12/03/1991 - City Council RegularI ,
AGENDA
.EGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
DECEMBER 3, 1991
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
IV. 6:55 - CONSENT AGENDA (PINK)
Z A. PERSONNEL ITEMS
f.4 B. RESOLUTION, Findings of Fact, Adams Outdoor Advertising, Denial of an Outdoor Sign on
P Parcel 011-27
C. RESOLUTION, Findings of Fact, Adams Outdoor Advertising, Denial of an Outdoor sign on
parcel 041-01
r7: 10 D. PROJECT 90-I, Acknowledge Completion/Authorize City Maintenance (Autumn Ridge Addition
- Streets & Utilities)
'O E. VACATE Portion of Drainage & Utility Easement, Receive Petition/Order Public Hearing
'
(Lot 2, Block 5, Drexel Heights)
. I\l AGREEMENT, Dakota County Compost Site Lease
V. 7:00 - PUBLIC HEARINGS (SALMON)
F A. 1992 Property Tax Levy and General Fund Budget
VI. OLD BUSINESS (ORCHID)
A. RESOLUTION, Findings of Fact, Adams Outdoor Advertising, Approval of an Outdoor Sign
on Parcel 020-76
V 3 3) Contract 91-12, Rec Bids/Award Contract (Manor Lake 4th Addition - Streets &
Utilities) _,
3 C. PROJECT 86-RR, Foreclose Financial Security/Authorize Advertisement for Bids
(Wilderness Ponds - Streets & Utilities)
VII. NEW BUSINESS (TAN)
ra.ri A. VARIANCE, R. A. Kot Homes, Inc. , a 16' Variance to the Setback Requirement of 50' from
I-35E in the SE 1/4 of Sec 31 (Lot 18, Block 2, Eagan Royale) , ''
Lk W) VARIANCE, Sienna Corporation, a 15' Variance to the 50' Setback rom General;----
f74 Development Lakes in the Shoreland Zoning Ordinance, Located at Lot 1, Block 3, Oaks
of Bridgewater 2nd Addition
'j- C. PRELIMINARY PLAT, E-Z Eatery Addition/Crown Coco, Inc. , Consisting of One,
Approximately 4.2 Acre GB (General Business) Zoned Lot Located at the Northwest
Intersection of Diffley Road and Nicols Road in the SW 1/4 of Sec 19
VIII. ADDITIONAL ITEMS (GOLD)
0 IX. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
XI. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 27, 1991
SUBJECT: AGENDA INFORMATION FOR THE DECEMBER 2, 1991 CITY COUNCIL
MEETING
After approval is given to the December 2, 1991 City Council agenda and the regular
meeting minutes for the November 19, 1991 meeting, the following items are in order for
consideration.
I
Agenda Information Memo
December 3, 1991 City Council Meeting
kt.
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PERSONNEL ITEMS
A. PERSONNEL ITEMS:
Item 1. Investigator/Police Department--It is the recommendation of Chief of Police
Geagan that John Stevenson be appointed as an investigator in the Eagan Police
Department.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of John
Stevenson as an investigator for the Eagan Police Department.
Item 2. Seasonal Winter Recreation Leaders--Attached on page_S is a copy of a memo
from Recreation Supervisor Oyanagi listing persons he is recommending for hire for
temporary seasonal winter recreation leader positions. This list contains experienced people
who are returning to the City from prior winter recreation seasons. Recreation Supervisor
Oyanagi is presently in the process of interviewing new applicants. An additional list of
persons recommended for hire for these positions will be presented at the December 17,
1991 City Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Ross
Anderson, Theresa Bland, Ian Dozier, Chris Fitch, Michael Geere, Tim Gill, Aaron
Godleski, Andy Halverson, Rob Helebrant, Wayne Leseman, Cory Lynch, Mike Mattson,
Michael Melville, Ray Sperl, Brent Tait and Joseph Tracy as temporary seasonal recreation
leaders for the 1991/1992 winter recreation season.
MEMORANDUM
TO: MOLLY DUFFY, ASSISTANT TO THE CITY ADMINISTRATOR
FROM: JON OYANAGI, RECREATION SUPERVISOR/
DATE: NOVEMBER 25, 1991
RE: WINTER RECREATION LEADERS
I am recommending the hiring of the following temporary, seasonal, winter recreation
leaders:
1. Ross Anderson 9. Rob Helebrant
2. Theresa Bland 10 Wayne Leseman
3. Ian Dozier 11. Cory Lynch
4. Chris Fitch 12. Mike Mattson
5. Michael Geere 13. Michael Melville
6. Tim Gill 14. Ray Sperl
7. Aaron Godleski 15. Brent Tait
8. Andy Halverson 16. Joseph Tracy
Due to the early arrival of snow, we are attempting to open the tubing hill at Trapp Farm
Park each weekend until full operation begins December 20. This list contains returning
staff from the 1990-91 season. New staff is being interviewed presently and will be hired by
mid-December. After orientation and training, they will be ready to staff the various
warming shelters by December 20, 1991.
JO/nh
cc Ken Vraa, Director of Parks and Recreation
3
Agenda Information Memo
December 3, 1991 City Council Meeting
RESOLUTION/ADAMS OUTDOOR ADVERTISING/PARCEL 011-27
B. Resolution, Findings of Fact, Adams Outdoor Advertising, Denial of an Outdoor Sign
on Parcel 011-27--At its regular meeting of November 7, 1991, the Eagan City Council
considered an application for an outdoor advertising sign on the above-referenced parcel.
Based upon the information presented at the meeting and all the records, files and
documents relevant to the matter herein, the Council denied the application of Adams
Outdoor Advertising for a conditional use permit for an outdoor advertising sign and a
variance to allow more than 250 square feet of signage area to be located on Parcel 10-
03200-011-27 along the east side of-35E south of Cliff Road on the northwest quarter of
Section 29. Enclosed on pages through (pis a copy of the Findings of Fact and
Resolution regarding this decision. It would be appropriate at this time for the Council to
officially approve the Findings of Fact and Resolution.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Findings of Fact and
the Resolution denying the application of Adams Outdoor Advertising for a conditional use
permit for an outdoor advertising sign and a variance to allow more than 250 square feet
of signage area to be located on Parcel 10-03200-011-27 along the east side of I-35E south
of Cliff Road on the northwest quarter of Section 29.
47/
THE CITY OP EAGAN
RESOLUTION DENYING ADAMS OUTDOOR ADVERTISING'S APPLICATION FOR A
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW AN OUTDOOR ADVERTISING
SIGN OF MORE THAN 250 SQUARE FEET LOCATED ON PARCEL 10-03200-011-27
ALONG THE EAST SIDE OF I-35E, SOUTH OF CLIFF ROAD, IN THE NORTHWEST
QUARTER OF SECTION 29.
The Advisory Planning Commission of the City of Eagan held a
public hearing on this matter on October 22, 1991. The Advisory
Planning Commission recommended a denial of both the conditional use
permit and the variance. The application was then heard by the Eagan
City Council on November 7, 1991. At the November 7, 1991 meeting,
the Council heard from all interested parties and considered the
matter in conjunction with all of the files, records and prior
proceedings.
the foregoing,Based
on all of g g► BE IT RESOLVED, by the City
Council of the City of Eagan, Dakota County, Minnesota, that the
application of Adams Outdoor Advertising for a conditional use permit
for an outdoor advertising sign and a variance to allow more than 250
square feet of signage area to be located on Parcel 10-03200-011-27
along the east side of I-35E south of Cliff Road on the northwest
quarter of Section 29 is hereby denied based upon the following:
1. The applicant has the burden to establish compliance with
the City Code Provisions.
2. The property is zoned Roadside Business and is designated in
the comprehensive guide plan for Roadside Business uses.
3. The site is adjacent to a residential area. The proposed
sign would be clearly visible and intrusive to the
residential area, which would reduce the integrity of the
residential area.
4. The establishment of the sign may adversely affect the
property values of the surrounding and adjacent property.
5. The City Council views large outdoor advertising signs as a
temporary use. The Council finds that the establishment of
an outdoor advertising sign may delay development and
potential tax revenue to the City. Further, the Council
finds that such a delay will tend to make the sign permanent
rather than temporary.
6. The variance proposed is not within the specific objectives
of the comprehensive plan and the City Code.
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Eased on the foregoing the Council finds that the applicant has
not net its burden of proof as set out in Section 11.40, Subd, 4(c)
Paragraphs 1, 2 and 3 of the Eagan City Code and that the application
is hereby denied.
Dated: November 19, 1991. CITY OP EAGAN
City Council
Thomas A. Egan, Mayor
ATTEST:
E. J. VanOverbeke, Clerk (47 90d LSZ ZPctiti S6i 9Z noN
Agenda Information Memo
December 3, 1991 City Council Meeting
RESOLUTION/ADAMS OUTDOOR ADVERTISING/PARCEL 041-01
C. Resolution, Findings of Fact, Adams Outdoor Advertising, Denial of an Outdoor Sign
on Parcel 041-01--At its regular meeting of November 7, 1991, the Eagan City Council
considered an application for an outdoor advertising sign on the above-referenced parcel.
Based upon the information presented at the meeting and all the records, files and
documents relevant to the matter herein, the Council denied the application of Adams
Outdoor Advertising for a conditional use permit for an outdoor advertising sign and a
variance to allow more than 250 square feet of signage area to be located on Parcel 10-
02900-041-01 along the east side o I-35E sou of Cliff Road on the northwest quarter of
Section 32. Enclosed on pages through is a copy of the Findings of Fact and
Resolution regarding this decision. It would be appropriate at this time for the Council to
officially approve the Findings of Fact and Resolution.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Findings of Fact and
the Resolution denying the application of Adams Outdoor Advertising for a conditional use
permit for an outdoor advertising sign and a variance to allow more than 250 square feet
of signage area to be located on Parcel 10-02900-041-01 along the east side of I-35E south
of Cliff Road on the northwest quarter of Section 32.
THE CITY OF EAGAN
RESOLUTION DENYING ADAMS OUTDOOR ADVERTISING'S APPLICATION FOR A
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW AN OUTDOOR ADVERTISING
SIGN OF MORE THAN 250 SQUARE FEET LOCATED ON PARCEL 10-02900-041-01
ALONG THE EAST SIDE OF I-35E, SOUTH OF CLIFF ROAD, IN THE NORTHWEST
QUARTER OF SECTION 32 .
The Advisory Planning Commission of the City of Eagan held a
public hearing on this matter on October 22 , 1991. The Advisory
Planning Commission recommended a denial of both the conditional use
permit and the variance. The application was then heard by the Eagan
City Council on November 7, 1991. At the November 7, 1991 meeting,
the Council heard from all interested parties and considered the
matter in conjunction with all of the files, records and prior
proceedings.
Based on all of the foregoing, BE IT RESOLVED, by the City
Council of the City of Eagan, Dakota County, Minnesota, that the
application of Adams Outdoor Advertising for a conditional use permit
for an outdoor advertising sign and a variance to allow more than 250
square feet of signage area to be located on. Parcel 10-02900-041-01
along the east side of I-35E south of Cliff Road on the northwest
quarter of Section 32 is hereby denied based upon the following:
1. The applicant has the burden to establish compliance with
the City Code Provisions.
2 . The property is zoned Roadside Business and is designated in
the comprehensive guide plan for Limited Business uses.
3 . The site is adjacent to a residential area. The proposed
sign would be clearly visible and intrusive to the
residential area, which would reduce the integrity of the
residential area.
4 . The establishment of the sign may adversely affect the
property values of the surrounding and adjacent property.
5. The City Council views large outdoor advertising signs as a
temporary use. Because of the topography, size, location and
zoning of the site, the site will be difficult to develop.
The Council finds that the establishment of an outdoor
advertising sign may delay development and potential tax
revenue to the City. Further, the Council finds that such a
delay will tend to make the sign permanent rather than
temporary.
6. The variance proposed is not within the specific objectives
of the comprehensive plan and the City Code.
Based on the foregoing the Council finds that the applicant has
not met its burden of proof as set out in Section 11.40, Subd, 4 (c)
Paragraphs 1, 2 and 3 of the Eagan City Code and that the application
is hereby denied.
Dated: November 19, 1991. CITY OF EAGAN
City Council
Thomas A. Egan, Mayor
ATTEST:
E. J. VanOverbeke, Clerk
Agenda Information Memo
December 3, 1991, City Council Meeting
ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE
(AUTUMN RIDGE ADDITION)
D. Project 90-I,Acknowledge Completion/Authorize City Maintenance (Autumn Ridge
Addition - Streets & Utilities)--City staff has received a request from the developer for
formal acknowledgement of completion of the privately installed streets and utilities
servicing the above-referenced development. All final inspections have been performed by
representatives of the Public Works Department and found to be in order for favorable
Council action allowing the transfer of maintenance responsibilities to the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project
90-I (Autumn Ridge Addition - Streets & Utilities) and authorize perpetual City
maintenance subject to all appropriate warranty provisions.
VACATION OF EASEMENT
(LOT 2, BLOCK 5, DREXEL HEIGHTS)
E. Vacate Drainage & Utility Easement, Receive Petition/Order Public Hearing (Lot 2,
Block 5, Drexel Heights Addition)--The City has received a request from the above-
referenced property owner to vacate a small portion of a utility easement to allow the
construction of a three-season porch addition. All application materials have been
satisfactorily submitted and are in order for the Council to consider scheduling a formal
public hearing to discuss the merits of this request.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a
portion of a utility easement (Lot 2, Block 5, Drexel Heights Addition) and schedule 'a
public hearing to be held on January 7, 1992.
to
Agenda Information Memo
December 3, 1991 City Council Meeting
COMPOST SITE LEASE
F. Agreement,Dakota County Compost Site Lease—Enclosed on pages/2. through (7
is a revised lease agreement prepared for the Dakota County Compost Site located on City
property immediately south of the Municipal Center. As a consequence of potential
improvement of the site for City purposes beginning in 1992, staff has negotiated a six
month lease with the potential to extend the term in the event that improvements do not
occur on the site during the year. In the interim, staff has indicated to the County the need
to locate and secure an alternative site within the community to continue this service in the
long term even though the Municipal Center site may be further developed.
