Loading...
1991-06-18 City Council Minutes IL MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY CG`UNCIL Eagan, Minksota Joe 18, 1991 A regular meeting of the Eagan City Council was held on Tuesday, June 18, 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 recommended that one item be added to Department Head Business. He said that Cub Scout Packs #445, #508, and #509 wished to recognize Investigator Larry Billmeyer, Officer Tom Schoenecker and CSO Jennifer Youngdahl for their assistance with the Fire Safety and Bicycle Rodeo which was held May 23, 1991. McCrea moved, Gustafson seconded a motion to approve the agenda for the June 18, 1991 regular City Council meeting, as amended. Aye: 5 Nay: 0 Mayor Egan recommended the following change to the minutes of the June 4, 1991 regular City Council meeting: Page 6, Ordinance Amendment/Tobacco Products, second paragraph, last sentence, change "3 to "3 of 81." Wachter moved, McCrea seconded a motion to approve the minutes of the June 4, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 After introduction by Mayor Egan, City Administrator Hedges introduced Assistant Finance Director Ken Damlo and recognized him for his efforts on behalf of the International Special Olympics Community Programs Committee. Mr. Damlo outlined the activities of the Committee and particularly the "host country" program of the 1991 Special Olympics. Mr. Damlo then introduced Mr. An Baik, the Korean host, who in turn introduced the South Korean delegation. After introductions and a few words from the delegation, Mayor Egan expressed the City's thanks to Ken Damlo and extended a welcome to the Korean delegation. Mayor Egan read a proclamation proclaiming the week of July 14-20 as Eagan-South Korea Week and presented a framed copy to the President of the Korean Institute. Pawlenty moved, McCrea seconded a motion to proclaim the week of July 14-20 as Eagan-South Korea Week for the International Special Olympics. Aye: 5 Nay: 0 R-91.33 Oxll! Page 2/EAGAN CITY COUNCIL MINUTES June 18, 1991 WWW" FINANCE DEPARTMENT/AWARD BID GENERAL OBLIGATION EQUIPMENT CERTIFICATES Mayor Egan introduced this item as the Receipt and Award of the Bid on General Obligation Equipment Certificates of Indebtedness, Series 1991C. Pawlenty moved, Gustafson seconded a motion to approve a resolution awarding the equipment certificate We to the low bidder, FBS Investment Services, Inc., at the net interest rate of 5.7866 percent. Aye: 5 Nay: 0 PARKS & RECREATION DEPARTMENT/ST. PAUL CHAMBER ORCHESTRA Mayor Egan introduced this item as a Parks & Recreation Department item regarding the APRNRC's recommendation for a full concert of the St. Paul Chamber Orchestra at Eagan High School. City Administrator Hedges said the issue to be addressed from a public policy point of view was whether the City would be willing to guarantee the Chamber Orchestra's $6,500 performance fee. Mr. John Griggs, a member of the City's Community Special Event Committee, outlined the background on this item and introduced Mr. Bob Croce of the St. Paul Orchestra's staff. Discussion continued on the advisability of the project and the City's liability if the concert did not break even. It was generally believed that while there were concerns, the City had until September to find corporate sponsors and because the break even point was 550 tickets, the risk could be contained. Gustafson moved, McCrea seconded a motion directing staff to proceed with the various steps necessary to schedule/host a concert by the St. Paul Chamber Orchestra at the Eagan High School this fall and that staff continue to seek local corporate support. Aye: 5 Nay: 0 POLICE DEPARTMENT/RECOGNITION Mayor Egan introduced Mr. Bob Cumler and Mr. Linn Laage, Cub Pack Masters, who asked to present a plaque recognizing the efforts of Investigator Larry Billmeyer, Officer Tom Schonecker, and CSO Jennifer Youngdahl with Scouting's Fire Safety and Bicycle Rodeo held May 23, 1991 in Lakeville. Mr. Laage presented certificates and a special plaque with the thanks of Cub Scout Packs #445, #508 and #509. A. PERSONNEL ITEMS Item 1. It was recommended that the hiring of Cyndy Cheyne as a Clerical Technician III in the Eagan Police Department be approved. Item 2. It was recommended that the hiring of Jeffrey Goodrick, Michael Marxer and Rober Sadek as Seasonal Park Maintenance Workers be ratified. Item 3. It was recommended that the the resignation of Joe Connolly be acknowledged with regret and the hiring procedures for a replacement be authorized. Page 3/EAGAN CITY COUNCIL MINUTES June 18, 1991 Item 4. It was recommended that the hiring of Luke Rutten as a temporary Seasonal Engineering Aide be approved. Item 5. It was recommended that the