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10/18/1988 - City Council RegularMINUTES OF REGULA 2: MEETING OFT ME EAGAN CITY COUNCIL : :: EAGAN, MINNESOTA . t#ctober 18 1988 A regular meeting of the Eagan City Council was held on Tuesday, October 18, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson, and McCrea. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, City: P1:a .n.DalRunkle, and Assistant City Attorney Michael G. Dougnerry AGENDA Gustafson moved, Wachtedinaecf;::: the motion to approve the agenda as amended. All voted:: - in favor MINUTES October 6, 1988. Councilmember Gustafson requested an addition on page 19, paragraph 4, o.f.: "All voted in favor." He Curtner requested the addition on:. e_24, paragraph 3, of: "All voted in favor." Councilmember Egan requested changes on page 15, paragraph 4, the following should be deleteu.developer) "; and paragraph 11, the correction of a typogr.apta;Cal error: "DeFosch" should read "DeLosch ". He also requested the following changes: Page 25, the first paragraph, the correction of "Roaay" to "Roaie "; and page 29, last paragraph, correction of spelling of "Taubert" to "Tower ". Mayor Ellison requested: the on page 15, paragraph 6, of spelling from "Green" to° 4 1 G r . eer . " .. —. ' Gustafson moved, Wachter s49ndedthe motion to approve the minutes for the October 6, 1988;regula:r meeting as amenaea. All voted in favor. REVISE AND RENEW CONTRACTUAL SNOW REMOVAL AGREEMENT (1988 -89) Public Works Director Tom Colbert informed the Council of the need to renew the snow removal agreement. Gustafson moved, Egan : ..:sreco . n . as . a,. : : .th . e motion to revise and renew the contractual snow removal agreesen:twith Bituminous Roadways for the 1988 -89 season and authorize the Mayor ana City Clerk to execute all related documents. All voted in favor. Page 2/CITY COUNCIL MEETING MINUTES October 18, 1988 STOP SIGN PETITION - DODD::: AT FARM ROAD Public Works Director Tom Coloert the Council on the petition for the installat14iiPtay stop sign at the intersection ot Doaa Road and4ar.6aci. Nancy Gustafson, 4822 Doaa Roaa, intormed the Council she authored the petition ana states that it was a busy intersection ana that the cars drove too tast. She naa safety concerns. The Council discussedWii4i was an increase in trattic since the paving of Doad Roaa aha:ques4oned it a speea study has been performed by the Police Department, Atter aiscussion, it was recommended that a speea stuoycond.iiretect. Wachter movea, Gustatdh the motion to continue the request for the installation of a 3-way stop sign at tne intersection of Doad Roaa with Farm Roaa to the November 17, 1988, Council meeting to allow the Police Department to conauct a speea stuay ana trattic count. All voted in favor. STOP SIGN PETITIONCOVINGTON LANE AT WEST BEACON HILL Public Works Director Tam Cakbtaavised the Council a petition haa been received requesting he installation of stop signs on Covington Lane at its intersedti,apthWest Beacon Hill Road. Ann Uzendoski, 1627 COV.igton Lane, presented the petition to the Council ana summarizecithe issue. Greg Boon, 1631 Covington Lane, urged the Council to approve the stop sign request as he had many concerns regarding safety at the intersection. Steve Casey, 4706 Bea66h his concerns regarding safety for the children in the 00.ghba0ooa, increased traffic at the intersection, teenage arivers, an the bus stops at the corner of the intersection. The Council discussed the safety, speea ana traffic issues. A traffic count was suggested. Egan moved, McCrea seconaea, the motion to continue the request for the installation of stop signs on :'.Gvington Lane at its intersection with West Beacon Hill Roaato the November 17, 1988, Council meeting, to ailow„thc344Pg: to conauct a speea study aria traffic count. Pa14 0040vor. Page 3 /CITY COUNCIL MEETING MINUTES October 18, 1988 CONTRACTUAL SEWERTELEVISING Public Works Director T :o mo.] ; :b :e:t reported to the Council the need of a Sewer Collection Syst aintenance Agreement tor 1988 and 1989. Mr. Colbert stated that $8,000.00 was budgeted for this expense. Gustafson moved, Wachte. the motion to approve the 1988 -89 Sewer Collection Sys:teni. l4aitite lance Agreement with Visu Sewer Clean and Seal Inc. and authoriz::e::the . .Mayor ana City Clerk