Due to the fact that summertime is one of the slower periods for yard waste sites, as
compared to spring yard clean-up and the fall leaf season, it is an appropriate time for
transfer to another site.
In addition to the changes in lease term and termination/extension provisions, the
agreement also contemplates expanding slightly the supplemental storage area to the south
of the existing site. That expansion is identified in the attachment to the agreement. Staff
has identified no reasons to deny this request for additional space although it should be used
on only a temporary and supplemental basis with primary storage occurring in the main
portion of the site. The County does understand that this is a modification which may
receive separate consideration. If the Council feels that this expansion should not be
permitted, it may pull this item and act to approve the lease agreement on all or an existing
portion of this site.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Dakota County
Compost Site lease agreement as presented.
11/26/91 14:59 1T612 438 4479 DAKOTA CO. ATTY 444 APPLE VALLEY 12 002
• LEASE AGREEMENT DRAFT
•This Lease is made. and entered-into by and between the City of
Eagan, Minnesota, hereinafter referred to as °Lessor° and the. County
of Dakota, hereinafter referred to as °Tenant°, by and through their
respective governing boards.
In consideration of the mutual covenants hereinafter set forth,
and intending- to be legally bound, the parties do hereby agree as
follows:
•
1. PREMISES: .
1.1. Demise. . . Lessor does demise, ' lease and rent to Tenant, and
Tenant does hire,- rent and take from Lessor approximately • acres
of the following real property located at 3830 Pilot Knob Road, City
of Eagan in Dakota County, State of Minnesota, legally described as
the W 1/2, NW 1/4, NW 1/4, Section 22, T27N, R23W, as shown in
Attachment A to thia, Lease. •
The described property •is hereinafter referred to as the
'Leased Premises°.
1.2. Condition of Premises. - - ee that the condition of
the Leased Premises is-presentl. ollows:
• Vacant :land co. At . -f approximately 3.2
•- acres. The • - 4- area as . shown in •
Attachment A 71- formally a yardwaste
composting site.' a secondary use area has • • -
vegetation similar - an old field. Access to
the property exists-,from the Eagan. Municipal. •
Building access drive.
1.3. Use of Premises. Tenant shall use and occupy the teased•Premises solely for a yardwaste transfer facility and brush chipping
facility. No other use" is authorized without the prior written
consent of Lessor.
41. Obligation of Tenant to -Conform to. Lawful Uses. The
Tenant shall, at its expense acquire all permits, conform to -
all laws, . orders, ordinances, and regulations of federal,
state, county and municipal authorities' and with any
directives made pursuant to law by any public officer, which
shall, with-respect to the occupancy, use or manner of use of.
the Leased Premises or to any abatement-or nuisance, V iiupose
any .order or duty upon Lessor or Tenant arising from Tenant's •
occupancy, use or manner of use of the Leased Property.
Page 1 of 5 •
11.27/91 16:43 DAKOTA COUNTY-WESTERN SERU. CTR. 002
ii/27/0i 16:14 eei: 408 4478 DAKOTA CO, *'i'i'Y UO3 g
•
B. Permit*. Xt is the responsibility of the Tenant to
deete t ne and obtain all noceeeary approvals, and
licenses from the Minnesota. Pollution Control Agency any
other• regulatory or jurisdictional agency affected , by. or
having juri ediction over the Tenant arising from Teaant'le
occupancy, use or m arer of use of the Leased Pr.minee.
1.4. Odours.. if the Lerssor, in con�mnction with the ' x`innesota
Pollution Control AQency, detesmt,nes that offensive odors from. the
Leased Premises are unacceptable, it will immediately notify the
Tenant orally, to bi followed by a written notice within one
business day. . Upon oral notice, Tenant shatl immediately initiate ,
corrective action by removing the offending material* or taking
other appropriate action,
1.5. Hours of Operation. The •hour, of operation for the most
facility hall run no sooner than 7:00 a.m. and no later than
8:00 p,m.
1.6. Security of Premises. . Tenant Shall, at Us expense, provide
adequate ,security and. lighting for the Leased Premises. ,
1.7. .'Improvements. All improvements to the teased. Premises,
incluzing signage placement and message content, requested or
required by the Tenant shall be completed at the expense of the
Tenant. An improvement plan shall be 'approved by the Lessor prior
to any improvem being made. . .
•
• a•
. a.1. Tat'}, of
r
doase. The term tb iB
Lease anall commence on 1, 1992►
and continue to midnight of December 31„ 1992,
unless earlier terminated law or as '
by provided he<re�.n. By giving
written notice on or before April 1, 1992,. Lessor may terminate this
Lease on June 30, 1992, if the Leased Premises .are required by
Lessor for the purposes of city construction. • •
•
2.2. Failure to Use as Tardwaste Mite. In the event ant ceases •
to use Leas ee •as indicated in paragraph 1.3, this Lease
may be Canceled upon thirty (30) days written notice by Lessor to
Tarrant. prior to termination pursuant to this paragraph, Tenant,
shall remove all yardwests, brush, and wood chips from the Leased
Premise, unlees othe wiea instructed. by the. Lessor.
2.3: Eoldinn Over_ 'Xt Tenant remains in possession of the Leased
Premises after t e expiration of the term hereof and without the
execution of a new written-lease, or a written extension Wit,
Tenant Shall he deemed to be occupying the Leased Premises as a
tenant from month to.month, t rminable , on thirty (30)? days notice
given by either party to the other, at a proportional rental rate
and otherwise subject t o all the conditions and obligations. of this
Lease insofar as.they are applicable.to a month-to-month temamFy..
•
Page 2 of 5
11:26 91 09:03 '$612 438 4479 DAKOTA CO. ATTY - +-+ APPLE VALLEY e004
DRAFT
and otherwise subject to all the conditions and obligations of this
insofar as month-to-month tenancy.
Lease ins they are applicable to a mon
3. RENT/DEPOSITS.
3.1. Base- Rent. The Tenant shall pay as "Base Rents for the Leased
Premises, an amount equal to $1.00 per year and other reasonable
consideration.
4. LOSS OR DAMAGE.
4.1. Tenant's Property. All property and improvements of the
Tenant in or about the Leased Premises shall be kept, stored and/or
maintained at the sole risk of Tenant without any liability of
Lessor for loss or damage thereto.
4.-2. Lessor Acts or Omissions. Tenant shall not be liable for any
acts or omissions of the .Lessor, and shall not be responsible for
any liability arising out of or because of any condition of the land
which existed at the time of or before Tenant's occupancy.
4.3. Blowing Debris. Tenant shall prevent compost debris from
being windblown from the Leased Premises onto surrounding property.
5. INDEMNIFICATION. Tenant shall hold Lessor harmless from and
indemnify Lessor ag�inSt any and all liability, damage, loss and
expense arising or resulting from the acts or omissions or caused by
Tenant or Tenant's employees, servants, agents, or arising out of or
related to the use and occupancy of the demised premises or the
business or activity conducted with respect hereto, including
injuries to person and property. It is understood and agreed that
the limits of such liability shall be limited to the amount of
Tenant's applicable statutory limit on liability.
6. INSURANCE. Tenant is self insured for liability and will
indemnify Lessor as stated' in this Lease.
7. TERMINATION.
7.1. Violations of Lease Provisions. Failure of either party to
abide by the provisions or conditions of this Lease shall constitute
a violation. Any violation shall enable the non-violating party to
terminate the Lease upon at least thirty (30) days written notice to
the violating party.
•
7.2. Condition of Premises. On the last day of the term of this
Lease or on the sooner termination thereof, Tenant shall peaceably
surrender the Leased Premises in as good condition as when received. -
8. ELECTION OF REMEDIES/NON-WAIVER. No remedy provided hereunder
shall be deemed an exclusive remedy and, the election of any such
remedy shall not bar pursuit of any other remedy or any combination
thereof, or subsequent seeking of the same remedy for other damages,
or otherwise, whether available hereunder or existing at law or
Page 3 of 5
11/26/91 09:04 $812 9 18 4479 DAKOTA CO. ATTY -∎44 APPLE VALLEY 0005
equity. No waiver of any breach of any covenant, condition or
agreement herein contained shall operate as a waiver of any
subsequent breach thereof.
9. - QUIET ENJOYMENT. Lessor warrants that it has the right to
lease the Leased Premises and that so long as Tenant shall perform
each and every term, condition and covenant to be performed and
observed by Tenant hereunder, Tenant shall have peaceful and quiet
use and possession of the Leased Premises without hindrance on the
part of the Lessor.
10. NOTIFICATION' Whenever notice is required by the terms
hereof, it shall be in writing and delivered by hand or by certified
or registered mail addressed to the Lessor at 3830 Pilot Knob Road,
Eagan, Minnesota 55122, Attention: Thomas L. Hedges, City
Administrator; and to the Tenant at Dakota County Administration
Center, 1590 Highway 55, Hastings, Minnesota 55033, Attention:
Lyle D. Wray, County Administrator. Copies of all notices to Tenant
must also be sent to the Dakota County Auditor at the Dakota County
Administration Center, 1590 West Highway 55, Hastings, Minnesota
55033 and the Dakota County Attorney at the Dakota County Judicial
Center, 1560 West Highway 55, Hastings, Minnesota 55033. If notice
is given by mail, it is effective two (2) days after mailing.
11. CONDITIONS.
11.1. The Tenant- agrees that operating policies for the yardwaste
facility which is located on the Leased Premises, shall . be
consistent with the operating policies at other Dakota County
yardwaste compost facilities, including, but not limited to, user
fees charged, and the availability of compost and chips.
11.2. Materials accepted will be limited to Yardwaste, Brash,
Christmas trees and the bags in which is it delimgred. Yardwaste is
defined as grass, leaves, garden wastes, -weeks, brush up to six
inches (6°) in diameter:. OWeck
11.3. The City of Eagan pay deliver to the Facility up to 520 cubic
yards of yardwaste and/or brush per year without cost. The City of
Eagan will be charged a fee, consistent with the user fee schedule
approved for Dakota County facilities, for volumes of yardwaste
and/or brush delivered in excess of this amount.
11.4. Wood chips produced at the facility, which are not distributed
to the public, will be available. to the City of Eagan at no
charge. The volume of chips not used by the public, or the City,
shall be available for distribution at the Tenant's discretion.
12. CONTRACT INTERPRETATION.
12.1. Captions; Meanings. The section captions and headings herein
are for convenience and reference only and do not limit -or construe
the provisions hereof. When the context so requires, the neuter
gender includes the masculine and/or ff,'inine; and the singular
includes the plural.
Page 4 of 5
11 '26.91 09:05 '$612 438 4479 DA.EOT. CO. ATTF -.-+-. APPLE VALLEY 2006
12.2. Types of Materials Received. Material accepted will be
limited to debagged or loose acceptable yardwaste. Acceptable
yardwaste is defined as grass, leaves, garden wastes, weeds and
brush up to six inches (6°) in diameter. Users of the facility will
be limited to individual residents, landscape and lawn service
companies, and businesses delivering yardwaste from their own
premises.
12.3. Entire Agreement. This Lease represents the entire agreement
between the parties hereto, and there are no agreements,
understandings or undertakings except as set forth herein. All
prior negotiations and writings between the parties and their
representatives are superseded hereby. This Lease may not be
amended modified or supplemented except by a writing, duly and
properly executed, and to term, condition or covenant hereof may be
waived other than by such a writing.
12.4. Applicable Law; Severability. The validity, performance,
interpretation and enforcement of this Lease, or portion thereof, or
the application thereof to any person or circumstance shall, to any
extent, be held by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Lease aha11 not be affected
thereby and each provision of this Lease shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have 'executed this Agreement
on the dates indicated below.
Approved as to form: COUNTY OF DAKOTA
•
Assistant Couunrt ; torney/Date By
Approved Michael E. Turner, Chairman
pp execution: Board of Commissioners
Date of Signature
Assistant County Attorney/Date
Attest .�,�
Approved by Dakota County Board Norma Mauditor
Resolution No. Date of Signature
•
•
Approved as to form: CITY OF EAGAN
BY _
Title
City Attorney/Date.. Date of Signature
This Instram s Drafted by:
Dakota County Attorney's Office T tle f� •
Dakota County Ciudicial Center. Date of Signature
1560 West Highway 55
Hastings, Minnesota 55033
Telephone: (612) 438-4438
• Page 5 of 5
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Agenda Information Memo
December 3, 1991 City Council Meeting
H N
1992 PROPERTY TAX LEVY & GENERAL FUND BUDGET
A. 1992 Property Tax Levy& General Fund and Public Enterprise Fund Budgets—The City
of Eagan, historically, has held public hearings to allow public input into the budget process
for both the general fund and the public enterprise fund. Beginning in 1991, the Minnesota
State Legislature mandated a notice be sent by the County to each tax parcel, entitled
"Truth in Taxation Notice,"notifying that property owner of certain information about their
market value and proposed property tax increase or decrease. The public hearing
notification includes consideration of a property tax levy and adoption of the general fund
budget.
The public hearing has been noticed with the direct mailing from the County and also
notices were placed in the Dakota County Tribune,ThisWeek and Sun Current newspapers.
A legal requirement is publication in a newspaper of general circulation within the taxing
authority. As stated, except for the more extensive notice included in the mailing on a
parcel specific basis, this is essentially the same process the City has followed in previous
years.
The City Council can take action to adopt the property tax levy and set the general fund
budget at the December 3 City Council meeting. Any continuance to the December 17
meeting is a continuance for both the public hearing and proposed budget.
The difficulty in explaining the 1992 budget process is why our taxpayers, having received
their truth-in-taxation statements, have received notice of a proposed increase in the City's
property tax despite no change in market value. The reason for the change is a result of
1991 legislation to reduce aids, lower taxes on high value residential property and to provide
a reduction in the commercial/industrial property. The increase in the fiscal disparities
contribution has caused a significant reduction in tax capacity from which local taxes are
raised in spite of the continued growth. Staff prepared a letter and handout to respond to
the several calls and letters from concerned property owners who thought the City was
increasing its budget for 1992 more th , 20 or, in some cases, even 30 percent. A copy
of this distribution is enclosed on pages througl and additional copies will be made
available for the public at the meeting on uesday.
