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05/04/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota ' ` May 4, 1993 A regular meeting of the Eagan City Council was held on Tuesday, May 4,1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Hunter moved, Wachter seconded, a motion to approve the agenda for the May 4, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Councilmember Masin noted the following correction to the minutes of the April 20, 1993, regular City Council meeting: Page 10, Paragraph 2, should show Councilmember Hunter as the second for the motion to approve the agreement authorizing reallocation of special assessments associated with Lexington Pointe Eighth Addition. Councilmember Hunter asked that the following correction be made to the minutes of the April 20, 1993, regular City Council meeting: Page 11, Paragraph 5, the motion should show: "Nay: 1 (Hunter)" Councilmember Wachter recommended the following corrections: Page 13, Last Paragraph, the name should be Wayne "Groth." Page 14, 2nd Paragraph, First Sentence should be clarified. It has been changed to read: "Councilmember Wachter expressed his concern that the church would have been given the information that they could not use the cul-de-sac and thought the residents perhaps didn't understand that this is a public street and anyone, including the church, can use a public street." Wachter moved, Awada seconded, a motion to approve the minutes of the April 20, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 In reference to the minutes of the March 30, 1993, special City Council meeting, Councilmember Awada asked that the final sentence in the final paragraph on the Cat Ordinance item be changed as follows: "She further stated that the solution is to lower the number of wild cats, help with education, and encourage having pets spayed and neutered." Awada moved, Wachter seconded, a motion to approve the minutes of the March 30, 1993, special City Council meeting as amended. Aye: 5 Nay: 0 Awada moved, Wachter seconded, a motion to approve the minutes of the April 5, 1993, special City Council meeting as presented. Aye: 5 Nay: 0 Page 2/EAGAN CITY COUNCIL MINUTES May 4, 1993 With receipt of an another petition, Director of Public Works Colbert asked that Consent Item S, Project 651 - Receive Petition/Authorize Feasibility Report (Cedar Grove 6th & 9th Additions - Streetlights), be changed to include additional locations in the project area, primarily Cinnabar Drive, Calcite Drive and Gold Trail. City Administrator Hedges asked the City Council whether they wished to designate one of their members to serve as a liaison for Item H, Statement of Qualifications (SOQ) Consulting Engineering Firms, and/or Item I, Request for Proposals (RFP), Construction Manager. He noted that Councilmember Hunter had volunteered to serve in that capacity for the insurance agent/broker SOQ. Councilmember Wachter expressed an interest if the dates could be coordinated; City Administrator Hedges said they would be flexible. Councilmember Masin said she was interested and would, at the least, like to be kept informed. Councilmember Wachter then referred to Item L, Gambling License for Eagan Hockey Association at the Cherokee Sirloin Room, and asked whether the license for the EHA would replace the Humane Society at the Cherokee Room and whether the EHA was considered a charity. City Administrator Hedges said that the EHA was replacing the Humane Society, however, that decision was not the City's but the Cherokee Sirloin Room's to make. In answer to the second question, City Attorney Sheldon replied that the Eagan Hockey Association is a charity if it meets the qualifications of a 501C. Whether those qualifications are met will be determined by the State. Director of Public Works Colbert then referred to Item C, Contract 93-07, Receive Bids/Award Contract (Wenzel Addition - Streets & Utilities) and advised that Northdale Construction had made an error in addition and that with the corrected bid were now the low bidder. Mr. Colbert said Northdale had been contacted about the error and had been asked whether the corrected bid was the bid they wished to submit. Northdale indicated they would honor the corrected bid. A. Personnel Items Item 1. Seasonal Parks Maintenance Worker--It was recommended that the hiring of Randy Bryant, Kenneth Cooley, Gary Hedman, Wayne Johnson and Rolf Simonson as seasonal parks maintenance workers be ratified. Item 2. Seasonal Street Maintenance Worker--It was recommended that the hiring of Dan Hekrdle as a seasonal street maintenance worker be ratified. Item 3. Personnel Policy Revisions--It was recommended that the revisions to Section 8 (Outside Employment) regarding notification to and from the supervisor of outside work and to Section 