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11/30/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE F+lQli ,1=..Y_!0 ?t N1.r,3L :::::!November 30, 199$::;: A regular meeting of the Eagan CKyC-ouncil was heli Vn Monday, November 30, 1998 at 6:30 p.m. at the Eagan Municipal Center. Prese$t:.W.'"gMay9.c2g#'and Councilmembers Wachter, Awada and Masin. Also present were City Administ 0tTi}p0'iSCd$es, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim l'eldon. AGENDA Councilmember Awada moved, agenda as presented. Aye: 4 Nay: 0 a motion to approve the MINUTES OF THE NOVEMBER 17,1998 REGULAR MEETING Councilmember Masin requested:Ltsat{q pact 7:thtt:iito6on regarding the name selection for the Aquatic Facility be changed to reflect a 3�Zve le with Ca:::' i hembers Masin and Blomquist opposing. Mayor Egan requested that on page 5, in the second sentence of the first paragraph under 'Building Permit for Parkview Golf Course', the word abstract be changed to extract. Councilmember Wachter movedk.Cpuncilmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 Councilmember Blomquist arrived at•ft:35 p'ifi•`::::; DEPART11111h ':#t At# WU5INESS HOLZ:iliiM 1998 ANNUAL REPORT City Administrator Hedges provided an overview on this item. Michael Vincent, Chair of the Friends of the Farm, provided an update on the building projects that were completed at Holz Farm in 1998 and thanked the City Council for the infusion of City funds from a dedicated cellular tower revenue account. Councilmember Wachter asked about pro. ed activities for 1999. Mr. Vincent stated that each year the Board reviews what activities the commu'�u'y has boeW receptive to and makes a determination regarding what activities will be offered the following year bij*d on that information. Director of Parks and Recreation Vraa provided an ifpdate on the construction of the Cascade Bay Aquatic Facility. He noted that the sale of season passes will begin tomorrow Councilmember Masin asked about the concrete structure being built adjacent to the residents' homes and what buffering is proposed to be installed between the residents and the structure. Vraa stated that a mechanical building is being constructed in this area and that Landscape Architeet/:Park Planner C.J. Lilly and City Administrator Hedges have been working with the residentrtii develop a landscape plan. In regard to Item B, Amendment to Clean Water PaM*rship Grant - Fish Laky Councilmember Masin inquired about the additional $100,000 that was aw•ai'dtnd to the City but not used. Director of Parks and Recreation Vraa explained that the project cost was significantly less than anticipated and attempts are being made to utilize the remaining dollars for another project. Mayor Egan said he wanted to ensure that the additional money is not unnecessarily spent on projects that are not viable EAGAN CM COUNCIL MEEnNG MINUTES; NOVEMBER 30, 1998 PAGE 2 In regard to Item G, of the City Code, Councitmember Blomg4,6Jt.:Mked who wgs:&ing the work on this item. City Administrator Hedges stated that staff will''' atosI;'0 slie language and the City Attomey's office will finalize the language prior to publication' 114 ..aiw`;ifat action on this item should also include authorizing an ordinance amendment to update the Uniform Building Code to the 1997 edition. Councilmember Masin questioned what the City's liability will be if it assumes the responsibility for reviewing the plumbing plans for commercial and industrial buildings and if there will be any additional cost to the City. Chief Building Official Reid5ta2ed that there is no cost to the City to assume this responsibility, but it will help to shorten >3ii j0a:pf6cdS3 and will benefit contractors. In regard to Item H, Change Order Ho. 2,'L1iscade B'm*' .: Councilmember hlasin stated that there has been a lot of change orders for this project and:4sked aboutthe temporary nature of some of the deletions. Director of Parks and Recreation VTdp': me:reasons for the cost reductions and also discussed which items are permanentlyfleliFfPi3:froat;fU¢:piiY tt cost. Mayor Egan noted t6t although the overall cost is about 58,800 below the estimate he vJiftls�to ensure the budget is not exceeded. Vraa stated that $285,000 still remains in the contingency fund for unforeseen costs and the only bid left to award is for the entrance gate. He further stated that while there may be other additions and deletions there should not be any substantial changes to the cost. Councilmember Blomquist said she would like to have information on all previous and current change orders presented to the Council in one single document for comparison purposes. A. Personnel Items Item 1. It was recommended to approve theyppointp;enf;Ofiaig Jensen as Fire Chief of the Eagan Volunteer Fire Department. Item 2. It was recommended to approve t}ie hiring of Julie Kaufman -Boom as a part-time Clerical Technician III in the Fire Department. Item 3. It was recommended the hiring'of Leah Taylor as a seasonal part-time concession worker in the civic arena. Item 4. It was recommended to accept'tlie resigriabon'6F1'atioiOfficer Rodger Slater from the Eagan Police Department. Item 5. It was recommended to approve the collej We bargaitdng agreement for years 1999 and 2000 between the City of Eagan and the Dispatcher Bargaining Ui83 B. Amendment to Clean Water Partnership Grant - Fish Lake. It was recommended to approve and authorize the signature of an amendment to the previously approved Minnesota Clean Water Partnership Project Implementation Loan agreement for the Fish Lake Phase II Implementation Project. C. Approve senior citizen special assessment deferral rgquQ*- Parcel 10-17751-110-02 (Proiect 733 McKee Addition - Street Im rovementltL:;itYRa4:ed to approve a request for a senior citizen P deferment of special assessments. D. 1999 Burnsville/ Eagan Community Television access o"ction class fees. It was recommended to approve the Burnsville/ Eagan Community Television 1994icfass fees as recommended by the Burnsville/Eagan Telecommunications Commission. E. 1999 License renewals for trash haulers. It was recommended to approve the 1999 license renewals for trash haulers. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PACE F. Premiies permit application for Club to conduct a pull tab operation at AI Baker's, 3.134 Washingtotr-13rive. It was reco4&nded to approve a resolution approving the charitable gambling premises permit fbrthe Eagan High J;,chool Football Booster Club to conduct a pull -tab operation at Al Baker's located a0o' $ o(ii Washingte. G. RRg nest authorization to prepare ordinance44%di)Ytenls to Chapter 10 (Public Protection, Crimes anc Offenses) and Chapter 4 (Construction Licensing, Permits and Regulation) of the City Code. It was recommended to direct staff to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes and Offenses) and Chapter 4 (Construction, Licensing, Permits and Regulation) of the City Code. H. Change Order No. 2, Cascade Bay. It... Ct1%tbf1 ?t?r??c1 tLkApprove Change Order 2 for Cascade Bay Aquatic Facility in the amount of $27,201.00. (Coupt7nie'm6 "Alomquist abstained) Councilmember Wachter moved, Councilp tltnber Awa{la seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1999 City Administrator Hedges gave.a presentation on this item and thanked Finance Director VanOverbeke, Assistant Finance Directo .t1,4_pMr and all the department heads for thew work on the budget document. Finance Director Vanfk¢tbi2lj .*Xther discussed the proposed budget and property tax levy. Councilmember Blomquist inquireda3}put thlt. ggkyfAiko the Public Works budget and the Parks budget. City Administrator Hedges explainpy� t1te=>ijifk3e in the Public Works budget is primarily due to expansion of the winter trail maintenanCR Rtefri. Finance Director VanOverbeke explained that the increase to the Parks budget is partly due'to the financing of the Eagan Forever Green Program in 1999. Councilmember Blomquist suggested that the Council review this program on a quarterly basis and re- evaluate financial participation. Mayor Egan opened the public MGaring to, Anyone wishing to speak. Resident Joe Barry commended the'City Cbdhe'floYreducing the tax levy and tax capacity rate. He questioned why the education tax credit is not4+3lnized di:Vie Truth -in -Taxation statement, how the salaries and benefits for employees compare to oth2Ymunicip.*#ties with similar populations and the transfer of Cable Franchise Fees to the Fire Admir*i; ation co1haruction budget. City Administrator Hedges and Finance Director VanOverbeke responded to his:iIftestions. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He commended City Administrator Hedges and Finance Director VanOverbeke for their efforts in making the budget presentation and budget document user,(riendly for the City Council and audience. Councilmember Blomquist suggested that this item be contiliu6d to the December 15 City Council meeting to allow people who may be watching the budget di"ssion on cable an opportunity to provide feedback. Councilmember Blomquist moved, Councilmember.A wada seconded a motion to continue the public hearing to December 15,1998 City Council meetings;: %lye: 5 Nay: 0 CEDARVALE SPECIAL SERVICE DISTRICT -1999 BUDGET City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE Mayor Egan opened the public tiydilEttiltdilg to speak. There being no one, he turned the discussion back to the Counci .. Councilmember Awada moved, C-ti%akcilmember Mia kYseconded a motion to close the public hearing and set the levy and budget consider l3AtSstc>r lta %iE[ember 15, 1998 City Council meeting. Aye. 5 Nay: 0 PARK CENTER FIFTH ADDITION VACATION OF SIDEWALK EASEMENT City Administrator Hedges provpj d:2lit.pjiQ i ik>!Ftfq tJ} s item. Director of Public Works Colbert gave a staff report. ..."'""' Mayor Egan opened the public hearing ta:>alyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved,' Coiincilmembi!i'Wachter seconded a motion to close the public hearing and approve the vacation of a sidewalk easement document number 1305774 within Lot 1, Block 1, Park Center Fifth Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE FIRST STREET PUBLIC1UGk1TS-OF-WAY, MCKEE & MCKEE 3RD ADDITIONS City Administrator Hedges provided 'an bVwtjr}:!?n. this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hear 4*:!ag tYtifie'wishing to speak. There being no one, he turned the discussion back to the CounciK..::::::::;:: ''' Councilmember Masin moved, Councilmember Blomquist seconded a motion to close the public hearing and approve the vacation of attached described public right-of-way within McKee and McKee 3b Additions reserving the rights for drainage and utility purposes and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay. 0 " VACATE DRAINAGE & UTILrff19iikSi!I�flN'f$ Kf�1rvSWOOD POND 2ND ADDITION City Administrator Hedges provided an oNWview oiiYhis item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of a public drainage and tiWty easement within Lot 1, Block 2, Kingswood Ponds Second Addition and authorize the Mayor.;6d City Clerk to execute all related documents. Aye: 5 Nay 0 .::::::NEWBUSINESS 1999 FEE SCHELI{(i;� City Administrator Hedges provided an overview on this item. Questions were raised about the increases to the parkland dedication fee and about the cost for bagging of "No Parking" signs. Finance Director VanOverbeke explained the rationale for the increase and the fee for bagging the signs. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGES Councilmember Blomquist asked why tli i4 Vbetween pawn shop and adult use license fees. She suggested the adult usd.B�ense fees should li<ipereased. VanOverbeke stated that the adult use fees were established consistent:with the fees for on sale hquor license fees. He noted that pawn shop license fees are set higher bec2ffSe;of the amou c6£ .record keeping that must be done by the Police Department. He further noted that lfti2:S1?,1iQQ:Jj:be high since electronic record keeping is now a Code requirement. Councilmember Ivja31f1aitifRi#'3bout the fee for hair and nail salon inspection. Councilmember Masin moved, Councilmember Awada seconded a motion to adopt a resolution approving the 1999 Fee Schedule establishing, foes for various City services, supplies and materials. Aye: 5 Nay: 0 Councilmember Blomquist said she woulcM ice to fiuidi6k review certain areas of the fee schedule, in particular those fees relating to pawn shops an4;rfdult useg.:.:Mayor Egan suggested that the Council review the fees on an item by item basis next year:: INTERIM USE PERMIT - TRANSPORT CORPORATION OF AMERICA, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved}trouncilmember Awada seconded a motion to approve an Interim Use Permit to allow the outdoof'St{Zi' ` Ck,wgp trailers as a principal use on Outlot A, Gopher Eagan Industrial Park 3b Addition, locatedin (fie'6HI +Gf.Section 21, south of Borchert Lane between Mike Collins Drive and the railroad subject toithe followfiig conditions: 1. The Interim Use Permit shaJll-.*lQilpjF�i6'af Dakota County within 60 days of Council approval and proof of ritCtiFitl143ubmitted to the City. 2 The permit shall terminate three years following the date of issuance of the permit, or 30 days following notice to the applicant that the City has acquired ownership of the property, whichever ocimrs first. 3. The interim use permit:i�Aj-.,. 6lt Cf:3Q Rik tElnual administrative review. The purpose of such review shall be't8 tieferniiti'effte4'the'conditions of the permit are within compliance. The interim use peril* --nay be::Ytwoked for failure to comply with any condition of the permit follosving*,#bce of &,noncompliance and a hearing by the City Council with all interested partie4k2ing givei>in opportunity to be heard. 4. All storage shall be located on the northern portion of the property and contained within the existing gravel surfaced area 5. The property shall be used for storage of semi trailers only. No more than 75 semi trailers shall be stored on the property at any one tj 6 The applicant and ownrgt:Sdfasiptetbe:eiteand restrict access by the general public. Clean up and removal p;:ifijtp+lti4hml;dumping or deposit of materials on the site shall be the responsibility of the applicant Transport America, within thirty days of issuance of the permit. 7. No vehicle maintenance activity shall be conducted on the property. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE FINAL PLANNED DEM -00W '(R& ..!..NG) AND FINAL PLAT TRANSP0XT-.:C0RP0RATI0N*i1 AMERICA City Administrator Hedges provi overview dgCthis item. Senior Planner Ridley gave a staff report. Director of Pubhc Works Col14 t�T has not completed their review and staff is still waiting for their comments pertaiidilg#pt x#i$hway 13 access and added that it has been difficult for staff to complete adequate traffic analysis given the short timeframe between the APC and City Council meetings. Mayor Egan said he was concerned about the lack of time for adequate analysis. Director of Public Works Colbert said that staff could attempt to complete a review by the December 15 City Council meeting. John Donnelly, Frauenshuh Companies; c®CptYeif ivlti,ffte overriding concerns of traffic and safety. He said they are supportive of additional r&*w of tli liaffic issues and agreed to a continuance of this item to the December 15 City Council meeting% John Vogel, 3369 Heritage Lane,;iSijS ij [9yliel;tli .. eft.Rig rezoning, height and location of the building and traffic. Senior Planner Riclffy'responded'ftY hit: Vogel's concerns. Mayor Egan referenced a letter from the MPCA that stated the proposed development was the preferred way to encapsulate the fly ash deposit. He questioned staff regarding the tree removal. Senior Planner Ridley stated that the proposed tree mitigation plan is consistent with Code requirements. Councilmember Wachter suggested thai:fh q!r a mitigation plan be changed to incorporate more hardy tree varieties. Several other area residents spoke ab6tit the rezofifri& .fly ash, compatibility of the use and traffic and parking ... ............. Councilmember Blomquist comA0bt d oti'the chemical composition of the fly ash and requested information regarding the developer's sirii boring analysis. Deborah DeLuca, representing Braun Intertec, provided background information on how fly ash was handled by the MPCA in the early 1980's. She added that if the ash is excavated it will become airborne and the MPCA would prefer to have the ash encapsulated rather than disturbed. She provided a graphic depiction of the site showing th}:2lftI itttRill+diflir locations of soil borings performed by the developer. Councdmember Masin AAed if &f4*iwm d'iirliny contamination to the groundwater if the fly ash is encapsulated. Ms. DeLuca stated thii( be MPCA ,Itas indicated that leaving the fly ash uncapped will result in continued infiltration of pieF2pitatiors:ujrough the ash and continued contribution to ground water contamination. Mr. Donnelly stated that they have worked diligently to site the building appropriately to avoid destroying the environment. He added that they would be willing to replace some of the tree varieties with more hardy species. He further added that they