Loading...
04/01/1997 - City Council Regular 00103 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 1 , 1997 A regular meeting of the Eagan City Council was held on Tuesday, April 1 , 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges. Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attomey Jim Sheldon. ~~~~~~ City Administrator Hedges noted that New Business, Item A, should be pulled and moved to the consent agenda and continued to the May 6.1997 City Council meeting. Council member Masin moved, Councilmember Wachter seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 Councilmember Awada joined the meeting. IINlffE$QfJ1i~~ct:t"j,8;\~~1';~GMLA':MEE11t,1G Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 UINOfES OF THE "MARCH 17 ~1m:$PEctAL;UEETING "..' ".. ' . .... , ....",,, , Council member Blomquist requested that on page 6, the first sentence in the fourth paragraph should read, "Council member Blomquist indicated that she had contacted Jennifer Sayre of Northwest Airlines who would be willing to present Northwest's fleet planning to the Commission as one means of providing information on industry trends". Councilmember Awada said that it should be noted under the 1997 Communications Work Program/Wallace Group that she also joined the meeting. Council member Awada moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Igt!~~'tMg~BElPf'~JlI?$S PARKS AND RECREATION DEPARTMENT - DIRECTION CONCERNING ELECTRICAL GENERATOR, MUNICIPAL CENTER CAMPUS City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa provided additional information. Councilmember Wachter asked if the generator the City currently has could be utilized at the Water Treatment Plant. Vraa indicated that it would be possible and suggested that perhaps the generator could be used at a lift station. Councilmember Wachter questioned the cost to operate the genset unit and for what length of time the cost would need to be incurred. Vraa stated that the cost of operation would be for the entire length of the project. Council member Awada suggested Alternate No. 1 be explored further which would involve hiring an electrical engineer through Dakota Energy Alternatives to thoroughly review the options and provide a cost analysis. Vraa said that with Alternative No. 1 the cost incurred to hire an electrical engineer would be considered part of the project cost and would be absorbed by DEA. He further said the City has three options available if they decide to obtain this generator. He noted that the equipment could be bought by the City, leased from DEA or DEA could own the equipment. Council member Awada asked that, with the possible deregulation, would the City be locked in with one particular electric company and requested that staff provide an answer when this item comes back to the City Council. Councilrnember Blomquist said that she would like to see a pay back plan analysis. Councilmember Wachter asked if it would be feasible to utilize this generator at other municipal sites such as the Water Treatment Plant. Vraa indicated that it would not be feasible for the Water Treatment Plant to utilize the generator because it is on another service line. 00104 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 2 Councilmember Wachter moved, Councilmember Masin seconded a motion to provide direction to staff to hire an electrical engineer through Dakota Energy Altematives with reference to a pay back plan analysis regarding acquisition of an electrical generator and to provide direction to the City Administrator to prepare a budget for a planner/architect to review the Municipal Center site for expansion possibilities for parking expansion, a pool and other facilities. Aye: 5 Nay: 0 Council member Masin thanked the local newspapers for articles they have written regarding the Fourth of July celebration. City Administrator Hedges noted that the Administration Office has not received any calls from the public expressing an interest in contributing to the cost of the event. He said that a meeting was held today regarding the details of the Fourth of July fireworks celebration. He further said that the neighborhood will be notified of the event. Mayor Egan commented that Ann Carlon of the Eagan Convention and Visitors Bureau had indicated that some businesses have come forward to contribute to the cost of the fireworks. Police Chief Geagan stated that the letters contacting local businesses were expected to be sent out today. He said that some residential interest has been expressed in contributing to the cost as well. Council member Masin asked about the central park site and if the direction provided by the Council was specific enough and whether any progress has been made. Councilmember Wachter stated that he toured the site targeted for the swimming pool with Lee Markell, of the Advisory Parks, Recreation and Natural Resources Commission and City Administrator Hedges and he was amazed at the amount of level land. He said there would be a lot of space for parking. He suggested that a consultant be hired to evaluate what is feasible for the site. Council member Blomquist questioned if the amphitheater could also be built on the site. Mayor Egan noted that the architect who has been working on the central park site design has been doing so voluntarily and at some point will need to be paid for his services. Councilmember Masin noted that on April 13 from 7:00 to 8:30 p.rn. there will be a Teen Forum held at City Hall which will give teens the opportunity to discuss issues or ideas they have. She said that teens can contact the Park Department or her if