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07/07/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota July 7, 1992 A regular meeting of the Eagan City Council was held on Tuesday, July 7, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, City Planner Jim Sturm, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. .................... ......................... City Administrator Hedges noted that Consent Agenda Item O, Final Plat, Weston Hills Addition would be recommended for continuance to the July 21, 1992, regular City Council meeting. Wachter moved, McCrea seconded, a motion to approve the agenda for the July 7, 1992, regular City Council meeting as presented. Aye: S Nay: 0 E 'ARTIvf ENT; HEAQ. ....INEgS ................................................... ............................... .................................................... ............................... ................................................... ............................... FINANCE DEPARTMENT /RENEWAL GENERAL LIABILITY & WORKERS' COMPENSATION INSURANCE Mayor Egan introduced this item as the renewal of the General Liability/Workers' Compensation Insurance, July 1, 1992 - June 30, 1993. Jeff Bowers of First Insurance, the City's insurance representative, explained some of the significant changes in the City's premiums as well as steps to be instituted to reduce the incident of claims. After brief discussion, Awada moved, Pawlenty seconded a motion to approve the 199211993 General Liability and Workers' Compensation insurance renewal package. Aye: S Nay: 0 C�DNSEN'I ACiNI3 ....................... ............................... A. Personnel Items Item 1. Seasonal Parks and Recreation Employees - -It was recommended that the hiring of Matthew Marxer as a seasonal ballfield attendant; Jennifer Mey as a seasonal tennis instructor; and Kathy McNeil as a playground leader be approved. B. Plumbers Licenses It was recommended that the Plumbers Licenses be approved as presented in Exhibit A. C. Renewals /Service Station Permits It was recommended that the service station permit renewals be approved as presented in Exhibit B. D. Renewals /Trailer Permits It was recommended that the trailer permit renewals for 1992 -1993 for B & F Distributing (Tripp Oil); Ab6n & Lyle Schultz; and Earl Marotzke be approved as presented. Page 3 /EAGAN CITY COUNCIL MINUTES July 7, 1992 M. Project 635, Receive Re o�rt /Order Public Hearing (Lakeview Trail Addition - Streets & Utilities) It was recommended that the feasibility report be received for Project 635 (Lakeview Trail Addition - Streets & Utilities) and a public hearing scheduled to be held August 4, 1992. N. Project 619, Receive Report/Order Public Hearing (Saddlehorn Addition - Streetlights) It was recommended that the final assessment roll for Project 619 (Saddlehorn Addition - Streetlights) be received and a final assessment public hearing scheduled for August 4, 1992. O. Final Plat, Weston Hills Addition It was recommended that the final plat for Weston Hills Addition be continued to the July 21, 1992, regular City Council meeting. P. Recommendation from Dakota Alliance for Prevention /Ea agn Representative It was recommended that the Dakota Alliance for Prevention advertise for an Eagan resident to serve as Eagan's representative on this commission. Q. Contract 88 -PP, Acknowledge Completion /Authorize Ci!y Maintenance (Galaxie Cliff Plaza - Streets & Utilities It was recommended that completion of Project 88 -PP (Galaxie Cliff Plaza - Streets & Utilities) be acknowledged and perpetual maintenance authorized subject to appropriate warranty provisions. R. Project 639, Receive Petition /Authorize Feasibility Report & Detailed Plans (Aldrin Drive - Streets & Utilities) It was recommended that the petition for Project 639 (Aldrin Drive - Streets & Utilities) be received and preparation of a feasibility report and simultaneous detailed plans authorized: S. Contract 91 -12, Approve Chance Order #1 (Manor Lake 4th - Streets) It was recommended that Change Order #1 to Contract 91 -12 (Manor Lake 4th Addition - Streets) be approved and the Mayor and City Clerk authorized to execute all related documents. T. Contract 90 -N, Acknowledge Completion /Authorize City Maintenance (Fairway Hills 3rd Addition - Streets & Utilities) It was recommended that completion of Contract 90 -N, Fairway Hills 3rd Addition - Streets & Utilities) be acknowledged and perpetual maintenance authorized subject to appropriate warranty provisions. U. Contract 89 -FF, Acknowledge Completion /Authorize City Maintenance (Hills of Stonebridge 2nd Addition - Streets & Utilities) It was recommended that completion of Contract 89 -FF, Hills of Stonebridge 2nd Addition - Streets & Utilities) be acknowledged