are willing to work with staff to address the traffic concerns. Councilmember Awada moved, Councilmember WAiSher seconded a motion to continue the Final Planned Development (rezoning irAttl &;:ilCti;Busig4ss to PD, Planned Development) to allow a . three story, 123,000 square foot office bsW. a! 1 P1#t i&' site located north of Yankee Doodle Road and east of Highway 13 (within the SE 1/. of Section 8) and the Final Plat (Transport America Headquarters Addition) legally combining the 5 lots which: pWerlie the subject property into a single 83 acre parcel to the December 15, 1998 City Council meeting.:Aye: 5 Nay: 0 EAGA.N CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE 7 REZONING & PRELIMINARI:[!Y ANNED DEVEL7- MINI/USA EQUITIES MENT City Administrator Hedges proviEl64Rn overview 0/3.Oi s item. Senior Planner Ridley gave a staff report. Attorney Linda Fisher, representing Cornerstone Development, described the mini -storage facility, presented pictures of the building, described the building materials and discussed why this use was suitable for the site. She added that the building will serve as a buffer between the existing commercial buildings and the residential Russ Miller, Cornerstone Development; }iiitiv3Ce8 tib kg{ound information on the company and the mini -storage industry. He discussed the physiftFappearUK* of the facility, site suitability, rental rates and security measures. He noted that there ??til be limiied.hours of operation and a manager will be on site 24 hours per day. Mayor Egan said that initially hewis'unsure attotttthis development proposal, but Ms. Fisher's letter analyzing how this use fits into the Central Area District mitigated his concerns. He added that this development eliminates future piecemeal development of this property by completing the development between the animal hospital and Kennedy Transmission. Councilmember Wachter said hP didA9t think a pylon sign was necessary for a high quality building such as this. Mr. Miller stated Sfl$;!iNpRftirtt.to have signage visibility from Duckwood Drive. He said they would be agreeable to eliminating tlte4lyip¢ digP if they could have limited building signage on the south side of Building E. Councdmem6w Blomgti�st'asked how large the sign would be on the south side. Senior Planner Ridley stated that tale sigp wottld;�iecone foot by ZS feet or 25 square Feet total. Councilmember Wachter moved�i>{i'icsTrhember Awada seconded a motion to approve a Final Planned Development, rezoning from d8dt.munity Shopping Center, to allow construction of a self - storage facility on 4.42 acres west of Denmark Avenue north of Duckwood Drive, legally described as Outlot A, Town Centre 70 Twenty-first Addition in the NW 1/4 of Section 15 subject to the following conditions: 1. The property shall be rG1b'':'r'':' 2. A Planned Development Agreeni shall be Rtecuted and recorded against the property The following exhibits are requiredl6r the t Bement: Final Site Plan Final Building Elevations Final Landscape Plan Final Signage Plan Final Site Lighting Plan 3. There shall be no outside storage. 4. The trash enclosure sha)ii1R (�St.A .... Afitent with the requirements of the City Code and include a screening gate of 90% or greater opacity. 5. Additional customer parking should be provided near the office to total nine stalls. Two more stalls should be provided for the resident manager. EAGAN CnY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE 6. There shall be no parkiri$atllii3'6ii tti'2'iST ye of Building A. The plans shall be revised to eliminate the thiors on that side of $Se.building or to provide a drive aisle with sufficient width to accommpdate two drive lazes and one parking lane. 7. The north side of the ot should be treated with the same concrete ffice'jiipa!>??}ett.;btd3+�?r3g block and brick materials as fflf:Seg> 6F#ietSudding. 8. In lieu of a pylon sign, additional building signage shall be allowed on the south side of Building E and the size of the sign shall be limited to one foot by 25 feet or 25 square feet total. 9. The light fixtures shall be sfiieTdedSiii Fi''Tfiaf'jkie]ight is directed downward and the source of the light is not directly vi6fDle froni:lut"oining properties. 10. This development shall provideii{+Yii#1 seweXA]the south edge of the service drive in the southeast comer of the dtplriitenl:Cti:capTgne storm water runoff before ftdrains onto the adjacent property to'the south (1,41*': ttxk 1, Town Centre 70 Twenty -fust Addition - Companion Animal Hospital). 11. A private ingress/egress easement covering the service drive to Town Centre 70 Nineteenth and Twentieth Additions (Town Centre Car Wash and Kennedy Transmission) shall be 46d*ated at the time of final plat approval for this development. 72. Parks and trails dedication in the rate in effect at the time 0 Aye: 5 Nay: 0 payment are required. Fees are paid at is issued. Councilmember Wachter moved'; Councilmember Awada seconded a motion to approve a Final Plat (Town Centre 70 Twenty-second Addition) consisting of one lot on 4.42 acres west of Denmark Avenue north of Duckwood Drive, currently legally described as Outlot A, Town Centre 70 Twenty-first Addition located in the NW 1/4 of Section 15. Aye: 5 Nay: 0 If you need these minutes in an alternative form such as large pririk1: adle, audio tape, etc., please contact the City of Fagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (-t,$]Qj phone: (612) 455-8535). The City of Eagan is committed to the policpj . •,..