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12/06/1999 - City Council Regular 00341 MINUTES OF A REGULAR MEETING OF THE EAGAN an COUNCIL Eagan, Minnesota December 6, 1999 A regular meeting of the Eagan City Council was held on Monday, December 6, 1999 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Councilmembers 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 Jim Sheldon. ..................... . ......................... ::A:rnK'ttS::;( hQw:~:yn: . . . . . . . . . . . . . . . . . . . . . . . . . ..... .. . .... .. Mayor Awada noted that Item W of the Consent Agenda, Final Subdivision, Eagan Pointe, Duke Weeks Realty, would be moved to Item F of Public Hearings. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 M1.NP'~'~$Q~~.NQM~l$R~W.~,.$~~I~~G Councilmember Masin requested the following changes to the paragraph under Update on 1999 Goals & Accomplishments on page two, "Councilmember Masin asked that the Advisory Parks & Recreation Commission look into plans for a millenium celebration dur'..ng ca:lendar 2000 based on information from the White House Millenium Commission. She suggested that the Commission consider a staRHe statue as one idea." Councilmember Bakken noted a typographical error in the same paragraph on page two and requested the word planed be changed to planned. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Carlson abstained due to her absence at this meeting) ............................................................................................~............................................................... M~Nm~$Q)1TB~N~lVFM;Al$gl~;I~~Rii~NlM;~J;!~q Mayor Awada requested that the eighth paragraph under Cffidal Map on page five be changed as follows, "Councilmember Blomquist moved to call the motion question. The motion failed for lack of a second." She further noted that the eleventh paragraph should be stricken as follows, "CoanciImember Masin seconded the motion to call the motion. Aye: 3 Nay: 2 (Mayor ,^.'Nada and CouncUmember Bakken opposed)" Councilmember Blomquist requested the second sentence in the fifth paragraph on page six be deleted as follows, "She called f-or the motion." Councilmember Masin requested that on page 6 the following paragraph be added after the seventh paragraph, "Councilmember Masin asked if there was any question that came up after the approval of the assessment that predpitated the audit. City Administrator Hedges said that Mr. Monahan had contacted the City and raised a question about the square footage. Councilmember Masin said that the questions that were being asked prior to approving the assessment were known but the audit took place after it was approved. She asked if there were any new questions that were brought up that she was not aware of that predpitated the audit. City Administrator Hedges responded that there was no new information." Councilmember Bakken moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 6, 1999 PAGE 2 00342 ..........................................................~......................... U....EP......AR."".."".'T'..ME..'....NT..."..'.'H.....E...AD.............'..8' 'U......S...JN........E....S...S... .. . ., .... ... .. . .. .... ......... . .. .. . . .... - . ",." ...... .... .. - ....;,' .>:- -, .:::::", :. ":-. :;' ,;:;"",: "'::- :-",.;:; ,-. .:-.:",: :.:-.:". ....":"-: .................................................................................... ." .............. ...,........................................................... APPROVE DEVELOPMENT & BUSINESS ASSISTANCE POLICY City Administrator Hedges provided an overview on this item. Mayor Awada suggested the following change on page four in the second sentence under Business Retention, "By continuing to maintain a high level of service at a reasonable cost the City can ensure that these elements will enhance the local business climate." She requested that the third sentence in the first paragraph on page five be changed as follows, "The City cannot solve this issue, but can work with residential developers and local businesses to help ensure that there is an adequate supply of the right type and price of housing to meet local employee needs and to encourage provisions of a good transportation/transit access network." Mayor Awada further requested the addition of the following sentence on page ten, "The City will enhance its appearance at the major freeway gateways by constructing entry monuments and working with MnDOT on a freeway forestation program." She said that this item was derived from the Council's goal statement. Councilmember Blomquist said that the goals have not been approved at this time and suggested this addition be made following approval of the goals. City Administrator Hedges noted that the goals were directed to the January 13 Council work session. Councilmember Masin and Councilmember Bakken concurred with Councilmember Blomquist. It was dedded that this item would not be added at this time. Mayor Awada