by case basis. HUNTING PERMITS Mayor Egan introduced this item as hunting permit applications. Pawlenty moved, Awada seconded, a motion to approve applications for Larry Becker, Shawn Becker, Richard Maurer, Rebecca Maurer and Fran Rudolph for bow hunting of deer at locations referenced on their applications. Aye: 5 Nay: 0 PICCOLO'S ON -SALE BEER LICENSE Mayor Egan introduced this item as a license for on -sale, non - intoxicating beer for Piccolo's/Wallace J. Boudreau, 4162 Pilot Knob Road. McCrea moved, Awada seconded, a motion to approve an on -sale, non - intoxicating beer license for Piccolo's Pizza located at 4162 Pilot Knob Road in Hilltop Shopping Center. Aye: 4 Nay 1 ( Pawlenty) VARIANCES /RICHARD SKINN / HALLEY 'S 1ST ADDITION Mayor Egan introduced this item as a variance for Richard Skinn, of 20' to the rear yard setback requirement and a variance of 50' to the required 100' setback from property zoned agricultural; a variance of T to the required 20' side yard setback; and a variance to the curb and gutter and paving requirements for Lot 1, Block 2, Halley's 1st Addition, located in the SE 1/4 of Section 36. Director of Community Development Runkle explained the application and its location. Mr. Runkle noted that the property is "Comp Guided" as single - family, however, is presently zoned LI (Light Industrial). Richard Skinn, the applicant, said his business is expanding thus necessitating a larger building. He said he had done some landscaping to screen the building but added that he would not need the variances if he could avoid putting in a drain field. When asked whether he had talked to his neighbors about his plans, Mr. Skinn ©v. JJ Page 7 /EAGAN CITY COUNCIL MINUTES August 4, 1992 said his only neighbor is Earl Marotzke and Mr. Marotzke had no objections. Mr. Marotzke was present and indicated his agreement. Mayor Egan told Mr. Skinn that he understood Mr. Skin's request for setback variances, but asked why he wished a variance from the curb, gutter and paving requirements. Mr. Skinn said the remainder of the area is gravel and said he would be happy to pave the parking lot and put in curb and gutter when the rest of his neighbors did. City Administrator Hedges indicated that staff had discussed the conflict between the Comprehensive Guide Plan and the zoning of the property and it was their opinion that either the area should develop as an industrial park or remain as a "holding" zoning, however, if it was to be an industrial park, it should have paving, curb and gutter installed. Councilmember McCrea asked Mr. Skin how long he'd owned the property and he indicated 4 months. She asked if he had purchased the property contingent on being able to construct this building on the property and he said he had not. After further discussion, Mayor Egan said he could find no hardship to justify these variances. Councilmember Pawlenty said he would presume that when Mr. Skinn bought the property he realized what the setbacks were and asked what had changed in the past 120 days. Mr. Skin said the property was advertised as a one -acre lot but he now realizes it is smaller than he anticipated. Councilmember Pawlenty summarized the issues but indicated the real question is what the City wants the property to become. Councilmember McCrea said that as it stands today, the applicant could build a pole barn on the property without a variance. She suggested that rather than deny the application, a continuance be granted so that Council could walk the property. Pawlenty moved, McCrea seconded, a motion to continue to the August 18, 1992, regular City Council meeting a variance for Richard Skinn, of 20' to the rear yard setback requirement and a variance of 50' to the required 100' setback from property zoned agricultural; a variance of T to the required 20' side yard setback; and a variance to the curb and gutter and paving requirements for Lot 1, Block 2, Halley's 1st Addition, located in the SE 1/4 of Section 36. Aye: 5 Nay: 0 SPECIAL USE PERMIT /STEININGER CONSTRUCTION Mayor Egan introduced this item as a special use permit for Steininger Construction, to allow continued concrete recycling in a Light Industrial (LI) zoning