12/04/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE 00436
• EAGAN CITY COUNCIL
Eagan, Minnesota
December 4, 1996
A regular meeting of the Eagan City Council was held on Wednesday, December 4, 1996 at 6:30
p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada,
Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director
of Public Works Tom Colbert, Finance Director Gene VanOverbeke, and City Attorney Jim Sheldon.
,
City Administrator Hedges noted there would be one additional item to be considered under
Department Head Business. Mayor Egan noted the Council would have an Executive Session following
the regular City Council meeting.
Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda
as presented. Aye: 5 Nay: 0,
Councilmember Hunter requested that on page 11, in the last paragraph, the second sentence
should read, "He further said similarities can be drawn in regard to the Carriage Hills situation except that
the Carriage Hills situation was not as controversial." He further requested on page 12, in the first
paragraph, the fifth sentence should read, "He noted that in straight zoning, if the developer meets all the
terms and conditions of the City Code, they may be able to build what they propose." He also noted that
the word school should be added before the word bond in the eighth sentence. He said the last sentence
in the same paragraph should read, "He stated that the Council has the reasons to deny this request
because they are asking for a Planned Development which would require variances in straight zoning."
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
minutes as amended. Aye:
�t� 5 Nay: 0
Councilmember Wachter requested that on page two, in the first paragraph, the fifth sentence
should read, "City Councilmember Wachter raised a question as to whether it would have actually been
better to have held the election on an odd year rather than an even year." He also requested that in the
middle of the third paragraph the sentence beginning with Commission should read, "Commission Member
Lewis stated that she would like the City Council to at least reconsider a future bond referendum for open
space."
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0 (,
i
Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the minutes
as presented. Aye: 5 Nay: 0
EAGA 2 COUNCIL MEETING MINUTES; DECEMBER 4, 1996 �(,4
• o
CONTINGENCY PLAN -WINTER PROGRAM SITES
City Administrator Hedges gave an overview on this item and stated the problem faced by the
APRNRC and the Park Director is the inability to hire adequate personnel to staff the warming shelters due
to the fact that many local businesses pay higher wages and offer more permanent employment
opportunities. He mentioned the options available to remedy the problem. Councilmember Wachter asked
how many outdoor rinks are still maintained. Director of Parks and Recreation Vraa stated that the same
sites are maintained as have been maintained during the past two years. He said they are anticipating that
the Hockey Association will request as much ice time as they had last year, if not more. Councilmember
Wachter said he is in favor of keeping all the sites open rather than having the youth utilize lakes for
skating purposes. He added that the City should maintain the ice and, if personnel is not available to staff
the warming houses, either utilize volunteers or not open the warming houses. Councilmember Masin
asked if it would be possible for individuals to staff the warming houses while their children were skating.
Vraa said that would not be possible because background checks need to be conducted on volunteers to
ensure the safety of the youth they come in contact with.
Councilmember Masin moved, Councilmember Wachter seconded a motion to support the Advisory
Parks, Recreation and Natural Resources Commission's recommendation for contingency closure plan for
winter warming shelters if there is a shortage of staff. Aye: 5 Nay: 0
• CLARIFICATION OF STATUS WITH METROPOLITAN AIRPORTS COMMISSION
City Administrator Hedges gave an overview on this item. He stated that the MAC was directed
by statute to negotiate contracts with each affected city providing that the MAC may not construct a third
parallel runway at the MSP Airport without the affected cities' approval. He further stated that Assistant to
City Administrator Hohenstein has been actively monitoring all airport issues with the MAC. He said that
the City had not been included in the contract negotiations until Monday when the Mayor received a fax
from the MAC indicating that the City of Eagan should be a part of the negotiations as defined in the
legislation. He added that this late notification places the City in a tight timeframe to respond by January
1, 1997, which is the statutory deadline. He further added that he sent a letter stating the City is concerned
about the late notification and he stated that the Council may want to consider some additional time to allow
the process to continue. He asked for direction from the Council on how they want staff to proceed.
Mayor Egan stated they were pleased with the process that lead to the plan which was presented
by the Mitigation Committee to the MAC Board. He asked how the City could have been overlooked in
regard to the third parallel negotiations. Assistant to City Administrator Hohenstein said that the actions
of the Mitigation Committee and this activity are separate. He explained that the legislation states any cities
who would be in the 60 DNL contour, if a north parallel runway were built, would be an affected city under
this statute and the MAC would be required to negotiate a contract that would prohibit the construction of
that parallel. He explained why the City of Eagan was designated as an affected city and how this was
overlooked by the MAC staff until last week. He requested the Council provide direction to pursue a delay
either through an agreement with the MAC, special legislation or some court proceeding.
Councilmember Hunter asked what the implications would be if the contract is not entered into by
January 1 as a result of the corporation failing to act in good faith. Hohenstein stated that failing to look
closely enough at the map to identify the affected parties could arguably be a serious mistake, if not bad
• faith. He further stated that the consequence would be what is set forth in the statute, if bad faith is proven,
or possibly some sort of compensation. He added that bad faith would need to be proven and, at this point,
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996 00438
• PAGE 3
it is likely that all that could be proven is a mistake. City Attorney Sheldon stated that they have not had
an opportunity to research whether or not the City can stipulate with the MAC an extension of the timeframe
but said he would get an answer for the Council.
Councilmember Awada asked what would happen if the City cannot get an extension, since there
is not enough time to get special legislation by January 1 or a court order. Hohenstein stated that staff is
requesting the Council allow them to find out what mechanisms for delay would be appropriate. He noted
that the Airport Relations Commission will be briefed at their next meeting and there may be an outline
ready to present to the Council at their next meeting.
Mayor Egan stated that the City's interests appear to be quite common with the City of Mendota
Heights and since they are further along in the process, it would make sense to analyze whether or not it
would be appropriate to join with them in their position. Hohenstein said the one significant difference is
that Mendota Heights is proposing to offer the MAC full support of the north/south runway with no
conditions, which has not been supported by the Eagan City Council before. He said that a couple of main
issues with other cities have been that the cities want as long a term as possible and also third party
beneficiaries.
Councilmember Masin moved, Councilmember Hunter seconded a motion to direct the City Attorney
and staff to pursue a mechanism for a delay in the contract for the north parallel runway that is entered into
by January 1, 1997. Aye: 5 Nay: 0
• In regard to Item F, Confirmation of Findings of Fact. Conclusions & Resolution of Denial. Pulte
Homes (Rolling Oaks), Councilmember Hunter asked if item six should be deleted from the fourth page of
the findings since nothing additional was listed. City Attorney Sheldon said that the additional findings, as
referenced on page three as items j and k, should be included under the additional conclusions on page
four of the findings.
