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1991-09-16 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota September 16,1991 A regular meeting of the Eagan City Council was held on Tuesday, September 16, 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. Pawlenty moved, McCrea seconded, a motion to approve the agenda for the September 16,1991, regular City Council meeting as presented. Aye: 5 Nay. 0 Wachter moved, Pawlenty seconded, a motion to approve the minutes for the September 3,1991, regular City Council meeting as presented. Aye: 5 Nay: 0 POLICE DEPARTMENT/SPECIAL HUNTING PERMIT NORMAN E. SVIEN Mayor Egan introduced this item as a special hunting permit for Norman E. Svien, 1989 Shale Lane. The parcel Mr. Svien is requesting permission to hunt is owned by Gopher Smelting and consists of approximately 80 acres. Gustafson moved, Wachter seconded, a motion to approve a special hunting permit for Norman E. Svien of 1989 Shale Lane. Aye: 4 Nay: 1 (McCrea) Councilmember McCrea advised the applicant that she was voting against the permit because, in her opinion, the City is becoming too populous for hunting. Councilmember Gustafson also noted, however, that there were 98 deer-related, vehicle accidents in the City during the period from May 1990 through August 1991. POLICE DEPARTMENT/SPECIAL HUNTING PERMIT JERRY THOMAS Mayor Egan introduced this item as a special hunting permit for Jerry Thomas, 4895 Pilot Knob Road. Councilmember Pawlenty asked about an informal policy that had kept shotgun hunting north of Highway 13. Mr. Thomas indicated that the primary purpose of the permit is for bow and arrow deer hunting and that shotguns would be used sparingly for geese. City Administrator Hedges said the issue had been discussed with the City's Police Department and they are confident that shot can be contained within the property. Wachter moved, Egan seconded, a motion to approve a special hunting permit for Jerry Thomas, 4895 Pilot Knob Road. Aye: 4 Nay: 1 (McCrea) PARKS & RECREATION DEPARTMENT/FENCE BID RAHN PARK FIELD #2 Wachter moved, Pawlenty seconded, a motion to approve the installation of a fence at Rahn Park Field #2 as presented. Aye: 5 Nay: 0 Page 2/EAGAN CITY COUNCIL MINUTES September 16, 1991 In regard to Item F, Resolution, Authorizing Gambling Permit for Minnesota Valley Humane Society for Pull-Tabs at Durning's Restaurant, 4625 Nicols Road, the question was raised as to whether there are any restrictions on the number of gambling permits issued in the City. There are none, but Council requested that the issue be addressed at an upcoming Special City Council meeting workshop. Special notice was also taken of the Proclamation of September 16, 1991, as Marlene Adam Day in the City of Eagan. Marlene is retiring after 22 years with the City and the City Council acknowledged her contribution with a key to the City and a Day named in her honor. A. Personnel Items It was recommended that Joe Connolly be retained as a private consultant to oversee the contract management for the Cliff Road Water Treatment Plant (Contract 89-13). B. Proclamation. September 17. Citizenship Day and September 17-23. 1991. Constitution Week It was recommended that September 17 be proclaimed Citizenship Day and September 17-23, 1991, proclaimed Constitution Week in the City of Eagan. R-91.59 C. Agreement. Approve Indemnity Agreement - First Trust It was recommended that the Indemnity Agreement between First Trust and the City of Eagan regarding the Gladys L. Nelson claim be approved. D. Final Plat. Park Center 2nd Addition It was recommended that the final plat for the Park Center 2nd Addition be approved. R-91.60 E. Application 1992 Landfill Abatement Funding It was recommended that the 1992 Landfill Abatement Foundation application be approved as presented. F. Resolution. Authorizing Gambling Permit for Minnesota Valley Humane Society for Pull-Tabs at rning's Restaurant. 