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1991-08-20 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota August 20, 1991 A regular meeting of the Eagan City Council was held on Tuesday, August 20, 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, and City Attorney James Sheldon. tski City Administrator Hedges stated that if discussion is lengthy on Consent Agenda Item C, Final Plat for West Publishing 5th Addition, and Consent Agenda Item N, Contract 91-08, Receive Bids/Award Contract (Wilderness Run Road), they may be pulled from the Consent Agenda for further discussion and separate action. Pawlenty moved, Gustafson seconded, a motion to approve the agenda for the August 20, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 Councilmembers Wachter and Gustafson asked that cancellation of Project 601, Lexington Avenue/Lone Oak Road - Intersection Reconstruction and Signalization be clarified to reflect their concerns about the lack of residential and business access at this intersection. Pawlenty moved, Gustafson seconded, a motion to approve the minutes of the August 6, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 POLICE DEPARTMENT/DNR ALTERNATIVE DEER CONTROL PROGRAM After introduction by Mayor Egan, City Administrator Hedges explained this request from the Department of Natural Resources as a special hunt to control the number of deer in the Fort Snelling State Park, the Minnesota Valley National Wildlife Refuge and certain open space lands in Bloomington. The hunt would be three weekends in late November/December. The DNR has also asked that the City's ordinance be changed to include a provision for minors to hunt but only when accompanied by a participating adult. Jon Parker, Area Wildlife Manager, said the ordinance change would be more restrictive than hunts in the past and give the DNR a little more control over the hunt. The DNR is attempting to maximize their efforts so that sharpshooters will not be needed to bring the deer population under control. Mr. Parker said that a regular deer hunting license will be necessary before a hunter can participate in this hunt; however, they will not have to buy a bonus license unless and until their names are drawn as one of the participants. Councilmember Gustafson questioned whether being required to buy a regular and bonus hunting license would encourage participation. He recommended a less costly method of allowing a permit for this hunt only. Mr. Parker said that while the DNR would like more latitude in staging such special hunts, they are not authorized by law to do so. After further discussion, Gustafson moved, Wachter seconded, a motion to authorize the 1991-1993 alternative deer control program at Fort Snelling State Park as requested by the Department of Natural Resources. Aye: 5 Nay: 0 PAGE 2/EAGAN CITY COUNCIL MINUTES August 20, 1991 Gustafson moved, Wachter seconded, a motion to approve an ordinance amendment regarding minors participating in the DNR special hunting season and authorized the City Attorney to draft formal language to that effect for ratification by the City Council at the September 3, 1991, regular City Council meeting. Councilmember Wachter asked that the hunt be reevaluated by staff in one year. Aye: 5 Nay. 0 POLICE DEPARTMENT/SPECIAL HUNTING PERMIT Gustafson moved, Egan seconded, a motion to approve a hunting permit for bow and arrow deer hunting for Chris Holste, 1667 Mallard Drive, on property owned by Larry Wenzel at 1505 Diffley Road. Aye: 5 Nay. 0 As indicated at the beginning of the meeting, further discussion was necessary for Item N, Contract 91- 08 (Wilderness Run Road); however, Director of Community Development Runkle said that everything was in order for Item C, Final Plat for West Publishing, to proceed. Director of Public Works Colbert said that as a result of reviewing the accuracy of the bid extensions and additions for Contract 91-08, an error was discovered resulting in a change in the low bidder. The new low bidder is Palda & Sons, Inc. This item was returned to the Consent Agenda for consideration and approved with that motion. A. Personnel Items Item 1. Part-Time Clerical Tech III/Central Services Maintenance (Job Share)--It was recommended that the hiring of Cherie Kempe as a part-time Clerical Tech III for Central Services Maintenance be approved subject to the successful completion of the physical examination