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08/15/2000 - City Council Regular 00235 MINUfES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 15, 2000 A regular meeting of the Eagan City Council was held on Tuesday, August 15, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Counci1members Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. l&~A City Administrator Hedges noted that the City of Burnsville had requested a letter of support regarding the proposed amphitheater and added that this item would be added to the Administrative Agenda. Mayor Awada stated that Personnel- Item 7, Termination of the employment of David Koski, a utility maintenance worker, would be separated from the Consent Agenda and considered separately at the request of Mr. Koski's attorney. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 ~'Q~~A..YQuStt!;~q$~i~t:M~J$~imQ Counci1member Carlson moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 i:iridi:~S""':':^'ri:TiYri':':::':'1"t:G""" i"'S.....;;r::...ririh'1'niriti::mEl..tNh. .... ~.v .....I.U... ......"...:.u...: .:.Ii '..1:0 ..' . \vr;t;n. ..LAv.&...~.J:>a.:r:;....' \.'$. V~Mtl ,.,:, .:. . ". 0.. .. .. ...... ................ ..-......., .....-...,... ..-.,-....... .. ............................- .., ,........ ..............................................................................................................,..........,......... Councilmember Masin requested that the first sentence in paragraph four under Presentation of Check to Eagan Foundation on page two be revised as follows, "Councilmember Masin urged residents to document their experience with the flood and offer any suggestions they may have for infrastructure review and for updating and improving the City's Emergency Management Plan." She also noted a typographical error in the first sentence on page three as follows, Bray should be changed to Ray. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Y!st'tQi$l'QI~.fl~P PRESENT ATlON OF CHECK BY NORTHWEST AIRLINES Meg Tilley from the Eagan Foundation was present to accept a check in the amount of $10,000 from Jeff Smith, Director of Corporate Relations from Northwest Airlines. Ms. Tilley provided an update on the Eagan Foundation's Flood Relief Fund noting that they have raised $89,000 to date, including the $10,000 donation by Northwest Airlines. Margaret Schreiner mentioned that the Unmet Needs Committee would be holding their first meeting tomorrow. Karen Flood, representing the League of Women Voters, mentioned that a candidate forum would be held on August 16 at 7:00 p.m. in the Council Chambers. She added that the forum would be broadcast live and re-broadcast several additional times. She expressed concern about election signs 00236 EAGAN CITY COUNCIL MEETING MINUTF5; AUGUST 15, 2000 PAGE 2 and asked if the candidates would be required to remove all political signs following the Primary Election prior to the General Election. Councilmember Carlson stated that state law provides that the signs need to be removed ten days after an election. She further stated that this would only apply to the candidates who do not get elected in the Primary. She added that the other candidates do not have to remove their signs until after the General Election. City Administrator Hedges noted that the City Council discussed election signage in the spedal City Council meeting prior to the regular meeting. He said that this issue would be discussed again at the November 21, 2000 special City Council meeting. GQ~$!ijXq~tXGQt.1N~..~~1:>-~$;~WQ3~:tQ~.~~Jm~$ JULy 8 AND 9 STORM UPDATE City Administrator Hedges referenced a letter that would be sent to residents affected by the flood. He added that the Disaster Resources Center is still open in the Community Room. He mentioned that the last day for registration with FEMA is August 29. He added that the SBA has processed approximately 600 loans. He further added that the City of Eagan has purchased a moisture meter and building inspectors will inspect residents' homes if they call City Hall and request the service. He stated that debris pick up was extended to August 28. He said that every property within the City is eligible for flood insurance. He added that support groups are meeting at St. John Neumann Church. Councilmember Masin stated that she had asked City Administrator Hedges about the City signing a resolution supporting the healthy communities initiative. City Administrator Hedges stated that some information had just been received in the mail and it would be placed on the September 5 City Council agenda. Coundlmember Masin referenced information that was