hiring of DeAnna Holford as a Seasonal Recreation Worker be ratified. , Item 6. It was recommended that the hiring of Gweneth Hanson as a temporary Clerical Worker be ratified. Item 7. It was recommended that the hearing conservation program agreement between the City of Eagan and the Bloomington Public Health Service be approved. B. Licenses. Plumbers It was recommended that the following plumbers' licenses be approved: 1) Daas Plumbing, Inc., 2) Larry Olson, 3) Tschida Brothers Plumbing, and 4) Village Plumbing, Inc. C. man Lions Club. Shows License. Parade Permit and Temporary Beer License. Fourth of July Celebration It was recommended that a Show's license, Parade Permit and Temporary Beer License be approved for Robin Norton of the Eagan Lions Club for the Eagan Fourth of July celebration. D. Amendment to 1991 General Fund Budget Due to HACA Reduction It was recommended that the amendment to the 1991 General Fund Budget due to the HACA reduction reviewed at a special City Council meeting held at 5:00 p.m. on June 18, 1991, be approved. E. ARC Recommendation. MAC Interactive Planning Group Comments It was recommended that the Airport Relations Committee recommendation regarding comments for the MAC Interactive Planning Group study of airport expansion alternatives be approved. R-91.34 F. Amendment. Smoke-Free Building Policy. Cry of Eagan It was recommended that an amendment to the City of Eagan's Smoke Free Building Policy to allow smoking in City vehicles if only smokers are present and if all present agree, be approved. It should be noted that it will continue to be policy not to allow smoking if a non-smoker is present in the vehicle. G. Contract 91-03. Receive Bids/Award Contract (Elrene & Trails End Rd.) It was recommended that the bids be received and the contract award for Contract 91-03 (Elrene and Trails End Road - Streets and Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. H. Contract 91-0L Receive Bids/Award Contract 149/Onnerman Drive) It was recommended that the bids be received and the contract award for Contract 91-01 (TH 149/Opperman Drive - Streets and Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. Page 4/EAGAN CITY COUNCIL MINUTES June 18, 1991 1. Contract 89-13. Approve Change Order (Cliff Rd - Water Treatment Plant) It was recommended that Change Order #9 to Contract 89-13 (Cliff Road Water Treatment Facility) be approved and the Mayor and City Clerk authorized to execute all related documents. J. Contract 90-1L Approve Change Order (Park Center Addition) It was recommended that Change Order #1 to Contract 90-11 (Park Center Addition) be approved and the Mayor and City Clerk authorized to execute all related documents. K Resolution Restricting On-Street Parking on Cliff Rd (Nicola Rd to I-35E) It was recommended that a resolution restricting on-street parking on Cliff Road (Nicols Road to I-35E) be approved and the Mayor and City Clerk authorized to execute said documents. R-91.35 L. Surplus Rp operty/Ex h2nnge with Fort Snelling State Park It was recommended that the designation of an eight acre parcel as surplus property be approved with direction to dispose of the property to Fort Snelling State Park with their acceptance of the responsibility to maintain and patrol the area and for further enhancements of the State park in the Eagan area. M. Award Play ound uipment Bid - Oakridge Elementary School/Downing Park It was recommended that the bid for playground equipment for Oak Ridge Elementary School/Downing Park be awarded to Play Boosters in the amount of $24,960. N. Contract 90-10. Approve Change Order No. 2 (Galaxie Cliff Plaza 2nd Addition - Streets and Utilities) It was recommended that Change Order #2 to Contract 90-10 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. McCrea moved, Wachter seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PROJECT 608/EAGANDALE CENTER INDUSTRIAL PARK 3RD & 4TH ADDITIONS/OVERLAY After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert described the background and scope of Project 608. The streets in the Eagandale Center Industrial Park 3rd and 4th Additions were evaluated and it was determined that the streets would be in relatively good condition if patched and repaired with 14 inch overlay installed. The project cost is estimated to be $447,000, but an alternate was also proposed regarding the upgrade of the driveway approaches. The project cost, including the alternate, is $551,000 which would be assessed to all benefitting properties. The costs associated with concrete aprons for the driveways range from $750 to $4,500 depending upon the entrance. The Director of Public Works said a special neighborhood meeting had been held, and all legal notices published in