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11/03/1997 - City Council Regular MINUfES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 3, 1997 00356 A regular meeting of the Eagan City Council was held on Monday, November 3, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and CounciImembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. IfLENfl~ City Administrator Hedges noted that U.S. Bench Corporation presented the City with a letter requesting consideration of a proposal by the bus companies to remove a certain number of benches and further requesting that following this reduction the City Council consider a moratorium for one year limiting bus bench activity which would provide the Council an opportunity to conduct a study on the future of bus benches in the City. CounciImember Awada moved, CounciImember Wachter seconded a motion to add to the consent agenda consideration of action to approve an extension of time until December 1, 1997 for removal of all bus benches. Aye: 5 Nay: 0 CounciImember Masin moved, Mayor Egan seconded a motion to reconsider a request by U.S. Bench Corporation to have the bus bench policy heard. Aye: 2 Nay: 3 (CounciImembers Awada, Wachter and Blomquist opposed). Due to the lack of a majority the motion failed and the request for reconsideration was denied. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 rfti<n'~i.':;eE:tHEYoerolnm:~l~~' .... 'REG~;nmEriNG !X.l,,'{~~!>Bf'.....,,". '. .... .u'." . ...}i1!l!!l_...\?~ ...._~.' CounciImember Masin requested that on page 12, the motion in the second paragraph under Administrative Agenda, should indicate that CounciImember Masin moved. She also requested that the following clarification be added to the end of the first sentence in the next paragraph: to address a replacement program. She further requested that on page 14 in the third paragraph under Roundtable, Delta Development should be changed to Delta Dental. CounciImember Awada moved, CounciImember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 rmE~~~ In regard to Item A 1, Secretary for the Fire Department, CounciImember Blomquist asked if this position was included in the budget. City Administrator Hedges stated that this position was budgeted for and this is the only full-time staff person in the department. In regard to Item A 2, Temporary Recycling Intern, CounciImember Blomquist questioned why this position has been vacant several times and not filled. City Administrator Hedges explained that many of the interns find gainful employment and leave the City. He added that some internships are hard to fill due to scheduling conflicts with school and the lack of applicants. He noted that this position is compensated 100% through the Dakota County Landfill Abatement Grant program. He commented on Item A 4, the Temporary Planning Intern. and indicated that this intern resigned to accept a full-time Planner position in Aspen, Colorado. CounciImember Blomquist stated that she is concerned about the staff time involved to train these interns who stay for short periods of time and the use of tax dollars to fund these positions. She noted that she would be voting against Item A 2. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 2 0035'-' In regard to Item E, Resolution regarding continued participation in the Livable Communities Program, CounciImember Blomquist noted that this is the first opportunity she has had to vote on this resolution and she said she was surprised to see how little money the City would be taking in. She further said that the market place dictates what types of houses are sold in the community. She stated that no internal system of the Metropolitan Council should be able to dictate that. She added that the money used for this program comes from tax dollars and probably comes from the state. She indicated she would not support this. CounciImember Wachter asked if the money goes to the Dakota County HRA. City Administrator Hedges stated that programs are coordinated between the HRA and the City. Mayor Egan stated that the City is paying money toward goals the City Council has already established for affordable housing in the City. He said the money that is being spent has already been dedicated for that purpose. He further said the Council is seeking to meet the goals it has established under the livable community guidelines. He noted that the Council probably would have established these goals under any given circumstances, but it is being done under the auspices of livable communities and gives the City flexibility in determining how to spend those dollars. He went on to say that Councilmember Blomquist voted on livable communities when an application was made for financing assistance for the Cedarvale and Promenade areas. He noted that livable communities has been adopted by virtually every city in the seven county metropolitan area and all of the cities in Dakota County. CounciImember A wada said that she agreed with Mayor Egan that adopting the livable community guidelines is more favorable than the other proposed legislative alternatives, but she added that she would be voting against this item as she did last year. CounciImembers Awada, Blomquist and Wachter were opposed to approving the resolution. City Administrator Hedges suggested the City Council discuss this item at an upcoming Special City Council meeting in order for them to fully understand all of the ramifications. Mayor Egan noted that the City's goals need to be submitted to the Metropolitan Council by November 15. City Administrator Hedges said that he would contact the Metropolitan Council and inform them that the item will be