Loading...
1991-12-03 City Council Minutes MINUTES OF A REGULARMEETING OF THE EAGAN,CITY COUNCIL Eagan, Minnesota December 3, 1991 A regular meeting of the Eagan City Council was held on Tuesday, December 3, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges advised the Council that Item B, Old Business, Receive Bids/Award Contract (Manor Lake 4th Addition) would be recommended for continuance to the December 17, 1991, regular City Council meeting. In addition, Item B, New Business, Variance for Sienna Corporation, will be withdrawn and the fees recommended for refund. McCrea moved, Gustafson seconded, a motion to approve the agenda for the December 3, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 Wachter moved, Pawlenty seconded, a motion to approve the minutes for the November 19, 1991, regular City Council meeting as presented. Aye: 5 Nay: 0 C31ENT~t~~rE3 In regard to Item F, Dakota County Compost Site Lease, Councilmember Gustafson questioned the advisability of committing the City to a lease which will be up for renewal before the City knows whether the property will be needed for an ice arena facility. Assistant to the City Administrator, Jon Hohenstein, said the April date was chosen at the request of the vendor who operates the compost site for Dakota County. If the lease was not renewed by the City, the notice time would allow the vendor to relocate operations during the summer when use of the site is not as heavy as spring or fall months. Councilmember Pawlenty reminded the City Council that he would abstain from discussing and voting on Items B and C of the Consent Agenda, and Item A of Old Business, all of which are related to Adams Outdoor Advertising billboard requests. A. Personnel Items Item 1. Investigator/Police Department--It was recommended that the appointment of John Stevenson as an investigator for the Eagan Police Department be approved. Item 2. It was recommended that the hiring of Ross Anderson, Theresa Bland, Ian Dozier, Chris Fitch, Michael Geere, Tim Gill, Aaron Godleski, Andy Halverson, Rob Helebrant, Wayne Leseman, Cory Lynch, Mike Mattson, Michael Melville, Ray Sperl, Brent Tait and Joseph Tracy as temporary seasonal recreation leaders for the 1991/1992 winter recreation season be approved. Page 2/EAGAN CITY COUNCIL MINUTES December 3, 1991 B. Resolution. Findings of Fact. Adams Outdoor Advertising. Denial of an Outdoor Sign on Parcel 011- 27 It was recommended that the Findings of Fact and the Resolution denying the application of Adams Outdoor Advertising for a conditional use permit for an outdoor advertising sign and a variance to allow more than 250 square feet of signage area to be located on Parcel 10-03200-011-27 along the east side of I-35E south of Cliff Road on the northwest quarter of Section 29 be approved. R-91.7 7 C. Resolution. Findings of Fact, Adams Outdoor Advertising. Denial of an Outdoor Sign on Parcel 041- 01 It was recommended that the Findings of Fact and the Resolution denying the application of Adams Outdoor Advertising for a conditional use permit for an outdoor advertising sign and a variance to allow more than 250 square feet of signage area to be located on Parcel 10-02900-041-01 along the east side of I-35E south of Cliff Road on the northwest quarter of Section 32 be approved. R-91 .78 D. Project 90-I. Acknowledge Completion /Authorize City Maintenance (Autumn Ridge Addition - Streets & Utilities) It was recommended that the completion of Project 90-1 (Autumn Ridge Addition - Streets & Utilities) be approved and perpetual City maintenance authorized subject to all appropriate warranty provisions. E. Vacate Drainage & Utility Easement, Receive Petition jOrder Public Hearing, Lot 2. Block 5. Drexel Heights Addition) It was recommended that the petition to vacate a portion of a utility easement (Lot 2, Block 5, Drexel Heights Addition) be received and a public hearing scheduled to be held January 7, 1992. F. Agreement, Dakota County Compost Site Lease It was recommended that the Dakota County Compost Site lease agreement be approved as presented. Gustafson moved, Wachter seconded, a motion to approve the Consent Agenda as presented Aye: 5 Nay: 0 (Items B & C: Aye: 4 Nay: 0 Abstain: 1 (Pawlenty) A workshop session for the purposes of discussion and direction regarding the recreation center/ice arena was set to be held after the regular City Council meeting on December 17, 1991. Wachter moved, Gustafson seconded, a motion to approve a six-month extension for the use of City meeting space for the American Legion and that any fee for its use be waived. Aye: 5 Nay: 0 Mayor Egan asked that the members of the City Council begin to consider possible replacements for his position on the Minnesota Valley Transit Authority