to execute all related documents. All voted in taVbsr. CONDEMNATION OF TH:E::LILLIAN McCARTHY HOUSE City Administrator Tomhedges unformed the Council that the Advisory Parks ana Recreation Commission recommended action that would condemn the Lillian McCartny property on Lexington Avenue to allow that property to be includea as a part or Patrick Egan Park. Ken Vraa summarized t on the matter ana statea it was staff's recommenaation:to.:: .,r.oceed witn the condemnation but that they wanted Mrs. McCarthy to be::ab stay in her nome as part or a "life estate ". The Council wars. into r:i there were tunas available for the purpose of acquiring .M i�iG rs. c.a:r:tny's land. Shawn Moynihan, attorney :;:for "frs. i•1cCarthy, urged rejection of the proposal and stated M:s: McCarthy aid not want a life estate. Mr. Vraa stated staff wanted to insure the continuity of the park. Mayor Ellison stated it was not the Council's desire to displace Mrs. McCarthy and questioned if the City could obtain an option. Larry McCarthy quest o.ne:p:. of the matter and informed the Council he wa.s:::::ea ce: ':n0:: ::about his mother because she did not want to move off or her .proper Councilmember Egan statea his mother would remain on the propertas long as she lived. Councilmember McCrea statea she ::sided W4 :th the McCarthys and could not understand the urgency of the matte:r. The Council discussed the economic issues and the possible advantages of an option or a first right of refusal. Mayor Ellison commented that the Co.uncil aid not want to displace Mrs. McCarthy from her land arid statea he hoped her attorney could negotiate an acceptable solution:.: He urged negotiation with condemnation down the l ine ;: Norm Pietsch (Mrs. McCarthy's son -_a.n -law) informed the Council that he felt damages were owed on the : :sewer. City Administrator Tom Hedges explained why the City was cona the sewage property. He Page 4/CITY COUNCIL MEETING MINUTES October 18, 1988 stated the City aid not wt to snort 'anange Mrs. McCarthy ana that it must be a fair price. Larry McCarthy (Mrs. MC:Gon) urged the Council not to relocate his mother for the sake continuity. Elaine Pietsch (Mrs. McCartny's daughter) told the Council that her mother was not noticed regaraing the meeting. Mr. Hedges apologized an statea there was no malicious intent by not noticing Yrs. McCarthy. Ray McCarthy (Mrs. McCarthyts sonemarkea ne aid not understand the importance of th.e:.takin Mayor Ellison questioned it the family was aware of the.c013140 for preservation. Mr. Heages statea there were two types o - active ana passive, ana Explained the two types. Councilmeniber Wachter stated the City wantea the land as a passive park and that the historical committee has toured the home and decided there was insufficient basis for historical restoration. McCrea moved, Wachteconaea, the motion to continue the negotiations with LilliarCM0.4t0w_to seek a settiement on the acquisition of her house. Ali favor. commuNITT::DEyELOpmgla DIRECTOR City Administrator Tomy4eages updated the Council regaraing the application process for the' Community Development Director and reported that Dale Runkle was chosen for the position. McCrea moved, Gustafson seconded, the motion to approve the hiring of Dale Runkle as the Community Development Director. McCrea, Gustafson, and Ellison vote.0.::1;n/f.avOT.I. Wachter and Egan voted against. The motion passedi::: A. Personnel Items. CONSENT AGENDA .• • •.• 1. Police Officer - It was recommended to approve the hiring of Jon Moldstad as a police officer as of November 1, 1988, and to authorize the filling of the vacant CSO position. 2. Fall Seasonal Utility Maintenate Worker (Sewers) - It was recommended to approve the hiring of Darola Pitkin as a fall seasonal utility maintenance work0 B. Plumbers Licenses. It was recommended to approve all' plumbers licenses as presented. Page 5/CITY COUNCIL MEETING MINUTES October 18, 1988 C. Cigarette License.