requested that Item 15 on page 13 be deleted since the City is not a member of Livable Communities. Councilmember Masin requested the following change on page four in the first sentence under Business Retention, " A fundamental role of the City is to provide adequate feads transportation options, infrastructure and police and fire protection for businesses and residents." She further requested that the language on page five in the paragraph under Development Assistance/Facilitation with regard to "developing sites with difficult physical or environmental conditions or sites that have difficult land assembly issues" be refined and clarified to reflect special situations where TIF may be involved or the property qualifies as a Brownfield demonstration site. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the City of Eagan Development and Business Assistance Policy as modified. Aye: 5 Nay: 0 UPDATE ON NATIONAL LEAGUE OF CITIES CONFERENCE Mayor Awada said that she and Councilmembers Bakken, Masin and Carlson attended the National League of Cities Conference in Los Angeles, California. She mentioned that Cascade Bay was featured in a handout as a star attraction at one of the booths. She also stated that a dty similar to Eagan prepared an owner's manual with information about the City that is sent to residents. She suggested that Eagan consider this at a future work session. Councilmember Masin said she attended a workshop entitled "Public Relations to Public Relationships" which focused on communications. She mentioned that there is a democratic practices forum that is trying to create an ongoing dialogue among local office holders that helps them reflect on their work and also have better communications with constituents. She mentioned that she obtained some information that could be put on the City's web site. She also requested that a file be created for the information so members of advisory commissions or the public can view it. She provided some information on the census to Councilmember Blomquist. She stated that she toured the City of Monrovia, which is the fourth oldest dty in Los Angeles County, and she mentioned how they rehabilitated the dty. She commented on how they run their City Council meetings and stated that any EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 6, 1999 PAGE 3 00343 Councilmember can pull an item off the Consent Agenda and said the Council may want to look at this. She added that she obtained a copy of their newsletter, which will be included in the file. Councilmember Bakken stated that he and Councilmember Carlson attended a Y2K seminar and noted that the City of Eagan is on top of Y2K issues. He mentioned that there was a lot of information about opportunities in the exposition portion and he will bring the information back at an appropriate time. Councilmember Carlson referenced the resident newsletter of the City of Eagan and said that page four contains information regarding Y2K. She said that she and the Mayor attended a workshop on new and creative ways of generating revenue and added that Eagan could have been used as an example since the City has been quite creative. She stated that an interesting focus of the conference pertained to cyberspace. ..........................,~......................... C...O"..'.'N..'.S....E'...N.'.T... ..,A"..'G'..'.E....N'.'..O......".." ..,:.,.,""',.~ A. Personnel Items Item 1. It was recommended to approve the hiring of Lisa Fancher, Paul Maier and Andrew Speakman as police officers. Item 2. It was recommended to approve the hiring of David Andrew, Paul Buske, Jessie Brooks, Jeannie Knoedler, Andrew Koppang, Neal Meyer, Lindsey Pickrell, Alex Porter, Ann Morin-Skumatz and Aaron Wheeler as seasonal warming house attendants. Item 3. It was recommended to approve the hiring of Kathryn Konat and Trish Larsen as seasonal rink attendants. Item 4. It was recommended to approve the hiring of Dan Klug as a seasonal winter recreation leader. Item 5. It was recommended to approve the hiring of Wendy Thomas as a seasonal skating instructor. Item 6. It was recommended to approve the hiring of Elizabeth Brothers as a seasonal preschool assistant. B. Final Plat for Altobelli Addition, Rocco and Diane Altobelli. It was recommended to approve a Final Plat (Altobelli Addition) that will combine four unplatted parcels of land into two platted lots located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest % of Section 22. C. Trash Hauler license. New Earth Services, Ine. It was recommended to continue the trash hauler license for New Earth Services, Ine. and schedule a public hearing for the January 4,1999 City Council meeting. D. 2000 Joint Powers Agreement for Dakota County Drug Task Force. It was recommended to approve a 2000 Joint Powers Agreement for the Dakota County Drug Task Force. E. Resolution to convey property from the South Metro Drug Task Force to the Dakota County Drug 99 - 7 3 Task Force. It was recommended to approve a resolution to convey property from the South Metro Drug Task Force to the Dakota County Drug Task Force. F. Federal Equitable Sharing Agreement. It was recommended to approve the Federal Equitable Sharing Agreement. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 6, 1999 PAGE 4 OU344 G. Application for conveyance of tax-forfeited land for public use. It was recommended to approve processing an application for conveyance of tax-forfeited property for an authorized public use from the State of Minnesota to the City of Eagan. H. Approve 1999/2000 D.A.R.E. and Police Liaison Agreement between School District #196 and the City of Eagan. It was recommended to approve the 1999/2000 D.A.R.E. and police liaison agreement between the School District #196 and the City of Eagan. 1. Exemption from lawful gambling license for the South Metro Chapter/Minnesota Deer Hunters 99 - 7 5 Assodation for a raffle to be held on February 25, 2000 at Royal Cliff. It was recommended to approve an exemption from the lawful gambling requirement for the South Metro Chapter of the Minnesota Deer Hunters Assodation to conduct a raffle at Royal Cliff Banquet Facility on February 25, 2000. J. License renewals for the year 2000, trash hauler, tobacco, stable, amusement device and pet shop. It was recommended to approve the license renewals for the year 2000 for trash hauler, tobacco, stable, amusement device and pet shop. K. Approve on-sale licensee name change for Sodexho Marriott Management, Inc. (dba River Park) currently licensed as Marriott Management Services Corp. It was recommended to approve the on-sale liquor license name change for Sodexho Marriott Management, Inc. (dba River Park) currently licensed as Marriott Management Services Corp. L. Receive petition/authorize feasibility report (Hwy. 3 South of Diffley Rd./Garden of Eagan- Sanitary Sewer & Water Improvements). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 788 (T.H. 3 South of Diffley Road/Garden of Eagan- Sanitary Sewer and Water Improvements). M. Revise Toint Powers Agreement, Gun Club Lake Watershed Management Organization. It was recommended to approve the revised and restated Joint Powers Agreement for the Gun Oub Lake Watershed Management Organization (WMO) and appoint Water Resources Coordinator Eric Macbeth, Design and Development Engineer John Gorder, and Scott Merkley as Eagan representatives, and City Engineer Russ Matthys as the alternate for three-year terms effective December 31, 1999. N. Contract 98-17, approve final payment. authorize City maintenance (Country Home Heights - Street & Storm Sewer Improvements). It was recommended to approve the final payment for Contract 98-17 (Country Home Heights - Street and Storm Sewer Improvements) in the amount of $31,106.53 to Danner, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. O. Receive petition/ order public hearing - public right-of-way vacation (Wescott Woodlands). It was recommended to receive a petition to vacate a portion of Wescott Woodlands south of the Carriage Hills golf course and north of Wescott Hills Drive, and continue indefinitely consideration of scheduling a public hearing. P. Receive petition/ order public hearing - easement vacation (Century Addition). It was recommended to receive the petition to vacate a public drainage & utility easement for Lots 1 and 2, Century Add., and schedule a public hearing to be held on January 4, 2000. Q. Receive petition/ order public hearing - easement vacation (Comserv No.1). It was recommended to receive the petition to vacate a public drainage & utility easement for Lot 1, Block 1, Comserv No.1 Add., and schedule a public hearing to be held on January 4, 2000. R. Extension for recording the final plat of Preusses Second Addition. It was recommended to approve a 90 day extension of the recording requirement for Preusses Second Addition located south of Old Sibley Memorial Highway between Trunk Highway 13 and Trunk Highway 77 in the SW 1/4 of Section 19. EAGAN CITY COUNCIL MEETING MINUTFS; DECEMBER 6, 1999 PAGES 00345 S. Approve off-sale licensee name change for Brar Enterprises Ine. (dba Blackhawk Liquor). It was recommended to approve the off-sale liquor license name change for Brar Enterprises Ine. (dba Blackhawk Liquor) currently licensed as Jasbir S. Brar. T. Contract 99-09, approve Change Order No.1. Advent United Methodist/Patrick Eagan Park (Utilities and Parking Lot). It was recommended to approve Change Order No.1 to Contract 99-09 (Advent United Methodist/Patrick Eagan Park - Utility and Parking Lot Improvements) and authorize the Mayor and City Oerk to execute all related documents. U. Project 97-00, acknowledge completion/authorize City maintenance (Eagandale Corporate Center No.2). It was recommended to acknowledge the completion of Contract 97-00 (Eagandale Corporate Center No.2 - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. V. Receive petition/ order public hearing - easement vacation (Lexington 2nd Addition). It was recommended to receive a petition to vacate a public drainage & utility easement within the Lexington 2nd Add., and schedule a public hearing to be held on January 4, 2000. W. Final Subdivision, Eagan Pointe, Duke Weeks Realty. This item was moved to Public Hearings. Counci1member Bakken moved, Counci1member Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 IroBttCfiEMUNGS ................................................... .... ............ PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2000 City Administrator Hedges presented the proposed 2000 budget and detail about the property tax levy for 2000. Mayor Awada opened the public hearing to anyone wishing to speak. Joe Bari, 3033 Timberwood Trail, commended the City Council and staff for maintaining a low tax capadty rate. He informed the public of two kinds of property tax relief available to them. There being no one else wishing to speak, she turned the discussion back to the Council. Counci1member Bakken moved, Counci1member Masin seconded a motion to dose the public hearing and set the levy and budget considerations for the December 20, 1999 City Council meeting. Aye: 5 Nay: 0 PROPOSED CEDARV ALE SPECIAL SERVICES DISTRICT BUDGET AND PROPERTY TAX LEVY FOR 2000 City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she turned the discussion back to the Council. Counci1member Bakken moved, Counci1member Carlson seconded a motion to dose the public hearing and set the levy and budget considerations to the December 20, 1999 City Council meeting. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 6, 1999 PAGE 6 OH3l16 VACATE PUBLIC DRAINAGE & UTILITY EASEMENT (GARDENWOOD PONDS 4TH ADDITION - LOT 8, BLOCK 2) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she dosed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of the drainage and utility easements on Lot 8, Block 2, Gardenwood Ponds 4th Addition and authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0 VACATE PUBLIC DARINAGE & UTILLITY EASEMENT (BROOKSTONE AMCON 1 ST ADDITION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. 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. Mayor Awada moved, Councilmember Bakken seconded a motion to approve the vacation of a drainage and utility easement on Brookstone Amcon 1st Addition. Aye: 5 Nay: 0 V ACATE PUBLIC DRAINAGE & UTILITY EASEMENT (KINGSWOOD PONDS 1ST ADDITION - LOT 4, BLOCK 2) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. 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. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the vacation of a drainage and utility easement on Lot 4, Block 2, Kingswood Ponds 1st Addition and authorize the Mayor and City Oerk to execute all related documents. Aye: 5 Nay: 0 FINAL SUBDIVISION, EAGAN POINTE, DUKE WEEKS REALTY City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she dosed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Final Subdivision to create five lots on 26.7 acres west of Hwy. 149 and north of Yankee Doodle Road in the West 1/2 of Section 12. Aye: 5 Nay: 0 OUO!SUSlNESS ................................. ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an WIDE Y2K CONTINGENCY PLAN City Administrator Hedges provided an overview on this item. Finance Director VanOverbeke further discussed the Y2K Contingency Plan. Councilmember Masin stated that staff did a great job in EAGAN CITY COUNCIL MEETING MINUTFS; DECEMBER 6, 1999 PAGE 7 00347 compiling the plan. City Administrator Hedges commented on the willingness of City employees to work on New Year's Eve and New Year's Day, as necessary, and their commitment to public service. Mayor Awada commended Coundlmembers Bakken and Carlson for their work as members of the Y2K Standing Committee. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to approve the City Wide Y2K Contingency Plan and authorize the final Y2K preparations and communications effort. Aye: 5 Nay: 0 NEW.......'..'.....B. ...U. ..S.. .INE.......S..'S... . ...... . . .. . .. - .. . ., .... . ..:;::..:...:..;...;::.;::;::....:.:....:..;:....::..:...;::..:.-.::.:.....;:....: RESOLUTION APPROVING THE 2000 FEE SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS City Administrator Hedges provided an overview on this item. Coundlmember Bakken moved, Coundlmember Carlson seconded a motion to adopt a 99- 74 resolution approving the 2000 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION TOM GALLAGHER (DIFFLEY PLAZA) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tom Gallagher, applicant, was available for questions. Coundlmember Carlson moved, Coundlmember Bakken seconded a motion to accept public comment. Aye: 5 Nay: 0 Mark Thompson, 4280 Gadwall Court and Colleen Wagner, 4277 Pintail Court were the neighborhood spokespersons. Mr. Thompson identified the reasons the neighborhood was in opposition to the Diffley Plaza development as follows: high density and activity level, incompatibility with residential neighborhood, profile of proposed development and proximity of buildings to homes, excessive traffic and traffic congestion on Diffley and Johnny Cake Ridge Road, safety concerns for children and similar recent zoning precedents established by the Council. Pictures of the site were shown. The spokespersons presented eight conditions that would constitute an acceptable development by the developer as follows: 1. Minimum 8' to 10' berm with 10' to 12' double-stacked pine trees across entire perimeter of development adjacent to residential houses. 