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1991-10-15 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 15, 1991 A regular meeting of the Eagan City Council was held on Tuesday, October 15, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Director of Parks & Recreation Ken Vraa, Director of Public Works Tom Colbert, Community Development Director Dale Runkle, City Planner Jim Sturm, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges advised the City Council that there was no change in the agenda, however, Old Business, Items B and C, could possibly be continued for an indefinite period of time. Pawlenty moved, Wachter seconded, a motion to approve the agenda for the October 15, 1991, regular City Council meeting. Aye: 5 Nay: 0 MINUTES Councilmember Pawlenty recommended the following change to the minutes of the October 1, 1991, regular City Council meeting: Page 9, Paragraph 3, Sentence 2, strike the name "McCrea". Mayor Egan recommended the following change: Page 7, the title should state "Waiver of Plat/Layne & Shirley Anderson". Wachter moved, Pawlenty seconded, a motion to approve the minutes for the October 1, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS SAFETY CAMP RECOGNITION City Administrator Hedges stated that the first ever Safety Camp, which was held August 5 through August 7, 1991, was a huge success. Plaques were presented to the eleven major contributors of this camp as a token of the City's appreciation for their assistance. Page 2/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 RECOGNITION OF RETIRING FIRE FIGHTERS City Administrator Hedges mentioned that volunteer fire fighter Bill Lindblade would also be retiring as of October 15, 1991. He is retiring after 20 1/2 years of service. Chief Southorn commended the seven retirees for their many years of service to the City. Mayor Egan presented each of the seven individuals with a Certificate of Appreciation. Mayor Egan stated that their retirement is a great loss to the City of Eagan. CONSENT AGENDA Councilmember Wachter noted that he believed Item G would be a benefit to the community and was a good idea. A. Personnel Items 1. It was recommended that contracting with Paul Bedney and Cory Dunkrik as score keeping officials for the adult basketball league be approved. 2. The City Council was informed that because of a vacancy, it was necessary for City Administrator Hedges to approve the hiring of Jamie Marusich as a seasonal forestry tech. B. Deferment, Senior Citizen Special Assessment - Wigley It was recommended that the senior citizen deferment for Mr. and Mrs. Lawrence Wigley at 1450 Skyline Road be approved. C. Appointment of City Representative to Metropolitan Council's Airport Reuse Committee It was recommended that Jon Hohenstein and Dale Runkle be appointed as the regular and alternate members respectively of the Metropolitan Council's Airport Reuse Committee on behalf of the City of Eagan. D. Resolution of Assessment Appeal. Project 566 (Coventry Pass Trunk Utilities - Perron) It was recommended that the Resolution adopting a settlement agreement to the assessment appeal for Project 566 (Coventry Pass Trunk Utilities - Perron) and authorize the Mayor and City Clerk to Execute all related documents be approved. R-91.69 ~la~'4dV t~ Page 3/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 E. Contract 91-07, Authorize Final Payment (1991 Sealcoating) It was recommended that the final payment for Contract 91-07 (1991 Sealcoating) in the amount of $8,062.52 to Allied Blacktopping, Inc. and accept the improvement subject to appropriate warranty conditions be approved. F. Consideration of Consent to Show Easements in Torrens Certificate, Lot 1, Block 2. Oak Chase 3rd Addition It was recommended to approve the request and authorize the Mayor and staff to execute the consent document to permit appropriate easements to be shown in a legal description of the subject property as presented. G. Authorization to Eliminate Local Board of Review It was recommended to approve a resolution eliminating the local board of review for the City of Eagan and to permit all activities previously undertaken by the board of review to be transferred to the County Board of Equalization and County staff. Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 City Administrator Hedges requested that the agenda be amended to include a brief executive session. Pawlenty moved, McCrea seconded, a motion to amend the agenda to include the executive session. Aye: 5 Nay: 0 R-91 .70 PUBLIC HEARINGS VACATE UTILITY EASEMENT L2, B1, UNISYS PARK 2ND ADDN. Mayor Egan opened the first public hearing to vacate the utility easement (Lot2, Block 1, Unisys Park 2nd Addition). Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve vacation of the utility easement over Lot 2, Block 1, Unisys Park 2nd Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Page 4/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 FINAL ASSESSMENT HEARING (LEXINGTON AVENUE) Mayor Egan opened the next public hearing regarding the final assessment roll for Project 531 (Lexington Avenue - Streets and Utilities). Director of Public Works Colbert stated that at the neighborhood meeting on October 8, 1991, the main concern was that the multi-family homeowners pay an assessment while the single-family homeowners do not. He also mentioned that the City has received 3 written objections to this assessment from Patrick McCarthy, Robert Miller of the Lexington Condominium Board, and Margie Wirth. Robert Miller explained that he was not disagreeing that he should be assessed, however, he feels that the single-family property owners south of him should be assessed. The single-family owners use the same sidewalks, sewer, access, etc. as the multi-family owners do. City Attorney Sheldon responded to Mayor Egan's question regarding whether this assessment is discriminatory by saying that the City has always uniformly applied this policy and feels that the City is not being discriminatory. It was discussed that the multi-family units in the area are zoned R-4, but if the density is lower it may lower the assessment to the multi-family owners. Mary Higgins addressed her concerns about the assessment. McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 531 (Lexington Avenue - Streets & Utilities) and authorize its certification to Dakota County. Aye: 5 Nay:O FINAL ASSESSMENT HEARING (STERNS ADDITION) Mayor Egan opened the next public hearing regarding the final assessment roll for Project 561 (Sterns Addition - Streets & Utilities). Director of Public Works Colbert related that an agreement had been reached between I.S.D. #196, James Development, and the Sterns group, regarding the assessment allocation. They are requesting the City to modify the assessment roll. City staff is comfortable with modifying the assessment roll. Mr. Colbert also mentioned that an objection letter was received by trudi Johnson-Richards. Rosemary Sterns informed the City Council of the history of the property and stated that she is not fighting the assessment, however, she is requesting deferment until she sells her property. City Page 5/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 Attorney Sheldon stated that the City Council must levy first and then defer the assessment. He felt the issues would be resolved by the next City Council meeting. trudi Johnson-Richards wanted it on record that she objects to this assessment. Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve "modified" final assessment roll per the agreement for Project 561, Sterns Addition - Street and Utilities, with future direction to negotiate with the Sterns group regarding possible deferments. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING EFFRESS ADDITION Mayor Egan opened the next public hearing regarding the final assessment roll for Project 567R (Effress Addition-Storm Sewer). McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 567R (Effress Addition - Storm Sewer) and authorize its certification to Dakota County. PROJECT 621, MANOR LAKE 4TH Mayor Egan opened the next public hearing regarding Project 621 (Manor Lake 4th Addition - Streets & Utilities). Mark Hanson (BRAA representative) discussed the report they submitted to the City on September 11, 1991, regarding the proposed street and utility improvements. Director of Public Works Colbert stated that the Ray Connelly appraisal pointed out that the improvements would not be a benefit to the property south of Manor Lake Development. Therefore the developer will be responsible for those assessments. City Attorney Sheldon stated that he spoke with Bob Middlemist and Mr.'Middlemist is not satisfied that the property south of the development will not benefit from the improvements. McCrea moved, Wachter seconded, a motion to close the public hearing and approve Project 621 (Manor Lake 4th Addition - Streets & Utilities), following recommendations by staff regarding their negotiations with Mr. Middlemist. Aye: 5 Nay: 0 Page 