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10/01/1996 - City Council Regular 06: 'x • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 1, 1996 A regular meeting of the Eagan City Council was held on Tuesday, October 1, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Masin and Hunter. Councilmember Awada arrived at 6:45 p.m. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. oo City Administrator Hedges said that Item H of the Consent Agenda should be removed and considered with the approval of the September 17 Regular City Council meeting minutes. Councilmember Hunter moved, Councilmember Wachter seconded a motion to adopt the agenda as modified. Aye:�j�j,4�� Nay: 0 t Councilmember Masin noted a typographical correction on page 2, the second paragraph under Wescott Square Housing Unit, the word cities should be changed to City. Councilmember Wachter moved,Councilmember Hunter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 S 0, T{ T/ ' r;4 : Councilmember Hunter moved,Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 Councilmember Masin requested on page 2, the first paragraph under certification of property tax levy should state, "City Councilmember Masin asked how the MVTA transit levy would be presented with the Truth-in-Taxation statements." Councilmember Hunter moved,Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 •••'4' ■:'' ai-.�/-• Mayor Egan moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 Councilmember Awada arrived at 6:45 p.m. Councilmember Masin requested on page 13,the 4th paragraph, the following sentence should be inserted, "She asked if the second Eagan forum should be held in October or in mid-November." • 0 X4.3 EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 PAGE 2 Item H of the Consent Agenda, Clarification. Shaw-Lundquist conditional use permit, was considered with the approval of these minutes. Mary Olson, President of Materials Processing Corporation, addressed the Council and stated she had met with City staff to clarify the change proposed regarding the arrangement of outdoor storage. She added that she had sent a letter requesting clarification to the motion that was passed by the Council and whether it was in violation of the City Code. She further added that she is concerned about impairment of their property value. She noted that she has talked with three realtors who have expertise in regard to the property in the Eagandale Industrial Park. She went on to say that a conditional use permit states the use should not impair the property value. She said that the realtors told her the proposed use would have an impact on their property value. She discussed the City Code which states that a CUP for outdoor storage must conform to standards. She pointed out that one of the standards states the items to be stored shall not exceed the height of the enclosure. She also pointed out that any violations of City Code provisions shall be cause for the termination of the CUP. She referenced condition 9, which was approved at the September 17, 1996 City Council, and stated outdoor storage may not be higher than 12 feet, with the exception of trailers and cargo containers. She said the general provisions and the application of the City Code states, where conditions imposed by any provision of this chapter, are either more restrictive or less restrictive than comparable conditions imposed by any other law, city code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. No structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter. She added that two-thirds of the enclosure is 8 feet high and the other one-third is 12 feet high. She further added that the Code states storage can not exceed the height of the enclosure. S Councilmember Wachter asked whether the City Code would supersede Council's direction or vice versa. Sheldon said they are both applicable. He said the issue to be clarified was staffs interpretation of the proposed location of the storage on the site plan. He noted that the issue Mrs. Olson brought forward pertained to ordinance interpretation. Councilmember Hunter mentioned the Council was being asked to clarify what was approved at the last Council meeting. Councilmember Wachter added that when he voted on this item, he was under the impression that the applicant was going to put the higher equipment along the south wall. Sheldon reiterated that the issue to be clarified is what site plan is appropriate. Mrs. Olson stated that the intent and the purpose of the zoning codes is to define the powers and the duties of the administrative offices and bodies thereof. She added that when a CUP is approved, it must follow the guidelines, otherwise a public hearing must be held to grant a variance. Senior Planner Ridley clarified the difference between the three site plans. Councilmember Hunter stated that if the site plan dated September 25 had been submitted at the last Council meeting, it might have influenced his vote. City Administrator Hedges added that if Shaw Lundquist did not want the type of outdoor storage the Council approved at the last meeting, they could submit another application. Mr. Shaw, applicant representing Shaw-Lundquist, addressed the Council and said they had agreed to put up a 12 foot high wall with a roof system on the south side of their property to reduce any site lines Materials Processing Corporation would have. He further said that with the installation of that wall, they had the understanding they would be able to use the area under the roof for storage purposes. He stated that the area along the south property line was initially proposed for future parking, if and when future expansion of the building occurred, but with the addition of the 12 foot wall, additional parking is now proposed for the rear of the site. Councilmembers concurred that they had agreed the applicant could use the area under the roof for storage. Mayor Egan asked City Attorney Sheldon to clarify if the height of the stored materials could exceed the enclosure. Sheldon stated that if the items to be stored will exceed 12 feet, it would be appropriate for • the applicant to request a variance. Councilmember Hunter said that the Council would not need to take any different action because it is clear that the ordinance is in conflict with the conditions that were EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 `?