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1991-05-07 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota May 7, 1991 A regular meeting of the Eagan City Council was held on Tuesday, May 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. AGENDA City Administrator Hedges pointed out that an additional item under Department Head Business would be considered: Finance Department/1991 Equipment Certificates It was staff's recommendation that Item B, Public Hearings, Project 589R, Elrene and Trails End Road - Utilities and Street Reconstruction be continued to the May 23, 1991 regular City Council meeting. In addition, Item E, Old Business, Ordinance Amendment Regarding Tobacco Products was also recommended for continuance to the June 4, 1991 regular City Council meeting. City Administrator Hedges said, however, that the City Council may wish to vote to see if there was a consensus to continue or whether there was interest in the audience or among the City Council to discuss it at this meeting. Pawlenty moved, Wachter seconded a motion to approve the agenda for the May 7, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 As a separate action, McCrea moved, Gustafson seconded a motion to continue to the June 4, 1991 regular City Council meeting, Item E, Old Business, Ordinance Amendment, City of Eagan, Amending Eagan City Code Chapter 6, Entitled "Other Business Regulations and Licensing," by Amending Section 6.34 Regarding Tobacco Products; and by Adopting by Reference Eagan City Code Chapter 1 and Section 6.99. Aye: 5 Nay- 0 Councilmember Pawlenty recommended the following changes to the April 16,1991 regular City Council minutes: Page 8, paragraph 6, sentence 1, add the following language "and regulate political signs in other manners. He suggested that the City consider adding political signs as part of the proposed ordinance changes." City Attorney Sheldon recommended the following changes: Page 6, paragraph 5, last sentence should be stricken. Page 6, paragraph 6, sentence 1, add the words "consideration of after the word "meeting." Wachter moved, Gustafson seconded a motion to approve the minutes of the April 16, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded a motion to approve the minutes of the April 23, 1991 special City Council meeting. Aye: 5 Nay: 0 Councilmember Pawlenty recommended the following change to the April 9, 1991 special City Council meeting minutes: PAGE 2/EAGAN CITY COUNCIL MINUTES May 7, 1991 Page 3, paragraph 3, sentence 5, change "would support regulation" to 'would consider supporting regulation." McCrea moved, Pawlenty seconded a motion to approve the minutes of the April 9, 1991 special City Council meeting as amended. Aye: 5 Nay: 0 McCrea moved, Pawlenty seconded a motion to approve the minutes of the April 2, 1991 special City Council meeting. Aye: 5 Nay: 0 Pawlenty moved, Wachter seconded a motion to approve the minutes of the March 12, 1991 special City Council meeting. Aye: 5 Nay: 0 FINANCE DEPARTMENT/1991 EQUIPMENT CERTIFICATES City Administrator Hedges said the Legislature is considering, as a part of the tax bill, legislation that would require cities to deduct any payment for debt outside the general levy as a part of the general levy beginning in 1992. He said this had raised concerns regarding any special levies for equipment certificates as after May 20, they would no longer be permissible. Mr. Hedges said there is an important need at the municipal center for a new telephone system and would like to add a provision to the equipment certificates for acquisition of a system to replace the existing telephone system. The City Administrator said authorization would also be needed to negotiate a certificate We with a financial institution. He went on to add that if a special levy is authorized, a May 20 deadline would have to be met. Wachter moved, Gustafson seconded a motion to authorize the private placement of an equipment certificate sale with a local lending institution in the amount of $600,000. Aye: 5 Nay. 0 ACKNOWLEDGEMENTS Assistant Finance Director, Ken Damlo, and Police Operations Captain, Ken Aszmann, were recognized for temporarily assuming the duties of the Director of Finance and Police Chief, respectively. PLAQUE/HUMANE SOCIETY Mayor Egan acknowledged receiving a plaque in appreciation for active and cooperative participation in the Minnesota Valley Humane Society of Dakota County. PLAQUE/DAKOTA COUNTY Mayor Egan acknowledged the receipt of a plaque from Dakota County recognizing the recycling efforts of the residents of Eagan. For 1990, 5840 tons of various materials were recycled in the City. In regard to Consent Agenda, Item E, Donation of Outdated Equipment, the City Administrator said that on the advice of the City Attorney, a waiver would be requested of the Kettle River and Kerrick Fire Departments for any liability in the operation of this equipment. PAGE 3/EAGAN CITY COUNCIL MINUTES May 7, 1991 A. Personnel Items Item 1. Seasonal Utility Maintenance Workers-It was recommended that the hiring of George Scott, Derrick Sharpe and Darren Wilke as Seasonal Utility Maintenance Workers be approved. Item 2. Seasonal Street Maintenance Worker-It was recommended that the hiring of Jamie Witt as a Seasonal Street Maintenance Worker be approved. Item 3. Resignation/Municipal Center Receptionist-It was recommended that the resignation of Kimberly Rau, full-time Receptionist at the Municipal Center, be accepted. Item 4. Resignation/Police Officer, Promotion/Police Officer and Hiring/Community Service Officer- It was recommended: 1) that the resignation of Police Officer Curtis Sisco be accepted effective July 3, 1991; 2) that John Serier II be promoted from Community Service Officer to Police Officer; and 3) that Kyle Kaszynski be hired as a Community Service Officer subject to successful completion of the City's psychological, medical and drug testing procedures. Item S. Interim Hirings-It was recommended that the hiring of Erick Tubbs as a Seasonal Parks Maintenance Worker and Jeremy Klotz as a Seasonal Street Maintenance Worker be acknowledged. B. Plumbers Licenses It was recommended that the following Plumbers Licenses be approved: 1) A-Aaron's, a Division of Waste, Inc; 2) Leon Duda Plumbing Service (Also a Water Softener License); 3) Neu Plumbing, and 4) William F. Ridler Plumbing and Heating. C. Tree Maintenance Contractor License It was recommended that a Tree Maintenance Contractor License be approved for Henning and Rhode Associates. D. Extension. Provision of Facility for American Lesion Post It was recommended that an extension of the arrangement by which the American Legion post utilizes City facilities for monthly meetings for an additional six months be approved. E. Declaration of Surulus Propgrr y and nest to Donate