and perpetual maintenance authorized subject to appropriate warranty provisions. Page 2 /EAGAN CITY COUNCIL MINUTES July 7, 1992 D. Renewals/Trailer Permits It was recommended that the trailer permit renewals for 1992 -1993 for B & F Distributing (Tripp Oil); Alwin & Lyle Schultz; and Earl Marotzke be approved as presented. E. Renewals /Amusement Device Licenses C. It was recommended that the amusement device license renewals be approved as presented in Exhibit F. Ratification of Name for Waterbody LP -26. Fitz Lake (Section 36) It was recommended that waterbody LP -26 be officially designated as Fitz Lake. G. Resolution and Findings of Fact Declaring Duckwood Crossings Development in Default of Development Contract It was recommended that a resolution declaring Duckwood Crossings Development in default of the development contract be approved which would authorize City staff to cause performance of the required work and obligations in order that such defaults may be cured and that the City be reimbursed by the developer and /or owner for any expenses and costs incurred as a result of curing such default. R -92.58 H. Resolution Amending Clean Water Partnership Grant Amendment (Schwan Lake) Extending Effective Date to January 31, 1993 It was recommended that a resolution be approved authorizing the City to enter into a grant agreement amendment extending the project period for the Clean Water Partnership grant for Schwan Lake to January 31, 1993. R -92.59 I. Contract 91 -09. Approve Change Order #1 (Well #16) It was recommended that Change Order #1 to Contract 91 -09 (Well #16) be approved and the Mayor and City Clerk authorized to execute all related documents. J. Contract 91 -10. Approve Final Payment (Raw Water Transmission Main) It was recommended that the 3rd and final payment for Contract 91 -10 (Raw Water Transmission Main) be approved for Annandale Contracting, Inc., in the amount of $5,696.68 and the improvements accepted for perpetual City maintenance subject to warranty provisions. K. Project 638, Authorize Feasibility Report Yankee Doodle Road & Mike Collins Drive - Storm Sewer System Expansion) It was recommended that the firm of Bonestroo, Rosene, Anderlik and Associates be authorized to perform a preliminary engineering study /feasibility report for Project 638 (Yankee Doodle Road & Mike Collins Drive - Storm Sewer System Expansion). L. Blackdog Watershed Management Organization (WMO).Approve 1993 Budget) It was recommended that the 1993 budget for the Blackdog Lake Water Management Organization be approved as presented. R Page 4 /EAGAN CITY COUNCIL MINUTES July 7, 1992 V. Contract 88 -F. Acknowledge Completion /Authorize City Maintenance (Fairway Hills 2nd Addition - Streets & Utilities It was recommended that completion of Contract 88 -F, Fairway Hills 2nd Addition - Streets & Utilities) be acknowledged and perpetual maintenance authorized subject to appropriate warranty provisions. Pawlenty moved, McCrea seconded, a motion to approve the Consent Agenda as amended. Aye: S Nay: 0 RATIFICATION /EAGAN CORRIDOR POSITION Egan moved, Wachter seconded, a motion to ratify the memorandum prepared by Assistant to the City Administrator Hohenstein which outlines the City's previously stated position that the corridor test be redone by the Metropolitan Airports Commission for a period of 60 - 180 days. (See Informative Memo dated July 1, 1992) Aye: S Nay: 0 ... ...... ............................... ' 1... SI 1 ARIN ................. ............................... .................. ............................... ................. ............................... PROJECT 632/WESTON HILLS ADDITION Mayor Egan introduced this item as Project 632, Weston Hills (Trunk Utilities). After brief comments by City Administrator Hedges and Director of Public Works Colbert, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described the improvements and their related costs. The developer was available to answer any questions; however, there was no one else in the audience to address the issue. Pawlenty moved, McCrea seconded, a motion to close the public hearing and approve Project 63Z; Weston Hills Addition (Think Utilities) deferring the tntnk area storm sewer assessment against Outlots A and B, Weston Hills, until the time of fiiture developnnent and at the then figure rates. Aye: S Nay: 0 PROJECT 633 /GREAT OAKS ADDITION Mayor Egan introduced this item as Project 633, Great Oaks Addition (Streets and Utilities). After brief comments by City Administrator Hedges and Director of Public Works Colbert, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described the improvements and their related costs. No one was in the audience to address this item. Wachter moved, Awada seconded, a motion