�:t.*?,^`°� • _Y _y ^a PAGE 3 approved and therefore, the most restrictive regulations would prevail and it would take a variance to get anything less restrictive. Sheldon said that if the applicant wanted to store anything higher than 12 feet, the Code would require them to go through the variance process. Mayor Egan asked if the CUP approval is subject to the approval of a variance. Sheldon stated that CUP was approved for storage up to 12 feet. Mayor Egan said that the applicant would have to request a variance if they wanted to store anything that would exceed 12 feet. Councilmember Hunter moved,Councilmember Wachter seconded a motion to approve the minutes modifying page 11, condition 9, to read, "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. Mr. Shaw stated that when they appeared before the Council at the last meeting, they indicated they needed to know if their request was going to be approved or denied because they were in a contractual obligation to purchase the land. He added that they acted in good faith upon the Council's approval of their request and now they are under contract to purchase the land and he feels the issue regarding the enclosure has already been addressed. A vote was taken on the motion: Aye: 5 Nay: 0 • Patrick Dill, 1413 Kings Wood Road, appeared before the Council and stated a group has been formed called the Eagan Citizens for Responsible Development, and about 600 people have signed a petition in regard to the Pulte development proposed for the Bieter property. He noted they are concerned with the proposed development. Bill Laramy, 1578 Murphy Parkway, addressed the Council and said that the survey conducted by the Wallace Group indicated there were too many townhouses and apartments in the City of Eagan. He stated the Pulte development is proposed to contain only 17% of single family homes and the rest will be townhouses, apartments and clubhomes. He added that they are concerned with the loss of the trees and the development of more townhouses and apartments. He further added they are concerned with storm drainage into Blackhawk Lake. He summarized his concerns by saying they are not opposed to the area being developed, but rather the low quality and over production of townhouses, apartments and quad- homes. Frank Weingart, 4044 Deerwood Place, addressed the Council and stated that many of the residents in the Deerwood development are also concerned with overdevelopment and increased traffic. Councilmember Hunter stated that he and Councilmember Masin had met with approximately 40 people from the neighborhood and heard many of their concerns. He further stated that one of their concerns was in regard to legality and the rights of the applicant. He added that the City Attorney has prepared a memo in response to that question and he requested the memo be forwarded to Mr. Dill. He asked under what circumstances the City could legally deny a rezoning request that is in conformance with the underlying Comprehensive Guide Plan and how has this determination changed over the last two years, if it has, with the new regulations that have come from the state legislature. He said that it has been his understanding that the burden of proof to do a Comprehensive Guide Plan change is the responsibility of the applicant and the burden of proof why a rezoning in conformance with the Comprehensive Guide Plan should be denied is the responsibility of the Council. He requested the City Attorney prepare memos clarifying his two questions. Councilmember Wachter requested the memos be forwarded to all of the P EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 , , . PAGE 4 Councilmembers. There was no Department Head business. In regard to Item E, Re-programming of Funds for Blackhawk Lake landing upgrade, Councilmember Masin asked if Blackhawk Lake would be in as bad shape if it were not part of the storm sewer system and if it would help the lake by taking it out of the storm sewer system. Councilmember Hunter answered that no it would not be in bad shape if it were not part of the storm sewer system and it would help the lake by removing it from the storm sewer system, but he added that cost would be a factor. Councilmember Masin stated she would vote for this item, but said this item brings up the broader issue that a lot of money is spent to clean up the lakes and efforts should be made to stop the storm water from entering the lakes. City Administrator Hedges stated he would talk to Rich Brasch and include a memo with the Informative Memo in response to Councilmember Masin's question. A. Personnel Items Item 1. It was recommended to approve the hiring of Kathleen Kamm as a full time Receptionist/Clerical Technician II in the Finance Department. SItem 2. It was recommended to approve the hiring of Kathleen Johnson as a seasonal park attendant. Item 3. It was recommended to approve the hiring of Bruce Barry and David Schomburg as seasonal basketball scorekeepers. Item 4. It was recommended to approve the hiring of Robert Ottman and Todd Intihar as seasonal Civic Arena Supervisors for the Civic Arena. Item 5. It was recommended to approve the hiring of Chelsea Krouch as a seasonal part-time concession worker in the Civic Arena. Item 6. It was recommended to approve the hiring of Renee Sorenson as seasonal part-time head pro for the skating program at the Civic Arena. Item 7. It was recommended to approve the hiring of Jeffrey Hill, Jonathan Herseth, Christina Vadis, Krisann Herseth and Allison Kending as part-time seasonal skating instructors for the Eagan Civic Arena. B. Proclamation. Proclaiming October 14-18. 1996 as Minnesota Manufacturer's Week. It was 96.85 recommended to proclaim October 14-18, 1996 to be Minnesota Manufacturer's Week in the City of Eagan. C. Request for public hearing - certification of delinquent utilities_ - November 4. 