Also enclosed on pages.23 through.)14 is a ;copy of the Summary of Revenues and
Expenditures for the General Fund. On page)is a copy of the resolution certifying the
1992 property tax levy.
Also proposed for final approval is the 1992 public enterprise fund budget which consists
of the water, sanitary sewer, streetlighting and storm drainage divisions. A copy of the
summary pages fo r venue an expenses for the 1992 public enterprise fund budget is
enclosed on pages .through 4j. for your review.
Agenda Information Memo
December 3, 1991 City Council Meeting
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1992 property tax levy
and the 1992 general fund budget or continue consideration to the December 17, 1991
meeting; and to approve or deny the 1992 public enterprise fund budget as presented.
November 22, 1991
1-
2-
Dear 3-:
The City of Eagan has received your concerns regarding the figures as stated on
your Truth in Taxation Notice relative to the City of Eagan's proposed 1992
general fund budget. The Truth in Taxation Notices are standard forms which were
designed by the State of Minnesota and completed by Dakota County. The notices
contain a limited amount of information. Unfortunately, property owners may look
at that limited amount of information and come to some mistaken conclusions.
We have received several calls and letters from concerned property owners who
believe that the City is increasing its budget for 1992 more than 10%, 20%, or,
in some cases, even 30%. Let me assure you, the City is not proposing to
increase property tax revenue for 1992 for general fund operations. A 2.2%
increase is necessary for payment and further retirement of capital debt.
There are, however, a number of factors beyond the City of Eagan's control which
can and have affected the tax rates as quoted on the Truth in Taxation forms.
Because of the apparent confusion regarding the figures on the Truth in Taxation
forms, we have prepared the enclosed additional information summary which we hope
will alleviate some of the concerns of tax payers regarding City spending.
Please read it carefully. If you have further questions after reading the form,
please call the City at 681-4600 and we will attempt to answer them.
If you have questions or concerns regarding Dakota County's budget or the
assessed valuation of your property, please call Dakota County. If you have
questions or concerns regarding your school district budget, please call your
school district office. The City does not have any input or control over these
matters.
I hope that this information has helped to clear up any misunderstandings
regarding the City of Eagan's proposed budget. As you can see, it is not the
budget or spending of the City of Eagan which has caused the figures which
concern you but other factors beyond the City's jurisdiction.
Sincerely,
Thomas L. Hedges
City Administrator
TLH/j eh
WHY IS THE CITY PORTION OF MY PROPERTY TAX
BILL CHANGING?
You recently received your Truth in Taxation Notice from the Dakota County
Treasurer's Office. Because the State-designed notices do not explain the reasons
behind increases or decreases in your property taxes, this information is presented to
answer some of the most frequently asked questions concerning 1992 property tax
bills.
1. How much will the City of Eagan budget change in 1992?
The City's proposed General Fund Budget would increase by 3.9% from
$11,109,160 to $11,543,630. This compares to a 4% growth in population over the
past year, meaning that per capita spending has actually decreased since 1991.
About 75% of the budget is supported by local property taxes. The rest is supported
by license, permit and user fees, service charges, fines and forfeits and other
program revenues.
2. How will the City property tax levy change for 1992?
Eagan's proposed levy would only increase 2.2% from $10,174,869 in 1991 to
$10,401,369 in 1992. However, because there has been a decrease in the amount of
o
state funds received by the City, the portion of the levy composed of local property
tax contributions has increased slightly. Therefore, the portion of projected revenues
from property taxes will increase 3.7% from $7,930,010 to $8,222,551. Both of these
are below the rate of inflation.
3. If the levy increase is so small, why did my individual taxes change
more than that?
Some people's taxes did increase significantly; some did not. There are three
factors which have caused your taxes to change. These factors are outside the City
of Eagan's authority or control:
a. State Fiscal Disparities System -- State law requires that a portion of new
commercial/industrial tax revenue from cities in the metropolitan area be shared
with other cities with few business properties. Therefore, a part of the property
taxes paid by Eagan business and industry is taken from the City of Eagan and
proportionately divided among other cities. Because of the way the fiscal dis-
parities formula is computed, the amount contributed by Eagan to other cities
in 1992 will be substantially larger than in 1991. This means the remaining
property value in Eagan, including residential value, must support proportionate-
ly more of the City's budget next year.
b. Change in property tax rates on commercial and residential property --
In 1991, the State Legislature lowered property tax rates on commercial proper-
ty in order to attract to and/or keep businesses in the state. It also decreased
the tax rates on residential property valued over $115,000. Again, because the
tax rates paid by commercial and higher value residential property owners will
decrease. The City will experience a decrease in revenues. Again, the remain-
ing property value, including median-priced residential value, must support
proportionately more of the City's budget next year.
ge) \
c. Change In assessed value — State law now requires the County Assessor
to assure that all property is assessed for tax purposes at 100% of its market
value. Obviously, if the assessed value of your home has increased, the
amount of taxes will also increase.
The combination of the above factors may result in an individual property's
taxes increasing, decreasing or staying the same. The difficulty is that no single fac-
tor affects all properties in the same way.
4. Why can't the City cut its budget to keep It constant like residents
or businesses?
Like residents and businesses, cities are faced with cost of living increases. In
addition, the state and federal governments also mandate additional services, such as
the new presidential primary, without providing funds to pay for them. This makes it
difficult to maintain the services the public expects at a constant dollar amount. Main-
taining a constant level of service is further complicated by the fact that Eagan grew
by almost 2000 people in 1991, an increase of 4%. While these additional
homeowners pay taxes to help support their services, their presence means that the
budget cannot remain constant without decreasing service levels for everyone.
The City actively uses a number of methods to cut and manage costs. Eagan
works jointly with surrounding cities, Dakota County and other agencies to reduce
duplications in equipment and services. The City also carefully reviews service and
staffing levels each year to insure that appropriate, and not excessive, levels of ser-
vice are provided. The 1992 budget attempts only to maintain a basic level of service.
The only proposed staff additions are in the Police Department because of the priority
the City Council and residents place upon public safety.
CONCLUSION
In summary, in spite of the slight proposed increase, the City levy is not keep-
ing pace with population growth or inflation. Also, Eagan's municipal tax rates remain
the lowest in Dakota County and among the lowest in the metropolitan area.
The majority of the changes on Truth in Taxation Notices are the result of fac-
tors beyond the City of Eagan's control. Property tax rates are set by the State Legis-
lature, as are assessment valuation requirements and the fiscal disparities program.
The City of Eagan has and will continue to manage spending to control the part of the
tax system it can. Together with our residents, we will share with our legislators the
concerns these state policies raise for our City.
This information is prepared and supplied by the City of Eagan. For additional in-
formation concerning the City portion of your Truth in Taxation Notice, please call
6814600.
92REVSUM GENERAL FUND
COMPARATIVE SUMMARY OF REVENUES
Original Adjusted
Actual Actual Budget Budget Estimate
Description 1989 1990 1991 1991 1992
General Property Taxes $ 5,325,337 $ 6,358,039 $ 7,036,660 $ 7,036,660 $ 7,403,980
Licenses 69,564 77,255 75,020 75,020 84,550
Permits 1,127,208 837,512 753,120 753,120 599,000
Intergovermental Revenue 2,221,935 1,363,968 1,303,950 1,010,760 1,290,840
Charges for Services 628,179 628,245 603,400 703,400 622,820
Recreation Charges 147,707 179,329 149,550 176,950 213,070
Fines & Forfeits 203,147 223,424 240,000 240,000 216,000
Other Revenue 238,960 216,674 154,100 161,610 248,120
Program Revenues 780,180 733,979 735,910 735,910 772,050
Transfers 51,679 66,939 57,450 99,310 76,660
TOTAL GENERAL FUND $10,793,896 $10,685,364 $11,109,160 $10,992,740 $11,527,090
f )
92BUDFXP GENERAL FUND
COMPARATIVE SUMMARY OF EXPENDITURES
Actual Actual Budget Dept Request Admn Recom Revised
1989 1990 1991 1992 1992 10-22-91
GENERAL GOVERNMENT
01 Mayor & Council S 51,482 $ 63,157 $ 75,180 S 77,170 S 76,990 S 84,260
02 Administration 401,864 411,388 460,580 483,840 450,050 449,100
03 Data Processing 325,182 263,708 282,570 383,180 359,710 358,650
05 Finance/City Clerk 642,279 623,430 710,850 768,160 768,160 763,490
06 Legal 404,369 365,138 370,000 370,000 370,000 370,000
07 Community Development 1,484,178 1,103,562 1,309,230 1,346,690 1,294,980 1,262,330
10 Cable TV 48,741 46,572 54,360 62,500 62,500 61,980
S 3,358,095 S 2,876,955 S 3,262,770 S 3,491,540 S 3,382,390 $ 3,349,810
PUBLIC SAFETY
11 Police S 3,048,351 5 2,973,835 S 3,507,160 S 4,014,870 S 3,913,860 S 3,829,990
12 Fire 713,608 630,193 736,385 721,390 704,870 667,000
S 3,761,959 S 3,604,028 S 4,243,545 S 4,736,260 S 4,618,730 S 4,496,990
PUBLIC WORKS
21 Public Works Engineering S 701,583 S 655,333 S 700,690 S 744,400 $ 737,620 ' S 729,400
22 Streets & Highways 956,619 775,002 863,590 924,850 819,350 819,120
24 Central Services Maintenance 324,965 285,599 330,450 346,150 343,750 345,340
S 1,983,167 S 1,715,934 S 1,894,730 $ 2,015,400 S 1,900,720 S 1,893,860
PARKS & RECREATION
31 Parks & Recreation S 1,409,005 S 1,336,151 S 1,571,780 $ 1,667,310 S 1,646,940 S 1,626,090
32 Forestry 88,359 96,951 104,280 118,460 115,860 110,340
S 1,497,364 S 1,433,102 S 1,676,060 S 1,785,770 S 1,762,800 S 1,736,430
OTHER .
41 Contingency - - S 32,055 $ . 0 S 0 S 50,000
S - S - S 32,055 S 0 S 0 S 50,000
TOTAL GENERAL FUND EXPENDITURES 510,600,585 S 9,630,019 $11,109,160 $12,028,970 $11,664,640 $11,527,090
== _
(5T1 4'
RESOLUTION
CITY OP EAGAN
LEVY OP 1992 REAL ESTATE TAXES
WHEREAS, a regular meeting of the City Council of the
City of Eagan, Dakota County, Minnesota, was held on December 3,
1991 at 6:30 P Eagan at the Ea an Municipal Center, all members being
present except , and
WHEREAS, upon motion by Councilmember
and seconded by Councilmember
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Eagan, Dakota County, Minnesota, hereby is on record
approving and certifying the levy of 1992 Real Estate Taxes for
Eagan, Minnesota, which taxes are payable in 1990 as follows:
General Levy (Levy Limit) :
General Fund $8,482,760
Road & Bridge Fund 382, 109
TOTAL GENERAL LEVY $8,864,869
Special Levies:
Debt Service $1,536,500
TOTAL SPECIAL LEVIES $1,536,500
GRAND TOTAL LEVY $10.401.369,
Dated: December 3, 1991
CITY COUNCIL
CITY OF EAGAN
BY:
ATTEST:
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing resolution
was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 3rd day of December, 1991.
E. J. VanOverbeke, City Clerk
City of Eagan
)
92NI20 CITY OF EAGAN
1992 BUDGET WORKSHEET
PUBLIC UTILITY FUND
NET INCOME
STREET STORM FUND
WATER SEWER LIGHT DRAINAGE TOTAL
REVENUE .
OPERATING REVENUE
Service Charges 2,300,000 2,900,000 210,850 440,000 5,850,850
Connection Permits 9,100 9,100 - - 18,200
Penalties 25,300 31,900 2,100 4,400 63,700
Sale of Meters 129,000 - - - 129,000
Other 25,000 400 - - 25,400
Total Oper. Rev. 2,488,400 2,941,400 212,950 444,400 6,087,150
NON-OPERATING REVENUE
Investment Interest 705,900 250,900 - 18,200 975,000
Spec. Asmt. Interest 50,000 - - - 50,000
MWCC Interest - 18,000 - - 18,000
Conn Chg - Sup. & Stor. 429,000 - - - 429,000
Conn Chg - W.T.P. 179,400 - - - 179,400
Water Qual Cash Ded. - - - 20,000 20,000
Total Non-Oper. Rev. 1,364,300 268,900 0 38,200 1,671,400
GRAND TOTAL REVENUE 3,852,700 3,210,300 212,950 482,600 7,758,550
DEDICATED REVENUE - NOT
AVAILABLE FOR OPERATIONS
Water Supply & Storage
Service Charges 42,470 - - 42,470
Connection Charges 429,000 - - - 429,000
Water Treatment Plant
Service Charges - DS 686,000 - - - 686,000
Connection Charges 179,400 - - - 179,400
Water System
Service Charges - R&R 151,820 - - - 151,820
Sewer System
Service Charges - R&R - 110,760 - - 110,760
Storm Drainage
Service Charges - R&R - - - 110,000 110,000
Service Charges - E&M - - - 176,000 176,000
Water Qual Cash Ded - - - 20,000 20,000
Interest Earnings
W.T.P. - DS 325,000 - - - 325,000
W.T.P - Const - - - - 0
Renewal & Replacement 110,500 136,500 - 11,700 258,700
Water Qual. E&M - - - 6,500 6,500
Water Supply & Stor. 156,000 - - - 156,000
Capital Outlay
Service Charges 22,880 26,880 - 49,760
Total Dedicated Rev. 2,103,070 274,140 0 324,200 2,701,410
REVENUE AVAILABLE FOR
OPERATIONS 1,749,630 2,936,160 212,950 158,400 5,057,140
.?-(Act
92NI20 CITY OF EAGAN
1992 BUDGET WORKSHEET
PUBLIC UTILITY FUND
NET INCOME
STREET STORM FUND .
