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09/17/1996 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE 0617Z3 • EAGAN CITY COUNCIL Eagan, Minnesota September 17, 1996 A regular meeting of the Eagan City Council was held on Tuesday, September 17, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges suggested that Item 1 and 3 of the Administrative Agenda be moved up and considered at the beginning of the meeting. He stated that Item 3 of the Administrative Agenda needed to be considered before the Consent Agenda. He also stated that 2 items of the Consent Agenda were going to be continued. Items 1 and 3 of the Administrative Agenda-were considered as part of the Consent Agenda. Councilmember Hunter moved, Councilmember Masin seconded a motion to adopt the agenda amended. Aye: 5 Nay: 0 Councilmember Masin requested on page 7, the second sentence of the first paragraph should read, Councilmember Masin suggested working cooperatively with the developer on landscaping so that Sthe City property will blend in with the developer's landscaping. Councilmember Hunter requested on page 9, the fourth paragraph, after the word situation should read, unless warrants are met or unless there is a specific attractor, i.e., a school or a park. He also requested on page 11, that the following sentence be added at the end of the first paragraph, Sheldon replied that the Council needed to act tonight. Councilmember Wachter requested on page 15, the first sentence of the third paragraph should be replaced with, Councilmember Wachter stated he feels the Eagan Convention and Visitors Bureau can operate on its own without the assistance of the Northern Dakota County Chamber of Commerce. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Masin stated she had attended an open house at Koch for their new second fire station. She said that it was noted that our Fire Department volunteers go over there to do training. Fire Chief Jensen stated that the Eagan volunteers turn out at Koch Refinery annually in regard to large fire burns, i.e., gasoline, petroleum, to conduct training. He noted that the City also has a mutual aid agreement with Koch to provide assistance if needed. He added that every other year there is an opportunity to send one or two of the Eagan firefighters to Texas or Florida for hands on training. Councilmember Hunter noted that on Saturdays when the youth play soccer at Lexington and Diffley, parking occurs in the back parking lot where there is a real narrow aisle and people tend to park in the driveway causing gridlock. He suggested Director of Parks and Recreation Vraa check into putting 411 up no parking signs in that area. EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17 1996 a W.:—1- • PAGE 2 In regard to Item P, Resolution Authorizing Mighty Ducks Grant application, City Administrator Hedges stated that the Mayor and City Councilmembers discussed the possibility of Mighty Ducks funding for a second sheet of ice at their work session earlier in the evening. He noted that since the cost estimates received from the architect were higher than anticipated and the possibility of a second round of funding in 1997, the Council suggested pulling this from the agenda to discuss whether they wanted to proceed with the grant application this fall. Councilmember Hunter explained that this decision is complex and involves funding sources and financing with revenue bonds. He added that there is a gap in the financing for the cost of the facility and how much the facility can bring in through revenue. He further added that the gap has expanded. He said that what was initially thought to be a self-sustaining project has turned into a project that needs a funding source. He also said there is a four-plex being proposed for Dakota County that could be utilized by Eagan residents. He stated there is the possibility that this funding will continue into 1997, so a grant could be applied for next spring. He added that the reason the Council does not want to apply for the grant now is because if they receive grant money and reject it, next spring the possibility of receiving grant money could be jeopardized. He further added the Council has decided to wait and see if the four-plex is built and what the demand is for use and take further action next spring if it is warranted. In regard to Item S, Agreement Between ISD 196 & City of Eagan for Basic Emergency Medical Care,Councilmember Wachter asked where the idea for this agreement originated from. Fire Chief Jensen stated the Explorer Post wished to take part with the School District in sporting events and supply first responder medical care. Councilmember Wachter added that he has nothing against the program, but noted he does not want to start a program and discontinue it due to lack of participation. Jensen said that this agreement is for one year and would be renewed annually. Councilmember Wachter asked representatives from Opus about the lone oak tree logo proposed for the pillars of the shopping center. Senior Planner Freese informed the Council that staff did approve a clock tower design with a lone oak tree. A. Personnel Items Item 1. It was recommended to approve the hiring of Lloyd Enos as a part-time Property Room Technician in the Police Department. Item 2. It was recommended to approve the hiring of Christopher Beckman as a