10 (Working Hours and Overtime Pay) extending a choice of either cash payment or compensatory time for overtime work for non-collective bargaining employees be approved. Item 4. Seasonal Street Maintenance Worker--It was recommended that the hiring of Ronald Larson as a seasonal street maintenance worker be approved. B. Licenses. Tree Contractors It was recommended that tree maintenance contractors' licenses for Huston's Tree Service, Roggen Buck Tree Care and Outdoor Specialties be approved. Page 3/EAGAN CITY COUNCIL MINUTES May 4, 1993 C. Contract 93-07. Receive Bids/Award Contract (Wenzel Addition - Streets & Utilities) It was recommended that the bids for Contract 93-07 (Wenzel Addition - Streets & Utilities) be received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. D. Project 651. Receive Petition /Authorize Feasibility Report (Cedar Grove 6th Addition -Streetlights) It was recommended that the petition be received, the preparation of the feasibility report for Project 651 (Cedar Grove 6th Addition - Streetlights) authorized, and the public hearing scheduled for June 1. It should be noted that the project area was changed to include additional locations, primarily Cinnabar Drive, Calcite Drive and Gold Trail. E. Contract 91-11. Final Payment ell #16 - Well House & Pumping Facilities) It was recommended that the 6th and final payment for Contract 91-11 (Well #16 - Wellhouse and Pumping Facilities) be approved in the amount of $13,365.33 to Richmar Construction, Inc., and acceptance for perpetual maintenance authorized subject to appropriate warranty provisions. F. Set Date/Time. Second City Council Meeting in May It was recommended that the date and time for the second regular City Council meeting in May be set for May 18 at 8:00 p.m. G. Agreement. Special Assessments Reallocation It was recommended that the agreement authorizing reallocation of special assessments from Outlot D, Lexington Pointe Addition, to Outlot A, Lexington Pointe Eighth Addition, a waiver of hearing and right of appeal with modification be approved. H. Statement of Qualifications (SOO). Consulting Engineering Firms It was recommended that staff be authorized to proceed with a formal request for Statement of Qualifications (SOQ) for consulting engineering services. 1. Request for Proposals (RFP). Construction Manager It was recommended that the Request for Proposal (RFP) for construction management services for the municipal center/public safety expansion be approved as presented. J. License. On-Sale Liquor. Manager of Chili's. 3625 Pilot Knob Road It was recommended that the on-sale liquor license for Chili's Bar and Grill with Phillip Coursin as manager be approved. K License. Beer & Wine. Village House II (Que Viet) 1272 Town Centre Drive It was recommended that the beer and wine license for the restaurant Que Viet at 1272 Town Centre Drive be approved. Page 4/EAGAN CITY COUNCIL MINUTES May 4, 1993 L. License. Gambling- Eagan Hockey Association for Pull-Tabs at Cherokee Sirloin Room It was recommended that the gambling license for the Eagan Hockey Association for pull-tabs at the Cherokee Sirloin Room be approved to go into effect August 28, 1993. R-93.28 M. Declare Surplus Property for May 22. 1993. Public Auction It was recommended that the bicycles, unclaimed property and miscellaneous City property be declared surplus and sold at public auction on Saturday, May 3, 1993, at 3830 Pilot Knob Road. N. Contract 88-H. Acknowledge Completion (Town Centre 100 - 5th Addition. Waterford Apartments Phase I - Utilities) It was recommended that completion of Contract 88-H (Town Centre 100 - 5th Addition, Waterford Apartments Phase I - Utilities) be acknowledged and acceptance authorized for perpetual maintenance subject to the appropriate warranty provisions of the Development Contract. 0. Contract 90-Y. Acknowledge Completion (Town Centre 100 - 8th Addition. Waterford Apartments Phase II - Utilities) It was recommended that completion of Contract 90-Y (Town Centre 100 - 8th Addition, Waterford Apartments Phase II - Utilities) be acknowledged and acceptance authorized for perpetual maintenance subject to the appropriate warranty provisions of the Development Contract. P. Amendment to 1993 Fee Schedule. Permit Fee for Motorized Golf Cart It was recommended that the 1993 Fee Schedule be amended to include a $25 Permit Fee for operation of a motorized golf cart on designated City streets for purposes of transporting persons with disabilities. Q. Vacate Utility Easements. Receive Petition/Order Public Hearing (Town Centre 70 - Second & Eleventh Additions) It was recommended that the petition to vacate certain utility easements located within Town Centre 70 - 2nd & 11th Additions be received and a public hearing scheduled to be held on June 1, 1993. R. Project 