they are interested in attending. She further said that the letters will also be sent out. Councilmember Blomquist said that with regard to the central park site more time should be devoted to investigating possible sites with all facilities at one central location. Mayor Egan requested that a budget for hiring a consultant be presented to the City Council as well as citing other alternatives. Councilmember Blomquist said that the public should be informed before the Council goes too far with the process. Council member Wachter noted that there might be space on the site for an amphitheater. Direction was provided to the City Administrator to prepare a budget for a planner/architect to review the Municipal Center site for expansion possibilities for parking expansion, a pool and other facilities. IQ~Etf1:;6~NQA In regard to Item C, Contract 97-04. Approve plans/authorize ad for bids (Cliff Rd. Water Treatment Plant - StandbY Generator), Councilmember Wachter asked if the generator being used at the Police Department building could be utilized at the Water Treatment Plant. Director of Public Works Colbert explained that the generator at the Police Department does not have enough kilowatts to be suitable at this location. In regard to Item D, Contract 95-16 A rove chan e order #2 ell #18 Councilmember Blomquist asked why the contractor was willing to accept a deduct in the amount of 3,250. Director of Public Works Colbert explained that the contractor was unable to meet the contract completion date due to unforeseen circumstances and was willing to agree to accept the deduct for that reason. In regard to Item K, Tobacco/Ciaarette Sales License - Jensen's Supper Club, Councilmember Wachter noted that he would be voting against this item. 00105 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 3 In regard to Item M, On-Sale liquor license - D F & R Ooeratina. Inc. dba Don Pablo's. 1280 Promenade Place. Councilmember Wachter said he was concerned that there are only three liquor licenses available to be granted. He questioned if it was still the philosophy of the City Council to reserve some licenses and choose which establishments they should be granted to. Mayor Egan said that it had been decided by the Council that the licenses would be granted on a first-come first-serve basis. Councilmember Wachter added that the Council should not grant all the licenses to the establishments in the Promenade. A. Personnel Items Item 1. It was recommended to approve the hiring of Karlen Johannes as a Patrol Officer in the Eagan Police Department. Item 2. It was recommended to approve the hiring of Minh Le as a seasonal Engineering Intern in the Streets Division. Item 3. It was recommended to approve the hiring of Dave Jungers as a seasonal Park Maintenance Worker. Item 4. It was recommended to approve the hiring of Martha Buyck, Rachel Colling ham, Meghan Doherty, Jake Groff, Shannon Haugh, Katie Jorgenson, Julie Kugler, Amy Smiler, and Stephanie Zeitz as seasonal part-time Recreation Leaders and Jill Andrew, Christie Mason and Jillian Wagner as seasonal part-time Recreation Assistants. Item 5. It was recommended to approve the hiring of Sonya Rippe as a seasonal Summer Program Assistant. B. Conditional Use Permits - Dart Transit. outdoor storaQe of trucks - continued indefinitely. It was recommended to approve a continuation an indefinite consideration of Conditional Use Permits requested by Dart Transit on property located west ofT.H. 149 and south ofT.H. 55 in the NW 1/4 of Section 12. C. Contract 97-04. Approve plans/authorize ad for bids (Cliff Rd. Water Treatment Plant - Standby Generator). It was recommended to approve the plans and specifications for Contract 97-04 (Cliff Road Water Treatment Plant - Standy Generator) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, April 25, 1997. D. Contract 95-16. Approve chanQe order #2 (Well #18). It was recommended to approve Change Order #3 for Contract 95-16 (Well #18) and authorize the Mayor and City Clerk to execute all related documents. E. Contract 95-16. Approve final payment (Well #18). It was recommended to approve the 9th and final payment for Contract 95-16 (Well #18) in the amount of $43,942.45 to Keys Well Drilling Company, Inc. and accept the improvements for perpetual City maintenance. F. Contract 95-BBB. AcknowledQe completion/authorize City maintenance (Oak Pointe of EaQan 1 st Add. - Utilities). It was recommended to acknowledge completion of Contract 95-BBB (Oak Pointe of Eagan 1st Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. G. Request for public hearina - certification of delinquent utilities - May 6. 1997. It was recommended to schedule a public hearing for Tuesday, May 6, 1997 to consider certification of delinquent utilities to the property tax rolls. H. Final Planned Development and Final Subdivision - Fortune Realty for Safari At Eaaan 3rd Addition. It 97.26 was recommended to approve a Final Subdivision for Safari At Eagan 3rd Addition for 3 lots on 7.7 acres, located west of Thomas Center Drive and north of Cliff Road in the SW 1/4 of Section 28 and to approve the Preliminary and Final Planned Development for Safari At Eagan 3rd Addition for 3 lots for the development of a theater/restaurant and two office buildings, located west of Thomas Center Drive, north of Cliff Road in the SW 1/4 of Section 28. 