4625 Nicols Road It was recommended that a resolution authorizing a gambling permit for the Minnesota Valley Humane Society at Durning's Restaurant be approved as presented. R-91.61 G. P oject 561, Receive Final Assessment Roll/Order Public Hearing, (Sterns Addition - Streets & Utilities) It was recommended that the final assessment roll for Project 561 (Sterns Addition - Streets & Utilities) be received and a public hearing scheduled for October 15, 1991. Page 3/EAGAN CITY COUNCIL MINUTES September 16, 1991 H. eject 531. Receive Final Assessment Roll/Order Public He?ri (Lexington Avenue - County Road 43 - Streets & Utilities) It was recommended that the final assessment roll for Project 531 (Lexington Avenue - County Road 43 - Streets & Utilities) be received and the public hearing scheduled for October 15, 1991. I. Project 567R. Receive Final Assessment Roll/Order Public Hearing (Eff'ress Addition - Storm Sewer Facilities) It was recommended that the final assessment roll for Project 567R (Effress Addition - Storm Sewer Facilities) be received and a public hearing scheduled for October 15, 1991. J. Contract 91-09. Receive Bids/Award Contract ell X16) It was recommended that the bids for Contract 91-09 (Well #16) be received and the contract awarded to the lowest responsible bidder. K Contract 91-10. Receive Bids/Award Contract (Well #16 - Transmission Main) It was recommended that the bids for Contract 91-10 (Well #16 Transmission Main) be received and the contract awarded to the lowest responsible bidder. L. Contractual Snow Removal Services. Receive Bids/Award Contract It was recommended that the bids for contractual snow removal services be received and the contract awarded to the lowest responsible bidder. M. Shows License. Dakota. Inc.. for FunFest. September 20-21. 1991 It was recommended that the shows license for Dakota, Inc., for Dakota Inc., FunFest be approved as presented. R-91. 6 1. 1 N. Proclamation. Marlene Adam Day in the City of Eagan. September 16. 1991 It was recommended that September 16, 1991, be proclaimed as Marlene Adam Day in the City of Eagan. 0. Proclamation. Joe Connolly Day in the City of Eagan. September 17. 1991 It was recommended that September 17, 1991, be proclaimed as Joe Connolly Day in the City of Eagan. P. Project 621. Receive Feasibility Rem/Order Public Hearing (Manor Lake 4th Addition) It was recommended that the feasibility report for Project 621 (Manor Lake 4th Addition - Streets, Utilities & Streetlights) be received and a public hearing scheduled for October 15, 1991. 0. eject 619. Receive Feasibility Report/Order Public Hearing (Saddlehorn Addition - Streetlights) It was recommended that the feasibility report for Project 619 (Saddlehorn Addition - Streetlights) be received and a public hearing scheduled for October 15, 1991. Page 4/EAGAN CITY COUNCIL MINUTES September 16, 1991 Pawlenty moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 MISCELLANEOUS ITEMS NAME/SENIOR HOUSING FACILITY Wachter moved, McCrea seconded a motion to name the new senior housing facility "Oak Woods of Eagan." Aye: 5 Nay: 0 CHAMBER OF COMMERCE LETTER TO MAC Mayor Egan discussed a letter sent from the Chamber of Commerce to Nigel Finney of the Metropolitan Airports Commission. The Mayor said the letter had not been endorsed by staff, the Airport Relations Commission or City Council and was concerned that the letter would be misinterpreted. He asked that the City Administrator and Assistant to the Administrator share information that had been developed on this issue with the Chamber. UNISYS TAX INCREMENT FINANCING DEVELOPMENT DISTRICT Mayor Egan introduced this item as an expansion of the Project Area for the Unisys Tax Increment Financing District. Dave MacGillivray, the City's Financial Consultant from Springsted, Inc., and Steve Rosholt, the City's Bond Counsel, were present to explain the proposal and answer any questions. (For a complete explanation of the expansion, documents are on file with the City Clerk). Ken Levinson, a Vice President with Northwest Airlines, expressed the airline's appreciation for the City's assistance and cooperation with this program. Mr. Levinson then answered questions about Northwest's plans and the number of employees expected to be housed at the facility. After further discussion, Wachter moved, Gustafson seconded, a motion to approve a resolution which: 1) approved Modification #1 to the development program and tax increment financing plan for Economic Development District #1 and 2) approved the development agreement for the economic development district. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING HILLS OF STONEBRIDGE Mayor Egan introduced this item as Project 597, Final Assessment Hearing for the Hills of Stonebridge 3rd Addition - trunk storm sewer. Director of Public Works Colbert explained the project and the area served by it. He said all other utilities were installed in the late 70's and assessed under Project 241; however, trunk area storm sewer was delayed to a future date when that improvement was undertaken downstream from the Saddlehorn Addition. Jim Ingram, 743 Hackmore Street, presented a summary of concerns shared by Mr. Ingram and several of his neighbors. Gerald Thurstin, 4251 Stirrup Street, made the statement that because the project had been assessed in 1980 but not collected, it should now be collected at the 1980 rate. Mr. Colbert said the rate being quoted by Mr. Thurstin is the rate that was in effect in 1980 but a trunk area storm sewer assessment was never assessed with Project 241. (2 o~a Page 5/EAGAN CITY COUNCIL MINUTES September 16, 1991 Tim Pomplun, 746 Lasso Lane, said it was his understanding that the City Council, with the assessments for Project 241, had made the statement that his neighborhood would not be responsible for any more storm sewer assessments. Director of Public Works Colbert said when reductions were made in the assessments associated with Project 241, the credit was applied only to those utilities being installed. The minutes do not reflect any reference to trunk area storm sewer not being assessed. Mayor Egan said that was his recollection also and said it unlikely the City Council would have prejudged an assessment. He then went on to say that while he did not support the contention, he was willing to continue the public hearing to allow residents to review the minutes. Because there were no other residents present who wished to address the Council, Mayor Egan closed the public portion of the hearing. In answer to a question from Councilmember Pawlenty, Director of Public Works Colbert said the developer of the Hills of Stonebridge 3rd Addition had paid a trunk area storm sewer assessment for every lot created as well as $55,000 toward the acquisition of easements for the project. He said it had resulted in the payment of approximately 40% of the project's total costs. Mr. Colbert said the developer had initially objected to the amount of assessments but the City recognized that this project had accelerated the need for the improvement. Mr. Colbert noted that all of the Hills of Stonebridge discharges runoff to the north and none to the area associated with Project 597. After further discussion, it was suggested that residents be allowed to review the records of Project 241; therefore, Wachter moved, Pawlenty seconded, a motion to continue the public hearing and final assessment roll for Project 597, Hills of Stonebridge 3rd Addition - Trunk Storm Sewer to the October 1, 1991, regular City Council meeting. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/PARK CENTER ADDITION McCrea moved, Gustafson seconded, a motion to continue the public hearing and final assessment roll for Project 583, Park Center Addition - Streets & Utilities, to the October 1, 1991, regular City Council meeting. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/RUSTEN ROAD McCrea moved, Pawlenty seconded, a motion to dose the public hearing and approve the final assessment roll for Project 577, Rusten Road - Streets & Utilities, and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/WILMUS ADDITION Mayor Egan introduced this item as Project 592, Final Assessment Hearing, Wilmus Addition, Trunk Storm Sewer. Director of Public Works Colbert then explained the project and added that those properties included with this project had to meet two criteriun: 1) the property must he within the drainage district served by the major pond in the drainage district, BP-6, and 2) 51% of the parcel must lie within that drainage district. Because less than 51% of Parcel #10-03200-020-01 was found to lie within this drainage district, it was removed from the assessment roll for Project 592, and will be assessed at sometime in the future with another project. George Stertz, 1760 Cliff Road, expressed his concern at being assessed when he believed all runoff remained on his property and drained into a low point on the property. Steve Marstad, 1740 Cliff Road, questioned the added value to his property. He also said the low area on his property has never reached a point where it has overflowed and drained onto neighboring property. Page 6/EAGAN CITY COUNCIL MINUTES September 16, 1991 Paul Brooks, 1810 Cliff Road, stated his objections and also submitted a letter of objection. Because there were no other residents present who wished to address the Council, Mayor Egan closed the public portion of the hearing. After further discussion, McCrea moved, Wachter seconded, a motion to close the public hearing, noting all objections, and approved the final assessment roll for Project 592, Wilmus Addition - Trunk Storm Sewer, with the exception of Parcel X10-03200-020-01, which has been removed from the assessment roll for this project. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING GALAXIE CLIFF PLAZA 2ND ADDITION After introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert provided background on Project 598 by explaining the assessments and respread of assessments for Outlot D which according to the property owner and the City is not a buildable lot. Bill Soules representing the owners of Outlot D expressed his support for the respread of special assessments. McCrea moved, Gustafson seconded, a motion to close the public hearing and approve the modified final assessment roll for Project 598, Galaxie Cliff Plaza 2nd Addition - Streets & Utilities, and authorized its certification to Dakota County. Aye: 5 Nay. 0 VACATION/NICOLS ROAD After introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert explained an objection by Peoples Natural Gas which is opposing the right-of-way vacation. Peoples would be in agreement to a 10' utility easement in place of the existing right-of-way provided all parties concerned agree not to build, create, construct, nor allow to be built, created or constructed, any hard surface road, building or other structure, nor alter the grade or permit such alteration on the easement without written consent of People's. Randall Kinney representing Total Petroleum Gas Station stated he was in support of the request and conditions set forth by Peoples and the City of Eagan. Gustafson moved, Wachter seconded, a motion to close the public hearing and approve the vacation for a portion of Nicols Road public right-of-way. Aye: 5 Nay. 0 PROPOSED REVOCATION/CONDITIONAL USE PERMIT LEMBKE TRUCKING COMPANY After introduction by Mayor Egan, City Administrator Hedges provided brief background information on the Community Development Department's findings that Lembke Trucking is in default of the conditional use permit issued in 1986. Jim Sheldon introduced Annette Margarit of his office who provided a set of findings and outlined the City Council process for considering this conditional use permit default. Annette introduced City Planner Jim Sturm who responded to a number of questions that verify a findings that the conditional use permit is in violation. The Council was also shown various slides and pictures (Exhibit A) depicting the conditions at Lembke Trucking. Councilmember Pawlenty suggested that the U. S. Post Office, with whom Mr. Lembke does business, be notified of the image being projected by Lembke Trucking. Neither Mr. Lembke nor a representative was present. Pawlenty moved, McCrea seconded, a motion to approve a revocation of the conditional use permit for a trucking operation for Werner Lembke/Lembke Trucking as presented. Aye: 5 Nay: 0 Page 7/EAGAN CITY COUNCIL MINUTES September 16, 1991 Jerry little of 3914 Worchester Drive, said his property backs up to the Lembke operation. Mr. Little made the following observations: bulk oil is stored in 55 gallon drums that are leaking; there are trucks on the property that are just there to be used for parts; noise from the operation goes on after midnight, 7 days a week; engines are steam cleaned outside allowing all the oil, etc., to go into the soil; the property is an eyesore; and in the winter when the property is plowed, the snow is plowed into City streets. Jay Kottke, 3922 Worchester Drive, asked about the procedure that would be followed to clean up the property. City Attorney Sheldon said it remains to be seen what type of court action will be needed to deal with this issue but did say that the appropriate agencies will be notified to deal with the environmental concerns. AMENDMENT/SIGN ORDINANCE After introduction by Mayor Egan, City Administrator Hedges said a new sign ordinance had been reviewed by the Economic Development Commission and Chamber of Commerce in a joint task force. Director of Community Development Runkle said the Task Force looked at the new ordinance and found it to be too restrictive. A summary of their findings included retaining the present sign ordinance with two revisions. The first revision would eliminate the spacing between pylon signs and effectively allow one pylon sign per lot, and the second provided that all signs over seven feet be a permitted use and no longer require a conditional use permit. Councilmember Pawlenty, who