In regard to Item P, Contract 97-03. Approve plans & specs/authorize ad for bids (Cliff Rd.
Reservoir- Disposal),Councilmember Wachter asked if there would be any financial advantage to sell the
metal which the tank is constructed of. Director of Public Works Colbert said that the bid package is being
put together such that the contractor will be given a sufficient length of time to find a prospective buyer for
the tank.
In regard to Item U, Project 695. Yankee Doodle Road - Right-of-Way Stipulation Agreement,
Councilmember Hunter asked for clarification on what Stipulation with Prejudice meant and why John Doe
and Mary Roe are listed as respondents. City Attorney Sheldon stated that Stipulation with Prejudice
means that the action is over and cannot be brought forth again and John Doe and Mary Roe refer to any
unnamed or unknown property owners at this time.
A. Personnel Items
Item 1. It was recommended to accept the letter of resignation from Lynn Lipinski, a Dispatcher in the
Police Department.
Item 2. It was recommended to approve the hiring of Mark Vaughn as the Civic Arena Manager.
• Item 3. It was recommended to approve the hiring of Susan Marks-Kerst as the seasonal part-time Skating
School Coordinator for the Civic Arena.
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 4
96.110
B. Final Subdivision - City Wide Development. Inc. - Eagan Oaks 2nd Addition. It was recommended to
approve a final subdivision for Eagan Oaks 2nd Addition consisting of 38 lots on 8.1 acres located in the
SW corner of the intersection of Elrene Road and Yankee Doodle Road in the NE 1/4 of Section 14.
C. Joint Powers Agreement for the South Metro Drug Task Force. It was recommended to approve the
1997 Joint Powers Agreement for the South Metro Drug Task Force, as presented.
D. Hauler License for construction/demolition debris-Waste Management-Savage and Walter's Rubbish,
Inc. It was recommended to approve construction/demolition debris hauler licenses for Waste Management
Savage and Walter's Rubbish, Inc. as presented.
E. Approve new ownership - off-sale liquor license - MGM Spirits Express. Inc. It was recommended to
approve a change in ownership for an off-sale liquor license from MGM Liquors to MGM Spirits Express,
Inc.
F. Confirmation of Findings of Fact. Conclusions & Resolution of Denial. Pulte Homes (Rolling Oaks). It 96.111
was recommended to confirm the findings of fact, conclusions and resolution of denial for Pulte Homes'
application for a preliminary planned development and preliminary subdivision for Rolling Oaks subdivision
including additional findings directed at the Council meeting of November 19.
G. Authorization to proceed with investigation of wetland banking opportunity. It was recommended to
authorize staff to proceed with further investigation of a wetland banking opportunity in Eureka Township
(Dakota County), including an evaluation of the technical feasibility of the project and an identification of
• the City's share of the cost of purchasing bank credits.
H. Project 712. Receive petition/authorize feasibility report (Surrey Heights - Streetlights). It was
recommended to receive a petition and authorize the preparation of a feasibility report for Project 712
(Surrey Heights - Streetlights).
I. Project 668. Authorize feasibility report(Lone Oak Rd. - Lexington to TH 149). It was recommended to
authorize the preparation of a feasibility report for Project 668 (Lone Oak Road - Lexington Avenue to TH
149/55).
J. Project 713. Authorize feasibility report(Denmark Ave.. Timbershore& Pilot Knob Hts. -Street Overlay).
It was recommended to authorize the preparation of a feasibility report for Project 713 (Denmark Ave.,
Timbershore Addition & Pilot Knob Heights Additions - Street Overlay).
K. Project 663. Authorize feasibility report (Valley View Plateau - Street & Utility Reconstruction). It was
recommended to authorize the preparation of a feasibility report for Project 663 (Valley View Plateau -
Street & Utility Reconstruction).
L. Project 714. Authorize feasibility report (Donald Ave. - Street Overlay). It was recommended to
authorize the preparation of a feasibility report for Project 714 (Donald Avenue - Street Overlay).
M. Project 715. Authorize feasibility report (Heine Strasse - Street Resurfacing). It was recommended to
authorize the preparation of a feasibility report for Project 715 (Heine Strasse Street Resurfacing).
N. Project 716. Authorize feasibility report(Kutoff Court-Street Reconstruction). It was recommended to
authorize the preparation of a feasibility report for Project 716 (Kutoff Court - Street Reconstruction).
• O. Contract 97-02. Authorize plans. specs & advertisement for bids (Coachman Water Treatment Facility
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
•
PAGE 5
- Repairs). It was recommended to authorize plans, specifications, and advertisement for a bid opening
to be held at 2:00 p.m. on December 30, 1996, for Contract 97-02 (Coachman Road Water Treatment
Facility - Operational Repairs).
P. Contract 97-03. Approve plans & specs/authorize ad for bids (Cliff Rd. Reservoir - Disposal). It was
recommended to approve the plans and specifications and authorize the advertisement for a bid opening
to be held at 10:00 a.m. on December 27, 1996, for Contract 97-02 (Cliff Road Reservoir- Disposal).
96.112
Q. Contract 97-01. Approve resolution requesting MnDOT funding (Emergency Vehicle Signal Pre-
emption). It was recommended to approve a resolution requesting MnDOT to participate in the financing
of the City's Emergency Vehicle Pre-emption (EVP) System for signals on the State Trunk Highway and/or
Interstate system.
R. Contract 96-13. Approve Change Order#1 (Slater Rd. - Sidewalk). It was recommended to approve
Change Order#1 to Contract 96-13 (Slater Road - Sidewalk) and authorize the Mayor and City Clerk to
execute all related documents.
S. Contract 96-15. Approve Change Order #2 (Meadowview Rd.). It was recommended to approve
Change Order#2 to Contract 96-15 (Meadowview Road - Utility Improvements) and authorize the Mayor
and City Clerk to execute all related documents.
T. Contract 96-02. Approve Change Order#3 (Well #18 - Site Improvements). It was recommended to
approve Change Order#3 to Contact 96-02 (Well Site#18 - Site Improvements) and authorize the Mayor
• and City Clerk to execute all related documents.
96.113
U. Project 695. Yankee Doodle Road - Right-of-Way Stipulation Agreement. It was recommended to
approve a Resolution of the City of Eagan adopting Stipulation of Dismissal with Prejudice and Order for
Release of Funds as to respondent Loral Corporation resolving the amount due Loral Corporation for right-
of-way acquisition associated with the Yankee Doodle Road improvements.
Councilmember Wachter moved,Councilmember Hunter seconded a motion to approve the consent
agenda. Aye: 5 Nay: 0
PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1997
City Administrator Hedges gave a staff report, reviewing the proposed budget for 1997. Hedges
noted that six calls and one letter have been received regarding truth-in-taxation. He discussed the
proposed revenues, expenditures and various department budgets referencing handout material provided
to the City Council and the public present in the audience.