-for Cub Foods/Cliff Lake Centre. It was recommended to014 „.::a40 :'cigarette license for Cub Foods. D. Planned Development Agreement for Galaxie Cliff Plaza Project. It was recommended tO........4ppKOVe Development Agreement as presentea. E. Contract 88-4, Approve Change Order No. 1 (Wellnouse No. 10). It was recommended to approve Change Oraer No 1 to Contract 88-4 (Well No. 10) in the amount of an aaaitional $4,286.32 and authorize the ilayor ana City Clerk to execute all related aocuments. F. Contract 88-37, Receive Bics/Awara Contracts (GESCO ana Cutters Ridge - Utilities). Tom Colbert introduceOthe.project and GESCO and Cutters Ridge were two separate projects':Af were being awardea under the same contract. Mr. Colbert . Stt . eathat no easements had yet been received from Jim Horne, theOfore,hefelt the Cutters Ridge project should not be awarded, howevetHOthe's attorney had convincea him that Horne was out of .1744i be back tomorrow. Mr. Horne's attorney stated th would provide the easements at that time. After discussion, it' was aeciaed to award the contract contingent on the receipt of the easements from Jim Horne within five days. If the easements were not received, the GESCO and Cutters Ridge projects would be separatea; GESCO would be awarded and Cutters Ridge would be rebid. G. Contract 88-23, APPi No. 1 (Cliff Lake Centre - Streets). •••••.•. It was recommended to apprOtt:0 Chang.e Order No. 1 to Contract 88-23 (Cliff Lake Centre - Streets) irCthe amount of an aaditional $1,350.00 and authorize the Mayor and City Clerk to execute all. related documents. H. Contract 87-26, Approve Change Order No. 3 (Wescott Roaa - Streets). It was recommended ta.4ppr.W-.C:1714hge Order No. 3 to Contract 87-26 (Wescott Road - Stree4t4i-ilount of an additional $7,523.32 and authorize the aha Clerk to execute all related documents. Page 6 /CITY COUNCIL MEETING MINUTES October 18, 1988 I. Contract 38 -16, Approve Chan ge : :Oraer No. 1 (Lexington Square - Storm Sewer) . It was recommended to appr.QVe Order No. 1 to Contract 88 -16 (Lexington Square - Star::ewet) in the amount of an aaaitional $9,105.25 and authorize the Mayor ana City Clerk to execute all relatea documents. J. Contract 88 -01, Approve Change Order No. 3 (Fire Station No. It was recommended to approve Change Order No. 3 to Contract 88 -01 (Fire Station No. 5) and ,a.uthori.z.e the Mayor and City Clerk to execute all related documents..::::: K. Vacate Public Right af - way:: :.R eceive Petition /Oraer Public Hearing (Apollo Roaa) . It was recommended to receive the petition to vacate the Apollo Road right - of -wav ana schedule a public hearing to be nela on November 15, 1988. Gustafson moved, Wachtert::::$ co:naeed, the motion to approve the foregoing consent agenda items as aiie:nded and authorize their implementation. All voted in flavor. PROJECT 455/PARCEL 10- 02100 - 010 -07 PROJECT::455 /PARCEL 10- 02100 - 010 -08 PROJECT 455 /PARCEL 10- 02100- 011 -77 Public Works Director Tom Colbert informed the Council that the property owners objected to the requirement of executing the related agreement which would pos .tpo.ne...th.e....addi.tional assessment obligation Lentil such time the proper ho >:: v:0lop to a higher intensity than presently exists. He stat thieappraisal report indicated that the immediate maximum benefit td . each :of the three parcels was $8,500.00 with additional benefit accruing with potential future revel opment. The Council discusses Policy 86 -3. Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment for Parcel 10- 02100 - 010 -07 as amended, being equal to $8,500.00, *:aid authorize its certitication to the County. All voted in tavor. Wachter moved, Gustat00._ : :e:COhce:c ::: the motion to close the public hearing and approve the final assessment tor Parcel 10- 02100 - 010 -08 as amended, being equalto $8,500.00, ana authorize its certification to the County. All v in tavor. . Page 7 /CITY COUNCIL MEETING [MIINUTES October 18, 1988 Gustafson moved, Wachter secondedthe motion to close the public hearing and approvethe final a:s:sessment for Parcel 10- 02100 - 011 -77 as amendedbeing equal: to $8,500.00, ana authorize its certification to the County; 1::: voted in favor. VACATION STONEY POINTE Public Works Director Tom Colbert informed the Council or the need to vacate a sanitary easement through the Stoney Pointe Aaaition. McCrea moved, Egan seconded; the ritotion to close the public hearing and approve the vacatio.n.of the sewer easement as presentee within the Stoney Pointe Add:k:ion, subject to the submission of a report from::a::s-ee.red soils engineer. All voted in • favor. GENERAL ELECTRIC SUPPLY