the legal newspaper and sent to all affected property owners. Assessments are proposed to be spread over ten years at an interest rate to be defined. Page 5/EAGAN CITY COUNCIL MINUTES June 18, 1991 Mr. Bob Worthington of Opus Corporation said he was happy to see the city maintaining its infrastructure, however, his office was concerned with the policy that businesses pay for what should be considered maintenance of City streets. He expressed deep concerns about additional costs being assessed without regard for the benefit being accrued by businesses being assessed. He suggested more equity in how businesses are charged for such improvements. Director of Public Works Colbert said the assessments are in accordance with policy adopted by the City Council in 1989 which provides for different types of improvements to be assessed at various percentages based on the type of developed property and classification. Councilmember McCrea then asked if Mr. Worthington was correct in saying overlays in residential areas are paid from a special fund while overlays in commercial/industrial areas are assessed against the individual properties. Director of Public Works Colbert said the overlays in residential areas are also assessed but at a different percentage rate than those in commercial/industrial areas. When asked what other cities do in similar situations, Director of Public Works Colbert said after surveying other cities, no consistent policy was found. Mr. Worthington then pointed out to the City Council that they had not received a copy of the feasibility report to see what the project would entail and what future costs would be. He asked that this item be continued until their engineer reviews the data to evaluate whether the project is necessary at this time and whether the timeframe for the improvements is too aggressive. Mr. Mark Anderson, also of Opus Corporation, questioned a policy which asks developers to build the streets and then ask them to "build them again." He said they had received $200,000 worth of assessments. Mr. Anderson also said he had not received a copy of the feasibility report and asked that any decision on this project be postponed until they had an opportunity to review the data. In addition, he said because of the recession, they would also like to defer the project for at least one year without additional weight limitations on the existing streets. Mayor Egan pointed out that the project could be completed by October, but Opus would not be required to make their first payment until 1993. In answer to Mayor Egan's question as to why the project was necessary at this time, Director of Public Works Colbert explained that the Public Works Department inspects and inventories every square yard of street in the City and then categorizes those streets. He said a rating system was used and with the installation of an overlay, the life expectancy of these streets would be increased. Mr. Colbert then expressed surprise that Opus Corporation had not received the preliminary feasibility report as City records show this report was mailed to them with a cover letter dated May 1991. Mr. John Erwin of the Shyler Group expressed the concerns of his company regarding the need to upgrade the driveways. He added that his company was unaware of the neighborhood meeting until they came in for a building permit to add an additional driveway. He said he was sure there were other property owners who were not aware of the meeting. His company has 325,000 feet of space and has received an $80,000 assessment, which will result in a substantial increase in lease rates. Mr. Erwin asked if the project was necessary and added that their tenants like the area because of the road system and they have received no complaints. He asked that the project be delayed Gustafson moved, Wachter seconded a motion to continue the public hearing for Project 608 (Eagandale Center Industrial Park 3rd and 4th Additions - Overlay) to the July 2, 1991 regular City Council meeting with the intent that property owners study the feasibility report, staff and affected property owners address the issue of deferring the project for up to one year and that the pros and cons of such action will be part of the information included for Council's review. Councilmember Pawlenty recommended that photographs depicting the various driveway conditions throughout the Eagandale Center Industrial Park 3rd and 4th Additions be made available for property owner review to allow them the opportunity to provide an explanation as to why the driveway improvements are not needed. Aye: 5 Nay 0 Page 6/EAGAN CITY COUNCIL MINUTES June 18, 1991 PROJECT 584/FINAL ASSESSMENT HEARING RAHN ROAD RECONSTRUCTION After introduction