6/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 PROJECT 619, SADDLEHORN ADDITION Mayor Egan opened the last public hearing regarding Project 619 (Saddlehorn Addition - Streetlights). Director of Public Works Colbert stated that five streetlights are proposed to be installed at a total cost of $4,200.00, which would be installed by Dakota Electric Association. Over 50% of the neighborhood residents were in favor of the streetlights. Councilmember Pawlenty mentioned that he spoke with one of the neighbors, Jim Ingram, who did not like the proposed placement of the streetlights. A resident from the neighborhood stated that the streetlights were not a benefit to everyone as all of the streetlights were in one half of the neighborhood. He felt that if they do implement the streetlights, he would like to see more of them. Director of Public Works Colbert felt the proposed streetlights were adequate, but that an additional light could be considered. McCrea moved, Wachter seconded, a motion to continue this matter until the November 7, 1991, regular City Council meeting so that the neighborhood residents could be updated and renoticed. Aye: 5 Nay: 0 OLD BUSINESS OUTSIDE STORAGE ORDINANCE AMENDMENT Mayor Egan introduced this item regarding an amendment of Eagan City Code Chapter 11. City Administrator Hedges informed the City Council that if this item is approved, then Items B and C should be continued as the applications would not conform to the new ordinance. Community Development Director Runkle discussed the background of this ordinance and proposed changes. The manager of the Yankee Square Amoco, Jim Avery, raised his concern that if a Conditional Use Permit is required to have outside storage, it will cost him time and money. It would also involve costly remodeling. Councilmember McCrea questioned how the City would be able to enforce this ordinance and felt that some items must be stored outside. Councilmember Pawlenty stated he is not in favor of banning outside storage, however, restrictions are needed. Councilmember Gustafson commented that he did not agree with the language of the proposed ordinance and feels the main issue is aesthetics. Mayor Egan stated that he feels the proposed ordinance is better than nothing at all and likes the case by case basis on which the outside storage would be allowed. He stated he is satisfied with the process but not necessarily the language. Page 7/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 Tim Wandzel, a representative of Tom Thumb, raised his concerns with the language of the proposed ordinance. He would like clarification on whether or not the City of Eagan wants outside storage. Kara Blosbow stated that the City should survey citizens regarding this issue. Councilmember Pawlenty proposed a suggested list of changes to the ordinance. Pawlenty moved, Gustafson seconded, a motion to continue indefinitely so staff can review Pawlenty's suggestions. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/OUTDOOR STORAGE/ TOM THUMB STORES Wachter moves, Gustafson seconded, a motion to continue indefinitely. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/OUTDOOR STORAGE/ TOM THUMB STORES Gustafson moves, Wachter seconded, a motion to continue indefinitely. Aye: 5 Nay: 0 NEW BUSINESS WAIVER REQUEST/PARK SHELTER FEES/ TIGER SCOUTS Mayor Egan introduced this item regarding a waiver of the park shelter fee for Trapp Farm Park shelter for Tiger Scout Pack #452. Mayor Egan felt that because of the negative precedent and the large number of future potential waiver requests the fee should not be waived. Wachter moved, Egan seconded, a motion to deny a waiver of the park shelter fee for Trapp Farm Park shelter for Tiger Scout Pack #452. Aye: 5 Nay: 0 CLEAN WATER PARTNERSHIP PROGRAM GRANT APPLICATIONS Mayor Egan introduced this item regarding a resolution authorizing a Clean Water Partnership Program Grant application for Fish and Blackhawk Lakes. Rich Brasch, Water Resource Coordinator, explained the application and the budget process. Page 8/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 Wachter moved, Gustafson seconded, a motion to approve a resolution authorizing a Clean Water Partnership Program Grant application for Fish and Blackhawk Lakes. Aye: 5 Nay: 0 R-91.71' CONSIDERATION SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS Mayor Egan introduced this item regarding a resolution authorizing the execution of a joint powers agreement approving the issuance of a joint powers