Mayor Egan opened the public hearing to anyone wishing to speak. He asked if anyone had
questions regarding the General Operating Budget. Elliot Kios, 3678 Widgeon Way, addressed the Council
and stated he was concerned about property tax increases in general and said his tax statement shows
an increase of 11% for Eagan. Hedges noted that he would give more information on truth-in-taxation
which should address Mr. Kios's question later in the presentation. He then gave a brief presentation on
truth-in-taxation and the opt-out transit tax levy. He stated that Eagan was a part of the Metropolitan
• Transit Commission at one time and then opted out and formed the Minnesota Valley Transit Authority
(MVTA). He said that property taxes for the transit levy used to be collected directly by the Metropolitan
Council and then the Met Council would provide a check to the City and then the City would pay the MVTA.
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 6
He further said that special legislation was passed that allowed cities the option, and the opt-out agency,
of collecting the tax directly. He noted that the MVTA and the City of Eagan agreed to collect transit tax
dollars directly. He mentioned that the Metropolitan Council tax portion for bus service will go down by an
equal amount of the property tax that is added to the City tax. He stated that the net tax is not changing,
but the transit tax levy that used to be part of the Metropolitan Council tax has now been added to the City
tax. He explained that the dollar amount of the transit tax levy is determined by the state legislature and
not the City. He further explained that it is the City's responsibility to collect the tax and the amount of the
levy and dollars paid are not optional and only the state legislature can change the amount. He said the
change in the collecting agency is being undertaken to provide more direct control and more efficient use
of the resulting taxes paid for this service.
Finance Director VanOverbeke further clarified information.in the budget handout. Hedges noted
that part of the reason for the 11% increase could be attributed to the fact that the assessed valuation of
the property could have increased. He said that the assessed valuation and market value in the community
has been increasing.
Mr. Kios stated taxpayers are concerned about how much more taxes they will have to pay. He
said he is concerned about paying 11% more in taxes when inflation is only 4%. Councilmember Wachter
added that the City Council tries hard to hold taxes down, but the County increases the valuation resulting
in the taxpayers having to pay higher taxes. VanOverbeke clarified that the County's responsibility is to
determine estimated market value and the state legislature determines how you get from estimated market
value to tax capacity.
• Joe Harrison, 2811 Beam Lane, addressed the Council and asked why people who do not use the
bus have to pay a transportation tax and he questioned what the gas tax is used for. Mayor Egan said a
portion of the gas tax is dedicated for transportation but a substantial portion is also used for road
construction. He explained why the City opted-out from the Metropolitan Transit Commission and the
benefits the City has gained by doing so. He noted that bus use will always have to be subsidized.
Councilmember Masin said that the transit tax helps to provide better transit opportunities. She further said
that they are trying to figure out how much of the subsidy is used for those individuals traveling by
automobile and their use of the freeways. Councilmember Hunter reiterated that the City has been paying
the transit tax for a long time and the only thing that changed this year is that the tax is part of the City tax
so more people are now aware of how much is being subsidized. He added that this is not a new tax and
the City does not set the rate. Mayor Egan stated that arguments have been made that it is better to
subsidize the transit system than to spend billions of dollars to increase four-lane highways to six-lane
highways to allow for more commuters. He further stated that ridership of buses has gone up 59%.
A member of the audience addressed the City Council and asked if the transit tax is progressive.
VanOverbeke stated the tax is progressive and he explained the difference between the valuations of
homes and the amount they would have to pay for transit tax. Mayor Egan clarified that the City now has
a two-tier tax system vs. the three-tier tax system they used to have and explained what the cutoff points
are for both tiers. Discussion continued regarding the amount of taxes paid based on valuations of
property. John O'Toole addressed the Council and asked where the homes that fall into the tier 1 category
are in Eagan. Councilmember Awada stated they are not located in Eagan but rather outstate Minnesota.
Mayor Egan noted that there is a vigorous debate going on with the state legislature about the equity of
taxing suburbs like Eagan that have homes comparable to outstate homes and yet have higher valuations.
Mr. O'Toole asked what the gas tax is used for. Mayor Egan reiterated that the tax is used mostly for road
improvements.
S There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Councilmember Wachter stated that the City contributed over ten million dollars to fiscal disparities last year
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
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and this year the contribution will increase by 2.3%. Mayor Egan provided some history on fiscal
disparities. He said that 1974 was the base year for figuring how much the City had to contribute to fiscal
disparities and at that time the City had virtually no commercial and industrial development. He further said
that the City only gets slightly over one million dollars of their contribution back. Councilmember Wachter
stated that when he was first elected to the City Council, Eagan originally did not want to accept state aid
and the City is still being penalized today because of that decision. Hedges noted that the legislation in
the 1970's rewarded cities by spending money and the more they spent the more local government aid they
received. He further noted that the system has penalized the City of Eagan for being conservative in those
years.
Another member of the audience addressed the Council and stated this presentation was invaluable
and educational.
Councilmember Masin commented that the MVTA is doing the best job possible and they are trying
to get the subsidies down as low as they can. She added that if the amount of transit tax collected is not
spent locally, the remaining subsidies would go back to the region.
Councilmember Masin moved, Councilmember Hunter seconded a motion to close the public
hearing and set the levy and budget considerations for action at the December 16, 1996 meeting. Aye:
5 Nay: 0
Mayor Egan thanked everyone for their comments. Councilmember Masin said that she and
Beverly Miller, Executive Director of the MVTA, will take into account the comments made and address
• them with the proper authorities and she added that other people should get involved and talk to their Met
Council representatives and to their legislators as well.
City Administrator Hedges thanked Director of Finance VanOverbeke for all his work on the budget
and also all the various departments for their input.
CEDARVALE SPECIAL SERVICE DISTRICT PROPOSED 1997 BUDGET
City Administrator Hedges gave an overview on this item. Mayor Egan opened the public hearing
to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the
Council. Hedges commended Planner Shannon Tyree,Assistant to City Administrator Hohenstein and staff
for all the time spent meeting with various business owners in the district.
Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public
hearing and approve the 1997 proposed Cedarvale Special Service District budget. Aye: 5 Nay: 0
PRECISION TUNE - CLARIFICATION OF ARCHITECTURAL DESIGN
City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff
report. Dean Johnson, representing Precision Tune, addressed the Council and stated the reason the neon
stripe was not specifically clarified in the plans was due to an oversight by their architect. He further stated
that the red accent will look uniform with the neighboring Phillips 66 building. Mayor Egan said the accent
stripe will enhance the look of the building. Councilmember Hunter noted that there are neon accents on
• buildings all the way along Pilot Knob Road.
