Loading...
1991-08-06 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota August 6, 1991 A regular meeting of the Eagan City Council was held on Tuesday, August 6, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, Assistant City Engineer Mike Foertsch and City Attorney James Sheldon. City Administrator Hedges requested the following changes to the agenda for the August 6,1991, regular City Council meeting. Consent Agenda, Item V, Final Plat, West Publishing 5th Addition, Request to Continue to the August 20, 1991, regular City Council meeting. Administrative Agenda, Item A, Special Deer Hunting Permit, Request to address this item at the beginning of the meeting under Department Head Business. Wachter moved, McCrea seconded, a motion to approve the agenda for the August 6, 1991, regular City Council meeting as amended. Aye: 5 Nay. 0 Director of Public Works Colbert asked that the following be added on Page 6, paragraph 2, sentence 1, after "public hearing:" "and approved Project 601." The shopping center mentioned in connection with Dairy Queen on Page 9, second to last paragraph, third sentence should be "Eagan Convenience Center." Wachter moved, Pawlenty seconded, a motion to approve the minutes of the July 16, 1991, regular City Council meeting as amended. Aye: 5 Nay. 0 SPECIAL DEER HUNTING PERMIT This item was introduced as a request for a special deer hunting permit by the Adelmann family of 3645 Sibley Memorial Highway. The Adelmann's are experiencing damage to their vegetable gardens, on property formerly known as the Fred Sell Farm, due to the large number of deer in that area. Other neighbors have complained and all have expressed concerns regarding the damage being caused as well as concerns for their physical safety because of the hazards being experienced on the roads. If the special hunt is approved by the City Council, approval will also have to be granted by the State's Department of Natural Resources to allow hunting outside of the regular deer hunting season. In answer to the City Councilmembers' many questions, Chief of Police Pat Geagan said the hours of 12:00 - 4:00 a.m. were recommended by the DNR due to the proximity of the property to populous areas. He said, in effect, the Adelmanns would be "shining" deer and the hunt would be with either shotguns or rifles. While the range for rifles is greater than for shotguns, a rifle hunt would be more accurate and effective. Councilmember Wachter said he would recommend that in the interests of safety that the hunting take place in the low areas of the property. Councilmember Pawlenty said that the City Council had in the past discussed stopping or severely restricting hunting in the City but added that if special circumstances warranted an exception, it should be noted as such. Wachter moved, McCrea seconded, a motion to approve a special hunting permit to Jeffrey A. Adelmann for property on Yankee Doodle Road owned by Robert J. O'Neil, contingent upon a special permit being granted by the Department of Natural Resources for hunting outside of the State-designated deer hunting season. Aye: 5 Nay. 0. PARKS & RECREATION DEPARTMENT/RECOMMENDATION FOR RAHN PARR This item was introduced as a recommendation for Rahn Park, Softball Field #2. Because the City Council was very familiar with the problems being experienced by properties adjacent to Field #2, Director of Parks and Recreation Ken Vraa addressed only those options that represented a viable solution. The option extending the fence to completely enclose Field #2 and installing gates to control access is the solution preferred by the neighbors. Mr. David Wyss, 2108 Shale Lane, reiterated the difficulties his family is experiencing with softballs being hit onto their property. He said that raising the height of the existing fence would do no good nor would placing a fence along the property lines. He said the only solution was to fence the ballfield and control its access. Council discussion then centered around whether the neighbors next to Field #3 were experiencing a similar problem. While both fields have the same configuration and are approximately the same distance from neighboring homes, Mr. Vraa indicated that staff has not received any complaints from homeowners near Field #3. The Council expressed concerns that fencing in Field #2 would only move the problem to Field #3. Councilmember McCrea asked whether it might not be advisable to place a fence along the property lines for both fields rather than fence Field #2 and then have to enclose Field #3 in the future. Fencing both fields would be more costly than running a higher along the property line. Mr. Wyss indicated the homeowners would not be amenable to fencing the backs of their yards. The suggestion was made that perhaps the field should be restricted to youth leagues; however, it was noted that it would not solve those problems experienced on the weekends. McCrea moved, Wachter seconded, a motion to approve Option #4 which would completely enclose Softball Field #2 at Rahn Park with controlled gate access at a cost not to exceed $9,400. When told that the costs were only estimates, Council instructed staff to bring the issue back for further consideration if the cost of the improvements exceeds $9,400. Mr. David Doyle, 2112 Shale Lane, asked if the Police Department would enforce the controlled-access to Field #2. Mayor Egan replied that no ordinances were being changed and that the City Council had only approved improvements to the park. Aye: 5 Nay: 0 Because only one bid was received for curbside recycling containers, an exception from the bid specifications was discussed. Kris Hageman, Recycling Coordinator, said the container manufactured by Shamrock Industries met all specifications for the City's bid except the requirement that the new container stack both on top and beneath the City's existing containers. Ms. Hageman said that the Shamrock containers would stack on top of the containers, however, would not stack when placed under them. Ms. Hageman asked that the City Council make a determination as to whether or not this exception to the specifications was significant enough to reject the bid and readvertise. After further discussion, Councilmember Wachter recommended that this item be placed back in the Consent Agenda with a waiver for the exception from the bid specifications. ly < Page 3/EAGAN CITY COUNCIL MINUTES August 6, 1991 A. Personnel Items Item 1. Seasonal Maintenance Workers--It was recommended that the hiring of Jay Laramy, Kevin Carlson, Gregory Handwerk, and Richard Kittel as Seasonal Maintenance Workers be ratified. B. Plumbers Lice nses It was recommended that the plumbers licenses be approved as listed in Exhibit A. C. Adjustment. 