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09/06/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota September 6, 1994 A regular meeting of the Eagan City Council was held on Tuesday, September 6, 1994 at the Eagan Municipal Center. 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. AWRO Administrator Hedges noted he is expecting a special hunting permit application from Jerry Thomas. He will explain It further once he receives the application. He also noted that the final plat for Cliff Lake Townhomes should be moved to New Business because there Is a public hearing affecting the plat. Wachter moved, Hunter seconded a motion to adopt the agenda. Aye: 5 Nay: 0 MINUTES OF AUGUST 16, 1994 REGULAR MEETING Councilmember Hunter noted a correction on page 8. The last paragraph should read Alternate 7 instead of Alternate 6. Hunter moved, Wachter seconded a motion to approve the minutes of the August 16, 1994 regular meeting as corrected. Aye: 5 Nay: 0 MINUTES OF AUGUST 16, 1994 SPECIAL MEETING Councilmember Hunter requested that a sentence be added to state that the Council concurred with his statement that the Council's ratification Indicates the committee's commitment has been met. Wachter moved, Awada seconded a motion to approve the August 16, 1994 special meeting as corrected. Aye: 5 Nay: 0 MINUTES OF AUGUST 23, 1994 SPECIAL MEETING Awada moved, Hunter seconded a motion to approve the minutes of the August 23, 1994 special meeting as presented. Aye: 5 Nay: 0 (A correction was later noted on page 2, relating to the Parks and Recreation budget, by changing the sentence to read that the school district has agreed to consider funding the difference between the Youth Service Coordinator position being 3/4 time and full-time.) DeAnn Johnson, of LifeTime Fitness, expressed some concerns relative to the City's massage facility licensing ordinance. Some of the concerns expressed were the restriction that there cannot be anyone on the licensed premises before 8:00 a.m. and after 8:00 p.m.; the requirement that massage rooms cannot be locked; and the requirement that there must be a manager that has residence within the City of Eagan. She noted that they are a 24 hour facility and they don't have a manager residing in Eagan. Also, the massage rooms have a lot of expensive equipment in them, and if they aren't able to lock the rooms, they would have to disassemble the rooms every evening when the therapist leaves. She also noted that she was told by the Police Department, that due to the work load, they wouldn't be able to do their background investigation for 6-8 weeks. She noted that other background investigations have been done for other aspects of their business, and asked whether those investigations could be coordinated with this one to speed up the process. Administrator Hedges suggested that the company write a letter to him outlining the changes they recommend, and he will look into it. 0023 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 2 Hunter noted that the Council doesn't like to adopt policy and implement it at the same time. The Council can take a look at the ordinance, and If the ordinance is changed, LifeTime Fitness can then apply for the license under the new ordinance. They could still apply for a license under the current ordinance, even If they feel it Is too restrictive. Police Chief Geagan Indicated that there are 3-4 people who are interested In changing this ordinance, noting there are many Issues to consider. Councilmember Awada noted that this ordinance was written for massage parlors, and asked whether there have been any problems since the ordinance was passed. Police Chief Geagan indicated the ordinance was written because there was a significant problem. Awada suggested a general ordinance be written to eliminate the illegitimate businesses, but doesn't get overly restrictive with the legitimate businesses. Administrator Hedges Indicated he will work with Ms. Johnson on this Issue. DEPART TU[ENT: H EAD : BUS 1NESS Mayor Egan introduced this item as recognition of Cathy Sportelli and Judy Fox/Eagan Fire Community Service Award. Administrator Hedges gave a brief introduction, complimenting the Fire Department on the alcohol driving safety program for Eagan High School. Fire Chief Nelson noted that it was through the efforts of Cathy Sportelli and Judy Fox, who are spouses of two Eagan volunteer firefighters, that this program was brought to Eagan High School. He showed a news segment televised on KMSP Channel 9 on the program. Mayor Egan presented Eagan Fire Community Service Awards to Cathy Sportelli and Judy Fox and thanked them for their efforts. ....................N........................... EENA O In regard to Item K, Moratorium. Southeast Industrial Development. Councilmember Wachter requested this be moved to New Business. In regard to Item M, Authorize Advertisement for Bids. Street Sweeper. Councilmember Wachter asked why the City doesn't continue to contract for street sweeping If it is less expensive than doing it ourselves. Public