district on a portion of Parcel 10-01300 -012 -26, located in the NW 1/4 of Section 13. Director of Community Development Runkle said that a special use permit had been granted to the applicant subject to annual review. He said no negative comments had been received from the surrounding properties. Councilmember Wachter asked several questions about the removal of gravel from the property. The applicant said they were removing gravel from the Gopher Smelting property and Steve Bryant of West Publishing said they were removing gravel from their property as well. Mr. Bryant went on to say that the applicant was doing a fine job and West Publishing had no objections to the renewal of their application. Pawlenty moved, Wachter seconded, a motion to approve a special use permit for Steininger Construction to allow continued concrete recycling in a light industrial zoning district on a portion of parcel 10- 01300- 012 -26 and subject to the following conditions: 1. Dust control procedures shall be utilized. 2. Hours of operation shall be limited to 7:00 a.m. - 7:00 p.m., Monday through Saturday. Page 8 /EAGAN CITY COUNCIL MINUTES August 4, 1992 3. The operation shall be subject to an annual review. If renewal is denied, the applicant will be provided with a six-month notice for termination. Aye: 5 Nay: 0 GRADING/EXCAVATION PERMIT/WEST PUBLISHING Mayor Egan introduced this item as a Grading /Excavation Permit for West Publishing, for approximately 12 acres on Lot 1, West Publishing 2nd Addition, and Lot 1, Block 1, Lembke 1st Addition, located along the north side of Wescott Road in the SE 1/4 of Section 13. City Administrator Hedges said the application had been reviewed by the Advisory Planning Commission at their July 28 meeting and they had recommended approval subject to two conditions. In answer to a question from Councilmember Pawlenty, Steve Bryant of West Publishing said an inventory of trees would be performed and those trees that can be moved will be. McCrea moved, Wachter seconded, a motion to approve a grading permit for West Publishing for approximately 12 acres on Lot 1, West Publishing 2nd Addition, and Lot 1, Block 1, Lembke 1st Addition, located on the north side of Wescott Road and subject to the following conditions: 1. All current driveways along Wescott Road, except for the existing fire lane access, shall be removed and the curb cuts shall be replaced with straight curb. 2. The existing wells and septic systems shall be abandoned in accordance with City and County requirements. Aye: 5 Nay: 0 PRELIMINARY PLAT /BUR OAK HILLS 3RD ADDITION Mayor Egan introduced this item as a preliminary plat for Bur Oak Hills 3rd Addition /Shamrock Development, consisting of two lots on approximately 2.6 previously zoned R -1 (Single Family) acres located along Rolling Hills Drive in the NE 1/4 of Section 12. City Administrator Hedges said the application had been reviewed by the Advisory Planning Commission at their July 28 meeting and they had recommended approval. After brief discussion, Pawlenty moved, Wachter seconded, a motion to approve the preliminary plat for Bur Oak Hills 3rd Addition /Shamrock Development, consisting of two lots on approximately 2.6 previously zoned R -1 (Single- Family) acres located on Rolling Hills Drive 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, B3, Cl, C2, C5, Dl, El, Fl, G1, and Hl 2. A snow fence shall be erected to denote the areas of trees to be saved. 3. Sanitary sewer and water services will need to be provided to the proposed lots and this will require the rremoval and replacement of the cul -de -sac. 4. The existing 6 "X6" water main tee in Rolling Hills Drive that is plugged on the north side of the tee shall be removed and replaced with a 6 ", 90 bend. ®1. ,- ..:: ,V ki Page 9 /EAGAN CITY COUNCIL MINUTES August 4, 1992 5. The final plat shall provide a 20' wide easement along the common lot line in between Lots 1 and 2 to provide for the storm sewer run -off from the cul -de -sac to Highway 55. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /PRELIMINARY PLAT WILSON ADDITION Mayor Egan introduced this item as a preliminary plat for the Wilson Addition/Mary Ann Wilson, consisting of four lots on approximately 4.6 previously - zoned, R-1 (Single Family) acres located along the west side of Blackhawk Road in the East 1/2 of Section 17. City Administrator Hedges said the application had been reviewed by the Advisory Planning Commission at their July 28 meeting and they had recommended approval. Director of Community Development Runkle described the application and its location. Mary Ann Wilson, the applicant read a letter of objection to Condition #8 of the preliminary plat approval. In answer to a question, Director of Public Works Colbert said the condition is one that has been imposed in the past with assessments being prepaid or paid without ohjection at the time of assessment. Some members of the Council indicated they were uncomfortable with the condition and indicated they would not support it. McCrea moved, Awada seconded, a motion to approve a comprehensive guide plan amendment for the Wilson Addition /Mary Ann Wilson of approximately 4.6 D -III (Mixed Residential) Acres to D -I (Single - Family). Aye: 5 Nay: 0 McCrea moved, Awada seconded, a motion to approve a preliminary plat consisting of four lots on previously zoned R -1 (Single Family) property located along the west side of Blackhawk Road and subject to all conditions except Condition #8: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, Bl, B2, B3, Cl, C2, Dl, El, Fl, GI, and Hl 2. Tree protection during site grading shall include enclosing trees to be saved with snow fencing or other suitable material. 3. A 40' half right -of -way shall be dedicated for Blackhawk Road. 4. Individual driveway trunarounds hall be consturcted for each of the three newly created lots. 5. All required permanent and temporary construction easements for the sanitary sewer shall be dedicated on the plat or acquired by deed conveyance prior to final plat approval. 6. The driveway connections at Blackhawk Road will require culverts to convey the drainage along the ditch system of Blackhawk Road. 7. This development shall extend sanitary sewer to all four lots. Page 10 /EAGAN CITY COUNCIL MINUTES August 4, 1992 Aye: 4 Nay: 1 (Wachter) Director of Public Works Colbert asked whether the "waiver of hearing /objection" condition should be required for similar developments in the future and Councilmember Awada indicated that it should be included and the Council would decide whether or not it was appropriate on a case by case basis. R -92.72 CONDITIONAL USE PERMIT /OUTDOOR STORAGE TOM THUMB/YANKEE SQUARE Mayor Egan introduced this item as a conditional use permit for Tom Thumb, to allow outdoor storage in a commercial zoning district on Lot 1, Block 1, Bicentennial 1st Addition, located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16. City Administrator Hedges said the application had been reviewed by the Advisory Planning Commission at their July 28 meeting and they had recommended denial. Mr. Hedges said that Item G of New Business was also a request for outside storage by Tom Thumb but at a different location. He recommended that discussion involve both applications but that action be taken separately. Director of Community Development Runkle provided background on the item and indicated that the Advisory Planning Commission had had difficulty interpreting the ordinance. Tim Wonzel, representing Tom Thumb, said that since he had been involved in drafting the outside storage ordinance, he believed their application was in compliance. He then addressed each objection the APC cited in denying the application. Director of Community Development Runkle said his interpretation of the ordinance was the same as Mr. Wonzel's. Mayor Egan agreed that obviously some confusion about the interpretation of the ordinance still existed. Councilmember Pawlenty asked Mr. Wonzel whether he believed 2x4's were a suitable enclosure next to a brick building. Mr. Wonzel said that a brick enclosure would be too difficult to work with and that an enclosure of either wood or metal could be constructed to be aesthetically pleasing. Councilmember Pawlenty said it appeared that stores were using outside storage as additional retail space. After much discussion on the