1991. General Fund Budget It was recommended that the adjustments to the 1991 General Fund Budget be approved as presented. D. Consideration of City ocean Vision Statements It was recommended that the City of Eagan's vision statement be approved as presented. E. Consider Adoption of Long- Range Goals It was recommended that the City of Eagan's long range goals be approved as presented. F. Consider Adoption of Economic Development Goals It was recommended that the City of Eagan's economic development goals be approved as presented. G. Extension of Contract for Janitorial Services. Dakota Inc. It was recommended that the one-year extension of the contract with Dakota, Inc., for janitorial services for park shelter buildings be approved. H. Resignation of Member Becky Newell and Consideration of Replacement. Airport Relations Committee It was recommended that the resignation of Becky Newell from the Airport Relations Committee be accepted and direction provided to staff regarding a replacement. I. Resignation of Member Christy Clapp and Consideration of Replacement. Economic Development Commission It was recommended that the resignation of Christy Clapp from the Economic Development Commission be accepted and direction provided to staff regarding a replacement. J. Resignation of Member Michael T. Vogel and Replacement with Alternate Advisory Parks. Recreation and Natural Resources Commission It was recommended that the resignation of Michael T. Vogel from the Advisory Parks, Recreation and Natural Resources Commission be accepted and that the present Alternate member, Deborah Johnson, be appointed as his replacement. Ate, Page 4/EAGAN CITY COUNCIL MINUTES w August 6, 1991 K. Authorization to Waive Penalty on ISD #196 Assessment Payment It was recommended that the penalty on Independent School District #196's late assessment payment be waived. L. Recommendation. Airport Relations Committee. MAC Stage 3 Working Group It was recommended that a recommendation by the Airport Relations Committee with respect to the Metropolitan Airports Commission's Stage 3 working group report be approved. M. Agreement. Public School Inspection. State of Minnesota Department of Public Safety and Eag Fire Department It was recommended that an agreement for public school inspection between the State of Minnesota, Department of Public Safety and the City of Eagan be approved. N. Curb Side Recycling Container Bid Authorization It was determined that the exception from the bid specifications for curbside recycling containers was not material enough to reject the bid and the bid as presented by Shamrock Industries in the amount of $9.50 per two container set was approved. 0. Receive Assessment Roll/Order Public Hearing Delinquent Utility Bills It was recommended that the assessment roll be received and the public hearing ordered for assessment of delinquent utility bills for September 3, 1991. P. Parking Restrictions - Ashbury road and Blue Cross Road It was recommended that the parking restrictions outlined in the staff report on Ashbury Road at Blue Cross Road be approved. 0. Vacate Drainage & Utility Easements. Receive Petition/Order Public Hearing (Lot 7-9. Block 1.Manor Lake 1st Addition & Lots 1 & 2. Block 5. Manor Lake 2nd Addition It was recommended that the petition be received and the public hearing to consider the vacation of drainage and utility easements be held September 3,1991, for Lots 7-9, Block 1, Manor Lake 1st Addition and Lots 1 & 2, Block 5, Manor Lake 2nd Addition. R. Project 619. Receive Petition/Order Feasibility ReWA (Saddlehorn Addition - Streetlight 1 It was recommended that the petition be received and a feasibility report authorized for Project 619 (Saddlehorn Addition - Streetlights). S. Contract 90-06_ Final Payment/Authorize City Maintenance (Effress. Cray & Coventry Pass 2nd Additions - Storm Sewer It was recommended that the fifth and final payment for Contract 90-06 in the amount of $24,428.78 be approved and City maintenance authorized subject to all appropriate warranty provisions. Page 5/EAGAN CITY COUNCIL MINUTES August 6, 1991 T. Project 611. Receive Feasibility Reps/Authorize Detail Plans (Well #16) It was recommended that the feasibility report for Project 611 be received and the preparation of detailed plans, specifications and easement documents be authorized. U. Final Plat. Kings Wood 5th Addition It was recommended that the final plat for Kings Wood 5th Addition be approved. R-91.47 V. Final Plat. West Publishing 5th Addition It was recommended that the final plat for West Publishing 5th Addition be continued to the August 20, 1991, regular City Council meeting. W. Final Plat. Diffley Commons It was recommended that the final plat for Diffley Commons be approved. R-91.48 X. Contract 91-07. Change Order #2 (1991 Sealcoating Program) It was recommended that Change Order #2 to Contract 91-07 (1991 Sealcoating Program) be approved and the Mayor and City Clerk authorized to execute all related documents. Y. Contract 91-03. Change Order #1 (Elrene Road) It was recommended that Change Order #1 to Contract 91-03 (Elrene Road) be approved and the Mayor and City Clerk authorized to execute all related documents. Pawlenty moved, Gustafson seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 x PROJECT 609/CLIFF ROAD AND RAHNCLIFF ROAD UPGRADE After brief introductions by Mayor Egan and City Administrator Hedges, Assistant City Engineer Mike Foertsch explained the scope of the project and how the project was to be financed. He said the revenue sources for the project would be from Dakota County, City trunk funds and assessments to properties adjacent the improvements. Mr. Tom Gallagher of M.G. Astleford Company said they objected to the construction of a center median restricting