has abstained from voting on this issue to avoid the appearance of a conflict of interest, said he would like to participate in the discussion of the issue regarding business signs but not billboards. He also indicated he would again abstain from voting. The Council agreed, however, that if the intent of the Task Force was to leave the original ordinance intact, they would prefer to leave as it is and not include the two revisions which would in effect make the existing ordinance even less restrictive than it presently is. Because it was the Council's decision to leave the existing ordinance intact without revision, no action was taken on the recommendations of the Task Force. Wachter moved, McCrea seconded, a motion to lift the moritorium on billboard applications in the City of Eagan. Aye: 4 Nay. 0 Abstain: 1 (Pawlenty) LIQUOR LICENSE/LAFONDAS Mayor Egan introduced this item as a liquor license for the new owners of LaFondas, 3665 Sibley Memorial Highway. The new owners were in attendance and introduced themselves to the Council. McCrea moved, Pawlenty seconded, a motion to approve an on-sale liquor license for Cuz, Inc., for.the LaFonda Restaurant at 3665 Sibley Memorial Highway. Aye: 5 Nay: 0 GRADING PERMIT/WEST PUBLISHING Mayor Egan introduced this item as a grading permit for West publishing at 3753 Highway 149. Pende Eliou of the YMCA, and Steve Bryant of West Publishing, briefly discussed the request for a grading permit thus allowing the start of the rough grading on West Publishing's property and the site of the Page 8/EAGAN CITY COUNCIL MINUTES September 16, 1991 future YMCA. Mr. Eliou noted that getting the grading underway would assist the Y in its fundraising efforts for this new facility. Concerns were expressed about the process being followed for the grading permit but Director of Community Development Runkle noted, under these conditions, a request for a grading permit can be made through the City Council process. Numerous questions were asked regarding the preliminary sketch of the "Y site" and Harry Gallaher, representing West Publishing, said the specific facilities shown in the sketch were shown more to indicate the size of the area than an indication of what will actually be built. He said the YMCA building consisting of Administrative offices and a daycare with accompanying parking lot are scheduled to be platted and constructed first. Any additional facilities will be phased in over a period of time and will be dependent upon the types of facilities developed by the City in the meantime. Councilmember Wachter expressed his concern that many trees would be lost in grading this site. Director of Public Works Colbert said the topography of the property is very severe and said it was hard to imagine that saving many of the trees would be practical. Councilmember Gustafson asked what would occur if the property were graded and then the project did not go forward. Mr. Colbert said the City requires a restoration plan with the grading permit application; however, the restoration required is to control erosion, etc., not for restoring the land to its original condition. City Administrator Hedges explained the reasons for the seeming "fast-track" for this grading permit application: 1) the availability of the grading equipment, 2) the time of the year, and 3) an in-kind donation for the grading of the site. He also noted that while the City had discussed participating in a joint facility with the Y, the City is no longer a part of the transaction and is processing the grading permit only. Councilmember McCrea said her major concern was that the City remain consistent and treat all applicants with the same degree of consideration in the future. Gustafson moved, Egan seconded, a motion to approve a grading permit for the YMCA site considered Outlot C and part of Outlot B of West Publishing 4th Addition subject to a final analysis and detailed approval by City staff and, further, that if the grading permit application reveals total excavation material in excess of 100,000 cubic yards, a conditional use permit process will be required for the grading permit issuance. Director of Public Works Colbert said a performance bond in the amount of $500 per acre is a requirement of the grading permit application. Councilmember Wachter asked that a tree inventory of the site be performed so a ratio for replanting could be determined. Aye: 5 Nay: 0 CEDARVALE AREA RETAIL STUDY Mayor Egan introduced this item as a request