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1991-11-07 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 7, 1991 A regular meeting of the Eagan City Council was held on Thursday, November 7, 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 said that the only change to the agenda was a request to move the first item under Administrative Agenda, YMCA Grading Permit, to Department Head Business. With that change in mind, McCrea moved, Wachter seconded a motion to approve the agenda for the November 7, 1991 regular City Council meeting, as amended. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded a motion to approve the minutes for the June 18, 1991, special City Council meeting. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded, a motion to approve the minutes for the July 2, 1991, special City Council meeting. Aye: 5 Nay: 0 Councilmember Pawlenty recommended the following change to the minutes for the July 29, 1991 special City Council meeting: Page 3, paragraph 1, fifth sentence after the words "support a," strike the words, "combination of a." Gustafson moved, McCrea seconded a motion to approve the minutes for the July 29, 1991 special City Council meeting as amended. Aye: 5 Nay: 0 Pawlenty moved, Wachter seconded a motion to approve the minutes for the September 3, 1991 special City Council meeting. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded a motion to approve the minutes for the September 10, 1991 special City Council meeting. Aye: 5 Nay: 0 Pawlenty moved, Gustafson seconded a motion to approve the minutes for the October 22, 1991 special City Council meeting. Aye: 5 Nay: 0 Wachter moved, Gustafson seconded a motion to approve the minutes for the October 15, 1991 regular City Council meeting. Aye: 5 Nay. 0 DEPi'1ME1`1E,1Sli YMCA GRADING PERMIT After introduction by Mayor Egan, City Administrator Hedges said that the original YMCA grading permit had been approved by the City Council subject to final analysis and detailed review by City staff. Page 2/EAGAN CITY COUNCIL MINUTES November 7, 1991 Concerns regarding further development plans and the preservation of trees were relayed to the YMCA. Director of Community Development Runkle said numerous meetings had been held with staff, surrounding property owners and the YMCA to address those concerns. He said the grading permit had been revised to include four additional acres which would allow some shifting of the site plans in order to be more site sensitive. He said the only property to be graded at this time is that intended for Phase 1 and Phase 2 of the Y project. Director of Community Development Runkle noted that Gopher Smelting remains opposed to the use, however, indicated their opposition was related to a separate issue. Ross Fefercorn, of Country Home Builders, said that while the plan before the Council was a more appropriate plan with less intense grading, questions and concerns still remained. He said the plans the YMCA has put forth are conceptual at best and need more detail as to landscaping, retaining walls and actual grading. Mr. Fefercorn was concerned that if the Y were not built, what guarantees were in place for restoration. He then went on to question the advisability and compatibility of locating a YMCA and daycare center across from Gopher Smelting. Mr. John Traver, President of the YMCA, said he could assure the Council that construction would take place on the site next spring and summer with the only question remaining being size. He said if fundraising efforts were successful, Phases 1 and 2 would be built, however, if they were only partially successful, only Phase 1 would be constructed. He said in order to be successful in raising funds, they must have a specific site. He also indicated that beyond the significant savings of having the grading done now was the YMCA's desire to occupy the site by late summer. Councilmember Pawlenty asked Mr. Traver to clarify that locating the facility on the West property was the Y's choice and was not a site being directed or recommended by the City. Mr. Traver said the local organization committee and the general board of the YMCA had performed a review and felt the West site to be a very good site for the Y not only because of the donation but because it is on a main access and would therefore serve other communities as well as Eagan. Councilmember Pawlenty then asked Mr. Traver about a letter from Leonard, Street & Deinart regarding the location of the YMCA across from Gopher Smelting. Mr. Traver said this was not a new development and said the YMCA would never jeopardize the health and welfare of its members. He said the Y would have a complete environmental study done of the area and would be very concerned if they found pollution on the site. He said it was his understanding that no current laws were being violated by the smelter, however, they would scrutinize the site by hiring Twin Cities Testing as well as an outside consultant. City Administrator Hedges informed the Council that the City had done periodic testing at the Gopher Smelting site over the years, however, approximately six years ago the Environmental Protection Agency made it clear that they are the regulatory body for the policing of environmental concerns associated with Gopher Smelting. Mr. Traver added that they assumed the area was safe or the EPA would "draw a line around Gopher Smelting" and allow no development in that area. City Administrator Hedges said that the EPA had been part of correspondence regarding the development of this site and had not been in contact with the City regarding any