requirement. Item 2. Seasonal Forestry Aide--It was recommended that the hiring of Mark Buesgens as a Seasonal Forestry Aide be approved. Item 3. Seasonal Parks Maintenance Worker--It was recommended that the hiring of Jonathan McMahon as a Seasonal Parks Maintenance Worker be ratified. Item 4. Seasonal Parks Maintenance Worker--It was recommended that the hiring of George Sellner as a Seasonal Parks Maintenance Worker be approved. B. License. Four Amusement Devices at Durnings Restaurant. Dahlco Vending and Music It was recommended that a license for four amusement devices to be placed at Durnings Restaurant, as applied for by Alex Graham of DVM, Inc., Dahlco Music and Vending, be approved. C. fFinal Plat. West Publishing It was recommended that the final plat for West Publishing 5th Addition be approved. R-91.51 PAGE 3/EAGAN CITY COUNCIL MINUTES :t August 20, 1991 D. Project 589R. Special Assessment Agreement for West Publishing (Elrene Road) It was recommended that a special assessment agreement for West Publishing Project 589R (Elrene Road) be approved and the Mayor and City Clerk authorized to execute said agreement subject to the dedication of the appropriate easements. E. Project 89-X. Acknowledge Completion/Authorize City Maintenance (CoventrrPass - Streets & Utilities) It was recommended that the completion of Project 89-X (Coventry Pass - Streets & Utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty conditions of the development agreement. F. Project 90-Z. Acknowledge Completion /Authorize City Maintenance (Town Centre 100 - 9th Addition Vehicle Emission Testing Facility - Storm Sewer) It was recommended that the completion of Project 90-Z, Town Centre 100 - 9th Addition Vehicle Emission Testing Facility Storm Sewer, be acknowledged and perpetual City maintenance authorized subject to appropriate warranty conditions of the development agreement. G. Project 87-HH. Acknowledge Completion /Authorize City Maintenance (Hidden Valley- Streets & Utilities) It was recommended that the completion of Project 87-HH, Hidden Valley - Streets & Utilities, be acknowledged and perpetual City maintenance authorized subject to appropriate warranty conditions of the development agreement. H. P oject 621. Receive Petition/Authorize Feasibility Report & Detailed Plans (Manor Lake 4th Addition - Streets & Utilities) It was recommended that the petition be received and preparation of a feasibility report and simultaneous preparation of detailed plans and specifications for Project 621 (Manor Lake 4th Addition - Streets & Utilities) authorized. 1. Project 598. Receive Final Assessment RollJOrder Public Hearing(Gala)de Cliff Plaza 2nd Addition - Streets & Utilities) It was recommended that the final assessment roll for Project 598 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) be received and the public hearing scheduled to be held September 16, 1991. J. Project 583. Receive Final Assessment Roll /Order Public Hearing (Park Center Addition - Streets & Utilities It was recommended that the final assessment roll for Project 583 (Park Center Addition - Streets & Utilities) be received and the public hearing scheduled to be held September 16, 1991. K Project 577. Receive Final Assessment Roll /Order Public Hearing(Rusten Road - Streets & Utilities It was recommended that the final assessment roll for Project 577 (Rusten Road - Streets & Utilities) be received and the public hearing scheduled to be held September 16 1991. PAGE 4/EAGAN CITY COUNCIL MINUTES August 20, 1991 L. Contract 91-09. Approve Plans/Authorize Advertisement for Bids (Well #1Q It was recommended that the plans and specifications for Contract 91-09 (Well #16) be approved and the advertisement for a bid opening authorized for 10:30 a.m. on Friday, September 3, 1991. M. Contract 91-10. Approve Plans/Authorize Advertisement for Bids (North Well Field Transmission Main) It was recommended that the plans and specifications for Contract 91-10 (North Well Field Transmission Main) be approved and the advertisement for a bid opening authorized for 11:00 am. on Friday, September 13, 1991. N. Contract 91-08 (Receive Bids/Award Contract (Wilderness Run Road - Reconstruction) It was recommended that the bids for Contract 91-08 (Wilderness Run Road - Reconstruction) be received and the total base bid plus Alternate #1 be awarded to Palda & Sons, Inc., the lowest responsible bidder, subject to Municipal State Aid approval. 