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10/02/1995 - City Council Special MINUTES OF A SPECIAL MEETING OF THE 0€) 2 ,S EAGAN CITY COUNCIL Eagan, Minnesota October 2, 1995 A special meeting of the Eagan City Council was held on Monday, October 2, 1995 at 5:00 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Wachter, Masin and Hunter. Absent was Councilmember Awada. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Parks and Recreation Director Ken Vraa, Police Chief Pat Geagan and Finance Director Gene VanOverbeke. ANALYSIS OF CARRIAGE HILLS COUNTRY CLUB AS A POSSIBLE ACQUISITION FOR A MUNICIPAL GOLF COURSE John Hoyt, of Effective Golf Course Systems, Inc., reviewed their company, the viability of municipal golf courses. Roger Harrold, of Effective Golf Course Systems, Inc., reviewed the Issues associated with municipal golf courses and the condition of the Carriage Hills course. Mr. Hoyt then reviewed the capital costs needed to acquire this course. Considerable discussion followed concerning the Issuance of bonds, financing aspects and whether It would be more cost effective to start a new course rather than trying to refurbish the existing one. Administrator Hedges noted that the Park System Plan calls for a municipal golf course in the future. He will investigate the Northwestern Mutual property to the north as a possible location for a new golf course. It may make more sense to start a golf course from scratch as there would be more options available for a driving range, etc. The Council can then look at both scenarios when making a decision. Discussion followed concerning how much it would cost to build a new course. John Hoyt noted that driving ranges are money makers. He noted that although Carriage Hills has no possibility of a driving range, if it is the only option for a golf course, he feels the city should consider it. Councilmember Wachter stated he feels It will cost more than the estimated $585,000 to improve Carriage Hills. He feels it will be more like a million dollars. Mr. Hoyt noted that the $585,000 is only for the first two years to make it operational. Councilmember Masin asked whether Dakota County has definitely said they won't put a golf course in Lebanon Hills. Parks and Recreation Director Vraa indicate they won't be doing that. Mayor Egan asked about the course in Rosemount on university property. Mr. Hoyt responded that it is both Informal and unofficial. He has heard that It would be primarily for tournaments. Councilmember Masin asked about promoting private ownership for this golf course. Mr. Hoyt responded that it is not likely because there isn't a very high rate of return. Councilmember Wachter Indicated that the only way he would consider buying It Is if the owner substantially lowers his price. Parks and Recreation Director Vraa indicated he feels the consultants have taken a very realistic approach to the projected revenue. Administrator Hedges added that Community Development Director Reichert is looking at other opportunities in the city for a golf course. Mayor Egan stated that he is apprehensive about this, but is willing to proceed defensively because he would like to see another golf course in Eagan. Councilmember Wachter stated he doesn't see why the city should look at purchasing this because there are so many other things for the city to work on. He feels the course would need extensive renovation. Councilmember Hunter stated he feels the city should keep its options open. He feels the city should pursue the golf course as a dual track, exploring both the Carriage Hills course and building a new one. He added that the Advisory Parks, Recreation & Natural Resources Commission should look into the question of whether the city should be in this business. Councilmember Masin noted that the city is almost out of land, so action must be taken soon, at least acquiring the land. Councilmember Hunter concurred. Administrator Hedges noted that the owner Is to the point where he doesn't want to operate the golf course any more. The city may be faced with the situation where the city needs to allow him reasonable use of his property If it isn't purchased to be maintained as a golf course. If the city decides not to purchase It, land needs to be acquired elsewhere for a future golf course. Councilmember Wachter stated the city needs to keep the doors open for acquisition of the golf course. He noted that he would not like to see a golf course within the flight path. EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 2 A. Personnel Items Item 1. It was recommended to approve the hiring of Eric Amann, Chelsea Crouch, Nicole Darwitz and Todd Intihar as part-time seasonal concession workers for the Civic Arena. Item 2. it was recommended to approve the hiring of Melissa Harris as a part-time seasonal program assistant In the Youth Development Program. Item 3. It was recommended to approve the hiring of Mike Elam as a seasonal part-time Civic Arena night supervisor/resurfacer. Item 4. It was recommended to approve the hiring of Delbert Keene as a seasonal park attendant. Item 5. It was recommended to approve contracting with Bruce Barry and David Schomburg as basketball scorekeepers for the fall and winter basketball season. Item 6. It was recommended to approve contracting with Jerry Korba who will coordinate the supplying