2. Minimum 200' setback for a two-story building from residential property lines. 3. Maximum 6' monuments and building signage similar to the Season's development in Woodbury. 4. No gas station preferred; if gas station is approved, a maximum four-pod (8 car) gas station with 2,500 sq. ft. retail, landscaped, with limited hours of operation. 5. Limited alcohol license, limited hours of operation and air filtration system for any sit- down restaurant. 6. No fast foot restaurants. 7. Reconfigure Diffley to optimize traffic flow on Diffley to and from the development. 8. Incorporate "village" look and profile similar to the Season's development in Woodbury. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 6, 1999 PAGE 8 00348 Mr. Thompson showed pictures from various developments in Eagan and Woodbury that would be considered acceptable to the residents. He urged the Council not to approve the development as it exists. He noted that the developer has incorporated some creative features into the plan for the retail center; however, the overall development needs further refinement. Councilmember Bakken said that compatibility issues arise with regard to infill development. He further said he was willing to approve a 3~-day continuance to allow the developer additional time to work with the residents to resolve some of these issues. He added that he could not support the development as proposed. City Attorney Sheldon noted that the applicant had previously waived the 60-day agency action requirement. Mayor Awada said that the neighborhood is aware that the land is guided for commerdal use and proposed by the City to be zoned Neighborhood Business (NB) as part of the Comprehensive Guide update. She added that the developer has been paying commerdal tax rates and has certain rights to develop the property. She expressed concern with the Planned Development and said some of the uses are less dense than NB and some are more dense. She said she believed that the issues could be worked out between the developer and the neighborhood. Councilmember Carlson said that the neighborhood's requests are reasonable. She noted that the actual business uses may change and the Council will have to ensure that certain architectural standards are in place for future uses. Councilmember Bakken added that he would like to see the positive relationship with the developer and the neighborhood maintained. He encouraged the developer to work with staff and the neighborhood. Councilmember Blomquist stated that the plan needs a lot of work. She expressed concern with the Comprehensive Land Use Guide Plan designation of Roadside Business (RB) and expressed support for the NB guide designation. She said that siting the senior complex and retail center along the property lines was not acceptable. She also expressed concern with the truck traffic behind these buildings and the loss of the view of the Minneapolis skyline. She added that she was uncomfortable with the proximity and height of the buildings and the density. She further added that she was concerned with the use of two liquor licenses on this site and would be opposed to the issuance of such licenses. She said the development should be compatible with the residential neighborhood. Councilmember Masin requested a review of the zoning changes in this area. Senior Planner Ridley reviewed the changes that have occurred in the past. Mayor Awada noted that the APC should review any significant changes that are made to the application. Councilmember Blomquist said that it would be premature to act on the Comprehensive Guide Plan Amendment. Councilmember Carlson stated that when the property was downzoned from R-4 the property owner did not want to address the RB designation at that time. Mayor Awada noted that the developer has had the zoning in place for a long time. Senior Planner Ridley asked for the Council's direction with regard to the application. Mayor Awada stated that most of the residents' requests are reasonable. She noted that the 200' buffer was unreasonable and noted that the County will not change the configuration of Diffley Road. Councilmember Masin stated that she did not want to leave the neighbors in a negative situation and said that the 30' to 50 ' setbacks need to be addressed. Councilmember Blomquist concurred with the residents' with regard to their eight points of consideration. Councilmember Bakken suggested that better screening and berming be utilized and further suggested that the two-story structures be located toward the front of the site, if possible. He mentioned replacing the fast foot establishment with an office building. He agreed that the County would not reconfigure Diffley Road. Councilmember Carlson stated that evaluations were conducted during the preparation of the Trucking Study with regard to buffering industrial uses from residential properties. She suggested that the developer look at those standards. 