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06/20/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 20, 1995 A regular meeting of the Eagan City Council was held on Tuesday, June 20, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. ?GENOA Administrator Hedges noted there Is a change order for the wading pool that he would like considered tonight. Awada moved, Hunter seconded a motion to adopt the agenda. Aye: - 5 Nay: 0 `ES O .J1 i . .'S855. b 1Cx Councilmember Masin pointed out a typographical error on page 4, Item 7. Wachter moved, Awada seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 INUTES '3F JU SPE YAL MEETS Hunter moved, Wachter seconded a motion to approve the minutes as submitted. Aye: 5 Nay: 0 UPDATE, DAKOTA At#.iiANCE ?R PRE~IEItiTION. Kathy Schaivone, Dakota Alliance for Prevention, gave the history and goals for the Dakota Alliance for Prevention, as well as their future plans. DEP;Af T EN'<t> IEAD BUSINESS Councilmember Wachter requested that Parks and Recreation Director Vraa inform the audience about the yellow headed spruce saw fly, which Is a worm that attacks spruce trees. Parks and Recreation Director Vraa gave an explanation and encouraged residents to check their spruce trees and spray for them If necessary. Some discussion followed. Councilmember Awada expressed her appreciation to the Police Department for their response to an accident her husband was Involved in recently. Mayor Egan noted a letter he received from Emmett Salberg referring to some FCC violations by Meredith Cable. Cable Coordinator Mike Reardon noted that one of the issues brought up In the letter has been dealt with, and the other Is being addressed by the Cable Commission. Councilmember Wachter Indicated he heard an interesting talk by Dick Carroll recently on the importance of the flag, and suggested he give a presentation to the Council and public on it in July. ONSENT AGE DA In regard to Item A. Personnel Items. Councilmember Wachter requested clarification on the Water Technician/Maintenance Supervisor position and Administrator Hedges responded that this Is part of the overall reorganization in that department. In regard to Item F, Recommendation. Airaort Relations Commission. Runway 4/22 Litigation. Councilmember Wachter asked whether this runway extension will reduce the noise Impact over southeast Eagan. Assistant to the Administrator Hohenstein responded that the runway extension is only intended to shift traffic away from south Minneapolis, so it will not change the impact to Eagan and may even Increase it. 61 1 Ji- EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 2 In regard to Item L, Project 673. MnDOT Cooperative Construction Agreement for Red Pine Lane and T.H. 3. Councilmember Wachter expressed a concern about the timing of this project. In regard to Item M, Refuse Hauler License. Randy's Sanitation. Councilmember Wachter asked whether this should be delayed until the study Is done by the Solid Waste Commission. Assistant to the Administrator Hohenstein noted that the study only relates to residential haulers and this is for a commercial and multi-family hauler. A. Personnel Items Item 1. It was recommended to approve the hiring of Michael Chell as the Water Technician/Maintenance Supervisor in the Utility Division. Item 2. It was recommended to approve the hiring of Emily Bartel as a seasonal Park Attendant. Item 3. It was recommended to approve the hiring of Chad Stepan, Rachel Forde, Beth Beecher, Courtney Kjos, Nicole White and John Spangler as seasonal recreation staff. Item 4. It was recommended to approve the hiring of William Lee Brown as a seasonal Youth Development Program Aide. Item 5. It was recommended to approve the hiring of Sandra D. Hillyer and Kathleen Fletcher as seasonal Softball Camp Directors. Item 6. It was recommended to approve the hiring of Mia Michelle Battistone as a seasonal Tennis Instructor. Item 7. It was recommended to approve the hiring of Tammy Rae Wheelock as a seasonal Utility Intern in the Utility Division. Item 8. It was recommended to approve the hiring of Mark Rehder as a seasonal Forestry/Streets Intern. Item 9. It was recommended to approve the hiring of Debbie Severson as an Eagan High School Work Study Program Intern. Item 10. It was recommended to accept the letter of resignation from Tina Zink, Clerical Technician III In the Finance Department. Item 11. It was recommended to approve the hiring of Matthew Jacobson as a seasonal Park Maintenance Worker. Item 12. It was recommended to approve the hiring of Sean Mailaner and John Hassett as seasonal Ballfield Attendants. Item 13. It was recommended to approve the bargaining agreement with the clerical unit for 1995/1996. B. Resolution Authorizing Execution of Safe and Sober Grant. It was recommended to approve the resolution as presented. R-95.39 C. Resolution Proclaiming June 28. 