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• EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
PAGE 8
Councilmember Hunter moved,CouncilmemberAwada seconded a motion to approve a clarification
of architectural materials for Precision Tune to add a red neon stripe to the exterior of the building for
property located at the southwest corner of Pilot Knob Road and I-35E. Aye: 5 Nay: 0
CONDITIONAL USE PERMITS -JOHNSON'S RICHFIELD BLACKTOP
City Administrator Hedges gave an overview on this item. Senior Planner Ridley referenced
handouts that were submitted by the applicant late in the afternoon and were given to the City Council.
Mayor Egan noted that there has been a tremendous amount of history involved with this issue. He asked
if the Millers were in agreement with the statement submitted by the applicant. Mr. Miller stated they were
not in agreement. Private Investigator Walt Powers, representing the Millers, narrated a videotape that he
produced earlier in the day which showed the view of the Richfield Blacktop business from the Miller's
residence. The video showed the proximity of the Miller's and Green's residences to the business. He said
he has been in the Miller's home when the business has been operating and it is quite noisy.
Mayor Egan noted that this is a complex application. Councilmember Hunter said the Council has
seen many pages of information relating to this issue and have all visited the site and he did not feel the
Council needed anymore background information via a formal staff presentation. Councilmembers
concurred.
John Johnson, owner of Johnson Richfield Blacktop at 3206 Sibley Memorial Highway, addressed
• the Council and said the videotape that was shown is misleading. He thanked all the neighbors for their
support and said that out of 12 neighbors, nine fully support their business, one is neutral and the Millers
and the Greens are opposed to their business. He gave a brief history of their business. He said because
of their seasonal business, they were very busy at the time they moved to their new location. He further
said that at the time they were constructing the berm they decided that the best location for the bins would
be the southeast corner of the lot. He added that by the time the berm was completed they could see that
the most logical place for the bins was in the northeast corner of the lot out of concern for the safety of their
customers. He further added that he discussed relocating the bins to the northeast corner with Mr. Miller
and he had no objections. He mentioned that after being on the property for two years, they felt relocating
the bins would allow for optimal usage of the property and they did not feel they were not in compliance.
He said in addition to the safety factor, the other reason they needed to relocate the bins was due to
erosion from Mr. Miller's illegally dumped fill on their property. He said they constructed bins against the
hill and the berm. He noted that they used concrete for their bins because it is more permanent and
provides a better appearance.
Mr. Johnson stated that on a Saturday in the spring of 1996, Mr. Miller came to their site yelling
and threatening two of their employees. He explained that he called Mr. Miller and he said he did not want
them to operate their business on Saturdays. He said that they then changed their hours of operation,
installed quieter mufflers on their trucks, replaced a metal box in one of the trucks with aluminum and also
installed a bedliner, and sold the larger diesel loader. He stated that after their attempts to make Mr. Miller
happy, Mr. Miller hired a private investigator and an attorney. He mentioned that Mr. Miller made numerous
calls about unfounded complaints to the Police Department. He added that upon advice of the police they
obtained a restraining order against Mr. Miller. He further added that after a meeting with the APC on
October 22, they met with a neutral neighbor who served as the mediator during a meeting on October 25.
He stated that on October 28 they were told via the mediator that Mr. Miller wanted the restraining order
lifted. He further stated that they prepared a written statement for Mr. Miller's consideration. He noted that
• Mr. Miller said he would not sign the document or discuss it with them. He said that on October 30 Mr.
Miller took them back to court to get the restraining order lifted, but the judge denied his request and the
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
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restraining order is still in effect until August 13, 1998.
Mr. Johnson stated that after court on October 30, Mr. Todd, the attorney for the Millers, spoke to
Mr. Gross, the attorney for the Johnsons, and presented Mr. Gross with a sketch to relocate the bins. He
further stated that his wife Penny contacted Mrs. Green on October 15 and Mrs. Green said her main
concern was the fumes that she could sometimes smell when she came home in the morning at 7:00 a.m.
He explained that 7:00 a.m. is their normal start up time and the diesels only smoke when they are first
started. He clarified that they have three diesels and not all three of them are in operation every day. He
added that on November 21, Mr. Todd called Mr. Gross asking him if he had considered the sketch that
was presented to him on October 30. He further added that the sketch plan was not an option for them
because of the safety concern for the public. He went on to say that on November 22 Mr. Gross received
a letter from Mr. Todd which stated that the Millers insisted on them using non-diesel tractors. He said he
has checked with two manufacturers and they quit making gas engines and loaders for nearly ten years.
He further said the letter requested screening of evergreens or fencing. He noted that the APC suggested
they install screening, which they considered. He said that after talking with landscaping firms, they feel
that screening would not solve the perceived problem. He mentioned that in the summer months when
their business is in full operation there are heavy woods that block the view of the homes above. He
further mentioned that in the first APC meeting Mr. Miller mentioned that he did not care if they screened
the tire bins because he couldn't see them. He stated that there was a natural barrier created by trees on
the Johnson's property and Mr. Miller cut off 10 to 20 feet of height of the trees.
Mr. Johnson said that during the winter months they are not blacktopping or loading rock and
therefore, sound and fumes are not a problem. He noted that the building has been on this site longer than
• any of the houses in the area. He stated that when they were at the September 3 Council meeting three
concerns that were at issue were diesel fumes, noise and dust. He said in an effort to compromise they
sold the loader that was complained about, they now move their trucks up toward Highway 13 as soon as
they are warmed up enough to allow the brake systems to release, they put special mufflers on the tractors
and some of the trucks and sold the diesel loader, replaced the metal box with aluminum, changed their
hours of operation from 7:00 a.m. to 7:00 p.m, Monday through Friday and 8:00 a.m. to 5:00 p.m on
Saturday. He explained that the problem with dust was alleviated with the completion of the paving. He
thanked the APC, City staff and City Council for all their work on the application.
Councilmember Wachter asked what year the building was built and what year the homes were
built. JoAnn O'Keefe, 1679 Letendre Street stated that their home was one of the first built in the area and
that was 25 years ago and the building on the Johnson's site was built approximately 45 years ago.
Ron Miller, 3217 Donald Avenue, addressed the Council and stated that he talked to Mr. Johnson
on the phone in early June and asked him what could be done regarding the noise and smoke. He said
he was told by Mr. Johnson that it was something he would have to live with because the noise and smoke
were important for him to run his business. He noted that after that point the two of them did not talk any
further. He addressed the trimming of the trees and he said he believed the trees were on his property
and that by trimming them they would fill out on the bottom which would help block the view of the
Johnson's site. He stated that the trees are scrub trees and are not dense enough to entirely block the
view of the Johnson's site. He further stated that regardless of the density, the trees will not stop the noise,
smoke and dust. He indicated that the problems with the Johnsons started when they decided to enlarge
and move the bins to the northeast side of the property, which caused more extensive use of the bins in
the form of heavy, large diesel equipment continuously moving in and out of the area and dumping material.