to close the public hearing and approve Project 633 (Great Oaks Addition - Streets & Utilities) and authorize the preparation of detailed plans and specifications. Aye: S Nay: 0 OL MINESS ........... ... .................... ........... ............................... COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PRELIMINARY PLAT /MEGHANS ADDITION Mayor Egan introduced this item as a comprehensive guide plan amendment, Meghans Addition /Pulsar Inc., from NB (Neighborhood Business) to D -III (Mixed Residential), a rezoning of approximately 11 acres from NB (Neighborhood Business) to R -4 (Multiple) and a Preliminary Plat consisting of 11 lots and 88 units located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30. City Administrator Hedges provided a history of this item and noted that the Advisory Planning Commission had recommended approval of the revised site plan at their June 23, 1992, meeting. Mr. Hedges advised the Council that a letter had been received from the developer outlining his objections to certain conditions of plat approval J k- a a� Page 5 /EAGAN CITY COUNCIL MINUTES July 7, 1992 and that the City Attorney's office was recommending that the issues be resolved before taking action. City Planner Jim Sturm then described the application. Developer Mark Parranto, Pulsar, Inc., presented an overview of the Meghan's Addition and the changes they have made in the number of units, the setbacks and the amount of green space. He said that Pulsar, Inc., still does not have approval from the County for the right -in, right -out access onto Diffley Road but said they could not go to the County for this approval without a plan approved by the City. He suggested the Council approve the plan with a contingency for the access onto Diffley Road. Gary Grant, the architect for the project, reiterated the improvements they had made to the plat in an attempt to address the concerns of the neighborhood. He added that several neighborhood residents had asked why the developer did not build single - family homes on the property but Mr. Grant said their investment would require homes of approximately $200,000 and the location would not support homes of that value. Mayor Egan read a sample of the letters received from residents regarding their preference for the multifamily development versus a commercial development. Some discussion then ensued regarding the initial homeowners petition and the developer's survey of residents. Barbara Michals, 4255 Diamond Drive, voiced her objections to the survey performed by the developer and said that erroneous or partial information had been used in the survey. She asked that the neighborhood group be permitted access to the names and addresses of those surveyed so that the "whole story" could be presented to them. Councilmember Pawlenty explained that he had opposed the development originally but while the original petition was one factor in his decision, it was only one. He said that because it was obvious the neighbors disagreed on the development, his decision would have to be based on the merits of the development and what is the best use of the land. Mayor Egan suggested that rather than discussing the merits of the petitions and surveys that discussion be directed toward the neighborhood reaction to the changes the developer had made to the site plan. Abbie Bahr said she did not object to the townhouses but did to the price of the townhouses. She said the townhouses should be more expensive in order to keep out the type of people who, among other things, default on their loans and do not keep their property up. She also objected to the density of the project. Don Roemhildt, 4221 Diamond Drive, wondered why there was another public hearing when he thought the project had been denied. He then questioned the safety of the pond as it related to flooding. Director of Public Works Colbert provided information relating to the pond and its overflow. Roz Jarrett, 4233 Diamond Drive, voiced her objections to the density and the lack of green space. She asked about intended plantings and questioned whether the homeowners association would stockpile snow close to the property lines thereby causing problems for the single - family homes with the spring thaw. She said her property would be devalued adjacent to the $60,000 townhomes. Mr. Parranto then briefly explained the landscaping plan. No further testimony was offered from the audience, therefore, discussion returned to the City Council. After initially alluding to the City Council's attempt to downzone property in the City, Councilmember Pawlenty said he believed that townhomes would be a more positive approach to the property than a commercial development. He noted that some residents believed