appropriateness of various materials for the enclosure and what could conceivably be appropriate for outside storage, it was recommended that perhaps the decision should be one of health, safety and welfare. Councilmember McCrea suggested that perhaps exceptions to the restrictions on outside storage could occur when the product in question (i.e., propane or firewood) affected health and safety or the health and safety aspects of other products. In addition, she said it seemed more logical to have self - contained storage of propane, for instance, at a free- standing building rather than at a strip mall. Mr. Wonzel said it is customary for convenience stores to have ice chests outside. He said he had pulled all outside storage June 1 but other convenient stores were not notified until 6-7 weeks later and they were permitted to keep their outside storage and still are. Councilmember Awada said she was willing to extend the outside storage grace period three months while action was taken to clarify the ordinance. Awada moved, McCrea seconded, a motion to continue to the November 5, 1992, regular City Council meeting consideration of a conditional use permit for outdoor storage for the Tom Thumb Store located on Lot 1, Block 1, Bicentennial 1st Addition, at the Yankee Square Shopping Center and that no enforcement of the outdoor storage ordinance take place until a clarification of the ordinance is completed. Aye: 5 Nay: 0 Councilmember Pawlenty suggested that staff look at whether a designated amount of area should be permitted for outside storage without regard to product and with no additional space permitted. oC � # Page 11 /EAGAN CITY COUNCIL MINUTES August 4, 1992 CONDITIONAL USE PERMIT /OUTDOOR STORAGE TOM THUMB /BLACKHAWK PLAZA Mayor Egan introduced this item as a conditional use permit for Tom Thumb, to allow outdoor storage in a commercial zoning district on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, located along the north side of Diffley Road in the SE 1/4 of Section 20. Awada moved, McCrea seconded, a motion to continue to the November 5, 1992, regular City Council meeting consideration of a conditional use permit to allow outdoor storage in a commercial zoning district on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, and that no enforcement of the outdoor storage ordinance take place until a clarification of the ordinance is completed. Aye: 5 Nay: 0 APPROVE PLANS /AUTHORIZE ADVERTISEMENT FOR BIDS LAKEVIEW TRAILS ADDITION Mayor Egan introduced this item as Contract 92 -11, Approve Plans /Authorize Advertisement for Bids (Lakeview Trails - Streets & Utilities). Egan moved, Wachter seconded, a motion to approve plans for Contract 92 -11 (Lakeview Trails Addition - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., August 28, 1992. CONTRACT 92 -05 /OAR CLIFF 6TH ADDITION MARY, MOTHER OF THE CHURCH STORM SEWER Mayor Egan introduced this item as Contract 92 -05, Approve Change Order #1 (Oak Cliff' 6th Addition - Mary, Mother of the Church Storm Sewer). Wachter moved, Awada seconded, a motion to approve Change Order #1 to Contract 92 -05 (Oak Cliff 6th Addition - Mary, Mother of the Church Storm Sewer) in the amount of $8,957.50 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CONTRACT 89- V/LEXINGTON POINT 6TH ADDITION STREETS & UTILITIES Mayor Egan introduced this item as Contract 89 -V, Lexington Pointe 6th Addition - Streets & Utilities, Acknowledge Completion /Authorize City Maintenance. Awada moved, Egan seconded, a motion to acknowledge completion and authorize perpetual maintenance for Project 89 -V, Lexington Pointe 6th Addition - Streets & Utilities, subject to warranty provisions. Aye: 5 Nay: 0 PROJECT 90-AA /COVENTRY PASS 3RD ADDITION STREETS & UTILITIES Mayor Egan introduced this item as Project 90-AA, Coventry Pass 3rd Addition - Streets & Utilities, Acknowledge Completion /Authorize City Maintenance. Page 12 /EAGAN CITY COUNCIL MINUTES August 4, 1992 Awada moved, Wachter seconded, a motion to acknowledge completion and authorize perpetual maintenance for Project 90-AA, Coventry Pass 3rd Addition - Streets & Utilities, subject to warranty provisions. Aye: 5 Nay: 0 Sign Task Force