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1991-09-03 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota September 3, 1991 A regular meeting of the Eagan City Council was held on Tuesday, September 3, 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. City Administrator Hedges and City Attorney Sheldon recommended an Executive Session at the end of the regular City Council agenda regarding the issue of threatened litigation. City Attorney Sheldon also requested an additional item to be added to the regular agenda in order to discuss the Kingswood Addition's letter of credit. Consent Agenda, ADD: Final Plat, Lexington Pointe 7th Addition. New Business, Item J, Conditional Use Permit, Holiday Station Stores, Inc., to Allow Outdoor Storage and Displays. Council may wish to discuss; however, in order to be consistent with a similar Conditional Use Permit application from Tom Thumb Stores, staff will request a continuance. Pawlenty moved, Wachter seconded, a motion to approve the agenda for the September 3, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 `1'II~IZiTES Councilmember Gustafson asked the first sentence of paragraph 4 on page 8 be clarified to read: "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)." McCrea moved, Wachter seconded, a motion to approve the minutes for the August 20, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 qgWAV$WW Dr. R. J. Rehwaldt, Superintendent of School District 196, spoke to the City Council and audience regarding an upcoming bond referendum and then answered questions. The two questions that will be put before the voters in November are a $3.5 million levy referendum and a $36.5 million bond referendum. After discussing the property tax impact on the average Eagan home and further discussion of the particulars of the upcoming referendums, Dr. Rehwaldt answered City Council's questions. No formal action was necessary on this item. POLICE DEPARTMENT/SPECIAL HUNTING PERMIT Mayor Egan introduced this item as a Special Hunting Permit for John Yanta, 2927 Ewing Avenue South, Minneapolis. City Administrator Hedges said this is the third special hunting permit Mr. Yanta has applied for and it is for bow and arrow as well as shotgun hunting. The City Council then discussed whether the City should continue to consider special hunting permits. Councilmember Gustafson said that all approved permits have been for the same area of the City. None have been allowed south of Highway 13 with the exception of a hunting permit issued to prevent crop damage and the Diamond T Ranch application. A number of concerns were shared regarding the use of firearms within the City, however, it was pointed out this is the same area as the DNR special hunt. Councilmember Wachter said he is not in favor of killing the deer, however, for road safety, he recognized that their numbers had to be controlled. Gustafson moved, Egan seconded a motion to approve a hunting permit for John Yanta of 2927 Ewing Avenue South in Minneapolis. Mayor Egan said it should be noted that the adjacent property owners have requested that no hunting spill over onto their property. Aye: 4 Nay: 1 (McCrea) <C1E`£D City Administrator Hedges noted that the final plat for the Lexington Point 7th Addition would be included for consideration with the Consent Agenda. A. Personnel Items Item 1. Assistant Utility Billing Clerk/Finance Department--It was recommended that the hiring of (blank) as the Assistant Utility Billing Clerk be approved subject to the successful completion of the physical examination requirement. Item 2. Seasonal Park Maintenance Workers--It was recommended that the hiring of Brian Banaszewski, Brian Kruse, Velta Jean Martin and Glen Wallace as Season Park Maintenance Workers and Layne Anderson as a Seasonal Forestry Aide be approved. Item 3. Seasonal Park Attendant--It was recommended that the hiring of Robert Merrill as a Seasonal Park Attendant be ratified. B. Plumbers Licenses It was recommended that Plumbers Licenses for: 1) Aqua City Plumbing, 2) Central Plumbing Service, 3) Kolar & Company Mechanical, 4) Robillard Plumbing and 5) Roseville Plumbing and Water Softener License for: Meadowbrook Water, Inc., be approved. C. Licenses. Wally Shaver. Amusement Devices at Durnings Restaurant It was recommended that a license for two amusement devices to be placed in Durning's Restaurant as applied for by Wally Shaver of Replay, Inc., be approved. D. Receive Bids/Award Contract - Municipal Buildings Phone Sys em It was recommended that the bids be received and the contract for the Municipal Buildings phone system be awarded to Matrix Communication. 'a J Page 3/EAGAN CITY COUNCIL MINUTES September 3, 1991 E. Ratify Notices to Isaacson and Fritz Regarding Removal of Trailers It was recommended that the Findings of Fact and Resolutions Denying Renewal of Special Use Permits for Mobile Homes Used for Habitation for Doug Isaacson and Marvin and Verne Fritz be approved. R-91.53.1 & R-91.53.2 F. License. Shows and Solicitation Permit for Mitch KnollAutumn. Inc. It was recommended that the shows license and solicitation license for Mitch Knoll of Autumn, Inc., for Haunted Hayrides be approved. G. Ratify. Joint Powers Agreement. Firearms Training Facub It was recommended that the joint powers agreement between the cities of Eagan and Apple Valley for a firearms training facility be approved. H. Proclamation in Support of Dakota Fun Fest. September 21, and 22. 