Mr. Miller stated that just because Mr. Johnson sold the large diesel front-end loader it does not
S mean he will not buy another one. He said he did not suggest Mr. Johnson purchase a gas loader, but
he noted that there are propane loaders that could be used. He referenced the original 1994 CUP that
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
PAGE 10
stated the bins were to be located in the southwest corner of the property and constructed of timbers which
would have made them substantially smaller and reduced the need for the larger equipment thus
eliminating the noise, smoke and fumes. He said the operation of their business ruined their summer due
to the fumes and noise. He stated that he made some mistakes by taking some pictures of the Johnson's
property without their approval which was the reason for the temporary restraining order. He said the real
problem is how they are running their business too close to residential property and how it affects their
lifestyles. He presented a map that showed the actual distances from the business property line and bins
to their home. He added that the bins account for 40% of useable space on the property which is
substantially larger than what the 1994 CUP intended.
Mr. Miller mentioned that the property values of their homes will be affected. He referenced the
City Codes in relation to CUPs and how Richfield Blacktop violated the conditions of the 1994 CUP. He
added that their attorney, Mr. Todd, was taken out of context at the last APC meeting in that if the 1996
CUP is approved it will not solve the problems of noise and diesel smoke in their homes and no reference
was made at that meeting as to where and how often diesel equipment will be used. He concluded by
saying that if the Johnsons had abided by the 1994 CUP they would not be before the Council tonight. He
said they would not oppose the additional requests being made by the Johnsons if they would abide by the
original 1994 CUP. He said he has made some mistakes and he requested that the Council not make his
family and neighbors pay for those mistakes.
Gail Drewey, 3170 Sibley Memorial Highway, addressed the Council and indicated that she owns
the property adjacent to Johnson Richfield Blacktop on the north side. She noted that she was very aware
of the business operation prior to moving to the neighborhood and everything the Johnsons have said they
were going to do they have done. She further noted that a lot of diesel fumes and noise come from
vehicles travelling on Highway 13. She added that she has not had any problems with noise coming from
the Johnson's business. She asked what this site would be like if the Johnson's business was not there
and she noted that empty buildings create problems. She said that the Johnsons are good neighbors. She
also said that there are many truck repair and diesel businesses across Highway 13 and property values
will not be affected by the Johnson's business due to the commercial nature of the area. She reiterated
that it would be difficult to determine if the fumes and noise originate from Highway 13 or the Johnsons,
since the vehicles emit fumes and the air brakes on trucks make a lot of noise. She added that the bins
are located between her house and the business and she has not had a problem with noise.
JoAnn O'Keefe, 1679 Letendre Street, addressed the Council and stated she supports the
Johnson's business and their business makes a difference and works well in their neighborhood. She said
the Johnsons are wonderful people who have proven that they do care about the neighbors. She added
that she does not see any substantiated facts being presented by the Millers. She asked that the Council
make their decision this evening so the neighbors can start the New Year by healing. She read statements
of support from neighbors who could not attend the meeting offering the following comments: no problems
with noise or pollution, when the site was vacant it was very run-down and became a dumping ground,
Richfield Blacktop is an asset to the community, Richfield Blacktop is a good neighbor and Highway 13
emits more noise and spews more fumes than Richfield Blacktop, a request for the Council to end the
dispute that is tearing the neighborhood apart and one comment not in favor of a line of evergreen or fence
in front of or along the side of the property bordering the Johnsons. She thanked the APC for their hard
work in coming up with a valid recommendation to the City Council, the City Council for the many hours
they have given to this issue and to the City staff for listening and responding to the neighbors.
Peggy Van Winkle, 3240 Heritage Lane, addressed the Council and said her property borders
Richfield Blacktop and stated that she checked along the treeline to see if the noise was any louder or the
• fumes were any stronger than by Mr. Miller's house compared to her house and she did not notice anything
different.
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
4110 PAGE 11
Jonnel Green, 3225 Donald Avenue, addressed the Council and noted that anyone living along the
Letendre side will not get any fumes. She said she did not know how anyone could say they do not hear
any noise or smell any fumes if they have their windows closed and the air conditioning on. She asked
why the landscaping would need to be on the Van Winkle's side if they do not want it and why couldn't the
landscaping be moved to another side. She stated that the Van Winkles are the only property owners that
are as close to the business as the Millers and themselves. She noted that they are not trying to get the
Johnsons to leave the site but the fumes and the noise are major concerns that need to be addressed.
Mike Billmeier, 1673 Letendre Street, addressed the Council and showed some pictures of wooden
bins from a local nursery and how unsightly the bins look after a period of years. He discussed the
landscaping that exists now and the difference between how it looks in the summer and winter. He said
that it would be hard to spade trees in on the hill. He noted if evergreens are planted in with the trees that
already exist, when the other trees mature it would be necessary to cut down some trees to allow for a view
of the river.
Tim Green, 3225 Donald Avenue, addressed the Council and stated they are not trying to get the
Johnsons to leave the site, but they are trying to resolve the problems with noise, diesel fumes and the
concrete bins. He noted that there was a misunderstanding at the APC meeting regarding their lawyer
agreeing to a so-called compromise which they do not agree to. He acknowledged that he was sorry for
how out of control this situation has become, but he stated that he is concerned for his home and family.
Councilmember Awada noted that the APC minutes state, "He (Mr. Green) stated that they would
support the request if the storage bins were wood and located at the south end of the property and the
• applicant provided landscape screening." She asked what Mr. Green's position is in regard to the issue.
Mr. Green said they want the applicant to adhere to the conditions of the 1994 CUP which states the bins
should be constructed of timber at located at the other side of the property. In response to Councilmember
Awada's question, Mr. Green stated that he did not have a problem with the pylon sign, U-Haul vehicles,
or the proposed repair operation provided it was inside the building. When asked by Councilmember
Awada if he would accept the screening and less bins, Mr. Green deferred to Mr. Miller.
Barb Miller, 3217 Donald Avenue, addressed the Council and discussed the history of the site and
the conditions set forth by the town board in 1966 when the property was rezoned. She also referenced
the City Code and the standards of conformance. She noted that they want the Johnsons to follow the
rules set forth by the City. She mentioned that they offered the Johnsons a proposal to place the rock on
the southwest corner next to the vacant lot and then they would not be opposed to them expanding all of
their businesses. She said they are concerned with the diesel smoke and fumes because they directly
affect both them and the Greens and are hazardous to their health.
