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1991-11-19 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 19,1991 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, McCrea, and Pawlenty. It was announced at the onset of the meeting that Councilmember Gustafson would absent until later in the meeting. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. WIM" City Administrator Hedges said that staff would request that Item B, Consent Agenda, License On-Sale Beer, James Ezzell, New Owner of Piccolos, 4162 Pilot Knob Road, be continued. Pawlenty moved, Wachter seconded a motion to approve the agenda for the November 19, 1991 regular City Council meeting, as amended. Aye: 4 Nay: 0 Councilmember Pawlenty asked that the following correction be made to the minutes for the November 7, 1991 regular City Council meeting: Page 2, paragraph 3, sentence 5, after the words "and was," the word "not" should be inserted. At the recommendation of the City Attorney's office, the motion on page 12 to approve the conditional use permit and variance for an Adams Outdoor Advertising sign at I-35E and Lexington Avenue be amended to omit the conditions and that the motion be changed to reflect the following action: "Wachter moved, McCrea seconded 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." Wachter moved, McCrea seconded a motion to approve the minutes for the November 7, 1991 regular City Council meeting as amended. Aye: 4 Nay. 0 The City Council then took the opportunity to discuss a number of miscellaneous items with staff. One item that generated a certain amount of discussion was a concern expressed by Councilmember McCrea that some of the City's volunteer firefighters are concerned about the allocation of funds to equipment in the Fire Department. She said she appreciated budget constraints, however, did not wish to see the Fire Department budget cut to the point where lives and property were in jeopardy. Fire Chief Southorn agreed that some of the Fire Department's units are getting old, however, renovations have been accomplished for two units. Another piece of equipment scheduled for upgrade or replacement will be discussed at an upcoming workshop on the C.I.P. budget. Page 2/EAGAN CITY COUNCIL MINUTES November 19, 1991 A. PERSONNEL ITEMS Item 1. It was recommended that the resignation of Kyle Kaszynski, Community Service Officer, be accepted. Item 2. It was recommended that the hiring of Richard Redenius as a Community Service Officer, subject to successful completion of the City's physical, psychological and drug examination requirements, be approved. Item 3. It was recommended that the resignation of Luke Rutten, Engineering Intern, be accepted. B. LICENSE. On-Sale Beer. James Ezzell. New Owner of Piccolo's. 4162 Pilot Knob Road The license for On-Sale Beer, requested by James Ezzell, new owner of Piccolos, 4162 Pilot Knob Road, was continued indefinitely. C. Amendment/Redefine "Tarneteclables" It was recommended that the resolution amending Chapter 6, Section 6.37 of the Eagan City Code to redefine "targeted recyclables" be approved. D. Gopher Smelting Proposal/Satellite Drop Site It was recommended that City of Eagan's support for the Gopher Smelting proposal for a satellite drop site in the City of Eagan be approved. E. Agmiment/South Metro Task Force/fig Prosecution It was recommended that the 1992 Joint Powers Agreement with the South Metro Drug Task Force for drug prosecution be approved. F. ADDroye Final Payment/Authorize City Maintenance (Rahn Road Reconstruction) It was recommended that the 12th and final payment to Contract 90-04 (Rahn Road Reconstruction) in the amount of $2,14231 be approved and that perpetual maintenance by the City subject to the appropriate warranty provisions be authorized. G. Auurove Chance Order No. 2/Contract 91-08 (Wilderness Run Road) It was recommended that Change Order No. 2 to Contract 91-08 (Wilderness Run Road) be approved. H. Aclmowledcement of Project Comnietion/Contract 87-DD (HWs of Stonebridce Addition) It was recommended that completion of Contract 87-DD (Hills of Stonebridge Addition) be acknowledged and that perpetual City maintenance be authorized subject to appropriate warranty conditions of the development agreement. Page 3/EAGAN CITY COUNCIL MINUTES November 19, 1991 I. Acknowkdaement of b*W Coin lotion/Contract 89-TT (Boulder Ridge 2nd Additlon) It was recommended that completion of Contract 89-TT (Boulder Ridge 2nd Addition) be acknowledged