by Mayor Egan and City Administrator Hedges, Director of Public Works Tom Colbert provided a brief overview of the assessments and the neighborhood meeting held on June 11, 1991. He said seventy properties with direct access onto Rahn Road received notices of assessment on this project. Mayor Egan then opened the public hearing to public comment. Mr. Charles MacDonald, of 4145 Rahn Road, said he had filed written objection to the assessments against his property. Mr. MacDonald said the value of his home had actually dropped because of the upgrade of Rahn Road and the resultant heavy traffic. He said evidence of that is the Dakota County Assessor's office lowering the value of his home by a 5 percent due to Rahn Road. Mayor Egan asked Mr. Bill Peterson of the County Assessor's office to explain the 5 percent deduction from property taxes because a number of homeowners had referenced it in connection with the Rahn Road improvements. Mr. Peterson said a misunderstanding exists among the homeowers as to the meaning of the 5 percent modifier. He said the modifier has been used since 1983 and was used for property along Rahn Road. It was done, however, for 1990 valuations and, therefore, preceeded reconstruction of Rahn Road. The Dakota County Assessor's office uses mass appraisal and deals with averages and norms. He said they use a standard site value and then look at each property and add or subtract from this standard value considering a number of factors, including being located on a major street. He said the County Assessor's office uses modifiers quite frequently and is not implying that the improvements on Rahn Road had any impact on their valuations. Mr. Mark Weidenhaft, of 4345 Rahn Road, said widening and improving Rahn Road had compounded the negative effect of the road on their property. He added that the State Attorney General has ruled that to be assessed for improvements, the City has to prove benefit to the property. He said his property could not be worth more with more traffic. Mr. Darrell Haines, of 3990 Rahn Road, complained about the policy used for assessments, the loss of home value and said additional properties on Bluestone, Carnelian, Jade, Flint, etc. should share in the costs. Ms. Laurie Luconic, of 4137 Rahn Road, said she had done an informal survey of other cities and found that many do not assess by front footage. She also complained because the lack of double striping on the road has led motorists to believe that passing is permissible. Mr. Gerard Bents, representing Mount Calvary Lutheran Church, objected to the assessment against the entire church property at the public facilities' rate. He pointed out that this rate was the same as that of commercial property. He said they have made the church available to organizations for meetings free of charge and have, as a result, generated additional traffic. He pointed out, however, that approximately 190 feet of the frontage on Rahn Road belongs to the parsonage and felt it should be assessed at a single-family rate. Mr. Bents wished to note that the $44,000 assessment constitutes 15 percent of the church's annual budget. Director of Public Works Colbert said the entire parcel has one legal description and it was assessed at one rate based on the zoning. Mr. Colbert said that the Council had considered assessments on a different case at the last City Council meeting and had determined that assessments should be based on zoning. Mr. Bents asked that the City Council make an exception. Councilmember Pawlenty then discussed the situation referred to by Mr. Colbert. In that instance, if the City Council had assessed at a higher use, property owners could have had "investment-backed expectations" for a more intense use of the property. In this instance, there is a higher zoning and the property owner is asking for assessments based on a lower use so the City Council would not be forced to grant a higher use based on the assessments. Director of Public Works Colbert noted that if the property is assessed at a lower rate and c-' Page 7/EAGAN CITY COUNCIL MINUTES June 18, 1991 is ultimately put to a higher use, the City would not have the opportunity, once the assessments are levied, to reassess at a higher rate. Mr. Terry Stover, of 3906 Rahn Road, objected to the assessments levied against Outlot A of the Woodhaven Addition. He said that outlot does not have assess onto Rahn Road and, further, the development plan for the property indicates that access must be off Beau de Rue Drive. Mr. Stover said any possibility of access onto Rahn Road was a virtual impossibility due to the new elevation of the road. He referred to the fact that several properties along Rahn Road were not assessed