Works Director Colbert stated he doesn't feel the City would save money by contracting. Councilmember Hunter asked why the sweeper Is only valued at $15,000. Public Works Director Colbert responded that it was due to depreciation. In regard to Item 0, Project 676, Receive Petition/Authorize Feasibility Report. Duckwood Estates - Streetlights. Councilmember Wachter asked whether the 47% of the affected property owners in favor of this has changed. Public Works Director Colbert indicated it has not. Discussion followed on the city's policy for additional street lights. In regard to Item P, Contract 94-15. Approve Plans/Authorize Ad for Bids. Timberline Sanitary Sewer Rehabilitation. Councilmember Wachter asked whether the City should go ahead with this project. Public Works Director Colbert responded he feels the City will incur substantial cost savings the sooner this corrective work Is done. In regard to Item BB, Award Bid, Police Department/Municipal Center Expansion. Security System. Dumbwaiter and Locker Packages. Councilmember Wachter asked whether this Is the same bidder. Police Chief Geagan noted there were some additional bidders on the security system, and they were all given the opportunity to rebid. In regard to Item H, Reagprove Preliminary Plat. Gardenwood Ponds. Councilmember Hunter asked whether this has been done before. Administrator Hedges noted that this was first on the agenda as an ' d EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 3 extension; however, since the plat had expired, they changed it to reapproval because rules do change, and the conditions may change because of it. It is not unusual to have plats expire. The feeling is that all they need to do Is file for an extension, and the approval is automatic. Councilmember Hunter suggested a letter be sent to the developer expressing that the Council doesn't like to do business that way, and that they need to file for an extension before the plat expires. Wachter and Egan concurred. A. Personnel Items Item 1. It was recommended to accept the resignation of Jill Eberlein, Clerical Technician III in the Engineering Division. Item 2. It was recommended to accept the resignation of Donna Rollins, Sign Inspector in the Community Development Department. Item 3. It was recommended to approve the hiring of Michael Lence as a building inspector. Item 4. It was recommended to approve the hiring of Debra Isaacson, Jon Cunningham and Vincent Laschiavo as seasonal park maintenance workers. B. Plumbers Licenses. It was recommended to approve the plumbers license for EconoPlumb, Inc. and Village Plumbing as presented. C. Resolution adopting a Comprehensive Guide Plan amendment for the Connelly/Soderholm Proposal. It was recommended to approve the resolution amending the comprehensive guide plan for the NW corner of Lexington Avenue and Diffley Road from D-1 (single family residential) to NB (neighborhood business). R-94.54 D. Resolution adopting a Comprehensive Guide Plan amendment for Elementary School #18. It was recommended to approve the resolution amending the comprehensive guide plan for Elementary School #18 from 0-I (single family residential) to PF (public facility). R-94.55 E. Final Plat. Town Centre 70 - 17th Addition. It was recommended to approve the final plat for Town Centre 70 - 17th Addition. R-94.56 F. Final Plat, St. Charles Wood. It was recommended to approve the final plat for St. Charles Wood Addition. R-94.57 G. Final Plat, Cliff Lake Townhomes. This item was moved to New Business. R-94.58 H. Reapprove Preliminary Plat, Gardenwood Ponds. It was recommended to reapprove the preliminary plat for Gardenwood Ponds of Eagan until July 19, 1995, subject to the additional condition that the wetland impacts that occur in a given phase of the plat must be mitigated as part of that same phase or part of an earlier phase. 1. Final Plat. Crestwood Addition. It was recommended to approve the final plat for Crestwood Addition. J. Final Plat, Country Hollow 3rd Addition. It was recommended to approve the final plat for Country Hollow 3rd Addition. R-94.60 K Moratorium. Southeast Industrial Development. This Item was moved to New Business. OO23:i EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 4 L New Manager, Holiday Inn. 2700 Pilot Knob Road. It was recommended to approve the revised management Information for the liquor license for the Holiday Inn located at 2700 Pilot Knob Road for Richard Rubesch as presented. M. Authorize Ad for Bids (Street Sweeper). It was recommended to authorize the advertisement for quotations for a new street sweeper to replace Unit #138. N. Authorize Land Acgulsition Process (Deerwood Reservoir). It was recommended to authorize staff to proceed with the acquisition of the land use for the future Deerwood Reservoir. 0. Project 676, Receive Petition /Authorize Feasibility Report (Duckwood Estates - Streetlights). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 676, Duckwood Estates streetlights. P. Contract 94-15. Approve Plans/Authorize Ad For Bids (Timberline Sanitary Sewer Rehabilitation) It was recommended to approve the plans for Contract 94-15 and authorize an advertisement for a bid opening to be held at 10:30 a.m., on Friday, September 16. 0. Contract 94-02 Receive Bids/Award Contract (Violet Lane Yankee Doodle Road and St. Francis Woods). It was recommended to receive the bids for Contract 94-02; award the contract to the lowest responsible bidder, omitting the St. Francis Woods storm sewer segment from the contract award; and authorize the Mayor and City Clerk to execute all related documents. R. Contract 94-13. Receive Bids/Award Contract (Municipal Center Grading_ Streets & Utilities). It was recommended to receive the bids for Contract 94-13 and award the contract to Imperial Developers In the total base bid of $618,622.90, including Alternate 1. S. Contract 94-06 Approve Change Order #2 (Wilderness Run 1-4 Additions, Street Reconstruction) It was recommended to approve Change Order #2 to Contract 94-06 and authorize the Mayor and City Clerk to execute all related documents. T. Contract 92-FF. Acknowledge Completion /Authorize City Maintenance (Burr Oak Hills 3rd Addition Streets & Utilities). It was recommended to acknowledge completion of Contract 92-FF and authorize perpetual City maintenance subject to related warranty provisions. U. Contract 93-0. Acknowledge Completion /Authorize City Maintenance (Four Oaks Estates Utilities). It was recommended to acknowledge completion of Contract 93-0 and authorize perpetual City maintenance subject to appropriate warranty provisions. V. Contract 90-J, Acknowledge Completion /Authorize City Maintenance (Summer Place 2nd Addition Streets Utilities). It was recommended to acknowledge completion of Contract 90-J and authorize perpetual City maintenance subject to appropriate warranty provisions. W. Contract 93-A. Acknowledge Completion /Authorize City Maintenance (River Bluff Townhomes Utilities). It was recommended to acknowledge completion of Contract 93-A and authorize perpetual City maintenance subject to appropriate warranty provisions. X. Contract 93-16. Approve Change Order #3 Lexington Diffley Athletic Site. It was recommended to approve Change Order #3 for Contract 93-16, in the amount of $3,141.60, increasing the revised contract amount to $805,352.01. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 5 Y. Resolution Requesting/Outlining Eaaan's Participation in Enhanced 9-1-1 Funding. It was recommended to approve the resolution. R-94.61 Z. Final Planned Development Agreement. Town Centre 100 Twelfth Addition - Mann Theater. it was recommended to approve the final planned development agreement for the Mann Theater. AA. Award Contract. Fire Department Heavy Duty Rescue Vehicle. It was recommended to award the bid for the Fire Department's heavy duty rescue vehicle to SVI in the amount of $231,898. BB. Award Bid, Police Department/Municigat Center Expansion, Security Systems, Dumb Waiter & Locker Packages. It was recommended to accept the bids for the security systems, dumb waiter and lockers and benches, reject the bids for lockers and benches and award the bids for dumb waiter and security systems to the apparent low bidders as presented. CC. Gambling License Exemption/Ducks Unlimited. It was recommended to approve a resolution for an exemption from the lawful gambling license requirement for the Eagan chapter of Ducks Unlimited as presented. R-94.62 DD. Project 675, Receive Feasibility Report/Order Public Hearing (Red Oak Addition Streets & Utilities). It was recommended to receive the feasibility report for Project 675 and schedule a public hearing to be held on October 4, 1994; and approve plans and specifications/authorize advertisement for bids for Contract 94- 16 (Red Oaks Addition Streets & Utilities and St. Francis Woods Storm Sewer) and schedule a bid opening for September 30, 1994 at 10:30 a.m. EE. Resolution Adopting Stipulation of Settlement. It was recommended to approve the resolution. R-94.63 Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ....l3(GN1lS VACATE PORTION OF PUBLIC RIGHT-OF-WAY & EASEMENTS (MENDOTA ROAD) Mayor Egan introduced this item as the vacation of a portion of public right-of-way and easements for Mendota Road. Administrator Hedges noted that both of these vacations are being considered together; however two separate petitions were received for different portions of Mendota Road, and two separate actions will be needed. Public Works Director Colbert indicated he feels these should both be discussed together because they are so closely related. He explained the location of both of these requests. He noted that one of the requests Is adjacent to Lots 6 and 7 of the Robert O'Neil homestead; and the other one is adjacent to Lots 7 and 8 of the Robert O'Neil homestead, and includes utility easements. He noted that People's Natural Gas has a pipeline running down the Mendota Road right-of-way, but he has been informed that they were able to secure a private easement for the pipeline from the property owners. Regarding the vacation of the utility