and that perpetual City maintenance be authorized subject to appropriate warranty conditions of the development agreement. Pawlenty moved, Wachter seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 Because of the earliness of the hour, the City Council then took up those items included with the Administrative Agenda. CITY ATTORNEY/EXECUTIVE SESSION It was noted that an executive session would follow the regular City Council agenda. CITY ADMINISTRATOR/MA. MORTENSON REQUEST After introduction by Mayor Egan, City Administrator Hedges said that MA. Mortenson, who has been hired by Northwest Airlines, Inc. for the renovation of the former Unisys Semi-Conductor Facility, has requested that the City extend construction hours during the demolition phase to 24 hours a day until the anticipated completion date in February. Director of Community Development Runkle said if problems regarding the noise were to occur, staff would work with MA. Mortenson and the neighbors in an effort to mitigate those concerns. Further discussion centered around noise and dust problems. Councilmember Pawlenty noted that it may be prudent to put Northwest Airlines on notice that if there are complaints, the waiver could be revoked. Pawlenty moved, Wachter seconded a motion to approve a request by MA. Mortenson to extend the hours of work to 24 hours a day to complete the demolition of Northwest Airline's Data Processing Center which occupies the building formerly owned by Unisys and used as a semi-conductor facility. Aye: 4 Nay: 0 DIRECTOR OF PUBLIC WORKS/CONTRACT 89-03 Mayor Egan introduced this item as Contract 89-03, Phase I & 2/acknowledge completion and final payment (Maintenance Facility Expansion). Wachter moved, McCrea seconded a motion to acknowledge completion and authorize the final payment in the amount of $11,96350 to West Bend American Builders for formal close-out of Contract 89-03 (Maintenance Facility Expansion). Aye: 4 Nay: 0 0.0 ORDINANCE AMENDMENT/OUTSIDE STORAGE Mayor Egan introduced this item as an ordinance amendment, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan City Code regarding outside storage. City Administrator Hedges provided background on the item and noted Councilmember Gustafson's memo regarding "Standards" under the proposed ordinance. It was noted that Councilmember Gustafson had concerns that the word "enclosures" as used in the amendment would be interpreted as having to be attached to a building. The Councilmember's memo suggested that the Page 4/EAGAN CITY COUNCIL MINUTES November 19, 1991 word "display" be substituted. In addition, it was Councilmember Gustafson's recommendation that all of Item f, be stricken. Mr. Jim Rabuse, of Yankee Square Amoco, asked for additional clarification of the ordinance, especially as it relates to items such as firewood. He said firewood is a seasonal item and an enclosure for such items would be more unattractive and inconvenient than as displayed currently. It was noted that outside storage is not now permitted in the City and that the proposed amendment to that portion of the City Code dealing with outside storage would permit storage under certain conditions. Mayor Egan said it must be recognized that if outside storage is to be regulated, it would be necessary to apply some subjective standards. He recommended that under Standards, Item e, the item be changed to read, "the enclosure shall not unreasonably interfere with any pedestrian or vehicular movement.w The rest of the Council was in agreement with that change. Mr. Tim Wonzel, representing Tom Thumb, agreed that adding the word "unreasonably" to Item e. would satisfy his concerns. In addition, after weighing all aspects, it was determined that the word "enclosure" be allowed to remain as stated in the amendment as well as all of Item f. Pawlenty moved, Wachter seconded a motion to approve an amendment to the Eagan City Code, Chapter 11, regarding outside storage as presented with the following changes: 1. Standards b. All such enclosures shall be attached contiguous to the principal building except in the Limited Industrial District. e. The enclosure shall not unreasonably interfere with any pedestrian or vehicular movement. Aye: 4 Nay: 0 FORECLOSE FINANCIAL SECURITY/AUTHORIZE ADVERTISEMENT FOR BIDS WILDERNESS PONDS Mayor Egan introduced this item as Contract 86-RR, foreclose financial security/authorize advertisement for bids (Wilderness Ponds - Streets & Utilities). City Administrator