concerns. Mr. Harry Gallaher, representing West Publishing, also indicated he had not had any conversations with the EPA. Mr. John Nasseff, of West Publishing Company, provided background on how they came to be involved with the YMCA in the development of a Y facility on the West property. He said West had given the property, as well as a $500,000 contribution, to the Y for the people in the community. He said the development of a Y would help the entire community and would also help Mr. Fefercorn sell his houses; however, if there are pollution concerns with the property, West would want to be aware of it. Mr. Fefercorn said the facility was not good for him as a builder and other sites would be more appropriate for a daycare center. Councilmember Gustafson asked Mr. Fefercorn why he would continue to build homes in the same area as Gopher Smelting if it presented a danger. Mr. Fefercorn said there were always risks, however, the risk he was referring to in regard to Gopher Smelting and the YMCA had more to do with the public perception of locating a facility across from a smelter. He asked that the City look at everything before removing all the trees. Mr. Fefercorn also indicated _r Page 3/EAGAN CITY COUNCIL MINUTES November 7, 1991 that Opus Corporation had donated the equipment for grading the site and it would not be a tremendous cost to bring the equipment out again next spring. It was pointed out to Mr. Fefercorn, however, that the equipment might not be available next spring as it would be in use by Opus. Councilmember Pawlenty suggested that the Council move ahead. He said it was the City's job to look at the grading permit, the platting and the ordinances as they apply and it is incumbent upon Mr. Traver and the YMCA to get to the bottom of any question of pollution from Gopher Smelting. Mr. Steve Bryant, of West Publishing, noted for the Council's information that an exhibit from the Environmental Impact Statement (EIS) for West indicates that the Y development is substantially less than what was originally planned for that property by West. Linda Briand and Jim H, residents of the City, both came forward to indicated their support for the Y facility. Gustafson moved, Wachter seconded a motion to approve the grading permit for the YMCA site considered Outlot C and part of Outlot B of the West Publishing 4th Addition. Aye: 5 Nay: 0 HALLOWEEN SNOW STORM Mayor Egan commended the Public Works Department, the Parks & Recreation Department, and all others involved in the snow removal efforts associated with the Halloween storm. He indicated that staff had done an incredibly good job as evidenced by the small number of phone calls of complaint. A. PERSONNEL ITEMS Item 1. It was recommended that the resignation of Frank J. Oster, part-time building maintenance worker, be accepted. Item 2. It was recommended that Wayne Schwan be formally appointed as Superintendent of Utilities and filling the vacant Supervisor position in the Sewer Section of the Utilities Division authorized. B. Licenses. Plumbers It was recommended that the following plumbers' licenses be approved: 1) Hopkins Plumbing & Heating, 2) Peterson Plumbing & Heating, 3) Solar Mechanical, Inc, and 4) L. T. Steiner, Inc. C. Proclamation. Chemical Health Week. November 8-15. 1991 It was recommended that the week of November 8-15 be proclaimed Chemical Health Week in the City of Eagan. R-91.72.1 D. Canvass of November 5 Election Results It was recommended that the results of the November 5, 1991 municipal elections be officially declared. ,l'~ j q A"1 Page 4/EAGAN CITY COUNCIL MINUTES November 7, 1991 E. Receive Specifications/Authorize Advertisement for Bids. 2100 Gallon Flusher Truck. Parks & Recreation De ent It was recommended that specifications be received and advertisement for bids for a 2,100 gallon flusher truck be approved. F. Resolution. Dakota County Community Landfill Abatement Special Assistance Grant Program It was recommended that the resolution regarding the Dakota County special assistance grants program for solid waste reduction activities be approved. R-91.73 G. Consideration. Hadler Park Planned Development Agreement It was recommended that the Hadler Park Planned Development Agreement be approved and execution of the agreement be directed. H. Application. Service Station Permit. Cedarvale Sinclair! Bradco Automotive. Inc.. 3946 Nicols Road It was recommended that the service station permit for Cedarvale Sinclair/Bradco Automotive, Inc. be approved. 1. Land Surveyor's Certificate of Correction to Plat. Difflev Commons Addition It was recommended that the land surveyor's certificate of correction to the plat for the Diffley Commons Addition be approved. J. License. Off-Sale Liquor. Ralph Magnuson for Liquor ShoDue Inc.. 4250 Lexinaton Avenue It was recommended that the off-sale liquor license for Ralph Magnuson for the Liquor Shoppe, Inc. be approved. K. Agreement to Settle Damage Claim. Brutger Company/St. Paul Companies It was recommended that an agreement to settle a damage claim against the Brutger Company/St. Paul Companies be approved. L. Contract 90-08. Approve Final Payment/ uthorize City Maintenance (Sibley Terminal Industrial Park - Storm Sewer) It was recommended that the third and final payment to Contract 90-08 (Sibley Terminal Industrial Park - Storm Sewer) in the amount of $11,313.74 be approved and the City authorized to perform perpetual maintenance subject to appropriate warranty provisions. M. Project 612. Receive Feasibility Report/Project (Lexington Avenue Storm Sewer & Blackhawk Cover Sanitary Sewer Lift Stations Reconstruction) It was recommended that the feasibility report be received and Project 612 (Lexington Avenue Storm Sewer and Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction) be approved. Page 5/EAGAN CITY COUNCIL MINUTES November 7, 1991 N. Contract 92-02. Approve Plans. Authorize Advertisement for Bids (I.exinnton Avenue Storm Sewer & Blackhawk Cove Sanitary Sewer Litt Stations Reconstruction) It was recommended that the plans for Contract 92-02 (Lexington Avenue Storm Sewer & Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction) be approved and advertisement for a bid opening at 10:30 a.m. on December 13 be authorized. 