easement, it runs through the old Contract Beverages building, that likely happened with one of their expansion projects. He Is concerned about that, because it Is a major trunk watermain. If it were to break, it would cause foundation problems for the structure and would be very difficult to repair. They have found discrepancies in the location, legal description and conveyance of the easement. He feels more research needs to be done to resolve the discrepancies. There may be a need to relocate this watermain. He suggested that the Council continue consideration of the vacation of this easement to a later date. OO2&? EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 6 Mayor Egan opened the public hearing to public comment. Since there was no one wishing to speak to this issue, he closed the hearing to public comment. Councilmember Hunter noted that since the property owner Is not aware of the utility easement discrepancy, he doesn't feel that portion of the public hearing be closed. Wachter moved, Masin seconded a motion to continue the public hearing and defer action on the vacation of that portion of the Mendota Road right-of-way adjacent to Lots 7 and 8 of the Robert O'Neil homestead. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to close the public hearing and vacate that portion of Mendota Road adjacent to Lots 6 and 7 of the Robert O'Neil homestead as described and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATE PORTION OF PUBLIC RIGHT-OF-WAY (BLACKHAWK ROAD) Mayor Egan introduced this item as the vacation of a portion of public right-of-way for Blackhawk Road. Administrator Hedges noted that a petition was received to consider this vacation adjacent to the proposed Cliff Lake Townhomes development. Public Works Director Colbert explained the location and noted there is a 59' excess right-of-way that is proposed to be vacated and incorporated Into the Cliff Lake Townhomes plat. In reviewing the application, he noted there is a watermain that cuts the corner at the intersection of Blackhawk Road and Cliff Lake Road. Looking at the long term traffic projection for this intersection, he anticipates there may be a need for future signalization of this intersection. Therefore, staff recommends that 49' be vacated rather than 59' as requested, to accommodate future needs. Mayor Egan then opened the public hearing for public comment. Since no one offered testimony, Mayor Egan closed the hearing to public comment. Awada moved, Wachter seconded a motion to close the public hearing and approve the vacation of Blackhawk Road with the description modified to reduce the vacation from 59' to 49' and authorize its recording at Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING (WOODLANDS N 3RD ADDITION) Mayor Egan Introduced this item as Project 648, Final Assessment Hearing for Woodlands N. 3rd Addition Streets & Utilities. Public Works Director Colbert explained the Improvements, and noted that the final assessment roll was prepared in accordance with the feasibility report. He noted that notices were sent to affected property owners, and he received an objection from the owner of Parcel 01102. That property owner objects to the amount of assessment based on the amount of benefit received. Mayor Egan then opened the public hearing to public comment. Cydney Welter, owner of Parcel 01402, noted that on June 1, 1993, she requested that the assessments on her parcel be postponed. There is a landfill on a portion of her property and it is undevelopable. It was to be further reviewed, but it hasn't been since that time. Public Works Director Colbert noted there has been no further action on that request because they have no information that meets the criteria to postpone the special assessment. He noted the easterly portion of this area was a low area that was filled with demolition landfill. The rest of the parcel is developable. Ms. Welter clarified that this is split Into two parcels. She noted they had to purchase the easterly parcel because of the driveway OOZ~d EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 7 easement. She Indicated she has talked to several developers and they all say It is not developable because of the landfill. She has a lot of information from the Minnesota Pollution Control Agency and letters from developers stating they won't develop it. This assessment creates a huge financial hardship for her family and they will receive no benefit. Mayor Egan asked whether this issue is time sensitive. Public Works Director Colbert indicated It is not. Mayor Egan recommended action on this be deferred until this issue Is cleared up. Hunter concurred, and recommended that Ms. Welter convey any documentation to the Public Works Director. Wachter moved, Masin seconded a motion to continue this to October 18, 1994. Aye: 5 Nay: 0 .WS NESS Administrator Hedges noted that relative to the special hunting permit for Jerry Thomas, he received word that he is withdrawing his application. EAGAN CIVIC ARENA Mayor Egan delayed discussion on this because members