WATER SEWER LIGHT DRAINAGE TOTAL
EXPENSES
OPERATING EXPENSES
Personal Services 339,700 292,610 - 77,160 709,470
Parts & Supplies 193,110 28,830 - 72,510 294,450
Services & Other Chgs 827,500 222,040 208,110 192,230 1,449,880
MWCC Service Chgs - 2,31 3,780 - 2,313,780
Purchase of Meters 120,000 - - - 120,000
Total Oper. Exp. 1,480,310 2,857,260 208,110 341,900 4,887,580
Depreciation Expense 750,000 450,000 - 27,000 1,227,000
Total Oper. Exp.
Incl. Deprec. 2,230,310 3,307,260 208,110 368,900 6,114,580
NON-OPERATING EXPENSES
Debt Service
Principal 250,000 - - - 250,000
Interest 1,054,990 - - - 1,054,990
Capital Outlay 23,250 53,300 - 2,800 79,350
R&R Budgeted 30,000 - - - 30,000
Inter-Fund Transfer - - - - 0
Total Non-Oper. Exp. 1,358,240 53,300 0 2,800 1,414,340
TOTAL EXPEN. EXCL. DEPREC. 2,838,550 2,910,560 208,110 344,700 6,301,920
TOTAL EXPEN. INCL. DEPREC. 3,588,550 3,360,560 208,110 371,700 7,528,920
Storm Drainage E & M : Expansion & Modification
Also referred to as Capital Improvements & Refinements
::;L.. /.A
Agenda Information Memo
December 3, 1991 City Council Meeting
is .:$3r},:y;yi.iYh
RESOLUTION/ADAMS OUTDOOR ADVE$TISING/PARCEL 020-76
A. Resolution, Findings of Fact, Adams Outdoor Advertising, Denial of an Outdoor Sign
on Parcel 020-76--At its regular meeting of November 7, 1991, the Eagan City Council
considered an application for an outdoor advertising sign on the above-referenced parcel.
Based upon the information presented at the meeting and all the records, files and
documents relevant to the matter herein, the Council approved the application of Adams
Outdoor Advertising for a conditional use permit for an outdoor advertising sign and a
variance to allow more than 250 square feet of signage area to be located on Parcel 10-
00300-020-76 along the east side of I-35E, west of 1,1qington Avenue on the southeast
quarter of Section 3. Enclosed on pagespthrough ', is a copy of the Findings of Fact
and Resolution regarding this decision. It would be appropriate at this time for the Council
to officially approve the Findings of Fact and Resolution.
In reviewing the facts relative to this application, it was found that one of the
representations of the applicant was not accurate. In particular,the applicant indicated that
the two parcels of property on which the sign would be erected are combined. That is
currently not the case and as part of the Findings and Resolution, the City Attorney's office
has inserted a requirement that proof of the combination be provided as a condition of
approval. While this condition is consistent with the expectations of the Council in taking
their action, it may be appropriate to discuss it in the context of the approval of this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Findings of Fact
and the Resolution approving the application of Adams Outdoor Advertising for a
conditional use permit for an outdoor advertising sign and a variance to allow more than
250 square feet of signage area to be located on Parcel 10-00300-020-76 along the east side
of I-35E, west of Lexington Avenue on the southeast quarter of Section 3.
THE CITY OF EAGAN
RESOLUTION APPROVING ADAMS OUTDOOR ADVERTISING'S APPLICATION FOR A
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW AN OUTDOOR ADVERTISING
SIGN OF MORE THAN 250 SQUARE FEET LOCATED ON PARCEL 10-00300-020-76
ALONG THE EAST SIDE OF I-35E, WEST OF LEXINGTON AVENUE, IN THE
SOUTHEAST QUARTER OF SECTION 3.
The Advisory Planning Commission of the City of Eagan held a
public hearing on this matter on October 22, 1991. The Advisory
Planning Commission recommended a denial of both the conditional use
permit and the variance. The application was then heard by the Eagan
City Council on November 7, 1991. At the November 7, 1991 meeting,
the Council heard from all interested parties and considered the
matter in conjunction with all of the files, records and prior
proceedings.
Based on the foregoing, BE IT RESOLVED, by the City Council of
the City of Eagan, Dakota County, Minnesota, to approve the
application of Adams Outdoor Advertising for a conditional use permit
and variance to allow an outdoor advertising sign of more than 250
square feet located on Parcel 10-00300-020-76 along the east side of
I-35E, west of Lexington Avenue on the southeast quarter of Section 3
based on the following:
1. The applicant has the burden to establish compliance with
the City Code Provisions.
2. The site is adjacent to an industrial/commercial area and
ultimately proposed as industrial use under the
Comprehensive Guide Plan. The character of the site, the
surrounding properties and the location of the proposed sign
all lend themselves to be an appropriate location for an
outdoor advertising sign.
3. The surrounding properties are essentially
commercial/industrial. The City Council believes that the
sign is a benefit to the area and would be harmonious with
the surrounding area and property values.
4. There is no reduction in property value either to the owner
or occupants of the property or the surrounding area.
5. The proposed sign is a temporary use and the property will
remain for sale. The property is in transition to a
commercial industrial use.
Z0d b:i'L T6, 9e f10h1
6. The parcel on which the sign is proposed has bean combined
with a larger parcel to the north, thus there will be less
affect on the surrounding area.
7. The applicant has advised that it would attempt to secure
Eagan businesses for advertising. Further the applicant has
advised the City Council that to protect the health, safety,
morals and welfare of the residents of the City of Eagan,
the applicant shall not permit any alcohol or tobacco
advertising on the outdoor advertising sign.
8. That the Advisory Planning Commission and City staff have
proposed a reasonable and related conditions to the
conditional use permit.
Based on the foregoing, the City Council finds compliance with
the provisions of Eagan City Code Section 11.40 with respect to
conditional use permit and further finds that the character of the
area with the adjacent industrial uses and need for visibility
provides a basis for the hardship necessary to establish an industry
standard outdoor advertising sign of 378 square feet. Further, the
City Council finds that this conditional use permit shall be issued
and the variance granted, both of which shall be subject to the
following conditions:
1. The conditional use permit and Council Resolution shall be
recorded with the Dakota County Recorder within sixty days
of its issuance. The applicant shall provide evidence of
recording to the City Clerk.
2. Delivery to the Community Development Department, proof from
Dakota County of the lot combination of tax parcel
10-00300-011-76 with tax parcel 10-00300-020-76.
3. in the event that 10-00300-020-76 or the parcel with which
it has been combined is sold or developed, the sign shall be
removed within sixty days.
4. A sign permit shall be obtained and a fee of $2.50 per
square foot shall be paid.
S. Based on the representation of the applicant, no alcohol or
tobacco advertising shall appear on the sign. .
(2)
£0d LSZ TV:TT T6, 9Z noN
6. The sign design and location shall be as shown on the
attachment to this permit which has been approved by the
City.
Dated; November 19, 1991. CITY OF EAGAN
City Council
Thomas A. Egan, Mayor
ATTEST:
E. J. VanOverbeke, Clerk
rod LSZ ibcii T66 9e AON
Agenda Information Memo
December 3, 1991, City Council Meeting
RECEIVE BIDS/AWARD CONTRACT
(MANOR JAKEMIADifinfan
B. Receive Bids/Award Contract(Manor Lake 4th Addition)--On November 15,the bids
enclosed on page were received by the City of Eagan for the above-referenced
contract. They werr presented for consideration of contract award at the November 19
Council meeting. However, due to the fact that the final plat for the Manor Lake 4th
Addition was not in order for formal Council approval, the City could not proceed with
formal contract award. Subsequently, consideration of this item was continued until
December 3 to allow the developer additional time to complete the final plat requirements.
If the final plat is approved earlier on the agenda, it would be appropriate for the Council
to receive the bids and award the contract to Excel Utilities, Inc. However, if the final plat
is not in order for formal Council action, it would be appropriate to reject the bids and
cancel the contract as any further continuances would not be appropriate due to the end of
the construction season.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 91-12
(Manor Lake 4th Addition - Streets & Utilities) and award/cancel the contract.
y
ow
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Agenda Information Memo
December 3, 1991, City Council Meeting
FORECLOSE FINANCIAL SECURITY/AUTHORIZE AD FOR BIDS
(WILDERNESS PONDS)
C. Project 86-RR,Foreclose Financial Security/Authorize Ad For Bids (Wilderness Ponds
Streets & Utilities)--At the November 19 Council meeting, this item was presented for,
Council reaffirmation of the previous Declaration of Default for the unresolved items
associated with the Wilderness Ponds privately installed streets and utilities. At that time,
the City Attorney recommended that this item be continued until December 3 to allow their
office to prepare a formal Revel. i of Findings of Fact to be formally considered by the
Council. Enclosed on page j��_` a copy of said Resolution for Council's consideration.
v mber 19 Council meeting, the developer had expressed several concerns
At the Noe g, p xp
regarding his inability to resolve the issues with City staff. A meeting has been scheduled
for 3:00 p.m., November 27, 1991, to further discuss those concerns in hopes of achieving
an acceptable resolution to the outstanding problems and concerns. The status of that
meeting will be included with the Administrative Packet/Additional Informational Memo
to be distributed on December 2.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution authorizing
the foreclosure of the financial security and advertisement for bids for Project 86-RR
(Wilderness Ponds - Streets & Utilities).
3 /
BEFORE THE CITY COUNCIL
OF THE
CITY OF EAGAN
IN THE MATTER OF
WILDERNESS PONDS
RESOLUTION
WHEREAS, by DEVELOPMENT CONTRACT dated November 6, 1986 the City of
Eagan (nereinafter referred to as "CITY") and Wilderness Ponds, Inc.
(hereinafter referred to as "DEVELOPER") agreed that DEVELOPER would develop
a residential subdivision known as WILDNERNESS PONDS within the City of
Eagan, subject to the terms and conditions of, among others, the DEVELOPMENT
CONTRACT, CITY ordinances and other agreements between the CITY and
DEVELOPER; and
WHEREAS, Section 4 of the DEVELOPMENT CONTRACT requires that DEVELOPER
shall install at its cost and expense, among others, storm sewer laterals
adequate to serve the subdivision and an adequate and proper
grading/drainage/erosion control system; and
WHEREAS, Section 10 of the DEVELOPMENT CONTRACT requires that DEVELOPER
reimburse the CITY for all of its reasonable engineering, administrative and
legal expenses incurred by the CITY in any matter under the DEVELOPMENT
CONTRACT; and
WHEREAS, Section 11 of the DEVELOPMENT CONTRACT requires that the
DEVELOPER post a bond or letter of credit with the CITY to secure
DEVELOPER's full performance of the DEVELOPMENT CONTRACT; and
3 �
WHEREAS, Section 8 of the DEVELOPMENT CONTRACT provides, among others,
that should the DEVELOPER fail to perform any of the work or any of its
other obligations under the DEVELOPMENT AGREEMENT, then the CITY may perform
or correct such obligation or work and if the DEVELOPER fails to reimburse
the CITY for same, then the CITY may proceed to collect on the bond or
letter of credit posted by the DEVELOPER;
NOW, THEREFORE, the City of Eagan does hereby make the following
Findings:
?. The storm sewer lateral system which the DEVELOPER designed and
installed to drain, among others, the area tributary to the
backyards in the vicinity of Lots 34, 35 and 36 and Block 2 of the
WILDERNESS PONDS Addition is defective and does not adequately
drain that area. CITY staff has repeatedly demanded that
DEVELOPER remedy this defect and the DEVELOPER has failed and .
refused to do so.
2. As of February 1, 1990 DEVELOPER had a negative balance in its
escrow account with the CITY in the amount of approximately
$5,800.00. DEVELOPER failed and refused to reimburse the CITY for
this negative balance.
3. As of February 1990 the following areas in WILDERNESS PONDS had
severe erosion/drainage/grading problems and defects which needed
corrective action to prevent further erosion:
The north property line of Lot 5, Block 2
The hill on Lots 8 and 9 of Block 2
All of Lots 4, 11, 27 and 34 of Block 2
4. As the DEVELOPER had then failed to correct any of the above
specified deficiencies, at its March 20, 1990 Meeting the City
Council declared the DEVELOPER in default of the DEVELOPMENT
AGREEMENT.
5. During the spring and summer of 1990 there was numerous
correspondence and meetings between the DEVELOPER and members of
CITY staff in an attempt to allow the DEVELOPER to cure its
defects and defaults. These discussions and meetings culminated
with a meeting on June 6, 1990 at which time the DEVELOPER agreed
to cure all of its defects and defaults in accordance with a time
-2-
schedule which was agreed to by the DEVELOPER and the CITY at the
June 6, 1990 meeting.
6. Since the June 6, 1990 meeting, DEVELOPER has not repaired or
replaced the defective storm sewer lateral system nor has it
reimbursed the CITY for the DEVELOPER's negative escrow balance.
7. While following the June 6, 1990 meeting DEVELOPER made minimal
attempts to correct the erosion problems at Lots 11 and 27 of
Block 2, the DEVELOPER did not cure or correct the erosion
deficiencies on its other noted lots (see Finding 3) and the CITY
had to undertake these corrective actions, resulting in additional
cost to the CITY in the present amount of $6,536.95.
S. As of November 25, 1991 DEVELOPER's escrow balance with the CITY
is in the negative amount of $31,111.01 which includes the
$6,536.95 repair figure specified in Finding 7 plus the CITY's
unreimbursed administrative, engineering and legal fees incurred
on the WILDERNESS PONDS project and as a result of DEVELOPER's
defaults.
9. It has been over 20 months since the City Council initially held
DEVELOPER in default and over 17 months since the June 6, 1990
meeting at which time DEVELOPER agreed to remedy all of its
defaults.
NOW THEREFORE, be it Resolved by the City Council of the City of Eagan
as follows:
I . The CITY hereby reaffirms its March 20, 1990 RESOLUTION holding
the DEVELOPER in default.