0. Amendment to Pond Construction Agreement (I.ot 2. Block 1. Eagandale Center Industrial 8th Addition) It was recommended that the amendment to Pond Construction Agreement for Lot 2, Block 1, Eagandale Center Industrial Park 8th Addition be approved and the Mayor and City Clerk authorized to execute all related documents. P. Contract 90-17. ADnrove Final Payment/Authorize City Maintenance/Well Pumps #3 and #4 Repair It was recommended that the second and final payment for Contract 90-17 (Well Pumps #3 & #4 Repair) to Bergeson Caswell, Inc. in the amount of $2,089.02 be approved and City acceptance for perpetual maintenance authorized subject to all appropriate warranty provisions. Pawlenty moved, Gustafson seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 WWW"M FINAL ASSESSMENT HEARING/DELINQUENT BILLS After introduction by Mayor Egan, City Administrator Hedges asked that Parcel #10-14352-040-02 be removed from the assessment roll as the bill was incurred for that property before purchase by the present owner. The property owner of Parcel #10-31900-060-02 also indicated a similar situation and asked that his name be removed from the assessment roll. City Administrator suggested that the City Council omit his parcel in approving the assessment roll and his claim would be reviewed. He said if there was no basis for the claim, the assessment would be returned to the City Council for certification to the County. McCrea moved, Pawlenty seconded a motion to close the public hearing and approve the final assessment roll for the delinquent bills with the exception of Invoice 5242 and authorized its certification to the County for collection. After the motion, a resident came forward to contest the bill he had received for weed cutting. He indicated he did not understand the process and did not feel the bill appropriate. After discussion, it was determined that the assessment roll would be allowed to stand as approved, however, staff will review his particular situation. Aye: 5 Nay: 0 Page 6/EAGAN CITY COUNCIL MINUTES November 7, 1991 VACATION/OUTLOT A. COVENTRY PASS ADDITION Mayor Egan introduced this item as the vacation of public right-of-way and drainage/utility easements for Outlot A of the Coventry Pass Addition. Director of Public Works Colbert indicated that all notices had been published in the legal newspaper and sent to all potentially affected parties informing them of this proposed vacation. He said as of this date, staff had not received any objections to this request. Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation of public right-of-way and drainage/utility easements over that portion of Outlot A, Coventry Pass Addition, as described. Aye: 5 Nay: 0 SADDLEHORN ADDITION/STREETLIGHTS Mayor Egan introduced this item as Project 619, Saddlehorn Addition, installation of streetlights. Director of Public Works Colbert said that at the October 15 City Council meeting, a public hearing had been held to consider the installation of streetlights within the Saddlehom Addition. Such consideration was in response to a petition submitted by 13 of the 25 properties within that development. Because of concerns expressed by residents, the City Council continued the public hearing to November 7 and directed staff to prepare alternatives for review with the homeowners at a neighborhood meeting to be held on Monday, October 28. Mr. Colbert indicated that the neighborhood meeting had been held, however, only two property owners were in attendance. In addition, one letter and one telephone call had been received in reference to this project. Mayor Egan then addressed the audience. He said the City Council had been petitioned for streetlights in the Saddlehorn Addition but when the public hearing was held on October 15, the majority of those in attendance were opposed to the streetlights. Mayor Egan said with three alternatives available, he was concerned that the Council act on that alternative held by the majority position. He then asked if there was anyone in the audience who wished to address the issue. There was no one in attendance to discuss Project 619. McCrea moved, Wachter seconded a motion to close the public hearing and approve Project 619, Saddlehorn Addition (Streetlights) as originally proposed and authorize their installation through Dakota Electric Association. Councilmember Gustafson indicated that he would vote against the motion based on a letter and phone call received in opposition to the proposed streetlights. Aye: 4 Nay: 1 (Gustafson) oto PRELIMINARY PLAT EXTENSION/SS. MARTHA & MARY ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for the Ss. Martha & Mary Addition, located at the northeast intersection of Diffley Road and Lexington Avenue in the southwest quarter of Section 23. The Mayor said this item had been continued from the October 15, 1991 regular City Council meeting and said all issues had been satisfactorily resolved. He asked Rev. George Martin, representing Ss. Martha & Mary