Hedges said that a request for continuance would be made, however, the Council may wish to discuss the item. Director of Public Works Colbert said the action being requested of the Council was a reaffirmation declaring the developer in default of the development agreement. He said staff would be asking the Council to proceed with competitive bids to take corrective action on this project due to the developer's inability to obtain easements allowing this corrective action to take place. Douglas Turbak, the developer of Wilderness Ponds, said they had not been able to obtain easements because the project as approved by the City was not acceptable to one of the neighbors, Mr. John Dudycha. Mr. Turbak said the project was completed in 1987; however, in 1989 one of the property owners in Wilderness Ponds experienced the accumulation of a significant amount of water in their backyard. He said while it took several months to fwd the problem, he believes the problem was not in their storm sewer design, but that of the Ches Mar Addition design. Director of Public Works Colbert said many of the improvements in these developments were permitted to be performed by private developers because there was not sufficient staff at that time to handle the workload. He said when these improvements were made, it was understood that only cursory reviews were made by City staff and the private developer would assume all liability for the system design. He said the existing storm sewer system in question is not adequate and Mr. Turbak has been asked to correct the runoff Page 5/EAGAN CITY COUNCIL MINUTES November 19, 1991 from his own development. He said staff has been trying to resolve the issue for the past 18 months and is not ready to assume liability for the City of a system designed anll installed by a private engineer. After further discussion, McCrea moved, Pawlenty seconded a motion to continue the request to reaffirm Council action of March 20, 1990 declaring the Wilderness Ponds Addition in default of the development agreement. Aye: 4 Nay: 0 Council urged Mr. Turbak to meet with staff in a concerted effort to resolve this issue before it is returned to the City Council at the December 3, 1991 regular City Council meeting. LIQUOR LICENSE RENEWALS McCrea moved, Wachter seconded a motion to approve the applications for 1992 liquor license renewals as listed in Exhibit A, subject to submittal of all required documentation for the license and if police review fords no reason to deny the application. Aye: 4 Nay: 0 TOBACCO TASK FORCE RECOMMENDATION After introduction by Mayor Egan, Administrative Assistant Elizabeth Witt provided brief comment on the efforts and recommendations of the Tobacco Task Force. Sheryl Casey, a member of the Task Force, said when the task force was formed, they agreed that the recommendations to the City Council would be those of the majority. As a member of the minority opinion, Ms. Casey noted her position on several items included in the task force recommendations. She particularly objected to the reference in the proposed ordinance that revocation of a license would occur only after a criminal conviction. She asked that the City Council consider patterning this ordinance after the alcohol ordinance whereas a criminal conviction is conclusive that a violation has occurred, but it is not required that the City Council determine that there was a violation and then impose revocation. City Attorney Sheldon noted that the philosophy contained within the proposed cigarette ordinance is the same as that behind cases such as "contributing to the delinquency of a minor.* He said it gives the City Council a specific, objective standard that can be measured and rated and avoids situations where the Council attempts to try a "selling cigarettes to a minor" case at a City Council meeting or revocation hearing. He said it should be noted in the ordinance that a conviction, either as a misdemeanor or, under reduced charges, a petty misdemeanor, would be grounds of revocation of the license. The City Council agreed with Ms. Casey's recommendation, however, that the ordinance be reviewed in one year. While other members of the task force were in the audience, all were satisfied that the proposed ordinance put forth to the City Council was in keeping with their recommendations. Wachter moved, Pawlenty seconded a motion to accept the recommendations of the Tobacco Task Force and to approve each of the recommendations