II. The CITY again declares the DEVELOPER in default of its
obligations to the CITY under the parties' DEVELOPMENT CONTRACT
for, among others, DEVELOPER's failure to correct the deficient
storm sewer lateral system referenced in the above Findings and
DEVELOPER's failure and refusals to reimburse the CITY for
DEVELOPER'S current negative escrow balance in the amount of
$31,111.01 (as of November 25, 1991):
III. CITY staff is hereby directed to draw on the DEVELOPER'S entire
existing Letter of Credit (Letter #3350I, dated October 10, 1986
and issued by Builders Development & Finance, Inc. ) and to utilize
the funds so drawn to reimburse the CITY for all of its proper
costs and expenses under the DEVELOPMENT CONTRACT and to provide
funds for the correction of the deficient storm sewer laterals.
IV. CITY staff is further hereby authorized and directed to prepare a
5
7_3_
•
proper remedial action plan for the corrections and repair of the
defective storm sewer lateral system at WILDERNESS PONDS and to
advertise for bids for such corrective action.
BE IT SO RESOLVED.
DATED: CITY OF EAGAN
Thomas Egan
Its: Mayor
E. J. Van Overbeke
Its: City Clerk
58 -4-
Agenda Information Memo
December 3, 1991 City Council Meeting
NEW BUSINESS
VARIANCE/SIDEYARD SETBACK/EAGAN ROYALE
A. Variance, R.A. Kot Homes, Inc., a 16'Variance to the Setback Requirement of 50' from
I-35E in the Southeast Quarter of Section 31 (Lot 18, Block 2, Eagan Royale)--An .
application has been received of R.A. Kot Homes, Inc. for a 16 foot variance from the 50
foot sideyard setback from the Interstate Highway right-of-way. For additional information
with respect to this application, please,rffek to the Co unity Development Department
staff report which is enclosed on pages rough Lfor your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 16 foot variance
to the 50 foot setback for a State highway right-of-way for R.A. Kot Homes for the property
located at 2109 Royale Court as presented.
3 `1
SUBJECT: VARIANCE
APPLICANT: R.A. KOT HOMES INC
LOCATION: 2109 ROYALE COURT
(L18, B2, EAGAN ROYALE)
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING: DECEMBER 3, 1991 •
DATE OF REPORT: NOVEMBER 25, 1991
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a 16' Variance
from the 50' side yard setback required adjacent to any interstate or state highway right-of-
way.
COMMENTS: The entire eastern property line abuts I-35E R.O.W. The Variance request
is to position a home R.A. Kot Homes Inc. believes will he suitable for the lot. According
to the applicant, if a Variance is not granted then a home will have to be positioned in the
deep right corner of the lot with an extremely long driveway and not have any curb appeal
for the neighborhood.
If approved, this Variance shall be subject to the following conditions:
1. No other Variances shall he granted for this lot.
2. All other applicable City Ordinances are adhered to.
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Agenda Information Memo
December 3, 1991 City Council Meeting
VARIANCE/SHORELAND SETBACK/OAKS OF BRIDGEWATER 2ND.
B. Variance, Sienna Corporation, a 15' Variance to the 50' Setback from General
Development Lakes in the Shoreland Zoning Ordinance, Located at Lot 1, Block 3, Oaks
of Bridgewater 2nd Addition—An application has been received of Sienna Corporation for
a 15 foot variance to the 50 foot setback from general development lakes for the above-
referenced property. For additional information with respect to this item, please refer
the Co 'ty Development Department staff report which is enclosed on pages
through for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 15 foot variance
to the required 50 foot shoreland zoning ordinance setback from general development lakes
for Sienna Corporation for Lot 1, Block 3 of Oaks of Bridgewater 2nd Addition as
presented.
SUBJECT: VARIANCE
APPLICANT: SIENNA CORPORATION
LOCATION: LOT 1, BLOCK 3
THE OAKS OF BRIDGEWATER 2ND
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING: DECEMBER 3, 1991
DATE OF REPORT: NOVEMBER 25, 1991
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Sienna Corporation
requesting a Variance of 15' to the required 50' Shoreland Zoning Ordinance setback from
General Development lakes.
COMMENTS: Pond JP-19 is protected under the Shoreland Zoning Code which prohibits
building to occur closer than 50' to the Ordinary High Water Mark. During the platting of
these lots last year, it was not made clear to the developer that Bald Lake to the south, as
well as JP-19, had 50' setbacks. The applicant now has a buyer for this lot and has designed
a home for it. The 50' setback requirement eliminates approximately one-third of the
approved building pad which cannot be shifted further to the south to accommodate the
required setback because of the severe topography to the south and west. To the east is a
large mature oak tree which would interfere. It is the applicant's feeling that the
circumstances and physical characteristics of this lot create a unique and difficult situation
not found on other lots in the City. These circumstances make it very difficult to use this
lot in a manner that is compatible with other homes in the subdivision. The reduction of
the pad size will affect the size and value of home to be constructed.
Sienna Corporation also believes that in approving this Variance, there will be no adverse
effects to the surrounding properties and will not be obtrusive from the perspective of the
pond's aesthetics. All other setbacks, as proposed, are met.
If approved, this Variance shall be subject to all City Code requirements.
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Agenda Information Memo
December 3, 1991 City Council Meeting
PRELIMINARY PLAT/EASY EATERY ADDITION/CROWN COCO, INC,
C. Preliminary Plat, Easy Eatery/Crown Coco, Inc., Consisting of One,Approximately 4.2
Acre GB (General Business) Zoned Lot Located in the Northwest Section of Dinky Road
and Nicols Road in the Southwest Quarter of Section 19—At its regular meeting of
November 26, 1991, the Advisory Planning Commission met to consider a preliminary plat
application for Crown Coco, Inc. for a new gas station and restaurant building at and
contiguous to the site of the applicant's existing gas station located on the northwest corner
of Diffley and Nicols Road. For additional information with respect to this item, please
ftto the Co unity Development.Department staff report which is enclosed on pages
hrough laMoor your review.
Please note in the report under the description of Site Plan that Dakota County's condition
expanding the half right-of-way for Diffley Road changes certain setback relationships within
the applicant's site plan. As a consequence, the application as presented includes a variance
of 12 feet to the 20 foot drive aisle setback in the context of the ultimate development of
Diffley Road. Absent other direction, Council's action on this preliminary plat application
would incorporate this variance. In addition,please note the section of the report regarding
Signage and Landscaping. It identifies three variances necessary for the second pylon sign
being requested by the applicant. Absent other direction, Council's action on this
application would incorporate these variances. Even if the variances are approved, the
applicant would have to return with a separate Conditional Use Permit application to
receive approval for this additional pylon sign.
The Advisory Planning Commission is recommending approval of this proposal. A copy of
the APC �' tes relativ to this item is enclosed on page through ',Also enclosed
on pages� 1 through is a supplemental memo from the Community Develo ment
Department with respect to this item. Finally, enclosed on pages 7 ( through 7.3 is
correspondence from the applicant relative to certain of the conditions of approval in this
matter.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat
application for Easy Eatery Addition/Crown Coco, Inc., consisting of one lot of
approximately 4.2 acres GB(General Business)zoned property at the northwest intersection
of Diffley Road and Nicols Road as presented.
4L.
SUBJECT: PRELIMINARY PLAT
(EASY EATERY ADDITION)
APPLICANT: CROWN COCO, INC.
LOCATION: NW CORNER OF DIFFLEY & NICOLS ROADS
(10-00900-011-53)
EXISTING ZONING: GB (GENERAL BUSINESS)
DATE OF PUBLIC BEARING: NOVEMBER 26, 1991
DATE OF REPORT: NOVEMBER 19, 1991
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Preliminary
Plat for one lot on 4.2 acres of previously-zoned General Business land located in the
northwest quadrant of Diffley and Nicols Roads. The Comprehensive Guide Plan designates
this area General Business. Separate applications have also been submitted requesting
Variances to the setback requirements and the City Sign Code.
BACKGROUND: On May 28, 1991 the Advisory Commission approved a
Preliminary Plat request submitted by Crown Co-Co Inc. consisting of one lot on .74 acres
and included an expansion of the existing building. Prior to City Council action, the
applicant requested to be continued indefinitely to allow negotiations for acquisition of the
3.45 acres of vacant General Business zoned land to the north. The applicant and the
property owner to the north have reached an agreement contingent on the applicant
receiving approval of this current Preliminary Plat application. The revised plan calls for the
removal of all existing structures currently on site.
EXISTING CONDITIONS: The building area of the site is restricted due to setbacks
resulting from bting bounded by right-of-way on three sides. The majority of the property
to the north to be'acquired is made up of scrub grass, with no significant tree growth. The
entire site is bounded by vacant General Business property to the north; Cedar school and
single family homes across Nicols to the east; an Amoco station across Diffley to the south;
and the Cedar Avenue right-of-way on the west.
SITE PLAN: The proposed site plan calls for a 6,600 sq. ft. smooth stucco exterior building
of which 4,200 sq. ft. is the actual store. The remaining 2,400 sq. ft. includes cold storage,
a trash and recycling area, and a'car wash. The applicant is anticipating the car wash to be
equipped with A blower/dryer. The car wash exits due east and across the drive aisle to the
parking'area. Due to the possibility of ice forming in this area, staff believes the drying
function should be included with all car washes. The site plan also calls for a 5,200 sq. ft.
canopy over three pump islands that will accommodate 12 gas pumps. The 6,600 sq. ft.
‘° °1
building results in a site building coverage of 3.6%. Adding the proposed canopy results in
a total site coverage of 6.4% which is under the Ordinance-allowed maximum of 35%.
Based on a total building size of 6,600 sq. ft. and an additional four spaces required because
of the motor fuel station use, the City Code requires 48 parking stalls on site. The plan
submitted shows 49 stalls.
The Dakota County Plat Commission has reviewed the proposal and notified the City, as
well as the applicant, that the County will require the applicant to dedicate an additional 15'
of right-of-way on the south in order to provide the County a 75'half right-of-way for Diffley
Road. Prior to the County's request, all parking, drive aisle, and signage met City Code
setback requirements. Due to the configuration of the site, the fact that it is bounded by
right-of-way on three of four sides, and the County's request for additional right-of-way, the
applicant believes they are being asked to bear significant hardship. The applicant is seeking
a Variance of 12' to the 20' drive aisle setback.
PARKS & RECREATION: The Parks & Recreation Department will be recommending to
the Advisory Parks, Recreation, and Natural Resources Commission a cash parks dedication
based on the rate of $.055 per sq. ft. and a cash trail dedication based on the rate of
$854/acre. The rates listed above are for 1991 and are subject to change in 1992.
SIGNAGE'I;ANDSCAPING: The City Code allows a business located directly adjacent to
a freeway to acquire a permit for a pylon sign for freeway identification and may also erect
a free-standing ground sign to be located on the side of the property opposite the freeway.
Meeting the required setbacks and accommodating the County's additional right-of-way
request would result in the applicant shifting the entire site approximately 12' to the north,
away from the train visual frontage along Diffley Road. Because Diff ley Road is more
heavily traveled than Nicols Road, the applicant is concerned that shifting the site further
north Will result in a negative impact on visibility to this location.
On January 3, 1991 the applicant received Conditional Use Permit approval for a 50' tall
freeway identification pylon sign to be located at the southwest corner of the site. In lieu
of the allowed free-standing ground sign, the applicant is seeking three Variances from the
Sign Code. These include: 1) allowing an additional pylon sign to be located on Nicols
Road side of the property opposite the freeway, 2) a Variance of 130' from the required
300' spacing between pylon signs and, 3) a 10' Variance from the required 10' sign setback
along the south property line.
The proposed pylon has a height of 20' and a sign area of 104 sq.ft. The Sign Code allows
a maximum height of 27' and is face maximum of 125'.
The applicant his submitted a revised landscape plan that includes deciduous and evergreen
trees and shrubs that will maintain year-round color while screening much of the parking and
drive able area. The final landscape plan must be submitted on a final grading plan. All
landscaped and sodded areas shall be irrigated.
“ q
GRADING/DRAINAGE & EROSION CONTROL: This development involves the
reconstruction of an existing commercial site plus the additional 3.4 acres that the applicant
is purchasing to be included in the site. The south half of the development will be used for
the gas pumps building and parking lot. The north half of this site will be used for ponding
and open space. The grading on the south half of this site will closely match the existing
grades. The maximum cut is approximately 2 feet, and the maximum fill is approximately
2 feet. The drainage from the south half of this site will flow in a northerly direction across
the parking lotto a set of catch basins on the north end of the site. The proposed catch
basins shall drain to the north to a proposed pond located on the north half of the site. The
proposed pond shall outlet to the existing 27" storm sewer that is located on the west side
of Nicols Road. The 27" RCP storm sewer in Nicols Road drains through Ponds AP-6 and
AP-39 and then into the Minnesota River basin. Ponds AP-6 and AP-39 are designated
ponding areas identified in the City's Comprehensive Stormwater Management Plan.
The development will he responsible for installing and maintaining erosion control measures
in accordance with the City's Erosion/Sediment Control Manual Standards.
WATER QUALITY: Storm water generated by this proposed commercial development will
be first discharged to Pond AP-6, then to Pond AP-39 which in turn discharges to a tributary
of the Minnesota River. The City's Water Quality Management Plan designates these two
basins as a Class VII storm water basin and a Class VI nutrient trap, respectively. There
are no recreational classified water bodies downstream of the development area.
To satisfy water quality treatment requirements, the developer would be required to
construct a pond with a surface area of 0.15 acres and a wet pond volume of 0.39 acre-feet.
The pond must be located to catch and treat all runoff from the development site. The
separation between the pond inlet and outlet should be at least 130 feet.
If the development were to provide to the City a cash contribution for water quality in lieu
of ponding, the amount of the cash dedication would be based on the commercial
development of only 2.39 of the 4.19 acres included in the plat. The north 1.8 acre portion
of the site that would be dedicated to the City for an easement for storm water retention
ponding would not be included in the water quality dedication requirements.
Based on the methodology outlined in the water quality management plan,a cash dedication
of $20,860 will be required to satisfy this requirement. Development of the north 1.8 acre
portion of the plat would require additional cash dedications.