1995 as Volunteer Recognition Day, It was recommended to approve the resolution as presented. R-95.40 EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 3 D. Recommendation Airport Relations Commission Comments Regarding Second Phase Scoping Report for Dual Track Airport Planning Process. It was recommended to adopt comments to the Metropolitan Airports Commission with respect to the second phase scoping report, a study document for the dual track airport planning process. E. Recommendation Airport Relations Commission Request Additional ANOMS Noise Monitors and Consideration of Means to Reduce Aircraft Noise Impacts in Eagan It was recommended to approve the recommendation as submitted. F. Recommendation. Airport Relations Commission. Runway 4/22 Litigation. It was recommended to authorize staff to continue discussions with Richfield and the Metropolitan Airports Commission to oppose the extension of Runway 4/22 because of its potential to result in a net increase in noise impacts for the City of Eagan and because it has the potential to increase the capacity at the airport. G. Resolution. YMCA of Greater St. Paul Project. It was recommended to adopt a resolution approving the issuance and sale of the $2,310,000 commercial development revenue notes, Series 1995 and authorizing the execution of related documents. R-95.41 H. Special Hunting Permit, Thomas J. Leach. It was recommended to approve the license as presented. 1. Chance Order, Police Department Building Project McGuire Mechanical. It was recommended to approve Change Order #9 for McGuire Mechanical for the relocation of water closet units in the detention cells. J. Final Subdivision. Lentschs Deerwood Pointe. It was recommended to approve the final subdivision as presented. R-95.42 K Final Subdivision. Villas of Violet Lane 2nd Addition. It was recommended to approve the final subdivision as presented. R-95.43 L. Project 673. MnDOT Cooperative Construction Agreement for Red Pine Lane and T.H. 3. It was recommended to approve MnDOT Cooperative Construction Agreement #73642 for Project 673 and approve the resolution authorizing the Mayor and City Administrator to execute all related agreements. M. Refuse Hauler License Randy's Sanitation. Delano, Minnesota. It was recommended to approve the license as presented. N. Final Subdivision. Cliff Lake Townhomes 2nd Addition. It was recommended to approve the final subdivision as presented. R-95.44 0. Final Subdivision. Blackhawk Forest. It was recommended to approve the final subdivision as presented. R-95-45 P. Contract 95-05. Blackhawk Hills & Wescott Square Street Reconstruction. It was recommen to receive the bids, excluding the alternates, and award Contract 95-05, and authorize the Mayor and City Clerk to execute all related documents. 0. Contract 95-03. Red Pine Lane Part 2 and T.H. 3 Streets and Utilities. It was recommended to receive the bids for Contract 95-03, award the contract to the lowest responsible bidder subject to MnDOT approval of the Cooperative Construction Agreement and authorize the Mayor and City Clerk to execute all related documents. R. Project 686. Woodgate Lane Street Reconstruction. It was recommended to receive the feasibility report for Project 686 and order a public hearing to be held on July 18, 1995. 0C _:3l EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 4 S. Receive Plans and Specifications. Authorize Advertisement for Bids. Eagan City Hall Technical Media Systems. It was recommended to receive plans and specifications including two alternates and authorize advertisement for bids for media equipment and Installation for the remodelled City Hall facility. T. Cedarvafe Special Service District. Receive Work Plan and Set Public Hearing. It was recommended to receive the work program and set the public hearing on July 11 for the Cedarvale Special Service District 1996 work plan and budget. Wachter moved, Hunter seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 Director of Public Works Colbert clarified that regarding Contract 95-05, the recommendation was to reject the alternates. Discussion followed concerning these bids. FBUC EA INGS VACATE CLIFF LAKE TOWNHOME EASEMENTS After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak, and there being no one wishing to speak, Mayor Egan turned discussion back to the Council. Hunter moved, Wachter seconded a motion to close the public hearing and approve the vacation of drainage and utility easements as described within the Cliff Lake Townhomes development and authorize their recording at Dakota County. Aye: 5 Nay: 0 VACATE T.H. 13 FRONTAGE ROAD EASEMENT After Introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report, noting there are some utilities that need to be located and additional right-of-way transfers that need to be accomplished. Mayor Egan then opened the public hearing to anyone wishing to speak. Wachter moved, Awada seconded a motion to continue this to July 18, 1995. Aye: 5 Nay: 0 VACATION OF VILLAS-OF VIOLET LANE EASEMENTS After introductions by Mayor Egan and Administrator Hedges. Director of Public Works Colbert 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. Hunter