as well as including the review of the ordinance in one year and language that would identify a certified petty misdemeanor as meeting the criteria for criminal conviction. Aye: 4 Nay: 0 Page 6/EAGAN CITY COUNCIL MINUTES November 19, 1991 PRELIMINARY PLAT EXTENSION/BEST BRANDS ADDITION Mayor Egan introduced this item as a preliminary plat extension for Best Brands Addition, located north of Yankee Doodle Road, west of Highway 13. Director of Community Development Runkle noted that clarification of Condition #2 would be resolved prior to final platting. The applicant was not present. Pawlenty moved, McCrea seconded a motion to approve a preliminary plat extension for Best Brands Addition with the provision that if the extension is granted, Condition #2 to the preliminary plat approval will be changed as follows: 2. The development is required to provide a cash dedication fulfillment of the water quality requirements of the development in accordance with the City's Water Quality Management Plan. .4 acres surface area x $65,340/ac. industrial use = $26,136 1.26 ac. ft. x 1613 cu. yds./ac. ft. x $2/cu. yd. = $ 4,064 Total = $30,200 Aye: 4 Nay: 0 VARIANCE/JEFF CLEARENCE Mayor Egan introduced this item as a variance for Jeff Clearence of 10 feet to the required 30 foot setback located at 2045 Emerald Lane. After discussion, Pawlenty moved, McCrea seconded a motion to approve a variance of 10 feet from the 30 foot setback from public right-of-way for Jeff Clearence for 2045 Emerald Lane (PID #10-16700-190-09) noting that the variance deals with the street setback as opposed to a neighboring lot line setback and there are no objections. The variance shall be subject to all City Code requirements. Aye: 4 Nay: 0 SPECIAL USE PERMIT/FERRELLGAS Mayor Egan introduced this item as a special use permit for Ferrellgas to allow the temporary storage of an outside propane tank located at Lot 1, Block 1, Mardelann Addition in the northwest quarter of Section 17 (3575 State Highway 13). Director of Community Development Runkle said this application had been reviewed with the Fire Marshal and a number of the conditions are a result of that review. Mayor Egan noted the stringent conditions and asked if there were any safety or liability concerns such as those associated with Safety Kleen. City Attorney Sheldon said that Safety Kleen was a much larger facility and they did not provide information outlining what chemicals would be stored or brought into the Safety Kleen site. Mr. Sheldon said the Ferrellgas application is the storage of propane and a little more usual situation. Jim Kraning, the Marketing Director of Ferrellgas, was present to answer any questions. Pawlenty moved, Wachter seconded a motion to approve a special use permit for Ferrellgas for temporary outdoor storage of a 1,000 gallon propane tank at 3575 State Highway 13, subject to the following conditions: 1. The 1,000 gallon propane tank shall be located at least 25 feet from each property line and at least 25 feet from the building. 2. The tank shall be located at least 10 feet from all combustible materials. Page 7/EAGAN CITY COUNCIL MINUTES November 19, 1991 3. No smoking or other sources of ignition shall occur within 15 feet of the propane tank. 4. A no smoking sign shall be posted. 5. The 1,000 gallon propane tank shall be protected from vehicular damage. 6. A mechanical permit and all other necessary permits shall be applied for through the Protective Inspections Department. 7. An emergency response plan will be filed with the City and reviewed and approved by City staff. 8. All other City Code requirements shall be met. Aye: 4 Nay: 0 REZONINGICRAY RESEARCH Mayor Egan introduced this item as a rezoning for Cray Research of approximately 40 acres from R-1 (Single Family) to a planned development district located along the north side of Lone Oak Road, east of Highway 55 in the southeast quarter of Section 1. City Administrator Hedges said that a public hearing had been held before the Advisory Planning Commission on October 22, 1991 and they had recommended approval. Director of Community Development Runkle provided background on the property and application. Mayor Egan asked Mr. Ron Zamansky, an attorney representing Cray Research, whether this property when developed would be consistent with other Cray development. Mr. Zamansky said that Cray has no specific plans; however, their thoughts for development have not changed since they acquired the property. He