1996. It was recommended to schedule a public hearing for November 4, 1996 to consider certification of delinquent utility balances to Dakota County for collection with property taxes. D. Recommendation. Airport Relations Commission. support for continuation and expansion of Airport Communities Revitalization and Stabilization Program. It was recommended to approve a recommendation by the Airport Relations Commission that the City support a continuation and expansion of the Airport Communities Revitalization and Stabilization Program. tir 3 • EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 PAGE 5 E. Re-programming of Funds for Blackhawk Lake landing upgrade. It was recommended to re-program $14,000 in Department 64 (storm water management program) expansion/modification funds for FY 1996 to finance upgrading of landings at Blackhawk Lake. F. Final Subdivision(BlackhawkAcres 4th Addition)JMS Development Corporation. It was recommended 96.86 to approve a Final Subdivision for the Black Hawk Acres 4th Addition subdivision located south of Robin Lane and west of Blackhawk Road. G. final Subdivision (Fiala Addition)Thomas Fiala. (This item was continued to the October 15, 1996 City Council meeting.) H. Clarification. Sh-w-Lundquist conditional use permit, (This item was considered with the approval of the September 17, 1996 Regular City Council meeting minutes.) I. Election Judges. for November 5. 1996 election. It was recommended to approve the election judges for the November 5, 1996 election as attached in Exhibit A. J. Project 636R. Receive final assessment roll/schedule public hearing (Poppler Lane - Streets). It was recommended to receive the final assessment roll for Project 636R (Poppler Lane-Streets) and schedule a public hearing to be held on November 4, 1996. K. Contract 95A. Acknowledge completion/authorize City maintenance (Eagandale Center Ind. Park 11th Add. - Ponding & Utilities). It was recommended to acknowledge the completion of Contract 95-A • (Eagandale Center Industrial Park 11th Addition - Ponding & Utilities) and authorize perpetual City maintenance subject to warranty provisions of the development contract agreement. L. Contract 96-15.Approve change order#1 (Meadowview Rd. -Utilities). It was recommended to approve Change Order No. 1 to Contract 96-15 (Meadowview Road - Utilities) and authorize the Mayor and City Clerk to execute all related documents. M. Resolution. Accepting donation of land from McLeans for park purposes. It was recommended to 96.87 accept the donation of 1.8 acres of land for inclusion into Mueller Farm Park from Robert and Terri McLean. N. Hauler License Application.construction/demolition debris. Keith Krupenny&Son Disposal Service. Inc. It was recommended to approve a hauler license for construction and demolition debris for Keith Krupenny & Son Disposal Service as presented. 96.88 O. Resolution. Declaring October as Water Resources Awareness Month, It was recommended to approve a resolution designating October as Water Resources Awareness month, to be celebrated in cooperation with Dakota County. P. Project 711. Receive request/authorize plans & specifications (Denmark Ave./T.C. 70 - Sidewalk). It was recommended to receive the request from the developer of the Town Centre 70- 19th Addition for the installation of a public improvement sidewalk and authorize the preparation of detailed plans and specifications. Q. Advertise for bids for pumper/telesquirt combination. It was recommended to authorize the replacement of the Fire Department's 1974 pumper truck with a triple combination pumper/telesquirt vehicle and to authorize the preparation of specifications for bid. R. Authorize S bmittal. Dakota County Landfill Abatement Grant Application. It was recommended to EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 d.',a„a PAGE 6 s 1 44,4:; authorize submittal of the 1997 Dakota County Landfill Abatement Grant as presented. S. resolution. Redesignating Municipal State Aid Street #126 (Neil Armstrong Blvd.) (This item was continued for discussion under the Administrative Agenda.) Councilmember Wachter moved,Councilmember Hunter seconded a motion to approve the consent agenda. Councilmember Masin said that 52 Burnsville students were approved as election judges and many more had also showed interest in serving as election judges. A vote was taken on the motion: Aye: 5 Nay: 0 CONDITIONAL USE PERMIT- RICHFIELD BLACKTOP COMPANY City Administrator Hedges gave an overview on this item. City Attorney Sheldon discussed the legal process relating to this item. He stated if the Council issues an amended or new conditional use permit (CUP) and the applicant is in compliance, then there is no need for a public hearing. He further stated if the Council does not issue an amended or new CUP, the applicant will be advised that they must immediately come into compliance or the Council will set a hearing regarding the revocation of the existing CUP. John J. Todd, attorney representing the Millers and the Greens, addressed the Council and stated his clients' property is the only property located within 300 feet of Richfield Blacktop, which is violating certain conditions of their CUP. He went on to discuss the violations of the CUP. He added that the commercial operation associated with loading and unloading landscape material is the main problem. He said that the time to monitor the noise levels would have been in July or August. He added they are requesting the Code be enforced in regard to the current violations of the CUP. Mayor Egan asked City Attorney Sheldon what procedures can be taken to deal with non- compliance during the interim period. Sheldon stated that the non-complying issues are physical and not operational and the appropriate forum to discuss the action to be taken is at the public hearing for revocation of a CUP. He explained it is important for the Council to follow due process. Councilmember Hunter agreed that the arguments for and against the CUP should be heard at the public hearing. Councilmember Awada asked if the new application for a CUP is turned down, how much time would the applicant have to comply before a public hearing could be set. Sheldon said that if the applicant is turned down for a new CUP, they must immediately comply with the existing CUP. He added that the date for a public hearing could be set the same night the Council determines whether or not to issue a new CUP. He suggested holding the public hearing approximately 30 days from the date the Council sets the public hearing to allow for compliance and allow each side to prepare their arguments. Sheldon stated that the