Episcopal Church, if he was satisfied with the resolution of issues and he indicated he was. Pawlenty moved, Gustafson seconded a motion to approve a one-year preliminary plat extension for Ss. Martha & Mary Addition located at Diffley and Lexington Avenues as presented subject to the eight conditions of original approval and the following new conditions: Page 7/EAGAN CITY COUNCIL MINUTES November 7, 1991 9. A water quality pond shall be required to treat the adidtional runoff that will be generated by this development. The pond shall have 0.23 acres of surface area at the NWL and shall have a wet pond volume of 0.65 acres/feet. 10. This development shall dedicate 60' of half right-of-way along both County roads for the ultimate development of Lexington Avenue and Diffley Road. Aye: 5 Nay: 0 OUTSIDE STORAGE ORDINANCE AMENDMENT Mayor Egan introduced this item as an ordinance amendment with the City of Eagan, amending Chapter 11 (zoning) of the Eagan City Code regarding outside storage. City Administrator Hedges indicated the item had been considered by the Advisory Planning Commission at their September meeting and staff was requesting additional time to circulate the ordinance amendment to others in the business community. Mr. Tim Wonzel, representing Tom Thumb Stores, said he had an opportunity to review the proposed ordinance change and asked that the City Council consider clarification in the following areas: 1) He asked that references to "trash receptacles" be defined. He said as presently defined, a trash barrel would not even be allowed by the front door of the store. 2) He indicated that vending machines had been left out of the definition of outside storage and said they should be subject to the same ordinance requirements. 3) Under "Standards," he requested a better definition of enclosures, and questioned whether the enclosures used for ice chests and propane were appropriate. 4) Also under "Standards," the ordinance would require that no enclosure interfere with any pedestrian or vehicular movement. Mr. Wonzel said under the strictest interpretation, anything on the sidewalk would interfere with pedestrian traffic and asked that minimum requirements be indicated or the minimum space be defined. After addition discussion, McCrea moved, Wachter seconded a motion to continue to the November 19, 1991, regular City Council meeting, an amendment to the City Code Chapter 11 regarding outside storage for additional consideration of proposed technical modifications. Aye: 5 Nay: 0 LOT COMBINATION AGREEMENT/SHERYL & DAVID RINGBERG Mayor Egan introduced this item as a lot combination agreement for Sheryl and David Ringberg to combine Lot 1, Block 5, Windtree 4th Addition with Lot 1, Block 2, Windtree 6th Addition. Director of Community Development Runkle indicated that combining the two parcels would permit combination of adjacent lots into a single tax parcel and allow the applicant to homestead the property. The applicant was present. Gustafson moved, Wachter seconded a motion to approve a request to combine Lot 1, Block 5, Windtree 4th Addition and Lot 1, Block 2, Windtree 6th Addition subject to a lot combination agreement as presented. Aye: 5 Nay: 0 FRONT YARD SETBACK VARIANCE/SUNCREST ADDITION Mayor Egan introduced this item as a variance for William G. Huttner, Lot 1, Block 1, Suncrest Addition, for 10 feet from the front yard setback. w J Page 8/EAGAN CITY COUNCIL MINUTES November 7, 1991 After discussion, it was indicated that the hardships for this variance would involve saving additional trees on the property as well as permitting a larger home which would conform with the standards of the neighborhood. McCrea moved, Wachter seconded a motion to approve a 10 foot variance from the required 30 foot front yard setback for William Huttner for Lot 1, Block 1, Suncrest Addition as presented subject to all other City Code requirements. Aye: 5 Nay. 0 SIDE STREET SETBACK VARIANCE/THOMAS LAKE ADDITION Mayor Egan introduced this item as a variance for M. W. Johnson & Associates, Inc. of 5 feet to the street side setback for Lot 8, Block 1, Thomas Lake Addition. The applicant was present. Before making a motion to approve this variance, Councilmember Pawlenty noted the substantial decrease in the number of feet requested for this variance as opposed to the 15 foot variance approved but never enacted for this lot in 1987. He also noted the odd shape of the lot and the difficulty of placing a home on this lot. Pawlenty moved, Gustafson seconded a motion to approve a variance of 5 feet from the 30 foot setback from a public street for M. W. Johnson for Lot 8, Block 1, Thomas Lake Addition subject to the following conditions: 1. No other variances shall be granted for this lot. 2. All other applicable ordinances. Aye: 5 Nay: 0 SPECIAL USE PERMIT/MINI-DONUT SALES/CUB FOODS Mayor Egan introduced this item as a special use permit for Michelle Florez, Lot 1, Block 1, Cliff Lake Center, for temporary sales of mini-donuts outside of Cub Foods. It was noted that this application had been approved for one year in 1990 and no complaints had been received. McCrea moved, Pawlenty seconded a motion to approve a special use permit for Michelle Florez for temporary sales of mini-donuts outside of Cub Foods subject to the following conditions: 1. The operation shall be limited to Saturdays and Sundays from 9:00 a.m. to 9:00 p.m. 2. The permit is temporary and shall expire November 30, 1992. 3. The sales area shall be clearly delineated and a sufficient amount of space provided to keep customers out of available parking spaces and traffic lanes. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/SCHUSTER EQUIPMENT COMPANY Mayor Egan introduced this item as a conditional use permit for Schuster Equipment Company to allow sales and service for heavy equipment on Lot 1, Block 1, Sibley Terminal Industrial Park located along the west side of Highway 13, south of Alexander Road, in the northwest quarter of Section 9. Director of Community Page 9/EAGAN CITY COUNCIL MINUTES November 7, 1991 Development Runkle said the applicant was in agreement with the conditions placed on the conditional use permit, however is looking for some latitude in the timeframe in which to comply with some of those conditions. Mr. Mark Olson, President of Schuster Equipment Company, said the primary marketing focus of his company is selling and servicing mobile street sweepers and snow plows for municipal agencies. At the present time, they employ three full-time employees in Parts & Service, and two full-time sales people. Mr. Olson said they are planning to increase their sales staff to four persons in the near future. Director of Public Works Colbert then asked the applicant if he was aware that if the conditions were not met within the time frame indicated in the conditions, the conditional use permit for Schuster Equipment Company would be revoked. The applicant indicated he was aware of the conditions of approval. Pawlenty moved, Gustafson seconded a motion to approve an application for a conditional use permit for the Schuster Equipment Company to allow sales and service for heavy equipment subject to the following conditions as modified by the timeframes indicated: 1. All trash and recycling containers shall be stored indoors. 2. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 3. This conditional use permit shall be recorded at Dakota County within 60 days of City Council approval with documentation provided to the City. 4. All other applicable City Codes shall be adhered to. 5. Two catch basins shall be constructed to collect stormwater runoff from the site and the catch basins shall connect to a new manhole to be built over the existing 48 inch stormsewer on the north side of Alexander Road by June 1, 1992. 6. The east edge of the site shall be graded to provide for a maximum slope of 3:1 and the area shall be restored in accordance with City requirements by June 1, 1992. 7. The gravel parking lot south and west of the building shall be upgraded to a bituminous or concrete surface with concrete curbing gutter by July 1, 1993. 8. A permit is required from the City for any construction activities within public right-of-way. 9. The broken concrete blocks laying on the property shall be removed. 10. No more than 20 vehicles at one time shall be stored outside. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS/VARA1 aINCES ADAMS OUTDOOR ADVERTISING Before addressing the four conditional use permits and variances requested by Adams Outdoor Advertising for billboard signs, Mayor Egan indicated it would be most expeditious to discuss the entire issue of billboards before judging each sign request on its individual merits. He also indicated that the four concerns expressed by Advisory Planning Commission Chairman Gary Graves had been noted. City Administrator Hedges said the Advisory Planning Commission had recommended denial of all four applications. Page 10/EAGAN CITY COUNCIL MINUTES November 7, 1991 Councilmember Pawlenty said his law firm had at one time represented the Naegele Outdoor Advertising Company and in order to avoid the appearance of a conflict of interest, he did not believe it appropriate to act on the competitor's applications for billboards. The Councilmember then removed himself from the discussion and the vote on each of the four conditional use permits/variances. Each billboard location was discussed by the City Council and then Mayor Egan opened discussion to public comment. Mr. John Bodger, representing Adams Outdoor Advertising, said their application had been delayed a year ago because of a moratorium placed on billboards by the Eagan City Council. Now that the moratorium had been lifted, Adams Outdoor Advertising was requesting signs based on the same square footage as other applications in the City. He said when these signs are first built, the advertising space may not be sold immediately and would present an opportunity to place public service announcements on them. He said they also have agreed not to carry any liquor or cigarette advertising on their billboards in Eagan. Mr. Bodger said all four property owners were-trying to market their properties and all four billboards should be looked upon as temporary. Mr. Bob Graziger, also representing Adams Outdoor Advertising, said the concession to not allow any tobacco or liquor advertising on any billboards in Eagan was given in order to allow Adams to build the same size billboard that has been granted to competitors. He said that both he and Mr. Bodger lived in Eagan and were sensitive to the community and had no desire to place signs in either residential or parkland areas. He believed the signs, if aesthetically built, could generate income for Eagan businesses and Adams would pursue Eagan business as a top priority. During discussion on these items, Mr. Graziger offered another concession and indicated Adams Outdoor Advertising would concede the billboard on Diffley if the other three signs were approved. Councilmember Gustafson then asked if the applicant met the conditions for a conditional use permit whether the application would have to be granted. City Attorney Sheldon noted that a number of factors must be