Mayor Egan stated that the Council is trying to determine what common ground exists. He said
there seems to be a preference for bins constructed of timber. He further said that the wooden bins would
probably absorb more of the sound, but the wooden timbers do not appear to be as aesthetically pleasing
as the concrete bins. Mrs. Miller said that the real issue is that the bins are too large and too much rock
and stone are being dumped out of the bins directly behind their house. She stated that it would be better
if they were smaller and confined to a smaller area of the Johnson's property on the southwest corner
adjacent to the empty lot with the appropriate buffering and fencing installed as required by City Code.
Councilmember Awada clarified that it is clear that the Millers and the Greens want the bins located
to another portion of the site and want landscape buffering and they are not opposed to the additional
requests being made by the Johnsons.
Mr. Johnson said they did agree to eliminate the back bins and move them closer toward to
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• EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
PAGE 12
Highway 13 with no loading on the back side. He stated that if they moved the bins to the area originally
approved with their 1994 CUP would result in a 55 foot difference and they are already willing to stop using
the eastern most five bins (approximately 20 feet)which would only result in a 35 foot difference. He said
if the trucks are moved to the other side Mr. Miller would still have a problem with the alleged noise. He
added that the landscape companies he talked with did not see any benefit to adding more landscaping.
Councilmember Wachter said that the sound of rocks on wood would create more noise than using
concrete which would absorb the noise. Councilmember Awada asked if the applicant had submitted a
landscape plan as directed by the APC and if they were in agreement with doing the landscaping. Mr.
Johnson stated they have gone along with the APC's direction but do not feel it will solve the problem.
Councilmember Awada asked if the Millers and Greens had seen the proposed landscape plan. Mr.
Johnson did not think they had seen the plan. Councilmember Wachter noted that the landscaping would
have to be planted on the Miller's and Green's property. Mr. Johnson stated it would be difficult to water
the landscaping given the slope. Senior Planner Ridley noted that the Johnsons have not received an
official landscape plan from a landscape architect yet, but the plan before the Council is what they will be
proposing. He further noted that staff has not reviewed the plan, but it appears at maturity it will provide
at least 75% opacity which the Code requires. He added that he is not sure what effect the additional
landscaping will have on the fumes, dust and noise. He said that the Johnsons are proposing evergreen
plant material (arborvitae)that are three to four feet tall and the City Code requires that coniferous material
to be planted must be at least six feet tall. Councilmembers noted that the density of the trees serves more
purpose that the height of the trees.
Councilmember Hunter stated that he is bothered by the fact that the tops of the trees were cut off
• by Mr. Miller and according to the topographic map the trees are on the Johnson's property. He added that
now there is a concern regarding the height of the trees to be planted and yet the tops of the existing trees
were cut off. Mayor Egan said that the objective of the landscape plan is to mitigate an unsightly situation
for a residential neighborhood. Councilmember Hunter noted that condition 11 in the APC minutes states,
"The applicant shall provide and install landscaping/screening as approved by City staff to buffer the Miller
and Green residences to the east." He further noted that the Council could approve this request, but the
landscape plan would be subject to the review and approval by City staff.
Mr. Johnson referenced the original CUP which stated the applicant shall construct a berm along
the north property line and railroad ties/timber bins to screen the proposed storage. He said that the berm
should be allowed to be constructed along the north property line. Councilmember Awada added that the
original CUP has not been abided by completely and it is not appropriate to make a point about the berm
along the north property line. She said that all of the Councilmembers voted in favor of the CUP in 1994,
but there was a lot of discussion whether some of the conditions were acceptable.
Penny Johnson, 3206 Sibley Memorial Highway,addressed the Council and referenced the pictures
they submitted and said by putting the barrier along the Green's property line it will not solve the problem
with the perceived noise or fumes.
Councilmember Awada stated that there are two issues that remain and they are the landscape
recommendation from the APC and the APC's recommendation to delete five storage bins on site. Senior
Planner Ridley clarified that the APC recommended they discontinue storing items in five of the bins on the
east side. Mrs. Johnson said that the APC stated they could leave the five bins on site because they will
act as a barrier for the erosion problem. Ridley added that the APC's recommendation was that only the
western most ten bins continue to be in use and the other five bins can remain on the site but must remain
empty. Councilmember Awada commented that the APC did a good job of working out a compromise and
she said she supported their recommendation. Mayor Egan concurred.
OO44S
• EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
PAGE 13
Councilmember Wachter said the Council could adopt the APC's recommendation with the
contingency that City staff approve the landscape plan, but he added that the additional landscaping will
not stop the fumes. He noted that the additional landscaping will greatly restrict the view of the valley. He
asked why the trees were cut down. Mr. Miller stated he had an arrangement with the previous property
owner that allowed him to trim the top of the trees so they could maintain a view of the Minnesota River
valley.
Councilmember Hunter suggested adding a clause to condition 11 of the APC's conditions that
would state, unless the Millers and/or Greens waive the requirement. Councilmember Awada asked how
it was determined that the landscaping had to be on the Miller's and the Green's property. Councilmember
Hunter said that the APC's recommendation specifies landscaping to buffer but does not indicate on whose
property the landscaping must be planted. Discussion occurred regarding the appropriate placement of
landscaping and it was determined that it would be up to the discretion of staff.
Councilmember Awada moved,Councilmember Hunter seconded a motion to approve a Conditional
Use Permit to allow a pylon sign subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording provided to the City.
2. If the conditional use has not been established within one year of the date on which the
conditional use permit was granted, the permit shall be null and void.
• 3. The pylon sign shall not exceed 27 feet in height and 125 square feet in area. The pylon
sign shall be located on the property and must be set back a minimum of ten feet from all
property lines.
4. Building signage is permitted on the west building elevation only, and shall not exceed
20% of the area of that building wall.
5. All signage including banners, flags and other miscellaneous signs shall comply with City
Sign Code requirements.
Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
Conditional Use Permit to allow outdoor storage of rental trucks subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording provided to the City.
2. The rental trucks shall be stored along the south property line as shown on the site plan
dated September 25, 1996.
3. The number of rental trucks stored on the property shall not exceed five (5) at any one
time.
Aye: 5 Nay: 0
S Councilmember Awada moved, Councilmember Hunter seconded a motion to approve an
amendment to the conditional use permit issued in 1994 to allow a) storage of vehicles to be located on
00449
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
1111 PAGE 14
the southeast portion of the lot, b) ten concrete storage bins to be located on the north central portion of
the lot, and the other five bins on site must remain empty and c)deny an increase in the maximum number
of vehicles stored outside from 20 to 30 subject to the following conditions:
1. This Conditional Use Permit shall become effective upon the recording of said permit and
Council resolution with the Dakota County Recorder and documentation of said recording
provided to the City within 60 days of Council action.