City cannot enforce the request until after the public hearing is held in regard to the CUP. Mr. Todd reiterated that enforcement of the current CUP should occur now and loading and unloading of bins should not continue to occur. Mayor Egan stated he would support that request. Councilmember Hunter asked what would need to be done in order to limit the loading of the bins at Richfield Blacktop. He further asked how revocation of part of the CUP could be done without revoking • other parts of the CUP and holding a public hearing. • EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 + aa PAGE 7 Councilmember Wachter moved, Councilmember Hunter seconded a motion to receive the compliance report concerning the conditional use permit for Johnson's Richfield Blacktop at 3206 Sibley Memorial Highway and approve direction of the revised conditional use permit application to be heard at the October 22 Advisory Planning Commission meeting. Aye: 5 Nay: 0 FOUR SHEET ICE ARENA -WESTERN DAKOTA COUNTY ICE CENTER ORGANIZATION City Administrator Hedges gave an overview on this item. Bruce Bechtle, President of the Eagan Hockey Association, addressed the Council and stated they are concerned that there will not be Mighty Ducks funding available next year. He said they are requesting the Council submit the application for the Mighty Ducks funding and work out the funding issues later. Kirk Detlefsen, representing the Western Dakota Ice Center Task Force,addressed the Council and said the group he is representing is made up of wester Dakota County hockey associations. He added that the hockey associations have presented the concept of partnership with several cities participating in the construction of an ice arena. He further added that four sheets of ice under one roof would be more economical to operate. He referenced the Springsted report that indicates there is a need for more ice hours in Dakota County. Councilmember Awada asked if the City would be required to pay $500,000 under this proposal. Mr. Detlefsen said that each City would be required to pay $500,000 for each arena. Councilmember Awada stated that the City does not have the money to contribute and she added that they would prefer S to have a second sheet of ice instead of participate in a four-plex. Councilmember Hunter noted that the main reason the Council did not go ahead with applying for the Mighty Ducks Grant at the last meeting was because statements were made that Mighty Ducks funding would be available in 1997. He asked what had changed in the last two weeks that it now appears funding will not be available in 1997. Mr. Detlefsen stated that legislation will be introduced next year for additional funding. He said he is not confident that it will be approved again next year. Mayor Egan clarified that at the last meeting, Paul Dahlgren from ACC Architects stated that if the City proceeded with submitting the grant application and received the money and then chose not to use it, it would be unlikely that they would receive any grant money the following year. He added that he had learned from Director of Parks and Recreation Vraa that it is not likely that funding will be re-implemented next year. Councilmember Wachter stated that he did not know where the financing would come from for the second sheet of ice. He also stated that he has heard comments from people regarding the failure of the park bond referendum and they have also mentioned the fact that funding was provided for the first ice arena without their approval. He noted that there was a lot of merit in the fact that if the Council did not utilize the grant money, the City may not be eligible to receive grant money next year and he felt that the legislature may approve more funding for next year. He further noted that there is no money available for the City to contribute now, regardless if the grant money is received or not. Councilmember Awada concurred. Councilmember Hunter asked how the Council would feel if the gap in financing was provided by the Hockey Association or another organization so that there would be no public money spent. Mr. Bechtle stated that Hockey Association is more than willing to purchase up to 1,500 hours of ice time to cover the debt service on a new rink. He said there are other ways to obtain financing, and he added that submitting the grant application does not obligate the City in any way. Councilmember Hunter stated that the only request being made is to give approval to submit the grant application and the other financing would need to come from other sources rather than the City. Mr. Bechtle noted that the Hockey Association is willing to look at any opportunities to help support the second sheet, but all they are requesting at this point is for the Council to submit the grant application. }�S'�•r�*5 'lJ ..�`Y`O+Y EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 • PAGE 8 Councilmember Masin asked if the Hockey Association is willing to take the risk that the City may be turned down for funding in the future if the grant money is awarded and not used at this time. Mr. Bechtle stated that they are willing to take that chance. Mayor Egan added that if the Council approves the grant application, it means that the project will not be funded by providing any public financing for the debt service. He further added that he is willing to keep the options open by approving the submittal of the grant application. Councilmember Wachter asked if all the people who pledged for the first ice arena had submitted their money. Mr. Bechtle stated that to the best of his knowledge they had. Councilmember Wachter said that a number of them have not submitted their pledges. He added that the message he received as a result of the failure of the last bond referendum is that people are still concerned with the way the first ice arena was dealt handled. Councilmember Masin asked how much more money the City would have to incur with regard to the submittal of the grant application. Hedges stated there would be no additional cost associated with the submittal of the application. Councilmember Wachter reiterated that the Fire Department and ambulance station also have needs and they should be placed ahead of this request. He added the Council would be giving the Hockey