1991 It was recommended that a proclamation proclaiming September 21 and 22, 1991, as Dakota Fun Fest Days in the City of Eagan be approved. 1. Project 588. Receive Final Assessment Roll/Order Public Hearing (Silver Bell Road - Water Main) It was recommended that the final assessment roll for Project 588 (Silver Bell Road - Water Main) be approved and a public hearing scheduled to be held October 1, 1991. J. Project 585, Receive Final Assessment Roll/Order Public Hearing (West Publishing 3rd Addition - Trunk Storm Sewer) It was recommended that the final assessment roll for Project 585 (West Publishing 3rd Addition - Trunk Storm Sewer) be approved and a public hearing scheduled to be held October 1, 1991. K Project 533, Receive Final Assessment Roll/Order Public Hearing (Diffley Road - Streets & Utilities) It was recommended that the final assessment roll for Project 533 (Diffley Road - Streets & Utilities) be approved and a public hearing scheduled to be held October 1, 1991. L. Vacate Drainage & Utility Easements. Receive Petition/Order Public Hearing (Lots 7.8. & 9. Block 5. Burr Oak Hills 2nd Addition It was recommended that the petition to vacate drainage and utility easements for Lots 7, 8, & 9, Block 5, Burr Oak Hills 2nd Addition be received and a public hearing scheduled for October 1, 1991. M. Resolution Authorizing Finance Director to Declare Intent to Reimburse Costs of Improvement Per jects with Bond Proceeds It was recommended that a resolution be approved authorizing the Finance Director to declare intent to reimburse costs of improvement projects with bond proceeds. R-91.54 Page 4/EAGAN CITY COUNCIL MINUTES * ~a September 3, 1991 N. Final Plat/S Todd Rapp Addition It was recommended that the Final Plat for the S Todd Rapp Addition be approved. R-91.55 0. Contract 89-09. Approve Final Payment/Authorize City Maintenance (Johnny Cake Ridge Road - Streets & Utilities) It was recommended that the 6th and final payment for Contract 89-09 be approved in the amount of $3000 and City maintenance authorized subject to all appropriate warranty provisions. P. Vacate Utility Easement. Receive Petition/Order Public Hearing (Unisys Park 2nd Addition) It was recommended that the petition to vacate the utility easement (Unisys Park 2nd Addition) be received and a public hearing scheduled for October 1, 1991. 0. License. Tree Maintenance Contractor. Gary Amundsen Tree Removal It was recommended that the tree maintenance contractor license for Gary Amundsen Tree Removal be approved. R. Final Plat. Lexington Pointe 7th Addition It was recommended that the final plat for the Lexington Pointe 7th Addition be approved. R -91.56 Wachter moved, McCrea seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUB C<HEAR:INGS FINAL ASSESSMENT HEARING/DELINQUENT UTILITY BILLS McCrea moved, Pawlenty seconded a motion to close the public hearing and to approve the final assessment roll for delinquent utility bills as listed in Exhibit A, and authorize the certification to the County for collection. Mr. Richard M. Martinek, of 1250-A Dunberry Lane, said his property is shown as having delinquent water and sewer bills, however, he wasn't the property owner when these costs were incurred. After a question from Councilmember Pawlenty, City Attorney Sheldon said that a lien against the property for the payment of these bills runs with the property, not with the property owner no matter who had incurred the bill. He said it was fortunate that title insurance had been taken out by the property owner as the insurance should pay this bill. The motion was then amended. McCrea moved, Pawlenty seconded a motion to close the public hearing and to approve the final assessment roll for delinquent utility bills as listed in Exhibit A with the exception of Parcel #101710401201, Account #113087077 and #113087078 in the amounts of $40.96 and $7.17, respectively, and authorize the certification of the remainder to the County for collection. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES September 3, 1991 PROJECT 372/I-35E/STREETS & UTILITIES After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert provided background on Project 372 which was originally approved in 1984 and has been a pending assessment since that time. He went on to say that written objections had been received from Leo Murphy, Francis Franz and Cellular One, which is purchasing a portion of the Francis Franz property. He then provided history on actions taken by the former Special Assessments Committee in regard to the Francis Franz and Anna Heuer properties. He added since City Council action last year provided that sidewalks and trailways would no longer be assessed, they have been removed from the final assessment roll for this project. Mayor Egan asked why there had been a significant increase in the sanitary sewer rate charge since the original feasibility report as all other charges seemed relatively consistent. Mr. Colbert said the major reason was related to the application of construction financing interest for 7# years until the project could finally be approved. Leo Murphy informed the Council that when I-35E was constructed, a change in the original alignment