agreement, approving the issuance by the Dakota County Housing and Redevelopment authority of its $6,450,000 single family mortgage revenue refunding bonds. Mark Ulfers, Executive Director of HRA, informed the City Council that this was basically a housing affordability program. He discussed the options available to the City and stated that he felt that after the initial 10 - 18 months most of the funds would be depleted. Mr. Ulfers mentioned that legislature recently passed a regulation that monies for the first 10 months must be used for existing homes. Gustafson moved, Wachter seconded, a motion to approve the resolution authorizing the execution of a joint powers agreement approving the issuance of a joint powers agreement, approving the issuance by the Dakota County Housing and Redevelopment authority of its $6,450,000 single family mortgage revenue refunding bonds with all monies to be used within the City and the first 10 - 18 months to be restricted to existing construction. Aye: 5 Nay: 0 BOY SCOUT TROOP #345/ CHRISTMAS TREE SALES Mayor Egan introduced this item regarding an application for a special use permit for Boy Scout Troop #345 for Christmas tree sales. Gustafson moved, McCrea seconded, a motion to approve an application for a special use permit for Boy Scout Troop #345 for Christmas tree sales. Aye: 5 Nay: 0 BOY SCOUT TROOP #510/ CHRISTMAS TREE SALES Mayor Egan introduced this item regarding an application for a special use permit for Boy Scout Troop #510 for Christmas tree sales. McCrea moved, Wachter seconded, a motion to approve an application for a special use permit for Boy Scout Troop #510 for Christmas tree sales. Aye: 5 Nay: 0 Page 9/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 PRELIMINARY PLAT EXTENSION/ HELLER ADDITION Mayor Egan introduced this item regarding an extension of the preliminary plat for Heller Addition through October 16, 1992. Community Development Director Runkle commented that the only issue was whether the developer will agree to waive his right to object to the assessments associated with this project. Phillip Heller stated that he did object to waiving this right and felt that this request was extremely unfair. City Attorney Sheldon stated that if the preliminary plat was extended it could possibly hurt the City's case in the pending litigation against Mr. Heller. Mayor Egan called for a motion and no motion was made. PRELIMINARY PLAT EXTENSION/ SS MARTHA AND MARY ADDITION Mayor Egan introduced this item regarding the preliminary plat extension for SS Martha and Mary Addition through December 20, 1992. City Administrator Hedges requested that this item be continued until the November 7, 1991, regular City Council meeting to review water drainage issues. Pawlenty moved, McCrea seconded, a motion to continue until the November 7, 1991, regular City Council meeting. Aye: 5 Nay: 0 PRELIMINARY PLAT/WESCOTT SQUARE 2ND ADDITION Mayor Egan introduced this item regarding a preliminary plat for Wescott Square 2nd Addition. Community Development Director Runkle mentioned that the road configuration is the same, however, lot lines have changed and subsequently there is a reduction of two lots. A representative of the applicant stated he was available for questions. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for Wescott Square 2nd Addition. Aye: 5 Nay: 0 Page 10/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 ADDITIONAL ITEMS CONT. 91-12, APPROVE PLANS/ AUTHORIZE AD FOR BIDS Gustafson moved, Pawlenty seconded, a motion to approve the detailed plans and specifications for Contract 91-12 (Manor Lake 4th Addition - Streets and Utilities) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Friday, November 15, 1991. Aye: 5 Nay: 0 APPROVE RESOLUTION ON-STREET PARKING YANKEE DRIVE Director of Public Works Colbert discussed the background of this application and requested that the proposed signs also state: "No Parking Anytime on Curve". Gustafson moved, Wachter seconded, a motion to approve a resolution restricting parking on Yankee Drive to include no parking on the curve. Aye: 5 Nay: 0 R-91.72 MISCELLANEOUS ITEMS CHECKLIST Wachter moved, Gustafson seconded, a motion to approve a checklist dated September 30, 1991, in the amount of $1,273,565.17, and a checklist dated October 15, 1991, in the amount of $755,411.12. 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 11:30 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 12:10 a.m. CITY OF EAGAN 1PA 4".., JI-_ E. VanOverbeke, City Clerk