COMPANY /STORM SEWER /PROJECT 554 Public Works Director Tom Colbert introduced the project to the Council. Mark Hansen presentee the feasibility report. Wachter moved, Egan secoric ::Ah.e motion to close the public hearing and approve Project 5:5.4 (GiSCO - Storm Sewer) . All voted in favor. AWARD OF CONTRACT 88-- :3:5:::1 ST!iATFORD OAKS AND HIDDEN VALLEY - UTILITIES) Public Works Director Tom Colbert requested the matter be continued until the November 1, 1988, City Council meeting. Gustafson moved, Wach •t.e.r. motion to continue the consideration of the award ::088 -35 (Stratford Oaks ana Hidden Valley - Utilities) to the. November 1, 1988, City Council meeting. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT /LEXINGTON LAND COMPANY City Administrator Tom Hedges detailed the previous activity on the matter. Gregory Gustafson, President of Lexington Land Company, explained the developer's background and experience. A representative fromRW:p.r:eserit:e.d the use, layout, design standards and the site pla:riath:Cotncil. He also explained the phasing of the development. Councilmember Egan questioned if :the classifications fit more into Light Inaustrial or Commercial. Mr. Runkle stated it would Page 8 /CITY COUNCIL MEETING MINUTES October 18, 1988 probably fit more into theLight Industrial district. Egan stated he felt there should be a mixture of districts within a PD. Egan questioned the stage: :the development. The aeveloper stated they are committed to the t:::fst building and when it is seventy to eighty percent occupied, they will then move on. He naa only general estimates for completion. The developer also explained the uses for the proposal. Mayor Ellison questioned - he Council shoula rezone ana approve the Comprehensive Guide Plan at the time of the preliminary plat. Mr. Runkle statea it was a unique application situation. Jeff Kennedy, Lance Company representative, informea the Council the company owns land to t he::: west, : ;:::bordering 35E. He naa access concerns ana statea they could be land- locked. Runkle statea it was not the City's intent to land -lock their Tana ana there were several options to resolve the problem. Egan stated he telt there was a great amount or office space in Eagan at the present time that while he was not opposea to the project, he felt it was d4z:::u0 to till all of the space. Councilmember Gustafson reinark:e:o tat he felt it was a gooa use of the land and preferred the R - zohi :n The Council discussed tYe:..ty:pe:: of amenament neeaea. Wachter moved, McCrea conded, the motion to approve a Comprehensive Guide Plan amendment to Light Industrial. All voted in favor. Egan moved, Gustafson seconded, the motion to approve the rezoning of 57 R -3 acres t: Q.. .. a. .. .P1nn0. ... D.evelopment district for Lexington Lana Company, sbt::t::eti:reeway zoning stanaaras ana the following conditions: 1. A Planned Development Agreement entered into to specify all conditions and uses of the parcels. 2. A phasing plan be submitted as to how the property will- develop. 3. No development will occur until a preliminary plat takes place. 4. The applicant shat .l : :wo:r : k.:.:w a.th .:.the City on the aetailea road alignment going north/soutOt north /south connection. :::.the City's master plans tor a Page 9 /CITY COUNCIL MEETING MINUTES October 18, 1988 5. The applicant shoo d take intQaccount the property to the west to tie the remnants into his parcel for development purposes. All voted in favor. BLACKHAWK PLAZA MEDIAN /LUTHER STALLAND Councilmember McCrea stated she felt the legal counsel's suggestions were good. Councilmember Egan stated the items requested by Stalland to be amended werE::::non -:a:ct .