reviewed at the November 18 Special City Council meeting and considered for action at the regular City Council meeting on November 18. A. Personnel Items Item 1. It was recommended to approve the hiring of Pam Marengo as the Secretary for the Fire Department. Item 2. It was recommended to approve the hiring of Amy Larkin as a temporary Recycling Intern. (CounciImember Blomquist opposed) Item 3. It was recommended to accept the letter of resignation from Franklin Martin, Temporary Building Inspector. Item 4. It was recommended to accept the letter of resignation of Tamara Pregl as a temporary Planning Intern. Item 5. It was recommended to approve the pay range of clerical level 6 for the expanded position of Account Clerk/Deputy Oerk position and non-exempt pay range I for the expanded Administrative Secretary /Deputy Clerk position. Item 6. It was recommended to approve the repeal of the City of Eagan's affirmative action policy/plan. B. Resolution approving exemption from lawful gambling license, South Metro Chapter/Minnesota Deer 97-89 Hunters Association to conduct a raffle on February 27, 1998 at Royal Cliff. It was recommended to approve a resolution providing for an exemption from the lawful gambling license requirement for the EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 3 00358 South Metro Chapter of the Minnesota Deer Hunters Association for a raffle which will be held at the Royal Cliff facility on February 27,1998. C. Waiver of Subdivision for a duplex lot split to allow individual ownership for Lot 1, Block 1, Wescott 97-90 Hills 5th Addition, Tohn B. Mahoney. It was recommended to approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership for Lot 1, Block 1, Wescott Hills 5th located at 876 & 878 Wescott Square. D. Pinal Subdivision, Opus Corporation for Eagan Promenade Third Addition. It was recommended to 97-91 approve a Pinal Subdivision (Eagan Promenade 3rd Addition) consisting of one lot on property currently platted as Lot 9, Block 2, Eagan Promenade. E. Resolution regarding continued participation in the Livable Communities Program. (This item was continued to the November 18, 1997 Special City Council meeting.) P. Set public hearing, Cedarvale Special Service District 1998 Budget. It was recommended to set a public hearing for December 3 for the Cedarvale Special Service District 1998 budget consideration. G. Contract 97-13, receive bids/award contract. Southern Lakes/Inver Grove Heights (Trunk Utilities). It was recommended to receive the bids for Contract 97-13 (IGH/Southern Lakes - Trunk Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. (CounciImembers Wachter and Blomquist opposed) H. Contract 98-01, approve plans/order ad for bids (Southern Lakes Water Tower). It was recommended to approve the plans for Contract 98-01 (Southern Lakes - Water Tower) and authorize the advertisement for a bid opening to be held at 2:00 p.m. on Monday, December 8,1997. (CounciImembers Wachter and Blomquist opposed) I. Contract 97-10, receive bids/award contract. TH 149 & Lone Oak Parkway (Signalization). It was recommended to receive the bids for Contract 97-10 (Hwy. 149 & Lone Oak Parkway - Signalization), award the contract to the lowest responsible bidder and authorize the Mayor and City Oerk to execute all related documents, subject to MnDOT's approval of the cooperative agreement. J. Contract 97-15, approve Change Order No.1, Murphy Parkway (Watermain Improvements). It was recommended to approve Change Order No.1 to Contract 97-15 (Murphy Parkway - Trunk Water Main Improvements) and authorize the Mayor and City Clerk tQ execute all related documents. K Contract 96-20, approve final payment/ authorize City maintenance, Eagan Central Area (Lighting Improvement). It was recommended to approve the final payment for Contract 96-20 (Yankee Doodle Road, Denmark Avenue, Northwood Drive, Promenade Avenue - Street & Pedestrian Lighting Improvements) in the amount of $26,025.36 to Peoples Electric Company, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. L. Contract 95-LL. extend completion date of development agreement. Eagan Heights Town Homes 151 Addition. It was recommended to extend the completion date for Project 95-LL (Eagan Heights Town Homes, 1st Addition - Town & Country Homes) street construction stated in the development agreement with the City of Eagan to June 30, 1998. M. Contract 96-01, approve Change Order No.5, Eagandale Corporate Center Phase I (Street & Utility Improvements). It was recommended to approve Change Order No.5 to Contract 96-01 (Eagandale Corporate Center Phase I - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 4 00359 N. Project 687, receive final assessment roll/ order public hearing. Biscayne Avenue (Street & Utility Improvements). It was recommended to receive the final assessment roll for Project 687 (Biscayne Ave. - Streets & Utilities) and authorize the final assessment hearing to be scheduled for December 16, 1997. O. Extension of time for bus bench removal. It was recommended to approve an extension of time to December 1,1997 for removal of all bus benches. CounciImember Awada moved, CounciImember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 MtmD":~">D"':'rGS ~~'~~"b" All public hearings originally scheduled for November 4 were rescheduled for November 18. 