said the land, while it may not interconnect with the existing Cray campus, is contiguous and they would do something that would be consistent with the existing development. Mayor Egan said the proposal before the Council called for a rezoning without any specific use or users. He noted for the record, however, that the rezoning would conform with the comprehensive guide plan and as a result of that finding, would be consistent action with City policy. Councilmember Wachter noted that this would be an ideal time to address making stormwater ponds deeper so that they can be utilized to their full extent. McCrea moved, Pawlenty seconded a motion to authorize the preparation of a planned development agreement and that the finalized agreement will be returned to the City Council at a future meeting for ratification. Aye: 4 Nay: 0 RECEIVE BIDS/AWARD CONTRACT MANOR LAKE 4TH ADDITION Mayor Egan introduced this item as Contract 91-12, receive bids/award contract (Manor Lake 4th Addition - Streets & Utilities). McCrea moved, Wachter seconded a motion to continue the award of the above referenced contract to the December 3, 1991 regular City Council meeting. Aye: 4 Nay: 0 Page 8/EAGAN CITY COUNCIL MINUTES November 19, 1991 Mr. Mike Berg, of Berg Electric, addressed the Council regarding his dissatisfaction with the bidding process for City streetliighting contracts. After additional discussion, Council requested that staff obtain further information and review Mr. Berg's complaints. Mr. Bob Middlemist, of Manor Lake 4th Addition, also came forward in an attempt to gain resolution of several items of contention with the City. Mr. Middlemist said the City is requiring that he obtain a quit claim deed from his former partners, the Petersons, as a part of the development agreement. He contends that he owns the property and does not see the necessity of this step. He is also concerned that the Petersons will not agree to such a requirement. City Attorney Sheldon said that the City insists upon clear title to the property and does not wish to be placed in a position of contesting the ownership of that property. He said if Mr. Middlemist's former partners retain an interest in the property, then they are required to sign all documents. Mr. Middlemist said the City is requiring that he pay taxes on property designated for parkland before the City will accept receipt of the parkland. Mr. Middlemist said he does not wish to donate the property and pay the taxes on it. City Attorney Sheldon said the transfer of the property to the City as parkland was held up at the discretion of Mr. Middlemist. Because it was not received by the City until after July 1, 1991, additional taxes are now due and payable on the property. Because this transfer was at the discretion of Mr. Middlemist, the City does not feel they should be required to pay any outstanding taxes. Mr. Middlemist also had concerns regarding Contract 91-12, Manor Lake 4th Addition - Streets & Utilities. It was noted that the contract was continued to the December 3, 1991 City Council meeting and Mr. Middlemist could address the contract at that time. MWCC/LAND TRANSFER McCrea moved, Gustafson seconded a motion ratifying a resolution that approves, accepts and transfers property in Section 8 given to the City by the Metropolitan Waste Control Commission and then donated by the City to the Department of Natural Resources (see Exhibit A). This resolution reflects action begun in 1989 but never finalized. Aye: 5 Nay: 0 R-91.76.1 FLOWERS/ELLA SACHWIIZ Wachter moved, McCrea seconded a motion authorizing an expenditure of funds for flowers for Ella Sachwitz, a long-time Eagan resident from whom the City purchased the school bell located at the Municipal Center. Aye: 5 Nay: 0 It was determined that in the future, all visitors to be heard will be allowed to speak; however, no action will be taken on their requests. Such a procedure would allow staff to research the item and then bring it back for Council's consideration at a future City Council meeting. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated November 19, 1991 in the amount of $571,280.44. Aye: 5 Nay: 0 Page 9/EAGAN CITY COUNCIL MINUTES November 19, 1991 EXECUTIVE SESSIONIANGURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 9:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert and City Attorneys Sheldon and Hall. The executive session was adjourned at 10:20 p.m. KF CITY OF EAGAN E. . Overbeke City Clerk