Board. He suggested perhaps another councilmember or staff person. Mayor Egan introduced this item as the public hearing for the 1992 Property Tax Levy and General Fund and Public Enterprise Fund Budget. City Administrator Hedges provided brief background and a ! & 11 t Page 3/EAGAN CITY COUNCIL MINUTES December 3, 1991 distribution regarding the public hearing on the proposed 1992 budget and the Truth in Taxation legislation concerning the proposed property tax levy. Five persons in the audience identified themselves as being present for discussion of this item. Mr. Don Christenson, 3676 Pilot Knob Road, said the taxes on two residential lots he owns across from commercial property had increased dramatically and asked whether taxes of $910.38 for each lot were fair. He said, if anything, the value of the lots should be lowered because of their proximity to commercial property. It was explained that problems such as property classification and market value were not within the jurisdiction of the City. While it was agreed that it would be necessary for Mr. Christenson to contact the County and his State legislator with his questions, it was also agreed that the tax system and its taxing jurisdictions are often confusing to the taxpayer. Craig Feistner, 2082 Pin Oak Drive, said he had just received an increase across the board--school district, city, county--of 30 + He said he found such an increase "ridiculous" and questioned how the City could be holding the line with increases of 30%. City Administrator Hedges said the City's proposed levy of 2.2% would not keep pace with inflation nor the City's growth but would essentially cover debt services and not on- going operations. He then went on to explain the affect the State legislature has had on city budgets through fiscal disparities and changes in property tax rates on commercial and high-valued residential property that lowered the City's total tax capacity for calculating property taxes. Jeff Foster, 3870 Dolomite Drive, asked what residents were supposed to do to pay for the increases in their property taxes. He said it would be very difficult for the average person to protest these taxes at both the county and the state level. He asked that the City Council get involved and attempt to do something about the inequities as a body rather than as individuals. Members of the City Council explained various actions the City has taken though its membership in the League of Minnesota Cities, Association of Metropolitan Municipalities and other lobbying groups in an attempt to get legislators to bring equity to the collection of property taxes and the dispersal of State funds. All agreed they too were frustrated with the system as it presently stands both as City officials and as homeowners. Gustafson moved, Wachter seconded, a motion to approve the 1992 property tax levy and authorize the official certification of the levy to the County. Aye: 5 Nay: 0 Gustafson moved, Egan seconded, a motion to approve the General Fund Budget. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded, a motion to approve the 1992 public enterprise fund budget. Aye: 5 Nay: 0 R-91.79 . .....7:I:'8[flI........................ :l?S>i RESOLUTION/ADAMS OUTDOOR ADVERTISING/PARCEL020-76 Mayor Egan introduced this item as a resolution, findings of fact, for Adams Outdoor Advertising, approval of an outdoor sign on Parcel 020-76. City Attorney Sheldon noted that the findings of fact in support of the approval of this sign permit were site specific. Among other issues, the resolution references this as being a larger site in a commercial/industrial area and more harmonious with the surrounding property and property values. Councilmember McCrea said she was more inclined to support billboards north of Pilot Knob Road and I-35E but not south. Director of Community Development Runkle pointed out that generally speaking, most of the commercial/industrial zoned property along I-35E is north of that intersection. .71 Page 4/EAGAN CITY COUNCIL MINUTES December 3, 1991 Gustafson moved, Egan seconded, a motion to approve the findings of fact and the resolution approving the application of Adams Outdoor Advertising for a conditional use permit for an outdoor advertising sign and a variance to allow more than 250 square feet of signage area to be located on Parcel 10-00300-020-76 along the east side of I-35E, west of Lexington Avenue on the southeast quarter of Section 3. Aye: 4 Nay: 0 Abstain: 1 (Pawlenty) R-91 .80 RECEIVE BIDS/AWARD CONTRACT (MANOR LAKE 4TH ADDITION) Mayor Egan introduced this item to receive bids/award contract for Manor Lake 4th Addition. Director of Public Works Colbert said that very favorable bids had been received and staff is very comfortable with