•,:,: • ' 11*Y4:.:•b&I access to its programs, services, activities, t�ttt'1i14011�t.': facilities and employment without regard to rece,':cOTor; tfFei#;`telfgi *n, national ongin, sex, disability, age, sexual orientation, marital status or status with regard to public assistan9g;::; MINUTES OF A REGULAR MEETING OF THE F+lQli ,1=..Y_!0 ?t N1.r,3L :::::!November 30, 199$::;: A regular meeting of the Eagan CKyC-ouncil was heli Vn Monday, November 30, 1998 at 6:30 p.m. at the Eagan Municipal Center. Prese$t:.W.'"gMay9.c2g#'and Councilmembers Wachter, Awada and Masin. Also present were City Administ 0tTi}p0'iSCd$es, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim l'eldon. AGENDA Councilmember Awada moved, agenda as presented. Aye: 4 Nay: 0 a motion to approve the MINUTES OF THE NOVEMBER 17,1998 REGULAR MEETING Councilmember Masin requested:Ltsat{q pact 7:thtt:iito6on regarding the name selection for the Aquatic Facility be changed to reflect a 3�Zve le with Ca:::' i hembers Masin and Blomquist opposing. Mayor Egan requested that on page 5, in the second sentence of the first paragraph under 'Building Permit for Parkview Golf Course', the word abstract be changed to extract. Councilmember Wachter movedk.Cpuncilmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 Councilmember Blomquist arrived at•ft:35 p'ifi•`::::; DEPART11111h ':#t At# WU5INESS HOLZ:iliiM 1998 ANNUAL REPORT City Administrator Hedges provided an overview on this item. Michael Vincent, Chair of the Friends of the Farm, provided an update on the building projects that were completed at Holz Farm in 1998 and thanked the City Council for the infusion of City funds from a dedicated cellular tower revenue account. Councilmember Wachter asked about pro. ed activities for 1999. Mr. Vincent stated that each year the Board reviews what activities the commu'�u'y has boeW receptive to and makes a determination regarding what activities will be offered the following year bij*d on that information. Director of Parks and Recreation Vraa provided an ifpdate on the construction of the Cascade Bay Aquatic Facility. He noted that the sale of season passes will begin tomorrow Councilmember Masin asked about the concrete structure being built adjacent to the residents' homes and what buffering is proposed to be installed between the residents and the structure. Vraa stated that a mechanical building is being constructed in this area and that Landscape Architeet/:Park Planner C.J. Lilly and City Administrator Hedges have been working with the residentrtii develop a landscape plan. In regard to Item B, Amendment to Clean Water PaM*rship Grant - Fish Laky Councilmember Masin inquired about the additional $100,000 that was aw•ai'dtnd to the City but not used. Director of Parks and Recreation Vraa explained that the project cost was significantly less than anticipated and attempts are being made to utilize the remaining dollars for another project. Mayor Egan said he wanted to ensure that the additional money is not unnecessarily spent on projects that are not viable EAGAN CM COUNCIL MEEnNG MINUTES; NOVEMBER 30, 1998 PAGE 2 In regard to Item G, of the City Code, Councitmember Blomg4,6Jt.:Mked who wgs:&ing the work on this item. City Administrator Hedges stated that staff will''' atosI;'0 slie language and the City Attomey's office will finalize the language prior to publication' 114 ..aiw`;ifat action on this item should also include authorizing an ordinance amendment to update the Uniform Building Code to the 1997 edition. Councilmember Masin questioned what the City's liability will be if it assumes the responsibility for reviewing the plumbing plans for commercial and industrial buildings and if there will be any additional cost to the City. Chief Building Official Reid5ta2ed that there is no cost to the City to assume this responsibility, but it will help to shorten >3ii j0a:pf6cdS3 and will benefit contractors. In regard to Item H, Change Order Ho. 2,'L1iscade B'm*' .: Councilmember hlasin stated that there has been a lot of change orders for this project and:4sked aboutthe temporary nature of some of the deletions. Director of Parks and Recreation VTdp': me:reasons for the cost reductions and also discussed which items are permanentlyfleliFfPi3:froat;fU¢:piiY tt cost. Mayor Egan noted t6t although the overall cost is about 58,800 below the estimate he vJiftls�to ensure the budget is not exceeded. Vraa stated that $285,000 still remains in the contingency fund for unforeseen costs and the only bid left to award is for the entrance gate. He further stated that while there may be other additions and deletions there should not be any substantial changes to the cost. Councilmember Blomquist said she would like to have information on all previous and current change orders presented to the Council in one single document for comparison purposes. A. Personnel Items Item 1. It was recommended to approve theyppointp;enf;Ofiaig Jensen as Fire Chief of the Eagan Volunteer Fire Department. Item 2. It was recommended to approve t}ie hiring of Julie Kaufman -Boom as a part-time Clerical Technician III in the Fire Department. Item 3. It was recommended the hiring'of Leah Taylor as a seasonal part-time concession worker in the civic arena. Item 4. It was recommended to accept'tlie resigriabon'6F1'atioiOfficer Rodger Slater from the Eagan Police Department. Item 5. It was recommended to approve the collej We bargaitdng agreement for years 1999 and 2000 between the City of Eagan and the Dispatcher Bargaining Ui83 B. Amendment to Clean Water Partnership Grant - Fish Lake. It was recommended to approve and authorize the signature of an amendment to the previously approved Minnesota Clean Water Partnership Project Implementation Loan agreement for the Fish Lake Phase II Implementation Project. C. Approve senior citizen special assessment deferral rgquQ*- Parcel 10-17751-110-02 (Proiect 733 McKee Addition - Street Im rovementltL:;itYRa4:ed to approve a request for a senior citizen P deferment of special assessments. D. 1999 Burnsville/ Eagan Community Television access o"ction class fees. It was recommended to approve the Burnsville/ Eagan Community Television 1994icfass fees as recommended by the Burnsville/Eagan Telecommunications Commission. E. 1999 License renewals for trash haulers. It was recommended to approve the 1999 license renewals for trash haulers. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PACE F. Premiies permit application for Club to conduct a pull tab operation at AI Baker's, 3.134 Washingtotr-13rive. It was reco4&nded to approve a resolution approving the charitable gambling premises permit fbrthe Eagan High J;,chool Football Booster Club to conduct a pull -tab operation at Al Baker's located a0o' $ o(ii Washingte. G. RRg nest authorization to prepare ordinance44%di)Ytenls to Chapter 10 (Public Protection, Crimes anc Offenses) and Chapter 4 (Construction Licensing, Permits and Regulation) of the City Code. It was recommended to direct staff to prepare ordinance amendments to Chapter 10 (Public Protection, Crimes and Offenses) and Chapter 4 (Construction, Licensing, Permits and Regulation) of the City Code. H. Change Order No. 2, Cascade Bay. It... Ct1%tbf1 ?t?r??c1 tLkApprove Change Order 2 for Cascade Bay Aquatic Facility in the amount of $27,201.00. (Coupt7nie'm6 "Alomquist abstained) Councilmember Wachter moved, Councilp tltnber Awa{la seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1999 City Administrator Hedges gave.a presentation on this item and thanked Finance Director VanOverbeke, Assistant Finance Directo .t1,4_pMr and all the department heads for thew work on the budget document. Finance Director Vanfk¢tbi2lj .*Xther discussed the proposed budget and property tax levy. Councilmember Blomquist inquireda3}put thlt. ggkyfAiko the Public Works budget and the Parks budget. City Administrator Hedges explainpy� t1te=>ijifk3e in the Public Works budget is primarily due to expansion of the winter trail maintenanCR Rtefri. Finance Director VanOverbeke explained that the increase to the Parks budget is partly due'to the financing of the Eagan Forever Green Program in 1999. Councilmember Blomquist suggested that the Council review this program on a quarterly basis and re- evaluate financial participation. Mayor Egan opened the public MGaring to, Anyone wishing to speak. Resident Joe Barry commended the'City Cbdhe'floYreducing the tax levy and tax capacity rate. He questioned why the education tax credit is not4+3lnized di:Vie Truth -in -Taxation statement, how the salaries and benefits for employees compare to oth2Ymunicip.*#ties with similar populations and the transfer of Cable Franchise Fees to the Fire Admir*i; ation co1haruction budget. City Administrator Hedges and Finance Director VanOverbeke responded to his:iIftestions. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He commended City Administrator Hedges and Finance Director VanOverbeke for their efforts in making the budget presentation and budget document user,(riendly for the City Council and audience. Councilmember Blomquist suggested that this item be contiliu6d to the December 15 City Council meeting to allow people who may be watching the budget di"ssion on cable an opportunity to provide feedback. Councilmember Blomquist moved, Councilmember.A wada seconded a motion to continue the public hearing to December 15,1998 City Council meetings;: %lye: 5 Nay: 0 CEDARVALE SPECIAL SERVICE DISTRICT -1999 BUDGET City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE Mayor Egan opened the public tiydilEttiltdilg to speak. There being no one, he turned the discussion back to the Counci .. Councilmember Awada moved, C-ti%akcilmember Mia kYseconded a motion to close the public hearing and set the levy and budget consider l3AtSstc>r lta %iE[ember 15, 1998 City Council meeting. Aye. 5 Nay: 0 PARK CENTER FIFTH ADDITION VACATION OF SIDEWALK EASEMENT City Administrator Hedges provpj d:2lit.pjiQ i ik>!Ftfq tJ} s item. Director of Public Works Colbert gave a staff report. ..."'""' Mayor Egan opened the public hearing ta:>alyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved,' Coiincilmembi!i'Wachter seconded a motion to close the public hearing and approve the vacation of a sidewalk easement document number 1305774 within Lot 1, Block 1, Park Center Fifth Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE FIRST STREET PUBLIC1UGk1TS-OF-WAY, MCKEE & MCKEE 3RD ADDITIONS City Administrator Hedges provided 'an bVwtjr}:!?n. this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hear 4*:!ag tYtifie'wishing to speak. There being no one, he turned the discussion back to the CounciK..::::::::;:: ''' Councilmember Masin moved, Councilmember Blomquist seconded a motion to close the public hearing and approve the vacation of attached described public right-of-way within McKee and McKee 3b Additions reserving the rights for drainage and utility purposes and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay. 0 " VACATE DRAINAGE & UTILrff19iikSi!I�flN'f$ Kf�1rvSWOOD POND 2ND ADDITION City Administrator Hedges provided an oNWview oiiYhis item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of a public drainage and tiWty easement within Lot 1, Block 2, Kingswood Ponds Second Addition and authorize the Mayor.;6d City Clerk to execute all related documents. Aye: 5 Nay 0 .::::::NEWBUSINESS 1999 FEE SCHELI{(i;� City Administrator Hedges provided an overview on this item. Questions were raised about the increases to the parkland dedication fee and about the cost for bagging of "No Parking" signs. Finance Director VanOverbeke explained the rationale for the increase and the fee for bagging the signs. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGES Councilmember Blomquist asked why tli i4 Vbetween pawn shop and adult use license fees. She suggested the adult usd.B�ense fees should li<ipereased. VanOverbeke stated that the adult use fees were established consistent:with the fees for on sale hquor license fees. He noted that pawn shop license fees are set higher bec2ffSe;of the amou c6£ .record keeping that must be done by the Police Department. He further noted that lfti2:S1?,1iQQ:Jj:be high since electronic record keeping is now a Code requirement. Councilmember Ivja31f1aitifRi#'3bout the fee for hair and nail salon inspection. Councilmember Masin moved, Councilmember Awada seconded a motion to adopt a resolution approving the 1999 Fee Schedule establishing, foes for various City services, supplies and materials. Aye: 5 Nay: 0 Councilmember Blomquist said she woulcM ice to fiuidi6k review certain areas of the fee schedule, in particular those fees relating to pawn shops an4;rfdult useg.:.:Mayor Egan suggested that the Council review the fees on an item by item basis next year:: INTERIM USE PERMIT - TRANSPORT CORPORATION OF AMERICA, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved}trouncilmember Awada seconded a motion to approve an Interim Use Permit to allow the outdoof'St{Zi' ` Ck,wgp trailers as a principal use on Outlot A, Gopher Eagan Industrial Park 3b Addition, locatedin (fie'6HI +Gf.Section 21, south of Borchert Lane between Mike Collins Drive and the railroad subject toithe followfiig conditions: 1. The Interim Use Permit shaJll-.*lQilpjF�i6'af Dakota County within 60 days of Council approval and proof of ritCtiFitl143ubmitted to the City. 2 The permit shall terminate three years following the date of issuance of the permit, or 30 days following notice to the applicant that the City has acquired ownership of the property, whichever ocimrs first. 3. The interim use permit:i�Aj-.,. 6lt Cf:3Q Rik tElnual administrative review. The purpose of such review shall be't8 tieferniiti'effte4'the'conditions of the permit are within compliance. The interim use peril* --nay be::Ytwoked for failure to comply with any condition of the permit follosving*,#bce of &,noncompliance and a hearing by the City Council with all interested partie4k2ing givei>in opportunity to be heard. 4. All storage shall be located on the northern portion of the property and contained within the existing gravel surfaced area 5. The property shall be used for storage of semi trailers only. No more than 75 semi trailers shall be stored on the property at any one tj 6 The applicant and ownrgt:Sdfasiptetbe:eiteand restrict access by the general public. Clean up and removal p;:ifijtp+lti4hml;dumping or deposit of materials on the site shall be the responsibility of the applicant Transport America, within thirty days of issuance of the permit. 7. No vehicle maintenance activity shall be conducted on the property. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE FINAL PLANNED DEM -00W '(R& ..!..NG) AND FINAL PLAT TRANSP0XT-.:C0RP0RATI0N*i1 AMERICA City Administrator Hedges provi overview dgCthis item. Senior Planner Ridley gave a staff report. Director of Pubhc Works Col14 t�T has not completed their review and staff is still waiting for their comments pertaiidilg#pt x#i$hway 13 access and added that it has been difficult for staff to complete adequate traffic analysis given the short timeframe between the APC and City Council meetings. Mayor Egan said he was concerned about the lack of time for adequate analysis. Director of Public Works Colbert said that staff could attempt to complete a review by the December 15 City Council meeting. John Donnelly, Frauenshuh Companies; c®CptYeif ivlti,ffte overriding concerns of traffic and safety. He said they are supportive of additional r&*w of tli liaffic issues and agreed to a continuance of this item to the December 15 City Council meeting% John Vogel, 3369 Heritage Lane,;iSijS ij [9yliel;tli .. eft.Rig rezoning, height and location of the building and traffic. Senior Planner Riclffy'responded'ftY hit: Vogel's concerns. Mayor Egan referenced a letter from the MPCA that stated the proposed development was the preferred way to encapsulate the fly ash deposit. He questioned staff regarding the tree removal. Senior Planner Ridley stated that the proposed tree mitigation plan is consistent with Code requirements. Councilmember Wachter suggested thai:fh q!r a mitigation plan be changed to incorporate more hardy tree varieties. Several other area residents spoke ab6tit the rezofifri& .fly ash, compatibility of the use and traffic and parking ... ............. Councilmember Blomquist comA0bt d oti'the chemical composition of the fly ash and requested information regarding the developer's sirii boring analysis. Deborah DeLuca, representing Braun Intertec, provided background information on how fly ash was handled by the MPCA in the early 1980's. She added that if the ash is excavated it will become airborne and the MPCA would prefer to have the ash encapsulated rather than disturbed. She provided a graphic depiction of the site showing th}:2lftI itttRill+diflir locations of soil borings performed by the developer. Councdmember Masin AAed if &f4*iwm d'iirliny contamination to the groundwater if the fly ash is encapsulated. Ms. DeLuca stated thii( be MPCA ,Itas indicated that leaving the fly ash uncapped will result in continued infiltration of pieF2pitatiors:ujrough the ash and continued contribution to ground water contamination. Mr. Donnelly stated that they have worked diligently to site the building appropriately to avoid destroying the environment. He added that they would be willing to replace some of the tree varieties with more hardy species. He further added that they are willing to work with staff