1fiH'-jJUSINESS ~''''''',"".,..x;;;,-,,,,,";,,*,,,,,,;;;,.,.,,,,,,_,,,,~,;.._~_;__ CONDITIONAL USE PERMIT - DART TRANSIT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Gary Santoorjian, representing Dart Transit, was available for questions. CounciImember A wada asked him if he was aware of the City Attorney's request to include an additional condition regarding the term of the CUP. Mr. Santoorjian stated he was unaware of it. Senior Planner Ridley explained the rationale for the added condition. Mr. Santoorjian indicated he was not in favor of it. Mayor Egan stated that if Kwik Trip develops a portion of the site and a residential outlot still remains Dart Transit could make application for another CUP. Mr. Santoorjian asked if the conditions regarding wetlands, storm sewer and landscape guarantee had been revised as discussed at the Advisory Planning Commission meeting. Senior Planner Ridley indicated they had been revised. CounciImember Wachter moved, CounciImember Awada seconded a motion to approve a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, west of TH 149, south of Stark's restaurant, in the east 1/2 of Section 12, subject to the following conditions: 1. This CUP relates to off-site outdoor storage per attached plans dated 10-7-97 to allow parking of 244 trucks. 2. The developer shall be responsible for their proportionate share of the construction of storm sewer along the west edge of the property. This storm sewer shall be constructed in accordance with the Storm Water Management Plan and City Engineering standards. The developer may choose from the following options to fulfill this responsibility. 1) The developer can construct the storm sewer themselves to the south edge of the property for future extension to the south; 2) The City could initiate a public improvement project to construct the system and the developer would be assessed the lateral benefit from the storm sewer system based on contributing flows. This public improvement should be ordered by the City Council prior to issuance of a conditional use permit; or 3) another alternative as approved by the City. 3. The developer shall provide adequate drainage and utility easement over the trunk storm sewer along the west edge of the property prior to issuance of a conditional use permit. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGES 00360 4. The existing Borchert-Ingersoll road on the south edge of the property shall be upgraded from a rural section to an urban section drive in accordance with City standards. 5. The developer shall comply with MnDOT requirements for receipt of an access permit onto TH 149. 6. Runoff from impervious surfaces within the site shall be treated with on-site ponding prior to discharge off the site. The inlet to the pond shall contain an energy dissipater of an acceptable design to the City and a skimmer suitable to the City shall be installed on the outlet. The ponding configuration must be approved by the City's water resource coordinator prior to issuance of a grading permit. 7. The developer shall allow the required $5,000.00 landscape guarantee to be held in escrow for two years. 8. The property shall be platted prior to issuance of a building permit. 9. The Conditional Use Permit shall terminate upon the development of the "Kwik Trip" parcel or upon termination of the principal use on the Dart headquarters site, whichever comes first. Aye: 5 Nay: 0 rm:yt.B"QS~~S CONDITIONAL USE PERMIT - JERRY'S GARDEN CENTER City Administrator Hedges provided an overview on this item and the following item concurrently. Senior Planner Ridley gave a staff report on both CUP requests submitted by Jerry's Garden Center. Mayor Egan noted that the City previously charged $50 per year and now the applicant has been changed to charge a one-time fee of $150 along with a $500 deposit. He stated that it is difficult for non- profit groups to pay these fees. He also stated that both of these sites are being used by Boy Scouts and the operation is only temporary and he questioned if the escrow was necessary. He added that the reason a CUP is required is because of the duration of the event. He questioned if the Council should re-examine non-profit groups and whether they should be required to pay the fees and escrow. He noted that the same situation should apply to Items C and D of New Business, Eagan Evangelical Covenant Church. He further noted that the church has already paid the fees and escrow for their CUP requests. Councilmember A wada asked how long it would take to return the unused balance of the fees to the church. Senior Planner Ridley explained that it would take approximately 45 days after Council action. City Administrator Hedges added that the fees are required 45 days prior to Council action and together with the 45 days following Council action the applicant has to wait 90 days for a refund. Mayor Egan stated that the City has charged the Boy Scouts $50 annually for years. City Administrator Hedges explained that the reason for the escrow is to cover the staff cost of processing the application. He added this is a policy issue and the Council should determine if they want to recover any and all costs associated with the processing of the application. CounciImember Awada questioned if the Council waives the fees for nonprofit groups does that discriminate against for profit groups. Mayor Egan said the Christmas tree sale by the Boy Scouts is a short, seasonal operation. City Administrator Hedges noted that the Boy Scouts will be unable to continue this tradition if the escrow fee is required. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3,1997 PAGE 6 00361 CounciImember Blomquist said she felt this situation is different than if a for profit group were making the same request. She further said that the Boy Scout tree sale is an accepted tradition in the community. She added that she is concerned about waiving fees for all nonprofit organizations without first reviewing the request. Mayor Egan agreed with CounciImember Blomquist. CounciImember Awada noted that the Boy Scouts used to be issued a temporary permit and would pay the fee annually and with the approval of a CUP they will only have to pay the fee once. She commented that the main problem appears to be with the escrow. Mayor Egan said that he would be willing to require payment of the $150 application fee and waive the escrow for this application. City Administrator Hedges noted that with regard to the four requests on this evening's agenda for Christmas tree sales they are all being requested on the same sites as last year. He raised the question as to whether the escrow should required for new sites. CounciImember A wada suggested the organizations be charged the application fee and any other costs incurred by staff and the escrow be waived. City Administrator Hedges mentioned the various costs involved to process an application. CounciImember Awada said she would support any option but felt it is important to treat profit and nonprofit groups the same. Mayor Egan noted that the reason the Council decided to issue CUP's instead of special use permits for these types of requests was to simplify the process. CounciImember Blomquist stated that many parents and boys in the community are active in Boy Scouts and she suggested the escrow be waived and the processing costs be determined and brought back to the City Council at the next meeting. Mayor Egan stated that the $150 fee should be collected and staff should be authorized to invoice the applicant for the actual cost the City incurs beyond the $150 fee. Councilmember Blomquist moved, CounciImember Wachter seconded a motion to waive the escrow fees and charge the application fee and any additional fees to cover the actual costs incurred by the City and approve a Conditional Use Permit to allow seasonal sales on Lot 1, Block 1, Town Centre 70 11 th Addition (Wal-Mart), located on Town Centre Drive in the NW 1/4 of Section 15 subject to the following conditions: The CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and proof submitted to the City. The CUP shall be continually subject to the following conditions: 2. The Christmas tree stand shall be allowed on the site between November 28th and December 24th of each year. 3. Sales shall only be permitted during the following hours: 11:00 AM. to 9:00 P.M. Monday through Priday and 9:00 AM. to 9:00 P.M. Saturday and Sunday. 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. The site shall be maintained free of trash and debris. 7. No parking associated with the seasonal sale shall occur off-site. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 7 00362 8. Tear down and clean up shall be completed no later than January 1st of each year. Aye: 5 Nay: 0 City Administrator Hedges clarified that the Boy Scouts would be charged the $150 application fee for each application and any additional costs incurred by staff for processing beyond the $150 would be billed to them. CONDITIONAL USE PERMIT - JERRY'S GARDEN CENTER This item was discussed in conjunction with the preceding item. CounciImember Blomquist moved, CounciImember Wachter seconded a motion to waive the escrow fees and charge the application fee and any additional fees to cover the actual costs incurred by the City and approve a Conditional Use Permit to allow seasonal sales on Lot 2, Block 1, Hadler Park, located on the south side of Cliff Road, west of the Walgreens store, in the NE quarter of Section 31 subject to the following conditions: The CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 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: 2. The Christmas tree stand shall be allowed on the site between November 28th and December 24th of each year. 3. Sales shall only be permitted during the following hours: 11:00 AM. to 9:00 P.M. Monday through Friday and 9:00 AM. to 9:00 P.M. Saturday and Sunday. 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. The site shall be maintained free of trash and debris. 7. No parking associated with the seasonal sale shall occur off-site. 8. Access drive aisle from Cliff Road to Walgreens shall not be blocked. 9. Tear down and clean up shall be completed no later than January 1, 1998. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - EAGAN EVANGELICAL COVENANT CHURCH City Administrator Hedges provided an overview on this item and the following item concurrently. Senior Planner Ridley gave a staff report on both the CUP and !UP requests submitted by Eagan Evangelical Covenant Church. Councilmember A wada asked what fees the applicant has already paid. Senior Planner Ridley said they paid $650 for each application. Mayor Egan suggested that the applicant should be charged the EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGES 00363 $150 application fee plus any additional costs incurred by the City and the remainder of the escrow should be refunded to them. CounciImember Blomquist moved, CounciImember Awada seconded a motion to waive the escrow fees and charge the application fee and any additional fees to cover the actual costs incurred by the City and approve a Conditional Use Permit to allow seasonal sales on Lot 1, Block 1, Eagan Evangelical Church, located at 4100 Lexington Way, in the southwest quarter of Section 23 subject to the following conditions: The CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 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: 2. The Christmas tree stand shall be allowed on the site between November 15th until December 20th of each year. 3. Sales shall only be permitted Monday through Thursdays 5:00 p.m. until 9:00 p.m., Fridays 5:00 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m., and Sundays 12:00 p.m. until 8:00 p.m. 