resulted in a significant cost savings to the State which in turn was used to construct a portion of Deerwood Drive. Because of this agreement, Mr. Murphy did not understand why he had received a street assessment since the State had paid for the road. Director of Public Works Colbert explained that the streets were not looked at individually and, in keeping with City policy, the total cost to the City for street improvements had been spread against all benefitting properties. Mayor Egan asked the City Attorney if it would present any problems to the City if Deerwood Drive had been constructed with State funding and then a single uniform assessment rate applied to the project with all like properties being assessed equally. The City Attorney said this would not present a problem. Director of Public Works Colbert said it would have been inappropriate for the State to tell homeowners that their street would be installed without cost to them. In addition, he added that nothing could be found in the minutes which would indicate a split or larger percentage of cost participation by the State on this project. Mr. Colbert said that while all work on Project 372 was done by the State or State contractors, the City was required to pay for those improvements and at times, the improvements went beyond the State's portion of the project. Mr. Murphy then referred to an agreement that because of the change in the height of the street, the State would pay for the installation of storm sewer. Again, Mr. Colbert said nothing could be found in the minutes to reflect those claims. Mr. Reid Hanson, an attorney representing the Franz's and Doehling's, said his clients believed that because of the relocation of the bridge they would not have to pay for the upgrade of Deerwood Drive and this belief affected decisions they made. He said it was also unfair to assess on a front footage basis because when the State realigned Deerwood Drive, it effectively bifurcated Francis Franz's property and now the City is assessing both sides of the street. Mr. Hanson said if the street had stayed as originally planned, it would have resulted in less front footage being assessed. In closing, Mr. Hanson said that the City cannot assess for financing constructions costs and Attorney General's decision 59-A-4 of April 12, 1969, addresses that issue. Mary Sincus, representing the new owners of the Royal Oaks property, filed Notice of Written Objection. The public hearing was then closed for public comment. Mayor Egan asked City Attorney Sheldon, based on some of the objections that had been filed, whether it would be appropriate to close the public hearing and approve the project. City Attorney Sheldon said he was not uncomfortable with such action because as in the past, research will continue and some issues will be brought back to the City Council for resolution and some could possibly go on to court. Mayor Egan then noted the City's formal assessment policy whereby regardless of the source of revenue financing, if benefit is shown, the City will assess on an equitable/equal basis to all parcels benefitted so long as the City participates in the financing. FYI%t~ Page 6/EAGAN CITY COUNCIL MINUTES September 3, 1991 Noting all objections, Gustafson moved, McCrea seconded a motion to close the public hearing and approve the final assessment roll for Project 372 (I-35E, Streets & Utilities) and authorized its certification to Dakota County. Aye: 5 Nay: 0 VACATION/MANOR LAKE ADDITION Mayor Egan introduced this item as the Vacation of the Drainage and Utility Easement (Lots 7, 8 and 9, Block 1, Manor Lake Addition, and Lots 1 and 2, Block 5, Manor Lake 2nd Addition). Director of Public Works Colbert said this vacation is necessary because five lots have been replatted into four lots as the S Todd Rapp Addition, approved earlier in the meeting. Mr. Colbert said the utilities' systems have already been installed on the common lot lines and with the replat, the developer has committed to removing one set of these sewer and water services and relocating the City's storm sewer system to another common lot line in order to maintain adequate drainage. He said the City's concerns have been addressed through the new development agreement and the utilities will be relocated accordingly. Because the City has no control over the installation of private utilities, however, the City did not require the relocation of those services as a part of the final plat process. Mr. Colbert then spoke to the issue of private utilities. He said letters from U.S. West and Dakota Electric had been received asking that the City condition any approvals on the developer being responsible for the relocation of private utility pedestals. The City has notified the utility companies that it is not appropriate to make this a condition of final plat approval and because the City was not involved in the original placement of private utilities, it will not become involved in their relocation. Mr. Bob Middlemist, the developer of the property, said his company will relocate all City utilities. In addition, location of the private utility pedestals will be negotiated with the purchasers of the individual lots. Any negotiations with the phone and electric companies will be worked out by the developer. Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve the vacation of drainage and utility easements for Lots 7, 8 and 9, Block 1, Manor Lake Addition, and Lots 1 and 2, Block 5, Manor Lake 2nd Addition, only on the condition that this vacation be recorded simultaneously with the recording of the final plat of the S Todd Rapp Addition. Aye: 5 Nay: 0 ................U : B.........:USf O ESS APPOINTMENT/AIRPORT RELATIONS COMMITTEE Mayor Egan introduced this item as an appointment to the Airport Relations Committee vacancy. City Administrator Hedges said a letter of resignation had been received from Airport Relations Committee member, Becky Newell, whose term expires in January 1992. At the August 6 meeting, it was the City Council's desire that the vacancy be filled and 13 applications have been received. After the first ballot, no clear majority was declared and a second ballot was taken of those receiving a vote in the first ballot. Those individuals were: Lois Munson, Kathy Murdock, Thomas Monahan, and Donald Grant. After the second ballot, Lois Munson received a majority of the votes and will be notified of her selection as a member of the Airport Relations Committee. Page 7/EAGAN CITY COUNCIL MINUTES September 3, 1991 COMPREHENSIVE GUIDE PLAN AMENDMENT/SEMPER HOLDINGS Mayor Egan introduced this item as a comprehensive guide plan amendment for Semper Holdings, changing the land use designation from PF (Public Facility) to CPD (Commercial Planned Development) and a rezoning to a new planned development district with 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. This item had been heard by the Advisory Planning Commission most recently at their July 23 meeting and the City Council at their meeting of August 6. Director of Community Development Runkle said the plan submitted at the last City Council meeting was unchanged; however, the developers had met with neighborhood residents in an effort to resolve their concerns. Dale Klossner, 2025 Pin Oak Drive, still had concerns about the hours of operation and the types of restaurants planned for the site. Craig Christiansen, representing Semper Holdings, indicated they would like to attract a first lass restaurant such as an Olive Garden, not a tavern type establishment, and would involve the neighborhood in the site review. He also said that Walgreens does not intend to be open 24 hours per day at this time, however, he could not say that it wouldn't change sometime in the future. Klossner asked whether a conditional use permit for the restaurants would be automatically approved. It was pointed out that because of the nature of conditional use permits, if the applicant meets the conditions required in the City Code, it is difficult for the City Council to deny them. Discussion then turned to whether the City Council had any means at its disposal to control the hours of operation of businesses in the development. Director of Community Development Runkle pointed out that once a use was specified, the hours of operation were normally left to the applicant. City Attorney Sheldon also noted the difficulty of tying the hours of operation to the zoning because each time the hours were changed, it would require a change in the zoning. He said this would place the City in the position of making operational decisions for the business. Councilmember Pawlenty asked whether there were any State statutes that set the hours of operation for businesses that the City could not override. City Attorney Sheldon said he was unaware of any State statute that gave cities jurisdiction over the hours of operation except those that involved curfews, etc. Councilmember Gustafson suggested that perhaps the developers be asked to provide a list of restaurants that would be excluded from this site. Mr. Christianson said such a list could be supplied as a part of the negotiations. Before calling for a motion, Mayor Egan pointed out the positive aspects of a Planned Development (PD) district on this site. He quoted from that portion of the City Code that states the purpose of a PD district is to encourage, under the appropriate circumstances, a more creative, varied and efficient use of the land. He said in considering a petition, the City Council considers three aspects, the third and foremost of which being that the development "should benefit the community at large to a greater degree than would the development of the underlying zoning." He said he believed that almost everything positive about this particular development came as a result of the PD agreement. McCrea moved, Wachter seconded a motion to approve a comprehensive guide plan amendment from PF (Public Facilities) to CPD (Commercial Planned Development) for the Hadler Park Planned Development located along the south side of Cliff Road, west of Rahn Road, in the NE 1/4 of Section 31. Aye: 5 Nay 0 McCrea moved, Gustafson seconded a motion to approve the rezoning to a new planned development district directing that a planned development agreement be drafted for the Hadler Park Planned Development and returned to the City Council as a consent item for ratification and subject to the following conditions: 1. The PD Agrement shall be created to allow a 12,500 square foot drug store, an 8,000 square foot Class I restaurant, a 6,000 square foot Class I restaurant, and a 14,000 square foot medical clinic as shown on the revised site plan of June 10, 1991. Page 8/EAGAN CITY COUNCIL MINUTES September 3, 1991 2. All parking stalls shall be 10' wide except for handicapped stalls which shall be 12' wide. 3. All buildings shall be constructed of similar material and colors. 