eastbound traffic from turning north from Cliff Road onto Scott Trail. He said this would seriously impede the access to his company's office complexes on Scott Trail. Mr. Gallagher said his company did not wish to pay for an improvement which would not benefit their property. Mr. Pete Sorenson, Dakota County Highway Engineer, said setting median openings is very difficult. In this area, the three intersections are so close together that a determination had to be made as to which median openings at which intersections would best serve the entire area. He said Scott Trail is losing left turn movement, however, traffic studies have indicated this layout to be the best for traffic movement in.the area. Councilmember Wachter asked if it wouldn't encourage U-turns. Mr. Sorenson said U-turns are not prohibited at this time and studies have found that allowing them has not increased accidents. Mr. Gallagher said his company would reserve the right to object to the assessments at a later date. Page 6/EAGAN CITY COUNCIL MINUTES August 6, 1991 Ms. Sharon Eide of the Cedar Grove area said she was concerned about the upgrade of Cliff Road as it would lead to shortcuts through their neighborhoods. Director of Public Works Colbert said the County was attempting to increase the capacity of Cliff Road to keep traffic moving so motorists would not try and avoid it by shortcutting through residential neighborhoods. Mr. Kevin Swanson, who lives on Pin Oak Drive, expressed his concerns about the upgrade of Cliff Road in addition to concerns about the Semper development. He said these projects would affect his property values and he would seek legal remedies if necessary. Mr. Charles Bartholdi, representing Federal Land Company, spoke in support of the project because his company felt the project was necessary and would be of benefit to those businesses along Cliff Road. He requested that only a concrete apron to Park Center Drive be provided until that time when the property is developed. Director of Public Works Colbert said the concrete apron would be acceptable. Mr. Bartholdi said Federal Land Company had minor concerns regarding the cost of the project, however, said they would address those concerns at the assessment hearing. The public hearing was then closed to public comment. Gustafson moved, Egan seconded a motion to close the public hearing and approve Project 609 (Cliff Road and Rahncliff Road Upgrade). Mayor Egan said that legitimate concerns had been noted and recommended these concerns be worked out regarding design and assessments. Aye: 4 Nay. 1 (Wachter) Mayor Egan asked Director of Public Works Colbert to look into the situation with the M.G. Astleford property and asked that the issue of assessments to that property be addressed. PROJECT 609/DETAILED PLANS AND COUNTY COST PARTICIPATION AGREEMENT McCrea moved, Gustafson seconded a motion to approve the detailed plans and County cost participation agreement for Project 609 (County Project 32-26) for the upgrading of Cliff Road and Rahncliff Road and the Mayor and City Clerk authorized to execute all related documents. Aye: 4 Nay- 1 (Wachter) VACATE DRAINAGE AND UTILITY EASEMENTS LOT 4, BLOCK 1, SUNRISE HILLS 2ND ADDITION Pawlenty moved, Wachter seconded a motion to close the public hearing and approve the partial vacation of the drainage and utility easement as described over Lot 4, Block 1, Sunrise Hills 2nd Addition subject to the lowest exposed house elevation being no lower than 893.0. It should be noted that no one was in the audience to address this item. Aye: 5 Nay. 0 ~ ~ rte. s6,e r9~ Page 7/EAGAN CITY COUNCIL MINUTES August 6, 1991 VACATE DRAINAGE AND UTILITY EASEMENTS EAGANDAIE CENTER INDUSTRIAL PARK STH ADDITION McCrea moved, Pawlenty seconded a motion to close the public hearing and approve the vacation of the described drainage and utility easements over portions of Lots 1 and 2, Block 1, Eagandale Center Industrial Park 8th Addition. It should be noted that no one was in the audience to address this item. Aye: 5 Nay: 0 VACATE DRAINAGE AND UTILITY EASEMENTS OVERVIEW ESTATES REPEAT Pawlenty moved, Wachter seconded a motion to close the public hearing and approve the vacation of the described drainage and utility easements over Lots 8, 9, and 10, Block 1, Overview Estates Replat. It should be noted that two persons were in the audience regarding this item, however, they had no objections. Aye: 5 Nay: 0 DETAILED PLANS/LEXINGTON AVENUE & LONE OAK ROAD Mayor Egan introduced this item as Project 601, Detailed Plans (Lexington Avenue/Lone Oak Road - Intersection Reconstruction & Signalization). Director of Public Works Colbert said that concerns regarding restricted access to Lexington Avenue expressed at the July 16 public hearing were passed along to the Dakota County Physical Development Board for their consideration. A resolution passed at their July 30, 1991 meeting indicated that the Physical Development Board supported the original design for the intersection of CSAH 26 (Lone Oak Road) at County Road 43 (Lexington Avenue) including a raised concrete center median on County Road 43 with no median openings for left turn access to adjacent properties. Mr. Colbert said the County Board had also indicated that they were not comfortable modifying this design and would rather delay the project than institute these modifications. He said it was believed that if the project was delayed to the 1993 upgrade of Lone Oak Road, it would give the adjacent property owners an opportunity to look at some alternatives. Mr. Ronald Kirkhoff, representing Harlan and Audrey Bloom of 2995 Lexington Avenue South, discussed the hardship to the Bloom's if a center median cut were not allowed giving them full access to Lexington Avenue. Mr. Kirkhoff asked the City Council to postpone a decision on Project 601 until the completion of Lone Oak Road currently scheduled for 1993 thereby allowing further study and evaluation. Mr. Ken Dahlman, of U.S. West Business Resources, indicated that they also were not in favor of the median islands and limited access. His recommended solution was also to wait and see how Lone Oak Road developed. Mr. James Robertson, Crate Prospects, echoed the sentiments of the previous speakers and also