UTILITIES: The existing commercial site is presently served by City sanitary sewer and
water main. The developer will be required to abandon and plug the existing sanitary sewer
service at the top of the riser and abandon the existing water service to the existing building.
The water service to the existing building shall be shut off at the corporation stop at the
main.
49
New sanitary sewer service is proposed to be provided to the new building from the existing
9" sanitary sewer line that runs along the west side of Nicols Road. A manhole will be
required at the connection to the existing sanitary sewer to allow the City to visually inspect
the flow and t0'monitor the sand that could enter the City's sanitary sewer system from the
car wash.
The water main layout as proposed by the developer shows connection to the existing 16"
DIP water main in Nicols Road and providing a new 4" water service line to the new
building. This connection will require open-cutting of Nicols Road. An alternative layout
proposed by Staff would allow the developer to connect to the hydrant lead located
southeast of the proposed building. The hydrant would be relocated and then the 4"water
line from the building would connect to the hydrant lead. This alternative could be
accomplished Without open-cutting of Nicols Road.
STREETS/ACCESS/CIRCULATION: The site currently has 2 existing accesses from Nicols
Road. The preliminary site plan proposes 4 accesses to Nicols Road and no access to
Diffley Road. The south access to Nicols Road shall be an exit only access and shall be
signed accordingly.
The existing parking lot at the site is bituminous and concrete on the east half, and gravel
on the west half. The bituminous portions of the parking lot are in poor condition because
of inadequate drainage and needs repair. The new parking lot of this development shall
contain a concrete curb and gutter around the entire edge of the lot to control where people
park and to confine the drainage from this site to the proposed storm sewer. The new
parking lot shall be surfaced with bituminous or concrete pavement.
The driveway openings to Nicols Road shall be concrete aprons.
EASEMENTS(RIGHT-OF-WAY IPERMITS; The Dakota County Highway Department has
reviewed the preliminary site plan and they have requested 75 feet of half right-of-way on
Diffley Road.
The sanitary sewer line that runs through the south portion of the site will still require the
30 feet of easement centered over the sanitary sewer line. The north 1.8 acres of the site
shall be dedicated as ponding easements. The City will use the area for construction of a
storm water retention basin and the area will also include the ponding that is required from
this development to meet its storm water and water quality management requirements. Any
work along the County right-of-way will require a Dakota County permit.
j .
FINANCIAL OBLIGATION • Easy Eatery Addition
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement Rate Quantity Amount
Lateral Benefit . 19.15/ff 683 ff $13,079
Storm Sewer Trunk
Lateral Benefit 24.75/ff 518 ff 12,821.
Water Trunk
25 900
EASY EATERY CONDITIONS OF PRELIMINARY PLAT APPROVAL:
1. These standard conditions of plat approval as adopted by Council action on July 19,
1990 shall be complied with:
Al, B1, B3, B4, Cl, C2, C4, El, Fl, 01, and H1
2. Landscaping, as shown on the revised landscape plan dated November 6, 1991, and
underground irrigation of these areas is required.
3. An overall sign plan shall be approved by staff and be subject to a one-time sign fee
of $2.50/sq. ft.
4. No outside display, or storage, shall be allowed.
5. No rooftop mechanical equipment shall be visible from the street.
6. No outdoor loudspeaker advertising shall be allowed.
7. Trash and recycling containers shall be stored in an enclosure attached to the main
building and constructed of similar material.
8. All car wash cycles shall include dryer/blower.
9. Gasoline tank stand pipes shall be attached to the building.
10. The final plat shall dedicate a permanent ponding easement over the north 1.8 acres
of the site.
11. The developer will be required to abandon and plug the existing sanitary sewer
service at the top of the riser and abandon the existing water service that serves the
building that will be removed.
12. The south access to Nicols Road shall be an exit only access and signed accordingly.
13. The driveway openings to Nicols Road shall be concrete aprons.
14. The final plat shall dedicate 75 feet of half right-of-way on Diffley Road.
15. The developer shall construct a pond with a surface area of 0.15 acres and a wet
pond volume of 0.39 acre-feet to treat runoff from the entire site.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial
obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right-of-way.
2 . This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right-of-way as necessary to service this development or
accommodate it.
• 3. This development shall dedicate all public right-of-way
and temporary slope easements for ultimate development
of adjacent roadways as required by the appropriate
jurisdictional agency.
4 . This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
C. plans and Specifications
1. All public streets and utilities necessary to provide
service to this development shall be designed by a
registered professional engineer in accordance with City
codes, engineering standards, guidelines and policies.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
'city standards prior to final plat approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in
accordance with City engineering standards.
13
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
4. A detailed landscape plan shall be submitted on the
proposed grading plan. The financial guarantee shall be
included in the Development Contract and not be released
until one year after the date of installation.
5. All internal public and private streets shall be
constructed within the required right-of-way in
accordance with City Code and engineering standards.
D. public Improvements.
1. If any public improvements are to be installed under a
City contract, the appropriate project must be approved
at a formal public hearing by Council action prior to
final plat approval .
E. permits
1. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency..
F. parks and Trails Dedication
1 . This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and
Recreation Commission and approved by Council action.
G. Water. Quality Dedication
1. This development shall be responsible for providing a
cash dedication in addition to/in lieu of ponding
requirements in accordance with the criteria identified
• in the City's Water Quality Management Plan.
H. Other
1. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by
Council action.
Advisory Planning Commission City Council
•
Approved: August 25, 1987 September 15, 1987
Revised: July 10, 1990
plataprv.con
LTS 112
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NOU 27 '91 10:40 264 P02
Q i
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, !MINNESOTA
OCTOBER 22, 1991
A regular meeting of the Eagan Advisory Planning Commission was
held on Tuesday, November 26, 1991, at 7:00 p.m. at the Eagan
Municipal Center. Present were members Graves, Voracek, Trygg, Hoeft,
Miller, Staeheli and Alternate Gorman. Also present were City Planner
Jim Sturm, Assistant City Engineer Mike Foertsch, and City Attorney
Mike Dougherty.
AGENDA
Chairman Graves stated that Item "A" had been continued at the
applicant's request.
Voracek moved, Staeheli seconded, the motion to approve the
agenda as amended. Al]. present voted in favor.
MINUTES
October 22 . 1991. Trygg moved, Voracek seconded, the motion to
approve the October 22, 1991 Advisory Planning Commission minutes as
presented. All present voted in favor.
Chairman Graves explained the Advisory Planning Commission
procedure to the public.
PRELIMINARY PLAT
CROWN COCOA INC.
Chairman Graves opened the first public hearing of the evening
regarding a Preliminary Plat consisting of one approximately 4.2-acre
GB (General Business) zoned lot located at the northwest intersection
of Diffley Road and Nicols Road in the SW 1/4 of Section 19.
City Planner Jim Sturm stated that the applicant has recently
acquired the property to the north of their existing property.
Therefore they have designed a new site plan. The applicant is
requesting four variances. Mr. Sturm commented that the Advisory
Planning Commission should make a recommendation to the City Council
regarding their views on the four variances. City Staff felt that
this site plan is a very significant improvement to the previous site
plan.
Dave Miller, a representative of the applicant, stated that he
was there to answer any questions.
4
NOV 27 '91 10:40 264 P03
Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES
NOVEMBER 26, 1991
Pete Anderson, 4152 Nicole Road, informed the Commission that he
lives north of the proposed site. He stated his concern that the most
northerly entrance to the proposed site would be directly across from
his residence.
City Planner Sturm replied that Mr. Anderson's driveway would be
50 feet to the north of the applicant's proposed entryway.
Commission Member Gorman stated he was concerned with the
location of the parking lot. He believed making customers park behind
the building and walk to the front of the building was a safety
concern.
Commission Member Voracek commented that it would be very typical
of customers to park directly in front of the main entrance to the
building and ignore the parking lot. He questioned whether or not all
of the proposed parking spaces would be needed as the parking lot
would probably be used only for employee parking. He recommended
reducing the parking lot.
Mr. Miller replied that he agreed with Commission Member Voracek
in that they do not need all of the parking stalls. He explained that
they were only trying to meet City Code requirements.
Chairman Graves agreed with Commission Member Voracek.
Commission Member Voracek stated that he generally liked the site
plan, however, he felt that it was not necessary to blacktop an area
that will, in all probability, never be used. He recommended that the
site plan be revised to show the following: 1) reduce the size of the
parking lot, 2) pull the northerly-most entrance to the site south,
and 3) make this entrance line up with something on the east side of
Nicola Road.
Chairman Graves felt that approximately 10 parking stalls would
be sufficient.
Commission Member Staeheli raised her concern that pedestrians
would have to walk in front of the car wash to get to the building if
they parked in the parking lot. She felt that was not very safe.
Chairman Graves raised the issue of the four variances.
(.0
NOV 2? '91 10:41 264PO4
Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES
NOVEMBER 26, 1991
Commission Member Trygg felt there was no hardship to have two
pylon signs on this site.
Mr. Miller stated that this property is odd-shaped and they are
trying to develop it in the best way they know how. He knows that
signs are a great advertising tool and he feels that they need two
signs to compete.
Commission Member Voracek stated that an option would be to allow
two pylon signs, but move the one closest to the freeway to the north
to space it further away from the proposed pylon sign. Another option
would be to allow only one sign. Part of the sign would be raised
high and the would be ground level. This would require only one
variance for the square footage.
Mr. Miller replied that they would lose visibility if they moved
the pylon sign to the north.
Chairman Graves addressed the issue of the 12 foot setback
variance. He felt that there was room for the applicant to shift the
entire site 12 feet to the north. He further stated that he feels
this will be a vary nice development and that the Commission is
trying to accommodate them, however, the variances are a stumbling
block.
Commission Member Voracek agreed with Chairman Graves in that it
would be easy to shift the site 12 feet to the north. This would
remove the 12 foot setback variance.
Miller moved, Voracek seconded, the motion to approve a
Preliminary Plat consisting of one approximately 4.2-acre GB (General
Business) zoned lot located at the northwest intersection of Diffley
Road and Nicole Road in the SW 1/4 of Section 19, subject to the
following conditions:
1. These standard conditions of plat approval as adopted by
Council action on July 19, 1990 shall be complied with:
Al, 81, 83, B4, Cl, C2, C4, El, F1, G1, and H1
2. Landscaping, as shown on the revised landscape plan dated
November 6, 1991, and underground irrigation of these areas
is required.
CO CP
HO!! 27 '91 10:42 264 P05
Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES
NOVEMBER 26, 1991
3 . An overall sign plan shall be approved by staff and be
subject to a one-time sign fee of $2.50/sq. ft.
4 . No outside display, or storage, shall be allowed.
5. No rooftop mechanical equipment shall be visible from the
street.
6. No outdoor loudspeaker advertising shall be allowed.
7 . Trash and recycling containers shall be stored in an
enclosure attached to the main building and constructed of
similar material.
8 . All car wash cycles shall include dryer/blower.
9 . Gasoline tank stand pipes shall be attached to the building.
10. The final plat shall dedicate a permanent ponding easement
over the north 1.8 acres of the site.
11 . The developer will be required to abandon and plug the
existing sanitary sewer service at the top of the riser and
abandon the existing water service that serves the building
that will be removed.
12. The south access to Nicole Road shall be an exit only access
and Signed accordingly.
13. The driveway openings to Nicols Road shall be concrete
aprons.
14 . The final plat shall dedicate 75 feet of half right-of-way
on Diffley Road.
15. The developer shall construct a pond with a surface area of
0. 15 acres and a wet pond volume of 0.39 acre-feet to treat
runoff from the entire site.
16. The applicant shall provide proof of parking and shift the
northern-most access further to the south.
All present voted in favor, except Gorman and Staeheli who
opposed. Motion approved 5-2.
Commissioner Member Vnrarek requested that the City Council be
advi.eed that he recommends that the four variances not be granted.
LQ
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: JIM STURM, CITY PLANNER
DATE: NOVEMBER 27, 1991
RE: EASY EATERY ADDITION
At the November 26 Advisory Planning Commission meeting, the Easy Eatery Addition
consisting of one 4.2 acre General Business zoned lot for a gas station was approved 5/2.
The location is the NW intersection of Nicols and Diffley Roads. In May, the Commission
unanimously approved a Preliminary Plat for the southern three-quarter acre portion of the
site. Prior to Council action, the applicant requested a continuance to allow time for
negotiations for acquisition of the vacant land to the north. The first proposal called for the
existing building to be remodeled. The new plan and plat incorporates all of the General
Business property west of Nicols Road. The existing building will be removed and replaced
with the new art deco style one with a stucco type exterior.
Several residents were in attendance, however there were few questions. One resident was
concerned that the northernmost driveway would directly face his home on the east side of
Nicols Road, however it will be south of his lot. The Commission felt there was more
parking on the north side of the building than what is really necessary and using a proof-of-
parking scenario would make more sense than creating spaces that would not be used. The
applicant only provided that many parking stalls to meet what he thought was a strict code
requirement. The Commission added Condition #16 which states:
16. The applicant shall provide proof-of-parking and shift the northernmost access
further to the south.
There was discussion,but no action regarding the three Variances necessary to allow another
pylon sign at the Nicols/Diffley intersection and the consensus was they were not in favor
of those Variances. Attached is an exhibit showing the relationship of this property to the
single family homes along the east side of Nicols Road.
If you would like additional information, please contact me.
City Planner
JS/js
(06
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1_ D
. NOV 27 '91 13000 CROh•I CO CO INC P.2/4
ri.1.511"..."1111
Pr CROWN COCO., INC.