Outdated Self-Contained Breathing Apparatus (SCAB) to Kettle River and Kerrick Fire Departments It was recommended that the declaration of surplus property and donation of the surplus self-contained breathing apparatus to the Kettle River and Kerrick Fire Departments be approved. In addition, a waiver will be requested of these Fire Departments for any liability in the operation of this equipment. F. Amendment to the Fee Schedule/Police Department for Fingerprinting It was recommended that an amendment to the City's fee schedule establishing a $10 fee for public fingerprinting be approved. PAGE 4/EAGAN CITY COUNCIL MINUTES May 7, 1991 G. Accreditation. Eagan Police Department Formal Withdrawal from Program It was recommended that the formal withdrawal from the police accreditation program for the Eagan Police Department be approved. H. Waiver of Plat. Mark Calvin. Duplex Lot Split to Allow Individual Ownership of Lot S. Block 1. Oakwood Heights 2nd Addition It was recommended that the waiver of plat/duplex lot split for Mark Calvin on Lot 5, Block 1, Oakwood Heights 2nd Addition, be approved. R-91.23 1. Approval Final Draft. 1991 Comprebensive Sewer Policy Plan It was recommended that the final draft of the 1991 Comprehensive Sewer Policy Plan be approved and its distribution authorized to regional agencies for formal review and comment. J. Project 613. Receive Feasibility Reno /Order Public Hearing (Willbrook Addition - Streets & Utilities) It was recommended that the feasibility report for Project 613 (Willbrook Addition - Streets & Utilities) be received and a public hearing scheduled to be held June 4, 1991. B. Project 584. Receive Assessment Roll/Order Public Hearing (Rahn Road Reconstruction) It was recommended that the final assessment roll for Project 584 (Rahn Road Reconstruction) be approved and a final assessment public hearing scheduled to be held June 18, 1991. L. Per ject 578. Receive Final Assessment Roll jOrder Public Hearing (Sibley Terminal Industrial Park - Storm Sewer) It was recommended that the final assessment roll for Project 578 (Sibley Terminal Industrial Park - Storm Sewer) be approved and a final assessment public hearing scheduled to be held June 4, 1991. M. Contract 90-14. Approve Final Payment/Authorize City Maintenance (Stafford Place - Storm Sewer) It was recommended that the 3rd and final pay request for Contract 90-14 (Stafford Place - Storm Sewer) be approved in the amount of $4,251.19 and acceptance for perpetual maintenance authorized subject to contractual warranty requirements. N. Contract 89-22. Approve Final Payment/Authorize City Maintenance (Hills of Stonebridge 2nd Addition - Utilities) It was recommended that the 2nd and final pay request for Contract 89-22 (Hills of Stonebridge 2nd Addition - Utilities) be approved in the amount of $11,846.60 and acceptance for perpetual maintenance authorized subject to contractual warranty requirements. 0. Project 466. Approve Settlement Agreement (Hope Assessment Appeal) It was recommended that the stipulation for settlement agreement for assessments associated with Project 466 as it pertains to parcel #10-16400-082-00 (Hope) and the Mayor and City Clerk authorized to execute all related documents. PAGE 5/EAGAN CITY COUNCIL MINUTES May 7, 1991 P. Contract 90-17. Approve Chance Order #1 (Wells #3 and #4 -Pump Repair) It was recommended that Change Order #1 to Contract 90-17 (Wells #3 and #4 - Pump Repair) be approved and that the Mayor and City Clerk be authorized to execute all related documents. Q. Project 601. Authorize Feasibility Reuort (Lone Oak Road and Lexington Avenue Signalization and Intersection Improvements) It was recommended that the feasibility report for Project 601 (Lone Oak Road and Lexington Avenue - Signalization and Intersection Improvements) be approved. R. Contract 90-13. Annrove Change Order #1 (Effress Addition - Storm Sewer) It was recommended that Change Order #1 to Contract 90-13 (Effress Addition - Storm Sewer) be approved and the Mayor and City Clerk authorized to execute all related documents. S. Final Plat. Finaserve Addition It was recommended that the final plat for Finaserve Addition be approved as presented. Gustafson moved, Wachter seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay. 0 R-91.24 PROJECT 610/OAKS OF BRIDGEWATER 2ND ADDITION Mayor Egan introduced this item as Project 610, Oaks of Bridgewater 2nd Addition (Streets & Utilities). City Administrator Hedges said that the feasibility report for this project was received at the April 2, 1991 regular City Council meeting and a public hearing scheduled for May 7. Director of Public Works Colbert said the project involved only one development and the developer has waived his rights to a public hearing. No one was in the audience to address the issue. McCrea moved, Gustafson seconded a motion to close the public hearing and approve Project 610, Oaks of Bridgewater 2nd Addition (Streets & Utilities). Aye: 5 Nay. 0 PROJECT 589R/ELRENE ROAD Mayor Egan introduced this item as Project 589R, Elrene Road (Streets and Storm Sewers). He went on to say there was a request before the Council for continuance; however, he was aware that Mr. Bob Engstrom, developer of the Woodlands North Addition, wished to speak to the Council. Mr. Harry Gallaher and Mr. Steve Bryant, representing West Publishing, were present to answer any questions. A representative of the Woodlands North did not come forward to address the issue. Gustafson moved, McCrea seconded a motion to continue to the May 23, 1991 regular City Council meeting the public hearing for Project 589R, Elrene Road (Streets & Utilities). Aye: 5 Nay. 0 PAGE 6/EAGAN CITY COUNCIL MINUTES May 7, 1991 PROJECT 546/FINAL ASSESSMENT HEARING CEDARVALE BOULEVARD RESURFACING Mayor Egan introduced this item as Project 546, Final Assessment Hearing (Cedarvale Boulevard - Resurfacing). The Mayor then asked if anyone was in the audience to address the item and no one came forward. Director of Public Works Colbert said the final assessment roll for this project was presented to the City Council at the April 2, 1991 regular City Council meeting. He said all notices had been published and sent to the affected property owners. He said no objection had been received to date. Gustafson moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 546 (Cedarvale Boulevard - Resurfacing) and authorize its certification to Dakota County. Aye: 5 Nay. 0 PROJECT 524/FINAL ASSESSMENT HEARING JOHNNY CAKE RIDGE ROAD Mayor Egan introduced this item as Project 524, Final Assessment Hearing, Johnny Cake Ridge Road. He said it was staffs recommendation that the final assessment public hearing be continued to the June 4, 1991 regular City Council meeting. Pawlenty moved, Gustafson seconded a motion to continue the final assessment