Association the false hope that if they receive the grant money, the City might contribute more funding. Councilmember Hunter stated he is only supporting this request with the understanding that no public dollars will go toward the second sheet of ice and the entire gap needs to be financed through fundraising efforts by some committee. Mayor Egan agreed. Councilmember Awada said she would be voting against this item since there is no plan in place. Councilmember Hunter moved, Councilmember Masin seconded a motion to continue with the Mighty Ducks application for a second sheet of ice with the understanding that no public dollars be expended and the entire gap needs to be financed through private fundraising efforts. Aye: 3 Nay: 2 (Councilmembers Wachter and Awada opposed) Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a resolution to participate in a joint powers agreement with other Dakota County participating cities for the purpose of seeking a grant from the Mighty Ducks Capital Bonding Fund to build a four sheet ice arena for the sports of ice hockey, figure skating, ice ringette, roller hockey, indoor soccer and public ice skating. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT- EZ AIR PARK City Administrator Hedges gave an overview on this item. Hedges noted that the applicant had submitted a letter requesting this item be continued to the October 15 City Council meeting; however, the applicant and the Council realized that residents would be in attendance regarding this issue. He further noted that the main reason the applicant requested a continuance was to work on issues surrounding one of the conditions imposed by the APC. Mayor Egan asked, by a show of hands, who was in attendance for this particular item. Seeing a large number of people were present regarding the item, Mayor Egan felt it would be appropriate to go forward with the process. Senior Planner Ridley gave a staff report. Chuck Knowlan, applicant, addressed the Council and stated the reason for the late request for continuance was because of the additional condition of screening approved by the APC. He further stated that he only found out about the condition on Friday, since he was out of town. Ted Sternberg, 1065 Kenneth, addressed the Council and said he feels the propane tank poses Sa fire hazard. He added that he is also concerned with commercial vehicles being parked on the property because of the potential that they will carry unknown, and possibly, dangerous items. He further added 0 � 1-) EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 • PAGE 9 that the applicant has only installed a security fence and not the privacy fence that was promised. Mayor Egan asked Senior Planner Ridley what the applicant would have to do in order to bring the landscaping plan into compliance. Ridley stated they would need to install a six foot wood privacy fence along the property line adjacent to the residential district and the 20 feet will also provide an area for landscaping to add additional plant material that over time would grow to exceed that six foot fence height and further screen the storage area. Councilmember Awada asked for clarification as to what commercial vehicles implies. Ridley stated the intent was to limit storage of commercial vehicles to include only limousines. Teri Brown, 1070 Kenneth Street, addressed the Council and said she was part of a team that spoke to the neighbors and received 85 signatures on a petition stating that the residents are afraid of the propane tank. She suggested the applicant obtain propane for the buses at other locations that already have propane tanks. She added that it is hard to trust the applicant because they are asking for a permit to park RV's, boats and trailers, but they are already parking those items on the site and they have also made promises to the neighborhood that they have not kept. She stated that the propane tank poses both a fire and safety hazard. Councilmember Hunter asked for clarification where the propane tank is to be located. Ridley stated that EZ Air Park will be submitting a revised plan for the location, but he noted the APC direction was to put the tank on the eastern property line as far from the residential structures as possible. Discussion occurred regarding the FHA not issuing occupancy permits for homes in an area of Eagan where there was another propane tank until the tank was moved. Discussion continued regarding the placement of the tank on the site. Kurt Callaster, Manager of the EZ Air Park, addressed the Council and stated the propane tank was proposed to be 600 feet from the property line closest to the residential area. Discussion occurred regarding the FHA's guidelines pertaining to a safe distance for propane tanks from residential areas. Councilmember Awada stated that she thought the requirement was much less than 600 feet. Ridley said that it was probably about 200 feet. Dave Sanford, 1046 Beatrice Street, addressed the Council at length and stated he was concerned with leaks from the tank. He said the tank poses a safety hazard. He further added that placing a propane tank on the site for the sake of convenience is not appropriate. Daniel Meyer, a representative of Thermogas Company, addressed the Council and stated they transport propane under strict codes and regulations. He added the installation of the propane tank is for more than just a convenience for the company. He further added that the applicant is trying this alternative source of fuel in regard to the Clean Air Act of 1990. He noted that the propane powered vehicles the applicant would have in operation would be installed according to codes and regulations. Councilmember Awada asked Mr. Meyer about the required distance a propane tank must be from a residential area. Mr. Meyer stated a tank would have to be from 25 to 100 feet from a residential area depending on the size of the tank. Councilmember Wachter stated the reason there is opposition to the tank is that people are not accustomed to the use of propane. He added that the rationale for using propane is because it is more economical. He further added that if the applicant is only trying this on a trial basis, he could go to a gas station to purchase propane until he decides to continue using propane on a regular basis. Mr. Meyer stated that Thermogas is going to give the applicant a better price than he would pay for retail propane. Councilmember Wachter reiterated that because this is a new use, people are reluctant to use it. Mr. Meyer mentioned that their corporation will deal with all the safety factors. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 0 • PAGE 10 Ms. Brown referenced newspaper articles she submitted to members of the APC regarding a fire that occurred in West St. Paul in the 1970's. Mr. Knowlan addressed the Council and stated they have operated on the site for the past 11 years and they have been a good neighbor. He discussed the screening that was supposed to be addressed at the time of the expansion. He added they provide a benefit to the community. He stated the reason the RV vehicles have been parked on the site was because they were operating on the basis that they had been given permission in the original CUP. He further stated they only park recreational vehicles and limousines on their lot and not any other types of commercial vehicles. He mentioned the reason the company is converting two vehicles to propane on a test basis is to help the environment and not just for economic reasons. He said what is most important to him is to resolve the issue with the additional condition the APC attached to his CUP. Mayor Egan said he understood Mr. Knowlan's frustration, but added the Council needs to listen to the concerns of the residents as well. Councilmember Wachter stated he remembered when there was a lot of opposition to natural gas when it came to the area. He added that when people understood the rationale and the economics of natural gas, the opposition subsided. Councilmember Awada added the reason the tank was placed in the far corner was to keep it as far from the residential area as possible. She asked for clarification on what screening is required. Mr. Knowlan stated the concerns that neighbors had at the APC meeting were with the propane tank and not the screening. Ridley added that when staff reviewed the file on this property, it was not clear that the outdoor storage had been approved, other than the airport parking. He further added the issue of the setback that exists today, compared to what would be required by Code now, is not unusual since not every detail was attended to in the 1980's when development was occurring rapidly. He suggested working with Mr. Knowlan to try to reconstruct what occurred in 1984 and 1986 when their use was expanded. He clarified that the fence was added in the condition for the purpose of screening. Mr. Knowlan said there is a 70 foot park by their site that they supplied the landscaping for as requested of them. He said it would be very cost-prohibitive to comply with the condition approved by the APC. Discussion occurred regarding the landscaping. Mr. Stemberg asked for clarification on the parking of commercial vehicles on their site near his property. Mayor Egan clarified that only the vehicles that have been on the site for the past few years will be allowed and no other commercial vehicles. Discussion took place pertaining to the panhandle of the property and setbacks. Mayor Egan asked if the applicant's use up to this point had been a permitted non-conforming use on the panhandle of the property and if he would have to meet the current setback criteria for this portion of this property. City Attorney Sheldon stated that since the property is zoned Planned Development and has been operating it on that basis, he originally had to get a permit and landscaping approval from the City. He further stated that the existing facility had to meet the Planned Development requirements. Mayor Egan asked about the installation of the privacy fence along the southern border of the panhandle. Mr. Knowlan stated he would need to evaluate the cost since that is a lengthy run along the border. He further stated there are only about four homes that are exposed to the site. Councilmember Awada said she thinks it would be going overboard to require the applicant to install a privacy fence on the east side of the property, but feels it would be reasonable to require more along the south. Mayor Egan concurred. Mr. Knowlan asked for the opportunity to work with staff in relation to the homes that are exposed to the lot. Councilmember Wachter added that he has no objection to the propane tank. Councilmember Masin said she felt it would not be appropriate for the Council to grant the CUP if the neighbors are opposed. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a • Conditional Use Permit for EZ Air Park for outdoor storage to allow a 1,000 gallon propane tank on property located at 2804 Lexington Avenue subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 `' • PAGE 11 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A site plan shall be submitted to the City for approval by staff showing the location of the propane tank along the east property line of the site. 3. A landscape plan shall be submitted to the City for approval showing additional landscaping and maintenance of existing landscaping along the west and east property lines adjacent to the residential district. 4. A lighting plan should be provided showing existing and proposed lighting on the site. The Conditional Use Permit shall be continually subject to the following conditions: 1. Limousines for commercial services and recreational vehicles and trailers parked on the site shall be limited to a maximum of two axles. 2. The property shall be properly maintained. 3. No unlicensed or inoperable vehicles may be parked on the site. 4. Commercial and recreational vehicles shall be parked only within the designated paved surfaces as indicated on the site plan dated August 21, 1996. 5. No persons may live in or occupy vehicles parked at the site. 6. No maintenance work may be performed at any time on vehicles parked on the lot. 7. No outdoor storage of hazardous materials or fuel may be stored on the site unless otherwise approved by the City. 8. Protective barriers shall be placed every three feet around the propane tank and dispenser. 9. The applicant shall work with staff on screening along the property line adjacent to the residential district to the south of the proposed site by June 1, 1997. 