seasonal park maintenance worker. Item 3. It was recommended to approve the hiring of Amy Sievers as a seasonal park attendant. Item 4. It was recommended to approve the hiring of Guy Dawson, Jeff Freeman, Ken Freeman, and Mark Samstad as seasonal adult touch football league officials. Item 5. It was recommended to approve the hiring of Fran Dropik as a seasonal Skate Guard at the Civic Arena. Item 6. It was recommended to approve the hiring of Clinton Mitchell as a seasonal Concessions Worker at the Civic Arena. • Item 7. It was recommended to approve the hiring of Tamara Johnson as a seasonal Preschool Teacher EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 • PAGE 3 for the Youth Development Program. Item 8. It was recommended to approve the hiring of Linda Clark as a seasonal Program Assistant for the Youth Development Program. Item 9. It was recommended to approve the hiring of Jean Horton and Leanne Kojetin as seasonal Preschool Program Assistants. Item 10. It was recommended to accept the letter of resignation from Bernadine Kummer as a Clerical Technician III in the Eagan Police Department and authorize the filling of the position. B. Recommendation. Burnsville-Eagan Cable Communications Commission. resolutions consenting to 96.78 simultaneous transfer of Meredith Cable to Continental Cablevision and from Continental to U.S. West. It 96.79 was recommended to approve a resolution consenting to the transfer of the City's cable television franchise to Continental Cablevision and to approve a resolution consenting to the transfer of the franchise from Continental to U.S. West as presented. C. Project 686. Receive final assessment roll/schedule public hearing (Woodgate Lane - Street Reconstruction). It was recommended to receive the final assessment roll for Project 686 (Woodgate Lane - Street Rehabilitation & Utility Services) and schedule a public hearing to be held on October 15, 1996. D. Project 655. Receive final assessment roll/schedule public hearing (Northridge Dr. -Streets& Utilities). It was recommended to receive the final assessment roll for Project 655 (Northridge Drive - Streets & Utilities) and schedule a public hearing to be held on October 15, 1996. • E. Contract 96-19. Authorize final payment/acceptance (1996 - Sealcoating). It was recommended to approve the first and final payment of$191,448.98 to Allied Blacktop for Contract 96-19 (1996 Sealcoat) and authorize acceptance for perpetual maintenance. F. Project 691. Amend public hearing date (Clemson Dr. - Final Assessment Hearing). It was recommended to amend and reschedule the final assessment hearing for Project 691 (Clemson Drive - Streets & Utilities) to October 15, 1996. G. Project 681.Amend public hearing date(Nicols Rd. -Final Assessment Hearina). It was recommended to amend and reschedule the final assessment hearing for Project 681 (Nicols Road - Street & Storm Sewer) to October 15, 1996. H. Contract 96-12. Approve change order#1 (Northwoods Dr. - Street& Utilities). It was recommended to approve Change Order No. 1 to Contract 96-12 (Northwoods Drive - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. I. Preliminary Planned Development. Final Planned Development and Final Subdivision (Safari at Eagan Third Addition) Fortune Realty. (This item was continued to the October 1, 1996 City Council meeting.) J. Final Subdivision. (Eagandale Corporate Center) Maplewood Acres Inc. It was recommended to approve a Final Subdivision for the Eagandale Corporate Center subdivision located north of Yankee Doodle Road and east of Lexington Avenue. (This item was continued to a future Council meeting.) K. Final Subdivision. (Seneca Hills) IGA Investment Group. It was recommended to approve a Final 96.80 • Subdivision for the Seneca Hills subdivision located east of Highway 13 and south of Robin Lane adjacent to the Centex Vermilion townhouse development. 0 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 • PAGE 4 L. Findings of Fact. Citi-Cargo Storage Co. Inc. It was recommended to approve the Findings of Fact 96.80.1 regarding the proposed Conditional Use Permit to allow outdoor storage on Outlot B, Mardelann Addition located north of Blackhawk Road, south of Yankee Drive, and west of Trunk Highway 13. (Mayor Egan abstained on this item.) M. Adopt Resolution to continue participation in the Metropolitan Livable Communities Act for 1997. It was 96.81 recommended to adopt a resolution to continue participation in the Metropolitan Livable Communities Act for 1997. (Councilmember Awada voted against this item.) N. Eagan Promenade sign revision (Byerly's). It was recommended to approve the sign revisions for the south facade of the Byerly's store in the Eagan Promenade Planned Development. O. Final Planned Development and Final Subdivision. (Eagan Promenade 2nd Addition) Healey Ramme 96.82 Company. It was recommended to approve a Final Planned Development and Final Subdivision for Eagan Promenade 2nd Addition for Healey Ramme Company. P. Resolution Authorizing Mighty Ducks Grant application. (The Council withdrew consideration for the Mighty Ducks Grant application at this time.) Q. Project 674. Approve Stipulation Agreement of assessment appeal (Violet Lane - Streets & Utilities) 96.83 It was recommended to pass a resolution approving a stipulation agreement regarding Parcel 10-01600- 010-06 (John C. LeMieux) for Project 