met in the conditional use permit process. He said the burden of proof, however, is on the applicant to show that they have met these factors, not on the City to show that they have not. He said each application is site specific and the City Council may grant a conditional use permit or variance on one site for specific reasons but that does not indicate they must approve all four. Mr. Sheldon said the variance in itself could be reason enough for denial of an application. CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING EAST SIDE OF I-35E Conditional use permit, Adams Outdoor Advertising signs, and a variance to allow more than 250 square feet located on Parcel 011-27 along the east side of I-35E, south of Cliff Road in the northwest quarter of Section 32. Director of Community Development Runkle said that the sign being requested would be 40 feet high and have 378 square feet of signage. After discussion, McCrea moved, Wachter seconded a motion to deny a conditional use permit for Adams Outdoor Advertising for an outdoor advertising sign and a variance to allow more than 250 square feet located on Parcel 011-27 along the east side of I-35E, south of Cliff Road in the northwest quarter of Section 32 as presented. The City Attorney recommended that a findings of fact be prepared for each of the actions taken in respect to these applications prompting Councilmember McCrea to withdraw her motion and replace it with the following: McCrea moved, Wachter seconded a motion directing staff to prepare a resolution and findings of fact for the denial of a conditional use permit for Adams Outdoor Advertising for an outdoor advertising sign and a variance to allow more than 250 square feet on Parcel 011-27 along the east side of I-35E, south of Cliff Road in the northwest quarter of Section 32 and that this resolution and findings of fact will be returned to the City Council for their consideration at the November 19, 1991 regular City Council meeting. Page 11/EAGAN CITY COUNCIL MINUTES November 7, 1991 Mayor Egan noted that the unique nature of this property indicated that it was highly unlikely it would be developed. He said in that case, this billboard would become a permanent fixture on the property making it different from the other billboard sites. He asked that such reasons be incorporated into the resolution and findings of fact. Aye: 3 Nay. 1 (Gustafson) Abstain: 1 (Pawlenty) CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING DIFFLEY ROAD Conditional use permit, for Adams Outdoor Advertising for an outdoor advertising sign and a variance to allow more than 250 square feet located on Parcel 041-01 along the east side of I-35E, south of Diffley Road in the northeast quarter of Section 29. Director of Community Development Runkle said the sign being requested would be 40 feet high and have 378 square feet of signage. The underlying zoning of this particular parcel is Roadside Business and the sign will remain until the property is developed. He said the site is elevated in comparison to the freeway. McCrea moved, Wachter seconded a motion directing staff to prepare a resolution and findings of fact for the denial of a conditional use permit for Adams Outdoor Advertising sign and a variance to allow more than 250 square feet located on Parcel 041-01 along the east side of I-35E, south of Diffley Road in the northeast quarter of Section 29. Aye: 3 Nay: 1 (Gustafson) Abstain: 1 (Pawlenty) CONDITIONAL USE PERMIT/VARIANCEADAMS OUTDOOR ADVERTISING I-35E AT FEDERAL DRIVE Conditional Use Permit, for Adams Outdoor Advertising and variance to allow more than 250 square feet located on Outlot A of the Rasmussen College Campus Addition along the west side of I-35E east of Federal Drive in the northeast quarter of Section 16. Director of Community Development Runkle said that the sign being requested would be 40 feet high and have 378 square feet of signage. He said the present zoning of the property is Limited Business and the site is elevated in comparison to the freeway. Mr. Bill Neimitz, of Rasmussen Business College, spoke in opposition to the billboard signs. He questioned whether the signs would be temporary as it may be more profitable to allow the signs to remain and not pursue development of the property. Mr. Neimitz indicated his concerns that a billboard in front of their building would have a negative impact on the Rasmussen Business College. Mr. Graziger then indicated that if the City Council approved the billboard next to Rasmussen Business College, the sign would be erected low enough not to infringe upon the college. He said they wished to be sensitive to the Rasmussen Business College and noted that the bulletin board in front of the Rasmussen Business College in Minnetonka was used by the college for advertising. Before voting on this application, Councilmember McCrea asked the Director of Community Development whether the applicant would have to wait 12 months before reapplying if this application were denied. Director of Community Development Runkle indicated they would. Councilmember McCrea then asked the applicant if they wished to withdraw the application rather than face denial. Mssrs. Bodger and Graziger indicated they wished to withdraw their application for a conditional use permit for Adams Outdoor Advertising for an outdoor advertising sign and a variance to allow more than 250 square feet located on Outlot A of the Rasmussen College Campus Addition along the west side of I-35E, east of Federal Drive, in the northeast quarter of Section 16. Page 12/EAGAN CITY COUNCIL MINUTES November 7, 1991 CONDITIONAL