0. Project 592. Receive Final Assessment Roll/Order Public Hearing (Wilmus Addition - Trunk Storm Sewer) It was recommended that the final assessment roll for Project 592 (Wilmus Addition - Trunk Storm Sewer) be received and the public hearing scheduled to be held September 16, 1991. P. Project 597. Receive Final Assessment Roll/Order Public Hearing (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer) It was recommended that the final assessment roll for Project 597 (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer) be received and the public hearing scheduled to be held September 16, 1991. Q. Contractual Snow Removal Snow Services. Approve Specifications/Authorize Solicitation of Ouotations It was recommended that the specifications for contractual snow removal services be approved and the solicitation of competitive quotations authorized with a bid opening date scheduled for 11:00 a.m., Friday, September 13, 1991. R. Vacate Public Right-of-Way. Receive Petition/Order Public Hearing (Nicols Road) It was recommended that the petition be received and a public hearing scheduled to be held on September 16, 1991, for a portion of Nicols Road public right-of-way. Wachter moved, McCrea seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 MEADOWVIEW ROAD Mayor Egan introduced this item as a public hearing for Project 615, Meadowview Road (Streets & Utilities). PAGE 5/EAGAN CITY COUNCIL MINUTES f., August 20, 1991 Mr. Len Newquist, of Short-Elliott-Hendrickson, provided background on the project location, the intended improvements, the estimated assessments and the properties proposed to be assessed. Director of Public Works Colbert said that no easement or right-of-way acquisition costs had been included in the feasibility report. Mr. and Mrs. Wayne Goldsworthy, 3083 Sibley Memorial Highway, were represented by their daughter who said all the businesses in the area have access on Terminal Drive and wondered why Meadowview Road needed to be upgraded and why it needed to be done now. Director of Public Works Colbert said that because Meadowview Road is a gravel road, it is becoming difficult as well as costly to maintain. The City has evaluated and prioritized all the streets in the community and based upon complaints and increasing maintenance costs, upgrading is indicated. It is one of the few industrial roads in Eagan that is gravel. Deferments and "use vs zoning classification" were then discussed. The current underlying zoning in the area is Light Industrial. Director of Public Works Colbert said there are no deferments available other than green acres or senior citizen but a special agreement could be explored which would defer a portion of the Goldsworthy's assessment until the property is converted to it highest and best use. Mr. Dave Schneider, representing United Stationers, also objected to the upgrading of Meadowview Road as not needed. Additionally, he pointed out that his company had not granted any easements to the City to widen the road. Director of Public Works Colbert said that the right-of-way was granted with the platting of the property. Additionally, City Attorney Sheldon explained that easement and right-of-way acquisition costs are a cost of the project and will be included at the final assessment hearing. Mr. Dave Reese, who lives on the east side of Highway 13 asked if he was included in the project and was told his property was included in the storm sewer area assessment. Because of the many questions raised, Director of Public Works Colbert said additional alternatives could be looked at including a shorter cul de sac, looping the streets, doing more soil borings, etc. He said the method of assessment had been difficult to determine and suggested that an alternate assessment roll also be studied. The Council agreed there were too many open-ended questions and suggested a new feasibility study. Councilmember Gustafson initially moved that the public hearing be closed and staff directed to prepare a revised feasibility report for Project 615, Meadowview Road (Streets and Utilities). After further consideration, Gustafson rescinded his motion and Wachter moved, Gustafson seconded, a motion to close the public hearing and deny Project 615, Meadowview Road (Streets and Utilities) with direction to staff to revise the feasibility report for this project and after presentation to the City