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. The site shall be maintained free of trash and debris. 7. No parking associated with the seasonal sale shall occur off-site. 8. The proposed seasonal outdoor sale shall be in compliance with the submitted plan dated September 19, 1997. 9. Tear down and clean up shall be completed no later than January 101 of each year. CounciImember Masin questioned the burden being placed on this year's group of Boy Scouts by requiring them to pay the entire cost of the CUP application rather than each group paying a $50 application fee annually and spreading the cost out among each group. City Administrator Hedges noted that prior to this year the Council treated each request per site as a special use and this seemed to be too time consuming; therefore, they decided to implement the CUP process which requires the applicant to apply one time only. He commented thatCounciImember Awada's concern with regard to fairness should be looked at. CounciImember Wachter said that it is important to specify that the approved use is only for Christmas tree sales. City Administrator Hedges said that most nonprofit fundraisers do not exceed ten consecutive days and therefore are not required to apply for a CUP. Mayor Egan stated that if the cost of the one time application fee should is amortized over the length of the CUP the groups will ultimately save money. CounciImember A wada asked the City Attorney if the Council could include a different fee structure in the ordinance for nonprofit groups. City Attorney Sheldon stated that a CUP pertains to land issues and the Council has the authority to determine the fees to be charged. He said the Council could make the finding that it takes less time to process these types of requests versus the costs involved with EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 9 OU364 processing a CUP for commercial use. CounciImember Blomquist stated that the Council should review these requests on a case by case basis. A vote was taken on the motion. Aye: 5 Nay: 0 INTERIM USE PERMIT - EAGAN EVANGELICAL COVENANT CHURCH This item was discussed in conjunction with the preceding item. Councilmember Blomquist moved, CounciImember Wachter seconded a motion to waive the escrow fees and charge the application fee and any additional fees to cover the actual costs incurred by the City and approve an Interim Use Permit to allow seasonal sales on 2.4 acres agriculturally-zoned unplatted property located at the southwest corner of Cliff Road and Dodd Road in the NW 1,4 of Section 36 subject to the following conditions: The !UP shall be subject to the following conditions prior to issuance of an interim use permit: 1. The !UP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The !UP shall be continually subject to the following conditions: 2. The permit shall be valid for five (5) years or until property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed, whichever comes first. 3. The Christmas tree lot shall be allowed on the site between November 16th and December 20th. 4. The hours of operation shall be limited to Monday through Thursday, 5:00 p.m. until 9:00 p.m.; Friday 5:00 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; and Sundays 12:00 p.m. until 8:00 p.m. 5. All signage shall meet City Code requirements. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. The site shall be maintained free of trash or debris. 8. No parking associated with the seasonal sale shall occur off-site. 9. Access to the site shall be strictly from Dodd Road. 10. The proposed seasonal sales event shall be in compliance with all applicable City regulations. 11. Tear down and dean up shall be completed no later than January 1st of each year. Aye: 5 Nay: 0 Mark Delebo, representing Eagan Covenant Church, said he felt it was unfair that the church had to pay the application fees and escrow. He further said that they have $1600 tied up at this point. He asked when the escrow funds would be released by the City. City Administrator Hedges said that after EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 10 00365 the costs are determined by staff the fees can be released immediately. Mr. Delebo asked if the funds could be released within the next week. City Administrator Hedges stated that would be possible. CONDITIONAL USE PERMIT - D.G. ENTERPRISES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mike Dolney, representing D.G. Welding, stated that it has been a pleasure doing business with the City. CounciImember Awada moved, CounciImember Masin seconded a motion to approve a request for a Conditional Use Permit for D.G. Welding to allow the outdoor storage of structural steel, finished product, company vehicles and a trailer at its facility located on Lots 1, Block 1 Tan Me Addition (3265 Sun Drive) subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The storage shall not exceed 6' in height. 3. The outdoor storage shall be limited to company vehicles, structural steel, finished products, and a trailer as identified on the site plan dated October 3, 1997. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - R.J. RYAN CONSTRUCTION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Awada moved, CounciImember Wachter seconded a motion to approve a Conditional Use Permit to allow a trucking facility (Mats, Inc.) on Lot 3, Block 2, Eagandale Corporate Center, located on the south side of Aldrin Drive in the SE 1/4 of Section 11 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval with evidence of recording submitted to the City. 2. The grading of the site shall not encroach within the drainage and utility easement for Pond EP-3.2 located west of the site. 3. Grading easements should be obtained for grading, if any, on adjacent Lot 4, Block 2, prior to the issuance of a building permit. 