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1991-01-15 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA January 15, 1991 A regular meeting of the Eagan City Council was held on Tuesday, January 15, 1991, at the Eagan Municipal Center. Present were Mayor Egan, Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. The following changes were recommended to the agenda for the January 15, 1991, regular City Council meeting: Item F, Consent Agenda, Final Plat, Town Centre 100 - Eighth Addition was recommended for continuance indefinitely. Item 4, Administrative Agenda, Virginia Knight, Request for Payment of $3,151 Surrender Fee was recommended for action under Department Head Business. Wachter moved, Gustafson seconded, a motion to approve the agenda for the January 15, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 li?ITI1m Councilmember Pawlenty recommended the following change to the minutes of the January 3, 1991 regular City Council Meeting: Page 7, paragraph 2, third sentence insert the word "only" between the words "was one." Gustafson moved McCrea seconded a motion to approve the minutes of the January 3, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 Gustafson moved Wachter seconded a motion to approve the minutes of the December 11, 1990, special City Council meeting. Aye: 5 Nay: 0 EPA3T1V HEADB POLICE DEPARTMENT/PROCLAMATION VIRGINIA KNIGHT DAY IN THE CITY OF EAGAN After acknowledging Virginia Knight's contribution to the Police Department since 1966 and her having served with all three City of Eagan Police Chiefs, the Mayor proclaimed February 1, 1991, as Virginia Knight Day in the City of Eagan. The City Councilmembers enthusiastically endorsed this proclamation. Page 2/EAGAN CITY COUNCIL MINUTES January 15, 1991 VIRGINIA KNIGHT/REQUEST FOR SURRENDER FEE Wachter moved, Pawlenty seconded, a motion to refer review to the Personnel Committee of a written request received from Virginia Knight for reimbursement by the City of a $3,151 surrender fee incurred when she transferred deferred compensation funds between plans. Aye: 5 Nay: 0 (Continued) POLICE DEPARTMENT/PRESENTATION BY UNISYS LAW ENFORCEMENT POST PROGRAM Ms Linda Miller, representing Unisys Corporation, presented a check to the City in the amount of $1,000 for support of the Law Enforcement Explorer Post Program. Mayor Egan accepted on behalf of the City Council and the City of Eagan. ONSE ``GE A A. Personnel Items 1. It was recommended that the hiring of Lynn Vasquez as Lead Clerical Technician in the Police Department be approved. B. Plumbers Licenses It was recommended that the 1991 plumbers' licenses be approved as presented in Exhibit A. C. Ordinance Amendment - Chapter 6 Licensing It was recommended that the Ordinance Amendment to Chapter 6, Licensing, Section 6.03, Subdivision 1, regarding the granting of licenses, be approved as presented. D. Proclamation /Lifelong Learning Awareness Month It was recommended that a proclamation designating January 1991 as Lifelong Learning Awareness Month be approved. R-91.1 E. Recommendation for Corridor Task Force It was recommended that the Airport Relations Committee recommendation relative to the Blue Ribbon Corridor Task Force be approved. F. Final Plat/Town Centre 100 - Eighth Addition It was recommended that the final plat for Town Centre 100 - Eighth Addition be continued indefinitely. Page 3/EAGAN CITY COUNCIL MINUTES January 15, 1991 G. Final Plat/Town Centre 100 - Ninth Addition It was recommended that the final plat for Town Centre 100 - Ninth Addition be approved. R-91.2 H. Project 591. Cancel Project (Tranby 1st Addition - Utilities) It was recommended that Project 591 and Contract 90-15 (Tranby 1st Addition - Storm & Sanitary Sewer) be canceled. 1. 1991 Burnsville/Eagan Cable Communications Budget It was recommended that the 1991 Burnsville/Eagan Cable Communications Budget be approved. J. Contract 87-NN. Acknowledge Completion/Authorize City Maintenance (Oak Cliff Ponds Addition) It was recommended that completion of Contract 87-NN (Oak Cliff Ponds Addition - Streets & Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. K Contract 87-R. Acknowledge Completion/Authorize City Maintenance (Royal Oak Circle 1st & 2nd Additions - Utilities) It was recommended that completion of Contract 87-R (Royal Oak Circle 1st & 2nd Additions - Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. L. Contract 86-LL. Acknowledge Completion /Authorize City Maintenance (Blackhawk Plaza Addition - Streets & Utilities) It was recommended that completion of Contract 86-LL (Blackhawk Plaza Addition - Streets & Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. M. Contract 87-HHH. Acknowledge Completion /Authorize City Maintenance (Sunrise Hills Addition - Streets & Utilities) It was recommended that completion of Contract 87-HHH (Sunrise Hills Addition - Streets & Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. N. Cost Participation & Maintenance Agreement for County Traffic Signal (Deerwood Drive na Pilot Knob Road) It was recommended that the Cost Participation and Maintenance Agreement for County Traffic Signal Agreement #91-02 (Pilot Knob Road and Deerwood Drive) be approved and the Mayor and City Clerk authorized to execute all related documents. 