Council, renotice all affected property owners for a new public hearing. Aye: 5 Nay: 0 PRETIYMAN HEIGHTS/DECLARATION OF DEFAULT Wachter moved, Pawlenty seconded, a motion to place consideration of the Prettyman Heights Declaration of Default at a later point on the agenda. Aye: 5 Nay: 0 PAGE 6/EAGAN CITY COUNCIL MINUTES August 20, 1991 RESOLUTION/MPCA AIR EMISSION PERMIT SENECA PLANT Mayor Egan introduced this item as a resolution regarding the City's position on the Minnesota Pollution Control Agency's Air Emission Permit for the Seneca Waste Water Treatment Plant. City Administrator Hedges provided background and said that resident, John Westley, and Leslie Davis of Earth Protector, Inc., had requested a contested case hearing on the issuance of an emission permit from the MPCA for the Seneca Plant. Because of this action, the Metropolitan Waste Control Commission had indicated they will not be able to meet the deadlines previously agreed upon for the completion of incinerator improvements and the N-Viiro project at the Seneca Plant. Concerns were expressed about the delay of the installation of this equipment. The neighboring residents have been frustrated by delays and have worked very hard to achieve this process. Gustafson moved, McCrea seconded, a motion to approve the resolution as shown in Exhibit A regarding the City's position on the MPCA air emission permit for the Seneca Waste Water Treatment Plant. City Attorney Sheldon said if authorized, the MWCC could be asked to request separate permits for the N-Viro and incineration processes so if one is continued, the other can proceed. John Westley, 1747 Bluebill Drive, said that there is a misconception regarding the contesting of the MPCA permit. He said everyone wants the N-Viro process as soon as possible; however, it is the incineration process that he has called into question. He said the money being spent to install the incinerator improvements would be better spent pursuing other alternatives. In answer to a question from the City Council, City Attorney Sheldon said there is some disagreement on whether either the N-Viro or incineration process can proceed independent of the other; however as it stands now, the MPCA's position is that the MWCC cannot continue. Mr. Westley said he had met with an MPCA staff member who stated that the MWCC could amend the permit to allow N-Viro only. Discussion then turned to the repercussions of a delay in permit approval. City Attorney Sheldon said that the MWCC has indicated they cannot negotiate an amendment to the development contract dates for installation of odor control equipment until they receive the MPCA permit. In addition, the development contract provides that if a governmental agency does not issue the necessary permits, the MWCC performance is delayed. In reference to Mr. Westley's remarks, Mr. Sheldon said the City has a development agreement with the MWCC with the requirement that the odor problems must be addressed; however, it is the consensus of opinion that the MWCC Board is not likely to discard incineration as a method of disposal. Aye: 5 Nay- 0 Gustafson moved, Pawlenty seconded, a motion to send the letter outlined in Exhibit B to the Metropolitan Waste Control Commission. Aye: 5 Nay. 0 R-91.52 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 NE 1/4 of Sec 16. Director of Community Development Runkle asked that this item be continued to allow staff and the City Attorney's office the opportunity to research and define "outside storage." He said the City Code does not provide a definition of outside storage and suggested it be amended before consideration of this conditional use permit. PAGE 7/EAGAN CITY COUNCIL MINUTES is August 20, 1991 The Council recommended that some thought also be given to the amount of sidewalk required to remain for walking if sidewalk storage is in question and whether different standards should apply to applicants housed in free-standing buildings versus part of a mall. Pawlenty moved, Wachter seconded, a motion to continue to the October 15, 1991 regular City Council meeting the conditional use permit application for Tom Thumb Stores to allow outdoor storage on Lot 1, Block 1, Bicentennial Addition, and to direct staff to research and define "outdoor storage" for amendment to the City Code. Tim Wonzel, District Manager for Tom Thumb said they have done everything required under the present City Code in applying for a conditional use permit for outside storage and asked why it was necessary to continue this item. The Council pointed out that in the interests of consistency, it is important to have a uniform definition of outside storage. Mr. Wonzel suggested that when studying outside storage, that staff also look at: grocery carts, pop machines, and paper vending boxes. After further discussion, it was determined that no enforcement of outside storage restrictions will take place until a decision is made on an amendment to the ordinance. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/EVEN YEAR ELECTIONS Mayor Egan introduced this item as an amendment to the ordinance for even year elections, City Code Chapter 2, Section 2.15. City Administrator Hedges said even year elections are being proposed as a cost savings to the City and no terms are being extended by this action. There is no gain or benefit to any member of the City Council by this change. There was no public comment. The City Council noted that there would be election cost savings as well as the savings in staff time. Concerns were expressed regarding the possible negative effects on local elections but was considered worth trying. Councilmember Pawlenty said the Council may wish to consider forming a Charter Commission to study issues such as this in the future. Pawlenty moved, McCrea seconded, a motion to approve an amendment to City Code Chapter 2, Section 2.15, authorizing even year elections for City offices. Aye: 5 Nay. 0 UsI1~ PRETTYMAN HEIGHTS/DECLARATION OF DEFAULT After introduction by Mayor Egan, City Administrator Hedges said that staff had anticipated receiving a check from the developer of Prettyman Heights; however, it had not been received. It was staff's recommendation that the City Council proceed with the declaration of default. Pawlenty moved, McCrea seconded, a motion to declare the development of the Prettyman Heights Addition in default and authorize the liquidation of the financial security and initiation of appropriate action to secure compliance with the development contract. Aye: 5 Nay. 0 PAGE 8/EAGAN CITY COUNCIL MINUTES August 20, 1991 ORDINANCE AMENDMENT/ANIMAL BITES McCrea moved, Wachter seconded, a motion to approve an ordinance amendment to City Code Chapter 10, entitled "Public Protection, Crimes & Offenses" by amending Section 10.11, Subdivision 14, regarding rabies control; and by adopting by reference Eagan City Code Chapter 1 and Section 2.99. Aye: 5 Nay. 0 CONSIDER PETITION REQUEST STOP SIGNS Mayor Egan introduced this item as consideration of a petition request for stop signs on Turquoise Trail at the intersection of East Beryl Road and Serpentine Drive and their installation. City Administrator Hedges said a petition had been received from property owners on Turquoise Trail and their request had been reviewed and evaluated by both the Public Works Department and Police Department. Director of Public Works Colbert said installation of stop signs at these locations was evaluated, however, neither met the necessary criteria. City Councilmember McCrea suggested a more lenient view of stop sign placement on this street because of the large number of petitioners and the number of children and day care homes on Turquoise Drive. Councilmember Gustafson cited the hazards involved with placing a stop sign at an intersection that does not warrant one; however, said he would support a stop sign at Serpentine and Turquoise Drives. There is a significant amount of traffic on Turquoise and while there doesn't seem to be an inordinate amount of traffic coming onto Turquoise at East Beryl, the amount of traffic coming off Serpentine may present a unique situation and justify a stop sign. Councilmember Gustafson mentioned that there are directional and informational signs on this street that are presently obscured by overhanging branches and brush, and recommended that staff see to their visibility. Because of the heavy traffic on Turquoise Trail, the large number of vehicles coming into its intersection with Serpentine, the proximity to Peridot Path Park, and the curvature of Turquoise Trail near this intersection, Gustafson moved, Wachter seconded, a motion to approve the installation of a stop sign on Turquoise Trail at the intersection of Serpentine Drive. (A stop sign at East Beryl and Turquoise was not approved). Rick Johnson, 1932 Turquoise