674 (Violet Lane- Streets & Utilities) and authorize the Mayor and City Clerk to execute said Resolution and Stipulation Agreement. R. Resolution Amending the Eagan Comprehensive Guide Plan(Woodcrest Church). It was recommended 96.84 to approve a resolution amending the Eagan Comprehensive Guide Plan from D-1 (Single Family 0-3 units/acre) to PF (Public Facility) to allow construction of a church on approximately 12 acres located at the northeast corner of TH 3 and Cliff Road in the SE quarter of Section 25. S. Agreement Between ISD 196&City of Eagan for Basic Emergency Medical Care. It was recommended to approve the basic emergency medical care/athletic trainer agreement as presented. T. Promenade/Opus Special Assessment Reallocation. It was recommended to approve a request from Opus to reallocate the special assessments on the Eagan Promenade Shopping Center development. Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 MINNESOTA MOOSE LOCKER ROOM DISPUTE City Administrator Hedges gave an overview on this item. City Attorney Sheldon stated that no response has been received from the Minnesota Moose since the response submitted by the City Attorney's office in July. Councilmember Wachter asked Sheldon for clarification on the cost that the Moose are being asked to pay. Sheldon stated the City is trying to get the Moose to pay$69,000 for the breach of contract. Hedges added that the City is trying to recover the cost associated with the building and not lost hours. Mayor Egan emphasized that during late spring and early summer he received correspondence from a law firm representing the Moose giving several excuses for their failure to pay. Sheldon noted that this lawsuit will probably be contested. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve direction to the City Attorney regarding the appropriate action to be brought against the Minnesota Moose for breach EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 .r` • PAGE 5 of written agreement due to their relocation. Aye: 5 Nay: 0 VACATE PUBLIC RIGHT-OF-WAY, ALDRIN DRIVE City Administrator Hedges gave a brief overview on this item. Director of Public Works Colbert gave a staff report. He stated that this platted right-of-way is being replatted into the Eagandale Corporate Center Addition and the final plat was expected to be considered at the September 3 meeting but was withdrawn due to lack of execution by the developer. He added that it was rescheduled for this evening's agenda, but the final plat application has again been withdrawn to be considered at a future date. He further added that at the last meeting, the public hearing was opened and there were no people offering any comments. He said staff is recommending the public hearing be opened and closed and the item will be brought back on the Consent Agenda, depending on the status of the final plat. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter asked Colbert what the County meant in their letter that this would have an adverse impact on the County highway system. Colbert stated that the County is concerned that, with local development and road planning, parallel routes to the main County road network system be provided so that the County road system is reserved for longer commuting trips and not local access trips. He added that after staff evaluated the layout of the Eagandale Corporate Center, it was determined that Aldrin Drive would not serve any useful purpose for relieving traffic on Yankee Doodle Road. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and continue this item indefinitely. Aye: 5 Nay: 0 CONTRACT 96-01, RECEIVE BIDS/AWARD CONTRACT (EAGANDALE CORP. CENTER) City Administrator Hedges gave a brief overview on this item. Director of Public Works Colbert gave a staff report. He stated that the City should not enter into a contractual obligation to install streets and utilities until they are assured they will have the public right-of-way to do so and that assurance will not come until the final plat has been approved and recorded. He added that due to the plat's withdrawal, staff is recommending the Council receive the bids and continue consideration of contract award to a future date. He further added the Council has up to 45 days to consider award. Hedges noted that there is a Municipal State Aid Road that is part of this project. He stated that the applicant has inquired if they could do the work privately as an option. He further stated that it has always been the City's position that MSA roads be done under public contract and staff is recommending it be done publicly as well. Mayor Egan concurred with staffs recommendation to have the MSA portion be done publicly. Councilmember Hunter added that private development of streets should be allowed when possible, but when there is a state aid street there is more to take into consideration. He further added that he is 100% behind the staffs recommendation. Councilmember Hunter moved, Councilmember Masin seconded a motion to receive the bids for Contract 96-01 (Eagandale Corporate Center-Streets& Utilities) and continue this item until the final plat is in order for approval. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 0 64;3 3 5 • PAGE 6 PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT (TOWN CENTRE 70 NINETEENTH ADDITION) City Administrator Hedges gave a brief overview on this item. Senior Planner Freese gave a staff report. Mayor Egan asked Freese if staff has met with the developer regarding future development of the outlot. Freese indicated staff has asked the developer to provide a concept plan about future access and how it may be subdivided. She stated the property owners have indicated that they would prefer to plat the remainder of the property as an outlot so that, as they find users for the property, the appropriate acreage could be platted for a particular use. Councilmember Awada asked if the developer was aware that there is only going to be one exit on Denmark. Freese said that they were aware of that and accepted it. Councilmember Hunter stated he has received a couple of calls regarding the Holiday Station at Lexington and Diffley and how bright the lights are at night. He asked about the lighting proposed for the east side of the car wash. He added the proximity of the car wash is much closer to residential than the Holiday Station and the lighting is a concern since this is a 24-hour operation. Freese overviewed the lighting proposal. Mayor Egan asked about the control of external spillage. Freese indicated the ordinance provides for that, but oftentimes the plans do not get built to specifications. Councilmember Hunter asked if the ordinance applies at Lexington and Diffley. Freese stated that the lighting plan, as submitted met the lighting requirements, but she added that something different was installed on the site. She further added that staff has made Holiday Station aware that they have not installed their lighting in accordance with the lighting plan. She said that they have asked them to either submit a revised lighting plan in accordance with what they have installed and demonstrate that it meets the ordinance requirements or remove the lighting and install it in accordance with the original plan. She stated that the problem with lighting plans is that generally they have not been reviewed by a lighting contractor and, as the project moves forward, the lighting contractor comes up with a better and more efficient alternative for the developer and the lights are installed without coming in to get revisions to their plans. She indicated that staff has identified this problem and they are trying to resolve it. Discussion occurred regarding the problems associated with lighting plans not being adhered to and possible solutions, such as holding an escrow for lighting and holding the electrical permit until an inspection of the lighting has been completed. Hedges stated that staff could come back with some proposed solutions. Bruce Miller, with Federal Land Company-representing Eagan Tower Office Building Partnership, addressed the Council and stated that an overall concept plan has been submitted regarding the balance of the property. He indicated they do not have any specific users at this point. He noted that they are comfortable with one additional access point. He clarified that the sign will not be internally lit, but rather will be ground lit. Craig Mattice, applicant, addressed the Council and discussed the lighting and stated the sign will be ground lit and also added that the other lighting will be down lit and will not be visible from the apartments. Councilmember Wachter asked how the traffic pattern is going to be controlled. Mattice explained the traffic pattern. Councilmember Hunter stated he anticipates some problems with traffic circulations, but further stated he did not see them as major concerns. Councilmember Masin asked if there were any objections expressed by the public. Freese indicated that there was no one present at the public hearing. Councilmember Hunter asked if there was a berm on the east side. Freese indicated it was not actually a berm but rather a planting island with a significant amount of plantings. Colbert stated that the site elevation is higher than the street grade of Denmark Avenue. • EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996 t jeZ 3s PAGE 7 Councilmember Masin stated she felt there could be a better use across from the residential area, both from the perspective of aesthetics and appropriateness. Mayor Egan added the landscaping plan is reasonable and his other concerns are not overriding ones. Councilmember Awada stated the car wash is more aesthetically pleasing than the back of Walmart. Mayor Egan further added that this use is better than the Dairy Queen that was proposed. Councilmember Awada said there will be less traffic with this use. Councilmember Awada moved,Councilmember Hunter seconded a motion to approve a Preliminary Subdivision (Town Centre 70 Nineteenth Addition)to create one lot and one outlot on 8.7 acres of property located on the west side of Denmark Ave., north of Duckwood Drive in the NW 1/4 of Section 15 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, Cl, C2, C4, D1, El, Fl Utilities 2. The sanitary sewer service shall be constructed to City standards. • 3. A manhole shall be placed on the sanitary sewer service for inspection and monitoring purposes. Access 4. The Master Plan for future development on Outlot A, including internal service drives, dated 9/18/95 and last revised 7/29/96, shall be used to guide development on Outlot A. 5. A cross-easement for the internal service drives as shown on the Master Plan shall be reviewed by City staff prior to