©n items and he was opposed to the amendment of the minutes. Gustafson moved, Egan seconded, the motion to deny an amendment to the August 16, 1988, City Coun n nutes. All voted in favor. FINAL PLAT A:pptOVAL /:B.UWOAKS 2ND ADDITION Public Works Director Tom Colbert updated the Council on the project. Egan moved, Gustaf son.. _seconaea, the motion to approve the final plat for the Bur Oaks 2nd44a4ion and authorize the Mayor ana City Clerk to execute all relat*e : to: cume.nts. All voted in favor. STOP SIGN PETITION /BEAVER DAM. AT BEAR PATH TRAIL Public Works Director..T: ©fit : :: Col informed the Council a petition had been received : ::ron property owners requesting the installation of a stop sign on Beaver Darn Road at its intersection with Bear Path Trail. He summarized the result of the traffic counts at the four legs of the intersection. McCrea moved, Wachter. motion to approve the installation of stop signs:: 32aver:Dam Roaa at the intersection with Bear Path Trail. A11 voted' in fiavar. LIQUOR LICENSE RENEWALS • McCrea moved, Egan seconded the jitotion to approve the liquor licenses as presented for renewal. All voted in favor. Egan moved, Wachter seconded, the motion to approve the liquor license as presented for Eagan Tennis and Athletic Club d /b /a Eagandale Club. All voted in favor. DAKOTA COUNTY LANDFI.LL 1TRMENT FUNDING APPLICATION City Administrator Tom Hedge's reported to the Council on the Landfill Abatement Funding. Page 10/CITY COUNCIL MEETING MINUTES October 18, 1988 Councilmember McCrea.::::etated she had several concerns regarding the hauling districts. She:: some o.t... the companies may go out or business. She felt the Council put small businesses in jeopardy. Mr. Heages statedtha-..t.h0.0Umber ot haulers per aistrict would not be limitea. He stat:e6::::.tiiy dates Would change ana that businesses may exchange customers. Mayor Ellison statea he telt the primary advantage was in limiting the aaily garbage trattic. Mr. Hedges will re-assess the program atter one year. Egan moved, Wachter S4aandea;- t &:JRotion to approve the Dakota County Landfill Abatement Funai;ti App14Cation ana authorize its submittal to Dakota County. All-voteCLin tavor. Wachter moved, GustatOW0edanded4:the motion to re-establish the daily hauling districts preehted, subject to the re-evaluation of the districts atter one year. All voted in favor. Egan moved, McCrea seconaea, the motion to approve a variance for a 20-foot building setback trcm•apublic street to allow a building expansion and reatigtion- of *Parking stalls as required by Code for Don Stevens, Inc., subjeCt to the following conditions: . • 1. A landscape plan shall bsubmitted with the building permit application. All voted in favor. WWI ... VARIANCE/DON STEVENS FOR PARKING SPACES City Planner Dale Runkle presented the application to the Councilmembers. Terry Stevens, applicant, . pre:Shted an updated site plan and explained the layout to the tauncil-commented that there would be a maximum of 20 people tacility Councilmember GustatOquestioned the parking situation if the applicant were to sell. The applicant statea they could park in the rear. •••• •••• •••• .••• •••• •••• •••• •••• •••• •••• 2. All parking/drive areas shall have curb ana gutter. 3. No parking shall be allowed on wet service road or center court. JOHNSON City Planner Dale Runkle updatedthe Council on the matter. Page 11/CITY COUNCIL MEETING MINUTES October 18, 1988 :•: Councilmember McCrea:Auestioned haraship was the pipeline. Mr. Runkle statedsne was cdf The applicant explainedle-t;a0dqaphy ana other reasons for the :••• home design. Mayor Ellison stated he sympathized with the neighbors. He would support a motion but he was concerned regarding the granting of the variances. McCrea moved, Egan settjhaed the motion to approve a variance or 5 feet to the required 10-foot siue yaOf setback as presentea by Dale Johnson, subject to all Coae requiremen.t.s. All votea in favor. VINCE/S BRANDS City Planner Dale Runkle presentea the background information to the Council. Ken Malecha (Best Branas) statea the capacity of the tank was the main consideration. He,statea there was a neea for the buffer to continue the operation. Gustafson moved, Egan secondedthe motion to approve a variance of 8 feet to a 40-foot heightA.imit440, on Lot 10, Block 2, Sibley Terminal Industrial Park, to4.44:6' X 48" silo in a Limited Industrial district, subject to following conaitions: 1. The silo must match building color and aesign. 2. A landscape plan shall be submitted and approved by staff with the building permit application. All voted in favor. VARIANCE/GLEN PONP. ESTATES .•.•.•.• .•..• • Virginia Faulkner, manager ::f explainea the history and the reason for the variance request:to the Council. She statea it would allow the sign to be more visible. Wachter moved, McCrea seconded, the motion to approve the 10-foot variance to the sign ordinance setback as requested by Larry Wenzel representing Glen Pona Estatesubject to all applicable Coae requirements. All voted in favor. ..