because they had no driveway assess onto Rahn Road and said he believed Outlot A was the only one without access being assessed. He said his property has already been assessed for improvements to Beau de Rue. Mr. Stover then pointed out his parcel's loss of value because of a permanent storm sewer easement granted to the City. While he had received $8,000 for the easement, he said an appraiser had estimated the loss to his property at between $17,000 and $18,000. Ms. Lettie Knutson, of 2014 Shale Lane, said she has a garage with access off Rahn Road but her home has its driveway access on Shale Lane. Ms. Knutson pointed out that two years ago her home was appraised at $98,000 and now the County tax assessor had indicated the value as $91,000. She asked why her property values had gone down. Mr. Paul Notterman, of 4374 Rahn Road, said it only took common sense to realize that values had gone down with the widening and repairing of Rahn Road. Mayor Egan then asked City Attorney Jim Sheldon to explain the process for objecting to assessments. He said the City Council had no choice but to make this road improvement as Rahn Road in its previous condition was no longer functional. He said it is one of the first reconstruction projects in the City and the City Council has tried to adopt a cost formula that they believe equitable to all those concerned. McCrea moved, Wachter seconded a motion to close the public hearing, approve the final assessment roll for Project 584 (Rahn Road Reconstruction) and authorize certification to Dakota County. Councilmember Gustafson asked, in regard to assessments based on parcels rather than front footage, if Mount Calvary Lutheran Church could have the issue of single family and public facilities frontage resolved by the City or whether the court would have to make that determination. Director of Public Works Colbert said an assessment hearing judge would not evaluate the method used to arrive at the assessments, however, such method would be the prerogative of the City Council. Statute does require that the City treat all like properties in a similar manner and there could be a challenge from the Baptist Church if the City Council assesses Mount Calvary Lutheran Church at a lesser rate. Recognizing that there was a motion and a second before the City Council, Mayor Egan asked City Attorney Sheldon whether the City Council could incorporate some discretionary policy in regard to the Mount Calvary Lutheran Church property . Mr. Sheldon said the City Council could complete the motion and send it on in the process and then remove Mount Calvary Lutheran Church from the process at a later date or they could request that staff make a review of that particular situation and return with their findings at the next City Council meeting. The motion before the Council was then revised to read, McCrea moved, Wachter seconded a motion to dose the public hearing, approve the final assessment roll for Project 584 (Rahn Road Reconstruction) noting all written objections, authorize its certification to Dakota County, with special instructions to staff to review the situation involving the Mount Calvary Lutheran Church property with particular attention being paid to any precedent-setting action. Page 8/EAGAN CITY COUNCIL MINUTES June 18, 1991 In answer to a question regarding testimony received from the public, Director of Public Works Colbert said signs along Rahn Road were placed wherever possible in the boulevard because of buried utilities. Mr. Colbert said the boulevards are the absolute minimum of 4 feet because the neighbors had wanted the path as close to the road as possible. Because of limited area, he said the signs were placed where they could be placed. He also addressed striping on the road and said a double yellow stripe will be added to the entire length of Rahn Road to preclude any misunderstanding that passing is permitted. Ms. Antoinette Keeney, of 4370 Rahn Road, then asked if a judge found that the improvements not only did not enhance the value of the property but actually devalued the property, whether the City would have to compensate the residents for their loss. City Attorney Sheldon said no. Aye: 5 Nay: 0 POW SENECA PLANT/N VIRO PROCESS Mayor Egan introduced this item as Consideration of N-Viro Process as Interim/Temporary Measure at Seneca Plant. City Administrator Hedges said that the N-Viro process is an alternate proposal to control odors at the Seneca Plant and allow them to shut down the present process until odor control improvements could be made. Mr. Hedges said the MWCC board had passed a resolution for such temporary improvements contingent upon the Eagan City Council's approval. Mr. Hedges said that Harold Voth of