Meeting The first Sign Task Force meeting is scheduled for August 5, 1992, from 4:00 p.m. - 6:00 p.m. Composting/Recycling Site City Administrator Hedges said that because an agreement had yet to be reached between Dakota County and the vendor on the Gopher Smelting recycling site, Dakota County had asked that the Municipal Center compost /recycling site be allowed to remain in operation through the end of 1992 with relocation to take place before the season begins in 1993. The City Council agreed to the County's request. Seneca Open House City Administrator Hedges advised the City Council that an open house had been scheduled by the Metropolitan Waste Control Commission for the Seneca Treatment Plant on October 8. The MWCC will be conducting tours and especially of N -Viro facilities. 4441 & 4445 Vildmark Court Councilmember Wachter said he had been contacted by residents, David Albee and Dennis Nelson, 4441 and 4445 Vildmark Court, respectively, with a claim that siltation fences had not been installed between their properties and a home under construction in the Wilderness Ponds Addition, leading to soil washing onto their properties. After discussion, it was agreed that this was a dispute between the builder and the property owners and staff was advised that the City Council would not authorize any funding for clean up of erosion damage. Variance Councilmember Pawlenty said he had been contacted by a resident regarding a variance that had been issued but never put into use because the property was sold before the home was built. The question had arisen as to whether the new owner could use the variance even though the particulars of the home, its placement on the lot, etc., are not the same as on the original application. City Attorney Sheldon said variances typically run with the land dependent upon certain conditions being present. He said his office would investigate. Mosquito Control Board Councilmember Awada expressed concerns about the Mosquito Control Board and its effectiveness and asked if the City Council had any interest in looking at the issue. City Administrator Hedges suggested it may be worthwhile to involve the AMM and the City Council agreed. Building Coalitions For Action Conference McCrea moved, Egan seconded, a motion to approve Councilmember Wachter's attendance at a conference entitled, "Building Coalitions for Action," hosted by the Minnesota Lakes Association in Bloomington, October 2 and 3, 1992. Aye: 4 Nay: 0 Abstain: 1 (Wachter) 0" Page 13/EAGAN CITY COUNCIL MINUTES August 4, 1992 K . Wachter moved, Egan seconded, a motion to approve the checklist dated August 4, 1992, in the amount of $712,929.51. Aye: 5 Nay 0 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider pending litigation at 10:50 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorneys Sheldon and Wilcox The executive session was adjourned at approximately 11:24 p.m. KF CITY OF EAGAN E. kanOverbeke City Cftrk If you need these nwuiw in an aftemadw form such as large prm4 braz&, wi&o &qw, etc, please contact the CID, c Eagan, 3830 A" 10" Roa4 EW% MN 55122 (612) 69114600, (TDD phone- (612) 454-8535) July 18 1992 TO: MAYOR THOMAS EGAN" City of Eagan PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator FROM: PROPERTY OWNERS AFFECTED BY WATER MAIN PROJECT 635 (Signatures attached) RE: PROPERTY OWNERS WATER MAIN ASSESSMENT DODD ROAD PROJECT 635 1.0 The property owners affected by the subject water main project recognize the benefits to be gained by running the 8" water main as described in the project to complete a loop through the Manor Lake and Lakeview Trail Addition projects; however, the property owners assessed for this project can see no benefits to be gained by installing this 8" water main as described in the engineering report in project 635. For this reason the property owners affected are requesting that the City of Eagan Council take either of two courses of action -- as follows: 1) Reject the water main project in its entirety or; 2) Amend the project to relieve the subject property owners of all financial support, and transfer the $35,135 assessment to the property owners to the owners who will benefit from