4. The area of the Rockface C.M.U. that has been indicated to have single scoring must be scored at least twice. 5. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. 6. Plant material shall be installed in the two stand-alone islands in the employee parking area. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3,1997 PAGE 11 00366 7. Additional plant material shall be installed along the east and west perimeter of the site. 8. All trash and recyclable containers shall be stored inside the principal building or shall comply with City Code standards for outside storage of trash and recyclables. 9. All lighting shall conform to City Code standards. 10. The proposed truck terminal shall be in compliance with the submitted site plan dated October 9, 1997. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT & FINAL PLAT - MINNWEST BANK LOT 1, BLOCK 1, TOWN CENTRE 100 SEVENTEENTH ADDITION 97-92 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Lee Ashfeld, representing Minnwest Bank, provided background on Minnwest Bank. CounciImember Blomquist moved, CounciImember Masin seconded a motion to approve a Final Plat for Town Centre 100 17th Addition, in the NE 1/4 of Section 15. Aye: 5 Nay: 0 CounciImember Blomquist moved, CounciImember A wada seconded a motion to approve a Conditional Use Permit to allow a bank with a drive through facility on Lot 1, Block 1, Town Centre 100 17th Addition, located on the southeast corner of O'Leary Lane and Yankee Doodle Road in the NE 1/4 of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with the final plat of Town Centre 100 Seventeenth. 2. The site plan shall be revised to relocate the five future parking spaces shown just north of the site entrance to the east side of the drive-through lane and shown as angled parking. If those stalls are constructed in the future, they should be signed "Employee Parking". 3. The brick and rock face block building with an asphalt-shingled roof shall be of a color scheme that is compatible with the existing clinic located to the east. 4. All signage shall be consistent with the City Sign Ordinance. 5. The trash/ recycling containers enclosure shall be attached to the building constructed to match the principal building. 6. A cash water quality dedication of $2,875 will be required for the subject site. 7. The sanitary sewer will require work within Dakota County right-of-way. The developer will need to obtain permit approval from the County prior to the City issuing a building permit. 8. The final plan shall show a manhole for inspection and monitoring purposes of the sanitary sewer service at the right-of-way line. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 12 OU36? REZONING & PRELIMINARY SUBDIVISION - SPRINGBROOK CORPORATION MURPHY FARM 2ND ADDITION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. CounciImember Wachter stated that landscaping should not be installed too close to the road in order to avoid sight problems. Howard Kyllo, representing Springbrook Corporation, said that the City has restrictions on plantings in the boulevard. CounciImember Blomquist moved, CounciImember Awada seconded a motion to approve a Rezoning from Agricultural to R-1 Single Family on 2 acres located on the east side of Murphy Parkway, in the NW 1/4 of Section 21. Aye: 5 Nay: 0 CounciImember Blomquist moved, CounciImember Wachter seconded a motion to approve a PreIiminary Subdivision (Murphy Farm 2nd Addition) consisting of 5 lots on approximately 2 acres located on the east side of Murphy Parkway, in the NW % of Section 21, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, C1, C2, C4, D1, E1, F1, G1 Special Conditions 2. Individual tree preservation plans will be required for Lots 1, 2, and 3 at the time of building permit application. No tree removal or grading shall occur on these lots prior to approval of individual tree preservation plans. 3. Tree protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved during individual lot development. 4. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved individual Tree Preservation Plans. 5. The developer shall obtain a MnDOT permit for any grading within the I-35E right-of- way adjacent to this development prior to final subdivision approval. 6. The developer shall plat the property. 7. The developer shall provide landscaping consisting of a mix of deciduous and evergreen trees and shrubs in the freeway setback area. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 13 00368 PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT - KENNEDY TRANSMISSION TOWN CENTRE 70 TWENTIETH ADDITION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tim Kraft, applicant, stated they have been trying to find a site to relocate their business to for the past two years. He provided background on his business. He said that most of the businesses in this area have a flat roof and he requested they be allowed to build their building with a flat roof in order to save on the cost of a gabled roof which is between $12,000 and $15,000. Councilmember Wachter asked Mr. Kraft if his architect had considered a mansard roof. Jeff Amerman, the applicant's architect, indicated they had examined a number of different options and felt the flat roof was more appropriate. He added that a mansard roof will introduce another style in the area compared to what is already there. He explained the problems they would experience if they constructed a gabled