USE PERMIT/VARIANCE[ADAMS OUTDOOR ADVERTISING I-35E AND LEXINGTON AVENUE Conditional use permit for Adams Outdoor Advertising, and a variance to allow more than 250 square feet located on Parcel 020-76 along the east side of I-35E, west of Lexington Avenue in the southeast quarter of Section 3. Director of Community Development Runkle said that the sign being requested would be 40 feet high and have 378 square feet of signage. Mr. Kenneth Schindeldecker then spoke representing the heirs to the Mary Post estate. He said the proposed location for a billboard on the Mary Post estate property was not a scenic area and was across from stacks of lumber that are higher than the signs proposed by Adams Outdoor Advertising. He said the family is facing a hardship because in this economy no one is interested in purchasing the property even though it has been for sale for some time. He said the taxes are rising and many of those in the estate are on fixed incomes and are having a difficult time meeting the taxes and the assessments that have accrued to the property. Mr. Schindeldecker said the property would remain for sale until it is sold and once it is sold, the sign would come down. Mayor Egan noted that it was the only sign request that was in an industrially zoned area. Wachter moved, McCrea a motion to approve the application for a conditional use permit for Adams Outdoor Advertising and a variance to allow more than 250 square feet located on Parcel 020-76 along the east side of I-35E, west of Lexington Avenue in the southeast quarter of Section 3 and that the City Attorney's office be directed to prepare a motion of approval and appropriate findings to be returned as a resolution to the City Council at their December 3, 1991, regular City Council meeting. Aye: 4 Nay: 0 Abstain: 1 (Pawlenty) In closing, Mayor Egan said Adams Outdoor Advertising was permitted to withdraw their application concerning the Rasmussen Business College property to allow the applicant to meet with Rasmussen College officials and attempt to work out objections to that sign location. The applicants were not given the option to withdraw their requests for the two sign locations that were denied but Mayor Egan indicated they could, if they wished, make a request for reconsideration to the City Council at some time in the future. TAX FORFEIT PARCEL #16 City Administrator Hedges said at the October 1 City Council meeting, staff had been directed to review the availability and suitability of land for a park within Service District #16. It has come to the attention of City staff that a 63 acre parcel platted as Outlot H of Royal Oaks Circle has gone tax forfeit and could be obtained by the City at no cost. While the City Council generally agreed that a tax forfeit parcel would be a windfall to the City, Councilmember McCrea indicated her continuing concerns regarding the annual operating costs of the City's parks. City Administrator Hedges noted that City staff was not advocating the purchase of more parkland and was only responding to a petition received from residents in Service District #16. Wachter moved, Gustafson seconded a motion to approve the acquisition of 6.3 acres of Parcel #5 platted as Outlot H of Royal Oaks Circle. Aye: 5 Nay: 0 LMC DRAFT RESOLUTION POSTPONEMENT OR REPEAL OF PRESIDENTIAL PRIMARY City Administrator Hedges said that the League of Minnesota Cities had asked that the City consider a draft resolution calling upon the Legislature to repeal or at least postpone the scheduled 1992 Presidential R-91.74 Page 13/EAGAN CITY COUNCIL MINUTES November 7, 1991 Primary. It was noted that a Presidential Primary would add election expenses to the City of Eagan without providing any financing from the State. The legislation would also require voters to declare which political party ballot they wished to receive prior to casting their votes. Such information would be of little use to the City since all candidates for municipal election run for office without affiliation to the major political parties. Gustafson moved, Wachter seconded a motion to approve a resolution calling for the repeal of the Presidential Primary. After further consideration, Councilmember Gustafson withdrew this motion in favor of the following motion: Gustafson moved, Wachter seconded a motion to approve a resolution calling for the postponement of the Presidential Primary for four years and that language outlining the lack of benefit to the City of Eagan as well as the additional cost be incorporated into the proposed resolution. Aye: 5 Nay: 0 PUBLIC WORKS/PROJECT 89-00 AND 89-PP WHISPERING WOODS 5TH & 6TH ADDITIONS/STREETS & UTILITIES Wachter moved, Gustafson seconded a motion acknowledging completion of Project 89-00 and 89-PP (Whispering Woods 5th & 6th Additions - Streets & Utilities) and authorizing perpetual City maintenance subject to appropriate warranty conditions of the development agreement. Aye: 5 Nay. 0 PUBLIC WORKS/PROJECT 87-00 EVELAND ADDITION - SEWER & WATER SERVICES Gustafson moved, Wachter seconded a motion to acknowledge completion of Project 87-00 (Eveland Addition - Sewer & Water Services) and authorizing perpetual City maintenance subject to appropriate warranty conditions of the development agreement. Aye: 5 Nay: 0 PUBLIC WORKS/PROJECT 473 MAINTENANCE PARCELS 0-0.80 & 84. SECTION 22 Wachter moved, Gustafson seconded a motion to approve a resolution regarding the settlement of an assessment appeal for Project 473 (Pilot Knob Road - Trunk Storm Sewer) for Parcels 10-02200-010-80 and 84 and authorized the Mayor and City Clerk to execute all related documents