0. Project 574. Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park Streetlits) It was recommended that the final assessment roll for Project 574 (Eagandale Center Industrial Park - Streetlights) be received and a final assessment public hearing ordered for February 19, 1991. Page 4/EAGAN CITY COUNCIL MINUTES January 15, 1991 P. Project 571. Receive Final Assessment Roll/Order Public Hearing (Cray Addition - Trunk Storm Sewer) It was recommended that the final assessment roll for Project 571 (Cray Addition - Trunk Storm Sewer) be received and a final assessment public hearing ordered for February 19, 1991. 0. Project 541. Receive Final Assessment Roll/Order Public Hearing (Country Hollow 2nd Addition - Trunk Storm Sewer) It was recommended that the final assessment roll for Project 541 (Country Hollow 2nd Addition - Trunk Storm Sewer) be received and a final assessment public hearing ordered for February 19, 1991. Wachter moved, Gustafson seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 1991 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS A. ADVISORY COMMISSION APPOINTMENTS: Advisory Planning Commission The following members were appointed to the Advisory Planning Commission: 1. Three-Year Terms Donald Hoeft Joyce Staeheli 2. One-Year Alternate John Gorman Advisory Parks & Recreation Commission Mayor Egan said that a letter had been received from George H. Kubik, Chairman of the Advisory Parks and Recreation Commission, requesting that special consideration be given to a continuing role on the APRC for outgoing commission member, Dick Carroll. Mr. Carroll has served three consecutive, three-year terms and is not eligible for reappointment. However, Mr. Kubik has discussed the possibility with other commission members of having Mr. Carroll placed in an advisory or consulting position. After discussion, Gustafson moved, Wachter seconded, a motion to authorize that a letter of appreciation be sent to Mr. Carroll for his volunteer service to the City, that Mr. Carroll be encouraged to reapply for appointment next year and that Mr. Carroll's experience and expertise be utilized, without voting privilege, as the Advisory Parks & Recreation Commission sees fit. Aye: 5 Nay: 0 The following members were appointed to the Advisory Parks and Recreation Commission: 1. Three-Year Terms Lee Markel] Michael Vogel 2. One-Year Alternate Deborah L. Johnson i/'} 11 Page 5/EAGAN CITY COUNCIL MINUTES January 15, 1991 Airport Relations Commission The following members were appointed to the Airport Relations Commission: 1. Three-Year Terms Greg Langen George Martin Timothy Ring 2. One-Year Alternates (2) Bruce Nauth Randy Verble Joint Burnsville/Eagan Cable Communications Commission The following members were appointed to the Joint Burnsville/Eagan Cable Communications Commission: 1. Three-Year Terms Douglas Dahl Pat O'Malley 2. One-Year Alternate Michael A. Guncheon Economic Development Commission Mayor Egan said that one of the applicants for the Economic Development Commission was Greg Hoffman, a long-time resident and businessman in the City. Because of the nature of this commission and because a business owned by Mr. Hoffman's family is presently involved in a lawsuit relating to the City, it was the advice of Legal Counsel that his name be removed from consideration. The following members were appointed to the Economic Development Commission: 1. Three-Year Terms Thomas Korsman Cynthia Luse-McKeen Debra L. Martin McCrea moved, Pawlenty seconded, a motion to add an additional Public Relations/Media position to the Economic Development Commission and that Cathy Clark Matuszak be appointed to fill that three-year position. Aye: 5 Nay: 0 Solid Waste Abatement Commission The following members were appointed to the Solid Waste Abatement Commission: 1. Residents Terry Davis Floyd Hiar 2. Business Ken Ische Page 6/EAGAN CITY COUNCIL MINUTES .r January 15, 1991 B. ACTING MAYOR: Mayor Egan appointed Councilmember Wachter as Acting Mayor. C. LEGAL NEWSPAPER: Wachter moved, Egan seconded, a motion to approve retaining This Week Newspapers (Dakota County Tribune) as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 D. CITY COUNCIL MEETINGS: McCrea moved, Pawlenty seconded, a motion to designate the first and third Tuesdays of each month at 6:30 p.m. for the official City Council meetings, and designated the following alternate dates for the conflicting meetings: Thursday, May 23, 1991; Thursday, September 19, 1991; and Thursday, November 7, 1991. Aye: 5 Nay: 0 E. STANDING COMMITTEE APPOINTMENTS: Mayor Egan appointed Councilmembers to serve on the various