•.-.• SPECIA4J'EgMPV1144XAM STASSEN City Planner Dale Runkle summarized the background regarding the special permit renewal. - - Page 12 /CITY COUNCIL MEETING MINUTES October 18, 1988 William Stassen state:u it was not mobile home, it was a travel trailer and that he planne.a to retire in two years. ir. Heages statea there were no complaints t:rQm the nei:gn.rors. Egan moved, Wachter seco:d€:c.;.::.;le motion to approve the special permit as requested by William Stassen to allow a temporary parking of a fifth -wheel travel trailer located at 670 Lone Cak Road from April 1, 1989 through October 31, 1989. All votea in savor. CONDITIONAL USE PERMIT 4P.iggA 1U.TTON . SALE LIQUOR, BEER AND WINE City Planner Dale Runkle explaineo.::the application request to the Council. • Gustafson moved, 2icCr:ea.: motion to approve a conditional use permit toal:low on afe 3.2 beer or wine in a CSC district for Pizza Hut at Lot 1, Block 1, Town Center 70 Ninth Addition, subject to the City's Police Department completing the liquor license investigation. All voted in ravor. CONDITIONAL USE PERMIT FOR ON -SALE LIQUOR /EAGAN CENTER ASSOCIATION City Planner Dale Ruhk1:e:.:ari. the application for a conditional use permit for on- sale::1icluor for Eagan Center Association. The developer explained the nature or the development and statea the ratio of the tOoa.: and :::::iquor would be met. He further statea the facility would mesh with the center ana tnat the parking spaces would be met by a reconfiguration. He agreed witn all start conditions. There was discussion regarding sports bars ana their location in residential areas. McCrea moved, Egan second6 .:.:t e::.m©tion to approve the conditional use permit for tie Eagan = Center Association to allow on -sale liquor, 3.2 beer or winein a :CSC district for Lot 3, Block 1, Thomas Lake Center Addition, ::subject::to the following conditions: 1. Cross easements for parking shall be provided. 2. The City's Police Department shall complete /approve the liquor license investigation. 3. All signage shall be subject tcs:the one -time fee of $2.50 per square toot. 4. All employee parki:ng:s :aJ:..:: e::::behind the strip center facility. Page 13 /CITY COUNCIL MEETING MINUTES October 18, 1988 5. The development sb:all dedicate a ll public right -of -way and temporary slope easements ::t:ar the ultimate development of the adjacent roadways as requir:ei. by the. jurisdictional agency. 6. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City stanaaras ana approved by staff prior to building permit insurance. 7. The development srial sponsible tor acquisition of all regulatory agency permits in the:::tiine frame requirea by the azfectea agency. 8. The development is req.u.i:r :ed t..o its grading plan to direct the site generateaar:m . wat -off into an internal storm sewer system which in turn is conveyed to the existing City storm sewer system. Gustafson, Ellison, McCrea ana Egan voted in favor; Wachter voted against. CONDITIONAL USE :£T.R I T /SUPERIOR PAINT AND COLLISION City Planner Dale Runkle::.:.intrc Uuced the application for the conditional use permit to theCounc.ian Schartzoff requested the sign be moved to a more centr:a Mr. Runkle stated the sign would be moved approximately::100 feet. Councilmember Egan Questioned the spacing ana felt it wa becoming cluttered. The developer statea the professionalism remained. Mayor Ellison suggested a lower level ground sign. The developer stated because of the elevation of the exit ramp, the sign would not be visible and he needed the sign for advertising. The developer explained the proposed position or the sign. He further outlined : :t t e.:.h :s his career ana his desire to succeed in business. Gustafson moved, McCrea secq:ridea,the motion to approve a conditional use permit for Superior Paint and Collision to allow a pylon sign on Lot 1, Block 1, Barton- McG:ray Addition, subject to the following conditions: 1. The sign shall be subject to all Coae requirements. 