to address the traffic concerns. Councilmember Awada moved, Councilmember WAiSher seconded a motion to continue the Final Planned Development (rezoning irAttl &;:ilCti;Busig4ss to PD, Planned Development) to allow a . three story, 123,000 square foot office bsW. a! 1 P1#t i&' site located north of Yankee Doodle Road and east of Highway 13 (within the SE 1/. of Section 8) and the Final Plat (Transport America Headquarters Addition) legally combining the 5 lots which: pWerlie the subject property into a single 83 acre parcel to the December 15, 1998 City Council meeting.:Aye: 5 Nay: 0 EAGA.N CITY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE 7 REZONING & PRELIMINARI:[!Y ANNED DEVEL7- MINI/USA EQUITIES MENT City Administrator Hedges proviEl64Rn overview 0/3.Oi s item. Senior Planner Ridley gave a staff report. Attorney Linda Fisher, representing Cornerstone Development, described the mini -storage facility, presented pictures of the building, described the building materials and discussed why this use was suitable for the site. She added that the building will serve as a buffer between the existing commercial buildings and the residential Russ Miller, Cornerstone Development; }iiitiv3Ce8 tib kg{ound information on the company and the mini -storage industry. He discussed the physiftFappearUK* of the facility, site suitability, rental rates and security measures. He noted that there ??til be limiied.hours of operation and a manager will be on site 24 hours per day. Mayor Egan said that initially hewis'unsure attotttthis development proposal, but Ms. Fisher's letter analyzing how this use fits into the Central Area District mitigated his concerns. He added that this development eliminates future piecemeal development of this property by completing the development between the animal hospital and Kennedy Transmission. Councilmember Wachter said hP didA9t think a pylon sign was necessary for a high quality building such as this. Mr. Miller stated Sfl$;!iNpRftirtt.to have signage visibility from Duckwood Drive. He said they would be agreeable to eliminating tlte4lyip¢ digP if they could have limited building signage on the south side of Building E. Councdmem6w Blomgti�st'asked how large the sign would be on the south side. Senior Planner Ridley stated that tale sigp wottld;�iecone foot by ZS feet or 25 square Feet total. Councilmember Wachter moved�i>{i'icsTrhember Awada seconded a motion to approve a Final Planned Development, rezoning from d8dt.munity Shopping Center, to allow construction of a self - storage facility on 4.42 acres west of Denmark Avenue north of Duckwood Drive, legally described as Outlot A, Town Centre 70 Twenty-first Addition in the NW 1/4 of Section 15 subject to the following conditions: 1. The property shall be rG1b'':'r'':' 2. A Planned Development Agreeni shall be Rtecuted and recorded against the property The following exhibits are requiredl6r the t Bement: Final Site Plan Final Building Elevations Final Landscape Plan Final Signage Plan Final Site Lighting Plan 3. There shall be no outside storage. 4. The trash enclosure sha)ii1R (�St.A .... Afitent with the requirements of the City Code and include a screening gate of 90% or greater opacity. 5. Additional customer parking should be provided near the office to total nine stalls. Two more stalls should be provided for the resident manager. EAGAN CnY COUNCIL MEETING MINUTES; NOVEMBER 30, 1998 PAGE 6. There shall be no parkiri$atllii3'6ii tti'2'iST ye of Building A. The plans shall be revised to eliminate the thiors on that side of $Se.building or to provide a drive aisle with sufficient width to accommpdate two drive lazes and one parking lane. 7. The north side of the ot should be treated with the same concrete ffice'jiipa!>??}ett.;btd3+�?r3g block and brick materials as fflf:Seg> 6F#ietSudding. 8. In lieu of a pylon sign, additional building signage shall be allowed on the south side of Building E and the size of the sign shall be limited to one foot by 25 feet or 25 square feet total. 9. The light fixtures shall be sfiieTdedSiii Fi''Tfiaf'jkie]ight is directed downward and the source of the light is not directly vi6fDle froni:lut"oining properties. 10. This development shall provideii{+Yii#1 seweXA]the south edge of the service drive in the southeast comer of the dtplriitenl:Cti:capTgne storm water runoff before ftdrains onto the adjacent property to'the south (1,41*': ttxk 1, Town Centre 70 Twenty -fust Addition - Companion Animal Hospital). 11. A private ingress/egress easement covering the service drive to Town Centre 70 Nineteenth and Twentieth Additions (Town Centre Car Wash and Kennedy Transmission) shall be 46d*ated at the time of final plat approval for this development. 72. Parks and trails dedication in the rate in effect at the time 0 Aye: 5 Nay: 0 payment are required. Fees are paid at is issued. Councilmember Wachter moved'; Councilmember Awada seconded a motion to approve a Final Plat (Town Centre 70 Twenty-second Addition) consisting of one lot on 4.42 acres west of Denmark Avenue north of Duckwood Drive, currently legally described as Outlot A, Town Centre 70 Twenty-first Addition located in the NW 1/4 of Section 15. Aye: 5 Nay: 0 If you need these minutes in an alternative form such as large pririk1: adle, audio tape, etc., please contact the City of Fagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (-t,$]Qj phone: (612) 455-8535). The City of Eagan is committed to the policpj . •,..•,:,: • ' 11*Y4:.:•b&I access to its programs, services, activities, t�ttt'1i14011�t.': facilities and employment without regard to rece,':cOTor; tfFei#;`telfgi *n, national ongin, sex, disability, age, sexual orientation, marital status or status with regard to public assistan9g;::;