•'•
DISTRIBUTORS OF
FUEL OILS - GASOLINES - GREASES - MOTOR OILS
Always a Aivikp b San.You - 331-9344
319 ULYSSES N.E.
MINNEAPOLIS.MINNESOTA 5114111$
November 27, 1991
Eagan City Council
3830 Pilot Knob Road
Eagan, Minnesota 55121
RE; Easy Eatery Addition/EZ Stop
Dear Council Members:
The property at 4195 Nicola Road in EAgan was purchased by Crown
CoCo. , Inc. , in the Spring of 1989. During the Fall of 1990 we
approached the city of Eagan for a Variance and Conditional Use
Permit for a freeway sign similar to the Amoco sign across the
street. We were granted the Conditional Use and Variance for the
freeway sign and I told you we would be back with a proposal to
make the corner much nicer. We began work on a remodel proposal
for our existing site and proceeded with the platting process for
that remodel. After we had received preliminary plat approval
from the Planning Commission I asked for an indefinite extension
before presenting our plan to the city council . The motivation
behind that request was to allow us a little more time to work
toward what we believe to be an opportunity to make the corner
much nicer than we had presented to the Planning Commission
earlier this year.
I spoke with Eagan City Staff concerning a possibility of
purchasing the triangular piece of property to the north of our
existing property and came away from that meeting with the
understanding that the City would like to see something done with
the vacant area to our north. At that time I asked Mr. Sturm to
postpone our preliminary plat presentation to the City Council
until we had opportunity to pursue the purchase of the triangular
lot further.
We finally arrived at a purchase agreement for that triangle
which is contingent upon our successful platting of the property
as we have drawn it up. The transaction is to be completed
before the end of this year or there will be an additional
*5,000.00 added to the purchase price of the property. With this
in mind we directed Pioneer Engineering to draw up a site plan
that would conform to the Eagan City Ordinances as closely as
possible while satisfying the need of the owner of the property.
After meeting with the City Planning Commission regarding this
project there are certain areas of concern that we would like to
address.
-1-
MARKETERS OF QUALITY PETROLEUM PRODUCTS
7
NOV 27 '91 13:01 CROWN Co CO INC
P.3/4
The first area of concern has to do with the Park and Trail
dedication monies. As I understand the system, we are being
assessed for the entire parcel of land at the full commercial
rate. If we were to plat the parcel as two lots, we could
perhaps only pay for the lot that is currently being developed.
This approach became impossible when I was informed that we could
not plat the property as two lots because the second lot is
unbuildable due to setback constraints and unbuildable lots
cannot be platted. It doesn't seem right to label something
unbuildable and at the same time assess dollars because it is
being developed. If there is a way we could only be charged for
the usable portion of our property or be charged at a lesser rate
it would seem to be a more equitable arrangement.
Our second concern has to do with meeting the required setbacks.
To accommodate the County's additional right-m4-way request would
result in us shifting the entire site approximately 12' to the
north, away from the main visual frontage along Diffley Road.
Because Diffley Road is more heavily traveled than Nicole Road,
we are concerned that shifting the site further north will result
in a negative impact on visibility to this location.
On January 3, 1991 we received Conditional Use Permit approval
for a 50' tall freeway identification pylon sign to be located at
the southwest corner of the side. In lieu of the allowed free
standing ground sign, we are seeking three Variances from the
Sign Code. These include:
i) Allowing an additional pylon sign to be located on Nicole Road
side of the property opposite the freeway,
2) A Variance of 130' from the required 300' spacing between
pylon signs,
3) A 10' Variance from the required 10' sign setback along the
south property line. Because we are not a m .
ajor oil company
signage identification becomes increasingly important.
The fourth area of concern has to do with the pending issue; It
is my understanding that the north 1.B acre portion of the site
will be dedicated to the city for an easement for storm water
retention and the area will also include the pending that is
required from this development to meet its storm water and water
quality management requirement. This portion of the site would
not be included in the water quality dedication requirements. It
further states that based on the methodology outlined in the
water quality management plan , a cash dedication of S2O,86O will
be required to satisfy this requirement. It doesn't soseem
equitable to give the city a portion of our property
a cash dedication.
The fifth area of concern has to do with the south access to
Nicole Road. The recommendation The wool dtobesextremely difficult
access and signed accordingly
to enforce.
-2-
W/ 27 '91 13:02 CROI•N CO CO INC P.4/4
Other areas of concern include the following:
*N9_2mtdoor loudspeaker advectkelrog, is allowed. We may want
an intercom system in order that customers are given the
service they want and need. What restrictions are we
under?
*Gasoline tank stand pipes shall be attached to the build-
ing. Our plan doesn't call for that. The tanks will not
be adjacent to the store.
*4112,, outside „djepl ay. ter grtiac. eihal3 b allowed. Would
like to know exactly the restrictions we are under here.
We very much would like to make this project work. This is a
considerable investment for us and because of that, we want to
make sure we do the things that have worked for us in the past.
We are looking forward to meeting you next week.
sincerely,
192d Cam. i )
David L. Miller
Director of Maintenance
DL :ik
1
MINUTES OF A REGULAR MEETING OF THE
:EAGAN,CITY COUNCIL
,:::Eagan,Minnesota
::::: :':'November 19,1991
A regular meeting of the Eagan City Council was held on Tuesday,November 19, 1991, at the Eagan
Municipal Center. Present were Mayor Eger and Councilmembers Wachter, McCrea, and Pawlenty. It was
announced at the onset of the meeting that Councilmember Gustafson would absent until later in the meeting.
Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
City Administrator Hedges said thattstaff would request that Item B,Consent Agenda,license On-Sale
Beer,James Ezzell, New Owner of Piccolo s;:4ib2:N t:.Knob:Road,be continued.
Pawlenty moved,Wachter seconded a motion to approve the agenda for the November 19,1991 regular
City Council meeting, as amended. Aye: 4 Nay. 0
..
Councilmember Pawlenty asked that the fo lowi g c? riection be made to the minutes for the November
7, 1991 regular City Council meeting:
Page 2, paragraph 3, sentence 5, after:the:words".and was," the word "not" should be inserted.
•
At the recommendation of the City Attorney's off ice tb*motion on page 12 to approve the conditional
use permit and variance for an Adams Outdoor Advertising sign at I-35E and Lexington Avenue be amended
to omit the conditions and that the motion be changed to reflect the following action:
"Wachter moved, McCrea seconded a motion to approve the application for a conditional use permit
for Adams Outdoor Advertising and a variance to allow more than 250 square feet located on Parcel
020-76 along the east side of I-35E,west:of Lexington;Avenue in the southeast quarter of Section 3 and
that the City Attorney's office be:directte to p epare'a'motion of approval and appropriate findings to
be returned as a resolution to the::City Connell)*their December 3,1991 regular City Council meeting."
Wachter moved,McCrea seconded'a motiopn:to approve the minutes for the November 7, 1991 regular
City Council meeting as amended.
IMO
The City Council then took the opportunity to.A*13ss a number of miscellaneous items with staff. One
item that generated a certain amount of discti ?as: :concern expressed by Councilmember McCrea that
some of the City's volunteer firefighters are.i i m erned.ab :the allocation of funds to equipment in the Fire
Department. She said she appreciated bigiget constraints, hivver, did not wish to see the Fire Department
budget cut to the point where lives and property were in jeoparitjt,..Fire Chief Southorn agreed that some of the
Fire Department's units are getting old,however, renovations> e been accomplished for two units. Another
piece of equipment scheduled for upgrade;:ot: ment*It: a discussed at an upcoming workshop on the
C.I.P. budget. •
Page 2/EAGAN CITY COUNCIL MINUTES •
November 19, 1991
A. PERSONNEL ITEMS ?:
Item 1. It was recommended thet;t►e resignation of Kyle Kaszynski, Community Service Officer, be
accepted.
Item 2. It was recommended that the hiring of Richard Redenius as a Community Service Officer,
subject to successful completion of the City's physical, psychological and drug examination requirements, be
approved.
Item 3. It was recommended that the resignnation of Luke Rutten,Engineering Intern,be accepted.
B. LICENSE. On-Sale Beer.James Ezzell.:New Owner of Piccolo's.4162 Pilot Knob Road
The license for On-Sale Beer,regiiestediiginies:Ez*ell;new owner of Piccolos,4162 Pilot Knob Road,
was continued indefinitely.
C. Amendment/Redefine 'Targeted Recyclables"
It was recommended that the resolution amending Chapter 6, Section 6.37 of the Eagan City Code to
redefine "targeted recyclables" be approved.
D. Gopher Smelting Proposal/Satelltte•Drop Site?
It was recommended that City of Eagaii'ssupport:for the Gopher Smelting proposal for a satellite drop
site in the City of Eagan be approved.
E. Agreement/South Metro Task Force/Drug Prosecution
It was recommended that the 1992 Joint Powers Agreement with the South Metro Drug Task Force for
drug prosecution be approved.
F. Approve Final Payment/Autbo Cam. (Rahn Road Reconstruction)
It was recommended that the 12th and Snat:payment to Contract 90-04 (Rahn Road Reconstruction)
in the amount of$2,14231 be approved and.that perpetual maintenance by the City subject to the appropriate
warranty provisions be authorized.
G. s_, y, : el..,r N. :Y 'Y �1.:■ t►.t �� .�___ ,
It was recommended that Change Order No.2 to Contract 91-08(Wilderness Run Road)be approved.
H. Acknowledgement of Project CompkUo Contract 87-DD (Hills of Stonebridge Addition).
It was recommended that competion of Contract::87-DD (Hills of Stonebridge Addition) be
acknowledged and that perpetual City maintenance be authori ;subject to appropriate warranty conditions of
the development agreement.
Page 3/EAGAN CITY COUNCIL MINUTES
November 19, 1991
-..•.•.•
I. Acknowledgement of Project Colunletion/Coutrug.89-TT (Boulder Ridge 2nd Addidon)
It was recommended that complaiiiiittiiiiiiiiiiii0=tf•(Boulder Ridge 2nd Addition)be acknowledged
and that perpetual City maintenance be**zed subject to appropriate warranty conditions of the development
agreement. :•:•:•:•:
::•:•:•:.
Pawlenty moved,Wachter seconded a motion to approve the Consent Agenda as amended. Aye: 4
Nay: 0
IMPAIWITEMNIP4
Because of the earliness of theliOur, the City Council then took up those items included with the
....•
Administrative Agenda. ...••
CITY ATFORN,WEctfl. SESSION
It was noted that an executive session would follow the regular City Council agenda.
CITY ADMINISTRATOR/M.A. MORTENSON REOUEST
After introduction by Mayor Egan,City Ariminigrat**dges said that MA.Mortenson,who has been
hired by Northwest Airlines,Inc.for the renovation of t*.fii0iiii Unisys Semi-Conductor Facility,has requested
that the City extend construction hours during the den:1.000n phase to 24 hours a day until the anticipated
completion date in February. Director of Community Development Runkle said if problems regarding the noise
were to occur, staff would work with MA Mortenson and the neighbors in an effort to mitigate those concerns.
Further discussion centered around noise and diiitir4004:.:.councilmember Pawlenty noted that it may be
prudent to put Northwest Airlines on notice that if thereiii*,*plaints, the waiver could be revoked.
Pawlenty moved,Wachter seconded a motion to approve a request by MA. Mortenson to extend the
hours of work to 24 hours a day to complete the demolition of Northwest Airline's Data Processing Center which
occupies the building formerly owned by Unisys and used as a semi-conductor facility. Aye: 4 Nay: 0
DIRECTOR oF.:mot:4c WC/184(405/CONTRACT 89-03
Mayor Egan introduced this item as Contract 89-03, Phase I & 2/acknowledge completion and final
payment (Maintenance Facility Expansion).
...•.•.•.
•:•:•:•:
Wachter moved,McCrea second4ii•TOQIiiii:449Spdge completion and authorize the final payment
..• .
in the amount of $11,963.50 to West:::13iiidAineildilli:Bligelers for formal close-out of Contract 89-03
(Maintenance Facility Expansion). Aye: 4 Nay: 0
PPALOWN
...•.•..
ORDINANCE 3P401:000/OUTSIDE STORAGE
•
Mayor Egan introduced this item as an ordinance amendment, City of Eagan,Amending Chapter 11
(Zoning) of the Eagan City Code regard4 outside storage. City Administrator Hedges provided background
on the item and noted Councilmember Gustafson's memo regarding'Standards"under the proposed ordinance.
It was noted that Councilmember Gustatibii:had:commrps:044:th0 word"enclosures"as used in the amendment
would be interpreted as having to be attiiii**Mi*Idiiii:tillie Councilmember's memo suggested that the
Page 4/EAGAN CITY COUNCIL MINUTES
November 19, 1991
word"display"be substituted. In addition:it•Was Councilmember Gustafson's recommendation that all of Item
f,be stricken.
Mr.Jim Rabuse,of Yankee Square.Amoco,asked for additional clarification of the ordinance,especially
as it relates to items such as firewood. Iasaid firewood is a seasonal item and an enclosure for such items
would be more unattractive and inconvenient than as displayed currently.
It was noted that outside storage is not now permitted in the City and that the proposed amendment
to that portion of the City Code dealing with outside storage would permit storage under certain conditions.
Mayor Egan said it must be recognized that..if outside storage is to be regulated,it would be necessary to apply
some subjective standards. He recommencdd that under Standards,Item e, the item be changed to read,"the
enclosure shall not unreasonably interfere:wth any pedestrian or vehicular movement." The rest of the Council
was in agreement with that change. Mr.'rin Wonze :;representing Tom Thumb, agreed that adding the word
"unreasonably" to Item e.would satisfy his`concerns.'•Tn addition, after weighing all aspects, it was determined
that the word "enclosure" be allowed to remaia::as statted:in:the:amendment as well as all of Item f.
Pawlenty moved, Wachter seconded a motion to approve an amendment to the Eagan City Code,
Chapter 11, regarding outside storage as presented with the following changes:
1. Standards
o to the principal building except in the Limited
b. All such enclosures shall be��� �� P P� �B Pt
Industrial District.
e. The enclosure shall not iunreasonably interfere with any pedestrian or vehicular movement.
Aye: 4 Nay: 0 •
FORECLOSE FINANCIAL SECURITY/AUTHORIZE ADVERTISEMENT FOR BIDS,
WILDERNESS PONDS
Mayor Egan introduced this item as Contract 86-RR,foreclose financial security/authorize advertisement
for bids(Wilderness Ponds-Streets&Utilities)::::City Administrator Hedges said that a request for continuance
would be made, however, the Council may: i�ish to' iscuss`the'item.