00349 EAGAN CITY COUNCIL MEETING MINUTFS; DECEMBER 6,1999 PAGE 9 The developer agreed to have the application referred back to the January 25,2000 APC meeting. Councilmember Carlson moved, Councilmember Bakken seconded a motion to refer the Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of approximately 15.7 acres of land located south of Diffley Road between 1-35E and Jolmny Cake Ridge Road (within the northwest 1/4 of Section 28 and northeast V4 of Section 29) from D-I, Single Family Residential, D-III, Mixed Residential and RB, Roadside Business to NB, Neighborhood Business and the Preliminary Planned Development to allow seven commercia1lots and the Preliminary Subdivision (Diffley Plaza) to allow the creation of a seven lot commerdal subdivision to the January 25, 2000 APC meeting. CONDITIONAL USE PERMIT - JAY TYLER COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow outside storage (of roll-off trash containers, trucks and portable toilets) on property located at 1725 Meadowview Road in the NE V4 of Section 8 subject to the following conditions: 1. Platting of the property shall be completed prior to the issuance of the Conditional Use Permit for recording, and recording of the Conditional Use Permit shall occur prior to any outside storage activity occurring on the property. 2. 1bis Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 3. A detailed Site Plan area shall be submitted prior to Conditional Use Permit issuance. The plan shall depict the site layout, the City access easement, and the layout of the outdoor storage items. 4. The owner shall be responsible for maintaining all paved surfaces in good condition. 5. A revised landscape plan shall be submitted which provides landscaping on the north side of the property, enhances the screening on the east side, and more fully utilizes the open area south of the driveway entrance. 6. No outside storage shall occur upon the City access easement which overlays the property. 7. Storage of the roll-off trash containers and portable toilets shall not exceed the height of the fence enclosure (not including the barbed wire). 8. Only storage of the empty roll-off trash containers and portable toilets shall be allowed. 9. The applicant shall provide a detailed site plan of the outdoor storage. 10. The applicant shall allow City staff to review the landscape plan to determine whether additional screening of the storage from surrounding properties would be necessary. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTFS; DECEMBER 6, 1999 PAGE 10 OC350 CONDmONAL USE PERMIT - DELITE OurDOOR ADVERTISING, INe. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Carlson seconded a motion to accept public comment. Aye: 5 Nay: 0 Peter Coyle, legal counsel for the applicant, stated that the proposal before the Council is consistent with the intent of the Sign Ordinance relating to billboards. He noted that in comparison to the signs recently approved by the Council for Eller Media the Delite proposal is undersized. He added that Delite would agree to commit to ongoing signage dedicated to promoting the City of Eagan and Eagan businesses. Councilmember Bakken expressed his discomfort with the potential of a single-sided 360 square foot billboard with an exposed metal back. He suggested a tri-vision sign that would perpetually dedicate one panel to the City of Eagan and two panels to Eagan businesses, which would be visible to traffic entering Eagan on southbound 35E. Mr. Coyle acknowledged that Delite would be agreeable to that scenario. Councilmember Masin stated that she did not believe the proposal was consistent with the intent of the Sign Code and further that the Eller Media billboards on the Lost Spur property were too large and obtrusive. She questioned if the APC had recommended a more suitable size for the signage. Senior Planner Ridley responded that they had not made such a recommendation. Councilmember Carlson said she was in support of the proposal because of the benefit of having two undesirable signs removed. Mayor Awada indicated that she was opposed to the request because it was not in keeping with the intent of the Sign Code. Councilmember Bakken stated that he did not think the Sign Code antidpated this type of situation. Councilmember Bakken moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit to erect an off-premise sign upon Soo Line Railroad property located south of TH 55 and west of 1-35E in the northeast 1/4 of Section 3 subject to the following conditions: 1. The Conditional Use Permit shall be recorded within 60 days of City Council approval. 