and scheduling of basketball officials for the fall and winter seasons. Item 7. It was recommended to accept the resignation of Chris Thomas as MIS Intern. Item 8. It was recommended to accept the resignation of Sheri Bergeland as a part-time Clerical Technician III for Central Services Maintenance. Item 9. It was recommended to accept the resignation of Senior Engineering Tech/Supervisor Ed Kirscht. B. Plumbers Ucenses. It was recommended to approve the plumbers licenses for Culligan Soft Water Service Co., Stepaniak Construction Co., and Valley-Rich Co. Inc. as presented. C. Set public hearing. Certification of Delinquent Utility Bills. It was recommended to receive the list of delinquent utility accounts and set a public hearing on November 6, 1995 to certify these bills to the County for collection with property taxes. D. Award Janitorial Contract. Municipal Buildings. It was recommended to approve janitorial contract with Diamond Green Inc. for janitorial service for Eagan City Hall, Police, Fire Administration and Public Works Maintenance in the amount of $72,000. E. Agpoint Consultant. Holz Farm Study. It was recommended to approve the hiring of S.E.H. In the amount of $4,850 to perform an architect/structural review of the Holz Farm building. F. Contract 95-06. 1995 Sealcoat. it was recommended to authorize the first and final payment for Contract 95-06 to Allied Blacktop in the amount of $267,384.06 and accept the Improvement for perpetual City maintenance subject to appropriate warranty provisions. G. Project 689. Haves and Deiosh Addition Storm Sewer. It was recommended to receive the feasibility report for Project 689 and order a public hearing for November 6, 1995. H. Contract 93-WW. Lexington Pointe 10th Addition. It was recommended to acknowledge completion of Contract 93-WW and authorize perpetual City maintenance subject to warranty provisions. 1. Massage Therapist Licenses for the Tropics. It was recommended to approve the massage therapist licenses for Deborah Freundschuh, Cynthia Gamer-Howell, Patricia Becker, Pamela Schaumburg-Okeson and Kimberly Sanders doing business at The Tropics. EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 O C 240 PAGE 3 J. Massage Therapist Ucense for Lifetime Fitness. It was recommended to approve a massage therapist license for Christine Schaffer Suihkonen to work at Lifetime Fitness. K Comprehensive Guide Plan Amendment. Central Area Plan. It was recommended to approve an amendment to the Commercial Land Use Plan of the Comprehensive Guide Plan creating a Central Area including a description, goals, land use plan and policies for guiding development within the defined Central Area 95.68 L Comprehensive Guide Plan Amendment. Central Area Transportation Imorovementsjinterchanae Modification. It was recommended to approve a Comprehensive Guide Plan Amendment to the Transportation Plan Element which identifies necessary future roadway Improvements to the Central Area/Yankee Doodle Road Corridor, to be Incorporated as a supplement to the Transportation Plan Element. 95.69 M. Final Plat and Final Planned Development. Oak Ridge Family Housing. (This item was considered separate from the consent agenda.) 95.70 N. Final Subdivision and Final Planned Development. Cliff Lake Shores. It was recommended to approve a final subdivision and final planned development identified as Outlot E, Cliff Lake Centre for the Cliff Lake Shores Addition. 95.71 0. Change Orders. Police Department/Municipal Center Expansion. It was recommended to approve change orders for the Police Department and Municipal Center expansion projects as presented. P. Preparation of bid documents. Schwanz Lake Phase II Capital Improvements, it was recommended to approve the preparation of bid documents for the Hay Lake Extension and south bay modifications as identified In the Schwanz Lake Phase II grant contract. R. Approval of Wetlands Replacement Plan. Gardenwood Ponds Subdivision. It was recommended to approve the revised wetland replacement plan for the Gardenwood Ponds subdivision. S. Preliminary Subdivision Approval Extension. Vantage Point. It was recommended to approve a 90 day extension for the Vantage Point Preliminary Subdivision. T. Contract 95-13. North Ridge Drive Utility Construction Contract Award. It was recommended to receive bids for Contract 95-13, award the contract to the lowest responsible bidder and authorize the Mayor and City perk to execute all related documents. U. Eagan Woods Office Park Easement Execution Authorization. it was recommended to authorize the Mayor and City Clerk to execute temporary street easement agreement and utility easement associated with the Eagan Woods Office Park development. V. Resolution. Building Bridges. Peace by Peace. It was recommended to approve the resolution as presented. W. Fire Department Pumper Bids. It was recommended that the bids be rejected and that the pumper be regbiif 72 with bid alternates and extending the delivery date. Hunter moved, Masin seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 M. Final Plat and Final Planned Development. Oak Ridge Family Housing. Joe Hamand, speaking on behalf of the development immediately to the west of the development, across Johnny Cake Ridge Road, Indicated that after doing some research on this project, they feel this Is a very favorable project, and are Interested In working with the HRA on this. He indicated they have been impressed with the people at the HRA and how they. have handled this entire process. Some discussion followed. Masin moved, Wachter seconded a motion to approve the final plat and final planned development for Oak Ridge Family Housing. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 4 i PROJECT 692, OLD SIBLEY HIGHWAY Mark Hanson, of Bonestroo, Rosene, Anderlik, gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Al Block, Town and Country Homes, urged Council approval. Roger Slater, a property owner In the area, noted that he has already paid assessments for water and sewer, and questioned why they are being assessed again. Mark Hanson explained that there Is no assessment for water; however, it Is felt that this property does benefit to some extent from the sanitary sewer. They are only assessing a half an acre. Director of Public Works Colbert added that there is a significant elevation differential between the portion that Is readily serviced off of Old Sibley Highway and the lower elevation, which Is more readily serviced off of Highway 13. After some discussion, Director of Public Works Colbert Indicated they can further evaluate whether there is a benefit to this property prior to the final assessment. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Hunter moved, Masin seconded a motion to close the public hearing and approve Project 692, and authorize the preparation of detailed plans and specifications along with easement acquisition through condemnation action If necessary. Aye: 4 Nay: 0 PROJECT 675R, RED OAKS ADDITION Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Howard Kylio, representing Brad Stricker, noted that they needed the cooperation of Mr. Wessel, the property owner to the south and in order to get his cooperation, it was agreed that he would not have to pay his assessments until he develops his property. He Is Intending to develop the property within the next 12-18 months, but he would like to have the payment schedule start at that time because it would be a financial burden to him. He would also like to have the term extended as well. They were told by staff that Mr. Wessel wouldn't have to start paying until the property developed. Fred Wessel, 3590 Wescott Hills Drive, questioned the cost of the project. Director of Public Works Colbert Indicated he can look into It. City Attorney Sheldon noted that the City Council can, since his property is undeveloped, levy the assessment, defer the first payment to any date, but still have the interest the run, as long as the total payments are completed within 30 years. Mayor Egan then turned the discussion back to the Council. Councilmember Hunter asked whether there Is any exposure to the city by extending the period from five to ten years. Director of Public Works Colbert indicated there wouldn't be a problem on a project this small. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 675R, deferring the Wessel assessment for 18 months, extending the payment schedule to ten years, and authorize certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 693, CEDAR GROVE 11TH AND 12TH ADDITION STREETLIGHTS Assistant Director of Public Works Mike Foertsch gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned discussion back to the Council. Masin moved, Hunter seconded a motion to close the public hearing and approve Project 693 and authorize the contract with Dakota Electric Association for Its Installation. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 00211z, PAGE 5 REQUEST FOR EXTENSION, AAGARD ENVIRONMENTAL SERVICES Wachter moved, Masin seconded a motion to approve a seven month extension for site paving and concrete curb and gutter construction for Aagard Environmental Services. Aye: 4 Nay: 0 REQUEST TO RECONSIDER PARKING RESTRICTIONS ON TOWN CENTRE DRIVE Hunter moved, Masin seconded a motion to reconsider Council action to post Town Centre Drive adjacent to Waterford Place Apartments for no on-street parking effective October 20, 1995. Aye: 4 Nay: 0 Jeff Badger, of the corporate office in Winnipeg, Manitoba, reviewed the makeup of their complex, noting that the complex was built with approximately 200% parking which was felt to be adequate at the time. They have found that a lot of people are using their garages for storage. They have registered all of the vehicles in the complex to get a handle on how many cars are on the site. They have also implemented a policy wherein there is only get one stall for each vehicle that is registered and storage will not be allowed in the garages. Inoperable vehicles and recreational vehicles will not be allowed on the site. They are planning to remove some of the islands for additional parking. Thirty days does not give them enough time to implement their policy and add parking. They are requesting that parking be restricted on one side only for six months until they can resolve their problem. They also intend to restrict parking along the approaches to the drives to enhance the visibility on the site. They feel there will still be a slight problem with visitor parking. He suggested an overnight parking ban be Implemented so that only visitors use the on-street parking. Counciimember Wachter noted that snow removal is a problem when parking Is allowed on the street, so