moved, Masin seconded a motion to close the public hearing and approve the vacation of drainage and utility easements within Lots 10-14, Villas of Violet Lane, subject to the recording of the Villas of Violet Lane 2nd Addition providing for replacement easements. Aye: 5 Nay: 0 PROJECT 643R, OSLUND-TIMBERLINE ADDITION UTILITIES AND STREET RECONSTRUCTION After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert and Mark Hanson, Project Engineer with Bonestroo Rosene Anderlik & Associates, gave a staff report. Councilmember Hunter questioned why the preliminary appraisals weren't Included in the feasibility report, and Director of Public Works Colbert responded that this was not a full fledged appraisal. There were appraisers In town on other reconstruction projects, and they were asked to drive by and give a rough estimate. Councilmember Hunter stated that based on past experience, he feels the costs will be lower than the feasibility report. After some discussion, Mayor Egan then opened the public hearing to anyone wishing to speak. EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 5 Terry Votel, 3040 McCarthy Ridge, reviewed the history of Improvements in the area and Indicated he feels McCarthy Road from Red Cedar Road to Highway 13 should not be reconstructed at this time. Roadways are estimated to last 25-30 years, and this road is just 20 years old. Curb and gutter Is not needed in this area and would be of no benefit. Director of Public Works Colbert responded that this roadway was constructed in 1974; however, it should not be assumed that the life of the roadway is 25-30 years because these roads were not built to standard at that time. They did a pavement condition Index in this entire area, and it indicated that the streets in this area have no structural stability left. Therefore, they have deteriorated to the extent that any type of corrective or preventive maintenance will not be cost effective. He feels McCarthy Road is in the same basic condition as others in this area. Mayor Egan asked whether it is feasible or prudent to segregate the McCarthy and O'Dell Additions out of this project and do them at a different time. Director of Public Works Colbert noted that they try to do improvements on a neighborhood basis so there Is no disparity In life cycle. Also, the larger the project, the more economical it Is. Councilmember Hunter asked whether the lack of structural stability is a safety concern. Director of Public Works Colbert Indicated it Is only a safety concern to the extent that it becomes impassable. George Stevenson, 3030 Sibley Memorial Highway, speaking for Eleanor Keegan, 3034 Sibley Memorial Highway, indicated their ingress and egress is from Highway 13. They are opposed to the assessments. Director of Public Works Colbert responded that these two lots go out to McCarthy Road just before Highway 13. Mr. Stevenson Indicated their access is on property that belongs to the state. Director of Public Works Colbert noted that although the driveway Is on state right-of-way, the functional maintenance and responsibility for this area belongs to the city. Larry McNuriin, 3036 McCarthy Ridge, noted that Dan Sovsinski, 3044 Sibley Memorial Highway, was unable to sign the petition due to prolonged absence, indicated he is opposed to this project. He presented a letter from Daniel Sprick, 1589 McCarthy Road, who could not attend the meeting, but is opposed to the project because it will cause traffic to move faster and create a safety hazard. He Is opposed to the assessments because he feels it will provide no benefit to the property. Mr. McNurlin indicated he is opposed to the project because he lives on a private road and would not benefit from the curb and gutter because it isn't even on his property. He doesn't feel he should be assessed for curb and gutter. Also, the section of McCarthy Road that passes through McCarthy Ridge Addition Is In reasonably good condition and he doesn't think it needs to be done at this time. He feels spot repairs and sealcoating would be adequate. Also, he feels the cost is exuberant. Dick Severe, 1544 McCarthy Road, spoke in favor of the project. He feels this area needs to be repaired. Darren Doheny, speaking on behalf of his mother, Marian Doherty, owner of Lots 4 and 5, McCarthy Ridge Addition, Indicated she is opposed. In 1986, the neighborhood paid to improve Catherine Lane because the city wouldn't. These improvements won't enhance their property. This is just an intersection improvement and doesn't even go by her property. They paid to improve this Catherine Lane and now pay for all of the maintenance and upkeep of this road. He feels they should be excluded from the street Improvements. Councilmember Awada asked whether Catherine Lane is public or private street. Director of Public Works Colbert indicated it is public, dedicated right-of-way. It Is only 30 feet wide which is half of the right-of-way dedication requirements for subdivided property. It was dedicated in 1951 and Is very