roof. CounciImember Wachter said they could eIiminate a portion of the brick and the savings from that would offset the cost of a mansard or gabled roof. CounciImember A wada stated that the car wash adjacent to this site was required to construct a gabled roof. Mayor Egan stated that this property is being developed piecemeal and there does not appear to be any better alternative for development. He said this proposal is reasonably attractive. City Administrator Hedges commented that staff's concern was that this area could become inundated with car care businesses. He added that the applicant has designed his building well. Councilmember Blomquist asked who the landowner is for all the property adjacent to this site. Bruce Miller, representing Eagan Tower Office Building Partnership, stated they are the original property owner. He said Federal Land Company is now operating as MFC Properties Corporation and is the managing partner. Mayor Egan encouraged the property owner to try and reduce the number of outlets and the ownership to the greatest degree possible. Mr. Miller stated that the site had originally been looked at for the theater. He added that they have been marketing to the smaller uses. He further stated that it is possible to have five more users on this site. CounciImember Wachter reiterated his suggestion for a mansard roof and a reduction in the brick in order to offset the cost of the roof. Mr. Amerman commented on the difficulty of constructing a mansard roof due to the scale. He added that not only will a mansard roof cost more than a flat roof but it will add to the cost of framing. He further added that a mansard roof is a different style than what is already in this area. CounciImember Wachter suggested constructing a gable end roof on the office area only. He said that is necessary for the Council to require this business to comply with the same standards as the car wash in order to be fair to both that business owner and the residents in the area who had expressed their concerns with the design of the car wash. CounciImember A wada concurred with CounciImember Wachter's suggestion to have a gabled roof constructed on the office area so long as the office part faces east. Councilmember Awada moved, CounciImember Wachter seconded a motion to approve a PreIiminary Subdivision (Town Centre 70 Twentieth Addition) consisting of two lots on 7.63 acres currently platted as Outlot A, Town Centre 70 Nineteenth Addition, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 14 00369 A1, B1, B2, C1, C2, C4, D1 and E1, G1 2. The property shall be platted. Easements 3. Cross-easements for the internal service drives as shown on the master plan for Outlot A must be reviewed by City staff prior to filing of the plat. Parks and Recreation 4. Parks and trails dedication shall be fulfilled through a cash dedication. 5. The master plan for future development on proposed Outlot A, including internal service drives, dated 9/18/95 and last revised 7/29/96, shall be used to guide development on Outlot A Aye: 5 Nay: 0 CounciImember Awada moved, CounciImember Wachter seconded a motion to approve a Conditional Use Permit to allow construction of an auto service facility on proposed Lot 1, Block 1, Town Centre 70 Twentieth Addition, subject to the following conditions: 1. This permit shall be recorded at the Dakota County Recorder's office with the final plat. Building Architecture 2. Any rooftop mechanical equipment must be screened from view. 3. The brick exterior should be a beige or tan color scheme similar to that of the car wash building. Signage 4. All signage shall comply with the City of Eagan Sign Ordinance. A separate sign permit is required prior to installation of each sign. Trash/RecycIables Storage 5. All trash and recyclable materials shall be stored inside the principal building. Landscaping 6. The landscape plan should be revised to include other plants that will provide a green element during the winter. 7. Automatic irrigation of all landscaped and green areas is required. Lightin~ 8. To minimize visibility of the source of light from off the site, the proposed angled light fixture at the west side of the lot shall be replaced with one that is aimed directly downward. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 15 00370 Operations 9. All auto repair and maintenance shall be done inside the building. Aye: 5 Nay: 0 CounciImember Awada moved, CounciImember Wachter seconded a motion to approve a footing and foundation permit to allow construction of the auto service facility to begin prior to final subdivision approval and filing of the plat. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN CITY CODE SECTION 11.20, SUBD. 22 (C) REGARDING SCHOOLS IN BUSINESS PARK DISTRICTS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada said that approval should be given for all schools instead of allowing elementary and middle schools only. Senior Planner Ridley mentioned the types of schools that are permitted uses in the Business Park zoning district. He explained the reason that high schools were excluded is because 16 and 17 year old drivers would be coming into a site which might not be appropriate. CounciImember A wada stated that high schools should be included in the types of allowable uses. CounciImember Masin asked why schools were originally excluded from the Business Park District. Senior Planner Ridley indicated that schools were not purposely excluded but simply were not considered at the time. CounciImember Masin asked if it was appropriate for a school to be located on a specific site at a major intersection. Mayor Egan stated that conditions would be in place