2. The sign shall be subject to the one -time fee of $2.50 per square foot. 3. The sign shall be move a:::: b:e :::north so that it is not less than 200 feet from the U- haul aii >:S ar:n. Gustafson, Ellison, and McCrea voted in favor; Wachter and Egan voted against. Page 14 /CITY COUNCIL MEETING MINUTES October 18, 1988 CONDITIONAL PERMIT /PRC)EX PHOTO SYSTEMS City Planner Dale Runk:3;e... summar.iz :ed the application for the Council. The developer was pre.Sent : ::a:t: :: meeting. There was discussion regarding whether other retail uses were allowed. The matter was continued ..to the end of the meeting to allow legal counsel to review tile:: CONDITIONAL USE PERMIT /OPUS CORPORATION /DART TRANSIT City Planner Dale Runkle :rii:ormeqhe Council that after reviewing the purpose ana:::nterit of::::::t ie conditional use permit process and meeting with the aevel'oapet, City staff and the City Attorney, it may not be appropriate to include proposed conditions one and three if the application were approved by the Council. Bob Worthington introduces the proposal to the Council. Don Orin, Dart Trans:ipr a history of the business and the number of employees. He expla how Dart Transit differed from ether trucking firms. He also: the site layout. The architect described.:th:e::::p : oject, including the storage, layout, access, building ae qn, and landscape plan to the Council. Mayor Ellison questioned if there were plans for future expansion. The developer stated there were no definite plans at this time and that they would not know for five years. Mayor Ellison asked the developer to describe the outside storage and variances for setbacks. The developer exp1 : can0 : : : :.:heorage and setbacks for future Lone Oak expansion. There was a discussion rega Ye setbacks. Howard Knutson, a representative far the neighbors, stated they had concerns regarding the two -toot se ack and felt there was a neea for some type of easement. He further stated he was unsure wnat the County would do regarding purchasing the property. Councilmember Egan stated he felt ...there was no rationale for the variance as it aid not have a significant hardship. Mr. Worthington stated they would prefer a 10 -foot setback. Councilmember Wachter stated that if the neighbors :: :bad :: ::concerns, the problem should nave been addressed before the ::meetln Egan moved, McCrea seconded, the : iirotion to approve a conditional use permit to allow Opus Corporation /Dart Transit an outside storage building in an LI district and a pylon sign for Lots 1 ana 10, Block Page 15 /CITY COUNCIL MEETING MINUTES October 18, 1988 1, Eagandale Industrial Ps:rk No. 3 and: :: :Ti :ots 2 -5, Block 1, Eaganaaie Center Industrial Park No:4, subject : ..o the following conaitions: 1. This development sh cte.a:: provide or financially guarantee its proportionate slt.e:::::o the acquisition costs of additional drainage, ponaing ana utility easements as requirea by the alignment depth and storage capacities of all required public utilities and streets beyond the boundaries of this proposed development, or outside of aea public right -of -way as necessary to service this developmer 2. This development shall debicateadequate drainage ana ponaing easements to incorporate the requirea.hi.gh water elevation as necessitated by the City's sto.rater:torage volume requirements. 3. All public streets and utilities necessary to provide service to this development shall be designed by a registered processional engineer in accordance with the City Codes and engineering standards and policies that have been approved by staff prior to builaing permit issuance. 4. A detailea gradin ::::::d :ainage, erosion and sediment control plan must be prepared in adddtrdanwith current City stanaaras and approved by staff prior to is a grading permit or building permit issuance, whichever occurs fi.x 5. If any public impr.o s are to be installed unaer a City contract, that appropriatraject must be approvea by Council action prior to building permit issuance. 6. The development shall be responsible for acquisition of all regulatory agency permits in the time frame required by the affected agency. 7. The development is required''to submit detailed plans and specifications for the proposed:etaining wall construction for staff review and approval prior to bui Ding permit issuance. 8. The development will be respon :ible for lowering the existing water main as necessitated by the proposed site grading to maintain a minimum 7.5 feet of ground cover. 