substandard for a public street. The street itself was not built to standards for a public dedicated right-of- way. City Attorney Sheldon added that a public dedicated right-of-way doesn't become a street until and unless a city street is constructed and accepted by the city. It is not unusual for property owners use public dedicated right-of-way, but it is not a fully utilized city street. Councilmember Awada suggested that the other half be dedicated and the street be upgraded to city standards. She noted that now, it Is technically just a driveway. X-P EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 6 Mr. Doheny reiterated that they would like to be excluded from the street improvements and Indicated he Is opposed to straightening out the curve on McCarthy Road. Director of Public Works Colbert noted that straightening out that curve Is purely optional. Staff felt this would be a good time to propose ft. Mayor Egan indicated that since it hasn't been determined to be a safety hazard, perhaps it should be left as it Is. Councilmember Hunter concurred, indicating he thought it was deleted from the project the first time. Jack Holtz, 1569 McCarthy Road, indicated he was told by the city and by the contractor that sold the lot to him that when the area was developed, curbing would be Installed and the street would be brought up to standards. That was 17 years ago. He has drainage problems and favors this project. He also favors redoing the curve on McCarthy Road. Dick Kirch, 3020 Woodlark Lane; Nell Kveberg, 1590 McCarthy Road; Elaine Jones, 3068 Loon Lane; and Gene Miller, 3061 Loon Lane spoke in opposition to the project. Paul Uselman, 3012 Woodlark Lane; Diane Mulrooney 1470 Red Cedar Road; Jerry Kanne, 3060 Woodlark Lane, and Richard Gaworski, 3052 Cherrywood Court spoke In favor of the project. Mr. Gaworski stressed the need for an effective street maintenance program. He also indicated he would favor street lights. Tom Walsh, 1535 McCarthy Road, indicated he would like a chance to respond or ask questions following Council comment. Mayor Egan indicated he would allow it, but only on a very limited basis. A member of the audience asked what the people who are in favor of this can do If this project Is turned down. Mayor Egan indicated they should solicit signatures of people who are in strong support of this. Mayor Egan then turned discussion back to the Council. Councilmember Masin asked what the procedure is for getting street lights and Director of Public Works Colbert explained the petition procedure. Councilmember Wachter noted that street lights can be Installed at any time. They don't have to Installed with this project. Mayor Egan asked Director of Public Works Colbert to explain the city's street maintenance program, what the PCI Index Is for Pine Ridge Road, and what the sealcoating and maintenance procedure has been in the McCarthy Addition over the past decade. Director of Public Works Colbert Indicated that Pine Ridge Road has been sealcoated once since It was built. He explained the routine sealcoat maintenance program, as well as the street maintenance program. He noted there wasn't a program In place until the early to mid-80s. Councilmember Hunter noted that the program is only 10 years old and many of these streets were constructed prior to that. The Council has spent hours getting educated on this program and he urged people to contact City Hall and find out more about the pavement management program. He feels it is one of the best. Councilmember Masin concurred, noting that the Council spent a lot of time on developing this program and tried to make It as conservative as possible. At some point, ft doesn't make sense to keep repairing a street. Councilmember Awada stated the main issue Is the assessments and she feels they will be lower than the estimate. She thinks this is one of the nicest area of Eagan and feels this project will be good for this neighborhood. Discussion followed concerning the appraisal process and financing of this project. Mayor Egan addressed comments made by members of the audience concerning the fact that he lives on a gravel road. Councilmember Wachter stated he feels this Council is very concerned about taxes. He noted that many times, the high price of projects today is due to Improved quality of material and higher labor costs. EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 7 Council member Hunter stated he feel that the lots with long driveways should not be assessed for curb and gutter because they have minimal access via a long drive to McCarthy Road. Councilmember Awada concurred, and suggested the road be left the way it is. Other councilmembers concurred. Hunter moved, Wachter seconded a motion to close the public hearing and approve Project 643R, with the modification that parcels 020, 022, 070, 071 and 051, McCarthy Ridge be eliminated from the curb and gutter portion of the assessment, and that the proposal to soften the curve on McCarthy Road be eliminated from the project. Aye: 