10. The applicant shall work with staff on required planting and maintenance of landscaping to be completed by June 1, 1997. Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit for outdoor storage to allow recreational and commercial vehicles on the property located at 2804 Lexington Avenue subject to the same conditions as listed above: Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT- LIFETIME FITNESS • City Administrator Hedges gave a brief overview on this item. Senior Planner Ridley gave a staff report. Mark Zaebst, applicant, addressed the Council and discussed the shortage of parking. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 PAGE 12 Councilmember Hunter said that even though the crosswalk does not meet warrants, there is a specific attractor at this location and he would like to see the condition relating to the crosswalk included with approval of the Planned Development Amendment. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment to allow a parking lot as a principal use located on Lot 2, Block 1, Thomas Lake Center located on the southwest corner of Thomas Lake Road and Thomas Center Drive subject to the following conditions: 1. The use granted herein is solely for the benefit of Lot 1, Block 1, Safari at Eagan 2nd Addition for the off-street parking of passenger vehicles. 2. The applicant shall record the Planned Development Amendment at the Dakota County Recorders Office within 60 days of approval. 3. The Planned Development Amendment shall terminate upon the termination of the principal use (health club) on Lot 1, Block 1, Safari at Eagan 2nd Addition. 4. The applicant shall submit a landscape and lighting plan for the subject property for staff review and approval prior to final planned development approval. 5. The pedestrian crosswalk across Thomas Center Drive shall be constructed in accordance with the City Pedestrian Crosswalk Policy. Aye: 5 Nay: 0 City Administrator Hedges acknowledged Planner Shannon Tyree for her efforts in working with the neighborhood residents who reside near Lifetime Fitness. CONDITIONAL USE PERMIT-SBA, INC. City Administrator Hedges gave a brief overview on this item. Senior Planner Ridley gave a staff report. Matthew Danielson, representing SBA, addressed the Council and discussed the location of the communication towers. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit for SBA, Inc. to allow a 100 foot communication tower and a 288 SF equipment building to house radio, computer, and climate control equipment on a portion of the parcel P.I.D. #10- 03600-010-57 on the west side of Highway 3 in southeastern Eagan just north of Rosemount VFW 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 provided to the City. The landscape plan shall show sufficient screening of the proposed equipment building. The C.U.P. shall be continually subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 0 i`��"�' • PAGE 13 1. The Conditional Use Permit provides for a 100 foot tall communication monopole and a 180 SF equipment building. No equipment or antennas may be in excess of 100 feet. 2. A building permit shall be obtained for the erection of the monopole and equipment building. 3. A building elevation of the equipment building shall be provided to the City for approval prior to issuance of a building permit showing the color and style of the masonry block used for the building. The architectural design and building materials shall meet City Code requirements. 4. The 20' wide access drive shall be surfaced with bituminous or concrete for the first 100 feet. 6. The color of the tower shall be of a light blue or light grey color scheme. 7. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole prior to the issuance of a building permit. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT- NUE & TORGERSON L.L.P. City Administrator Hedges gave a brief overview on this item. Senior Planner Ridley gave a staff report. Councilmember Hunter stated that four years ago a moratorium was placed on billboards and, at that time, it was discussed that there would need to be more leniency with regard to signage of businesses. He added that this signage is appropriate since it is along the freeway. Councilmember Wachter asked if it would be possible to co-occupy signage with another business off the site. Mayor Egan noted that would be a real change in policy. Councilmember Awada said that in order for the applicant's business to be on the highway sign, there must be signage on the site. Mayor Egan said he wondered if they would have good visibility from Cliff Road. Senior Planner Ridley noted that the new Dairy Queen is north of the site and that signage could be used as a gauge for visibility from Cliff Road. Mayor Egan stated that he was disappointed that the applicant was not present to answer questions of the Council. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the Planned Development Amendment to allow a pylon sign at the Greenmill Restaurant located on Lot 2, Block 1, Rahncliff 4th Addition subject to the following conditions: 1. The Agreement shall be amended to revise Exhibit B of the Rahncliff 2nd Addition Planned Development Agreement as amended,to allow a pylon sign on Lot 2 Block 1, Rahncliff 4th Addition. 2. All signage shall conform to the Planned Development Agreement and City Code requirements. 3. A Planned Development Agreement shall be entered into. Aye: 4 Nay: 1 (Councilmember Wachter opposed) • EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 ..hn.-,G • PAGE 14 PRELIMINARY PLANNED DEVELOPMENT- ESA DEVELOPMENT, INC. City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff report. A representative of the civil engineering firm on the project addressed the Council and stated the hotel will be marketed as a more reasonably priced version of Residence Inn. Councilmember Masin asked if, since the hotel is by the freeway, problems would be created because of the noise. Pudge Lindman, construction manager for ESA, stated there would not be any problems with noise. Gene Happe, landowner, added that of all the hotel companies that showed an interest in the land, ESA seemed to be the most quality hotel. Councilmember Wachter moved,Councilmember Masin seconded a motion to recommend approval of the proposed Preliminary Planned Development to construct a hotel on 2.85 acres (proposed Lot 1, Block 1, Norwest 3rd Addition) located between Norwest Court and I-35E, subject to the following conditions: 1. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with materials to match the principal building. 2. All rooftop mechanical equipment shall be screened from view. 3. The developer shall provide a fence or railing on top of the retaining walls. 4. The developer shall provide detailed plans and specifications covering the construction of the retaining walls prior to final plat approval. • 5. The developer shall obtain grading easements from the adjacent property owners for any grading which extends beyond this property (proposed Lot 1, Block 1, Norwest 3rd Addition). 6. The developer shall obtain an ingress/egress easement from the adjacent property owner for the proposed entrance from the site to Sherman Court prior to final plat approval. 7. The developer shall dedicate a 20-foot drainage and utility easement over the water main looped through the development. 8. The developer shall submit a cash mitigation for significant tree/woodland removal in the amount of$5,700-$12,300, depending on the number of significant trees removed for this current development proposal. 9. The developer shall be required to install tree protective measures(i.e.4 foot polyethylene laminate safety netting)at the drip line or the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved in area of the proposed driveway extension to Sherman Court. 10. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. 11. Approved signage includes the following: a) one pylon sign at the northeast corner of the site adjacent to 1-35E; and b) one monument sign located at the main entrance to the site • off Norwest Court. The pylon sign shall comply with standard size and setback requirements in the City Code. The monument sign shall comply with standard setback a*a EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 410 PAGE 15 requirements, and be 4'-6" tall by 5'-4"wide as shown on plans submitted and attached. 12. The developer shall submit a lighting plan indicating light levels (lumens) at the property edge for staff review prior to final planned development approval. 13. The developer shall plat the property. 14. A Final Planned Development Agreement shall be executed prior to Final Subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: * Final Site and Lighting Plan * Final Building Elevation Plan * Final Signage Plan * Final Landscape Plan Aye: 5 Nay: 0 4;4- �/•I/rr :.�ri//J'i Nl,r. �,-�..r,, y�r '• 47/ii�rl40 There was no Legislative/Intergovemmental Affairs. MEETING SCHEDULE FOR OCTOBER THROUGH DECEMBER City Administrator Hedges discussed the meeting schedule. Councilmember Wachter moved, Councilmember Awada seconded a motion to recognize the meeting schedule for October through December and approve special City Council meetings for October 15 and November 7, beginning at 5:00 p.m. Aye: 5 Nay: 0 SET A PUBLIC HEARING FOR CITY OF EAGAN MULTI-FAMILY HOUSING REVENUE BONDS - ROYAL OAK CIRCLE City Administrator Hedges gave an overview on this item. Councilmember Hunter moved, Mayor Egan seconded a motion to approve setting a public hearing for the City of Eagan Multi-Family Housing Revenue Bonds-Royal Oak Circle for November 4, 1996, and to authorize the City Clerk to publish the hearing notice. Aye: 5 Nay: 0 PROJECT 643R, APPROVE ASSESSMENT APPEAL SETTLEMENT (TIMBERLINE ADDITION - STREET RECONSTRUCTION) Director of Public Works Colbert gave an overview on this item. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the Stipulation of Settlement to Special Assessment Appeal of Project 643R (Timberline Addition) for Parcel 10-47700-071-00(McNurlin)and Parcel 10-47700-022-00(Stevenson), authorize the Mayor and City Clerk to execute all related documents and authorize an adjustment to the final assessment roll for said project • adopted on April 16, 1996. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 ot 'a7 PAGE 16 RESOLUTION REDESIGNATING MUNICIPAL STATE AID STREET#126 96.89 (NEIL ARMSTRONG BLVD.) Councilmember Wachter asked who would benefit from this change. Director of Public Works Colbert provided clarification. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve resolutions redesignating Municipal State Aid Street(MSAS)#126(Neil Armstrong Boulevard)and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Wachter stated he appreciated the new street construction schedule that is being distributed to the public. He also congratulated Director of Public Works Colbert and Rich Brasch for their efforts in regard to the innovative design for the DeLosh Ravine stream stabilization storm sewer project. He then suggested staff review the current City codes to ensure they are being enforced. Councilmember Hunter mentioned one to review would be the Sign Ordinance. Councilmember Wachter asked City Attorney Sheldon about the Council's authority in approving a CUP. Sheldon stated that when the Council approves a CUP it attaches conditions, but those conditions need to adhere to the Code. He noted that in regard to the specific CUP Councilmember Wachter was referring to at the last meeting, it should have been pointed out that the condition in the CUP would have required a variance. Councilmember Awada referenced the housing issue in Brooklyn Park and suggested the Council • follow the issue. She said they are tearing down run-down one bedroom apartments that are considered low-income and building single family houses. Councilmember Masin said she had attended the opening of the Big River's Regional Trail. She said it would be interesting to get feedback regarding the reasons the public voted against the park bond referendum. Mayor Egan stated that from feedback he has received it does not appear that there was a united front opposed to the referendum, but rather there were many individual reasons the public voted against the referendum. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated September 26, 1996 in the amount of$1,682,012.91. Aye: 5 Nay: 0 The meeting adjourned at 10:30 p.m. MLK October 1, 1996 i - AL Date City Clerk • EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 • PAGE 17 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.