recommended that the project be postponed until the development of Lone Oak Road. Mayor Egan then closed the public portion of the hearing. Mayor Egan said he respected the County's position on safety issues, however he did not want this project to proceed prematurely. Director of Public Works Colbert said for the project to proceed, it must have City participation. If the City does not approve the detailed plans, the project will not go forward. He said at the July 16, 1991 City Council meeting, the City Council approved the project with certain conditions which evidently cannot now be met. City Administrator Hedges said it may be appropriate to rescind the action of the last City Council meeting and direct staff to work with the County on the City's concerns. If the action of the previous meeting is not rescinded, this would become a pending assessment against all appropriate properties. Page 8/EAGAN CITY COUNCIL MINUTES - August 6, 1991 Members of the City Council expressed their concerns about the lack of access by residents and businesses onto Lexington Avenue and noted their reservations about approving the detailed plans for this project. Without approval of the plans, conditions of project approval could not be met, therefore, Wachter moved, Gustafson seconded, a motion to cancel Project 601, Lexington Avenue/Lone Oak Road - Intersection Reconstruction and Signalization, and directed staff to work with the County on the intersection design to be considered with the overall improvement of Lone Oak Road. Aye: 5 Nay. 0 R-91.49 1991 TRAILER PERMIT RENEWAL Mayor Egan introduced this item as the Renewal of the 1991 Trailer Permits for Fritz and Isaacson. City Administrator Hedges said the 1991 trailer permit renewals were before the City Council at the July 16, 1991 regular City Council meeting. He said at that time concerns were expressed regarding the permits held by Marvin and Verene Fritz and Steven Isaacson. Trailer permits were denied by the City Council for these two owners and they were asked to appear before the City Council if they wished the denial for their 1991-1992 permits to be reconsidered. Ms. Elizabeth Witt, Administrative Assistant, informed the City Council that Mr. Steven Isaacson was not present, however, Mr. Marvin Fritz was. Mr. Fritz said he had been talking to his bank but had not started building a home on his property because of financial considerations. He said he had all the blueprints necessary and would buy a building permit if that's what the Council wished. Mr. Fritz noted that his trailer home had not prompted any complaints from his neighbors. Council discussion then centered around last year's approval which indicated there would be no further extensions of this trailer permit. Mr. Fritz moved his trailer onto the property in 1981 with the intent of building a home at that time. At each request for extension, Mr. Fritz has said he will be building a home but has yet to break ground. While the City Council was reluctant to deny Mr. Fritz's permit, concerns were expressed about the precedent that the City Council does not mean what it says. Gustafson moved, Pawlenty seconded a motion to deny the trailer permit renewal for Marvin and Verene Fritz with the removal of the trailer to be no later than six months from this date. Further, staff was directed to prepare findings on the issue with a resolution prepared for City Council consideration as a Consent item on a future City Council agenda. Aye: 5 Nay: 0 No application had been received from Mr. Isaacson nor did he appear in person. Wachter moved, McCrea seconded a motion to deny the trailer permit renewal for Steven Isaacson with the removal of the trailer to be no later than six months from this date. Staff was also directed to prepare findings on the issue with a resolution prepared for City Council consideration as a Consent item on a future City Council agenda. Aye: 5 Nay. 0 ICE ARENA/OUTDOOR SWIMMING POOL FACILITY/ATHLETIC FIELDS Mayor Egan introduced this item as Consideration of Direction for an Ice Arena/Outdoor Swimming Pool Facility and Additional Athletic Fields. City Administrator Hedges said the City Council had met on July 29 at a work retreat and spent approximately 24 hours discussing this issue. At that time, the City Council had expressed concerns that the numbers provided by the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates seemed higher than anticipated and asked staff to do additional research into the costs of the project. Construction of a Y facility at both the Municipal Center and Lexington Avenue sites has been evaluated, however, no evaluation has been done of the facility on the West Publishing location. The West location now appears to be the site of choice for the YMCA. Page 9/EAGAN CITY COUNCIL MINUTES August 6, 1991 Mayor Egan commended City staff on the development of the ice arena/swimming pool facility memorandum and agreed that the issues outlined were most critical. The question was asked whether the development of a City ice arena/swimming pool facility was dependent upon its relationship with an Eagan YMCA. Councilmember McCrea said the facilities need not be dependent or independent of each other but if there were considerable savings with a joint facility, then the City should consider the West site. If no savings are involved, then the most favorable site would likely be the Municipal Center. Councilmember Wachter said the only disadvantage of the West Publishing site would be the location; however, it was pointed out, that if West Publishing came in with a cash offer and a donation of land, it would have a significant impact on the decision. Gustafson moved, Pawlenty seconded a motion to direct the firm of Bonestroo, Rosene, Anderlik & Associates to prepare an analysis for the West Publishing site in an amount not to exceed $2,000 including cost savings on construction if the infrastructure is shared. Aye: 5 Nay. 0 The question was asked as to how much Community Investment Funds (CIF) could be allocated to the project and whether the City could commit to spend a certain dollar amount or percentage of those funds. Councilmember McCrea said the City should commit funding to the ice arena project with the remainder to come from a