to address safety issues. CounciImember Masin indicated she would abstain from voting because she felt there was not enough information available at this time. CounciImember Blomquist moved, CounciImember A wada seconded a motion to approve an Ordinance Text Amendment allowing elementary, middle and high schools as a Conditional Use in the Business Park zoning district. Aye: 4 Nay: 0 (Councilmember Masin abstained) IIms~~~GQ~A~~ CounciImember Wachter commented on the lack of information on fiscal disparities in the LMC Proposed 1998 City Policies. City Administrator Hedges explained that the LMC addresses statewide policy and fiscal disparity only applies to the metropolitan area. CounciImember Wachter stated there should be a united effort between the various legislative bodies with regard to fiscal disparities. CounciImember Blomquist referred to page 7, lines 19 and 20 in the LMC Proposed 1998 City Policies and asked why cities need to conduct both a preIiminary and final tax levy hearing. She suggested that there should only be one hearing to adopt the levy. City Administrator Hedges explained the reasons for holding two hearings. Councilmember Blomquist stated the sentence regarding the authority to increase the final levy should be removed and the levy should only be voted on one time. Mayor Egan stated that the intent for two hearings is to allow the Council an opportunity to modify and lower the budget. CounciImember Blomquist reiterated that the statement regarding the ability to increase the final levy should be stricken. She also commented on page 20 with regard to growth management and annexation. She mentioned that line 23 requires Metropolitan Council to seek cooperation from the state of Wisconsin with regard to growth management and she said that the two states should be able to negotiate without Metropolitan Council's involvement. City Administrator EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3, 1997 PAGE 16 00371 Hedges noted that there are several counties on the eastern side of Minnesota in Wisconsin that are becoming beneficiaries of our public transportation, sewer expansions, freeways, etc. and the state of Minnesota is having to plan infrastructure that extends into Wisconsin. CounciImember Blomquist said that the state of Minnesota should be involved with the negotiations regarding growth management and not the Metropolitan Council. Mayor Egan stated that as a result of the resignation of Vern Peterson from the AMM a selection process has been undertaken for his replacement and there are many good candidates who are finalists for this position. City Administrator Hedges noted that CounciImember Blomquist's suggestions for the LMC Policy will be incorporated and the Policy will be discussed at the November 18 Special City Council meeting. ~A:Q(E CounciImember Wachter commented on the rebuilding of the I-35E bridge. He said the City should do what it can to expedite this process. He also commented on the Finance Department reorganization report and stated it was acceptable. CounciImember Masin said she is disappointed to see that an application has been received for the destruction of the Eagan Athletic Club. She further said she is excited about what is proposed for this site but she added that it is unfortunate that this building with all its amenities needs to be torn down. She stated that this could have been another possible site for the water facility park. She raised a concern about the diminishing 200 acres on the corner of Yankee Doodle and Lexington. She said she is concerned about the direction the Council is headed. She added that the Council has not fully examined the Wallace survey and the Parks Systems Update and made a plan for buildout for the future. She further added that she would like to have the Council conduct a goal setting or visioning in order to determine the appropriate locations for schools, etc., and what land should be preserved for the future. Mayor Egan stated that private landowners and developers determine the most appropriate locations for schools, etc. and the City's role is to facilitate development not dictate where it occurs. CounciImember Masin said that the Council should preserve certain areas for particular amenities that the residents of Eagan desire. CounciImember Wachter noted that the destruction of the Eagan Athletic Club is attributable to competition and the fact that this facility was no longer filling the needs of the people. CounciImember Masin reiterated that the Council has not planned well enough to ensure that desirable land is available in the future. Mayor Egan disagreed stating that the City has many plans to ensure that the City is well-developed and he said that he has received many comments from people who feel that way also. CounciImember Masin stated that there is nothing wrong with what has been done to date but that there needs to be a plan for the future since land is diminishing. CounciImember Blomquist added that visioning and goal setting are being done in conjunction with the Comprehensive Guide Plan Update. CounciImember Blomquist commented on a letter that she received from a neighbor on Oak Chase Road regarding an open median access at Oak Chase Road. She said that she and CounciImember Wachter should discuss the safety issue with Public Works Director Colbert. 1J11~~~1~ Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated October 30, 1997 in the amount of $2,175,317.98. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 3,1997 PAGE 17 iDj~~ 003712 The meeting adjourned at 8:35 p.m. November 3, 1997 Date MLK H you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.