public hearing to June 4, 1991 for Project 524 (Johnny Cake Ridge Road). Aye: 5 Nay: 0 U55~ BLACKHAWK PARK IMPROVEMENTS After brief introductions by Mayor Egan and City Administrator Hedges, Director of Parks and Recreation Ken Vraa outlined the plan for the Blackhawk Park improvements. He said the original plan was for much more development in the park, but those plans had been scaled back in response to meetings held with residents. Mr. Vraa said the City had hired Pat Jostad, an environmentalist, to assist in the development of the park. Mr. Vraa then went on to explain the plan in detail with additional explanation regarding traffic, water quality, reforestation, and direct access off Deerwood Drive. In answer to a question from Councilmember Gustafson, Mr. Vraa said the pavilion would be a multi-use pavilion similar to the one at Trapp Farm Park. Also, he added that a design had not been established for the shelter building but the footprint used on schematic drawings was to indicate size only. In regard to screening between the park and the homes on Riverton Avenue, Mr. Vraa said staff would be happy to work with the residents in establishing a landscaping plan. Mayor Egan then opened the discussion to public comment. Mr. Tim Lano, of 1632 Hawk Place, and representing Citizens for a Better Blackhawk Park, asked that the City Council consider the following: 1) direct access to the park. He said if that could not be worked out, then a T-intersection or another workable alternative for the park access road off of Murphy Parkway should be explored, 2) that the one large pavilion be scaled down to two, accommodating 75 people each, or three, for 50 people each, and that common facilities be used wherever possible, and 3) that a fence or tree buffer be placed between the yards and the park access road off Murphy Parkway. Councilmember McCrea asked Mr. Lano if the neighbors had agreed to accept a fence as a barrier and Mr. Lano said that a barrier would be needed of some sort, but the neighbors would prefer that the street be moved over by 20 to 25 feet because the blacktop would come right up to the back lot lines. PAGE 7/EAGAN CITY COUNCIL MINUTES May 7, 1991 Mr. Bill Griffith, of the Larkin, Hoffman, Daly and Lindgren law firm, and representing the Blackhawk Park Association, said very few concerns of the residents had been addressed. Mr. Griffith said the Association he represented was requesting that the pavilion size be reduced to accommodate 125 people and the parking area reduced accordingly, that the warming house be moved to the bottom of the hill, that the City commit to the landscape plan with the residents and that both parking lots be reduced by half. Mr. Jeff McDonald, also working with the Blackhawk Park Association, said they were not opposed to retaining all buildings except the warming shelter. He said in keeping with a greater privacy level for the neighbors, all intensive uses of the park should be placed in the "hollow" area of the park. In addition, all levels of adjoining homes should be buffered from the park and its uses. Mr. John Epple, of 3856 Riverton, said the homes on Riverton were built long before Blackhawk was designated a community park. He said he had attended every meeting regarding the park and had made every effort to express his concerns. Ms. Ellen Engquist, 3840 Riverton Avenue, said her home was next to the west access to the park. She said she thought the park was originally designated a neighborhood park, but that designation had changed. Ms. Engquist said she had taken an informal survey of those using the park and not one of the 500 residents surveyed wanted the park developed to this magnitude. Ms. Lisa Rodysill, of 3838 Riverton Avenue, said she is trying to sell her home and development of the park will affect its value. Ms. Rodysill expressed her opposition to the size of the pavilion and the accompanying parking lots. She said nothing the neighbors wanted had been taken into account. Mr. Rick Day, of 1621 Murphy Parkway, complained of incomplete staff work. He expressed his opposition to a retaining wall near the Murphy Parkway access which he believed would create a dam in his backyard and cause flooding of his property. He also asked that the park not be used any later than dusk and that alcohol use be prohibited in all parks. Ms. Val Schaff, 1632 Blackhawk Lake Drive, presented a petition from her neighbors. She said she had collected 281 signatures in support of the trail system including the foot bridge for the Blackhawk Community Park. She was concerned that problems with other areas of the park would hold up development of the trailway and bridge system. Mayor Egan asked Ms. Schaff whether there were concerns in the community that the park would not be developed. Ms. Schaff said she did not get that impression but did believe that disputes could hold up the trail and foot bridge. Mr. Ted Royster, of 1589 Murphy Parkway, expressed concerns regarding the park access and the safety of that access. He said that residential streets and large groups using the park were a bad combination. Mr. Gunnar Isberg, of 1528 Blackhawk Ridge Court, said he did get the impression that the neighbors did not want anything developed in this park. He commended staff for doing an outstanding job in respecting the natural resources of the area. He said he did understand the concerns of the neighbors, but the residents to the north of Blackhawk Park were mainly concerned about access to the park. Mr. Dennis Anderson, of 1606 Murphy Parkway, said that the Parks Commission had not done enough to acquire direct access off Deerwood Drive. He said it would be the only community park in Eagan without a major road access and the only community park with houses on three sides. He too asked that a T-intersection onto Murphy Parkway be constructed if access to the park could not be changed. He said he wanted the park to remain passive and any development should be downsized. PAGE 8/EAGAN CITY COUNCIL MINUTES May 7, 1991 Mr. Mark Parranto, of 3537 Lake Park Drive, said he had lived in Eagan since the mid 70's. He asked that the City Council not vote only on what was heard tonight, but vote for the people in the City who were not in attendance. Mr. George Bohlig, of 1680 Blackhawk Cove, spoke in favor of developing the park. He acknowledged that a buffer would be needed on the western edge of the park, however, acknowledged that the parking lots would have to be sized to accommodate those who wished to use the park. He said a lot of effort had been put into the development of the park over the years and supported its development. Ms. Marty Welsh, of 1597 Murphy Parkway, said not enough effort had been put into obtaining direct access to the park. She went on to say that if park access