standing committees as follows: 1. Finance Committee: Pawlenty (Chair) and McCrea 2. Public Works Committee: Wachter (Chair) and McCrea 3. Personnel Committee: Egan (Chair) and Gustafson FINAL ASSESSMENT HEARING DELINQUENT SAC CHARGES/MERMAID CAR WASH Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment for the delinquent SAC charges for the Mermaid Car wash and authorize the certification to the County. Aye: 5 Nay: 0 PROJECT 600, T.H. 149/BECKER ROAD IMPROVEMENTS After a brief introduction by Mayor Egan and City Administrator Hedges, Lynn Neuquist, of Short- Elliot-Hendrickson (SEH), explained the scope and cost of the project. After presenting this background, Mr. Neuquist said the estimated costs are $603,500 and include construction, financial and administrative, engineering and right of way acquisition costs. He said of the $603,500, $87,900 will be paid by MnDOT and the remaining $515,600 will come from the City and assessments. Director of Public Works Colbert said that considering the increased background traffic, it is necessary that construction be completed in the 1991 construction season. He said it would also be necessary for the City Council to authorize the acquisition of the appropriate easements. Mr. Colbert said the estimated cost of the easement acquisitions is $45,000. Mayor Egan asked Director of Public Works Colbert whether it was likely Page 7/EAGAN CITY COUNCIL MINUTES January 15, 1991 there would be any modification to MnDOT's position regarding their participation. Mr. Colbert said that MnDOT has certain standards for their participation and discussions are continuing to try and maximize their participation. He said these issues would be finalized in a cost participation agreement which is expected to be completed within the next sixty days. Mayor Egan said the City had been discussing the uniqueness of assessing for a traffic signal for some time and asked City Attorney Sheldon if he anticipated any difficulty in establishing benefit in order to assess for the traffic signal. Mr. Sheldon said that one of the things they would do as part of this process would be to have an appraiser look at the properties. However, he said their position has been that the traffic signal is part of the overall road construction and they would ask the consultant to review those benefit aspects. Councilmember Pawlenty made the observation that the MnDOT contribution of $87,000 appeared to be minuscule when compared to the overall project. He asked Director of Public Works Colbert what the prospective timetable was for future improvements to that particular stretch of road. Director of Public Works Colbert said that MnDOT has a long-term improvement program for their trunk highways. He said there was no definitive improvement proposed along this segment in the present twenty year plan. He said, however, that the twenty year plan was being updated as the State and metropolitan areas develop and expand. He said presently the City is working cooperatively with MnDOT on a corridor study for Trunk Highway 149. He said once the corridor study is completed and the traffic forecasting has been brought into the formula, the State will have a better idea as to whether staging improvements will be required or whether a major improvement will be required within a certain time frame. Mr. Colbert said that once the information is available, MnDOT will probably be looking at some type of major improvement within the next 10-20 years. Councilmember Wachter said he also was disappointed in MnDOT's participation in this project. He said upgrading within the next ten to twenty years was far fetched and said that within five years would seem more probable. The Councilmember then asked if there were any projections as to how many cars would be exiting at peak hours from the West Publishing Facility. Mr. Bob Byers of SEH estimated it to be approximately 700 cars. Mr. Steve Bryant of West Publishing said that prior to the construction of their office building which is part of the West Publishing Fourth Addition, they were required to get an Indirect Source Permit from the State. He said the Indirect Source Permit required that West Publishing put in a signalized intersection at Becker Road. Mr. Bryant said that although the project grew beyond what they thought was necessary to comply with the Indirect Source Permit, they do feel it leads to safer, more efficient traffic control in the area, which is vital to the safety of their employees. He said the County plans to upgrade Yankee Doodle Road in 1994 and at that time, West anticipates building an internal road on their property that would intersect with Yankee Doodle near the water tower. Mr. Bryant said that traffic projections have indicated that if Project 600 is not approved and constructed on schedule, there will be serious problems in the area which would have a severe impact on West Publishing Company. Consequently, Mr. Bryant