as necessary for recording at Dakota County. Aye: 5 Nay: 0 R-91.75 PUBLIC WORKS/PATRICK ADDITION/DECLARATION OF DEFAULT Director of Public Works Colbert provided background on this issue and said that although the City had informed the bank and developer that the Letter of Credit must be renewed, no assurances had been received that it would. Because staff feels this financial security is necessary to guarantee completion of the development's requirements, they are recommending the Council declare the development in default of its obligations under the development contract agreement. Mark Parranto, representing the developer, explained the matter from their perspective and said the only thing remaining to be completed on the project is dormant seeding. He added that defaulting on the development agreement would be much more than necessary to cover the costs of the seeding. He recommended the $700 remaining in the existing developer's escrow and a Letter of Credit in the amount of approximately $7000. Director of Public Works Colbert said that staff had been working for the past three years Page 14/EAGAN CITY COUNCIL MINUTES November 7, 1991 to get compliance on this development's requirements and each time deadlines they committed to have come and gone. He said his department still has concerns that because seeding was not done, spring will arrive without any turf established and problems associated with erosion will occur. Mr. Parranto said they have cleaned up erosion problems in the past and will continue to do so. Director of Public Works Colbert pointed out that declaring the developer in default would allow the City to insure the completion of the development. He said if the developer complies with their agreement and renews the Letter of Credit, it would remain in effect until all requirements are completed. He said the developer would still have a full opportunity to comply with and there may be no need to call the Letter of Credit. Pawlenty moved, Gustafson seconded, a motion to approve a resolution declaring the Patrick Addition in default of the development contract agreement and authorized the liquidation of the financial security directing staff to take whatever action necessary to ensure compliance through the use of contractual forces if necessary. Aye: 5 Nay: 0 R-91 .76 SPECIAL CITY COUNCIL MEETING Gustafson moved, Egan seconded, a motion to hold a special City Council meeting on November 26, 1991, at 5:00 p.m. Aye: 5 Nay: 0 CITY LOGO After discussion, it was the general consensus of the City Council to use the free standing Lone Oak Tree as the City's logo on stationary, uniforms, etc., with the understanding that the issue will be studied in the future with the intent of updating the City's logo. METROPOLITAN AIRPORTS COMMISSION COMMENTS & AIRPORT DEVELOPMENT OPTIONS City Administrator Hedges stated that the Airport Relations Committee at their last regular meeting held on October 7, reviewed the City Council's position with respect to expansion of the existing airport site in the context of the MAC's determination that the north-south runway will be the preferred alternative in their expansion plans. He further stated that the Metropolitan Airports Commission will hold a public hearing on November 12, and 13 on the preliminary selection of an airport development option for the Minneapolis-St. Paul International Airport. The City Administrator reminded the City Council that a resolution was adopted at the June 18 City Council meeting stating that the City of Eagan does not support any of the runway alternatives under consideration at MSP, further opposes the west terminal alternatives and, finally, that the City will continue to review both the expansion and relocation tracks of the dual track planning process and reserve the right to support or oppose either track as additional information becomes available. He stated that any change to that previous resolution should be stated for the public record at the November 12 and 13 public hearings before the Metropolitan Airports Commission. City Councilmember Gustafson stated that he is leaning toward the position of the local ENAC group which supports relocation; however, would not recommend a change to the resolution approved at the June 18 meeting. Mayor Egan also commented on the various recommendations of ENAC and agreed with City Councilmember Gustafson that the most recent position of the Airport Relations Committee supporting the June 18 resolution should be presented as the official position of the City of Eagan at this time. City Councilmembers generally agreed that if the improvements proposed at MSP severely impact the community, the City should keep its options open which may favor a relocation or a new airport. Mayor Egan summarized the consensus of the City Council to support the Airport Relations Committee and not amend the action of the June 18 meeting that addresses the City's continuation to review both expansion and relocation tracks of the dual track planning process until additional information becomes available. s F6d r-sf Page 15/EAGAN CITY COUNCIL MINUTES November 7, 1991 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated October 31, 1991, in the amount of $2,042,269.10 and the checklist dated November 5, 1991, in the amount of $1,575,255.23. 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 10:35 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, Assistant to the City Administrator Hohenstein and City Attorney Sheldon. The executive session was adjourned at approximately 11:05 p.m. KF CITY OF EAGAN 0 Aft E. anOverbeke, City Clerk