stayed as it was and someone was hurt, it would be the responsibility of the City Council. Ms. Welsh also pointed out that an unpatrolled park is a breeding ground for mischief and recommended that it be closed at dusk. Mr. Ken Ische, of 3881 Palisade Way, said he had two concerns, one regarding access to the park and the other regarding the privacy of those immediately adjoining the park. After everyone was given an opportunity to speak, Mayor Egan closed the hearing to public comment. Councilmember Gustafson pointed out that alcohol in the park, the hours of access to the park and noise in the park were all concerns, however, control of those issues would be related to policy, not to the plan to develop Blackhawk Park. The Councilmember also said that safety was a top priority of every City Councilmember and added that other neighborhoods in the City experienced much higher traffic counts than that which would accompany development of Blackhawk Park. Councilmember McCrea said that those parks with inadequate parking and where parking on the street is a common occurrence, would seem to have a higher risk factor. She said she was concerned that adequate parking be provided in the park so that parking in the street was not necessary. In answer to a question from the City Council, Director of Parks and Recreation Vraa discussed the number of police calls to each of the parks that have a pavilion. In the period from March 1990 to March 1991, Thomas Lake Park had 28 police calls, the most frequent of which were three calls relating to snowmobiles and three to suspicious activity. Trapp Farm Park in the same period had 76 calls to the Police Department, 14 of which were for miscellaneous information. Councilmember McCrea then turned the discussion to the ongoing maintenance costs of this park. Park Superintendent John VonDeLinde said Blackhawk Park currently costs $4,500 per year to maintain. He said at build-out, they estimate the 16 facilities that will be developed in Blackhawk Park will cost approximately $32,000 per year. He said translated into tax dollars would mean a home with an $80,000 market value would pay an increase of 44 cents per year in property taxes. Mr. VonDeLinde said maintenance costs for the shelter building alone would come to approximately $4,600 per year. Discussion of how Blackhawk Park fits in with the overall Comprehensive Park Plan then ensued. Director of Parks and Recreation Vraa said that Blackhawk Park would be the last of three community parks. He said this particular park would satisfy the facilities needs for the western portion of the community. Questions were then raised regarding funding and the balance of the park site acquisition fund. Director of Parks & Recreation Vraa said the cost of developing this park would be approximately $900,000. He said the City had applied for a grant totaling $140,000 and the remainder coming from the park site acquisition fund which currently has a balance of approximately $1,000,000. He said because the park is not developed over one year but rather a one to four year cycle, funding for the park would come from the site acquisition fund over the next four years. Councilmember Pawlenty asked if money to the park site acquisition fund slowed down with development, whether there would be a sufficient balance to finance other park projects in the City. Discussion 1 - 4 PAGE 9/EAGAN CITY COUNCIL MINUTES May 7, 1991 then turned to the size of the pavilion and whether or not a combination of warming house and pavilion would be appropriate. The point was raised that perhaps it would be inappropriate to fill all pavilion needs for the remainder of the City in one park. Director of Parks & Recreation Vraa said the issue of location of park facilities was important. He said I-35E is a divider in the community and there currently is no pavilion space on the west side of town. Also, he said his department had looked at combining the warming house and the pavilion, however, when they met with the neighbors, the neighbors indicated they wanted multiple accesses to the park as well as access to facilities from each activity. Mr. Vraa then explained how the location and facilities for each activity are arrived at. The Council then discussed the three issues that appeared to be central to the discussion of Blackhawk Park. If the size of the parking lots are reduced, there were concerna that overflow parking would be along City streets. In addition, it was pointed out that providing parking spaces does not mean all will be used at all times. It was generally felt that the options would be better handled if the pavilion and the warming house are kept as separate facilities. The size of the pavilion was also discussed, however, in the final analysis it was determined that a park this size should not have a pavilion that is too small. Mayor Egan asked whether any additional attempts had been made to negotiate a southern access to the park through the Leo Murphy property. Staff responded that even if a road were built through the Murphy property, it would still go through a neighborhood. In addition, there are topographical constraints which would dictate that this access stay on the upper ridge. That in turn would create the necessity to built one large parking lot on the ridge. In answer to a question about other uses for the warming house, staff said it would be used for the Summer in the Park program, picnics, etc. Mayor Egan asked if the pavilion was constructed with the ability to expand at a later date, from a construction and cost standpoint, would it be feasible? Director of Parks & Recreation Vraa said an addition was not impossible and could be provided for during the design phase, however, it would be more expensive to add on. The same question was asked about the parking lot and Mr. Vraa said that too could be done, however, would be more expensive to add to later. When asked about the community needs for a pavilion, Parks Superintendent VonDeLinde responded with the results of a regional summary of pavilions in comparable sized communities. The summary showed a deficiency in spaces if a pavilion was not constructed in the 90s. Wachter moved, Pawlenty seconded a motion to support the recommendation of the Advisory Parks, Recreation and Natural Resources Commission for the development of Blackhawk Park without modification. Mayor Egan explained the uses as presented in the City plan as consistent with community needs and further that the passive nature of the park would have the lowest zoning impact on the community. He recommended an amendment to include gates for each park entrance. Aye: 5 Nay: 0 RECONSIDERATION/TRINITY LONE OAK CHURCH WAIVER OF DEVELOPMENT FEES Mayor Egan introduced this item as Reconsideration of a Waiver of Development