asked that the project be approved at this time. Mayor Egan asked if anyone in the audience wished to address the issue and none did. He also acknowledged a letter received from Abbott Service Company in regard to assessments. Pawlenty moved, McCrea seconded a motion to close the public hearing and approve Project 600, T.H. 149/Becker Road Improvements and authorized the preparation of detailed plans, specifications and cost participation agreements with MnDOT. Aye: 5 Nay: 0 Gustafson moved, Pawlenty seconded a motion to authorize the hiring of an appraiser and the acquisition of easements through condemnation if necessary for Project 600, T.H. 149/Becker Road. Aye: 5 Nay: 0 Page 8/EAGAN CITY COUNCIL MINUTES January 15, 1991 PRELIMINARY PLAT/DIFFLEY COMMONS/ROTTLUND HOMES Mayor Egan introduced this item as a preliminary plat for Diffley Commons/Rottlund Homes Company, consisting of a total of 208 units on approximately 27.6 R-4 (Multiple) acres located along the north side of Diffley Road, east of Rahn Road in the southwest quarter of Section 20. City Administrator Hedges said that the preliminary plat had been approved by the Advisory Planning Commission at their November 27, 1990 meeting. He said the City Council had reviewed the application at their December 18 meeting and at that time determined that the Advisory Parks and Recreation Commission would need additional time to review the plat. Mr. Hedges said that APRC had met and made their recommendations. Director of Community Development Runkle said that the development was part of the Eagan Hills Planned Development, a 60 acre parcel geared toward 16+ units per acre. He said the density being proposed with this plan was less than 8 units per acre. In addition, Mr. Runkle said the Planning Commission had discussed the main access to the plat. He said this main access road enters the development across from Beaver Dam Road and then loops back to Diffley Road. He said that the Planning Commission had supported this looped street system for traffic circulation as well as making the most and best use of providing access to the parcel. Mr. Runkle pointed out, however, that at some time in the future the westwardly loop may be have to be a right-in, right-out entrance onto Diffley Road. The Director of Community Development said that the Advisory Planning Commission had recommended approval and the Advisory Parks and Recreation Commission was also recommending approval with additional conditions. Mayor Egan asked the staff whether the City had any concerns regarding cross-alignment of the streets. Director of Public Works Colbert said that the main entrance opposite Beaver Dam Road did not create a problem. He said the County had expressed concerns however, about the westerly intersection because of the spacing of those access points along Diffley Road. Mr. Colbert said that the County recognized that the parcel is too large to have only one access, however, they would like the City to consider other access alternatives. Mr. Colbert said that if the street is looped, it may result in the need to construct a center island not allowing full access, or a right-in, right-out access. Mr. Todd Stutz of Rottlund Homes said they concurred with staff regarding the proposed access and the looping of the street. He said the County wanted greater spacing between the accesses onto Diffley Road than the developer believed necessary considering the existing zoning and the type of development being submitted. For Council's information, Mr. Stutz noted that he had appeared before the Advisory Parks and Recreation Commission and the Rottlund Company was providing over twice as much open space as required by the City. Mayor Egan said this property was part of what was known as Area M of the Multifamily Residential Study. He ask Mr. Stutz if Rottlund Company owned any other property in this district. Mr. Stutz said they have a purchase agreement with Cliff Road Properties for the acquisition of 28 acres of a total 50 acre site and the option of first refusal on an additional 30 acres east of the proposed development. Mayor Egan said that when Area M was being considered, he understood there was to be a sliding scale density with the higher densities occurring closer to the apartment complex to the west and the lower densities to the east. Mr. Runkle said it had been discussed but no agreement reached when Area M was removed from the Multifamily Residential Study because of the planned development agreement in place and the accompanying contractual rights for density. Councilmember Pawlenty pointed out that there was an additional issue to be discussed regarding Rottlund Company's request for waiver of $27,962 in lateral watermain charges. Director of Public Works Page 9/EAGAN CITY COUNCIL MINUTES January 15, 1991 Colbert said he was unaware of any guarantee or commitment the City has to provide properties with immediate access to all