2. The sign constructed shall be a tri-vision design that will perpetually dedicate one panel to the City of Eagan and two panels to Eagan businesses, which would be visible to traffic entering Eagan on southbound 35E 3. A sign permit shall be obtained from the City prior to installation of the sign. 4. The sign shall not exceed 40 feet in height. 5. The sign shall not be nearer than ten feet to any property line. 6. The following existing off-premise signs shall be removed prior to installation of the proposed off-premise sign: ' A. South of TH 55 and east of Lexington Avenue B. South of Yankee Doodle Road and west of TH 149 7. The City Council shall direct staff to initiate a City Code amendment that would reflect the dtywide reduction in off-premise sign number and surfaces; and the increase in dtywide sign area. EAGAN CITY COUNCIL MEETING MINUTFS; DECEMBER 6, 1999 PAGE 11 00351 Councilmember Blomquist said that she supported the signage because it would result in the removal of two unattractive billboards and would also be in a location that would be unobtrusive. Councilmember Masin disagreed with Coundlmember Bakken that the Sign Code did not take this type of situation into account. She added that her preference would be a lesser deviation from the maximum sign area allowed by Code. Councilmember Bakken stated that he was not questioning the content of the Sign Ordinance but rather the possibility of a new sign with one sign having exposed steel girders. Mayor Awada concurred with Coundlmember Masin. Discussion occurred regarding the size of the signs located on the Lost Spur Country Oub property. Mr. Coyle referenced the June 1, 1999 City Council minutes with regard to the square footage approved for Eller Media. Coundlmember Masin stated that she was willing to concede increasing the size but not doubling it and added that the APes position should be taken into account. A vote was taken on the motion. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Masin opposed) Discussion occurred regarding amending Table A of the Sign Ordinance. Staff was directed to prepare an amendment to Table A of the Sign Code that reflects the applicant's proposal including the proposed increase in sign area. REQUEST BY EAA (EAGAN ATHLETIC ASSOCIATION) TO GIVE CONSIDERATION FOR A COMMUNITY ACTIVITY CENTER City Administrator Hedges provided an overview on this item. Dan Klekner, President of Eagan Athletic Assodation (EAA), presented information regarding capital needs of the EAA. Barb Ducharme, EAA In-house Basketball Director, discussed the needs for the in-house basketball program. Marty Sandvik, Traveling Basketball Director, discussed the needs for this program. Mr. Klekner requested the Council move forward with building a community center and stated that the EAA Board has voted unanimously to support a bond referendum. He added that the EAA is willing to commit $400,000 over the next ten years to support the center. He stated that following that time, the EAA will also commit to continuing their support of the center in the way of upgrades and improvements. Mayor Awada noted that a group of seniors submitted a petition to the City requesting a community center. Mr. Klekner stated that a community center would serve the needs of the EAA, in addition to seniors, youth and others in the community. Maya Babu expressed her support for a community center for the youth in the community. Cindy Fields, indicated that she is developing a committee entitled, Residents for Recreation. She added that the purpose of the committee is to try and gamer support for a community center that would benefit the youth, seniors and others in the community. Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct staff to prepare information for schematics, infrastructure, actual location and cost estimates for a proposed community activity center, to schedule a mobile workshop to tour metro community centers that includes the task force and City Council within the next two weeks, to schedule task force meetings O('~""- , J~~~ EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 6, 1999 PAGE 12 during December to construct a "wants and needs" list of the community center and present their findings at the January 4, 2000 City Council meeting and to welcome the expansion of the task force by including teen representatives, residents for recreation representatives and representatives from the EAA basketball programs. Counci1member Masin stated that if the public were willing to work on the referendum she would be supportive. A vote was taken on the motion. Aye: 5 Nay: 0 ........................................... :':.t:rl'I" "fl'tm1(ti(:;n:<i('ftt; d:~ v:~lp~i~J.Y;l:~~~:::l:. .................................................................................... The meeting adjourned at 9:35 p.m. December 6, 1999 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.