filing with the plat. Wetlands 6. No filling or draining of the wetland associated with Pond JP-66 is allowed. Platting 7. The developer shall plat the property 8. To ensure consistency with the Central Area policies, future development on Outlot A shall coordinate with the landscaping, building design and materials proposed for the car wash on Lot 1, Block 1. Trails 9. An 8' concrete sidewalk should be constructed in the trail/sidewalk easement on the east property line along Denmark Avenue. Aye: 4 Nay: 1 (Councilmember Masin opposed) 0 (l_ EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 • PAGE 8 Councilmember Awada moved,Councilmember Hunter seconded a motion to approve a Conditional Use Permit to allow construction of a self-serve car wash on Lot 1, Block 1 Town Centre 70 Nineteenth Addition subject to the following conditions: 1. An irrigation system is required for all landscaped and green areas. 2. All rooftop mechanical equipment shall be screened from view. 3. The City staff will annually review the hours of operation. Aye: 4 Nay: 1 (Councilmember Masin opposed) CONDITIONAL USE PERMIT, SHAW-LUNDQUIST ASSOC. INC. City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Mike Schrader, representing Shaw-Lundquist, addressed the Council and stated there is significant outdoor storage on the McKee Property to the north and Coca-Cola to the west. He submitted photographs of the area. He further stated the two parties are neutral with respect to this proposal. He went on to discuss what is being proposed for outdoor storage. He indicated that representatives of Materials Processing Corporation (MPC) were concerned with the site lines entering their property. He added that this new proposal remedies the concerns with the site lines. Councilmember Awada asked what screening is proposed for the north elevation. Mr. Schrader indicted the north and south will be screened by an eight foot fence and the west will be screened with natural trees. • Councilmember Awada asked about the materials being used for each of the three buildings. Mr. Schrader indicated the materials for the office and the screening wall are similar in nature and they would consist of split face rock/concrete block and the materials for the warehouse will be tilt up pre-cast with a raked finish. Councilmember Awada stated it would be important that the materials be the same and not just similar in nature. Discussion occurred regarding the exterior finish of the building. Mr. Shaw, applicant, addressed the Council and discussed the exterior finish of the buildings. He stated they would not be opposed to using pre-cast panels for the shed area. Councilmember Wachter said he felt the applicant's proposal far exceeded using a chain link fence. Councilmember Awada stated her concern was that the buildings look architecturally complete. Mary Olson, President of Materials Processing Corporation (MPC), addressed the Council and noted that City Code, Chapter 11 states, a conditional use permit (CUP) must be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or the intended character of the general vicinity and that it will not change the essential character of that area nor substantially diminish or impair the property values. She added that storage of all the things they are requesting is not compatible. She further added that the area they want to have for outdoor storage far exceeds what they plan to build. She stated they are concerned with decreased property value. She raised the question of where water ponding will go. Director of Public Works stated that no on-site ponding is being proposed, but he added there will be some on-site storm sewer catch basins. Mrs. Olson said that when they built their facility, they were required to have ponding. Colbert stated the difference was because that requirement is based on the subdivision ordinance and not on conditional use permits or expansion of existing properties. Mrs. Olson asked how many trees were proposed to be removed. She also asked if the site was going to be dropped lower. Mayor Egan noted that there were 19 significant trees proposed to be removed. Councilmember Wachter stated there will be trees on the east side. Councilmember Hunter asked Mrs. Olson what her primary concern was. Mrs. Olson stated the EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996 O2' • PAGE 9 mix of outdoor storage is not compatible. Councilmember Wachter said that if the Council grants a CUP, that would bypass the City Code. Mrs. Olson noted that a CUP has to be requested since construction yard/outdoor storage is not permitted without a CUP. She further noted that the Code states the CUP needs to be designed and constructed so as to be compatible in appearance. Mayor Egan stated that Mrs. Olson did a good job of pointing out her concern with the proposed types of storage. He further stated that 34,000 square feet of outdoor storage being proposed is quite large compared to the 7,000 square foot office building and the 8,000 square foot warehouse. He referred to the last Council meeting where another applicant, who was seeking a CUP for outdoor storage, was turned down by the Council. He stated that Mrs. Olson has shown that the standards for a CUP are that it not be detrimental to or endanger the public health, safety or welfare of the neighborhood or the City and