utilities, especially trunk lines. He said trunk utilities are not always immediately adjacent to a property that is being developed; therefore, the developer has to initiate action, such as a petition for public improvements, to have utilities brought to the site. He said at that time, benefiting properties are identified as well as any adjacent properties that could receive the public improvements and share in the costs. Director of Public Works Colbert said that in this situation, with all properties around it completely developed, the only benefiting property for many extension of improvements is this parcel. He said the costs associated with extending or constructing utilities to connect this parcel to the trunk system are not unusual. He said any waiver of the proposed lateral benefit from the trunk charge would be a policy decision for the Council. For Council's information, Mr. Colbert explained that when trunk lines were installed along Diffley Road, no assessment was levied but was proposed to be collected when the property was developed. He said Rottlund Company's contention that connecting to the trunk system now that the county road has been upgraded, would involve the extraordinary costs of jacking under the county road is accurate. Mr. Colbert went on to say that although the exact or best location would not have been known, a water lateral stub could have been provided to the north side of Diffley Road and an assessment levied for that installation. Mr. Colbert said there are extraordinary costs involved with providing a water lateral stub to this property and suggested that perhaps some consideration could be given to calculating what those extraordinary costs are and crediting those costs against the proposed lateral benefit. Mayor Egan asked Mr. Colbert if it was something Mr. Colbert would feel comfortable continuing to negotiate prior to final plat and Mr. Colbert said yes. Mr. Stutz said part of the APC's recommendation required that fifteen feet of additional right-of-way be provided for future upgrading of Diffley Road. He said for the record, that the setback requirement is fifty feet and an additional fifteen feet has been provided for by the developer. Mayor Egan then asked the audience if anyone wished to speak to the issue and none did. Gustafson moved, Wachter seconded a motion to approve the preliminary plat for Diffley Commons/Rottlund Company as presented 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: Al, Bl, B2, B3, B4, Cl, C2, C4, C5, Dl, El, Fl, G1 and Hl. 2. Final landscaping plan shall be prepared on grading plan. 3. The project shall have an underground irrigation system. 4. All plant material shall meet City minimum standards. 5. The development is required to provide additional right- of-way for Diffley Road as required by Dakota County. 6. The development is required to provide storage volumes and ponding easements for Pond AP-35 and the proposed pond in the northwesterly portion of the site in accordance with requirements as identified in the City's comprehensive stormwater and water quality management plans based upon final plat development plans. 7. The development is required to provide water and sanitary sewer service stubs to the easterly adjacent property. O Page 10/EAGAN CITY COUNCIL MINUTES January 15, 1991 8. The development is required to provide information relative to projected traffic trip generation for the easterly adjacent property to ensure the appropriate street surface width of the proposed loop public street. 9. The Eagan Hills West Planned Development will be responsible for a revised parks dedication obligation based on the formula as presented by staff. 10. Diffley Commons will be responsible for a cash parks dedication based on the revised parks dedication formula for Eagan Hills West Planned Development. 11. Diffley Commons will be responsible for a cash trails dedication. 12. The Diffley Commons site plan revision dated December 26, 1990 will be approved regarding the open recreational space requirement. Mayor Egan said he wished to dispel any misunderstandings that may have surrounded this development. He said these are owner-occupied units at a density of 7-8 units per acre in an area with a planned unit development agreement in place which could have allowed 16 units per acre. Aye: 5 Nay: 0 BEER AND WINE LICENSE/CHUNG WONG INC. Mayor Egan introduced this item as a request for a wine and beer license for Chung Wong, Inc., at 2139 Cliff Road. City Administrator Hedges said that the restaurant at 2139 Cliff Road will continue as Hong Wong Restaurant but ownership has transferred to Chung Wong Corporation. He said they are not requesting an on- sale liquor license and are only intending to sell wine and beer. McCrea moved, Pawlenty seconded, a motion to approve the Wine, Sunday Wine and Beer license application for Chung Wong, Inc., for the Hong Wong Restaurant at 2139 Cliff Road as presented. Aye: 