the bids and the contract. Because the final plat has not been approved, he asked that consideration of the contract be continued to the December 17 meeting. Also, because of the late start, he noted that the completion date for the contract would have to be adjusted. Bob Middlemist, developer of Manor Lake 4th Addition, asked who would be responsible for the additional costs if the contract is not completed on time. Director of Public Works Colbert said he was confident that no additional costs would be incurred if the contract was allowed to begin next spring and the completion date extended. Gustafson moved, McCrea seconded, a motion to continue to the December 17, 1991, regular City Council meeting the bidgs for Contract 91-12 (Manor Lake 4th Addition - Streets & Utilities). Mr. Middlemist then began to enumerate a number of items in dispute relating to the final plat for Manor Lake 4th Addition. Mayor Egan explained to Mr. Middlemist that it was very difficult for the City Council to do justice to issues not included on the scheduled agenda. He advised Mr. Middlemist to make a written request to be on the agenda for the December 17, 1991, regular City Council meeting. FORECLOSE FINANCIAL SECURITY/WILDERNESS PONDS Gustafson moved, Wachter seconded, a motion to continue foreclosure of financial security to the December 17, 1991, regular City Council meeting to allow the preparation of a settlement agreement document for Project 86-RR, Wilderness Ponds -Streets and Utilities. Aye: 5 Nay: 0 VARIANCE/SIDEYARr ETBACK/EAGAN ROYALE Mayor Egan introduced this item as a Variance for R. A. Kot Homes, Inc., of a 16' Variance to the Setback Requirement of 50' from I-35E in the Southeast Quarter of Section 31 (Lot 18, Block 2, Eagan Royale). Because of the unusual shape of the lot, will make the applicant requested a variance to allow the house to be placed closer to the front of the lot not only because of curb appeal but even with the variance, the house is 80' from the curb. After noting the excessive frontyard setback of 80', Gustafson moved, McCrea seconded, a motion to approve a 16' variance to the 50' setback for a State highway right-of-way for R. A. Kot Homes for the property located at 2109 Royale Court subject to the following conditions: 1. No other variances shall be granted for this lot. Page 5/EAGAN CITY COUNCIL MINUTES December 3, 1991 2. All other applicable City Ordinances are adhered to. Aye: 5 Nay: 0 VARIANCE/SHORELANDSETBACK/OAKS OF BRIDGE WATER 2ND Mayor Egan introduced this item as a Variance for Sienna Corporation of 15' to the 50' Setback from General Development Lakes in the Shoreland Zoning Ordinance, Located at Lot 1, Block 3, Oaks of Bridgewater 2nd Addition. Staff advised that after further review of the shoreland ordinance, it was determined that no variance was required and asked that this application be withdrawn. Because a variance is not required, it was also requested that the application fees be refunded to the applicant. McCrea moved, Wachter seconded, a motion to refund the application fees associated with the variance request from Sienna Corporation for Lot 1, Block 3, Oaks of Bridgewater 2nd Addition. Aye: 5 Nay: 0 PRELIMINARY PLAT/EASY EATERY ADDITION/CROWN COCO Mayor Egan introduced this item as a preliminary plat for Easy Eatery/Crown Coco, Inc., Consisting of One, Approximately 4.2 Acres GB (General Business) Zoned Lot Located in the Northwest Section of Diffley Road and Nicols Road in the Southwest Quarter of Section 19. City Administrator Hedges said a public hearing had been held at the November 26 Advisory Planning Commission meeting and they had recommended approval. Director of Community Development Runkle provided background on this item and indicated that four possible variances would be requested by the applicant if the preliminary plat was approved. Dave Miller, representing Crown Coco, Inc., then outlined their proposal and apprised the Council of concerns raised in their letter of November 27, 1991. He said they had recently acquired the property to the north of their existing facility and while this additional property is considered an unbuildable lot, it is being included in the computation of a number of City fees. They asked that fees be based on the buildable portion of the property. They would also prefer that the City use the northern portion of the property to meet any ponding and water quality requirements. In addition, Mr. Miller said the County has requested additional right- of-way for Diffley Road resulting in the need to shift the entire project 12' to the north. They are concerned that this will have a negative impact on their visibility and they intend to request a setback variance. The south access to Nicols Road is