of the Civic Arena Committee were not present. N VIir US:INE;_ I CERTIFICATION OF PROPOSED 1995 PROPERTY TAX LEVY PROPOSED 1995 BUDGET/TRUTH IN TAXATION HEARING DATES Administrator Hedges stated that the City Council reviewed the preliminary draft of the 1995 budget on August 23rd and noted that there will be no property tax capacity rate increase, and the budget increase Is under 4.5%. He reviewed the proposed Truth in Taxation dates and noted that if any member of the public has questions or concerns, they can be addressed at the hearings. Mayor Egan added that once the proposed budget Is adopted, the amount can only be reduced; it cannot be increased. Hunter moved, Wachter seconded a motion to authorize the certification of the proposed 1995 budget and the 1995 property tax levy. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to set the Truth in Taxation hearing for December 7, the continuation hearing for December 14 and the subsequent hearing for December 19 if needed. Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion to change the date of the first regular City Council meeting in December from Tuesday, December 6, to Wednesday, December 7. Aye: 5 Nay: 0 EAGAN CIVIC ARENA Mayor Egan Introduced this item as the Eagan Civic Arena project. Administrator Hedges gave a brief history of this project and the financial commitment to be made by the City based on the goal reached by the Civic Arena Fundraising Committee of $600,000 in private contributions. He explained the work of the two Council subcommittees to keep the project within the $1.9 million budget and verify the pledges of the Civic Arena Fundralsing Committee. Councilmember Hunter noted that the verification was very thorough and detailed, and the results were very close to the committee's report. Mayor Egan stated he Is confident that the City has put together a very lean project that will lead to the construction of this facility within the budget, and one the community will be proud of. Councilmember Wachter indicated he has concerns about going ahead with the wading pool right now. He Indicated he would like to see how the bids come in on the Municipal Center, Police Department EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 8 and Civic Arena and take that into consideration before going ahead with it. Councilmember Awada complimented the committee on their fundraising effort. Hunter moved, Awada seconded a motion to acknowledge that the Civic Arena Fundraising Committee verification has been completed; direct that if the bids exceed the budget, the City Council shall determine how the project will be financed at the time the bids are received; and that the Civic Arena Fundraising Committee is authorized to collect the pledges. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to authorize plans and specifications with specific direction relative to a base bid and alternates. Aye: 5 Nay: 0 Mayor Egan complimented the committee, and stated he feels the community really came together on this project. The community was presented with a challenge and the challenge was met. There was a great level of cooperation and coordination. The committee deserves a tremendous amount of congratulations. APPOINTMENT/DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP BOARD Mayor Egan introduced this item as appointment to the Dakota County Economic Development Partnership Board. Administrator Hedges noted that the bylaws of the Dakota County Economic Development Partnership entitle the City of Eagan to appoint a representative to their Board of Directors. Councilmembers Wachter and Masin expressed an interest in serving on this board. Egan moved, Hunter seconded a motion to appoint Councilmember Wachter to the Dakota County Economic Development Partnership Board of Directors, with Councilmember Masin as an alternate. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/R.J. RYAN CONSTRUCTION Mayor Egan introduced this item as a conditional use permit for R.J. Ryan Construction, to allow a truck and freight terminal in an I-1, Light Industrial district, located on Lots 9, 10 and 11, Block 2, Eagandale Center Industrial Park No. 2. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this and recommends approval subject to a number of conditions. Community Development Director Reichert explained the location and proposal. Awada moved, Hunter seconded a motion to approve the conditional use permit for R.J. Ryan Construction, subject to the following conditions: 1. This Conditional Use Permit must be recorded with Dakota County within 60 days of approval with documentation supplied to the City. 2. A Lot Combination Agreement combining Lots 9, 10 & 11, Block 2, Eagandale Center Industrial Park No. 2 must be recorded with Dakota County within 60 days of approval of this conditional use permit, with documentation supplied to the City. 3. Rooftop mechanical equipment must not be visible from any right-of-way line. 4. The development must submit a detailed grading, drainage and erosion control plan for City review and approval with the building permit submittal. 