4. Rooftop mechanical equipment shall not be visible from Cliff Road, Rahncliff road, or Rahn Way. 5. All trash and recycling shall be contained within each building. 6. All landscaped areas shall be irrigated. Additional plant material, including evergreen trees, shall be provided along Cliff Road and Rahn Road. 7. No outdoor sales and/or displays, or loudspeaker advertising, shall be allowed. 8. All signage shall meet City Sign Code requirements in place at the time of individual City approval. 9. All driveway entrances shall line up with existing and/or future driveways on adjacent properties. 10. All buildings shall require individual review by the APC and approval by the City Council. Aye: 5 Nay: 0 Councilmember McCrea suggested that when it is determined what restaurants will go in these locations, the developer share that knowledge with the neighborhood. Mr. Christianson said that Semper Holdings had made that commitment. SINGLE FAMILY MORTGAGE BOND RESTRUCTURING After introduction by Mayor Egan, City Administrator Hedges said that proposals had been received from two underwriting firms for the restructuring of the City's 1980 single family mortgage revenue bonds. Kathy Aho, representing Springsted Inc., the firm assisting the City with these proposals, provided a summary of the proposals while noting that the objective of the City was to realize the most cash possible from the release of assets currently within the program. With that objective in mind, Wachter moved, Gustafson seconded a motion to approve the recommendation to retain Juran & Moody to affect the release of assets from the 1980 single family mortgage bonds with direction that staff be authorized to take whatever action necessary to proceed with the restructuring. Aye: 5 Nay: 0 DANCE HALL PERMIT/DANNY STEVENS Mayor Egan introduced this item as a permit application from Danny Stevens for a dance hall at 1380 Duckwood Drive. The City Council observed that it is important to provide a place for the youth of the City with a safe and supervised environment; however, the Police Department was directed to notify the City Council as soon as possible if problems arose. Councilmember Wachter expressed reservations about the application and Councilmember McCrea recommended that when the conditional use permit is granted that if behavior at the dance hall is not appropriate, the City Council revoke the conditional use permit. Councilmember Pawlenty suggested the need to control loitering and congregating in the parking lot outside the dance hall. Page 9/EAGAN CITY COUNCIL MINUTES September 3, 1991 Gustafson moved, Egan seconded, a motion to approve a dance hall permit for Danny Stevens for the Dairy Queen at 1380 Duckwood Drive conditioned upon the requirement that off-duty police officers and/or other appropriate personnel supervise all dances. Aye: 4 Nay: 1 (Wachter). ADOPTION/PROPOSED 1992 BUDGET After introduction by Mayor Egan, City Administrator Hedges said that the budget before the City Council was a proposed budget and far from the final budget to be refined and approved later this fall; however, in order to be in compliance with the Truth in Taxation laws, the City must adopt its proposed 1992 General Fund Budget by September 3, 1991. The public hearing will be held and a final budget adopted on a date to be set later on the agenda. It was pointed out that the City Council has the continuing discretion to amend the budget at any time. There was no public comment. Wachter moved, Gustafson seconded, a motion to approve the proposed 1992 General Fund Budget as presented. Aye: 5 Nay: 0 CERTIFICATION/1992 PROPERTY TAX LEVY After introduction by Mayor Egan, City Administrator Hedges said that in order to be in compliance with the Truth in Taxation laws, the City must submit its proposed property tax levy for payable 1992 to the County Auditor on or before September 3, 1991. The proposed levy amount is a total of all City levies including both the general levy and all special levies. The amount the City certifies as its proposed levy is the maximum levy that the City will be allowed. The final City levy certified in late December may be reduced but may not exceed this initial certification. There was no public comment. Gustafson moved, Wachter seconded a motion to approve the proposed 1992 payable tax levy as presented. Aye: 5 Nay: 0 R-91.57 CERTIFICATION/1992 BUDGET HEARING AND CONTINUATION DATE Pawlenty moved, McCrea seconded a motion to set December 3, 1991, at the 1992 Budget public hearing and December 17, 1991 as the continuation hearing date. Aye: 5 Nay: 0 RENEWAL/GENERAL LIABILITY/WORKERS COMPENSATION INSURANCE Mayor Egan introduced this item as a Renewal of the City's General Liability and Workers Compensation Insurance for the period July 1, 1991 to June 20, 1992. Mr. Jeff Bowers of First Insurance, provided an overview of the City's proposal for coverage through the League of Minnesota Cities Insurance Trust (LMCIT) which has provided coverage to the City of Eagan since 1986. Mr. Bowers pointed out that