00106 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 4 I. Amendment to the Final Planned Development for Lot 1. Block 3. EaQan Promenade (The Shoppes). It was recommended to approve an Amendment to the Final Planned Development for Lot 1, Block 3, Eagan Promenade (The Shoppes) to allow minor building size and materials modifications. J. Addition to the Fee Schedule. It was recommended to approve an addition to the City's Fee Schedule to establish a Final Plat fee. K. Tobacco/Ciaarette Sales License - Jensen's Supper Club. It was recommended to approve a tobacco and cigarette sales license for Jensen's Supper Club for over-the-counter sales of tobacco products. (Councilmember Wachter voted against this item.) L. Exemption from Qamblina license - Northem Dakota County Chamber of Commerce. It was 97.27 recommended to approve a resolution exempting the Northem Dakota County Chamber of Commerce from the lawful gambling license requirement for raffle activities to be held at Blue Cross & Blue Shield, 3535 Blue Cross Road on June 29, 1997. M. On-Sale liQuor License - D F & R Ooeratina. Inc. dba Don Pablo's. 1280 Promenade Place. It was recommended to approve an on-sale liquor license for D F & R Operating, Inc. dba Don Pablo's, 1280 Promenade Place as presented. N. Off-Sale liQuor License of Byerly's. Inc. (Informational only). O. Adopt Child Protection Policy. It was recommended to adopt a child protection policy for the City of Eagan. P. Final Planned Development. Power Systems. Inc.. Lot 1. Block 1. Eaaandale Office Park 2nd Addition. It was recommended to approve the Final Planned Development for Power Systems Research, Inc. to allow the phased construction of a 90,000 SF office building on Lot 1, Block 1, Eagandale Office Park 2nd Addition located at 1345 Corporate Center Curve in the NW 1/4 of Section 3. Q. Ordinance Amendment. City Code Chapter 7. Streets and Sidewalks. pertainina to the Manaaement of Private Uses of Public Riahts of Way. (This item was pulled from New Business, Item A and continued to the May 6,1997 City Council meeting.) Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 fit1SOC HEARINGS ~,.".,...,.;".:"-,.,-.:...-:.-..,.,...:.,,,.,-,,,,,.,,,,'-,-...--.--.--.-----........... VACATE DRAINAGE & UTILITY EASEMENT - LOTS 1 & 2, BLOCK 1, EAGANDALE CENTER IND. PARK #9 City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Council member Wachter moved, Councilmember Masin seconded to close the public hearing and approve the vacation of drainage and utility easements as described affecting Lots 1 & 2, Block 1, Eagandale Center Industrial Park #9 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT - LOTS 1-13, BLOCK 3 & 4, EAGANDALE CENTER IND. PARK #4 City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave 00107 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 5 a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he tumed the discussion back to the Council. Councilmember Blomquist moved, Councilmember Masin seconded to close the public hearing and approve the vacation of drainage and utility easements as described affecting Lots 1-13, Blocks 3 & 4, Eagandale Center Industrial Park #4 and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT - OUTLOT A, EAGAN METRO CENTER 2ND ADDITION City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Blomquist moved, Councilmember Wachter seconded to close the public hearing and approve the vacation of drainage and utility easements as described affecting Outlot A, Eagan Metro Center 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: o VACATE DRAINAGE & UTILITY EASEMENT - LOTS 1, BLOCK 1, EAGAN PROMENADE 2ND ADDITION City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he tumed the discussion back to the Council. Councilmember Blomquist rnoved, Councilmember Wachter seconded to close the public hearing and approve the vacation of drainage and utility easements as described affecting Lot 1, Block 1, Eagan Promenade 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 692, OLD SIBLEY HWY. (STREETS & UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, discussed the location of the proposed project, the sanitary sewer and watermain location and costs, storm sewer improvements, proposed assessrnents, street project costs and assessments and the overall total cost of the project. Mayor Egan opened the public hearing to anyone wishing to speak. AI Block, representing Town & Country Homes, stated that money has been escrowed for the assessments and they are looking forward to the project moving ahead. John Donnelly, representing Diffley Limited Liability Company, said that they own parcel 011-57 and 013-57 and they are not sure if parcel 011-57 will receive any benefit in relation to the proposed assessment. He stated it will be difficult to build on that parcel of land. He added that they were not involved in the putting together this project and agreed to it on a preliminary basis. He further added that when the actual meetings took place with Town & County Homes and Bonestroo Associates they were not involved. He said they will raise their concern with the assessment at the assessment hearing. Mr. Block noted that their attorney is working with Ferrellgas to place the sanitary sewer on their side of the property line. Roger Slater stated that he prefers the sanitary sewer be located to the right of the property line along parcel 017-50 or along the northem property line. Director of Public Works Colbert said that there are three options available for acquiring the easement and the location will be determined based on the least resistance. 