submitted by Michael Vincent taking exception with a statement made by Coundlmember Bakken at the July 5, 2000 City Council meeting pertaining to a lawsuit against Mayor Awada, Coundlmembers Carlson and Bakken and the City of Eagan. She expressed concern with Coundlmembers making inaccurate statements. Mayor Awada stated that the comments were not incorrect. CENTRAL PARK UPDATE City Administrator Hedges stated that the City has received all the proposals from the General Architects, Park Planners and Construction Managers. He noted that interviews would be held next week with each of the consulting firms. g9N~~,t\.G~P.A. A. Personnel Items Item 1. It was recommended to approve the hiring of Richard Evans, Thomas Fadden and Nathan Taarud as Police Officers. Item 2. It was recommended to approve the hiring of Jeff Freeman as a temporary football offidal. Item 3. It was recommended to approve the hiring of Thomas Balk and Matt Brek as seasonal park maintenance workers. Item 4. It was recommended to approve the hiring of a person to be recommended as a Oerical Technician III in the Fire Department. 00237 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 15, 2000 PAGE 3 Item 5. It was recommended to accept the resignation of Loni Sauber as a part-time building maintenance worker. Item 6. It was recommended to accept the resignation of Tim Fadden, a Building Inspector. Item 7. This item was pulled from the Consent Agenda at the request of Mr. Koski's attorney. B. Contract 00-07, receive bids (Hwy. 13 upgrade). It was recommended to receive the bids for Contract 00-07 (TH 13/Blackhawk Road - Divided Four-Lane Upgrade) and forward the results to the Minnesota Department of Transportation (MnDOT) recommending approval and award of contract to the successful low bidder. C. Contract 00-01, approve Change Order and request for extended work hours (Cliff Rd. Water Treatment Fadllty - Masonry Restoration). It was recommended to approve Change Order #1 and request for working hour variance for Contract 00-01 (Cliff Road Water Treatment Plant - Masonry Restoration), and authorize the Mayor and Deputy Oerk to execute all related documents. D. Project 680, authorize conveyance of land for public right-of-way (Cliff Rd. Upgrade). It was recommended to approve the conveyance of City property for public right-of-way for Project 680 (Cliff Road Upgrade) and authorize the Mayor and Deputy Oerk to execute all related documents. E. Project 96-HH, acknowledge completion! authorize City maintenance (Eagan Oaks 2nd Add.). It was recommended to acknowledge the completion of Project 99-S (Eagan Oaks 2nd Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. F. Contract 00-10, approve Change Order No.1 (Bituminous Seal Coat "Liquid Road" & Striping - City Streets & Parking Lots). It was recommended to approve Change Order No.1 to Contract 00-10 (Bituminous Seal Coat "Liquid Road - City Streets & Parking Lots) and authorize the Mayor and City Oerk to execute all related documents. G. Project 784, approve easement acquisition and assessment agreement (Louis Lane - Streets and Utilities). It was recommended to approve the easement and assessment agreement for Project 784 (Louis Lane - streets and utilities) and authorize the mayor and deputy clerk to execute all related documents. H. Review list of judges for the September 12, 2000 Primary Election and consider approval thereof. It was recommended to approve the list of election judges for the September 12, 2000 Primary Election. I. Final Planned Development, CSM, Ine. to allow a 77,300 SF office-showroom located north of Lone Oak Road and west of Lone Oak Drive on the 21 acre Lot 2, Block 2, Blue Ridge Addition in the SW 1/4 of Section 1. It was recommended to approve a Final Planned Development to allow a single story, 77,282 square foot office-showroom building upon a 20.7 acre site located south of Waters Road and west of Lone Oak Drive upon property platted as Lot 2, Block 2, Blue Ridge Addition (within the SW 1/4 of Section 1). J. Project 750, receive feasibility report, schedule public hearing (Hwy. 55 So. Frontage Rd. - west of Hwy. 149). It was recommended to receive the feasibility report for Project 750 (Hwy. 55 and Blue Water Road - South Frontage Road, Access Modifications and Signalization) and schedule a public hearing to be held on September 19, 2000. K. Comprehensive Guide Plan Amendment, Wal-Mart Stores, Ine., amending the use of 15 acres from IND (Limited Industrial) to CPD (Commerdal Planned Development), Planned Development Amendment to allow retail and a pylon sign & Final Planned Development for a Sam's Oub for Lot 3, Block 