Fees for Trinity Lone Oak Church Expansion Remodeling. Mr. Martin Schutze, representing Trinity Lone Oak Church, said that after the request for waiver of development fees was denied at the December 18 regular City Council meeting, representatives of the Trinity Lone Oak Church sought legal advise regarding this denial. Mr. Schutze said their attorney questioned the legality of the City's action in this case. He went on to say he had met with Director of Community Development Runkle and had received a letter indicating that if the church would agree to plat the property, the development fees would be waived. Mr. Schuetze said they would agree to those conditions. PAGE 10/EAGAN CITY COUNCIL MINUTES May 7, 1991 Pawlenty moved, Egan seconded a motion to reconsider a request by Trinity Lone Oak Church to waive fees associated with the official platting of the church property. Aye: 5 Nay. 0 Concerns were raised regarding the precedent being set, however, Director of Community Development Runkle said they had done a survey and fees had been waived for some of the existing churches. In addition, he said any new church would go through the platting process. In answer to a question from Councilmember Pawlenty as to which fees would be waived, Director of Community Development Runkle said that any area assessments or connection charges other than those for a building permit would be waived, however, all staff time or attorney time for the development agreement, etc. would be charged against the project. City Administrator Hedges said the escrow account would reimburse any of the out-of-pocket costs to the City. Pawlenty moved, Egan seconded a motion to approve the request to waive certain development fees for Trinity Lone Oak Church. Aye: 5 Nay: 0. AMENDMENT/CHAPTER 11 PAWN SHOPS Mayor Egan introduced this item as an amendment by the City of Eagan to City Code Chapter 11, Land Use Regulations (Zoning) to Allow Pawn Shops as a Permitted Use in Retail/Commercial Zoning Districts. Director of Community Development Runkle said the issue had been reviewed by the Advisory Planning Commission and it was their recommendation that the City Code, Chapter 11, Land Use Regulations be amended to allow pawn shops as a conditional use in general business districts and as a permitted use in community shopping center districts. He said the APC had added an additional condition that no outside storage would be permitted. Councilmember Gustafson asked if an applicant met the conditions whether the conditional use permit would then have to be approved. City Attorney Sheldon said that the conditional use permit ordinance is fairly general but does allow for the addition of conditions. He said conditions could be added that would protect certain areas, such as a requirement that this type of business must be a certain number of feet from any residential neighborhood. However, he added that conditions placed on the approval of a conditional use permit must have some reasonable relationship to the use that is intended. Mr. Brad Rixmann said it was his intent to use a building he owns in the Cedarvale area for this pawn shop. He said it is in a general business area and a conditional use permit would be appropriate because it would take the pawn shop away from residential areas. Mr. Rixmann said he had visited other owners in the Cedarvale area and they were not opposed to a pawn shop. Mr. Rixmann said they have owned the building for fourteen years and have been unable to find a business that works in that location. He said a pawn shop, rather than being a detriment to the community, could be helpful to the police in recovering stolen articles. He said an experienced pawn broker could spot stolen property and report it to police. McCrea moved, Wachter seconded a motion to approve an amendment to the zoning code regarding pawn shops as a permitted use in CSC districts. Aye: 4 Nay: I (Gustafson) Mr. Rixmann said he would open his pawn shop in a CSC district. CONSIDERATION/SENECA PLANT DEVELOPMENT AGREEMENT REVISION TO SCHEDULE Mayor Egan introduced this item as Consideration of Seneca Plant Development Agreement - Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements. City Administrator Hedges provided some of the background on this item and said a Notice of Default had been served on the Metropolitan Waste Control Commission, however, he said it was in the City's best interest to resolve this issue. Mr. Hedges said PAGE 11/EAGAN CITY COUNCIL MINUTES May 7, 1991 the development agreement provided an October 1991 deadline for the installation of odor control equipment and it was the delay in this installation that had resulted in the Notice of Default. City Administrator Hedges said that dialogue was continuing with a meeting scheduled for May 17. Mayor Egan said that the MWCC had a deadline and recommended the formation of an ad hoc committee to help find mitigative steps or a solution to this issue. After further discussion, Egan moved, Wachter seconded a motion to address the intention of the MWCC and directed the formation of an ad hoc committee consisting of members of the City Council, staff, MWCC representative, Metropolitan Council representative, neighbors and other interested parties, in an attempt to resolve the delay in the installation of odor control equipment for the Seneca expansion project. Betty Bassett, of 2101 Wuthering Heights Road, and Al Arends, of 2133 Silver Bell Road, both came forward to urge the City Council to hold the MWCC to their promises. Mr. John Wesley, of 1747 Bluebell Drive, also asked that the City Council look to a long-term solution that was more environmentally sensitive than the equipment presently in use and proposed for the Seneca Treatment Plant. Aye: 5 Nay 0 ORDINANCE/TOBACCO PRODUCTS Mayor Egan introduced this item as an Ordinance Amendment, City of Eagan, Amending Eagan City Code Chapter 6, Entitled "Other Business Regulations and Licensing," By Amending Section 634 Regarding Tobacco Products; and by Adopting by Reference Eagan City Code, Chapter 1 and Section 6.99. City Administrator Hedges referred to the vote taken earlier in the meeting which continued this item to the June 4, 1991 regular City Council meeting. SIGN ORDINANCE Mayor Egan introduced this item as an Ordinance Amendment, City of Eagan, Amending Eagan City Code Chapter 4, Entitled "Construction Licensing, Permits and Regulations, Including Signs, Excavations, and Mobile Home Parks," by Amending Section 4.20 Regarding Placement, Erection and Maintenance, and Adopting by Reference Eagan City Code Chapter 1 and Section 4.99. Wachter moved, Gustafson seconded a motion to approve a continuance of the ordinance amendment to Section 4.20 regarding placement, erection and maintenance of signs to the Thursday, May 23, 1991 regular