2. Submission and implementation of a landscape plan for the berm area north of the site and
the area along Highway 13. The applicant shall obtain a permit from MnDOT to install the
proposed landscaping within the Highway 13 right-of-way, and if MnDOT does not grant
such a permit, the applicant shall develop an alternative plan for landscaping the west side
of the property.
3. The applicant shall properly maintain all surfaced areas, curbing and premises.
4. Storage of landscape materials shall be permitted on the northeast portion of the site. The
applicant shall provided concrete bins to contain and screen the landscape materials
storage area, provided the applicant be permitted to have only the amount of bins originally
approved in 1994, keeping those closest to the highway.
5. Outdoor storage of vehicles is permitted for dump trucks, pickup trucks, sod trucks, trailers
and other vehicles and equipment not exceeding a total of 20 vehicles and provided they
are confined within the paved area of the lot located east of the principal building, and east
of a line extending south from the southeast corner of the principal building to the edge of
the pavement. This storage area shall be identified on the property by a painted line on
the pavement.
6. The City shall inspect the site for compliance with the conditional use permit one year after
approval and shall determine whether the storm drainage system is creating any erosion
or other problems. As a result of this review, additional conditions may be imposed by the
City Council.
7. Outside display shall be restricted to an area immediately west of and adjacent to the
building. The display area shall extend no more than six feet west of the building and shall
not interfere with pedestrian and vehicular flow through the site. Items to be displayed
within this area may include products sold and distributed on the premises; tires and sod
shall be displayed on racks.
8. The applicants shall provide a suitable enclosure for the outside display area as defined
in condition #7 above to physically delineate the display area.
9. The applicants shall provide a site plan reflecting the various uses on the property as
approved in this Conditional Use Permit.
10. The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday
and 8:00 a.m. to 5:00 p.m. on Saturdays.
11. The applicant shall provide and install landscaping/screening as approved by City staff to
buffer the Miller and Green residences to the east unless the Millers and/or the Greens
waive the requirement.
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EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 15
Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve an
amendment to the conditional use permit issued in 1995 to allow a) auto repair service for vehicles having
a payload rating of up to two tons, b) outdoor storage and display of new and used tires, and c) deny
outside vehicle repair subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording provided to the City.
2. The installation and repair service shall be provided only for automobiles and trucks with
a payload rating of two tons or less.
3. There shall be no outdoor storage of vehicles or equipment associated with the auto and
truck service. Outside display shall be permitted only within an area immediately west of
and adjacent to the building. The display area shall extend no more than six feet west of
the building and shall not interfere with pedestrian and vehicular flow through the site.
Items to be displayed within this area may include products sold and distributed on the
premises; tires and sod shall be displayed on racks.
4. All installation or repair service shall take place within the principal building only.
5. A screening enclosure shall be constructed by July 1, 1997, to contain the tire bin and the
• trash dumpster. The enclosure shall be attached to and made of materials compatible with
the principal building.
6. The applicants shall provide a suitable enclosure for the outside display area as defined
in condition #3 above to physically delineate the display area.
7. The semi-trailer shall be stored in the equipment storage area in the southeast portion of
the site.
8. No signage shall be permitted on the semi-trailer.
9. The applicants shall provide a site plan reflecting the various uses on the property as
approved in this Conditional Use Permit.
Aye: 5 Nay: 0
Mayor Egan expressed his hope that the neighbors would be able to mend their differences.
Mr. Miller stated that the Council did not address the problems of noise, smoke and dust. He
asked them to consider the effect this situation will have on their lives and their families. Mayor Egan said
that they have spent a great deal of time trying to resolve the issues.
INTERIM USE PERMIT - NORTH STAR TRANSPORT, INC.
City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff
report. Councilmember Awada asked if there is a way to allow the City to have the option to cancel the
lease once they acquire the property. Senior Planner Ridley stated that the condition of the Interim Use
Permit could be amended. He further stated that currently the lease is with the County.
00451
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 16
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an Interim
Use Permit to allow outdoor storage of semi trailers as a principal use on property located south of Borchert
Lane, between Mike Collins Drive and the Chicago, Milwaukee, St. Paul and Pacific Railroad subject to the
following conditions:
1. This Permit shall terminate upon the earlier of two years following the date of issuance of
the permit, or 30 days following notice to the applicant should the City acquire the property.
2. This Interim Use Permit shall be subject to an annual administrative review. The purpose
of such review shall be to determine compliance with the conditions of the permit. The
Interim Use Permit may be revoked for failure to comply with any condition of the Permit
following notice of the noncompliance and a hearing by the City Council with all interested
parties being given an opportunity to be heard.
3. All storage shall be located on the northern portion of the property and contained within
the existing gravel surfaced area.
4. The property shall be used for storage of semi-trailers only.
5. No more than 75 semi-trailers shall be stored on the property at any one time.
6. No vehicle maintenance activity shall be conducted on the property.
• Aye: 5 Nay: 0
The meeting recessed at 10:00 p.m. and reconvened at 10:10 p.m.
CONDITIONAL USE PERMIT -WAL-MART STORES, INC.
City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff
report. He stated that Mark Miller, Chair of the APC, would like the Council to require Wal-Mart to remove
the storage containers in an expedient amount of time, if the request for outdoor trailer storage is denied.
He further stated that the APC addressed the fact that for two years there has been outdoor storage
occurring which was never approved and a variety of items stored in the garden/landscape area on the
south side of the building which was specifically approved for garden materials only. Councilmember
Hunter asked if that condition had been included in the APC minutes. Ridley indicated it was not included
but is being recommended for consideration by the Council.
John Murphy, District Manager for Wal-Mart, addressed the Council and stated that they want to
be a good neighbor and he acknowledged that communication has not been the best in the past. He
indicated that they will do everything possible to bring their business into compliance. He addressed the
request for the outdoor storage of cargo trailers and explained that due to the high volume of merchandise
during this time of year they require extra storage. He noted the timeline for the extra storage runs from
mid-October through mid-December. He further noted that at other Wal-Mart locations throughout the Twin
Cities area they have twice as many trailers for outside storage. He said last year they had 29 trailers
outside and this year that number has been reduced to 12. He added that they are trying to make their
business profitable and then they can try and do what the City would like them to. He discussed how much
they pay monthly in property taxes, rent, payroll and donations to various charities. He stated that if they
were to enclose the volume of merchandise they need within the store, it would create a safety hazard.