1, Eagandale Center Industrial Park No.9, located on Denmark Ave. and I-35E, south of Homestead Village across from Oubview Drive in the NE 1/4 of Section 10. It was recommended to approve and implement a Comprehensive Guide Plan Amendment to change the land use designation of approximately 15 acres located east of I-35E and south of Lone Oak Road, from Limited Industrial (I- I) to Commerdal Planned Development (CPO) and to approve a Planned Development Amendment to 00238 EAGAN CITY COUNCIL MEETING MINUTF5; AUGUST 15, 2000 PAGE 4 allow retail use and a pylon sign, and a Final Planned Development (Sam's Club) on approximately 15 acres located east of I-35E and south of Lone Oak Road in the NE 1;4 of Section 10 subject to the conditions in the June 27 APC meeting minutes. L. Findings of Facts, Conclusions & Resolution of Denial for Blackhawk Glen 4th Addition - Doug 00- 51 Hoskin. It was recommended to confirm the Findings of Fact, Conclusions & Resolution of Denial ofilie Easement Vacation and Minor Subdivision request of Doug Hoskin to create two lots located at 3640 Birchpond Road in the SW % of Section 16. M. Accept resignation from the Airport Relations Commission. It was recommended to accept the resignation of Alice Kreitz from the Airport Relations Commission. N. License renewal, tree contractor. It was recommended to approve the license renewal for The Tree Stump Company. O. Lexington Pointe 14th - trail easement. It was recommended to amend the development agreement for Lexington Pointe 14th regarding trail location. P. Automated pawn system service agreement with the Minneapolis Police Department. It was recommended to approve an agreement between the Minneapolis Police Department and the City of Eagan which would allow Eagan Police Officers to access pawn shop data from across the metro area. Q. 1999-2001 Minnesota ReLeaf Community Forest Health Grant Agreement. It was recommended to accept the 1999-2001 Minnesota ReLeaf Community Forest Health Program Grant from the Minnesota Department of Natural Resources and authorize the Mayor and City Oerk to execute the appropriate documents. R. Amendment to the MLC Toint and Cooperative Agreement. It was recommended to approve a resolution amending the MLC Joint and Cooperative Agreement. 00 - 5 0 Councilmember Bakken moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Awada seconded a motion to terminate the employment of David Koski, a utility maintenance worker. City Administrator Hedges stated that, upon the advice of the City's Labor Attorney John Roszak, this item should not be publicly discussed by the City Council. An attorney representing Mr. Koski provided background information regarding the criminal case against Mr. Koski. He noted that Mr. Koski was convicted of a crime, but the case is now on appeal. He asked the Council not to terminate Mr. Koski until the appeal process is over. Mr. Koski stated that he reviewed the City's Personnel Policy and was not aware that he had to disclose his conviction. Mr. Roszak commented that all the information provided by Mr. Koski's attorney was presented in two prior meetings with Mr. Koski and the union. Councilmember Masin asked what would happen if the appeals court were to reverse the decision and Mr. Koski had been terminated by the City Council. Mr. Roszak stated that the termination would still be upheld. Mayor Awada stated that if the conviction is reversed upon appeal she could only offer an apology to Mr. Koski, but added that at this point she needs to act according to staffs recommendation. Councilmember Bakken concurred. A vote was taken on the motion. Aye: 5 Nay: 0 O(\r),rys J,.;;;,u EAGAN CI1Y COUNCIL MEETING MINUTES; AUGUST 15,2000 PAGE 5 fpj.JP!qJm~GS VACATE PUBLIC DRAINAGE & UTILITY EASEMENT (CINNAMON RIDGE 2ND ADDmON) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of a public drainage and utility easement on Lot 13, Block 1, Cinnamon Ridge 2nd Addition and authorize the Mayor and City Oerk to execute all related documents. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 V ACATE PUBLIC DRAINAGE & UfILITY EASEMENT (SILVER BELL ADDmON - OUTLOTS 2 & 3) City Administrator Hedges provided an overview on this item. City Attorney Dougherty stated that the hearing for this item should be opened and closed and discussion should occur at the time of New Business Item A, Conditional Use Permit - Space Center Air Cargo, Inc. Mayor Awada opened and closed the public hearing. VARIANCE - KATHLEEN ANDERSONjDENNIS DRINKWINE LOT 5, BLOCK 4, COVENTRY PASS - 607 EDEN CIRCLE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. She asked the applicant why they did not want to shift the garage addition to the south. Dennis Drinkwine, applicant, stated that if the garage were shifted back it would decrease the visibility from the laundry room window. Councilmember Masin asked what Mr. Drinkwine's neighbors thought of the variance. He stated that no one objected. Councilmember Bakken questioned if the north fadng entrance could be shifted south five feet without creating a negative impact. Mr. Drinkwine stated that a five-foot shift would still cause limited visibility. He expressed concern about security and added that they would likely be vulnerable to break-ins. Kathleen Anderson, applicant, stated that shifting the garage further back would negatively impact the roofline. She added that the garage would be similar in appearance to the other garages in the neighborhood if the variance were approved. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Variance of approximately 6 feet to the required thirty-foot setback from a public right-of-way for a garage addition at 607 Eden Circle, legally described as Lot 5, Block 4, Coventry Pass, located in the NE 1/4 of Section 34 subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition has been granted by the Council. Such 00':>'-: 0 !f.I':J:. EAGAN CITY COUNCIL MEETING MINUTFS; AUGUST 15, 2000 PAGE 6 extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Coundlmember Blomquist requested that the reasons supporting a hardship, such as the negative impact to the roofline, security concerns and loss of visibility from the laundry room, be included in the record. Councilmember Bakken stated that these reasons are not considered legal hardships. He said that he was comfortable approving the variance because it was in keeping with the character of the neighborhood. A vote was taken on the motion. Aye: 5 Nay: 0 MINOR SUBDIVISION - BRUCE KONOLD (KONOLD ADDmON) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Counci1member Bakken moved to open the item for public input. All voted in favor. Bruce Konold, applicant, stated that one of their neighbors subdivided one lot into two. He added that the two subdivided lots would each be larger than some of the other lots to the west and south and would be consistent with the neighborhood. Kelly Storla, 1431 Lone Oak Road, expressed his opposition to the lot split and said he was concerned about how this would affect the aesthetics of the neighborhood. He further said that this would diminish the property values. He added that this would be inconsistent with the rest of the neighborhood. He further added that it would take a great deal of effort to wedge a home onto the new lot. He expressed concern with a road across an existing yard and added that this would present safety issues due to headlights blinding oncoming cars. He also expressed concern about the potential of Lone Oak Road becoming a four-lane roadway and the proximity of the new driveway to the road. He stated that he was concerned that the Konolds may sell their home and not be around to bear the impact of the lot split. Gail McMahon, 1429 Lone Oak Road, stated that she shares a driveway with the Konolds. She mentioned that she outlined her concerns in a letter to the City Council, which included access to the newly created lot, safety, traffic, headlight glare, water runoff, change in housing density and aesthetic issues. She stated that the Konolds have renters in their house who also utilize the shared driveway. She also said she had heard that the Konolds were planning to move. She added that they did not approach the neighbors with this proposal. Another resident expressed their opposition to the lot split. Bruce Konold, applicant, stated that they do not have any definitive plans to sell their home. He added that the size of the two lots would be consistent with four other properties in the area. He added that they respect their neighbors' opinions. He further added that they had mentioned the potential of a lot split several years ago and the previous owner of the property had also discussed the potential of a lot split. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. 0021.~1 EAGAN Cln COUNCIL MEETING MINUTF5; AUGUST 15, 2000 PAGE 7 Councilmember Blomquist said she was concerned about the shared driveway and the headlight glare. She added that it appears as if this house will have to be wedged onto the lot in order to meet the setback requirements. She expressed concern about the Konolds utilizing their home as rental property, which was originally built to accommodate the previous owner's mother. She stated that the concern always exists that a mother-in-law apartment will be changed into rental property. Councilmember Carlson concurred. She added that this subdivision of this lot was not meant to occur. She further expressed concern with safety and headlight glare. She stated that it is a matter of time before the County improves Lone Oak Road and the driveway would be intrusive and an eyesore for the neighborhood. Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct the preparation of Findings of Fact, Conclusions and a Resolution of Denial for the Minor Subdivision (Konold Addition) located north of Lone Oak Road and west of Pilot Knob Road in the SE 1/4 of Section 4 for consideration at the September 5, 2000 City Council meeting. Councilmember Blomquist stated that the reasons supporting denial included safety issues related to Lone Oak Road, the use of the Konold property as rental property and the extra traffic that will be generated in the area and the potential for expansion of Lone Oak Road. A vote was taken on the motion. Aye: 5 Nay: 0 hL.'ri"IHiS'rli:.f.BES..... -~~i..,)?{~~~ .:..,~~,[~: .:-.' REQUEST TO RECONSIDER - SALEEM RAZA MINOR SUBDIVISION City Administrator Hedges provided an overview on this item. Mayor Awada stated that she visited the site and added that most of the lots in the neighborhood are smaller than what Mr. Raza is proposing to create. She further added that the existing houses are approximately the same size as the one being proposed by Mr. Raza. She noted that the overhead power lines are on the existing lot. Mayor Awada moved, Councilmember Blomquist seconded a motion to reconsider the denial of the Minor Subdivision request of Ray Brandt for a 28,989 square foot lot located south of Wescott Road between Stony Point Road and Hyland Court in the NE 1/4 of Section 23 at the September 5, 2000 City Council meeting. Councilmember Blomquist expressed concern with how the buildable area of the lot forces the home to be laid out. She stated that Mr. Raza is building the garage in the back of the house and there will be no windows on that side of the house. She commented that the overhead power lines will hang over the driveway and she mentioned that there can be as much as 20 feet sag in the lines between the summer and winter months. Mayor Awada reiterated that the overhead lines are on the existing lot. Councilmember Masin stated that she too visited the site and said that she believed there would be enough room on the site to accommodate the house; however, she added that it would still be very close to adjacent property owner. Councilmember Masin asked if the safety issues are resolved. Senior Planner Ridley stated that NSP and the City does not allow structures to be built within the easement. He added that it was his understanding that the power lines are on the existing lot, but further added that the utility company will allow driveways and parking lots to be constructed upon utility easements. A vote was taken on the motion. Aye: 2 Nay: 2 (Councilmembers Carlson and Blomquist opposed and Councilmember Bakken abstained) The motion failed for lack of a majority. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 15, 2000 PAGE 8 O(..?~'? .. ~ .JkA." Councilmember Bakken stated that he abstained since he was absent from the July 18, 2000 City Council meeting, due to military duty, when this item was first considered. He added that his inclination was to support the majority position of the Council. Mayor Awada recessed the meeting at 7:55 p.m. The meeting was reconvened at 8:05 p.m. ................",...................... NEW.............S.. .U..S..JNE5...... .s. . .... . - '.. . -.. . -. ". . ..:;:;..:...:..:...;:...:;:;:......:...::..;:.-..::...:..;.;..:...::.;.....:.....; CONDITIONALUSEP~-SPACECENTER City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Don Grant, representing Space Center Air Cargo, Inc., discussed the proposed project. He clarified that they are proposing to build an office/warehouse building and not a truck terminal. Mayor Awada questioned the need for a CUP. Senior Planner Ridley stated that a CUP is necessary because freight is brought to and taken away from the site, plus the applicant is requesting outdoor storage. Several residents spoke about their concern with truck traffic on Silver Bell Road and Highway 13. Additionally, they expressed concern with increased noise in the area due to truck traffic, the need for an increased buffer adjacent to the residential area, lack of notification regarding the public hearing, fumes and odors, hours of operation, number of truck trips per day and the negative impact to property values. The request was made for a traffic study of the