that if the project were not approved, the property would remain vacant. He said that while that was possible and they might find it beneficial in the short term, it was not the way to make a decision. Mayor Egan agreed and said all factors would have to be weighed including whether a strip mall was a better use of the property than a medium - density residential development. Page 6 /EAGAN CITY COUNCIL MINUTES July 7, 1992 Discussion then turned to the developer's objections to the assessments; however, it was apparent that without further research, no decisions on their accuracy or appropriateness could be made. In addition, because a rezoning cannot be "conditioned," City Attorney Mike Dougherty suggested that the City Council direct staff to work with the County regarding the access onto Diffley Road. He also pointed out that the rezoning could not be held in abeyance while an approved preliminary plat went to the County Board for discussion of the access; the rezoning would have to take place before the preliminary plat could be approved. It was noted that without the second access, a commercial development may be a more appropriate use of the property. City Administrator Hedges said that Staff would work with the developer on the assessment amounts for the property and the appropriate rates for those assessments. After further discussion, Pawlenty moved, McCrea seconded, a motion to draft a letter to the appropriate Dakota County officials indicating that the City Council has reviewed the Meghans Addition proposal, specifically the preliminary plat component, views it favorably and wants to express its desire that the County Board formally review this project based upon the City's letter for purposes of detennining the access onto Diffley Road. Mr. Parranto requested that in order to keep the project moving, Staff be directed to begin preparation of the development agreement. The City Council agreed. Aye: 5 Nay: 0 RECOMMENDATION /SIGN TASK FORCE REPRESENTATIVES Mayor Egan introduced this item as the recommendations for Sign Task Force representatives. City Administrator Hedges provided copies of a letter of application from resident, Ann Uzendoski, which was received Tuesday, July 7. After the first ballot, Larry Alderks, Sheryl Casey, and Ann Uzendoski were elected to represent the residents -at -large contingent on the Sign Task Force. They will join the representatives from the Northern Dakota County Chamber of Commerce, Gary R. Morgan, Paul Abbott, and Linda Nelson; the representative from the Advisory Planning Commission, Gary Graves; the representative from the Advisory Parks, Recreation, and Natural Resources Commission, Jonathan Widem; and the representative from the Economic Development Commission, Tom Pederson. IIEW `B S`iCS> CONTRACT 92 -OS /MISCELLANEOUS PROJECTS Mayor Egan introduced this item as Contract 92 -05, receive bids /award contract (Oak Cliff 6th, Woodlands North 2nd, Wilderness Ponds & Yankee Doodle - Utilities). Action on this item was delayed until after New Business Item D. APPROVE PLANS /AUTHORIZE ADVERTISEMENT FOR BIDS GREAT OAKS ADDITION & WOODLANDS NORTH 2ND ADDITION Mayor Egan introduced this item as Contract 92 -09, approve plans /authorize advertisement for bids (Great Oaks Addition & Woodlands North 2nd - Streets & Utilities). Page 7 /EAGAN CITY COUNCIL MINUTES July 7, 1992 Awada moved, McCrea seconded, a motion to approve the plans for Contract 92 -09 (Great Oaks Addition & Woodlands North 2nd Addition - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10.30 a.m. on Friday, .filly 31. Aye: 5 Nay: 0 CONTRACT 92- 10/WESTON HILLS Mayor Egan introduced this item as Contract 92 -10, approve plans /authorize advertisement for bids (Weston Hills - Trunk Utilities). Wachter moved, Awada seconded, a motion to approve the plans and authorize the advertisement for bids, Contract 92 -10, Weston Hills - Trunk Utilities. Aye: 5 Nay. 0 ECONOMIC DEVELOPMENT COMMISSION UNISYS INFOHUB GRANT APPLICATION Mayor Egan introduced this item as a recommendation from the Economic Development Commission for the Unisys Infohub Grant Application. City Administrator Hedges provided a brief background on the item. He said the Economic Development Commission had considered. this item at their June 23 meeting and were recommending submittal of a grant application in the amount of $250,000 for the Unisys Corporation for training activities. He said the EDC had recommended that it be structured as a performance loan with $150,000 to be forgiven if performance targets are met and a target of $100,000 to be repaid to the City for the funding of an economic development program. Assistant to the City Administrator, Jon Hohenstein, introduced Bob Manship from Unisys and noted that a public