5 Nay: 0 VARIANCE - OPUS CORPORATION - LOT 1, EAGANDALE CENTER INDUSTRIAL PARK NO. 2 After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Councilmember Hunter asked whether the Community Development Director Is aware of any other buildings that are this long along a county highway and Community Development Director Reichert Indicated she isn't aware of any; however, Opus has a similar building along 1-494. Jim Neyer, of Opus Corporation, indicated their building along 1-494 Is slightly smaller than this one. Community Development Director Reichert noted that their concern is that if they only have one sign, people will pass the entrance point before they see the sign. Councilmember Hunter stated he doesn't feel the Council should grant variances for all long buildings, but he feels this situation is different because it is along a county highway. Companies pay more for the visibility along a county highway. Mayor Egan concurred. Councilmember Wachter added that there is a considerable difference in elevation and distance between the entrances. Awada concurred. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Awada moved, Hunter seconded a motion to close the public hearing and approve the variance allowing more than one ground sign for Lot 1, Eagandale Center Industrial Park No. 2, located north of Lone Oak Road and west of the Soo Line Railroad, subject to the following conditions: 1. The proposed signs are to be located at separate access points. 2. The signs are restricted to ground style signs displaying the name of the center only. 3. All other sign code regulations shall be complied with 4. All signage requires a permit issued by the City. Aye: 5 Nay: 0 c iasESS AMEND CITY CODE CHAPTER 10 TO CHANGE THE DOG LICENSE PERIOD FROM ONE TO TWO YEARS After an introduction by Mayor Egan, Administrator Hedges gave a staff report. Hunter moved, Masin seconded a motion to approve the amendment to City Code Chapter 10 as presented. Aye: 5 Nay: 0 REQUEST TO RECONSIDER PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - SAFARI-AT-EAGAN 3RD ADDITION After an introduction by Mayor Egan, Administrator Hedges explained the history of this request and procedures for reconsidering a motion. Mayor Egan stated he prefers not to debate this tonight. He asked whether it is more appropriate to continue this to another meeting or move to reconsider this and then continue it to another date. City Attorney Sheldon clarified that the Council can adopt any procedure they want. He recommended that the Council first make a determination as to whether to reconsider this and EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 8 then set it on for a future meeting. Councilmember Hunter asked whether a motion to reconsider could be construed as an admission that there was an error in the findings and City Attorney Sheldon Indicated It is simply a motion to reconsider. Councilmember Masin asked whether any action has been taken to terminate the planned development as was directed. Community Development Director Reichert noted that although that direction was given, the Mayor then suggested that prior to taking that action, that staff attempt to work with the applicant to see if the plan could be modified. Councilmember Hunter stated he feels there were some good points made in the letter and feels this warrants reconsideration. Hunter moved, Egan seconded a motion to continue this to August 1, 1995. After some discussion concerning the action to be taken, Counciimember Hunter withdrew his motion and moved to continue the request to reconsider to August 1, 1995. Masin seconded the motion. Bill Griffith, representing Fortune Realty, indicated he reserves the right to address this Issue on August 1, and added that he feels it is premature to move forward with the termination of the planned development until this issue Is resolved. Counciimember Masin took issue with that, noting that unless she knows what action is being taken to terminate the planned development, she doesn't feel she is in a position to vote on the request to reconsider. After discussion concerning the procedure, Councilmember Awada requested a friendly amendment to the motion to direct staff to begin the process to terminate the planned development. Following more discussion concerning procedure, Awada withdrew her motion. Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to direct staff to Initiate the process with the Planning Commission to terminate the planned development and rezone the property. Aye: 5 Nay: 0 PROJECT 665, SPECIAL ASSESSMENT LOT SURVEY (BLACKHAWK ROAD) After introductions by Mayor Egan and Administrator Hedges, Director of Public Works Colbert gave a staff report. Counciimember Hunter noted that he met with Mr. Cardinell and he was very cooperative and reasonable. He indicated he is willing to pay for this, but has had a long history of mistaken parcel descriptions on this property. Hunter indicated he feels this is a buildable lot; however, it is heavily wooded and is fairly steeply sloped, so it will be a more expensive lot. He suggested that the assessment be deferred indefinitely without interest until the city or Mr. Cardinell obtains a survey that verifies this is a buildable lot, or until the lot Is subdivided or sold. Considerable discussion followed concerning this assessment. Hunter moved, Wachter seconded a motion to enter into an agreement with Mr. Cardinell that his assessment be deferred without interest until a survey is obtained verifying that this Is a buildable lot, or until the lot is subdivided or sold; and that the assessment remains In force until or unless both parties sign the agreement. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - NAEGELE OUTDOOR ADVERTISING After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Mayor Egan indicated he feels the procedure that was followed up to this point needs to be addressed, and then the merits of this application can be considered. He feels the Planning Commission recommendation was at least partly based upon a policy the Council discussed at a workshop. The process has been very disjointed, and it is difficult to consolidate all of the discussions that have been held on conditional use permits. This policy was approved on the consent agenda without any Input or knowledge by Naegele. He is concerned about that. He feels Naegele should have been notified. If the Planning Commission made their recommendation based on that policy, he feels It Is misguided and EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 9 Inappropriate. He feels it is procedurally flawed. If he had known of the Implications of this policy, he would have asked all parties to be present for this. He feels the due process is just as important as the substance. Councilmember Hunter stated he feels that the Planning Commission minutes clearly show that that Is not the only reason for recommending denial. He does agree that whenever a clarification Is requested of the Council, the applicant should be notified of the discussion. Mayor Egan noted that the Planning Commission indicated they don't feel square footage for signs should be banked. Councilmember Masin stated she feels very strongly about the banking Issue. The City has already restricted the number of signs and size, and she sees no reason why they can't bank square footage. Councilmember Wachter indicated he agrees with the Planning Commission determination that it Is more than one sign. He feels it is three signs. Discussion followed concerning what is considered a sign and what is considered a sign face. Councilmember Awada stated she feels the ordinance is unclear on that point. Michael Cronin, representing Naegele Outdoor Advertising, addressed some Issues he has with the ordinance, and urged the Council to approve this sign proposal. He explained the concept for this sign and gave several arguments for considering this one sign. He noted that if the Council doesn't concur that it Is one sign, they can put up a standard sign; however, he feels the proposal will enhance the she. The site was chosen very carefully and it was felt this was the best site. He explained their proposal for the removal and replacement of three signs In Eagan, noting they are intending to do it In steps, and the result will be slightly less square footage. Mayor Egan asked about their agreement to not have any age restrictive advertising, and Mr. Cronin confirmed they will have no tobacco or alcohol advertising on this sign. Several concepts were discussed for this sign. Masin moved, Awada seconded a motion to amend the sign ordinance to allow banking of square footage for signs. Councilmember Hunter spoke in opposition to this amendment. Mayor Egan disagreed, indicating he concurs with the amendment. Hunter Indicated he could support it if a sunset provision were added. After some discussion, Hunter suggested a friendly amendment to the motion that banking be allowed for a maximum of two years. Aye: 5 Nay: 0 Discussion followed concerning the relocation of the signs Mr. Cronin explained their relocation and replacement plan. Mayor Egan noted that the end result not only reduces the largest sign, it reduces the aggregate total. Councilmember Masin commended Naegeie on their innovative design; however, she Indicated a concern about placing a sign this large in a lush, green area. She indicated she feels it really Is two signs due to the amount of space they take up. After considerable discussion, Hunter moved, Awada seconded a motion to approve a conditional use permit to allow an off-premise sign located on the south side of 1-494 on Outlot C, Robins Addition, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorders Office within 60 days of City approval, and proof of its recording shall be provided to the City. 2. All applicable city codes. Aye: 5 Nay: 0 Considerable discussion followed on the language In the sign ordinance. Community Development Director Reichert noted staff has several other concerns about the sign ordinance relating to