area. Two petitions were submitted in opposition to the proposed project. Ron Have, owner of Freightmasters, stated that a percentage of the proposed tenants at Space Center Air Cargo are already customers of Freightmasters. He noted that Air Cargo City will be razed and the existing customers will utilize the new fadlity. He talked about the 24-hour nature of trucking operations. He said he was in support of the development and added that the applicant has gone to extreme lengths to design the building layout so that it has the least amount of impact to the residents. Mike Braddock stated that he has been a Space Center tenant for 14 years and is interested in locating his business in the new facility because of its excellence and the quality property management that will be provided. Chas Arend, representing Space Center Air Cargo, stated that this fadlity would generate a certain amount of truck traffic. He added that this use fits the 1-1 district. He asked that there be no restriction on the hours of operation since there are no restrictions on the hours of any other facility in an 1-1 district. He noted that 30% of the facility would be designated for office space. He added that there would have been no need for a public hearing if they had not requested a CUP. He further added that they have tried to minimize the impact to the neighborhood. Councilmember Masin noted that traffic congestion at the intersection of Silver Bell Road and Highway 13 should be addressed. Councilmember Carlson said that she would like to see additional buffering from the residential property by either fencing or preferably berming. She added that the current traffic study is only for the south side of Highway 13. She further added that staff should be directed to review the traffic situation on the north side. She stated that she did not think there was any way for a business owner to determine exactly how much truck traffic there will be until all the tenant spaces are rented. She further stated that the building layout is as good as it gets. Councilmember Blomquist expressed concern with excluding this parcel from the moratorium placed on the Cedarvale area. She added that she could not support this application until there was more information about traffic. She further added that she was concerned about truck headlights, noise and the 24-hour nature of this business. 002i13 EAGAN CITY COUNCIL MEETING MINUTF5; AUGUST 15, 2000 PAGE 9 Mayor Awada stated that the applicant has a right to build this type of fadlity on this site. She noted that if it had not been for the request for outdoor storage there would have been no need for a public hearing. She said that the traffic congestion on Highway 13 and Silver Bell Road is a problem that the City and MnDOT need to address. She further said she did not want to deny the application because this is an appropriate use in this area. She questioned how long it would take to conduct a traffic study. Director of Public Works Colbert stated that the traffic study on the south side should be completed within the next two to three weeks. He further stated that that the traffic study on the north side should include the Silver Bell/Highway 13 area and also the entire industrial area. He said that it would take approximately 45 days to complete the study. Mr. Arend stated that if the outdoor storage component were removed from this application the application would be for an office/warehouse use. City Attorney Dougherty stated that the City Code does not provide a definition for a freight terminal, but rather that is a decision the City Council must make. Senior Planner Ridley stated that staff was not initially aware of the percentage of office being proposed. He added that a typical office warehouse use, such as Duke Weeks' Silver Bell Commons, contains less than 30% office space. Mayor Awada spoke to the property rights of the applicant and added that this property is zoned and guided 1-1, which fits the use they are proposing. Counci1member Blomquist stated that the City has an obligation to ensure the safety, health and welfare of the residents. She suggested that additional time be taken to alleviate some of the questions regarding traffic congestion. City Attorney Dougherty stated that the City has 60 days to act on this application, but also has the authority to extend the timeframe an additional 60 days by providing written notice to the applicant. He added that the applicant could also agree to an extension. Councilmember Blomquist moved, Mayor Awada seconded a motion to continue the Conditional Use Permit to allow the establishment of a freight