hearing would be held at a later date. He said the Infohub grant would result in 180 -200 jobs in the City both through retention and expansion. Councilmember Awada said that while the grant was beneficial to the City, it was the type of program that had grown out of a bad business climate in the State. She added that she believed this to be the wrong approach to that problem and would vote against the grant application. Wachter moved, Pawlenty seconded, a motion to approve an authorization for City staff to submit an application on behalf of Unisys Coporation for a $250,000 grant from the Minnesota Department of Trade and Economic Development economic development fiend to be structured as a performance loan with $150,000 to be forgiven if perfomnance targets are achieved and a target of $100,000 to be repaid to the City for economic development purposes. Aye: 4 Nay. 1 ( Awada) Mr. Manship expressed the company's appreciation for the grant application and added that it was a very positive step. CONTRACT 92 -05 /MISCELLANEOUS PROJECTS Mayor Egan introduced this item as Contract 92 -05, receive bids /award contract (Oak Cliff 6th, Woodlands North 2nd, Wilderness Ponds & Yankee Doodle - Utilities). Because of unfavorable bids, Director of Public Works Colbert recommended that only Project 627, Oak Cliff 6th Addition, and Project 593, Wilderness Ponds Storm Sewer, be accepted and that Project 630, Woodlands North 2nd Addition - Streets & Utilities, and the Yankee Doodle Road storm sewer improvements be rejected and rebid at a later date. Egan moved, Wachter seconded, a motion to receive the bids for Contract 92 -05 and that the contract be awarded for Project 627 (Oak Cliff 6th Addition) and Project 593 (Wilderness Ponds Addition) only and bids for Page 8 /EAGAN CITY COUNCIL MINUTES July 7, 1992 Project 630 (Woodlands North 2nd Addition) and Yankee Doodle Road storm sewer improvements be rejected and rebid at a later date. Aye: 5 Nay: 0 BEER LICENSE /PICCOLO'S PIZZA Mayor Egan introduced this item as a license for On -Sale Beer for Piccolo's Pizza, Wallace J. Boudreau, 4162 Pilot Knob Road. City Administrator said a license application had been received; however, suggested the Council may wish to continue the item to pursue other options. Wachter moved, Awada seconded, a motion to continue to the July 21, 1992, regular City Council meeting an application for a beer license for Piccolo's Pizzeria for Wallace Boudreau. Aye: 5 Nay: 0 REZONING /PRELIMINARY PLAT HAWTHORNE WOODS WEST Mayor Egan introduced this item as a rezoning for Hawthorne Woods West /Lyman Development Company, of approximately 9.2 AG (Agricultural) acres to an R -1 (Single Family) District and a preliminary plat consisting of 12 lots located east of Dodd Road and south of Diffley Road in the N 1/2 of Section 25. City Administrator Hedges said that the Advisory Planning Commission had considered this item at their June 23 meeting and had recommended approval. City Planner, Jim Sturm, explained the project and its location. He said problems had arisen with Conditions #6, dealing with abandoning the existing wells and septic systems, and #9, dealing with dedication of right -of -way at the time of final plat. Mr. Sturm said both issues had been resolved with the elimination of Condition #6 and the developer withdrawing his objections to #9. Steve Ryan, representing Lyman Development, was present to answer any questions. McCrea moved, Pawlenty seconded, a motion to approve a rezoning for Hawthorne Woods West /Lyman Development Company of approximately 9.2 AG (Agricultural) acres to an R -1 (Single Family) District. Aye: 5 Nay: 0 McCrea moved, Wachterseconded, a motion to approve a preliminaryplat consisting of 12 lots located east of Dodd Road and south of Diffley Road in the N 112 of Section 25 and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, BA, B2, B3, B4, Cl, C2, C5, Fl, El, F1, G1 and HI 2. Tree protection during grading shall include enclosing trees to be saved with snow fencing or other suitable material. 3. Boulevard trees will be allowed 7' from the back of the curb. 4. Outlot A shall be combined with the Duddingston property (P.LD. #10- 02500- 012 -08) at the time of final plat. 5. The grading along Pond JP -68 shall provide a 40 foot buffer zone to help prevent erosion into Pond JP- 68. Page 9 /EAGAN CITY COUNCIL MINUTES July 7, 1992 7. All lots will be required to connect to City sanitary sewer and water. & Sanitary sewer and watennain stubs shall be provided to the property line of the existing house east of the cul -de -sac on Rosemary Court (Parcel #012 -08). 