the increase to the City this year is far higher than the last two or three years and is a reflection of the League's going to an individual experience rating. The City's loss record was not unusually high last year but was in the previous year and while the rate for insurance did not go up, the experience modifier did. In addition, if the experience modifier levels out, the rate will go down accordingly. Councilmember McCrea asked whether the insurance is bid or whether the LMCIT is the only provider considered. Mr. Bowers said that while First Trust normally submits requests for competitive bids, they had not done so this year. The only other company doing business in this area is Pemco; however, experience with other cities has shown theirs would not have been a competitive bid this year: In answer to a question from Councilmember Gustafson, Mr. Bowers noted that the workers compensation premium is a reflection of payroll costs as well as the modification factor based on losses Page 10/EAGAN CITY COUNCIL MINUTES September 3, 1991 experienced by the City. He said if safety programs are put into place, it would assist in bringing the modification factor down. In closing, Mr. Bowers said they are not recommending the City increase its deductible at this time. Gustafson moved, McCrea seconded a motion to approve as presented the 1991/1992 general liability/workers compensation renewal package. Aye: 5 Nay: 0 BUILDING PERMIT/EASTER LUTHERAN CHURCH Mayor Egan introduced this item as a Building Permit for Easter Lutheran Church, 4200 Pilot Knob Road, City Code Section #11.20, Subdivision 7. City Administrator Hedges said that this item would require two actions. He pointed out that any building permit requested on PF zoned property requires Council action and, as part of the building permit review, certain storm sewer connection charges have been identified as financial obligations. The church property was partially assessed in 1980 with Project 257 for storm sewer trunk charges at the single family rate. In keeping with current City policy, Staff had suggested an obligation of $10,698.51 for the remainder of the property and that reflects the 1991 commercial/industrial rates. The church had questioned the use of 1991 rates to make a correction to the assessment levied in 1980, and through discussion with church officials and as a fair and reasonable compromise, it was suggested that the property be assessed at the commercial/industrial rate in effect at the time of the original assessment. Pastor James Borgschatz was present and indicated the church agreed with the recommendation and asked that it be placed on the assessment rolls. Pawlenty moved, Wachter seconded a motion to approve the building permit for Easter Lutheran Church as presented with a storm sewer connection charge of $4,090.60 to be placed on the assessment rolls for a period up to 15 years or a lesser time as determined administratively by Easter Lutheran Church and City staff. Aye: 5 Nay: 0 SETBACK VARIANCE/GARY & LEE MYHRMANN Mayor Egan introduced this item as a Variance for Gary & Lee Myhrmann of 4' to the Required 10' Side Yard Setback, 1379 St. Andrew Boulevard. Director of Community Development Runkle said that the request was for the construction of a three season porch on the east side of the home. It was pointed out that when the house was designed in 1987, the design of the home allowed for the porch but it was not constructed at that time. The Myhrman's are now ready to construct the porch but have discovered the home was not placed on the lot with enough room to accommodate it and if built would extend 4' into the required 10' setback. The Myhrman's are claiming that the hardship for the variance is that the original placement of the house was in error. Wachter moved, Gustafson seconded, a motion to approve a variance of 4' to the required 10' sideyard setback at 1379 St. Andrew Boulevard as requested by Gary and Lee Myhrman. 1. A building permit shall be applied for and reviewed by City staff. 2. All other City Code requirements shall be met. Aye: 5 Nay: 0 Page 11/EAGAN CITY COUNCIL MINUTES September 3, 1991 CONDITIONAL USE PERMIT/NORTHCO Mayor Egan introduced this item as a conditional use permit for Northco to allow a daycare facility in an NB (Neighborhood Business) District on Lot 1, Block 1, Blackhawk Plaza Addition, located along the north side of Diffley Road, west of I-35E in the SE 1/4 of Section 20. After brief discussion about the location of the daycare facility within this shopping center, Gustafson moved, McCrea seconded a motion to approve a conditional use permit for Northco to allow a daycare facility in an NB district on Lot 1, Block 1, Blackhawk Plaza Addition subject to the following conditions: 1. The outdoor play area shall be located adjacent to the indoor play area. 2. A plan indicating the location of the outdoor play area shall be submitted to the City staff for approval. 3. All other city Codes and requirements shall be met. 4. All other County and State regulations, permits and licensing requirements shall be applied for, and approved. 