5. The development must construct a storm sewer system that will collect the runoff from this site and convey the storm water to the existing storm sewer system on Lone Oak Circle. 6. The sanitary sewer service shall include a manhole at the right-of-way line of Lone Oak Circle. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 9 7. The driveway connections to Lone Oak Circle shall be constructed with concrete aprons with a minimum width of 30'. 8. Normal maintenance of the bituminous parking lot shall be performed to keep the lot functioning to City standards. 9. The developer will submit a revised site plan indicating 10' parking stalls and the location to be used for proof of parking. 10. All trash/recycling shall be located within the building. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/WEST PUBLISHING COMPANY Mayor Egan introduced this item as a Planned Development Amendment for West Publishing Company, to revise the Preliminary Development Plan for Phase 11 to allow 450,000 square feet of office space in lieu of the previously approved 740,000 square foot manufacturing/warehouse building and final development plan approval to allow construction of a 318,000 square foot expansion of the existing six-story office building as Part A of revised Phase 11 within the West Publishing Campus located north of Wescott Road, west of State Highway 149 in Section 13. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this on January 23, and recommend approval subject to conditions. Community Development Director Reichert explained the location and proposal. She noted that the Pollution Control Agency has approved the changes to their indirect source permit. Hunter moved, Awada seconded a motion to approve an amendment to the preliminary planned development Phase it for West Publishing to allow 450,000 square feet of office space in lieu of the approved but undeveloped 740,000 square foot manufacturing and warehouse building, in the northeastern portion of the West Publishing campus in Section 13, subject to the following conditions: 1. Documentation is provided to the City confirming MPCA's consent to allow West Publishing to implement this design change to ISP 90-17. 2. Execution of an amended Planned Development Agreement document. 3. Final Development Plan approval of Part B of the revised Phase Il. Aye: 5 Nay: 0 Hunter Indicated he is appreciative of what West Publishing has done for the community. Hunter moved, Masin seconded a motion to approve a final development plan for Phase II, Part A, consisting of a 318,000 square foot expansion to the existing six story building, subject to acknowledgement from the MPCA allowing West Publishing to Implement the revised Preliminary Development Plan as a minor design change to ISP 90-17. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/NATIONAL PROPANE COMPANY Mayor Egan Introduced this item as a conditional use permit for National Propane Company, to allow outdoor storage of a propane dispenser on Lot 1, Block 1, SuperAmerica Addition. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on August 23 and recommended against this request because it doesn't meet the standards for outside storage. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 10 Community Development Director Reichert explained the location and request. She noted that outside storage requires screening, and because it Is a propane tank, It Is difficult to meet those standards because It cannot be enclosed. The Planning Commission's concern was that it is on one of the most visible comers and In the area proposed for the downtown vision. They felt this Is not the proper location for this type of activity. Jeremy Meyer, representing SuperAmerica noted that he has seen pictures of other propane tanks Installed by National Propane, and they landscape It so It is nearly invisible. He noted that the regulations for outside storage state it must be attached to a building, yet the Fire Code states propane tanks must be 60 feet away from any building. Since the ordinances conflict, It Is Impossible to Install one In the City of Eagan. Discussion followed concerning an existing propane tank at Diffley and Nichols Road and whether It was Installed before or after the ordinance was changed. Hunter stated he feels If another one was allowed to be Installed under this ordinance, it would be arbitrary to turn this one down. After some discussion, It was determined that the situations were different. Councilmember Wachter asked if there is a need for this. Jeremy Meyer stated they get requests every day from people asking if they provide propane. Councilmember Hunter stated he feels there Is a need for this, and he disagrees that it is impossible to have a propane tank in the city. He noted that safety is another issue with the proposed location being so close to a busy intersection. He questioned the use of a cedar enclosure. He feels brick would be more appropriate. Awada and Wachter concurred that there is a need for this type of