9. The final plat shall dedicate sufficient right -of -way to meet the County's requirements for upgrading Diffley Road. Aye: S Nay: 0 McCrea moved, Wachter seconded, a motion to permit the final plat to occur before the secondary access to Diffley Road through the Hawdtome Woods North Addition is constructed. Aye: S Nay: 0 CONDITIONAL USE PERMIT /Q BURGER Mayor Egan introduced this item as a conditional use permit for Q Burger /Nancy L. Rieser, to allow on -sale liquor, 3.2 beer or wine, in a planned development district on Lot 1, Block 1, Bicentennial 1st Addition, located along the south side of Yankee Doodle Road, west of Washington Drive in the NE 1/4 of Section 16. City Administrator Hedges said the item had been before the Advisory Planning Commission at their June 23 meeting and they had recommended approval. Nancy Rieser, representing Q Burger, was present to answer any questions. Wachter moved, Pawlenty seconded, a motion to approve a conditional use pennit for Q Burger /Nancy L. Rieser, to allow on -sale wine and 3.2 beer at the Q Burger restaurant located in the Yankee Square Shopping Center subject to the following conditions: 1. 77tis conditional use pennit shall be recorded with Dakota County within 60 days of approval with documentation to the City. 2. Obtaining a liquor license from the City of Eagan. 3. All other applicable City Code requirements. Aye: 5 Nay: 0 Q BURGER /BEER, WINE & SUNDAY WINE LICENSE Mayor Egan introduced this item as an application for a Wine & Beer License for Q Burger /Nancy L. Rieser, Lot 1, Block 1, Bicentennial 1st Addition. City Administrator Hedges noted that the Police Department had found no reason to deny the application based upon their report. McCrea moved, Awada seconded, a motion to approve a wine and beer license and Sunday wine license for the Q Burger Restaurant located at 1428 Yankee Doodle Road as presented. Aye: 5 Nay: 0 :.1 r Page 10 /EAGAN CITY COUNCIL MINUTES July 7, 1992 CONDITIONAL USE PERMIT /BURNET REALTY SIGN Mayor Egan introduced this item as a conditional use permit for Burnet Realty, to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff Plaza Addition, located along the west side of Plaza Drive in the NW 1/4 of Section 32. City Administrator Hedges indicated that this item had been before the Advisory Planning Commission at their June 23 meeting and they had recommended approval. Councilmember Wachter said he would prefer that the application be postponed until after the Sign Task Force presented its findings. Discussion ensued regarding this application and others such as one put forward by EZ Stop. City Planner Sturm noted that this application differed in that it meets all sign code requirements and no variances are required. Pawlenty moved, Awada seconded, a motion to approve a conditional use permit for Burnet Realty to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff Plaza Addition, located along I -35E, south of Cliff Road, and subject to the following conditions: 1. Vie sign shall be subject to a one -time sign fee of $2.50 1sq ft. 2. The conditional use pennit shall be recorded with Dakota County widen 60 days of approval with documentation provided to the City. 3. All other applicable code requirements. Aye: 4 Nay: I (Wachter) CONDITIONAL USE PERMIT /EAGAN TIRE Mayor Egan introduced this item as a conditional use permit for Eagan Tire, to allow automobile rental in a CSC (Community Shopping Center) District on Parcel 070 -08, located along the north side of Beau D Rue Drive, east of Nicols Road in the NE 1/4 of Section 19. City Administrator Hedges indicated that this item had been before the Advisory Planning Commission at their June 23 meeting and they had recommended approval. The applicant was present to answer any questions. Because of the small scale of the operation, McCrea moved, Awada seconded a motion to approve a conditional use pennit for Eagan Tire and Auto service to allow the use of rental automobiles at their Cedarvale location and subject to the following conditions: 1. The conditional use permit shall be recorded with Dakota county within 60 days of approval with documentation to the City. 2. The total number of rental cars shall not exceed six. 3. All other applicable City codes shall be adhered to. 4. 