being recommended as "exit only." Mr. Miller said they believe this will be difficult to enforce and asked that the City construct and sign that access. In closing, Mr. Miller indicated that this is the best project Crown Coco can offer but added they believe it would be a mistake to continue with the project without a variance for an additional pylon sign. Mayor Egan asked if any objections to the project had been received from surrounding property owners. Director of Community Development Runkle said that the developer had reduced the size of the parking lot area and, therefore, shifted the project and access to the site to the south. Director of Public Works Colbert noted that the northern most access to the site should align with the driveway to the school property directly across the street. A number of concerns were expressed by the City Council that the parking lot situated to the north of the proposed building would not be used because it is not convenient. All agreed, however, that while it may not be used, placing parking spaces in front of the building would present significant safety problems. Page 6/EAGAN CITY COUNCIL MINUTES December 3, 1991 Director of Public Works Colbert then addressed the ponding easement being requested of this development and the applicant's request to waive all cash dedication requirements in exchange for the easement. Mr. Colbert said rather than waive fees such as park and trail dedication fees, if the developer does not feel it is in their best interests to provide a ponding easement, then that condition should be eliminated. However, if an easement is dedicated, then he would prefer to see a cost participation agreement negotiated whereby the City would participate in expanding this ponding area. He and Director of Community Development Runkle agreed that the fees due on the property should be calculated using only the useable portion of the lot. Director of Public Works Colbert said if a cost participation agreement is reached with the developer, it would be preferable for the City to construct the pond with Crown Coco responsible for a certain percentage of the costs. Mr. Miller then asked a question about the need to abandon the existing utility services. Mr. Colbert said if Crown Coco intends to use the existing services, no action need be taken. However, if new water and sewer services are constructed, provision must be made for abandoning the old services. Discussion then turned to Mr. Miller's letter and several issues of preliminary plat: Condition 4, outside displays; Condition 6, outdoor loudspeakers; Condition 9, gasoline tank stand pipes. Mr. Runkle explained that any outside storage would be subject to the new conditional use permit process for outside storage, the prohibition on the use of outdoor loudspeakers referred only to advertising, and the requirement that the gasoline tank stand pipes be attached to the building was intended for aesthetic purposes. Tom Stone, also representing Crown Coco, said the owner of the Easy Eatery property feels very strongly about the necessity for a second pylon sign. Mayor Egan said he did not wish to raise hopes for a pylon sign and indicated that the issue of an additional sign would not be addressed until that application came before the City Council. Mr. Miller said that if the pylon sign is not approved, they will not do the project. McCrea moved, Pawlenty seconded, a motion to continue to the December 17, 1991, regular City Council meeting the preliminary plat application for Easy Eatery Addition/Crown Coco, Inc., with instruction to staff to address the above issues. Aye: 5 Nay: 0 Todd Rapp, representing Bob Middlemist, approached the City Council to clarify what steps need to be taken in order to discuss Manor Lake 4th Addition's final plat. Mr. Rapp said it was his understanding that the final plat would not be on a City Council agenda until the development contract is signed; however, Mr. Middlemist takes exception to a number of issues in the development contract and does not wish to sign it. It was recommended that Mr. Middlemist outline each of the items in dispute in writing and the issue will be brought to the City Council for their review at the December 17, 1991, regular City Council meeting. . X".................... 9" Wachter moved, Egan seconded, a motion to approve the checklist for December 3, 1991, in the amount of $543,422.58. Aye: 5 Nay: 0 2~ ac v Page 7/EAGAN CITY COUNCIL MINUTES December 3, 1991 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider privileged information at 9:30 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, and City Administrator Hedges. The executive session was adjourned at approximately 10:00 p.m. KF CITY OF EAGAN O E. 9anOieke Clerk