City Council meeting. Aye: 5 Nay. 0 'WW BUILDING PERMIT/CELLULAR ONE Mayor Egan introduced this item as a Building Permit for a Tower and Equipment Building for Cellular One at Deerwood Drive and I-35E. City Administrator Hedges said this item had been reviewed with the approval of a special use permit for a temporary site in November of 1990. He said because this property is unplatted, a building permit would require City Council approval. Director of Community Development Runkle said one condition of approval had been changed regarding the requirement that the building be all brick. He said the applicant had requested an aggregate building and that was acceptable to staff. Wachter moved, Gustafson seconded a motion to approve the building permit for a tower and equipment building for Cellular One at Deerwood Drive and I-35E subject to the following conditions: 15•>14 5 PAGE 12/EAGAN CITY COUNCIL MINUTES May 7, 1991 1. The building permit shall be subject to all building permit code requirements. A landscape plan shall be submitted with the building permit application. 2. The building shall have an aggregate exterior. Aye: 5 Nay. 0 TRUNK HIGHWAY 149 CORRIDOR STUDY Pawlenty moved, Wachter seconded a motion to approve a resolution acknowledging the Trunk Highway 149 corridor study. Aye: 5 Nay. 0 R-91.2 5 VARIANCE/RETAIL USE/CRATE PROSPECTS LTD. Mayor Egan introduced this item as a Variance for Crate Prospects, Ltd., to Exceed the Maximum of 5 Percent Retail for an Allowed Use in a Limited Industrial Zoning District, Located in the Bell Lexington Addition in the Southwest Quarter of the Southwest Quarter of Section 2. City Administrator Hedges said this item did not require Advisory Planning Commission review. Director of Community Development Runkle said that the application was a request for a variance to allow showroom sales at Lexington and Lone Oak on the site of the old Bell Telephone building. Mr. Jeff Roberts, a partner in Crate Prospects, then described their operation. He said the company employs 18 people now and hoped to add 6 additional employees. Concerns were expressed regarding the setbacks for this expansion, particularly in light of a condition allowing for no additional variances. City Attorney Sheldon said that the applicant may request a variance in the future and it would be up to the City Council to approve or deny their request. After further discussion, McCrea moved, Wachter seconded a motion to approve a variance for Crate Prospects, Ltd. to exceed the maximum of 5 percent retail for an allowed use in a limited industrial zoning district subject to the following conditions: 1. No other variances shall be granted. 2. All rooftop mechanical equipment shall be screened. 3. All trash and recycling containers shall be stored indoors. 4. All other applicable ordinances are adhered to. Aye: 5 Nay. 0 SIDEYARD SETBACK VARIANCE/FAIRWAY HILLS ADDITION Mayor Egan introduced this item as a Variance, for Barbara Robinson, of Approximately 4 Feet to the 10 Foot Sideyard Setback, Located on Lot 4, Block 2, Fairway Hills Addition. City Administrator Hedges said this item did not require review by the Advisory Planning Commission. Director of Community Development Runkle said the application was for a variance to the sideyard setback. He said it was for the addition of a screened porch and only the very end of the corner of the building would intrude into the setback. Mr. Bob Pearl, of 1303 St. Andrews Boulevard, asked what his rights were in the event he also needed a variance on that side. Mayor Egan responded that if Mr. Pearl could establish a hardship, he would have the same rights as Ms. Robinson in requesting a variance. In that event, Mr. Pearl said he had no objections. PAGE 13/EAGAN CITY COUNCIL MINUTES May 7, 1991 Gustafson moved, Wachter seconded a motion to approve a variance for Barbara Robinson of approximately 4 feet to the 10 foot sideyard setback on Lot 4, Block 2, of Fairway Hills Addition subject to the following conditions: 1. A building permit shall be required. 2. All other code requirements shall be met. Aye: 5 Nay: 0 SPECIAL USE PERMIT/DAKOTA ELECTRIC ASSOCIATION SUBSTATION AND TRANSMISSION LINE Mayor Egan described this item as a Special Use Permit, Dakota Electric Association, to Allow the Construction of an Electric Substation and the Accompanying Transmission Line on Part of Lot 1, Block 1, West Publishing 1st Addition. City Administrator Hedges said this item did not require review by the Advisory Planning Commission. Director of Community Development Runkle said the application was for the construction of an electric substation and its accompanying transmission line. He said the transmission lines would run along the north side of Wescott Road from Deerwood School to the proposed location. He said those lines would be attached to new power poles placed in existing easements. The substation will be located entirely on West Publishing property and will be screened on all sides. Mr. Steve Bryant of West Publishing Company said present and future expansion of West Publishing Company required the implementation of this electric service and added that it was absolutely necessary for West. Pawlenty moved, Wachter seconded a motion to approve a special use permit for Dakota Electric Association for the construction of an electric substation and the accompanying transmission line on part of Lot 1, Block 1, West Publishing 1st Addition subject to the following conditions: 1. The substation will be fully screened on all sides. 2. All other applicable ordinances will be adhered to. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/PUBLIC UTILITIES ELEMENT Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment to the Public Utilities Element Which Updates the Public Utilities Element to 1990/1991 and Revises the Public Utilities Element for Conformance with Metropolitan System Plans. City Administrator Hedges said that the item had been reviewed by the Advisory Planning Commission and they had recommended approval. Wachter moved, Gustafson seconded a motion to approve the comprehensive guide plan amendment revising the public utilities element of the City's comprehensive guide plan. Aye: 5 Nay. 0 PRELIMINARY PLAT/SKYVIEW ADDITION Mayor Egan introduced this item as a Preliminary Plat for Skyview Addition/Lahner-Dunn, Consisting of 3 Lots on Approximately 16.4 AG (Agricultural) Acres Located Along the East Side of Dodd Road and South of Farm Road in the Southwest Quarter of Section 36. Councilmember Pawlenty excused himself from the discussion of this item as Mr. Pawlenty is a member of the lawfirm in which Mr. Lahner is a partner. Mr. Pawlenty left the City Council Chambers during this discussion. yy ^ C PAGE 14/EAGAN CITY COUNCIL MINUTES May 7, 1991 City Administrator Hedges