the project, i.e., Manor Lake and Lakeview Trail Additions. Furthermore, the City of Eagan, must guarantee that the blacktop surface of Dodd Road must be repaired to its condition as it was before the damage had occurred from the construction trucks traveling Dodd Road to both Lakeview and Manor Lake, ,projects and what might result from the installation of the 8" water main along the 2,290 front feet of Dodd Road. 2.0 The reasons for requesting this course of action from the City Council are as follows: 2.1 In signing this letter, the property owners state and certify that in no manner or way did they make an indication that might be construed or taken as a request for City of Eagan water service. QI. -&7 Project 635: Page 2 2.2 By signing this letter, the affected property owner declares and certifies that they have no need, nor can see any reason for connecting to this subject 8" main in the foreseeable future. 2.3 The financial burden resulting from adding the assessment to the already high tax structure would be difficult to bear. Using. the figures on page 23, Appendix B, and using 8 % simple interest, the average property owner would have $429 added to his taxes for the first year. The worst case (parcel 50-25) would have $900 added the first year to his taxes -- all this with no resultant benefits, plus putting up with the construction traffic, noise, people and equipment involved in working on the two developments. 2.4 WELL FAILURE - always a possibility; however, even the worse case failure requiring a redo -- the cost of the redo plus the cost of capping the well would probably be less than that of connecting to the new main. Furthermore -- no water bills or added taxes to pay. 2.5 BLACKTOP SURVIVAL: Can the 2" surface paid for by subject landowners survive the added load of the construction vehicles and pre- mix concrete trucks and the heavy equipment loads placed on it by laying the 8" main? A map displayed during the July 16th meeting showed Dodd Road as the construction entrance. Added to this is the high probability that peak construction could occur during the spring thaw when this type of road is usually limited to a 4 ton per axle limit. IN CONCLUSION: We, the property owners who have signed this document, hereby certify that we have had in our possession a copy of this document at least three (3) days before signing. We further certify that we have carefully studied it and are in total agreement with all parts of the document including the request to the City Council of Eagan to either deny the project or modify it as specified in paragraph one (1). FINALLY, we as a group thank the Mayor and Council for their attention and cooperation. We thank the City of Eagan Engineering staff for their cooperation and conducting the informal meeting of July 16, 1992 at the City Hall where this project was reviewed in detail. . 0 A) SIGNATURE LIST OF PROPERTY OWNERS AFFECTED BY WATER MAIN PROJECT 635 028 -25 Weierke Trenching & Excavating 660 Cliff Road, Eagan, MN 55123 &*e.q Z _ v . 027 -25 Ronald D. & Patricia J. Johnson 4625 Dodd Road, Eagan, MN 55123 02� UP 4" 7•a -9a 030-25 Weierke Trenching & Excavating Co. 660 Cliff Road, Eagan, MN 55123 0. • 010 -26 William J. & Janet Kuhlmeyer 7/1-1)/? 040 -25 (see attached) 020 -26 Ronald L. & Donna M. Rosa 4665 Dodd Road, Eagan, MN 55123 David T. & Sondra Forsman 4640 Dodd Road, Eagan, MN r- vw il 14 TITIM 1 =--! . .� _ 050 -25 Dale F. & Dorothy A. Tessmer 4560 Dodd Road, Eagan, MN 55123 030 -26 Stuart & Mary Jane Weierke 4675 Dodd Road, Eagan, MN 55123 012 -28 Richard J. & Ethel Buchan 4695 Dodd Road, Eagan, MN 55123 Lk FX 011 -28 F: c; cct 6351 PEge ? L icluL_rnS `..' re :yues t �' 1 {l c t iL to w.e J C_ � j Co � of a ��� ,.o a d 1.�_er deny 1'- t 1 -d l wJd.d , d.- r. 1- N W-e -1 � .. or ��ou� -�! it 4 s i11e �.1 �G -:: / : ..�J -i one 1� • we as a group w °.:.. the !:&. or e=d Co x!:L for t1heir att,.ent_on svd coorer_t"On. ;e tank- the Cf-ty of EEg n Eigineering staff for weir cooperFit_on and cor.c the ^..° or^...zl aeeti :r3 of J 15, 1992 at tree Cit,-- 11 �' -:ere this project - ,me revjewed in deta;l. �a -►� Robert J. & Diane Hawkins 4711 Dodd Road. Eagan. MN 55123