5 Nay: 0 SPECIAL USE PERMIT/CUB FOODS TEMPORARY OUTDOOR NURSERY SALES Mayor Egan introduced this item as a request for a special use permit for Cub Foods, to allow a temporary outside nursery at Lot 1, Block 1, Cliff Lake Center, located in the southwest quarter of Section 29. Director of Community Development Runkle said this is one of several requests for conditional use permits which have come before the Council in the past few years. He said the applications in the past were generally in the parking area; however, this request has shifted the sales to the north along the side of the Cub building. Mr. Runkle said there would be a greenhouse area and a fenced area for the nursery products. He said because the proposed greenhouse will be located where the employee parking lot is presently, Cub Foods would be relocating their employee parking lot to the west and northwest portions of the lot. Mr. Runkle said this is a different location than those previously proposed; however, the issue regarding the sale of nursery products in the parking lot is the same. For Council's reference, Mr. Runkle said that the 1989 application was approved for a location in the general parking lot area but because of traffic flow problems, the 1990 request for the same area was denied. Page 11/EAGAN CITY COUNCIL MINUTES January 15, 1991 Councilmember McCrea asked Mr. Brett lien, the store manager for Cub Foods, whether this request directly affected Cub or whether they were leasing the space to a second company. Mr. Lien said that Cub would operate the nursery using their own employees but would be supplied by Bailey's Nursery. Mr. Lien added that all other Cub Food Stores in the metro area have such a facility. Councilmember Wachter said he could not see the need for outdoor nursery sales at Cub. He said it was such a congested area that he could not see the feasibility of the request. Councilmember Gustafson said the City has other florists and Cub Foods sells flowers; the City has other banks, and Cub Foods also has a bank. The Councilmember said that a duplication of services is irrelevant and any decision on the application should be on the basis of the application only.. He went on to say that the parking lot is crowded but he did not see this location as presenting any particular problems other than taking parking places. He said he was in favor of the application and unless there was a policy reason for them not to, Cub Foods had a right to pursue such sales. Councilmember Wachter said he did not oppose the application because there are other nurseries in the City but only because he did not see the need. Councilmember Pawlenty said he would support the application because it is temporary and is an improvement over last year's design. He said because it is temporary, it would not be approved the following year if it does not work. Gustafson moved, Pawlenty seconded, a motion to approve a special use permit for Cub Foods to allow temporary outdoor nursery sales subject to the following conditions: 1. The permit is temporary and shall expire after May 24, 1991. 2. A building permit shall be obtained through the Protective Inspections Department. 3. The building shall be open-ended and shall be placed within a fenced sales area to allow exiting through both ends of the greenhouse. 4. The permit shall be subject to all applicable code requirements. Councilmember McCrea said she would vote in favor of the application but would look upon it as a test. She said if the parking lot caused significant problems, it probably would not be approved the following year. Aye: 4 Nay: 1 (Wachter) SPECIAL USE PERMIT/OPUS CORPORATION TEMPORARY SIGNS Mayor Egan introduced this item as a Special Use Permit for the Opus Corporation for three temporary free-standing ground signs in excess of 7 feet in height at Lot 13, Block 1, Eagandale Center Industrial Park in the NW 1/4 of Section 3; Lot 2, Block 2, Eagandale Center Industrial Park #10 in the SW 1/4 of Section 3; and Outlot B, Eagandale Business Center, LeMay Lake Second Addition in the NE 1/4 of Section 10. Director of Community Development Runkle said as indicated, these were three separate Special Use Permit applications requesting three temporary marketing signs exceeding the City Code allowed height of 7'. He said all three proposed signs measure 8'x 8'. Mr. Bob Worthington of Opus Corporation said he wanted to apologize because the signs in question were mistakenly installed. He said it was a result of miscommunication between Opus and the company hired Page 12/EAGAN CITY COUNCIL MINUTES January 15, 1991 to design and install the signs. Opus Corporation had offered to take the signs down; however, staff said the signs could remain in place pending Council action. McCrea moved, Gustafson seconded, a motion to approve Special Use Permits for Opus Corporation for temporary ground signs in excess of T in height at: 1) Lot 13, Block 1, Eagandale Center Industrial Park #1; 2) Lot 2, Block 2, Eagandale Center Industrial Park #10; and 3) Outlot B, Eagandale Business Center, LeMay Lake 2nd Addition, subject to the following conditions: 1. All signs shall be subject to the one-time sign fee of $2.50 per square foot. 2. The signs shall be allowed as long as they are well maintained. 