extenders and language stating that when property is platted, the sign must come down. After some discussion, Wachter A~ ~x m r.r EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 10 moved, Egan seconded a motion to direct staff to review the ordinance. Aye: 5 Nay: 0 Councilmember Hunter noted that a letter should be directed to the Planning Commission due to the fact that this action Is contrary to the Planning Commission recommendation. POLICY DIRECTION ON TRASH RECEPTACLES AS OUTDOOR STORAGE After introducing this item, Mayor Egan asked whether the Council should proceed due to the fact that the person who requested this is not in the audience. Administrator Hedges indicated that staff is attempting to work with the person making this request and noted that a letter was sent to him Indicating it would be on the agenda tonight. Councilmember Hunter Indicated he is comfortable with the policy as It exists, especially due to the proposed size of this trash receptacle. He feels it should be kept as it Is. He noted that if business owners have an ordinance change suggestion, he would like to see something tangible to discuss. Councilmember Awada concurred, indicating she feels the policy works. Mayor Egan added that there is enough flexibility In the current policy. After considerable discussion concerning conditional use permits and their associated costs, the consensus of the Council was to make no changes at this time. CONTRACT 95-08, TIMBERLINE ADDITION PLAN APPROVAL Wachter moved, Awada seconded a motion to approve the plans and specifications for Contract 95-08 and authorize the advertisement for a competitive bid opening to be held at 10:30 a.m. on July 14, 1995. Aye: 5 Nay: 0 >151A"YV1lGQfNit'AL AIt$i'1' Mayor Egan noted that the League of Minnesota Cities Conference was excellent and thanked the staff members who participated In the conference. Council Policies. Administrator Hedges explained both policies as requested by Mayor Egan and considerable discussion followed concerning what should be placed on the consent agenda and how to shorten the length of the meetings. Some Ideas discussed were the amount of time spent on staff presentation and discussion by Councilmembers. Councilmember Hunter suggested that a sentence be added to state that no item be placed on the consent agenda If any discussion is foreseen. Egan moved, Hunter seconded a motion to adopt policies relating to formation of public policy and use of the consent agenda. Aye: 5 Nay: 0 Vacate Drainage and Utility Easement, Rahn Cliff 2nd and 3rd Addition. Director of Public Works Colbert gave a staff report on this request. Hunter moved, Awada seconded a motion to receive a petition and order a public hearing to be held on July 18, 1995 to consider the vacation of drainage and utility easements located within the Rahn Cliff 2nd and 3rd Additions. Aye: 5 Nay: 0 RI'~tND ~tiBCE Director of Public Works Colbert noted that the city and county will be working on the drainage problem on the Schwab property. He also noted that the crosswalk study was presented to the Advisory Parks, Recreation and Natural Resources Committee, and was In turn referred to the Recreation Subcommittee. Due to time constraints, he will not be able to bring it back to the Council on July 18 as was requested. He also noted that he has four people out distributing informational notices asking people to comply with the odd-even watering ban. fit. EAGAN CITY COUNCIL MINUTES; JUNE 20, 1995 PAGE 11 Councilmember Hunter asked whether all work has been stopped on the Inver Grove Heights project until the letter is received. Administrator Hedges noted that the letter has been received. Administrator Hedges noted that special workshops need to be scheduled for July. Hunter moved, Awada seconded a motion to schedule special work sessions at 5:00 p.m. on July 11 and 18. Aye: 5 Nay: 0 Parks and Recreation Director Vraa explained the reason for the proposed change order for the wading pool relating to additional costs for utility hookups. In order to get back on budget, he is suggesting the elimination of one of the play elements for the pool, changing the surfacing of the pool to a painted surface, and changing the chlorinator from gas chlorine to an erosion-type tablet. After some discussion, Awada moved, Hunter seconded a motion to approve the change order relating to the wading pool as presented. Aye: 5 Nay: 0 Councilmember Awada reported on a meeting of the Recreation Subcommittee relating to mosquito abatement. Mayor Egan reminded Councilmembers about the Dakota County Economic Development Partnership meeting on Thursday. E{1TE Wachter moved, Egan seconded a motion to approve the check register dated June 16, 1995 in the amount of $1,240,230.16. Aye: 5 Nay: 0 tOJCIURNMENT The meeting adjourned at 11:08 p.m. to continue the work session. DLP June 20, 1995 J41- - Date 4 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, sexual orientation, disability, age, marital status or status with regard to public assistance.