653. Receive Petition/Authorize Feasibility Report (Cedar Grove 4th Addition -Streetli hhtts) It was recommended that the petition be received, preparation of the feasibility report authorized for Project 653 (Cedar Grove 4th Addition - Streetlights), and a public hearing scheduled for June 1, 1993.. S. Project 652. Receive Petition /Authorize Feasibility Report (Cedar Grove 3rd Addition -Streetlights) It was recommended that the petition be received, preparation of the feasibility report authorized for Project 652 (Cedar Grove 3rd Addition - Streetlights), and a public hearing scheduled for June 1, 1993. T. Project 654. Receive Petition/Authorize Feasibility Report (Cedar Grove 5th Addition -Streetlights) It was recommended that the petition be received, preparation of the feasibility report authorized for Project 654 (Cedar Grove 5th Addition - Streetlights), and a public hearing scheduled for June 1, 1993. Page 5/EAGAN CITY COUNCIL MINUTES May 4, 1993 U. Final Plat. Bur Oak Hills 3rd Addition It was recommended that the final plat for Bur Oak Hills 3rd Addition be approved. R-93.29 V. Final Plat. Engstroms Deerwood 2nd Addition It was recommended that the final plat for Engstroms Deerwood 2nd Addition be approved. R-93.30 Before a motion was made regarding the Consent Agenda, Councilmember Wachter indicated he would not vote against the Humane Society in favor of the Eagan Hockey Association's gambling license. Awada moved, Hunter seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 EXCEPT: Item L. License, Gambling, Eagan Hockey Association for Pull-Tabs at Cherokee Sirloin Room. Aye: 4 Nay: 1 (Wachter) PROJECT 601A/LEXINGTON & LONE OAK INTERSECTION Mayor Egan introduced this item as Project 601A (Amended), Lexington & Lone Oak (Intersection/Signalization Improvements). After the City Administrator provided brief background on this item, Director of Public Works Colbert summarized the project's history. He noted that this improvement is a part of both the County's and the City's five-year plans. He stated that the total estimated cost is $1 million with the City responsible for approximately half. Of the City's share, approximately $178,000 is expected to be assessed. Director of Public Works Colbert then referred to the objections that had been received from the adjacent property owners relating to the design of the intersection. He discussed the proposed improvements to the intersection and the traffic volume. Mr. Colbert noted the accidents that have taken place at the intersection but said no detailed analysis had been done as to what type of accidents, i.e., rearend, broadside, etc., had taken place. Mr. Colbert turned his attention to the medians and the restricted access. He indicated that attempts had been made to mitigate the medians; however, Dakota County had determined that the length of median was necessary to accommodate the speed and amount of traffic through this intersection. In closing, Mr. Colbert pointed out that Mark Hanson from Bonestroo, Rosene, Anderlik & Associates, was present to address any issues, as well as Dave Everds and Pete Sorenson of Dakota County. Before opening the hearing to the public, Mayor Egan noted that early in the process, the trailway system had been deleted from the project west of Lexington and north of Lone Oak all the way to Knox. He said the change was made in order to preserve trees and lawns; however, it was unlikely any further modifications to the proposal would be entertained by Dakota County. He said the City was cognizant of the issues but was willing to listen. Patrice Batagglia, Dakota County Commissioner, said she was attending the public hearing to show good faith. She stated that the project had taken a long time and she was aware of the differences of opinion on what should be done. She further stataed she was aware some residents are unhappy with the project but added that government must look at the big picture. She said it was not about friendships but what would best represent the needs of the entire community. The Commissioner allowed that the City and County must be sensitive to transportation issues but realistic as well. She said there is no compromise for safety and the needs of certain roads and certain improvements will not go away. Page 6/EAGAN CITY COUNCIL MINUTES May 4, 1993 Colleen Linnan, employed by Cray Research, stated that she uses the intersection, it is very dangerous and the delays are impossible. Ms. Linnan, on behalf of Cray, urged the Council to improve the intersection. Connie Lee, who lives near the intersection said she saw the problem but did not understand why homeowners would be assessed for work they didn't want done. She asked why everyone who uses the intersection shouldn't be assessed? Mayor Egan explained that while the City has