terminal upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Preightmasters and Final Plat (Space Center Air Cargo) establishing a 14.9 acre lot upon this property and the Vacation of public drainage and utility easement on Outlots 2 and 3, Silver Bell Addition to the October 17,2000 City Council meeting and to direct the preparation of a traffic study to be presented at the October 3, 2000 spedal City Council meeting. Aye: 5 Nay: 0 Councilmember Masin questioned how traffic would be affected from Silver Bell to Blackhawk Road. Director of Public Works Colbert questioned if the Council wanted to expand the scope of the traffic study in the area of the Silver Bell Road intersection. He added that he could report back to the City Coundl at the next meeting with an idea of the timeframe that would be necessary to complete an expanded study. Councilmember Carlson stated that the study could be completed independent of the rest of the study if it would take longer than 45 days. Mayor Awada moved, Councilmember Masin seconded a motion to direct a traffic study on the entire area up north of TH 13 to Blackhawk Road, with completion to occur within 45 days, if possible. Director of Public Works Colbert stated that the additional area would be included to the extent that it does not delay the rest of the study. He added that the results of this expanded study would be presented at a later date if it is impossible to complete the study within 45 days. A vote was taken on the motion. Aye: 5 Nay: 0 Mr. Arend reiterated their request to have the condition imposing restricted hours of operation waived. He said he understood the need for the traffic study. . EAGAN CITY COUNCIL MEETING MINUTF5; AUGUST 15, 2000 PAGE 10 002i14 i'PMJw$.wliml!!llg3] POLITICAL CAMPAIGN SIGN ORDINANCE City Administrator Hedges provided an overview on this item. He said that action was taken at the spedal City Council meeting to schedule this item for discussion at the November 21,2000 spedal City Council meeting. CITY OF EAGAN COMMENTS - AVIATION NOISE ABATEMENT POLICY 2000 City Administrator Hedges provided ail overview on this item. Councilmember Blomquist moved, Counci1member Bakken seconded a motion to approve comments from the City of Eagan regarding the FAA Aviation Noise Abatement Policy. Aye: 5 Nay: 0 BURNSVILLE AMPHITHEATER City Administrator Hedges provided an overview on this item. He distributed a draft letter that had been prepared to send to the City of Burnsville. Discussion occurred about the City of Eagan's desire to take a position with regard to the proposed amphitheater in Burnsville. Councilmember Bakken stated that Burnsville Mayor Elizabeth Kautz was interested in knowing if the City of Eagan felt they had a need for an EIS or a Regional Significance Study. Councilmember Carlson said that the draft letter did not address either of these matters. She added that the City of Eagan should not be involved in stating a position either for or against the amphitheater but could state that the City does not need either study prepared for its benefit. Councilmember Blomquist said that she would prefer not to become involved with this issue. Coundlmember Bakken stated that he did not prefer to take sides with regard to the amphitheater; however, he said that the City could state that for its own purpose neither of the studies would be necessary. He added that he wanted to ensure that Eagan's silence was not misinterpreted to mean that either of the studies was warranted. Coundlmember Masin and Blomquist expressed concern that the City may not know if these studies are necessary. Councilmember Bakken moved, Councilmember Carlson seconded a motion to send a letter to the City of Burnsville indicating that the City of Eagan is taking no position with regard to the need for a Regional Significance Study or an EIS. Aye: 4 Nay: 1 (Counci1member Masin opposed) ............................................ ........fith't:m:'I(:rili::~:;;.:w; A*J.Y~~it.i~~i~:i~ The meeting adjourned at 10:40 p.m. to an Executive Session to discuss possible and existing claims to the League of Minnesota Cities Insurance Trust generated from the aftermath of the July 8 and 9 storms. Present were Mayor Awada and Councilmembers Blomquist, Masin, Carlson and Bakken, City Administrator Tom Hedges, Director of Public Works Colbert, Police Chief Kent Therkelsen, Acting Finance Director Tom Pepper, City Attorney Mike Dougherty and the League of Minnesota Cities' appointed attorney Jim Gollembeck. MLK August 15,2000 Date 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, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.