5. The nine parking stalls shall be removed at the west end of the building for the outdoor play area. 6. It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/THIESEN VENDING COMPANY Mayor Egan introduced this item as a conditional use permit for Thiesen Vending Company to allow more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1, Block 1, of the Eagan Convenience Center Addition located along the southside of Duckwood Drive, ease of Crestwood Lane in the NW 1/4 of Section 15. It was pointed out by City Administrator Hedges that any time a request for more than three amusement devices is received, a public hearing is required on a conditional use permit. It was also noted that the applicant has requested 18 amusement games. Concerns were expressed about spacing at this location and it was recommended that the facility be monitored closely. Councilmember Gustafson indicated he would make the motion to approve the conditional use permit for up to 18 units, however, if more are desired the applicant would be required to return to the City Council for additional approval. Gustafson moved, McCrea seconded, a motion to approve a conditional use permit for Thiesen Vending Company to allow up to 18 amusement devices at the Dairy Queen located along the southside of Duckwood Drive subject to the following conditions noted by the Advisory Planning Commission as well as an additional condition outlined by the Council for Fire Marshal approval: 1. The owner shall apply for, and receive, an amusement machine license from the City. 2. All damaged landscape materials on the Eagan Convenience Center plat shall be replaced within a year from date of approval. 3. It shall be recorded with Dakota County within 60 days of approval with verification provided to the City. `:.?`rwsGa..Q Page 12/EAGAN CITY COUNCIL MINUTES September 3, 1991 4. All signage must be granted by permit, meet sign code requirements, and pay the one-time sign fee of $2.50 per square foot. 5. Fire Marshal inspection and approval. 6. All other applicable City ordinances. Aye: 4 Nay: 1 (Wachter) CONDITIONAL USE PERMIT/HOLIDAY STATIONSTORES, INC. Mayor Egan introduced this item as a conditional use permit for Holiday Stationstores, Inc., to allow outdoor displays and storage in a CSC (Community Shopping Center) district located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW intersection of Nicols Road and Cliff Road in the SW 1/4 of Section 30. After comments by City Administrator Hedges, the City Council agreed, as in the Tom Thumb case, it would not be appropriate to take action until the City had clearly defined "outside storage." Wachter moved, McCrea seconded a motion to continue to the October 15, 1991, regular City Council meeting a conditional use permit as requested by Holiday Stationstores to allow outdoor displays and storage at the Holiday Stationstore located at the northwest corner of Cliff Road and Nicols Road. Mark Nelson, representing Holiday Companies, said the conditional use permit being requested was only to maintain the outside storage that already exists. He then addressed each of the issues cited by the Advisory Planning Commission in the denial of their application. All Holiday Stationstores have extended T sidewalks and, in this particular area, all their outside storage is off to the west where there is no circular traffic. In regard to being compatible, Mr. Nelson said their outside storage is compatible with their use as a convenience center. Mr. Nelson dismissed the precedence concerns because with conditional use permits, the Council should weigh each site specifically. He then asked the City Council to approve their request for a conditional use permit. Councilmember McCrea acknowledged that outside storage is being utilized without a conditional use permit at various locations throughout the City but she also pointed out that those businesses were in violation of City ordinance. While staff researches the definition of outside storage, the City has elected not to cite those businesses in violation of the ordinance; however, the Councilmember expressed her opposition to such storage and the safety hazards it presented. She said she anticipated some very strict guidelines in the future for the issuance of conditional use permits for outside storage. In the interests of clarification, it was noted that this application as well as the Tom Thumb application will be returned to the Advisory Planning Commission for public hearing after staff has reviewed and defined "outside storage." Both applications will then be returned to the Council for their consideration at the October 15, 1991, regular City Council meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/THE DANTE CORPORATION Mayor Egan introduced this item as a conditional use permit for the Dante Corporation, Ltd., to allow an on-site manager's residence for a storage facility in a LI (Light Industrial) district located on Lot 6, Block 2, Sibley Terminal Industrial Park, along the east side of Terminal Drive in the SE 1/4 of Section 8. "jC 12 Ell, Page 13/EAGAN CITY COUNCIL MINUTES September 3, 1991 Pawlenty moved, McCrea seconded, a motion to approve a conditional use permit for The Dante Corporation, Ltd., to allow an on-site manager's residence for a storage facility in a LI (light Industrial) district located on Lot 6, Block 2, Sibley Terminal Industrial Park. Aye: 5 Nay. 0 ORDINANCE AMENDMENT/PAST DELINQUENT BILLS Mayor Egan introduced this item as an ordinance amendment for the City of Eagan amending