will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and the City Code. He added that the types of outdoor storage being proposed are not consistent with what is there now. Councilmember Wachter said that from the freeway the storage will not be visible, unlike the CUP that was being requested at the last Council meeting. He also said that additional landscaping would screen the storage area from the back. Councilmember Awada stated that she would support the CUP if the wall was extended. Councilmember Masin added that whatever is built on this site would probably require the removal of trees. She said the applicant did a good job of trying to enclose their facility. Councilmember Hunter concurred with Councilmembers Awada and Masin. Mr. Shaw restated that Councilmember Awada had suggested extending the fence to the west property line. He said that they could not afford the additional cost, but added they would be willing to put up a landscape berm on that side. Councilmember Awada asked about the possibility of putting up a wood 411 fence. Discussion occurred regarding the installation of a wood fence. Mr. Shaw said they would be willing to install an eight food wood fence. Councilmember Hunter moved,Councilmember Awada seconded a motion to approve a Conditional Use Permit for Shaw-Lundquist Inc. to allow outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. # 10-22490-020-011) in the NE 1/4 of Section 3 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised landscape plan shall be submitted showing additional landscaping along the south property line to screen the storage area. The CUP shall be continually subject to the following conditions: 1. The building and site shall be properly maintained in a neat and orderly manner with no inoperable machinery or garbage, waste materials or debris stored outdoors. 2. The developer shall construct a storm water basin to control post-development storm water runoff to less than or equal to pre-development rates so as not to overburden the existing storm sewer system. 3. The developer shall install a hydrant near the northeast corner of the proposed building to provide proper hydrant spacing for fire protection to the entire building. • 4. The developer shall be subject to a $7,800.00 cash mitigation for significant tree removal. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996 033 • PAGE 10 5. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forester Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The existing fence in the northwest corner of the property shall be repaired and properly maintained. 8. All rooftop mechanical equipment shall be screened from view. 9. All outdoor storage shall be limited to the construction equipment associated with the business as listed on the revised site plan dated August 6, 1996, and at locations as shown thereon. 10. All outdoor storage shall occur on paved surfaces with curb and gutter. 11. All signage shall meet City Code requirements. 12. No outdoor storage of hazardous waste or fuel shall occur on the property. • 13. An 8 foot wood fence shall be constructed on all sides except the south side shall have a 12 foot raked tilt up panel wall. Aye: 4 Nay: 1 (Mayor Egan opposed) Rudy Olson, MPC, stated that they spent$2 million dollars to build their building and there was no construction equipment in the area. He added they were requesting the applicant build their warehouse bigger to enclose their storage like the other businesses in the area. Mrs. Olson asked for clarification on the motion. Councilmember Hunter said there was to be an eight foot wood fence on every side except the south side and the south side will have a 12 foot raked tilt up panel wall. Mrs. Olson asked if outdoor storage of fuel tanks would be allowed since they would be higher than an eight foot wood fence. Councilmember Wachter stated that the Council would prefer they place them where they will not be objectionable. Councilmember Masin asked Mrs. Olson if she was comfortable with the motion as made. She also asked if the intent of the motion was that nothing show above the fence. Councilmember Hunter said that none of the conditions addressed that issue. Freese stated that the condition the Advisory Planning Commission added regarding the storage of only operable vehicles outside eliminated the opportunity for outdoor storage of the fuel tanks. It was determined that condition 12 of the APC addressed the issue of outdoor storage of fuel tanks. Mrs. Olson asked if the intent of the fence was that nothing show above it. Councilmember Hunter stated that was the intent and asked City Attorney Sheldon if it needed to be added to the motion. Sheldon said the Council had the ability to add the condition. Councilmembers concurred with amending staff condition 9 to include no storage can be higher than 12 feet. Mrs. Olson said that a lot of their storage will be higher than 12 feet. Councilmember Hunter requested that condition 9 be amended to read no outdoor storage of equipment may be higher than 12 feet. Mr. Shaw stated that storage trailers usually exceed more than 12 feet and also stacked cargo containers can exceed 12 feet. Councilmember Hunter further amended 0 • EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 PAGE 11 condition 9 to read no outdoor storage of equipment may be higher than 12 feet, with the exception of trailers and cargo