he doesn't favor restricting parking on only one side of the street. He suggested that If they Intend to expand their parking, he would be willing to agree that paving the parking lot would not be required right away, but he doesn't favor having on-street parking because there is a safety problem In that area. Council member Masan stated she feels that tenants should be able to use their garage for whatever they want to. Mr. Badger responded that using garages for storage is what is causing the parking problem. These garages were never intended to be used for storage. He noted that he doesn't see safety as being such a critical issue because there haven't been very many accidents in that area. Councilmember Hunter noted that this is a developing commercial area, and traffic is only going to increase. It would be different if it were just a residential area. Mr. Badger offered to clear the snow on the street in that area if parking is allowed on one side of the street. Administrator Hedges noted that the Police Chief has made observations on several occasions where there are numerous cars parked on the street when there were spaces available in the lot. Brent Florin, 4085 Lexington Avenue, stated he feels that of the four areas considered for parking restrictions, this area was the most serious public safety Issue, and urged the Council to let their decision stand. Phyllis Rau, representing the Small Business Association, Indicated they would like to have some Input into ordinances affecting parking. Mayor Egan noted that the Issue before the Council is just the restrictions in this area. A resident at Waterford Place noted that about a year ago, most of the cars were parked on site, and when fire trucks came to the site, they couldn't get their trucks in to the areas because of these parked cars, so the Fire Marshall ordered fire lane signs throughout the property. That Is what took the cars onto the street. Masin moved to allow parking on one side of Town Centre Drive, and require Waterford Place to keep Town Centre Drive In front of their complex cleared of snow. The motion died for lack of a second. Wachter moved, Hunter seconded a motion to reaffirm the Council's previous action. Aye: 3 Nay: I (Masan opposed.) EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 6 AMENDMENT TO ZONING CODE, CHAPTER 11, REGARDING OFF-STREET PARKING AND LOADING Community Development Director Reichert gave a staff report, giving the reasons for changing the ordinance, and noting that this ordinance is intended to make things less restrictive for businesses. He noted that the Planning Commission recommended a minor revision to the clause relating to termination. Councilmember Masin asked how much input there has been from the Chamber of Commerce and businesses. Community Development Director Reichert noted that it was noticed in the paper, and she has not had any response. She noted that this change was In response to the needs of a couple of businesses. Councilmember Hunter asked whether there was any Input from the Small Business Association, and Community Development Director Reichert noted that they were provided a copy of the ordinance, but she hasn't heard anything from them. Phyllis Rau, representing the Small Business Association, noted that they feel the ordinance Is very well put together, and complements the business' growth. They were hoping to have more discussions before the ordinance came to the Planning Commission. Community Development Director Reichert responded that it would be great If the Small Business Association wanted to distribute a copy of this ordinance to their members and do a write up In their newsletter. She noted that staff meets with many people every week who are wanting to build, develop or expand in Eagan, and they do a lot of problem solving. If there Isn't a solution, they try to find one, which Is why this ordinance came about. Councilmember Hunter added that the reason why they don't call a lot of meetings to review ordinances like this Is because these companies need to move forward, and It wouldn't facilitate development to hold up their projects. If the ordinance Is straightforward, it makes more sense to move ahead to have a positive effect on development. Ms. Rau noted that she feels it Is important to get Input from both the Chamber of Commerce and Small Business Association, and Indicated they would be willing to distribute the ordinance to their members. Wachter moved, Egan seconded a motion to approve the amendment to Chapter 11, Section 11.10, General Provisions, with the modification to C2, Termination as presented. Aye: 4 Nay: 0 Wachter moved, Masin seconded a motion to approve the amendment to Chapter 11, Section 11.20, Use Districts. Aye: 4 Nay: 0 Councilmember Masin suggested that a letter be drafted to the Chamber of Commerce and Small Business Association whenever there Is a proposal that affects businesses, as well as whenever a proposal Is adopted. Mayor Egan indicated that he feels there needs to be a reasonable definition of when a letter would be sent. Councilmember Wachter noted that when the city publishes agendas, that is the mechanism that has been used to notify the public. If the city sends letters to that group, they will have to do it for everyone. After some discussion, Community Development Director Reichert suggested that perhaps it would make more sense to send them agendas for the Planning Commission and City Council, rather than trying to decide when a letter needs to be sent, and they can call for further information on whatever they have an interest in. Council members concurred. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT & CONDITIONAL USE PERMIT, TED BOLLES Community Development Director Reichert gave a staff report. Councilmember Wachter expressed a concern about the traffic flow within the development and stacking of cars trying to get back onto Rahncliff Road. Mr. Bolles responded that he feels most of the traffic will exit on to Rahncll f Court. They are in the process of having this reviewed by a traffic engineer, so it may come back to staff with modifications. After some discussion, Masin moved, Wachter seconded a motion to approve a preliminary planned development amendment to construct a Dairy Queen store and 48 parking spaces within the Rahncliff 2nd Addition Planned Development, subject to the following conditions: :..i 0C, Alre EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 7 1. A 2,780 square foot Dairy Queen restaurant with a drive-thru window is approved to be developed on Lot 2, Block 1, Rahncliff 2nd Addition. 2. The site design shall be consistent with the proposed site plan sheet dated August 30, 1995. 3. The color of the brick exterior shall be similar to the brick used on the existing Rahncliff strip shopping center building. 4. Berming shall be added between parking areas and public right-of-way. 5. The landscaping around the perimeter of the site shall be increased with a mixture of overstory and understory plant material that will provide the site with year-round color. 6. All rooftop mechanical equipment shall be screened from view. 7. The grading plan should be revised to incorporate detailed grading and erosion control information and berming along the south and west perimeter of the site. 8. The water service extension to the proposed building shall meet City standards. 9. Approval of a final planned development agreement, shall include the final site plan, final lighting plan, final building elevation plan, final sign plan and final landscape plan. Upon submission of these final plans and execution of the final planned development agreement, the final planned development may proceed to the City Council for approval. 10. The developer shall submit easement documents for review and approval by the City Attorney for the shared driveway access easements and the easement over the existing bituminous trail along Rahncliff Road. These easement documents shall be recorded at Dakota County. Aye: 4 Nay: 0 Masin moved, Hunter seconded a motion to approve a conditional use permit to allow a 27' tall 124 square foot per side pylon advertising sign on Lot 2, Block 1, Rahncliff 2nd Addition, subject to the condition that the conditional use permit be recorded at Dakota County within 60 days of Council approval. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT, TRANSPORT AMERICA Mayor Egan removed himself from this discussion, and turned the gavel over to Acting Mayor Hunter. Community Development Director Reichert gave a staff report Councilmember Hunter questioned whether a permit can be Issued due to the fact that the off-street parking ordinance was just adopted. City Attorney Sheldon Indicated that the Council can authorize the permit, but it can't be issued until the ordinance is published. After some discussion concerning loss of trees, Masin moved, Wachter seconded a motion to approve a conditional use permit to allow off-street parking associated with Transport America, subject to the following conditions: 1. The conditional use permit shall be recorded at Dakota County within 60 days of Council approval. 2. The use granted herein is solely for the benefit of Lot 9, Block 1, Sibley Terminal Industrial Park for the off-street parking of passenger vehicles. EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 8 3. The parking area Is to be constructed with a bituminous surface, concrete curb and gutter, lighting and a storm sewer drainage system in conformance with City Code Chapter 11, Section 1.10, Subd. 12, 'Design and Maintenance of Off-Street Parking Areas.' 4. The parking lot shall be used for passenger vehicles only. 5. The developer shall submit a Landscape Plan for review and approval prior to the City releasing the conditional use permit for recording. 6. The developer shall provide tree loss mitigation of 34 Category A trees or 68 Category B trees or 136 Category C trees. 7. The developer shall install tree protective measures (I.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved and contact the City Forester at least five days prior to any site grading. 