Councilmember Hunter asked if the outside storage of cargo trailers is allowed with any other store
(0042
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 17
in Eagan. Senior Planner Ridley indicated that no other store is allowed to have trailers outside and he
added that staff checked on a variety of retailers last Tuesday prior to the APC public hearing and no other
business had outside storage trailers on their sites. Councilmember Hunter said he appreciates all that
Wal-Mart has done for the City and stated that they are a good business to have in the City. He noted that
the City Council treats all businesses fairly and that by approving Wal-Mart's request for the outside storage
trailers it would clearly benefit them over any other business. He further noted that he supports the APC's
recommendation to deny the request.
Councilmember Masin stated that she knows there are a lot of issues that have not been
addressed by Wal-Mart. She commented that Dayton's in Burnsville has many trailers outside during the
Christmas season.
Mayor Egan said that all businesses have to deal with the same situation that Wal-Mart is facing
regarding the need for extra storage during the Christmas season.
City Administrator Hedges indicated that the Code Enforcement report included in the Informative
Memo sent to the City Council contained a long list of notification and code violations at Wal-Mart. He
noted that commitments were made to the neighboring businesses regarding outside storage and have
clearly been violated. He added that Wal-Mart is valued in the community, but so are the other businesses.
Councilmember Awada asked if there was something that could be done in relation to this
application to help enforce the Code violations at Wal-Mart.
City Attorney Sheldon stated that there are two applications before the Council and the Council can
either deny the request for storage trailers or approve the request with conditions, but the conditions must
relate to outdoor trailer storage. He further stated that if there is an issue pertaining to other violations not
related to this request, then the business could be cited and prosecuted.
Mr. Murphy said he was not aware of any pending code violations that need to be addressed. He
further said he was willing to address those issues.
Councilmember Wachter stated that the timeframe Wal-Mart is requesting outside storage trailers
for is almost over. He suggested that they resolve their current Code violations and readdress this issue
once they have fully complied.
Mr. Murphy thanked the Council for their time and opportunity to address them.
Mayor Egan commented that the Council wants Wal-Mart to be part of the community and he said
they are very proud to have them in the City but they do need to comply with the requirements set forth
by the City Council.
Councilmember Hunter moved,Councilmember Awada seconded a motion to approve a Conditional
Use Permit to allow outdoor storage of trash and recyclable materials storage area on the east side of the
building near the loading docks on Lot 1, Block 1, Town Centre 70 Eleventh Addition located at 1360 Town
Centre Drive subject to the following conditions:
1. An eight foot screening wall shall be constructed around the trash and recyclable materials
storage area and shall consist of materials and color scheme to match the existing wall
and building.
2. The storage is only for pallets, cardboard and recycling material and that the applicant shall
00453
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 18
store no other trash outdoors.
3. The outdoor storage area provided shall be a 20-foot by 20-foot enclosure.
Aye: 5 Nay: 0
Councilmember Hunter moved, Councilmember Awada seconded a motion to deny a Conditional
Use Permit to allow outdoor storage of cargo trailers on Lot 1, Block 1, Town Centre 70 Eleventh Addition
located at 1360 Town Center Drive.
City Administrator Hedges noted that the City Attorney advised preparing a fact finding of the
denial. Councilmember Wachter stated that the applicant should work with staff so they know what the
violations are that need to be corrected. Councilmember Hunter said he did not feel the findings of fact
were necessary since the reasons for denial are straightforward.
A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Masin opposed)
1997 CITY OF EAGAN FEE SCHEDULE
City Administrator Hedges gave an overview on this item. Finance Director VanOverbeke stated
that the City is interested in recovering costs and not in making money over and above these costs. He
said that fees are applied in situations where there are specific users. He discussed the increases and the
reduction in some of the fees.
• Councilmember Awada asked if twenty-five cents per photocopy is too high. VanOverbeke noted
that if there is a large volume of something that is easy to copy it's probably too high, but if there is a
request for one copy that is difficult to find the cost is probably too low. Hedges said that staff is
empowered to make decisions in regard to what copies should be charged a fee. VanOverbeke stated that
discretion is used when determining if someone should be charged for copies. He further stated that
determining who is charged for what is becoming increasingly more difficult and further study will probably
need to be done with regard to charging for copies, faxes, items mail, etc.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1997
City of Eagan Fee Schedule. Aye: 5 Nay: 0
ORDINANCE AMENDMENT - ON-SALE LIQUOR LICENSE DESIGNATIONS
City Administrator Hedges gave an overview on this item.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
ordinance amendment changing on-sale liquor license designations. Aye: 5 Nay: 0
City Administrator Hedges said that the Council would be receiving an invitation from the YMCA
to attend a meeting on December 17 to address the issue of the legislature giving consideration to charging
YMCAs property tax, which is a request generated by Lifetime Fitness. He further said that the YMCAs
are looking for support and an opportunity to educate the community.
Mayor Egan mentioned the meeting he and City Administrator Hedges attended with the Mayors
and Administrators/Managers of Lakeville, Burnsville and Apple Valley. He stated that one of the issues
00454
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
• PAGE 19
identified by the group is the relationships of the Cities with their School Districts. He noted that the
Superintendents and the Chairs of the School Districts were invited to attend the meeting. He added that
the meeting was beneficial and he said that they want to identify ways to accomplish collective goals of
each of the Cities and their respective School Districts by involving the community in the goal setting
process. Councilmember Masin said that was the reason behind the Community Forum held in June.
000/0410A
City Administrator Hedges suggested the City Council schedule a Special City Council meeting to
discuss CDBG funding and provide direction to the Dakota County HRA.
Councilmember Wachter moved, Councilmember Awada seconded a motion to set a Special City
Council meeting on December 16, 1996 at 5:00 p.m. Aye: 5 Nay: 0
Hedges requested that Councilmembers return any updates to the Council Tracking List to him.
Mayor Egan stated that he and City Administrator Hedges had attended an open house at Mycogen
Seeds. He noted that the corporate headquarters was moved to Eagan from Prescott, Wisconsin. He
further noted that he was very impressed with the high tech operation. He mentioned that he has been
asked by the Builders Association of the Twin Cities to participate in a panel discussion on December 12
regarding growth options.
Councilmember Masin stated that she attended the LMC Policy Adoption Conference and she said
• that the morning speakers were very good. She said that she was told that discussion at a recent
Metropolitan Council Transportation meeting gave the impression that it is going to be difficult to get
Rosemount's share of transit tax from the Met Council. She further said that the reasoning for the Met
Council getting Rosemount's share is because they do not need the money and the region does.
Councilmember Hunter said that he met with Dan McCreary who owns a high tech company called
Integrity Solutions and they moved to the Waters in Eagan from Bloomington.
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated November 27, 1996 in the amount of$2,880,241.67. Aye: 5 Nay: 0
The meeting adjourned at 10:50 p.m. to an Executive Session.
MLK
December 4, 1996 , - ...4:� ,
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Date City Clerk
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00455
EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 4, 1996
PAGE 20
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (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.
•
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