containers. Mayor Egan asked Sheldon if the motion could be amended. Sheldon stated the motion could be amended as long as a vote was taken on it. Councilmember Hunter requested that condition 9 be amended as follows: 9. All outdoor storage shall be limited to the construction equipment associated with the business as listed on the revised site plan dated September 9, 1996, received September 12, 1996, and at locations as shown thereon and shall not be higher than 12 feet, with the exception of trailers and cargo containers. Roll call was taken on the amended motion: Aye: 4 Nay: 1 (Mayor Egan opposed) ORDINANCE AMENDING CHAPTER 2, SECTION 2.11 OF THE CITY CODE SALARIES OF MAYOR AND COUNCILMEMBERS City Administrator Hedges gave an overview on this item. Councilmember Wachter stated that staff was requested to gather information and they discovered that other cities had salaries in excess of the Eagan City Council and also had less population. He further added that the Mayor's obligations are great, given the many meetings he attends as Mayor. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an ordinance amending Chapter 2, Section 2.11 of the City Code regarding salaries of Mayor and Councilmembers that would increase the annual mayor's salary by$500 to$9,500 and the annual Council's • salary from $6,480 to $6,880. Aye: 5 Nay: 0 Councilmember Hunter noted that this increase amounts to less than the rate of inflation and he also noted that Eagan is the largest community in Dakota County and even with this increase, the Council is still one of the lowest paid per capita in the State. DAKOTA COUNTY 5-YEAR CAPITAL IMPROVEMENT PROGRAM (1997-2001) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan asked about the up-front costs the County invests in these projects. Colbert stated they spend a considerable amount of time on pre-design of the projects, surveying, defining easements and holding open houses for residents. Councilmember Hunter stated that if the City decided not to go ahead with the projects, the City would still be responsible for all costs incurred if the project is not approved for the year programmed in an approved CIP. He added that this would be reasonable. Councilmember Awada stated that the reason some of the projects fail is because the design is overbuilt. She added the County does not compromise their standards. Colbert stated that he does not feel the County is trying to be vindictive to the City. He further stated that the County receives demands from many communities in Dakota County for roadway improvements and they have limited resources. He added that the County said it is disheartening when they put a lot of effort into a project that was programmed and then it gets denied at the local level. He further added that the County is looking for a strong commitment from the local municipality that a project is needed. Mayor Egan noted that the purpose of holding a public hearing is to receive public input and to determine whether a project is feasible. He added that many issues are unknown until a certain design stage is reached. Councilmember Hunter asked if the concept of a two-step approach had been discussed where a more preliminary design is done and then a public hearing would be held to approve the concept first. • Colbert stated that has been discussed at the open house stage and residents ask how they will be affected. He added that the response is they have not reached the level of design to tell them how it will • EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 • PAGE 12 impact them and then the residents get upset. He further added they have evolved to try and design the project to a certain level of specificity, but then the resources allocated to it are almost down to final design. He stated they could go back to presenting a standard County concept design at the public hearing, but he asked at what point the Council would want to approve the project. Councilmember Hunter stated the County is more flexible than the State. Discussion occurred regarding the County's flexibility and their timeline for projects. Councilmember Wachter stated that the Council requested Cliff Road (ChesMar to Lexington) be deferred two years. He asked why the County was proposing this project be completed in the future and not in two years. Colbert noted the projects will be considered in the future unless the City enters into these agreements, then they will program it for the year requested. Colbert indicated the City Council has the opportunity to provide a strong response to the County if they do not feel this agreement is appropriate. Councilmember Awada stated the Council tries to prepare residents who are affected by these projects. Colbert noted that through the process, City staff works with County staff to modify their standard design before the public hearing stage. He asked if staff should continue to work with them privately or if they should bring their initial design to the public and the Council to work out modifications. Councilmember Wachter said that staff is doing what the Council wants them to do. Councilmember Masin asked for clarification on signals proposed for Pilot Knob © Highsite and also for Lexington © Duckwood and why the current CIP and City request are for 1997 and the County's response is sometime in the future. Colbert replied that the