Director of Public Works Colbert:said the action being requested of the Council was a reaffirmation
declaring the developer in default of the deftelopment agreement. He said staff would be asking the Council to
proceed with competitive bids to take corrective aet : n:.this;project due to the developer's inability to obtain •
easements allowing this corrective action toiake.'place.'.•'•'':•:•'•`••`
Douglas Turbak, the developer of Wilderness Ponds,said they had not been able to obtain easements
because the project as approved by the City was not acceptable to one of the neighbors,Mr.John Dudycha. Mr.
Turbak said the project was completed in 1987;how.ee ,:ia.1989 one of the property owners in Wilderness Ponds
experienced the accumulation of a significant..ninOi nt of e.in their backyard. He said while it took several
months to find the problem,he believes the:problem was niit:.in.their storm sewer design,but that of the Ches
Mar Addition design. Director of Public Winks Colbert said i'tisi$y of the improvements in these developments
were permitted to be performed by private developers because.•there was not sufficient staff at that time to
handle the workload. He said when theseamprovements were 44,it was understood that only cursory reviews
were made by City staff and the private doer: : : liability for the system design. He said the
existing storm sewer system in question has been asked to correct the runoff
Page 5/EAGAN CITY COUNCIL MINUTES
November 19, 1991
from his own development. He said staff hes'been trying to resolve the issue for the past 18 months and is not
ready to assume liability for the City of as ysteni,.daa3g94at►5l.installed by a private engineer.
After further discussion,McCrea a motion to continue the request to reaffirm
Council action of March 20, 1990 declai .the Wilderness Ponds Addition in default of the development
agreement. Aye: 4 Nay: 0
Council urged Mr. Turbak to meet with staff in a concerted effort to resolve this issue before it is
returned to the City Council at the December 3, 1991 regular City Council meeting.
•
Ll t: TOR LICENSE RENEWALS
McCrea moved,Wachter seconded a motion:ta:approye.the.applications for 1992 liquor license renewals
as listed in Exhibit A,subject to submittal 4:ail:reguiric docilaita ation for the license and if police review finds
no reason to deny the application.
Aye: 4 Nay: 0
TOBACCO TASK FORCE RECOMMENDATION
After introduction by Mayor Egan,Administrative�Assistant Elizabeth Witt provided brief comment on
the efforts and recommendations of the Tobacco Task.Force.
Sheryl Casey, a member of the Task:Force ;said.when the task force was formed, they agreed that the
recommendations to the City Council would be those:of t ::majority. As a member of the minority opinion,
Ms. Casey noted her position on several items included.in:the::task force recommendations. She particularly
objected to the reference in the proposed ordinance that revocation.of a license would occur only after a criminal
conviction. She asked that the City Council consider patterning this ordinance after the alcohol ordinance
whereas a criminal conviction is conclusive that a violation has occurred, but it is not required that the City
Council determine that there was a violation and then impose revocation. City Attorney Sheldon noted that the
philosophy contained within the proposed cigarette ordinance is the same as that behind cases such as
"contributing to the delinquency of a minor,"11e:;saki it gives: :City Council a specific,objective standard that
can be measured and rated and avoids situations' eree:the'CCouncil attempts to try a "selling cigarettes to a
minor" case at a City Council meeting or:rt*Ocation hoaring. He said it should be noted in the ordinance that
a conviction, either as a misdemeanor or,.under reduced charges, a petty misdemeanor,would be grounds of
revocation of the license. The City Coiiil agreed: vith Ms. Casey's recommendation, however, that the
ordinance be reviewed in one year
While other members of the task force were in the audience, all were satisfied that the proposed
ordinance put forth to the City Council was in keeping with their recommendations.
Wachter moved,Pawlenty seconded a motion_to accept the recommendations of the Tobacco Task Force
and to approve each of the recommendatiou.as w li a&mduding the review of the ordinance in one year and
language that would identify a certified petty imsdemeanor aS:meeting the criteria for criminal conviction. Aye:
4 Nay. 0
Page 6/EAGAN CITY COUNCIL MINUTES
November 19, 1991
:.:•:.:•.
PRELIMINARY PatEXTENSIOWBEST BRANDS ADDITION
Mayor Egan introduced this item a prchminy plat extension for Best Brands Addition,located north
of Yankee Doodle Road, west of Highway 11 DiEôdÔr of e..C■mmunity Development Runkle noted that
clarification of Condition #2 would be 1**d prior to final platting. The applicant was not present.
Pawlenty moved, McCrea seconded a motion to approve a preliminary plat extension for Best Brands
Addition with the provision that if the extension is granted, Condition #2 to the preliminary plat approval will
be changed as follows:
2. The development is required to provide de a cash dedication fulfillment of the water quality requirements
of the development in accordanc.0*ith the OY's Water Quality Management Plan.
A acres surface area x$65,340/aCiindustriar use = $26,136
1.26 ac. ft.x 1613 Cu. yds./ac. ft.442/cu. $4,064
.........•.•.•........... •.•••.••••
Total = $30,200
Aye: 4 Nay. 0
VARIANCE/JEFF CLEARENCE
Mayor Egan introduced this item as a variance for Jeff:Clearence of 10 feet to the required 30 foot
•
setback located at 2045 Emerald Lane.
After discussion,Pawlenty moved;::*00a seconded a motion to approve a variance of 10 feet from the
30 foot setback from public right-of way for Jeff Clearence for 2045 Emerald Lane (PID #10-16700-190-09)
noting that the variance deals with the street:i4tiaCk:AS:ppi,i;Sed to a neighboring lot line setback and there are
no objections. The variance shall be subject to all titY:p04 :rcquirements.
Aye: 4 Nay: 0
SPECIAL USE PERMIT/FERRELLGAS
Mayor Egan introduced this item as a special use permit for Ferrellgas to allow the temporary storage
of an outside propane tank located at Lot.4:01i4:1, Mardelanu Addition in the northwest quarter of Section
17 (3575 State Highway 13). Director of CommuniLy Development Runkle said this application had been
reviewed with the Fire Marshal and a niiiiOr of the:..0(iiiditions are a result of that review. Mayor Egan noted
the stringent conditions and asked if there.were any safety or liability concerns such as those associated with
Safety Kleen. City Attorney Sheldon saidii6t Safety KIeen was a much larger facility and they did not provide
information outlining what chemicals wciii4.*;:st9ted:Ottii.piigps into the Safety Kleen site Mr. Sheldon said
• the Ferrellgas application is the storage of usual situation. Jim)(riming,the Marketing
Director of Ferrellgas,was present to answer any questions.
Pawlenty moved, Wachter seconded a motion to approve a special use permit for Ferrellgas for
temporary outdoor storage of a 1,000 gallon propaue.:tapli at 3575 State Highway 13, subject to the following
conditions
-....-:•:•:.:•..*".....:•:•:.::::•••••
1. The 1,000 gallon propantiaiik shall be loci**least 25 feet from each property line and at
least 25 feet from the building.
.•.•.•.•. •....•
2. The tank shall be locati.d.:.*:1!..44:;w:*t.if0.ii:i..11 combustible materials.
Page 7/EAGAN CITY COUNCIL MINUTES
November 19, 1991 •
3. No smoking or other sources of ignition shall occur within 15 feet of the propane tank.
4. A no smoking sign shall lyepiated
5. The 1,000 gallon propane.tank shall be protected from vehicular damage.
6. A mechanical permit and all other necessary permits shall be applied for through the Protective
Inspections Department.
7. An emergency response.•plan will be filed with the City and reviewed and approved by City
staff.
8. All other City Code requirements sihol be met.
Aye: 4 Nay: 0
REZONING/CRAY RESEARCH
Mayor Egan introduced this item as a rezoning for Cray Research of approximately 40 acres from R-1
(Single Family) to a planned development district located along the north side of Lone Oak Road, east of
Highway 55 in the southeast quarter of Section 1.City Administrator Hedges said that a public hearing had been
held before the Advisory Planning Commission on.October::22,.11991 and they had recommended approval.
Director of Community Development Runkle.provided:background on the property and application.
Mayor Egan asked Mr.Ron Zamansky,an attorney representing Cray Research,whether this property
when developed would be consistent with other:Cray:deyelopment. Mr.Zamansky said that Cray has no specific
plans;however,their thoughts for development have aot:cZiaitg .since they acquired the property. He said the
land, while it may not interconnect with the existing Cray campiia is contiguous and they would do something
that would be consistent with the existing development.
Mayor Egan said the proposal before the Council called for a rezoning without any specific use or users.
He noted for the record, however,that the rezoning would conform with the comprehensive guide plan and as
a result of that finding,would be consistent actiom.with City,policy.
Councilmember Wachter noted t at this wop d:be an ideal time to address making stormwater ponds
deeper so that they can be utilized to their:full exte>it
McCrea moved, Pawlenty seconder a mgtion o authorize the preparation of a planned development
agreement and that the finalized agreement; !ill::- ::r fined o the City Council at a future meeting for
ratification. Aye: 4 Nay: 0
PP1119.15141MON
RECEIVE B!PSIAWARD CONTRACT
• 10.90AKE:24TH: DITION
Mayor Egan introduced this items:as Contract 91-IZ; cceive bids/award contract (Manor Lake 4th
Addition Streets & Utilities).
McCrea moved,Wachter seconded.amotiou t iCDti itii a the award of the above referenced contract to
the December 3, 1991 regular City 0
Page 8/EAGAN CITY COUNCIL MINUTES
November 19, 1991
Mr. Mike Berg, of Berg Electric.;:::04,00.:thCiiiinig#garding his dissatisfaction with the bidding
process for City streetlighting contracts. After'a'ddititiiial'diactission,Council requested that staff obtain further
information and review Mr. Berg's comp iin s.
Mr.Bob Middlemist, of Manor Lake 4th Addition,also came forward in an attempt to gain resolution
of several items of contention with the City.
Mr.Middlemist said the City is requiring that he obtain a quit claim deed from his former partners,the
Petersons, as a part of the development ag Bement..He contends that he owns the property and does not see
the necessity of this step. He is also cone need that::tii?e Petersons will not agree to such a requirement. City
Attorney Sheldon said that the City insists:upon clear::title to the property and does not wish to be placed in a
position of contesting the ownership of that propert :He said if Mr. Middlemist's former partners retain an
interest in the property, then they are required: sign a i.4ocuments.
Mr.Middlemist said the City is requiringthat.he pay tales on property designated for parkland before
the City will accept receipt of the parkland. Mr.Middlemist said he does not wish to donate the property and
pay the taxes on it. City Attorney Sheldon said the transfer of the property to the City as parkland was held up
at the discretion of Mr.Middlemist. Because it was not received by the City until after July 1, 1991,additional
taxes are now due and payable on the property. Because this transfer was at the discretion of Mr.Middlemist,
the City does not feel they should be required to pay any;outstanding taxes.
Mr. Middlemist also had concerns:,iegaxdlng Contract 91-12, Manor Lake 4th Addition - Streets &
Utilities. It was noted that the contract was'continued to the December 3, 1991 City Council meeting and Mr.
Middlemist could address the contract at that: e;:::.:. . •
MW...C.CDAS4-±#1.104114
McCrea moved,Gustafson seconded a motion ratifying a resolution that approves,accepts and transfers
property in Section 8 given to the City by the Metropolitan Waste Control Commission and then donated by the
City to the Department of Natural Resources(see Exhibit A). This resolution reflects action begun in 1989 but
never fmalized. Aye: 5 Nay. 0
Fri j.ELIA SACI '�
Wachter moved, McCrea seconded a motion'authorizing an expenditure of funds for flowers for Ella
Sachwitz, a long-time Eagan resident fromwvhom the`City purchased the school bell located at the Municipal
Center. Aye: 5 Nay. 0
It was determined that in the future,all visitors to be heard will be allowed to speak;however,no action
will be taken on their requests. Such a procedure woul4.allow staff to research the item and then bring it back
for Council's consideration at a future City CounC :meet ;;..
Wachter moved, Egan seconded:;*motion to approve:**.
pprove:t ie checklist dated November 19, 1991 in the
amount of$571,280.44. Aye: 5 Nay
Page 9/EAGAN CITY COUNCIL MINUTES
November 19, 1991
EXECU`tIVE SESSION/ADJOURNMENT
The City Council adjourned the reg .:ffi :ao aii:e cutive session to consider attorney/client
privileged information at 9:40 p.m. Those inattendance were Mayor Egan,Councilmembers Gustafson,McCrea,
Pawlenty and Wachter,City Administrator.H.tdges,Director of Public Works Colbert and City Attorneys Sheldon
and Hall. The executive session was adjourned at 10:20 p.m.
KF
CITY OF EAGAN
E.J.VanOverbeke
•
•
•
EXHIBIT A
CITY OF EAGAN
RESOLUTION
APPROVAL, ACCEPTANCE AND TRANSFER OF PROPERTY -
SECTION 8, CITY OF EAGAN
WHEREAS, the City of Eagan is to obtain property from the Metropolitan Waste Control
Commission, in Section 8 of the City, and
WHEREAS, the Department of Natural Resources - Fort Snelling State Park has expressed to the
City of Eagan an interest in obtaining the M. W. C. C. property for inclusion into Fort Snelling State Park,
and
WHEREAS,the Parks,Recreation and Natural Resource Commission has recommended to the City
Council that said parcel of land in Section 8 would best benefit the City by becoming State Park property,and
WHEREAS, the title of said property must first pass to the City of Eagan before being transferred
to the State of Minnesota, and
WHEREAS, the City of Eagan strives to be cooperative with other governmental agencies.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF EAGAN will accept transfer of
title for the above referenced property from the Metropolitan Waste Control Commission,and hereby agree
to transfer said Title to the State of Minnesota, Department of Natural Resources for inclusion into Fort
Snelling State Park, and
BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF EAGAN, AND THE
CITY CLERK are hereby authorized to execute documents for said Title Transfer.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, E. J. VanOverbeke,Clerk of the City of Eagan,Dakota County,Minnesota,do hereby certify that
the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota
County, Minnesota, in a regular meeting thereof assembled this day of , 1991.
E. J. VanOverbeke, City Clerk