referendum and business investment in the facility. Discussion was then initiated regarding the timeframe if a facilities question were to be on the November 5 ballot. Elizabeth Witt, Administrative Assistant, said the ballot would have to be prepared by September 11 in order to be ready for the November 5 election. The City Council did not encourage a November referendum because of the impact the Independent School District #196 bond issue would have on the City's approach to the ice arena project. It was suggested, however, that the bond issue be no later than June 1992 with the school board election of May 19 as a possible referendum date. After further discussion, the City Council also recommended that the referendum include a stepped ballot where each portion of the referendum would be prioritized. Councilmember Pawlenty also suggested it may be necessary to consider phased construction scheduling. Questions were raised regarding the use of a political consultant in preparing for the referendum; however, City Administrator Hedges said the Council may wish to have the City Attorney address the matter as there are restrictions on what tax dollars may be spent on. City Attorney Sheldon said the State Attorney General has a made a determination that City officials may not advocate referendum questions, however, there are no such restrictions on citizens groups. Egan moved, McCrea seconded, a motion setting January 1, 1992, as the final date to have all information for the ice arena/swimming pool/athletic field facilities, including7 budget staging, the preliminary referendum question, the location, and the City's consultant information on the West site. Mayor Egan said when this information is returned, the City would be able to provide precise budget information and then issue a challenge to the community to make up the difference between that provided by the City through a referendum and the amount still to be raised. One of the members of the audience asked whose responsibility it would be to raise private money. The Mayor and Council agreed that it would be up to the community as a whole, however, the recreation facilities committee would likely organize such fundraising. Mr. Bill Stephante, said that not all residents of the City agree with building an ice arena and swimming pool. He said it wasn't a question of wanting those facilities but the City should invest in other things. He added that if the City goes ahead with the ice arena and swimming pool, the City's investment should be limited to a certain dollar amount. Aye: 5 Nay. 0 i•a:! J:i a Page 10/EAGAN CITY COUNCIL MINUTES August 6, 1991 SPECIAL DEER HUNTING PERMITS A special permit for bow and arrow deer hunting was approved on property located on three contiguous parcels of agriculturally zoned property located at 975 Yankee Doodle Road, 3370 Lexington Avenue and 3240 Lexington Avenue for the following. Jerry Krueger, 3240 Lexington Avenue, Eagan Joey Krueger, 15 West 61st Street, Minneapolis Dave Schiefelbein, 8555 South Robert Trail, Inver Grove Heights Richard & Rebecca Maurer, Jr., 3370 Lexington Avenue, Eagan Robert Sandeen, 1304 East Balsam Trail, Eagan Sean Becker and Harold Becker, 975 Yankee Doodle Road, Eagan Jeffrey Walther, 7420 Columbus Avenue, Richfield Aye: 5 Nay: 0 CHANGE IN MAYORAL TERM OF OFFICE McCrea moved, Gustafson seconded a motion to approve a change in the mayoral term of office from two years to four years as presented. It was noted that the change in terms will take effect with the next mayoral election in November and does not change the existing term of that office. Aye: 4 Nay- 0 (Abstain: Egan) APRNRC RECOMMENDATION/POND JP-30.1 Mayor Egan introduced this item as the Recommendation of the Parks, Recreation and Natural Resources Commission Regarding a Petition to Improve Pond JP-30.1. Councilmember Wachter, while recognizing the problems associated with increasing the water level in JP-30.1 as requested by surrounding homeowners, suggested these enhancements take place when the property is developed. He said the costs as well as the logistical problems associated with changing the high water marks of these ponding areas would be minimal if handled at that time. Aye: 5 Nay: 0 Councilmember Wachter volunteered to work with staff to explore the possibilities of such action and then report back to the Public Works Committee. EXPANSION/UNISYS TIF PROJECT AREA Mayor Egan introduced this item as Scheduling of the Public Hearing for September 16 to Consider Expansion of the Project Area for the Existing Unisys Tax Increment Financing District. Gustafson moved, Pawlenty seconded a motion to schedule the public hearing to consider expansion of the project area for the existing Unisys tax increment financing district for September 16, 1991. Page 11/EAGAN CITY COUNCIL MINUTES 1 August 6, 1991 City Administrator Hedges pointed out that Unisys had identified the corporate citizen involved in the semi-conductor facility transaction as Northwest Airlines. He said the information had been released to the press and noted that the City had been working with both corporations on this issue. Aye: 5 Nay: 0 LIQUOR LICENSE/FAMILIAS RESTAURANT ON 7TH Mayor Egan introduced this as a License for On-sale Liquor, Familias on 7th, Inc., New Owners of Durnings Restaurant, Cedar Avenue and Cliff Road. Pawlenty moved, Gustafson seconded a motion to approve an on-sale liquor license application for Durnings Restaurant, now owned by Familias Restaurant on 7th, as presented. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded a motion to approve a refund of the pro-rated amount of the on- sale liquor license fee to Dorola, Inc. as presented. Aye: 5 Nay: 0 BUILDING PERMIT/UNPL4TTED PROPERTY Mayor Egan introduced this item as a Building Permit Issuance for Parcel #066-75, Located Along the South Side of Taconite Trail in the Southeast Quarter of Section 20. Gustafson moved, Wachter seconded a motion to approve the issuance of a building permit for Parcel #066-75 located in the southeast quarter of Section 20 and subject to the following conditions: 1. No further subdivision of the property shall occur without platting. 