a joint agreement with the County as to the initial cost split, City policy has been to assess the benefitting properties. He said that most of the property abutting the project area is industrial and the City will assess to the highest and best use of the land. He stated that this policy is consistent with what the City has done in the past with other similar projects. Greg Pike said the homeowners are receiving no benefit and are losing property. City Attorney Sheldon said homeowners will be reimbursed for property lost and any assessments will be based on benefit to the property. Jeff Roberts, Crate Prospects, said his business has genuine concerns that were not being addressed. He realizes the corner has to be improved but objects to being left out of the process. Mr. Roberts asked that City Councilmembers spend an hour on the corner to see the workings of the intersection. He then noted that with the proximity of their building to the actual roadway and the 45 - 50 mph speed limit, they have safety concerns. He said the intersection improvements would have a detrimental effect on their business and if they can't make it on that corner, who can? Mr. Roberts asked that the project be delayed. Councilmember Awada and Mayor Egan disputed Mr. Roberts' claim that concerns were not being addressed when the project had been around for three years and had been on 17 City and County agendas. The Mayor added there has been more than abundant opportunity for public comment. Max Steininger stated that everyone had been heard on the project but the County was issuing an ultimatum saying it's either this design or none. Mr. Steininger said the answer was simple: vote it down. Mark Anderson, representing Opus Corporation, Alscor, and North American Mutual Life, noted that 62% of the front footage for this project belongs to the above companies and they will be paying 81% of the assessments. He said they are in favor of the intersection improvements but added that should not be construed to mean they are in favor of the upgrade of Lone Oak Road all the way to Highway 55. Jeanette Tschida, an employee of Cray Research, stated that the signals are badly needed; the intersection is a major hastle as it is. Greg Tschida said he understood the residents' objections to being assessed for the project and asked why companies, that use or benefit from their employees using the intersection, couldn't pay for the improvements. Connie Lee said the County was blackmailing the City into approving the project by not just permitting the intersection to be signalized without all the other improvements. Michael Merchant stated that he goes out of his way to avoid the intersection when possible because it just is not safe. He said signalization is necessary. Mayor Egan returned the hearing to the Council. Councilmember Masin asked Director of Public Works Colbert why the right turn lane was necessary and why the road was so close to the Crate Prospects building. Mr. Colbert indicated there is sufficient right-of- way to accommodate the road. In addition, the right turn lane has proven to be a beneficial design that provides free flowing movement through an intersection. Page 7/EAGAN CITY COUNCIL MINUTES May 4, 1993 City Councilmember Wachter reiterated his concerns about the impact of the median on the residential and commercial properties; however, his overriding concern is the cost of the intersection. He questioned whether the right turn lane would be beneficial when it would only overload the one-lane ramp onto 1-35E. He indicated the money would be better spent to improve the ramp onto I-35E from Yankee Doodle Road. He then asked how Opus Corporation could be paying 81% of the assessments. Mark Anderson said that 62% of the front footage belongs to one of the companies he represents and if one considers the dollars they have already paid and the dollars they will be assessed, it amounts to 81% of the total. Further discussion took place regarding the costs; however, Mr. Everds reassured the Councilmember that costs are no higher than any other project of this nature. Pete Sorenson of Dakota County said that any problems with I-35E will not be solved by this improvement but the project should also not be vetoed on that basis. He indicated that such problems are best handled by the State. Mr. Everds added that the County would be happy to join the City in working with MnDOT on effecting improvements to interstate access in the City. Councilmember Hunter stated there had been unprecedented public input on this project and the City had bent over backward for the benefit of a few. He said they now owed it to the rest of the people who must use this intersection to signalize it. Councilmember Masin cited a total lack of impact of the citizens and the City Council