service. Discussion followed concerning where the best location would be for this propane tank, and how the fence should be constructed. Councilmember Hunter noted that the Planning Commission stated this request does not meet the requirement of being compatible with the general vicinity and not change the character of the area or substantially diminish or impair property values; however, It wasn't stated why it doesn't meet that criteria. Community Development Director Reichert noted that this intersection is in the heart of the city proposed for urban design. They felt it was Inappropriate to put the propane tank in such a dense area. Mayor Egan stated he doesn't see why the Council would turn down a request for this SuperAmerica Station, discriminating only because of this SuperAmerica Station's location relative to Eagan's proposed downtown. Wachter stated he doesn't have a problem with It as long as It is constructed with compatible materials and landscaped. Community Development Director Reichert noted that the applicant proposed a 6 foot cedar weave fence, and the Fire Marshall stated that was acceptable if It Is 4 feet away from the tank and on two sides only. Awada stated she feels it should be a brick fence with trees around it. Wachter concurred, stating it should be a 6 foot brick fence. Hunter noted the report states the Fire Marshal "prefers" it to be two sided. Awada stated she feels it should be three sided, with a partial fourth side on each end. Hunter moved, Wachter seconded a motion to approve the conditional use permit for National Propane Company, subject to the following conditions: 1. This conditional use permit must be recorded with Dakota County within 60 days of approval with documentation supplied to the City. 2. All State of Minnesota Fire Codes must be complied with. 3. All landscaping must be in conformance with Chapter 11, Subd. 15. 4. The fence shall be 6' high, constructed of brick, and three sided, with a partial fourth side on each end, subject to approval by the Fire Marshall, and located no less than 4' from the propane tank. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 11Q. 5. The site plan must be revised to reflect the 'no parking' sign locations and the no parking pavement marking area. 6. The site plan must be revised to more clearly Identify the bollards around the entire propane dispenser. 7. No signage shall be permitted on the fence. 8. The fence shall be constructed of an earth tone neutral color brick. Aye: 5 Nay: 0 FINAL PLAT/CLIFF LAKE TOWNHOMES Mayor Egan introduced this item as the final plat for Cliff Lake Townhomes. Public Works Director Colbert noted that because the vacation was adjusted, the final plat will need to be modified as well. Wachter moved, Awada seconded a motion to approve the final plat of Cliff Lake Townhomes, subject to modification of final plat documents to reflect the revised right-of-way. Aye: 5 Nay: 0 MORATORIUM/SOUTHEAST INDUSTRIAL DEVELOPMENT Mayor Egan introduced this item as a moratorium on southeast industrial development. Administrator Hedges indicated he received a letter from Wood Machine Inc. objecting to this request. Community Development Director Reichert reviewed the history of and reason for this request. The Council directed that a land use study and a potential comprehensive plan amendment be initiated. When this has been done before, a moratorium on development was established until the future of the area was determined. If the Council gives this direction, a public hearing will be held before the Planning Commission, and will be back to the City Council for consideration on October 4th. She noted that the letter from the Woods Is objecting to the potential rezoning. It will be several months before that issue comes before the Council. Her office has also received a lot of phone calls from residents of that area who are concerned about the noise from the Gun Club. She pointed out that even if this area gets rezoned, non-conforming uses will still be allowed to exist. Mayor Egan pointed out that nonconforming uses cannot expand, and that is what the Woods wish to do. Councilmember Wachter expressed a concern about the lead content of the soil at the Gun Club. Gary Wood, of Wood Machine, Inc. indicated he and the neighboring businesses would like to be in on the discussions of what will happen in this area. Councilmember Hunter noted that the Council has always been open and holds public hearings on almost everything. The reason they haven't heard anything is because nothing has happened. The property owners will be notified when the public hearing process starts. There is nothing going on behind the scenes. Mayor Egan stated he feels this needs to come to a conclusion, and the way to do it Is to undertake this study. Kevin Mellon, owner of Magnum Towing, indicated his business has been in Halley's Addition for approximately eight years with a conditional use permit. The last year and a half, their presence there has been In limbo. When the school board decided not to take the