2. The building permit shall not be issued until documentation of the recording of the driveway agreement is shown to the City. Aye: 5 Nay: 0 TEMPORARY DIRECTIONAL SIGNS/DAKOTA FUN FEST Mayor Egan introduced this item as a Special Use Permit for Dakota, Inc. to Allow Temporary Directional Signs for Dakota Fun Fest, September 21-22. McCrea moved, Wachter seconded a motion to approve a special use permit for Dakota, Inc. for temporary directional signs for the Dakota Fun Fest as presented. Mr. Tim Dunn, representing Dakota, Inc., asked for a waiver of the $50 permit fee because the applicant is a non-profit entity. Because the permit fee is used to offset costs to the City to process the application and has not been waived for other non-profit organizations, the request for waiver was denied. Aye: 5 Nay- 0 FRONT YARD SETBACK VARIANCE/JOE MILLER CONSTRUCTION Mayor Egan introduced this item as a Variance for Joseph M. Miller Construction, of 10 Feet to the 30 Foot Front Yard Setback Located on Lots 4,5,6, Block 4, Sunrise Hills Addition. City Administrator Hedges said a letter had been received from Joe Miller Construction asking that this item be continued to allow them to work with the neighbors on their concerns. Page 12/EAGAN CITY COUNCIL MINUTES August 6, 1991 Wachter moved, Gustafson seconded, a motion to continue to the August 20, 1991, regular City Council meeting, the variances of 10' to the required 30' front yard setback for Lots 4, 5, and 6, Block 4, Sunrise Hills Addition requested by Joe Miller Construction. Aye: 5 Nay. 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING SEMPER HOLDINGS Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Semper Holdings, Changing the Land Use Designation from PF (Public Facilities) to CPD (Commercial Planned Development) and a Rezoning to a New Planned Development District for Specific Uses on Approximately 10 Acres Located Along the South Side of Cliff Road, West of Rahn Road, in the Northeast Quarter of Section 31. City Administrator Hedges said that the Advisory Planning Commission had reviewed this project a number of times and at the July 23, 1991 meeting, had recommended it for approval. Director of Community Development Runkle provided background and specifics on the location of this project. Mr. Runkle then compared the original plan with the one now being presented. He said the present proposal constitutes 9% lot coverage where the typical limited business zoning district would allow coverage of up to 20%. He said the Walgreens store in the northeast corner of the site was the only change to the planned development and all other proposed uses on the site are either permitted or conditional uses. The City Council then discussed the rezoning of this property when sufficient commercial zoning already exists in the City. Councilmember McCrea asked if it would be more appropriate to rezone only the property the Walgreen's store would be built on leaving the rest of the zoning intact. She asked whether more commercial property would be developed on the property if the restaurants did not prove viable. City Attorney Sheldon said that with the commercial planned development agreement, the City would incorporate the specific uses into the diagrams. Any changes to the agreement would essentially constitute a rezoning. Mr. Craig Christianson, of Semper Holdings, said they would be willing to continue to work with staff in order to find solutions to Council's concerns. He said if necessary, they would be willing to request a 30-day continuance. Councilmember Gustafson said it appeared that this development was less intrusive on the community than what could be permitted under present zoning. Councilmember Pawlenty added that the planned development does give the City some opportunity for control over the property and what goes in. Mr. Christianson said his company had been through several City meetings but had never been able to gamer any specifics about what makes Walgreens less desirable in this location than another facility. Mr. Kevin Swanson said he sympathized with what Councilmember Gustafson said when he said the development permitted on the property could be worse than that proposed. He said while he liked the idea of only 9% lot coverage and appreciated the buffering that is planned for the southern portion of the property, the single family homes and townhomes in the area all face Cliff Road. He reiterated his earlier concerns about rezoning. Mr. Dale Klossner, of 2025 Pin Oak Drive, said this development has had plenty of time to come up with an acceptable plan and now it was time to go to a vote. Because Walgreens is the anchor tenant, he did not see how additional work on the project would change the development. In addition, he said the developer must be counting ponding when figuring the 9% coverage because it appeared to cover a lot more than 9% of the property. Mr. Brant Richardson, representing Dakota County and the Western Court Facility, urged the City Council to approve the rezoning request because the County does not have another use for this property. He Page 13/EAGAN CITY COUNCIL MINUTES August 6, 1991 said there was the risk that the property would sit vacant for some time and that would cost all Dakota County taxpayers. Mr. Richardson said the proposed development is relatively benign compared to what could be proposed. He closed by noting that the anticipated tax revenues on this property to the City would be between 5150,000-$200,000. Mayor Egan and Councilmember McCrea expressed their displeasure with Dakota County for the County's insistence that the City approve this project. Specific reference was made to a letter to the City from Michael E. Turner, Chairman of the Dakota County Board of Commissioners, wherein Mr. Turner implied that the City of Eagan would somehow be responsible for increasing the tax burden to Dakota County residents if the project were not approved. Mayor Egan said the decision on this project would be based on what is best for the City and its residents and added that he considered Mr. Turner's remarks to be inappropriate particularly in light of a policy of non-interference and cooperation between the two governmental entities. He reminded Mr. Richardson that when the County had asked the City not to take any official action in regard to the Dakota County burn facility, the City had agreed it would not be appropriate to intrude in matters outside its jurisdiction. Consideration then turned to direct access of this project onto Cliff Road. Director of Public Works Colbert said with the upgrade of Cliff Road, the property would be restricted to a right-in and right-out access to the eastbound lanes. In response to the developer's request for continuance, Wachter moved, Gustafson seconded a motion to continue for 30 days the comprehensive guide plan amendment from PF to CPD and the rezoning for a new planned development district for the Hadler Park Planned Development located on Cliff Road and Rahncliff Road. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/LEXINGTON STANDARD COMPANY Mayor Egan introduced this item as a Conditional Use Permit for Lexington Standard Company, to Allow Outdoor Storage on Lots 33 and 34, Block 2, Eagandale Center Industrial Park Located along the South Side of Trapp Road in the Northeast Quarter of Section 3. Pawlenty moved, McCrea seconded a motion to approve the applicant's request that this item be continued indefinitely. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/CROSSTOWN SIGN This item was introduced by Mayor Egan as a Conditional Use Permit, Crosstown Sign, to Allow a Pylon Sign and a Variance to the 300 Foot Space Requirement on Lot 3, Robert O'Neill Homestead Addition Located at 2815 Dodd Road in the Southeast Quarter of Section 2. McCrea moved, Egan seconded a motion to approve a conditional use permit for Crosstown Sign to allow a pylon sign and a variance to the 300 foot spacing requirement on the above-referenced property. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/TOM THUMB STORES Mayor Egan introduced this item as a Conditional Use Permit for Tom Thumb Stores, to Allow Outdoor Storage on Lot 1, Block 1, Bicentennial Addition, Located along the South Side of Yankee Doodle Road in the Northeast Quarter of Section 16. City Administrator Hedges said the Advisory Planning Commission had considered this item at their July 23 regular meeting and had recommended denial. Director of Community Development Runkle said the City Code allows this application for outside storage through the conditional use permit process and the issue would be one of policy. 1 T: ^'1 Page 14/EAGAN CITY COUNCIL MINUTES August 6, 1991 Mr. Tim Wonzel, District Manager of Tom Thumb, said their request had been recommended for denial by the Advisory Planning Commission based on three issues. One issue was safety but he pointed out that an 8 foot sidewalk was available and any outside storage would still leave a great deal of walking space for customers. As to the non-compatibility issue, he said they were in compliance with the ordinance, as the outside storage was consistent with their neighbors and aesthetically did not harm adjacent property values. Lastly, Mr. Wonzel addressed the APC's concern that a precedent would be set. He said other convenience stores would like to participate and he did not believe the City Council should keep them from doing what other stores would like to do. In addition, lack of enforcement regarding outside storage at their previous location had led them to believe storage was allowed. City Attorney Sheldon said while a case could possibly be made for a pre- existing, nonconforming use at their previous location, it did not go with them when they moved. The City Council then discussed City policy on outdoor storage and enforcement at other locations. After further discussion, the question arose as to whether outside storage was a condition of Tom Thumb's previous conditional use permit for fuel sales. Egan moved, Wachter seconded a motion to continue the conditional use permit application for Tom Thumb stores for outdoor storage on Lot 1, Block 1, Bicentennial Addition to the August 20, 1991, regular City Council meeting for additional research on the issue of outside storage. Aye: 4 Nay: 1 (McCrea) PRELIMINARY PLAT/FEDERAL LAND COMPANY Mayor Egan introduced this item as a Preliminary Plat for the Oak Cliff 6th Addition, Federal Land Company, Consisting of Six Lots on Approximately 7.9 NB (Neighborhood Business) Zoned Acres Within the Winkler Jackson Planned Development and a Conditional Use Permit to Allow an Automotive Service Station in an NB District Located Along the Southwest Intersection of Cliff Road and Slater Road in the Northwest Quarter of Section 31. City Administrator Hedges said the Advisory Planning Commission had considered this item at their June 25 meeting and were recommending denial. Director of Community Development Runkle then described the development and its location. In answer to a question from Councilmember McCrea, Mr. Runkle said the on-site traffic concerns of the Advisory Planning Commission had been addressed, however, the access issue onto Cliff Road had yet to be resolved with the County. If access is permitted, Director of Public Works Colbert said there was no median at the present time to insure right-in/right-out access only. He said the County no longer recommends signage to control the right-in and right-out because it is widely ignored. Even though internal traffic issues have been addressed, questions still remain regarding internal traffic movement of the project and Director of Community Development Runkle asked that any approval also be made contingent upon traffic consultant Short Elliot Hendrickson's traffic review. McCrea moved, Gustafson seconded a motion to approve the preliminary plat of Oak Cliff 6th Addition subject to the following conditions including additional Conditions 21 and 22 imposed by the City Council: 1) These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al,B1,B2,B3,B4,C1,C2,C4,D1,El,Fl,G1,H1 2) The development shall provide for adequately signed trash enclosures and recycling containers, either contained within the building or attached to the building, made from the same building materials. 3) Rooftop mechanical equipment shall be screened. 