3. All other applicable ordinances are complied with. Aye: 5 Nay: 0 VARIANCE/ROSEWOOD BUILDING CORPORATION FRONT AND SIDE YARD SETBACKS Mayor Egan introduced this item for the Rosewood Building Corporation, as a request for a front and side yard setback variance for Lot 35, Block 1, Blackhawk Pond Addition located in the NW 1/4 of Section 21. City Administrator Hedges said this item required no formal action by the Advisory Planning Commission and had come directly to the City Council. After describing the location, Director of Community Development Runkle said that staff had looked at various alternatives for this variance request. He said the house could be built within existing setbacks but would require additional grading and the substantial loss of additional trees. He said the hardship for granting the variance would be the topography and loss of trees. Gustafson moved, Wachter seconded, a motion to approve a front and side yard setback variance for Rosewood Building Corporation for Lot 35, Block 1, Blackhawk Addition located in the NW 1/4 of Section 21 and subject to the following conditions: 1. Snowfencing shall be installed in accordance with the proposed site plan exhibit to ensure that the construction limit would be adhered to and that the trees would be protected prior to any grading or construction on this lot. 2. All applicable ordinances shall be adhered to. Aye: 5 Nay: 0 M i I?~ixST rg""D:3 CONFLICT OF INTEREST/BIETER VS CITY OF EAGAN CASE City Administrator Hedges said a transmittal had been received from Cliff Greene of the law firm of Popham Haik regarding an attorney in their firm representing a client involved in litigation against the City. He said the client is Ron Cornwell, an interested party in the Bieter case. Mr. Hedges went on to explain that an attorney with Popham Haik has represented a client for a number of years who has an interest in acquiring an apartment complex in South Dakota through a general partnership. Another partner was needed for this venture and Mr. Cornwell was asked to be that partner. Mr. Hedges said that while Mr. Cornwell will play an active role in the partnership, he will have a limited role and limited contact with Popham Haik. Mr. Hedges asked the City Council how they wished to proceed under these conditions. CI'Fay~~t~ Page 13/EAGAN CITY COUNCIL MINUTES January 15, 1991 Mayor Egan said his original concerns regarding Mr. Cornwell's representation by the law firm of Popham Haik had to do with the appearance of a deliberate attempt to foil the relationship between the City and its legal counsel in the Bieter case. Mayor Egan said his degree of comfort was greater with an explanation of the circumstances because it now appears the relationship is casual and incidental. Councilmember Pawlenty said he wished to commend Mr. Greene for bringing the issue forward. He said he agreed that this would not constitute a technical conflict of interest; however, the Bieter lawsuit is filled with allegations of conspiracies and conflicts of interest and this relationship has the potential for problems with perception. He said he would urge caution because of the possibility it could be misconstrued. Councilmember Gustafson said that Mr. Greene should be advised that the City does not see a need to sever its relationship with the Popham Haik but are concerned and are urging caution. In addition he said the City should apprised of any changes to the situation. RESOLUTION/MAJOR AIRPORT SEARCH AREA REPORT City Administrator Hedges said a request had been made by the Metropolitan Council that cities and counties examine the airport search issue and provide a meaningful response to the candidate search areas. He said the position of the City Council has been that if the airport were to relocate, a southern location would be preferred. Mr. Hedges said the resolution submitted for Council's consideration addressed that preference by saying that a northern location would not be acceptable. Mr. Hedges said the airport relocation is an issue of great sensitivity but with Council's approval, staff would proceed with the resolution. Councilmember Pawlenty said that as a matter of policy, he would not favor a northern location; however, if the Council wished to continue the item for further discussion, he was willing to do so. Mayor Egan said he recently had an opportunity to discuss the matter briefly with the Mayor of Hastings and that city is very concerned. Mayor Egan advised the Council that Margaret Schreiner, our representative on the Metropolitan Council, would like to meet with Eagan representatives