for authorization to retain a consultant for the Cedarvale Area Retail Study. City Administrator Hedges explained what the Study would cover and that funding would come from a Community Development Block Grant. In answer to a question from Councilmember Pawlenty, Director of Community Development Runkle. said that Cedarvale has fallen on hard times and while grant monies are funding the Study, those dollars would be returned if Cedarvale became more successful and appreciated in value. Councilmember Pawlenty asked what the appropriate role for the City would be and what position the City would take if another financially troubled shopping center requested assistance. Council continued discussion of their concerns; however, City Administrator Hedges noted that Cedarvale is unique in that it is in a Community Shopping Center district, it has had no expanded valuation within the past few years and has been decreasing in value as evidenced by their having gone to the County with requests to lower their value. Page 9/EAGAN CITY COUNCIL MINUTES September 16, 1991 McCrea moved, Gustafson seconded, a motion to approve the authorization to retain a consultant to undertake a retail redevelopment study of the Cedarvale area. Aye: 3 Nay: 2 (Pawlenty & Wachter) BOULEVARD MAINTENANCE/CEDARVALE RETAIL. AREA Mayor Egan introduced this item as consideration of expanded boulevard maintenance for the Cedarvale Retail area. City Administrator Hedges said a question has been raised as to whether the City can expand boulevard maintenance in the Cedarvale Area It was noted that if maintenance is increased to Cedarvale, it would require a shift in priorities from other areas. After further discussion, Gustafson moved, McCrea seconded, a motion to direct staff to further develop the concept of expanded boulevard maintenance in the Cedarvale area for future Council consideration. Aye: 5 Nay: 0 SPECIAL PERMIT/CHRISTMAS TREE SALES/THOMAS LAKE CENTER Wachter moved, McCrea seconded, a motion to approve a special permit for James Bartizal for temporary Christmas tree sales on an Outlot at Thomas Lake Center located in the SW 1/4 of Section 28 subject to the following conditions: 1. The permit is temporary and shall expire after December 25, 1991. 2. The permit shall be subject to all applicable Code requirements. 3. Clean-up of the site is required by January 5, 1992. Aye: 5 Nay: 0 REAR YARD SETBACK VARIANCE/STEVE BRUMMER Mayor Egan introduced this item as a Variance for Steve A. Brummer,1254 Dunberry Lane, for 10' to the Required 15' Rear Yard Setback for an Accessory Building. Mr. Brummer indicated that he was requesting the variance in order to build an accessary building in his backyard. By placing the building in part of the setback, it would not disturb the natural drainage of the lot and would allow him to preserve a large oak tree on his property. Mr. Brummer's neighbor was present and said he did not object to the variance. Wachter moved, Gustafson seconded, a motion to approve a variance for Steve A. Brummer of 1254 Dunberry Lane for a variance of 10' to the required 15' rear yard setback subject to the following conditions: 1. No other variances shall be granted to this lot. 2. A building permit shall be applied for through the City's Protective Inspections Department. 3. All other City Code Requirements. Aye: 5 Nay: 0 Councilmember McCrea left the City Council meeting at 10:50 p.m. because of illness. Page 10/EAGAN CITY COUNCIL MINUTES September 16, 1991 RESOLUTION/PROJECT 611 Wachter moved, Egan seconded, a motion to approve a resolution approving and accepting a permanent easement for public water wells and water mains in regard to Project 611, Well #16. Aye: 4 Nay. 0 R-91.62 RESOLUTION/PROJECT 600 Gustafson moved, Egan seconded, a motion to approve a resolution approving disbursement of public funds for a temporary construction easement in regard to Project 600, Intersection Construction, Opperman Drive & Highway 149. Aye: 4 Nay: 0 R-91.63 CHECKLLST Wachter moved, Egan seconded, a motion to approve the checklist dated August 31, 1991, in the amount of $926,336.16 and the checklist dated September 16, 1991, in the amount of $1,118,528.25. ADJOURNMENT The City Council adjourned the regular meeting at approximately 11:10 p.m. KF CITY OF EAGAN E.J. Overbeke City rk Was" imp 41,10140 all ii •I rM G %N i~ Wi ~T TACaMG IWal++ ,•tt.-~11 4-li. •~1 ~ MAY 23,1991 • ~ x.. t.,ia rte:..-t!'.. jy 1. 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