4) All buildings shall be reviewed by the APC and approved by the City Council prior to construction. Page 15/EAGAN CITY COUNCIL MINUTES August 6, 1991 5) All signage shall be subject to the one-time sign fee of $2.50 per square foot. 6) The development shall provide for storm sewer to the southwest corner of the development. The storm sewer will be designed to pick up 14 cfs of storm water runoff from the existing church parking lot or designed to pick up one cfs of pond outlet flow from a pond to be constructed that will drain the church parking lot. 7) A manhole shall be installed at the right-of-way line of Slater Road where the existing sanitary sewer stub was provided. 8) The submitted traffic circulation shall be revised in accordance with the recommendations from Dakota County Highway Department. 9) A 100' half right-of-way for Cliff Road shall be dedicated. 10) The development shall be responsible for erosion/sediment control measures in accordance with City recommendations. 11) The slope easements required along the westerly and southerly boundaries of the development will be the responsibility of this development. 12) A conservation easement shall be provided over the 031 acres of existing trees and vegetation in the southeast corner of the site. 13) The development will be responsible for obtaining a 20' storm sewer easement from the property to the south if this development discharges storm water runoff into Pond AP-10. 14) The development shall provide an on-site or off-site pond with a surface area of 0.4 acres and a wet pond volume of 13 acre feet to meet the City's Water Quality Management Plan requirements. 15) The air intake pipes for SuperAmerica shall be located next to the building. 16) Condition 11.20, Subd. 10 C3.b. regarding automobile service stations, "b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space." 17) Berming will be required along Cliff and Slater Roads, where feasible. Overstory trees, as well as evergreens, shall be added along Cliff and Slater Roads. 18) All landscaped areas shall be irrigated. 19) Cross ingress/egress and parking easements shall be submitted prior to the Final Plat. 20) No outdoor storage/sales shall be permitted. 21) City Council approval is contingent upon Dakota County granting a right-in/right-out access onto Cliff Road. 22) City Council approval is also contingent upon the appropriate review and approval by City staff and traffic engineering consultant, Short Elliot Hendrickson, of the internal traffic patterns. Page 16/EAGAN CITY COUNCIL MINUTES August 6, 1991 Aye: 5 Nay. 0 McCrea moved, Pawlenty seconded a motion to approve a conditional use permit to allow an automotive service station at the previously referenced location with the provision that no outside storage is permitted. Aye: 5 Nay: 0 SINGLE FAMILY MORTGAGE BOND RESTRUCTURING Gustafson moved, Wachter seconded, a motion to approve direction to staff to continue to work with Springsted, Inc., to determine which underwriter would provide the most favorable single-family mortgage bond restructuring transaction for the City and then return to the City Council for ratification. Aye: 5 Nay. 0 E1S PROJECT 609/CLIFF ROAD AND RAHNCLIFF ROAD UPGRADE Action to approve the detailed plans and County cost participation agreement for Project 609 (County Project 32-26) was taken immediately following the public hearing for Project 609 earlier on the agenda. SPECIAL DEER HUNTING PERMIT Action to approve a special deer hunting permit requested by the Adelman family for a private hunt on their property was taken under Department Head Business earlier on the agenda. DRUG EDUCATION AND LAW ENFORCEMENT SPECIAL LEVY Gustafson moved, McCrea seconded a motion directing staff to request all three school districts within the City of Eagan to consider levying an additional Si per capita to reimburse the City of Eagan for costs involved with drug education and law enforcement. Aye: 5 Nay- 0 RESOLUTIONS/STAFFORD PLACE Gustafson moved, Wachter seconded a motion to approve the resolutions declaring Frontier Midwest Homes Corporation and Delta Development Incorporated in default of their obligations under the development contract for Stafford Place. Aye: 5 Nay: 0 R-91.50 POLICY DETERMINATION/ALCOHOLIC BEVERAGES AT CITY FUNCTIONS City Administrator Hedges said this item was brought to the City Council for a policy decision because of the insurance exposure associated with the consumption of alcoholic beverages at City-sponsored events. He said there were concerns not only about the perceptions involved but also the financial responsibility of the City should an accident occur. Questions arose as to whether consumption of alcoholic beverages in City parks should be allowed in view of health and safety issues as well as whether City employees should be held to a higher standard than that expected of others. City Administrator Hedges said at Council's direction, he would further research the matter with the City Attorney in an attempt to find a suitable solution and then bring it back to the City Council for ratification at a future meeting. Page 17/EAGAN CITY COUNCIL MINUTES August 6, 1991 DIRECTOR OF PUBLIC WORKS/PROJECT 601 Egan moved, McCrea seconded a motion to approve a resolution for Project 601 (Lexington Avenue/Lone Oak Road Intersection Reconstruction) restricting on-street parking for Lone Oak Road (County Road 26) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay. 0 DIRECTOR OF PUBLIC WORKS/PRE"IIYMAN HEIGHTS ADDITION/ DECLARATION OF DEFAULT Director of Public Works Colbert said that staff was close to agreement with developers of the Prettyman Heights Addition and requested a continuance to the August 20, 1991 regular City Council meeting. No action was taken at this time. SPECIAL CITY COUNCIL MEETING A special City Council meeting was set for August 27, 1991. : C' ' Wachter moved, Egan seconded a motion to approve the checklist dated July 31, 1991 in the amount of $1,823,327.42 and the checklist dated August 6, 1991 in the amount of $1,613,494.13. Aye: 5 Nay: 0 The City Council adjourned the regular meeting at approximately 12:45 a.m. on August 7, 1991. KF CITY OF EAGAN E. anOverbeke City Clerk .'.Jai. PLUMBERS LICENSES AUGUST 6, 1991 1. Wayne Dauwalter Plumbing 2. Erickson Plumbing, Heating a Cooling 3. Hutton i Rose, Inc. 4. Larry's Plumbing, Inc. 5. Reilly Plumbing, Inc. 6. Richie's Plumbing 7. Team-South Minneapolis Plbg. & Htg. 8. Plumbing & Heating Economizer, Inc. 9. Courteau Plumbing