regarding this issue. Mayor Eagan said it would be well to meet before action is taken on the resolution. The Mayor added that he did not believe that under any circumstances the City of Eagan could economically support a northern site. Councilmember Wachter said that he was firm in his position that the northern area should not researched any further. However, at this point, the Councilmember was not in favor of the City going on record as favoring a southern site. He said he was not convinced it was the only option available and there were other alternatives he would want to address before he took such a position. Councilmember Pawlenty said that the resolution, in reference to relocation, says that if the airport moves, the City of Eagan wants it at a southern site. Councilmember Gustafson said it may be well to consult with the County Commissioners and defer action on the resolution to another time. City Administrator Hedges suggested that he and one of the City's elected officials meet with the County Commissioners and the Metropolitan Council representative regarding the Airport Search Area Report. Gustafson moved, Wachter seconded a motion to continue indefinitely consideration of the resolution pertaining to the new major Airport Search Area Report of the Advisory Task Force of the Metropolitan Council with the recommendation that the Mayor and City Administrator meet with the City's County Commissioner and Metropolitan Council representative regarding the City's position. Aye: 5 Nay: 0 STAFF/CITY COUNCIL RETREAT Because of budget constraints and a commitment by the City to cut costs, McCrea moved, Wachter seconded a motion to hold the Staff/City Council Retreat at the IDS Oak Ridge facility in Chaska on February 8-9, 1991. Aye: 5 Nay: 0 Page 14/EAGAN CITY COUNCIL MINUTES January 15, 1991 CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE R.L. JOHNSON INVESTMENT COMPANY INC. Mayor Egan introduced this item as reconsideration of R.L. Johnson Investment Company Inc.'s Conditional Use Permit for outside storage. Gustafson moved, Wachter seconded, a motion to refer the application for a Conditional Use Permit for outside storage for R.L. Johnson Investment Company Inc. to the Advisory Planning Commission for review. Aye: 5 Nay: 0 D.A.R.E. GRADUATIONS The Mayor and City Councilmembers each volunteered to attend D.A.R.E. graduations at five Eagan Elementary schools conducted by Eagan Police Department DA.R.E. Officers. PROJECT 608/COVENTRY PASS 3RD ADDITION Mayor Egan introduced this item as Project 608, receive petition/authorize feasibility report, Coventry Pass 3rd Addition. Before taking action on this request, Director of Public Works Colbert said that project petition forms contain a provision that the petitioner will guarantee all costs if for some reason the project does not go forward. Mr. Colbert asked the Council if they would prefer to have a type of financial security back up that guarantee to avoid a recurrence of a situation similar to that of the Tranby Addition. After discussion, staff was directed to maintain the firm policy that an applicant is responsible for the full costs associated with a petition and to prepare recommendations regarding financial guarantees for Council's consideration at a future meeting. McCrea moved, Gustafson seconded, a motion to receive the petition for Project 608 (Coventry Pass 3rd Addition - Trunk Storm Sewer) and authorize the preparation of a feasibility report. Aye: 5 Nay: 0. RESOLUTION/MARTIN LUTHER KING JR DAY Councilmember McCrea said she was very concerned that School District #196 continued not to recognize Martin Luther King, Jr. Day. She asked that the City Council consider adopting a resolution that respectfully requests that beginning with 1992 the school districts include Martin Luther King Day as a day they honor for students. McCrea moved, Pawlenty seconded, a motion to instruct the staff to draft a resolution respectfully requesting that schools within districts represented in the City of Eagan honor Martin Luther King Jr. Day. Councilmember Gustafson said that while he would support the resolution, the highest and best way to honor Martin Luther King Jr. would not be in a day off from school but a day in school devoted to the study of Dr. King. Councilmember Wachter concurred. Councilmember McCrea said she would agree, however, expressed her dissatisfaction with School District #196's awareness of this as well as other black issues. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 14, 1991, in the amount of $1,097,055.48 and the checklist dated January 15, 1991, in the amount of $26,505.29. Aye: 5 Nay: 0 Page 15/EAGAN CITY COUNCIL MINUTES January 15, 1991 The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 10:00 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorneys Sheldon and Wilcox. The executive session was adjourned at 11:30 p.m. KF CITY OF EAGAN E. J. Overbeke, City Clerk