property, he and the property owners came to terms on the purchase of the property. He ordered the building, and arranged for financing. He needs to apply for a building permit so they can get the building built by mid-October. Because of his contracts with the state, county, and surrounding municipalities, they need the building on that lot. He has looked at other sites, but he wouldn't be able to fulfill all of their contracts at another site. Mayor Egan noted that even if it Is rezoned, his company can operate as a non-conforming use. Mellon responded that he needs to get the building up this year as part of the financing. After considerable discussion, City Attorney Sheldon EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 12 reminded the Council and audience that the issue before the Council is a policy issue, and Mr. Mellon Is discussing his individual land use issue. The issue to be discussed is whether the Council should direct staff to prepare an interim moratorium ordinance to study this area. After more discussion concerning his property, Mr. Mellon urged staff to not establish a moratorium. John Oberg Indicated he would like to be brought Into the discussions on this study. He noted that banks don't want to finance properties that are non-conforming uses. Also, as a non-conforming use, he cannot be competitive In the marketplace and he can't make leasehold Improvements to his property. City Attorney Sheldon again reminded the Council and audience that this discussion Is trying to debate an ordinance that is not In existence. The action requested is to direct staff to prepare the ordinance. The argument against the ordinance should occur at the public hearing. Hunter suggested that any Input on the drafting of the ordinance should be given to staff. After more discussion, Hunter moved, Wachter seconded a motion to direct the initiation of an Interim ordinance establishing a moratorium on development In the southeast industrial area pending a completion of the comprehensive plan evaluation. Aye: 5 Nay: 0 Councilmember Hunter gave a report on the Site Selection Task Force, noting they discussed the criteria for selecting a site, and will be narrowing down the sites and making a recommendation. He noted that boundary changes are also being discussed. OUND POP Administrator Hedges noted that Mayor Egan and Councilmember Awada will be speaking to the Airport Relations Committee on September 13th at 7:00 p.m. to provide an update on the N.O.I.S.E. Conference. He noted that Councilmembers Awada and Hunter will be meeting with John Ruggieri on September 23rd at 7:30 a.m. He Indicated there is a need for a special workshop on September 27th at 5:00 p.m. to discuss the building expansion and meet with the Burnsville City Council and the Joint Cable Commission at 7:00 p.m. Councilmember Hunter noted he is interested In seeing a position description for the Cable Coordinator. Wachter moved, Awada seconded a motion to set a special Council meeting on September 27, 1994. Aye: 5 Nay: 0 Councilmember Wachter thanked the Public Works Director for writing to MnDOT requesting a special speed limit for trucks. He also mentioned that consideration should be given to increasing building permits fees. He noted he has been getting complaints about the Blackhawk Road construction project. Public Works Director Colbert responded the project got delayed due to the lowering of the Williams Pipeline. The curbing should be Installed this week. Wachter indicated he has received reports that Aagard Environmental Services is operating as a transfer station. Administrator Hedges noted he has been checking Into that situation, and will continue to do so. Wachter referred to the Information on future downtowns received from Councilmember Masin. He feels someone should go to this seminar. Awada indicated she would like more information on the seminar to see if it is on creating future downtowns or revitalizing old downtowns. The Council asked the City Administrator to check Into this further. Administrator Hedges Indicated he can check on other seminars as well. Mayor Egan asked about the invitation to the grand opening of LifeTlme Fitness and whether It is appropriate for Council members to attend. Administrator Hedges noted that the City of Eagan Gift Policy Is very conservative, and upon checking with the City Attorney, Mr. Sheldon recommended against attending and further recommended that if Council members do attend, they not accept any food. Mayor Egan noted that this Is a community event and Council members try to be accessible to the public, so he feels Council members should be a part of this event. llllll 'l Z:g EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 13 CHECK REGISTER Wachter moved, Egan seconded a motion to approve the checklist dated September 1, 1994, in the amount of $2,419,269.61. Aye: 5 Nay: 0 ADJOURNMENT Masin moved, Egan seconded a motion to adjourn the meeting at 9:49 p.m. Aye: 5 Nay: 0 DLP NAAkAk September 6, 1994 Date 4 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.