the MWCC was available to answer any questions. Mr. John Wesley, of 1747 Bluebell Drive, said the N-Viro process was an interim solution but progress was being made. Mr. Al Arends, 2133 Silver Bell Road, thanked the City Council and staff for all their efforts on behalf of the neighborhood. Wachter moved, Pawlenty seconded a motion to approve the N-Viro process as a temporary/interim alternative prior to completion of the incinerator odor control improvements at the Seneca Plant with direction to City staff to enter into negotiations with the MWCC to draft an amendment to the development contract taking all the City's concerns into consideration. Aye: 5 Nay. 0 TRANSFER/MULTI-FAMILY HOUSING REVENUE BONDS ROYAL OAKS CIRCLE APARTMENT PROJECT Mayor Egan introduced this item as a resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of title to the Royal Oaks Circle Apartment Project. City Administrator Hedges said that questions raised at the May 23, 1991 regular City Council meeting had been satisfactorily addressed. Ms. Christine Chale, bond counsel on this project, briefly discussed the transaction and presented a letter certifying that the lenders will assume all costs of the transaction (see Exhibit A). McCrea moved, Gustafson seconded a motion to approve a resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of the title to the Royal Oaks Circle Apartment Project as presented. Aye: 5 Nay: 0 R-91.36 13 C. IS-3 Page 9/EAGAN CITY COUNCIL MINUTES June 18, 1991 NY.SY. PRELIMINARY PLATE-Z STOP Mayor Egan introduced this item as a Preliminary Plat for E-Z Stop of Eagan/Crown Coco, Company Inc., Consisting of One Lot on Approximately 7 Previously Zoned GB (General Business) Acres Located at the Northwest Intersection of Nicols Road and Diffley Road in the Southwest Quarter of Section 19. Pawlenty moved, Gustafson seconded a motion to continue consideration of the preliminary plat for E-Z Stop of Eagan indefinitely. Aye: 5 Nay. 0 PRELIMINARY PLAT/TOWN CENTRE 70 11TH ADDITION Mayor Egan introduced this item as a Preliminary Plat for Town Centre 70 11th Addition Consisting of One Lot and Outlot on Approximately 293 CSC (Community Shopping Center) Acres and a Conditional Use Permit for Outdoor Displays and Sales in a CSC District Located Along the North Side of Duckwood Drive in the Northwest Quarter of Section 15. City Administrator Hedges said the Advisory Planning Commission had considered this item at their May 28,1991 regular Commission meeting and were recommending approval subject to a number of conditions. Director of Community Development Runkle gave background information on this item and described its location. The proposed Walmart building will be up to the northern lot line, however, such building placement is addressed as a condition of the preliminary plat. The proposed project meets all conditions of the EAW and ISP performed previously on this property. Mr. Runkle said traffic concerns have been addressed and staff is working with the applicant in the development of a landscaping plan to break up the large parking lot expanse. He said resolution had been reached on all items except a north-south drive aisle in the parking lot. Mr. Charles Bartholdi spoke briefly on behalf of Federal Land Company and then introduced Mr. Greg Frank, representing the Walmart Corporation. Mr. Frank said that Condition #23 of the preliminary plat required that the building be constructed of brick. He said it was their intent to construct the building using split block with colors matching the nearby Rainbow Foods building. The Director of Community Development said staff had no objection to the change in materials. Mr. Frank said his company would also like to avoid the north- south drive aisle because it would add seven additional intersections to the parking lot. He said if the intent was to break up the parking lot expanse, they would be willing to do additional plantings in the parking lot islands but believed greater traffic problems would occur if the drive aisle were installed. Community Development Director Runkle and Public Works Director Colbert said staff was in agreement with this alternate proposal. Traffic concerns in the area were then discussed and Councilmember Wachter questioned whether deliveries should come off Duckwood Drive. He said he thought a service road would be more appropriate. A Walmart representative said there would be less than ten delivery trucks a day and additional landscape screening would be installed along Duckwood Drive. He added that the building was oriented as it was in order to place most of the parking area in front of the building. Mr. Martin Cohn of Federal Land Company then went on to explain some of the future plans for the Town Centre area. Gustafson moved, McCrea seconded a motion to approve a preliminary plat for Town Centre 7011th Addition subject to all conditions except Condition #20 dealing with the north-south drive aisle and a change in Condition #23 referencing "split block" in place of "brick:" 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: A1,B1,B2,B4,C1,C2,C4,D1,El,F1,G1,H1. Page 10/EAGAN CITY COUNCIL M MUTES June 18, 1991 2. The surface water runoff from proposed Lot 1, Block 1, and Outlet A, shall be directed to a new pond (Pond JP-66.1) to be constructed in the southeast comer of said Lot 1. 