00108 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 6 There being no one else wishing to speak, Mayor Egan tumed the discussion back to the Council. Councilmember Blomquist questioned how buildable parcel 011-57 is. Colbert indicated it would be best to combine that parcel with another one. He added that the benefit will be evaluated prior to the final assessment. Councilmember Blomquist noted that all the frontage must be taken into consideration. Council member Wachter moved, Councilmember Awada seconded to close the public hearing and approve Project 692 (Old Sibley Highway - Streets & Utilities), authorize the preparation of detailed plans and specifications and acquisition of easements through condemnation. Aye: 5 Nay: 0 PROJECT 713, DENMARK, KOLSTAD & T1MBERSHORE (STREET REHABILITATION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Tom Sohrweide, Short, Elliott, Hendrickson, discussed the scope of the proposed project, costs, assessments and the project schedule. Mayor Egan opened the public hearing to anyone wishing to speak. Jerry McCullen, 1168 Timbershore Lane, said that the assessment appears to be high for the four- plex town homes in comparison to a single family home since the street frontages are about the same. Director of Public Works Colbert explained the assessment policy and stated that it is difficult to develop an assessment policy that addresses each unique situation. Ken Stangenes, 3744 Denmark Avenue, noted that he feels it is a good idea to upgrade Denmark. He questioned if the general public contributes to the assessment since this is a collector road. Director of Public Works Colbert stated that 75% of the assessment is being paid for by the City out of the major street fund, which receives revenue from the gas tax, state aid street funds and general property taxes. There being no one else wishing to speak, Mayor Egan tumed the discussion back to the Council. He said that the City Council appreciates the public's attendance at the informational meeting as well as tonight's Council meeting. He acknowledged letters that were received from some residents. He noted that the City is paying for a significant portion of the project. Discussion occurred as to whether it would be appropriate to obtain appraisals. It was determined that it would not be appropriate for this project since the assessments per lot is less than $2,500 and having an appraisal done would increase the cost of the proposed assessment. Council member Wachter referenced one of the letters submitted by a resident and stated that solutions are being sought to reduce the number of trips per day by garbage trucks through residential neighborhoods. Director of Public Works Colbert mentioned that at the informational meeting residents were encouraged to collectively choose a designated hauler which may result in a more competitive bid and also would reduce the number of garbage trucks in their neighborhoods. Council member Wachter moved, Council member Awada seconded to close the public hearing and approve Project 713 (Denmark Avenue, Court & Trail; Kolstad Lane, Road; and Timbershore Lane - Street Rehabilitation) and, if approved, authorize the preparation of detailed plans and specifications. Aye: 5 Nay: o AMENDMENT TO COMPREHENSIVE TRAILS PLAN Director of Public Works Colbert provided an overview on this item. Councilmember Awada asked if the developer who owns the property north of North Wood Drive is considering developing the site for multi- family use. Senior Planner Ridley said that there are no definite plans for development yet. Councilmember Awada said that it should be suggested to the developer that the City is in need of more office space. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he tumed the discussion back to the Council. Councilmember Awada moved, Councilmember Wachter seconded a motion close the public hearing and approve the amendment to the Master Trails Plan which includes a trails/sidewalk on Denmark Drive from Lone Oak Road to North Wood Drive. Aye: 5 Nay: 0 00109 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 7 IW @IJS!~~S ADOPTION OF FERTILIZER CONTROL ORDINANCE City Administrator Hedges provided an overview on this item. Councilmember Blomquist raised questions about some of the wording in the proposed ordinance. She said she supports an ordinance of this type but feels it doesn't do enough and is a selective ordinance. Councilmember Wachter noted that he received a call from a resident who commented that this is more govemmental control. Councilmember Wachter said that the City is spending a lot of taxpayer dollars to clean up the lakes. He further added that this is the first step in trying to control the runoff of fertilizer into the lakes. Councilmember Awada asked about the survey that was conducted of fertilizer applicators in the City of Eagan and what type of fertilizer they were using. Rich Brasch, Water Resource Coordinator, stated that five of the seven surveyed were using a fertilizer with phosphorous content of 3% or less and two of the companies were above that amount. Councilmember Awada said that typically larger companies use only phosphate that contains 3% or less phosphorous content. She further said she would not support this ordinance because it is selective. Water Resource Coordinator Brasch explained the reason for not allowing fertilizer applications when the ground is frozen and that the dates of November 15 through April 1 are used as guidelines. He noted that the dates could be eliminated and the wording ''when the ground is frozen" could be retained. Councilmember Masin said that a lot of time has been spent on trying to draft an ordinance and that this is one step toward making the strides the Council wanted to achieve. Mayor Egan commented that this is an essential first step and he supported the ordinance. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve an ordinance amendment requiring the licensure of commercial turf fertilizer applicators and to set a license fee. Aye: 3 Nay: 2 (Councilmembers Blomquist and Awada opposed) APPOINTMENT TO BURNSVILLElEAGAN TELECOMMUNICATIONS COMMISSION City Administrator Hedges provided an overview on this item. He explained the ballot system used by the Council to appoint commission members. By ballot, Jerry Sowells was appointed as a member of the Bumsville/Eagan Telecommunications Commission to fill the remainder of a one-year altemate term to expire on December 31, 1997. IIW'P:IJBI;IJ ORDINANCE AMENDMENT, CITY CODE CHAPTER 7, STREETS AND SIDEWALKS, PERTAINING TO THE MANAGEMENT OF PRIVATE USES OF PUBLIC RIGHTS OF WAY This item was pulled from New Business and moved to the Consent Agenda, Item a, and continued to the May 6, 1997 City Council meeting. PLANNED DEVELOPMENT AMENDMENT - NORWEST BANK MN City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Jeff PfIipsen, the applicant's architect, requested that the additional parking stalls they were 00110 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1, 1997 PAGE 8 proposing to add be nine feet in width instead of ten. He said that all the existing stalls would be ten feet wide. Council member Masin stated that the Advisory Planning Commission's recommendation to maintain the customer parking stalls at ten feet and the employee parking stalls at nine feet should be followed. Mr. PfIipsen explained the proposed parking lot layout and said that they are over in the requirement for customer parking. He added that not all their employees work at the same time and they do not want to designate the additional stalls for employee parking only since this would discourage customers from parking there if space is available. Council member Masin noted that the outer eight stalls shall be signed for employee parking as per the APC recommendation. Councilmember Awada supported the request for allowing the additional eight stalls to be nine feet in width. Councilmember Blomquist asked if this area would be signed employee parking. Mr. PfIipsen reiterated that they did not want to sign that area so as not to discourage customers from parking there. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Planned Development Amendment to the Site Plan to allow construction of a new building entry and modifications to the parking lot and access drives for the existing bank building located on the northeast comer of Yankee Doodle Road and Pilot Knob Road, 3390 Pilot Knob Road, legally described as Lot 1, Block 1, Norwest 1 st Addition, in the SW 1/4 of Section 10 subject to the following conditions: 1. The employee parking area adjacent to the A TM drive aisle shall be signed to identify it as employee parking. 2. Parking stalls shall be ten feet wide with the exception of handicapped stalls, signed employee parking and an additional nine stalls located in the northwest portion of the customer area as shown on the site plan dated March 5, 1997additional eight stalls proposed to be added which may be nine feet wide. 3. The two proposed Skyline Locust trees should be 4" diameter to compensate for the net loss of existing trees which are larger. 4. A Planned Development Amendment Agreement shall be executed which includes the following exhibits: Site/Grading/Landscape Plan Building Elevations CONDITIONAL USE PERMITS & VARIANCES - PENSKE TRUCK & LEASING City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. A facility manager with Penske, stated that they are in agreement with all of the Advisory Planning Commission's recommendations. He added that the building will be redesigned to include more split face masonry and will meet the ordinance requirement which allows the exterior to consist of 25% metal. Council member Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow outdoor storage of 96 trucks and/or trailers on Lot 3, Block 3, Eagandale Corporate Center, subject to the following conditions: 1. Development shall occur in accordance with the approved site plan, modified to delineate employee and truck/trailer parking. 2. Prior to issuance of a building permit, revised grading plans reflecting the lowered grades should be approved by the City Public Works Department and an amendment to the Eagandale Corporate Center development contract referencing the revised grading plans shall be approved by the City Council. 3. The exterior building materials shall conform to the City's Exterior Architectural Design Standards. 4. The developer shall submit a photometric lighting plan indicating light levels at the property 00111 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 9 perimeter prior to issuance of a building permit. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow sales (leasing) and service of trucks and trailers on Lot 3, Block 3, Eagandale Corporate Center, subject to the following conditions: 1. All repairs of vehicles must occur inside the building. 2. Sales, leasing and service is only allowed for vehicles owned by the property owner. No retail sales or service is allowed. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve Variances to Section 11.10, Subd. 29, C.1. (outdoor storage enclosure standards) to allow the items to be stored outside to be taller than the 6 foot fence enclosure and allow the fence enclosure to encroach into the required 40 foot front building setback. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT & VARIANCE - U.S. WEST City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. John Hollembeck, representing the applicant, stated that U.S. West is in compliance with all of the conditions. Council member Wachter noted that the 76 foot variance is quite large. He questioned if the monopole would devalue the lot to the west. Mr. Hollembeck stated that studies have been conducted regarding the affect on property values and no evidence exists that monopoles reduce residential property values. Councilmember Wachter raised a concem about the possibility of the tower falling on a business that may someday be located on the lot to the west. Mayor Egan noted that these concems will be addressed under the new ordinance in the future. Senior Planner Ridley stated that the tower would not fall in a straight line. Mr. Hollembeck explained the wind load affect on the tower and added that with prolonged heavy wind the tower would only bend near the top. Ridley said that proper notification was given and no letters or public objection was received. Council member Awada moved, Mayor Egan seconded a motion to approve a Conditional Use Permit (CUP) to allow a communication monopole on a portion of the property located at 1075 Lone Oak Road, on Lot 3, Block 1, Bell Lexington Addition, (PID #10-13600-030-01) in the SW 1/4 of Section 2 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. U.S. West shall provide the City written correspondence from the FAA, relative to the proposed tower height. The CUP shall be continually subject to the following conditions: 1. The Conditional Use Permit provides for a 100' tall communication monopole tower and equipment building. 2. The equipment building shall be constructed of materials and color compatible with the principal building. 3. If required, expansion of the equipment building shall be provided in the event other wireless communication service provides located on the proposed tower. Any expansion will require 00112 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 10 a building permit. 4. A trash enclosure to house the dumpsters shall be constructed behind the existing building by September 1, 1997. 5. No signage, other than for public safety wamings or equipment information, shall be affixed to the tower or equipment building. 6. No artificial illumination shall be allowed on the tower, except when required by law or by a governmental agency. 7. The tower, or any equipment attached thereto, shall be unclimbable for the first twelve (12) feet or completely surrounded by a six (6) foot fence. 8. A building permit shall be obtained for the erection of the monopole and equipment building. 9. The applicant shall provide the City documentation, from a structural engineer, at the time of building permit application confirming the structural integrity of the proposed monopole. 10. The applicant shall provide co-Iocation opportunities, if technologically feasible to other wireless communication service providers. 11. The monopole tower and equipment building shall be in compliance with the submitted site plan shown on the attached Exhibit A. 12. Landscaping, as shown on the attached Exhibit B, shall be completed by November 1,1997. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Awada moved, Mayor Egan seconded a motion to approve a 76 foot Variance to allow a tower that is higher than the distance from the base of the tower to the nearest property line. Aye: 4 Nay: 1 (Councilmember Wachter opposed) CONDITIONAL USE PERMIT - TARGET STORES City Administrator Hedges provided an overview on the Conditional Use Permits being requested by Target Stores, Cub Foods, Knox Lumber and Rainbow Fpods (Items E-H, New Business) since they were all for the seasonal outdoor sale of plants. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and planting material and a temporary greenhouse structure to be located in the parking lot of the store located at 2200 Cliff Lake Road, on Lot 3, Block 1, Cliff Lake Centre, (PID #10-17780-030-01) in the SW X of Section 29 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised site plan shall be submitted showing the temporary greenhouse structure located at the southeastem most comer of the parking lot at the end of the parking row. The CUP shall be continually subject to the following conditions: 1. The greenhouse and display area shall occur between April 12th and July 15th of each year. 2. The greenhouse and plant display areas shall be removed from the property by July 20th of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no oe113 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 11 parking" and bordered with barricades while the greenhouse structure is in place and shall conform with the standards of the Uniform Fire Code. 4. All sign age shall meet City Code requirements. 5. No outdoor storage other than which is approved by the City shall occur on the site. 6. The seasonal outdoor sale shall consist of plants and plant products only. 7. A building permit is required for construction of the temporary greenhouse structure. 8. An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. 9. The pumpkin display area shall occur between October 1" and October 31st of each year. The display area shall be removed from the property by November 1 st of each year. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Wachter stated he was opposed because he feels the City is being inundated with nurseries. CONDITIONAL USE PERMIT - CUB FOODS Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and planting material and a temporary greenhouse structure to be located in the parking lot of the store located at 1940 Cliff Lake Road, on Lot 1, Block 1, Cliff Lake Centre, (PID #10-17780-010-01) in the SW ~.of Section 29 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The greenhouse and display area shall occur between April 13th and June 13th of each year. 2. The greenhouse shall be removed from the property by June 20th of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed "no parking" and bordered with a barricade while the structure is standing and shall conform with the standards of the Uniform Fire Code. 4. All signage shall meet City Code requirements. 5. No outdoor storage other than which is approved by the City shall occur on the site. 6. A building permit is required for the construction of the temporary greenhouse structure. 7. An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. 8. The seasonal outdoor sale shall consist of plants and plant products only. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan shown on the attached Exhibit A. Aye: 4 Nay: 1 (Council member Wachter opposed) 00114 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1.1997 PAGE 12 CONDITIONAL USE PERMIT - KNOX LUMBER City Administrator Hedges noted that with regard to Knox Lumber's request for a conditional use permit, there is one additional condition that needed to be addressed. Senior Planner Ridley stated that Knox already has a conditional use permit for outdoor storage of building supplies. He further stated that now they are requesting a conditional use permit for the outdoor storage of plants, planting materials and garden supplies. He noted that their request to have outdoor storage for the garden center from April 15 through October 15 exceeds the time limit as allowed in a seasonal sales CUP. He added that they are requesting to amend the existing CUP to include the garden center for the time period of April through October. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of plants, bagged planting materials and garden supplies at 2905 Lexington Avenue, legally described as Lot 1, Block 1, Eagandale Center Industrial Park, located on the west side of Lexington Avenue and north of Lone Oak Road in the SE ~ of Section 3 subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of City Council approval and proof of its recording provided to the City. 2. Outdoor storage of garden materials consisting of plants and bagged plant materials such as soil, fertilizer, peat, decorative rock and bark, etc. shall be permitted only between April 15 and October 15 of each year. 3. There shall be no outside sales or displays. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT & VARIANCE - RAINBOW FOODS Senior Planner Ridley noted that the variance request being made by Rainbow Foods was to allow for two 24 square foot temporary signs (48 total square feet) from April 12th through July 12th. Pat Branson, applicant, clarified the location of the two signs and stated two signs were needed to allow visibility from both sides. Council member Awada said that the City Council strives to treat all businesses the same. Councilmember Awada moved, Mayor Egan seconded a motion to approve a Conditional Use Permit (CUP) to allow the seasonal outdoor sale of plants and planting materials and a temporary greenhouse structure to be located in the parking lot of the store located at 1276 Town Centre Drive, on Lot 1, Block 1, Town Centre 70 Second Addition, (PID #10-77026-010-01) in the SW ~ of Section 29 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The greenhouse and display area shall occur between April 12111 and July 12111 of each year. 2. The greenhouse shall be removed from the property by July 12111 of each year. 3. All parking stalls within 30 feet of the temporary greenhouse structure shall be signed as "no parking" and bordered with barricades while the structure is standing and shall conform with the standards of the Uniform Fire Code. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. All signage shall meet City Code requirements. 00115 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 13 6. The seasonal outdoor sale shall consist of plants and plant products only. 7. A building permit is required for the construction of the temporary greenhouse structure. 8. An enclosure shall be provided for all product display areas with the exception that trees and shrubs may exceed the height of the enclosure. 9. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan shown on the attached Exhibit A. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Mr. Branson withdrew his request for a second 24 square foot temporary business sign. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Variance to allow a maximum of 24 square feet temporary business signage to be placed on the property during the temporary business sale from April 12th to July 12th of each year. Aye: 5 Nay: 0 ~G~$f.A'""EIt~tgR~~~M~~~.AI7J::4f8$ Council member Masin asked if the Joint Powers Agreement with the Minnesota Valley Transit Authority would be placed on the next City Council agenda. City Administrator Hedges stated that the item would be on the April 15, 1997 City Council agenda for consideration. Mayor Egan noted that an Executive Session would be held following the City Council meeting. ~MJ~~~GI~r;NP~ SPECIAL CITY COUNCIL MEETING SCHEDULE FOR THE MONTH OF APRIL City Administrator Hedges commented that an outline of tentative Council meetings for the next two months was put together for the City Council's consideration. There was a question raised about the starting time for the April 22 Council retreat. It was decided that the retreat would begin at 2:00 p.m. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the Special City Council meeting schedule for the month of April, including Special City Council meetings for April 15 and 29 at 5:00 p.m. and the Council Retreat for April 22 beginning at 2:00 p.m. Aye: 5 Nay: 0 1997 LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE Council members Awada and Masin commented that the conference should be held on the weekend instead of in the middle of the week. Councilmembers discussed who would be able to attend the conference and decided that registrations could be shared. .~~~,.~~~ PROJECT 720, EAGAN BUSINESS COMMONS - STREETS & UTILITIES Director of Public Works Colbert stated that staff met with representatives of Roseville Properties today and they are considering building at Eagan Business Commons. He further stated that their development application has been to the Advisory Planning Commission and a petition requesting the preparation of a feasibility report and detail plans has been submitted. He said that the Engineering Department inadvertently did not process the application and he requested Council authorization to prepare the feasibility report and plans. Councilmember Awada moved, Mayor Egan seconded a motion to receive a petition for Project 720, Eagan Business Commons (Streets & Utilities) and authorized the preparation of a feasibility report and detail 00"116 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1,1997 PAGE 14 plans and specifications. Aye: 5 Nay: 0 Director of Public Works Colbert noted that Black Dog Road has been closed due to spring flooding. City Attomey Sheldon stated that an Executive Session would be held following the Council meeting. City Administrator Hedges said that there were two news stories which appeared on the 6:00 p.m. and 6:30 p.m. news regarding the road unit fees collected by the City of Eagan and the pending litigation. He stated that because of copyright reasons the news stories could not be shown to the public and he suggested the Council suspend the meeting to view the videotape of the broadcast. Councilmember Wachter noted that he attended the North American speedskating championships at the Eagan Civic Arena. City Administrator Hedges said that the event brought the best athletes from North America to Eagan. Mayor Egan commented that it is nice to have a facility in the community to host this event. Council members Awada and Masin said that they have not been receiving the Goveming magazine. City Administrator Hedges stated that he would arrange for the magazine to be sent to them. Councilmember Wachter referenced an article in the Goveming magazine which states that 38 of the 87 county governments in Minnesota have agreed to participate in a telecommunications collaboration project. He said he did not know if Dakota County is involved with this project or how this would affect the City of Eagan. He questioned if there is some duplication of these services. Councilmember Wachter suggested shortening the name of the Advisory Parks, Recreation and Natural Resources Commission. Councilmembers concurred with shortening the name. Councilmember Wachter moved, Councilmember Awada seconded a motion to change the name of the Advisory Parks, Recreation and Natural Resources Commission to the Advisory Parks Commission. Aye: 5 Nay: 0 Council member Awada referenced about information that was sent to the City by the law firm of Larkin Hoffman. City Administrator Hedges stated that he would research the information. Council member Masin commented on the number of bus benches in the City and said that the City is working on a policy to regulate the number and placement of benches in the City. She said that if anyone from the public wants a particular bus bench removed they could let City staff know. She stated that she and the Mayor attended the Bumsville/Eagan Access Volunteer Appreciation event. She also stated that she attended the business forum held at Fitz's and there was discussion about improvement to the Cedarvale area. She mentioned that Planner Shannon Tyree can be contacted if anyone has specific questions about the Cedarvale area. Councilmember Blomquist said she did not have time to scrutinize the bills because she was out of town and she reserved the right to ask staff questions about the bill's list. She discussed the details of her trip to the 33rd Annual Aerospace Forum. She thanked the members of the Police Department for the crowd control they provided at the Balloon Connection resulting from the sale of Beanie Babies. She commented that Cub Foods should not be faulted for the lack of employee parking during the flower sale. Councilmember Awada mentioned that the Shrine Circus is this weekend. Councilmember Wachter had a question on the bill's list. Councilmember Wachter moved, Mayor Egan seconded a motion to suspend the City Council meeting temporarily to view the videotape of the news broadcast regarding the road unit fees. Aye: 5 Nay: o After retuming to the City Council meeting, Mayor Egan commented that the City Council had the opportunity to view a videotape of the news broadcast regarding road unit fees and pending legal action involving the City. OC1:t7 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 1 , 1997 PAGE 15 "~P~~{3Is:rER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated March 27, 1997 in the amount 01$1,563,017.49. Aye: 5 Nay: 0 ..~~"gf:ft The meeting adjoumed at 9:55 p.m. to an Executive Session. MLK April 1, 1997 Date ~U& \ - City Clerk 'i If you need these minutes in an altemative 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, sexual orientation, marital status or status with regard to public assistance.