8. The City Council shall adopt the proposed ordinance amendment to add Section 11.10, Subd. 12.1 and amendments to Section 11.20 relating to off-street parking. Aye: 3 Nay: 0 (Mayor Egan abstained.) Acting Mayor Hunter turned the gavel back to Mayor Egan. CONDITIONAL USE PERMIT AND VARIANCE FOR RYAN CONSTRUCTION COMPANY Community Development Director Reichert gave a staff report. Steve Schwanke, of RLK Associates, representing Ryan Construction Company, noted that on two occasions, Ryan Construction was told by staff that a pond was not required on-site. Based on that information, the property owner dosed on the property. They then began working on a site plan, and were told again that an on-site pond was not required. Since that time, the property to the south is no longer available, so their options are limited at this time. They feel they can meet the Intent of the code with the variances. Some discussion followed concerning the landscaping. Lauren Florin, 4085 Lexington Avenue, noted that this is a highly visible area and feels that should be taken Into consideration. Councilmember Hunter also noted the letter from National Business Systems, who are opposed to this. He reviewed sections of the ordinance dealing with conditional use permits which states they must be compatible with the existing or intended character of the general vicinity and not change the central character of the area; and that ingress/egress will not create traffic problems. He feels this request has problems in both of those areas. He indicated he favors trucking companies; however, he feels there are certain places that they do not belong, and this is one of them. He doesn't feel this conditional use permit is warranted. Councilmember Masin wanted to know why they were told that they didn't need the on-site ponding. She feels it puts the Council In an awkward position to deny this. Community Development Director Reichert indicated that staff tries to give applicants their best judgment in these situations; however until the Council approves the conditional use permit, staff cannot make, any guarantees that the permit will be granted. Most people don't dose on property until their approvals are granted. Applicants have no vested right to a conditional use permit. That is a discretionary decision on the part of the Council. It is possible that staff did not think a conditional use permit would be required. In this case, It was the amount of paving that required the ponding. Kent Carlson, of Ryan Construction, stated he feels this request is different than other trucking companies. They don't make any money by having trucks sitting there. This is more of a corporate type of facility. He feels it is compatible with the area. Some discussion followed. EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 9 Wachter moved, Hunter seconded a motion to deny a conditional use permit for Ballard Moving and Storage to allow outdoor storage of semi-trucks and trailers. Councilmember Hunter noted that the reasons for denying this are due to language in the conditional use permit ordinance, paragraph C dealing with compatibility, and Ingress/egress issues creating traffic problems. He doesn't feel this conditional use permit meets those sections of the ordinance. Councilmember Wachter added that he feels this parcel is too small for the extended use that is Intended. Mayor Egan noted that it Is too small to be developed without a variance, and the variance Is not justified. Aye: 4 Nay: 0 95.72.1 CONDITIONAL USE PERMIT, SAFETY-KLEEN CORPORATION Community Development Director Reichert gave a staff report. Fred Ferris, of Safety-been, explained the type of material they will be handling, and noted that he has the emergency response procedures as requested. Hunter moved, Wachter seconded a motion to approve the conditional use permit to allow outdoor storage of an above ground storage tank for non-flammable mineral spirits on part of Lot 4, Block 1, Sibley Terminal Industrial Park, subject to the following conditions: 1. This conditional use permit shall be recorded at Dakota County within 60 days of Council approval. 2. The material stored shall be limited to non-flammable mineral spirits. 3. The tank size is limited to 10'6" diameter by 18' 1-1 /2' height with a capacity of 11,743 gallons. 4. Safety-been Corp. shall submit to the City a copy of its current emergency plan for the Eagan site and shall submit any amendments made thereto in the future. Aye: 4 Nay: 0 Counclimember Hunter noted that the Inver Grove Heights City Council approved a conditional use permit on a site adjacent to Captain Dodd Park for a mini-storage facility. The City of Eagan expressed concerns to their City Council regarding an industrial or commercial use being located so dose to a city park and high-valued residential development, and suggested several improvements such as setbacks, screening, etc., and none of these were taken into consideration by the Inver Grove Heights City Council. He finds this appalling, due to the fact that the City of Eagan agreed to extend utilities to service their Inadequate utility system. Because of that, he would like the city to draft a letter to them and suggest that they reconsider their action and take these concerns into account. He Indicated the letter should state that the city will not grant the drainage easement needed for this project, and that staff will not undergo any discussions with Inver Grove Heights staff regarding extension of utilities until this situation is resolved. Mayor Egan expressed a concern about writing a letter about this, and Indicated he would like to hear from staff as to what happened at the meeting before the Council makes a decision on this. Community Development Director Reichert reviewed what happened on this request. She noted that staff made some suggestions to the Inver Grove Heights staff, and their staff responded that those things were not required by their code, so they were just Imposing minimum standards. Staff pointed out to them that additional conditions can be added to the conditional use permit. They did Impose one of their requests regarding fencing. They generally got a non-committal response, and she feels that because It is on the other side of town, it Isn't a big Issue for them. Discussion followed. Councilmember Wachter suggested that the city request a copy of their plans for the west side of Inver Grove Heights. Hunter moved, Wachter seconded a motion to address a letter to Inver Grove Heights requesting reconsideration of this matter, and Indicating that there will be no further cooperation with them until this Issue ()4. 