County said it does not meet warrants and is lower on the priority list. Councilmember Wachter stated that he thinks the City should go ahead with the roadway improvement at Cliff Road (ChesMar to Lexington) in 1998. Mayor Egan stated he would like to • maintain the status quo. Councilmember Hunter concurred with maintaining the status quo, but going ahead with the improvement at Cliff Road. Councilmember Masin added that the problem has been that there is no consensus between the County and the City. Colbert said the CIP will be formally presented to the County Board in November. Councilmembers stated they agreed with numbers 2, 3, 4 and 5 of the County's response, but wanted to move roadway improvement of Cliff Road (ChesMar to Lexington) and Yankee Doodle into Inver Grove Heights to 1998. °71,1 10,4;411$'4, 7ri r,rr d,/ •0 ," . .40■ Mayor Egan discussed a meeting he had with City Administrator Hedges, Assistant to the City Administrator Hohenstein, Mayor Mertensotto of Mendota Heights and Bill Barnhardt representing the City of Minneapolis to try and come up with proposals for noise mitigation to present to the Metropolitan Airports Commission. He also discussed the subsequent meeting held on September 11 with the mayors and representatives of the Metropolitan Council and the Metropolitan Airports Commission. Bea Blomquist commented on the CIP. She said that she has been talking to staff at the County and also to Councilmember Wachter about the relationship between the County and the City of Eagan. She stated she has heard the City may not get their fare share of funding from the County because the City is difficult to deal with. She added that the City needs to start to work cooperatively with Dakota County. Councilmember Hunter moved, Councilmember Awada seconded a motion to set a Special Council • meeting for October 1, 1996 at 5:00 p.m. to hold a joint meeting with the Airport Relations Committee. • 06Z:72 EAGAN CITY COUNCIL MEETING MINUTES;SEPTEMBER 17, 1996 • PAGE 13 Councilmember Wachter stated he was concerned that the park bond referendum failed. He added that it is important the Council work together on issues rather than having separate agendas. He further added that he received comments regarding Mayor Egan's comment in the paper stating the park bond issue possibly be readdressed. He asked about the central park concept. He referenced a letter submitted by Michael Vincent, member of the APRNRC, which stated that the park department staff has had a noticeably higher workload. He said that many of the parks and balifields are crowded, but he stated that he feels many residents from other communities utilize the parks system in Eagan. Councilmember Masin added that many of the Eagan youth utilize parks in other communities as well. Councilmember Hunter said there should be more control regarding participation in certain programs, i.e., softball. He stated that he does not feel the bond referendum failed because there were 20 candidate sites vs. 10 definitive sites. He further stated people are concerned about taxes and that is probably the reason the referendum failed. He added that the central park task force should move ahead and meet a couple of times to explore whether Unisys and/or Northwest Airlines would be willing to participate. Councilmember Wachter said that he attended a History Society Committee meeting and on Saturday at 1:00 there will be an old town meeting held in conjunction with Lone Oak Days. Mayor Egan clarified that what he meant by his response in the newspaper pertaining to the park bond referendum is that discussion should occur regarding intentions for future park needs. He added that the way the bond referendum was structured was flawed and also $3.8 million dollars may be too much for the taxpayers to support now. He referenced the Community Survey that indicated 70% of the constituents want to maintain open space as a predominant use of the remaining 20% of the City of Eagan's land. Councilmember Wachter stated that the public should have been informed about how much • open space currently exists in the City. Councilmember Masin said that the bid was let for the new parking deck at the Minnesota Valley Transit station in Burnsville. She mentioned that she attended the Dakota County League of Governments meeting last week. She referenced the Minnesota Election '96 information received from the League of Minnesota Cities and stated it suggests inviting legislators to local municipalities. She asked if the second Eagan forum should be held in October or in mid-November. Councilmember Awada added that the challengers need to be invited as well. It was decided by the Council to hold a public forum sometime in November after the election. Councilmember Hunter requested the Open Issues List be distributed at every regular Council meeting. He asked about the request that the word slow be put on 42 playground signs. Colbert clarified that it would cost $600 for all locations. Councilmembers concurred this should be placed on a future Council agenda. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated September 12, 1996 in the amount of$2,725,582.55. Aye: 5 Nay: 0 The meeting adjourned at 10:00 p.m. MLK EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996 • PAGE 14 September 17, 1996 Date City Clerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. •