said this item was considered by the Advisory Planning Commission at their April 23 meeting and they had recommended approval. Director of Community Development Runkle described the application and its location. He said all lots meet the requirements for width and the applicant is in agreement with the conditions set by the Advisory Planning Commission. Mr. Runkle said there is no sewer or water available to these lots at this time; however, the City's present policy provides that every piece of property in the City will be served by utilities. Because this property is at the end of the utilities lines and because of the sizeable costs, it is questionable whether it is in the best interest of these properties to extend the trunk utilities. The Council agreed to eliminate "Al" of the standard conditions of plat approval regarding utilities. Gustafson moved, McCrea seconded a motion to approve the preliminary plat for Skyview Addition for Lahner-Dunn, consisting of three lots in approximately 16.4 (Agricultural) acres located in the southwest quarter of Section 36 and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: B1, B2, B4, C1, C2, D1, El, F1, G1, H1. 2. A variance to the minimum lot width for Lot 3 shall be approved. 3. No direct access shall be permitted from Highway 3. 4. The development shall construct a ditch along the east side of Dodd Road. Driveway culverts will also be necessary where the driveways cross the ditch. 5. The development is required to intercept the site runoff in the east ditch of Dodd Road and convey it easterly to newly designated Pond LP-23.1 at the southwest corner of Trunk Highway 3 and Farm Road. 6. The developer will be required to increase the wet pond volume of Pond LP-23.1 by 1 acre foot. 7. The well and septic systems shall conform to City, County and State standards. Aye: 4 Nay: 0 (1 Abstained - Pawlenty) CONDITIONAL USE PERMIT/TRANS X/TRUCK AND FREIGHT TERMINAL Mayor Egan introduced this item as a Conditional Use Permit for Trans X to Allow a Truck and Freight Terminal in an LI (Light Industrial) District on Lot 6, Eagandale Center Industrial Park #2 Located Along Lone Oak Circle in the Southwest Quarter of Section 2. Director of Community Development Runkle then described this conditional use permit and its location. He described the number of trips proposed to be generated at this site, however, the City's traffic consultant did not feel it would overburden the traffic system at this location. He added that one additional issue unrelated to the conditional use permit and involving the storm drainage system will have to be resolved. He said it was an issue that would involve a number of other properties also in this area. Mr. Mike Gresser, of Eagan Construction, and Mr. Bob Vanney, an architect with Vanney Associates, were present to answer any questions. The City Council then discussed the utilities questions with Director of Public Works Colbert. Mr. Colbert said the existing storm sewer system will not be able to handle runoff from this area when it is fully developed. He said payment for these improvements would be through a public improvement and all benefitting properties would have to be identified. Payment would then be from a special assessment or combination of special assessment and storm water utility funding. Discussion then ensued regarding the adequacy of the system which was designed and installed approximately 20 years ago. Councilmember Pawlenty asked that when the special assessment hearing comes before the City Council, that additional background be provided on the utility system at this location. fi r* PAGE 15/EAGAN CITY COUNCIL MINUTES May 7, 1991 Gustafson moved, McCrea seconded a motion to approve a conditional use permit for Trans X to allow a truck and freight terminal in an LI (Light Industrial) district subject to the following conditions: 1. Motor fuel operation shall be approved by the City Fire Marshal. 2. A landscape plan shall be reviewed and approved by staff prior to building permit issuance. 3. All trash and recycling containers shall be stored indoors. 4. An opaque fence or a compact hedge is required to be provided along the west property line and a special permit was approved for a fence in excess of six feet but not more than eight feet. 5. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 6. All other applicable City codes shall be adhered to. 7. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to issuance of a grading permit or building permit. 8. The storm sewer layout for this site shall be designed in accordance with the City's storm water management plan. 9. Current City code requires that parking lots shall be surfaced with bituminous or concrete and the edge of the parking lot shall be constructed with a concrete curb and gutter. 10. The parking lot shall be constructed with concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. 11. The developer shall protect the existing 18 foot sanitary sewer force main that runs along the south property line of this site. The developer will be responsible for any damage done. 12. The driveway connection to the site at Lone Oak Circle will be required to be constructed with a concrete apron. Director of Public Works Colbert said that with the upgrading of Lone Oak Road, the drainage in the general area would be studied and he suggested that the study be expanded to include Lone Oak Circle, because some modifications may need to be made at that intersection. Aye: 4 Nay: 0 VARIANCE/UNITED MORTGAGE CORPORATION WESCOTT ROAD SETBACK Mayor Egan introduced this item as a Variance for United Mortgage Corporation of 15 Feet to the Required 50 Foot Setback off of Wescott Road, Lot 25, Block 1 and Lot 1, Block 4, Hills of Stonebridge. Director of Community Development Runkle said both variances are for lots at the intersection coming into Stonebridge off Wescott Road. He said the lots have their access off Chatham Road. Mr. Wayne Tower, representing United Mortgage, said they initially went into this project with a PUD. He said they assumed they had special sideyard setbacks over the entire project and would not have had this lot alignment had they known the sideyard setbacks were not what they had thought. He said they were requesting a 15 foot variance to get back to the 50 foot building pad that had been used in the rest of the project. The hardship for this variance would be compatibility with the rest of the homes built in the area. Mr. Steve Bryant, representing West Publishing, pointed out that West Publishing is directly north of these lots and expansion is likely to occur on their property. He said West does not want future responsibility for any problems perceived by the adjacent residential area particularly when they are asking to move their homes closer to the West