Trail, thanked the City Council for the stop sign and then asked that they consider a stop sign at Pumice and Turquoise at some time in the future. Aye: 5 Nay 0 TEMPORARY SIGN REQUEST Gustafson moved, Wachter seconded, a motion to approve a temporary sign request for Maurer Construction to place two, 4' X 4' Parade Home signs at the quadrants of Wescott and Elrene Roads and Yankee Doodle and Elrene Roads with their removal to be no later than October 1, 1991. Aye: 5 Nay. 0 VARIANCE/JOE MILLER CONSTRUCTION After introductions by Mayor Egan and City Administrator Hedges, Community Development Director Runkle said the developer had requested a continuance at the last City Council meeting in order to conduct a neighborhood meeting. Brian Olson of Joe Miller Construction said a neighborhood meeting had been held on August 19 at which time the neighbors' concerns were addressed. No residents were in the audience to address this issue. PAGE 9/EAGAN CITY COUNCIL, MINUTES August 20, 1991 Because of the steep slope and pond in the rear portion of the lots, Gustafson moved, Wachter seconded, a motion to approve the variances of 10' to the required 30' front yard setback for Lots 4, 5, and 6, Block 4, Sunrise Hills Addition. Aye: 5 Nay: 0 WAIVER OF PLAT/BARBARA SHIELDS Mayor Egan introduced this item as a waiver of plat for Barbara Shields, and Lot Width Variance to Allow a Tax Parcel Separation on Lot 2 and 3, Block 1, Tara Court Located Along the South Side of Lone Oak Road East of Pilot Knob Road in the NW 1/4 of Section 10. Community Development Director Runkle said that the property owner had originally planned to subdivide this property but had decided there would be no further subdivision. Gustafson moved, Pawlenty seconded, a motion to approve a waiver of plat application for Barbara Shields for Lots 2 and 3, Block 1, Tara Court Addition, subject to the following conditions: 1. A variance to allow the lot width of 25' for Lot 3. 2. No other access points on to Lone Oak Road. 3. A recording of the waiver of plat within 60 days of Council action with verification to the City. 4. A required 30' drainage and utility easement for the existing sanitary sewer. Said easement has a bearing of south 68 degrees, 43 minutes, 39 seconds west. 5. A recording of a lot combination Agreement to combine that portion of the split of Lot 3 with Lot 2 for tax purposes. Aye: 5 Nay. 0 R-91.53 LEMBKE TRUCKING COMPANY/CONDITIONAL USE PERMIT STATUS Mayor Egan introduced this item as a review of the status of the Lembke Trucking Company's conditional use permit. City Administrator Hedges said that a settlement agreement had been reached with Mr. Lembke in 1986; however, staff had been monitoring a number of violations. Mr. Hedges said that the City Attorney's office was proposing that the City begin an action against Mr. Lembke for violation of the 1986 order and distributed a memorandum from that office outlining recommendations for Council action. Pawlenty moved, Gustafson seconded, a motion to authorize the following courses of action: 1. Authorize the City Attorney's office to bring an action in District Court seeking: a) the $100.00 per day damages for violation of the conditions pursuant to paragraph 3 of the 1986 Order, and b) temporary and permanent injunctions preventing Mr. Lembke from operating his trucking company without complying with the conditions listed in Exhibit A to the 1986 Order. 2. Commence proceedings to revoke Mr. Lembke's conditional use permit that was reinstated pursuant to the 1986 Order. This process requires a public hearing. To provide proper notice for that hearing, the Council hereby sets the public hearing for September 16, 1991, during its regularly scheduled meeting. Aye: 5 Nay: 0 PAGE 10/EAGAN CITY COUNCIL MINUTES August 20, 1991 RESCHEDULE SPECIAL CITY COUNCIL MEETING Pawlenty moved, Gustafson seconded, a motion to cancel the August 27, 1991, special City Council meeting and schedule September 3, 1991, at 6:00 p.m. and September 10, 1991, at 5:00 p.m. as special City Council meeting dates. Aye: 5 Nay: 0 Wachter moved, Egan seconded, a motion to approve the checklist of August 20, 1991, in the amount of $993,250.90. EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 9:15 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, 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 10:00 p.m. KF CITY OF EAGAN ~1 N ~bl 4A 4JOverbeke, City Clerk