4,7 EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 10 Is resolved. Aye: 4 Nay: 0 Community Development Director Reichert noted that their plan has a lot of Industrial property along the Eagan border. The Council may want to discuss the entire border area to make sure that both cities have compatible long-term land uses. Mayor Egan noted he hopes the letter is drafted in such a way that it keeps discussions open with them because both cities will need to work together in the future. Some discussion followed. Community Development Director Reichert noted a request was received from someone who wants to build a second garage on their lot, and the code doesn't have any size restrictions. There was another issue like this and it was suggested that the code should be looked at to place some size restrictions on garages. Council member Hunter asked whether the city has any enforcement mechanism to see whether the garage is being used for an Industrial use. If it can't be enforced, then restrictions are needed. Community Development Director Reichert noted that this has been an Issue before and feels It should be addressed. Councilmember Wachter and Mayor Egan concurred. Counciimember Wachter directed staff to draft an ordinance change regarding garage size. Councilmembers concurred. Director of Public Works Colbert noted that the Red Pine Lane/Highway 3 intersection is dose to being finished. One of the conditions In getting the new railroad crossing from C.P Rail was that upon Its completion, the city would dose the existing Gun Club Road crossing of the C.P Rail and Its access onto Highway 3, and close the Farm Road connection from Dodd Road to Highway 3. There are several businesses on Gun Club Road that need access, so only a portion of the roadway can be abandoned. He asked the Council whether he should initiate a vacation of the remainder of Gun Club Road so it reverts to the adjacent property owners, so the city would no longer need to maintain It. Councilmembers indicated they feel the vacation should be pursued. Wachter moved, Masin seconded a motion to set a special work session at 5:00 p.m. on October 17, 1995 and a special work session on October 24 at 5:00 p.m. Aye: 4 Nay: 0 Councilmember Wachter raised an issue as to whether there should be a couple of alternates to the Planning Commission. Discussion followed concerning the number of people on the Planning Commission. He also brought up the issue of having the bell mounted in the Council Chambers; and using excess brick for the City Hall signage. He also requested the number of square footage available on both the Municipal Center site and Fire Administration site. He also requested an update on the drainage problem on Lone Oak Road. Director of Public Works Colbert gave an explanation. Councilmember Masin reviewed the possible MVTA bus drivers' strike. She complimented the people who worked on the Holz Farm Open House. Mayor Egan concurred, noting that the entire Parks and Recreation Department should be commended for their work on this, as well as the Advisory Parks, Recreation & Natural Resource Commission members. Coundlmember Masin noted a Minnesota Chamber of Commerce transportation seminar on October 12. Discussion followed on the opening of the Civic Arena. Councilmember Hunter noted that he is being asked about the Promenade project and people are very excited about the project and looking forward to It. He asked whether the police were patrolling the Red Pine Lane area due to recent parking problems in the area. Administrator Hedges Indicated he isn't sure; however, he was Informed that the school district will have an adult safety guard at that Intersection as well. Councilmember Hunter asked when formal adoption of the tree preservation guidelines would come back to the Council. City Attorney Sheldon noted that It will be going to the Planning Commission first. Councilmember Hunter expressed a concern about the mismatched stone on the Municipal Center building. He indicated that unless the company offers a guarantee with an escrow, he feels the city should insist the EAGAN CITY COUNCIL MINUTES; OCTOBER 2, 1995 PAGE 11 stone be replaced. Counciimember Wachter concurred and noted that he feels it should be discussed at the upcoming Public Works Committee meeting. Discussion followed. H Wachter moved, Egan seconded a motion to approve the checklist dated September 29, 1995 in the amount of $3,957,855.82. Aye: 4 Nay: 0 The meeting adjourned at 9:46 p.m. DLP October 2, 1995 PA ft .~o ~Jtja Date City Clerk If you need these minutes In an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.