on this project. She said she would like to see a change whereby the County Board and the Physical Development Board Committee would field the process. But even though it is a lot of money, she would vote for the project because as part of the industrial park the improvements are needed. Mayor Egan stated that the City Council has made every effort on this project to alleviate the concerns of the abutting property owners, but, he added, the issues of safety, traffic management and convenience must also be considered. He said the City has sent the project back to the County a number of times in an effort to change the design but the County has indicated they have done all they can do. The Mayor closed by saying the Council had to balance all factors and they have tried; however, it is time to move forward. Awada moved, Hunter seconded, a motion to close the public hearing and approve Project 601A (Amended) for the intersection/signalization of Lexington Avenue and Lone Oak Road and authorize the Mayor and City Clerk to execute all related cooperative agreements with Dakota County. Aye: 4 Nay: 1 (Wachter) There were no Old Business items. METROPOLITAN AIRPORTS COMMISSION LEGISLATIVE POSITION Mayor Egan introduced this item as consideration of a recommendation by the Airport Relations Commission to support House File 431 and Senate File 508 concerning Metropolitan Airports Commission representation. City Administrator Hedges added that the Commission has indicated that additional direct representation would be beneficial and would respond to the current situation in which a single representative attempts to balance the interests of Bloomington, Eagan, and Mendota Heights. After brief discussion, Awada moved, Wachter seconded, a motion to approve a recommendation by the Eagan Airport Relations Committee to support HF 431 and SF 508 to provide for direct representation on the Metropolitan Airports Commission for cities immediately adjacent to the airport. Aye: 5 Nay: 0 Page 8/EAGAN CITY COUNCIL MINUTES May 4, 1993 ORDINANCE AMENDMENT/IMPOUNDMENT BARKING DOGS RABIES CONTROL Mayor Egan introduced this item as an ordinance amendment, City Code Chapter 10, Regulations for Impoundment of Barking Dogs & Rabies Control. City Administrator Hedges described the amendment. Wachter moved, Hunter seconded, a motion to approve an amendment to City Code Chapter 10, Section 10.11 regarding the inmpoundment of habitually barking dogs and providing for rabies control regulations. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/FIRE LANE SIGNAGE Mayor Egan introduced this item as an ordinance amendment, City Code Chapter 10, Fire Lane Signage Requirements. City Administrator Hedges said the ordinance amendment would create uniformity in fire lane signage. Wachter moved, Awada seconded, a motion to approve an amendment to City Code Chapter 10, Section 10.40, regarding Minnesota Uniform Fire Code, Subdivision 6, Fire Lane Signage Requirements. Aye: 5 Nay: 0 SPECIAL USE PERMIT/TARGET Mayor Egan introduced this item as a special use permit for Target Store, to allow temporary outdoor bedding plant sales at 2000 Cliff Lake Road (Lot 3, Block 1, Cliff Lake Centre). Acting Director of Community Development Hohenstein explained the application and its location. Hugh Cherne, representing Target, was present to answer any questions. In answer to a question from Councilmember Hunter, Mr. Cherne indicated that nursery sales would take place only during Target's store hours. The Councilmember suggested that this be made a condition of the approval. He mentioned also that he liked the out of the way location of the greenhouse. Councilmember Wachter cautioned that other stores would want a greenhouse too. Hunter moved, Awada seconded, a motion to approve a special use permit for Target Stores for temporary outdoor storage and sales of greenhouse plants at 2000 Cliff Lake Road as presented and subject to the following conditions: 1. This permit is temporary and shall be valid from May 8, 1993 - June 19, 1993. 2. The permit shall be subject to all applicable Code requirements. 3. Greenhouse sales will be restricted to the same hours as the Target Store. Aye: 4 Nay: 1 (Wachter) SPECIAL USE PERMIT/MARVIN SMITH Mayor Egan introduced this item as a special use permit for Marvin Smith & Son, Inc., to allow temporary outdoor sales at 3380 Highway 149 South (Lot 2, Block 1, Gopher Eagan Industrial Park Second Addition). Acting Director of Community Development Hohenstein explained the application and its location. He asked Council if they wished to add a condition similar to the Target item regarding sale hours. The Page 9/EAGAN CITY COUNCIL MINUTES May 4, 1993 applicant had no objections. It was noted the same application had been before the City Council last year and there had been no problems. Wachter moved, Awada seconded, a motion to approve a special use permit for Marvin Smith & Son, Inc., to allow temporary outdoor sales at 3380 Highway 149 South subject to the following conditions: 1. This special use permit is temporary and shall be valid from June 16 through 19, 1993. 