9. The development will be responsible for the adjustment of all existing utility appurtenances as necessitated by the site development. 10. All site generate st rin.::runoif is required to be conveyea by storm sewer system to Pond EP -4A prior to discharge into the existing City storm sewer system.::::: Page 16 /CITY COUNCIL MEETING MINUTES October 18, 1988 11. Additional catch tasins are required for the south parking lot for the headquarters h and the south parking are for the safety lane building. 12. All signage shall b $2.50 /sq. ft. 13. A landscape plan provided on a grading plan snail be approvea prior to the issuance of a building permit. 14. The parking amount::: ha.L1::::be::: :approved as per the site plan. All voted in favor. Egan moved, McCrea seconAea;:: to approve a variance for a building setback on Lots 1 a ia:::.1 0, Block 1, Eaganaale Industrial Park No. 3 and Lots 2 -5, Block 1, Eaganaale Center Industrial Park No. 4, subject to a signed agreement letter from both owners. All voted in favor. TRAILWAY ;MAINTENANCE POLICY o the one time sign tee of City Administrator Toiti the next item regarding the trailway maintenance policy: ::P:u:b1:: c Works Director Tom Colbert summarized the background andthe issues regarding the trailway maintenance policy. He statedth.at plowing would be a dangerous precedent and that: th C ity could not maintain that type of plowing with their presentsources. He felt that the School District should be responsible for their own transportation. The committee recommenaed no winter maintenance and there were concerns regarding liability. He reported that the original policy was proper in omitting the winter maintenance. Kathy Robertson supp rtci: preferred busing. eo3b:rt's analysis ana stated she Zelma Meyer also concurred :with Mr's Colbert's presentation ana stated she was against the children walling to school. Wachter moved, Gustafson seconded, the motion to re- affirm the current policy regarding maintenance of sidewalks and trails within the City. All voted in favor. CONDITIONAL USE PERMIT /PROEX PHOTO SYSTEMS Assistant City Attorn .ey. recapped Ray William's presentation. There was a : r .earding the retail uses and the viewing of the tapes. Mayor Ellison requested that lega1counsel provide written documentation to the Council regaraingthe matter. Page 17 /CITY COUNCIL MEETING MINUTES October 18, 1988 McCrea moved, Gustafson seconaed,....the motion to approve a conditional use permit to allow a night drop -otf box for Proex Photo Systems at their location betw:een. Trail ana Cliff Drive on tne north side or Cliff Road. Ali Qt ea::%ii favor. OPUS CORPORATION /ACCESS ROAD /NATIONAL COMPUTER SYSTEMS PROJECT City Administrator Tom Heages updated the Council regarding tne road access. Council reviewe:c:::::t? :ec�:r:awiigs. ............. ........... Bob Worthington statea thati latio:ri:a:l Computer Systems was only recently informed of the situation and .that they would probably accept the proposal. He request:e i the : :Council approve their request. Egan movea, Gustafsori seconaeci::::::the motion to approve the request to adopt a resolution supporting an access onto County Roaa 26 (Lone Oak Road) for a development in the northwest corner of Lone Oak Roaa and Eaganaale Boulevard ana authorize the Mayor ana City Clerk to execute the appropriate resolution. All voted in savor. DLANDS 2ND Howard Kyllo appeared before the Council and stated that the conaitions had been met ana asked for approval. Mr. Colbert stated ne only had an unsigned copy in his possession. Mayor Ellison statea ne would prefer to continue the ratter to the November 1, 1988, meeting. Mr. Kyllo agreed. MINUTES Councilmember Egan stated he felt the minutes were becoming too long and that there was to.o..much...d.e.tail. The Council agreed the minutes should be condensed ::::: :BILLS Wachter moved, Gustafson secinded:the motion to approve the checklist dated October 17, 1988, in tt:e: amount of $738,270.83 and the checklist dated October 18, 1988, in the amount of $365,852.47. All voted in favor. Page 18/CITY COUNCIL MEETING MINUTES October 18, 1988 ADJOURNME7 Upon motion duly made'l:i0*.:seconaed by Gustafson, tne meeting was adjourned at 12:2.0044:11 voted in favor. CITY OF EAGAN B E. J. VanOverbeke Its: City Clerk •••••