3. A storm sewer outlet for Pond JP-66.1 to drain to Pond JP-66 shall be provided by this development. 4. The proposed 8" sanitary sewer that will serve proposed Lot 1, Block 1, and Outlet A, shall be connected to the existing 8" sanitary sewer in Duckwood Drive. 5. An additional 6" water main and hydrants shall be provided by this development to ensure adequate fire protection. 6. Concrete valley gutters will be required at all intersections where the driveway openings connect to the City streets. 7. The development shall provide a two-cell pond designated as Pond JP-66.1 to meet the storm water ponding and water quality requirements for proposed Lot 1, Block 1, and Outlet A- 8. The development is responsible for removing the existing driveway entrance from Duckwood Drive which the proposal is not utilizing and replacing in accordance with City standards. 9. The storm sewer for Lot I shall be sized to include the future development proposed for Outlet A. 10. The grading plan for the pond construction shall include a 20' setback when the ponds are adjacent to public right-of-way. 11. The continuous street lighting standard shall be maintained for Town Centre Drive and Duckwood Drive. 12. Drainage and utility easements for the proposed pond (Pond JP-66.1) in the southeast corner of Lot 1 shall be dedicated to the high water level of this pond. 13. Drainage and utility easements shall be dedicated over the public sanitary sewer, water main, and storm sewer utilities that will be required to serve both Lot 1 and Outlet A. 14. All shopping carts shall be stored within the building. 15. The site shall be irrigated. 16. All signage shall meet the Town Centre Pylon Sign Agreement. 17. All rooftop mechanical equipment shall be screened. 18. A large enough space shall be made available for all trash and recycling containers. 19. Berming is required along Town Centre Drive and Duckwood Drive. 20. . 21. Additional landscape islands shall be provided along with those for the north/south drive aisle. A if- Page 11/EAGAN CITY COUNCIL MINUTES June 18, 1991 22. Cross ingress/egress easements and cross parking easements shall be provided. 23. The building shall be constructed of bu4ck split block on all four sides. The truck loading screening shall be constructed of the same material as the building. 24. The outdoor storage area shall have a wrought iron fence. 25. The driveway is required to be smoothed out with a longer taper. 26. The drive aisle in front of the future building shall line-up with the driveway for Dougherty's at a 90 degree angle. 27. The color of the building will match or be complimentary to the strip mall to the north. 28. Any future building shall be made with the same material with a 20 foot setback and shall adjoin to the proposed building. 29. The width of the driveway shall be 44 feet and the throat length shall be 100 feet. Aye: 5 Nay. 0 McCrea moved, Gustafson seconded a motion to approve a conditional use permit for Town Centre 70 11th Addition for outdoor displays and sales in a CSC (Community Shopping Center) district subject to the following condition: 1. The outdoor We and display shall be restricted to garden items only. Aye: 5 Nay: 0 OF 'a APPROVE PLANS/AUTHORIZE ADVERTISEMENT FOR BIDS EAGANDALE CENTER INDUSTRIAL PARK 3RD AND 4TH ADDITIONS McCrea moved, Pawlenty seconded a motion to continue to the July 2, 1991 regular City Council meeting, plans and specifications for Contract 91-06 (Eagandale Center Industrial Park 3rd and 4th Additions - Overlay). Aye: 5 Nay: 0 EMPLOYEE RECOGNITION PROGRAM Egan moved, McCrea seconded a motion to approve the Employee Recognition Program for City of Eagan employees as described and recommended. Aye: 5 Nay: 0 CITY ADMINISTRATOR/BURRVIEW ADDITION RESOLUTION Pawlenty moved, Gustafson seconded a motion to ratify the resolution requesting participation by MnDOT to review transportation improvements for the proposed Burrview Pond Addition. Aye: 5 Nay: 0 R-91.37 Page 12/EAGAN CITY COUNCIL MINUTES June 18, 1991 ICE ARENA/SITE PLAN REVIEW Pawlenty moved, Gustafson seconded a motion to approve the authorization for Bonestroo, Rosene, Anderlik & Associates to prepare preliminary site plan reviews of the municipal center and Lexington Avenue sites for an ice arena, pool and YMCA complex. Mayor Egan reiterated that the expenses associated with this review would be dedicated to a designated fund and then reimbursed to the City at a later date. Aye: 5 Nay: 0 BLOCK PARTY/STREET CLOSURE ADMINISTRATIVE POLICY After brief introduction by Mayor Egan, Director of Public Works Colbert said the City had received a number of requests regarding block parties and recommended a formal policy to provide some consistency in that regard. Discussion of the item indicated that the City Council would be interested in allowing block parties because of their promotion of community spirit, however, a determination would have to be made as to what classification of street would be appropriate to allow their temporary closure. The liability to the City of such action should also be kept in mind when designating those street classifications. A curfew was also discussed and it was the general consensus that block parties be restricted to daylight hours. PARKING RESTRICTIONS ADMINISTRATIVE POLICY McCrea moved, Gustafson seconded a motion to approve the administrative policy regarding parking restrictions and authorize its implementation. Aye: 5 Nay: 0 PROJECT 90-K/ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE SHERWOOD DOWNS - STREETS & UTILITIES McCrea moved, Gustafson seconded a motion to acknowledge completion of Project 90-K (Sherwood Downs Addition - Streets & Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. Aye: 5 Nay: 0 Mr. Rollie Crawford, an attorney representing Mr. Jim Home, brought a number of items to the City Council's attention. He said the minutes regarding City Council action on the extension of the preliminary plat approval for the Kings Wood 3rd Addition were not clear and asked that these minutes be clarified and revised. In addition, he asked Council review of the escrow requirement required of the Kings Wood 5th Addition. Mr. Crawford said he would also return requesting Council review of the water quality policy for the 5th Addition. Because of the timing of the project and the policy, he did not believe it fair to impose water quality fees on this Addition. PNOW" Wachter moved, Egan seconded a motion to approve the checklist dated May 31, 1991 in the amount of $2,449,225.87 and the checklist dated June 18, 1991 in the amount of $1,164,277.46. Aye: 5 Nay. 0 WOURRIONT The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 10:50 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, 4 r si Page 13/EAGAN CITY COUNCIL MINUTES June 18, 1991 McCrea, Pawlenty and Wachter, City Administrator Hedges, City Attorney Sheldon, attorneys Tom Creighton and Pierre Regnier and Cable Coordinator Mike Reardon. The executive session adjourned at approximately 11:30 p.m. KF CITY OF EAGAN E. anOverbeke City k JUNE 26, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: BLUE RIBBON TASK FORCE TO ADDRESS ACCESSIBILITY OF TOBACCO PRODUCTS TO MINORS At its June 4 meeting, the City Council directed the establishment of a blue ribbon task force to study the accessibility of tobacco to minors. The membership was to have representation from seven areas of community interest. Staff contacted potential representatives of seven groups and recommends the following people be appointed to the task force: Chamber of Commerce Grocers Association George Markgraf, Rainbow Foods, Eagan Community at Large Mary Jane Swenson, 3630 Knoll Ridge Dr. Vending machine Coalition Tom Briant, Minneapolis Association for non-smokers Sheryl Casey, 4706 Beacon Hill Rd. Youth Derek Robilland, 1411 Walfrid St. Amy Smiler, 1284 Berry Ridge Rd. Law Enforcement Jerry Meszaros, Eagan Police Dept. City (Facilitator) Liz Witt The Council is concerned with health and safety of City residents which includes youth using tobacco products. Law enforcement is concerned with sales of tobacco products to minors. Issues to be reviewed by the task force could include: * Should the City regulate the sale of tobacco? If so, to what degree? * What controls should the city exert? * Identify and create awareness of health issues? * Identify and create awareness of dollar costs (economic considerations)? * Are vending machines a problem? * Is shoplifting a problem? * Where do minors obtain cigarettes and other tobacco products? Page 2 A suggested timeline for the task force is as follows: July Initial meeting, establish agenda August Meeting Sept. Meeting October Draft recommendations for Council Nov/Dec Council consider code amendment Once the task force is approved, I will contact the members, set a meeting date and we will be up and running.