facility and property proposed for future expansion. Gustafson moved, Egan seconded a motion to approve a variance for United Mortgage Corporation of 15 feet to the required 50 foot setback from Wescott Road subject to the following conditions: J c y. 3..9 sir. PAGE 16/EAGAN CITY COUNCIL MINUTES May 7, 1991 1. Driveway access shall be from Chatham Road. 2. All other code requirements shall be met. Aye: 3 Nay: 2 (McCrea and Wachter) CONTRACT 91-04, APPROVE PLANS/AUTHORIZE AD OAKS OF BRIDGEWATER 2ND Mayor Egan introduced this item as Contract 91-04, Approve Plans/Authorize Advertisement for Bids (Oaks of Bridgewater 2nd Addition). McCrea moved, Wachter seconded a motion to approve the plans for Contract 91-04 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 11:30 a.m., Friday, May 31, 1991. Aye: 5 Nay: 0 REQUEST FOR WAIVER OF WARRANTY MAINTENANCE BOND REQUIREMENT Mayor Egan introduced this item as a Request for Waiver of Warranty Maintenance Bond Requirement (Cray Addition, Projects 87-X and 89-E). Director of Public Works Colbert said that Cray Research had covered the warranty of these public improvements through financial securities. He said the City had proceeded with public acceptance of the projects and had accepted them last January. Mr. Colbert said Cray Research was now requesting release of their financial securities. McCrea moved, Gustafson seconded a motion to approve the request for waiver to City Code 13.30, Subdivision 15, Section C, Paragraph 2(f) as it pertains to the Cray 1st and 2nd Additions (Projects 87-X and 89-E). Mayor Egan asked Director of Public Works Colbert whether he was satisfied that this action would not be precedent setting and he said staff was satisfied that they could work with this situation. Aye: 5 Nay. 0 REVIEW DAKOTA ELECTRIC ASSOCIATION FEE REQUEST Mayor Egan introduced this item as a Review of Dakota Electric Association Fee Request for Utility Permit Issuance (Woodlands North & Elrene Road). City Administrator Hedges said that the City's new policy to replace existing overhead electrical lines with underground systems comparable to and compatible with the systems being installed within adjacent developments has raised some concerns with the developer of the Woodlands North. Mr. Steve Bryant, representing West Publishing, said this would be replacement of an eidsting line for purely aesthetic reasons and West Publishing would be opposed to any costs being passed on to their company. Mr. Ed Brunkhorst of Dakota Electric said there would be no gain to Dakota Electric to bury this cable. While he said Dakota Electric is not opposed to the burying of these cables, they would not be willing to accept any of the costs, because these costs could not be passed along to other customers. Wachter moved, McCrea seconded a motion to deny Dakota Electric Association's request for reimbursement from the City of Eagan for utility permit issuance (Woodlands North & Elrene Road). r..-To 4 } Q+F Y , PAGE 17/EAGAN CITY COUNCIL MINUTES May 7, 1991 Director of Public Works Colbert said this issue was brought to the City Council at the request of the developer. He said the developer had asked City staff to enforce underground utility requirements but had told the developer that they would have to be responsible for any costs. Mr. Colbert told the developer that the issue would be discussed at this meeting and that staff would be requesting a policy decision regarding the responsibility for costs of burying existing lines. After further discussion, it was determined that the Application for Permit for Installation of Utilities will be issued by the City and any costs associated with the permit will have to be negotiated between the developer and Dakota Electric. Aye: 5 Nay: 0 BURIED CABLE/PILOT KNOB ROAD Director of Public Works Colbert said that in connection with the upgrade of Pilot Knob Road, the City of Apple Valley had approached Dakota Electric regarding the burying of electrical cable south of the Apple Valley/Eagan border. Apple Valley has agreed to pay the additional cost for burying the cable and Dakota Electric was offering the same service to that portion of cable within Eagan City limits, however, the cost for burying this cable would be $100,000. For Council's information, Mr. Colbert said he had thought the cable would be buried as a part of the Pilot Knob upgrade at Dakota Electric's expense. Mr. Ed Brunkhorst of Dakota Electric said they had been asked Apple Valley to bury the electrical cable along that portion of Pilot Knob in Apple Valley and thought it only fair to ask Eagan if they wished to participate. Wachter moved, Gustafson seconded a motion to deny authorization to expend funds to pay for Dakota Electric Association's conversion of overhead lines to underground from the Eagan border north to Rebecca Lane. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA RESOLUTION SUPPLEMENTING BOND RESOLUTION/ GO PARK & RECREATION REFUNDING Gustafson moved, Wachter seconded a motion to approve the resolution supplementing the bond resolution that was originally adopted April 9,1991 relating to $2,440,000 in general obligation, park & recreation refunding bonds, Series 1991B. Aye: 5 Nay: 0 CAPONI PROPERTY McCrea moved, Pawlenty seconded a motion to approve the use of City funds not to exceed $2,000 for development of a presentation proposal to be used to seek funding from various foundations, pursue grants and financial assistance for the Caponi Art Park, to be reimbursed by the foundation at a later date. Aye: 5 Nay. 0 SPECIAL CITY COUNCIL MEETING Wachter moved, Egan seconded a motion to approve Wednesday, May 15,1991 at 5:00 p.m. for a special City Council meeting for the purpose of discussing: 1) police staffing, 2) consideration of a proposal to review 1991 and 1992 general fund spending, 3) further direction on the proposed five year CIP plan and 4) a joint meeting with the Airport Relations Committee to discuss the MAC Comprehensive Plan/runway alternatives. Aye: 5 Nay: 0 PAGE 18/EAGAN CITY COUNCIL MINUTES May 7, 1991 ICE ARENA/ESTIMATED COST Mr. Bob Rosene of Bonestroo, Rosene, Anderlik & Associates said if the Ice Arena Committee could define the type of ice arena facility they envision, BRAA can provide a cost estimate of such a facility. Mr. Rosene offered to meet with the Committee if necessary. There was additional discussion regarding sites for the ice arena and while both sites currently under consideration are feasible, options will remain open. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist of April 30, 1991 in the amount of $868,757.44 and the checklist dated May 7, 1991 in the amount of $792,656.49. Aye: 5 Nay: 0 ADJOURNMENT The City Council adjourned the regular meeting at 1:18 a.m. on May 8, 1991. KF CITY OF EAGAN E. . anOverbeke City erk