77ze sale of the vehicles shall be prohibited. Aye: 5 Nay: 0 Page 11 /EAGAN CITY COUNCIL MINUTES July 7, 1992 CONDITIONAL USE PERMIT /GENISTAR Mayor Egan introduced this item as a conditional use permit for Genistar, to allow outdoor storage and a structure over 40' tall in a Light Industrial District on Lot 5, Block 1, Eagandale Corporate Square, located along the east side of Neil Armstrong Boulevard, south of Gemini Road in the NW 1/4 of Section 11. City Administrator Hedges indicated that this item had been before the Advisory Planning Commission at their June 23 meeting and they had recommended approval. City Planner Sturm advised the Council that two conditions had been added to the application and the applicant had agreed to both. Mr. Sturm also noted that while there was only one conditional use permit, two issues were involved: one concerning the outside storage issue and the other concerning a structure over 40' tall in a light industrial district. The applicant was present to answer any questions. After brief discussion, Wachter moved, Awada seconded, a motion to approve a conditional use permit for Genistar to allow outside storage in structures over 40' tall in a Light Industrial District on Lot 5, Block 1, Eagandale Corporate Square located along the east side of Neil Armstrong Boulevard, south of Gemini Road in the NW 114 of Section 11 and subject to the following conditions: 1. Future expansion beyond seven storage silos will require an amendment to this conditional use permit. 2. 77us conditional use permit shall be recorded with the Dakota County Recorder within 60 days of City Council approval with docunnentation provided to the City. 3. All equipment shall be treated to be compatible in appearance with the existing building. 4. All applicable City Codes shall be adhered to. 5. Only non - hazardous and non -toxic products shall be stored in the silos. 6 All debris and refuse shall be removed from the site prior to construction. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/WAL -MART Mayor Egan introduced this item as a conditional use permit for Wal -Mart to allow outdoor storage of shopping carts on Lot 1, Block 1, Town Centre 70 - 11th Addition, located along the north side of Duckwood Drive in the NW 1/4 of Section 15. City Administrator Hedges indicated that this item had been before the Advisory Planning Commission at their June 23 meeting and they had recommended approval. In answer to a question from Councilmember Pawlenty, City Attorney Dougherty said that while conditional use permits run with the land, time restrictions may be placed on the permit as a condition of approval. City Planner Sturm pointed out that Wal -Mart would be coming back through the process for approval of a permanent outside storage area in the near future. Doug Taylor, the Wal -Mart Store Manager was present to answer any questions. Page 12 /EAGAN CITY COUNCIL MINUTES July 7, 1992 McCrea moved, Wachter seconded, a motion to approve a conditional use permit for Wal -Mart to allow outdoor storage of shopping carts on Lot 1, Block 1, Town Centre 70 - Eleventh Addition, located along the north side of Duckwood Drive in the NW 114 of Section 15, and subject to the following conditions: 1. This conditional use permit shall be recorded at Dakota County within 60 days of approval and documentation provided to the City. 2. All shopping cans which are stored outside shall be stored behind the delivery wall. 3. The enclosure shall not interfere with any pedestrian or vehicular movements. 4. 77he pop machines shall not be perutted outside. 5. All other applicable City Codes. 6. This conditional use pennit shall expire on October 1, 1992. Aye: 5 Nay. 0 AMEND DEVELOPMENT AGREEMENT TOWN CENTRE 70 - ELEVENTH ADDITION Mayor Egan introduced this item as an amendment to the Development Agreement for Town Centre 70 - Eleventh Addition. Because the previous item was approved for outside storage with an expiration date of October 1, 1992, amendment of the development agreement was not necessary. Therefore, no action was required on this item. CONDITIONAL USE PERMIT /JAMES BOMBARDO Mayor Egan introduced this item as a conditional use permit for James Bombardo to allow indoor recreation and more than three amusement devices, including outdoor miniature golf and go cart track, in a CSC (Community Shopping Center) District on Lot 1, Block 3, Mari Acres 2nd Addition, located along the west side of Nicols Road in the SW 1/4 of Section 30. McCrea moved, Awada seconded, a motion to continue to the July 21, 1992, regular City Council meeting a conditional use permit for James Bombmdo, Lot 1, Block 3, Mari Acres 2nd Addition. Aye: 5 Nay. 0 ADMINISTRATIVE AGENA:A ............................................ ............................... ............................................ ............................... ............................................. ............................... CITY ADMINISTRATOR /OPUS CORPORATION WATER QUALITY STUDY Mayor Egan introduced this item as payment of a water quality study /Opus Corporation. City Administrator Hedges provided background on the item and explained that a question had arisen regarding payment for the study. After further discussion, Egan moved, Pawlenty seconded, a motion to defer the cost of the water quality impact analysis until such time as the property owned by Opus Corporation located in the northeast comer of Lexington Avenue and Yankee Doodle Road is developed. fl r ^f Page 13 /EAGAN CITY COUNCIL MINUTES July 7, 1992 Because the initial study was undertaken prior to Councilmember Awada's tenure on the City Council, she indicated she would abstain from voting. Aye: 4 Nay. 0 Abstain: I (Awada) SPECIAL CITY COUNCIL MEETING A special City Council meeting was set for July 21, 1992, at 5:00 p.m. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated July 7, 1992, in the amount of $842, S76.02. Aye: 5 Nay. 0 ADJOURNMENT The City Council adjourned the regular meeting of July 7, 1992, at 10:06 p.m. CITY OF EAGAN L14 -- VanOverbeke Cit Jerk M 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, (7DD phone: (612) 454 - 8535). PLUMBERS CITY COUNCIL JULY 7 1992 1. ASSOCIATED MECHANICAL CONTRACTORS, INC. 2. J.L. BJORLIN PLUMBING 3. DAVE'S PROFESSIONAL PLUMBING 4. LEON DUDA PLUMBING SERVICE INC. 5. E.C.E. PLUMBING 6. HOKANSON PLUMBING INC. 7. LAMB MECHANICAL S. MARQUE PLUMBING 9. NORDIC SERVICES, INC. 10. NSI PLUMBING 11. PLUMBING & HEATING ECONOMIZERS, INC. 12. ROBERTS PLUMBING INC. Jk� 1992 -1993 SERVICE STATION PERMIT RENEWALS for City Council Approval on July 7, 1992 1. Brooks Superette 2. Cedar Cliff Amoco 3. Cedarvale Sinclair 4. Duckwood 66 5. Eagan E -Z Stop 6. Eagan Amoco 7. FinaServe 0576, 1594, 1590 S. Holiday Stationstore 0232, #247 9. SuperAmerica #4049, #4182, 04335 10. Texaco Superstore 11. Tom Thumb Food Markets 12. Total Petroleum, Nicols, Rahncliff Ct. 13. Yankee Square Amoco 0C. -17a MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 7, 1M A special meeting of the Eagan City Council was held on Tuesday, June 16, 1992 in the City Administrator's office at the Eagan Municipal Center building, beginning at 5:00 p.m. The meeting was held in this office in order that City Councilmember Pawlenty could participate through use of the speaker telephone. Those present were Mayor Egan and City Councilmembers Awada, McCrea, and Wachter. Also in attendance were the City's employment law attorney John Roszak, Assistant to the City Administrator/Personnel Director Duffy and City Administrator Hedges. PERSONNEL ITEMS Counsel Roszak presented a verbal report regarding provisions in the City of Eagan's Personnel Policy with regard to discipline and their application and a verbal report regarding investigations for possible disciplinary actions. A Personnel Committee meeting was scheduled for Tuesday, July 14, at 7:00 a.m. in the City Administrator's office to review the health insurance program at the City of Eagan and the current compensation range /step plan. The special City Council meeting was then moved to Conference Rooms A and B to consider the remainder of the items on the agenda. CABLE SYSTEM OWNERSHIP TRANSFER Present at this portion of the meeting were Mayor Eagan, Councilmembers Awada, McCrea and Wachter. Also present were Cable Commission Members O'Malley and Schaffer, the commission's special legal counsel Tom Creighton, Cable Coordinator Reardon, Assistant to the City Administrator Hobenstein and City Administrator Hedges. Cable Coordinator Reardon and Counsel Creighton updated the Council on the status of the pending transfer of cable ownership from Hauser Communications to Meredith /New Heritage Strategic Partnership, Inc. There was discussion regarding the proposed transfer resolution. Coordinator Reardon indicated the Commission was to review the transfer resolution at its July 9, 1992 meeting and that he was expecting the Commission to close the public hearing on the transfer and to advise the member cities to adopt the resolution. Barring any unforseen circumstances, Coordinator Reardon said he anticipated the Council would consider the transfer resolution at its August 4, 1992 meeting. Commission members O'Malley and Schaffer responded to general questions regarding cable television issues and the community. CEDARVALE UPDATE There was very little time to consider the Cedarvale study and the City of Eagan's role in the Cedarvale Greater area redevelopment. Therefore, it was determined that a special workshop session would be set for July 21, 1992 preceding the regular Council meeting to consider this item. This action setting the date for the special meeting would officially be taken at the July 7, 1992 regular City Council meeting. Page 2/EAGAN SPECIAL CITY COUNCIL MINUTES July 7,1992 OTHER BUSINESS There being no further business, the meeting was adjourned in order that councilmembers could attend the regular City Council meeting which was due to begin at 6:30 p.m. HND July 7, 1992 C� Date City Clerk If you need these minutes in an alternative fort such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (612) 681 -4600, (7DD phone: (612) 454 - 8535).