2. Set-up shall not take place prior to June 9, 1993. 3. The tent shall be removed no later than June 22, 1993. 4. The permit shall be subject to all applicable City policies and ordinances. 5. The outdoor sales will be restricted to the same hours as Smitty's Outlet Store. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/AAGARD ENVIRONMENTAL SERVICES Mayor Egan introduced this item as a conditional use permit for Aagard Environmental Services, to allow outdoor storage on Lot 8, Block 1, Sibley Terminal Industrial Park located along the west side of Terminal Drive in the SE 1/4 of Section 8. City Administrator Hedges said the Advisory Planning Commission had recommended approval subject to all conditions. Acting Director of Community Development Hohenstein explained the application and its location. He advised that the application is not for the storage of materials--as last year's application from Nitti Disposal--but rather for roll-off containers and trucks. Mr. Hohenstein said that the City Attorney had advised that the conditional use permit and its conditions refer only to what is permitted, not what is not. Therefore, he recommended that: 1) language be added to the action being requested to include the outdoor storage "of roll-off containers and trucks;" 2) conditions 2 and 12, referring to hazardous waste and recyclables, respectively, be eliminated; and 3) the reference to recycling center in condition 11 be changed to parking lot. Tim Herman, representing the applicant, was present to answer questions. Councilmember Wachter asked whether Aagard Environmental Services had been utilizing outside storage prior to their application. Mr. Herman indicated that the only outside storage on the property was of the roll-off containers. Councilmember Wachter said his sole objection to Aagard's request was that they were storing containers before they asked permission. Mr. Herman said they initially thought the City's only objection to outside storage related to recyclables. He said they did store some things before making application to see whether the location would work for their company. He said they outgrew their building. Mr. Herman also indicated they would like to be able to eventually utilize a hazardous waste room to store florescent tubes but will work with staff toward that goal in the future. Hunter moved, Awada seconded, a motion to approve a condtional use permit for Aagard Environmental Services to allow outdoor storage of trucks and empty roll-off containers on Lot 8, Block 1, Sibley Terminal Industrial Park, as presented and subject to the following conditions: 1. All material brought to and from the site shall be covered while being transported. bu roes . Page 10/EAGAN CITY COUNCIL MINUTES May 4, 1993 1 AP 2. All federal, state, and county guidelines shall be met. 3. City of Eagan approval is subject to approval by the Metropolitan Polution Control Agency and Dakota County. 4. The applicant shall provide written documentation to the City of MPCA and Dakota County approval. 5. The conditional use permit shall be recorded with the Dakota County Recorder within 60 days of approval with documentation provided to the City. 6. This conditional use permit shall be subject to all other applicable City ordinances. 7. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to issuance of a grading permit or building permit. 8. The storm sewer layout for this site shall be designed in accordance with the City's Stormwater Management Plan and Water Quality Management Plan. 9. Current City Code requires that parking lots shall be surfaced with bituminous or concrete and the edge of the parking lot shall be constructed with a concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. This shall be accomplished by the end of 1995. 10. The design of the upgraded parking lot shall prevent debris from the recycling center parking lot from washing into the City storm sewer. 12. 14andgag of f8eyelables -is not pefalined- Aye: 4 Nay: 1 (Wachter) COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/ CONDITIONAL USE PERMIT/TOTAL PETROLEUM Mayor Egan introduced this item as a comprehensive guide plan amendment for Total Petroleum, from RB (Roadside Business) to CSC (Community Shopping Center), a rezoning of approximately 2.1 acres from RB to CSC, and a conditional use permit to allow outdoor storage located along the south side of Cliff Road east of Rahncliff Road in the NW 1/4 of Section 32. Acting Director of Community Development Hohenstein presented the application and its location. He said in reviewing an application for a beer license, it had been discovered that it would not be permitted in this zoning. Because of this finding, Total Petroleum had submitted an application to rezone. Mr. Hohenstein also described an application from Total Petroleum for outside storage of water softener salt, wood, and propane. He said staff has recommended that landscaping for this location be brought up to standard as a condition of the conditional use permit. Mayor Egan noted that if the conditional use permit were not approved, the City would have no leverage to enforce the landscaping condition. Lynn Swanson, representing Total Petroleum, stated that landscaping will be improved once the City and County have completed road improvements in their area. City Councilmember Awada asked whether there was a way to separate the water softener salt and wood from the propane. City Attorney Sheldon said that the City Council can make a determination as to which of the items meets standards. The Councilmember then asked whether the conditional use permit was permanent. pnR ~ Page 11/EAGAN CITY COUNCIL MINUTES May 4, 1993 Acting Director of Community Development Hohenstein stated that a conditional use permit runs with the land; however, if there is a violation of conditions, the permit can be revoked. He said that if the conditional use permit is approved, the Council could address the location for the propane enclosure. Councilmember Hunter noted his agreement with the Advisory Planning Commission's action and that the conditions of the conditional use permit be modified to include propane only. Mayor Egan added that the APC clearly identified the reasons for denying the other outside storage items. Hunter moved, Awada seconded, a motion to approve a comprehensive guide plan amendment for Total Petroleum from RB (Roadside Business) to CSC (Community Shopping Center). Aye: 5 Nay: 0 Hunter moved, Awada seconded, a motion to approve a rezoning of approximately 2.1 acres from RB (Roadside Business) to CSC (Community Shopping Center). Aye: 5 Nay: 0 Hunter moved, Wachter seconded, a motion to approve a conditional use permit to allow outdoor storage located along the south side of Cliff Road, east of Rahncliff Road as presented and subject to the following conditions: 1. The conditional use permit shall be recorded with the Dakota County Recorder within 60 days of approval with documentatioon provided to the City. 2. Outside storage shall be limited to propane only. 3. The storage area shall be relocated outside of the established front building setback. 4. All dead and damaged planting material shall be removed and replaced throughout Lot 1, Block 1, Rahncliff 1st Addition. R-93.31 Aye: 5 Nay: 0 OFF-SALE BEER LICENSE/TOTAL PETROLEUM Mayor Egan introduced this item as a license for Off-Sale Beer, Total Petroleum, 2000 Rahncliff Road. Hunter moved, Awada seconded, a motion to approve an off-sale beer license for Total Petroleum at 2000 Rahncliff Road. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/YOUNG ADVERTISING Mayor Egan introduced this item as a conditional use permit for John J. Young, to allow an advertising sign on Parcel 013-56 located along the east side of Highway 13, north of Diffley Road in the west 1/2 of Section 19. City Administrator Hedges stated that the Advisory Planning Commission had recommended denial. Acting Director of Community Development Hohenstein explained the application and the Eagan billboard history since 1990 when the City Council approved a temporary moritorium on billboards. In March of 1993, the City Council approved a no net gain policy on billboards and he stated specifically that the no-net gain ordinance would be presented at the May 18, 1993, City Council meeting. Mr. Hohenstein then explained and presented the location of the Young application stating that the sign meets all requirements. He noted that the Advisory Planning Commission's motion was to approve the application but the motion failed 2-4. Page 12/EAGAN CITY COUNCIL MINUTES May 4, 1993 John Young, the applicant, explained the application's location. He said the proposed sign is not product oriented but directional and will help direct people into the Cedarvale area. He went on to say that he has talked to 46 business owners in Cedarvale and 44 of them had supported the sign. Mr. Young cited a study by a St. Thomas University professor outlining ways to address areas that have experienced economic downturns. In reference to the study, Mr. Young said the City has right-of-way property in the Cedarvale area and he suggested that Cedarvale merchants be contacted with a proposal to sell them a permanent easement in the right-of-way with the only condition being that any billboard be used to promote business within Cedarvale. He said the money gained from the sale of the easement could be used for public events. These public events would draw people into the area where they could see what businesses are available, thereby regenerating those businesses. In closing he 'described the advantages of signage and referenced another study dealing with sign useage. Mayor Egan asked whether the sign would be within 500' of a residence. Acting Director of Community Development Hohenstein said there is a house immediately adjacent to the proposed sign. Director of Public Works Colbert indicated that the house belongs to Neil Heine who has approached the City in the past about what can be done with the property. Mr. Colbert said Mr. Heine is looking to dispose of the property. Councilmember Hunter indicated he did not object to the proposed location for the sign and while he is not anxious to have additional billboards, he would find it less objectionable if it would help Cedarvale. Mayor Egan agreed. A question was raised about placing a five-year limit on the sign to see if it benefitted Cedarvale but there were concerns that would not be financially feasible. John Young said his company had bought the property expressly for a sign--in fact, a sign is the only use for the property--and they have a good deal of time and money invested. Mr. Young allowed that the sign would be offered first to Cedarvale, the City at large second, and then to a tenant outside the City; however, he was not willing to make that a condition of approval. Councilmember Masin said she preferred not to vote against the Advisory Planning Commission and suggested the issue go back to the APC to address their concerns. Mayor Egan acknowledged the Councilmember's reservations, but said he believed the Commission was only trying to anticipate the City Council's concerns. He said this would be a proactive way to help Cedarvale. Councilmember Hunter commended Mr. Young for gaining the signatures of the Cedarvale businesses; he said Mr Young's efforts had swayed his support for the sign. Councilmember Awada said she also would like to help Cedarvale and noted that this is one of the smallest billboards on the list of proposed billboards and meets current ordinance requirements. Councilmember Masin said there were already a number of billboards in the Cedarvale area and asked whether it would meet 1,500' spacing requirements. Acting Director of Community Development Hohenstein advised that the existing ordinance only requires that signs be 1,000' apart; however, spacing for the proposed sign would exceed 1,500'. Councilmember Wachter stated he hoped the sign would help the Cedarvale area and send a message that the City Council is willing to try and assist. He said he would support this one exception. Hunter moved, Egan seconded, a motion to approve the conditional use permit for John Young to allow an advertising sign on Parcel 013-56 located along the east side of Highway 13, north of Diffley Road as presented subject to the following conditions: Because of concerns about actual setback requirements, condition 2 was changed to: "required setback." 1. The conditional use permit shall be recorded with the Dakota County Recorder within 60 days with documentation provided to the City. Page 13/EAGAN CITY COUNCIL MINUTES May 4, 1993 2. The sign shall meet the required 4& setback from the property lines. 3. The sign shall be subject to the one-time sign fee of $2.50/sq.ft. 4. This conditional use permit shall be subject to all other applicable Code requirements. Aye: 5 Nay: 0 VACATE EASEMENTS/LEMBKE 1ST ADDITION Mayor Egan introduced this item as vacate drainage and utility easements, receive petition/order public hearing (Lot 1, Block 1, Lembke 1st Addition). Wachter moved, Awada seconded, a motion to receive the petition to vacate drainage and utility easements for Lot 1, Block 1, Lembke 1st Addition, and schedule a public hearing to be held on June 1, 1993. Aye: 5 Nay: 0 FINAL PLAT EXTENSION/HAWTHORNE WOODS 2ND ADDITION Mayor Egan introduced this item as a final plat extension for Hawthorne Woods 2nd Addition. Hunter moved, Wachter seconded, a motion to approve a sixty day extension for filing of the fmal plat for Hawthorne Woods 2nd Addition as presented. Aye: 5 Nay: 0 PERSONNEL COMMITTEE MEETING A Personnel Committee meeting will be held on May 14, 1993, at 3:00 p.m. for the purposes of discussing finalists for the Community Development Director position. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated April 29, 1993, in the amount of $1,289,685.63. Aye: 5 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council adjourned at approximately 10:20 p.m. KF CITY OF EAGAN L AE.anOverbeke erk 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).