Chapters 11 and 13 of the Eagan City Code pertaining to general requirements for "Past Delinquent Bills." Gustafson moved, Wachter seconded, a motion to approve an ordinance amendment for Chapters 11 and 13 of the Eagan City Code pertaining to general requirements for past delinquent bills as shown in Exhibit A. Aye: 5 Nay. 0 FINAL PLAT/TOWN CENTRE 70 ELEVENTH ADDITION Martin Colon, representing Federal Land Company, asked Council's consideration of a conditional approval of the final plat for the Town Centre 70 Eleventh Addition. Because not all documents have been received by the City, approval for the plat must be delayed until the next Council meeting on September 16. He requested that the final plat be approved subject to the receipt of all documents. Mr. Colon said the store intends to open in February and they would prefer to get an early start now as opposed to being pushed two extra weeks into February. Director of Community Development Runkle said that the final documents had been sent to Walmart for signature and if they are returned unchanged, then requirements for final plat approval would be complete. Concerns were expressed about any precedent that might be set and the question was asked whether the Mayor could be authorized administratively to sign a plat if all was in order. While such action may require an ordinance amendment, the City Attorney allowed that the Council could give a plat conditional approval. Councilmember McCrea noted that economic development has slowed in the City and felt it important to assist companies such as Walmart in getting started; however, she cautioned that the Council be mindful of treating other companies equitably in similar situations. McCrea moved, Gustafson seconded, a motion to approve the final plat for Town Centre 70 Eleventh Addition provided that nothing has been altered from the agreement the City put into place and subject to staffs final approval. Aye: 5 Nay: 0 R-91.58 LETTER OF CREDIT/STAFFORD PLACE Mr. Peter Beck then asked to address the Council in regard to the Stafford Place letter of credit. Mr. Beck explained his client's position and his recommendations for a resolution to this dispute. After some initial discussion, the City Council determined it was more appropriate to conclude the remainder of the Council meeting and then adjourn to discuss the matter further in Executive Session. MISCELLANEOUS ITEMS City Attorney Sheldon advised the Council that his office is working on a settlement with the attorney for Jim Horne, the developer of the Kingswood Addition. He said the developer has agreed to either extend the letter of credit or the City will obtain other alternative security or cash from them. Councilmember Pawlenty asked that the Council be kept informed of any background information or details that surface in regard to a letter received from Mr. Home's attorney. Page 14/EAGAN CITY COUNCIL MINUTES September 3, 1991 LETTER TO REPRESENTATIVE OBERSTAR The City Council was apprised of a letter that the City of Mendota Heights, in conjunction with Eagan and other neighboring cities, had drafted raising specific issues that should be considered by the Federal and State delegations as they negotiate the financial package of Northwest Airlines for the northern Minnesota transaction. Mayor Egan said he felt comfortable signing the letter and noted that the conditions included in the letter were reasonable and did not add anything to Northwest that was onerous or shed a bad light on the City's negotiations with them. ASSESSMENT POLICY Councilmember Gustafson expressed his concerns regarding the City's present assessment policy and whether or not assessments are being handled fairly. After further discussion of various alternatives and the pros and cons of each, it was determined that the assessment policy should be addressed in a future workshop session. SPECIAL CITY COUNCIL MEETING In order to accommodate those who wished to attend the Airport Relations Committee meeting on September 10, 1991, the City Council agreed to change the starting time of the Special City Council meeting on that date to 5:00 p.m. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated September 3, 1991, in the amount of $953,641.84. Aye: 5 Nay: 0 ADJOURNMENT/EXECUTIVE SESSION The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 10:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Sheldon. The executive session was adjourned at approximately 11:05 p.m. KF CITY OF EAGAN 4 E. nOv-0.6a L., erbeke, City Clerk 'p• NNF ../'lam i'itkaA E W. 4: 1 MET ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY REPEALING SUBD. 29 TO SECTION 11.10 REGARDING GENERAL PROVISIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 11.10 entitled "General Provisions" is hereby amended by repealing subd. 29, relating to requests for City approval. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code-Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY REPEALING A PROVISION RELATING TO REQUIREMENTS FOR CITY APPROVAL; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by repealing Section 13.11 relating to requirements for City approval and including Past Delinquent Bills, Account Review Board and Waivers. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 13.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: