06/02/1992 - City Council Regular AGENDA
MillEGULAR MEETING
MEAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
JUNE 2, 1992 Y2-6:30 P.M. 0 kQ
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
cCil'' coo
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) 4 C
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
A. PARKS & RECREATION DEPARTMENT
1. Community Service Project/Catch Basin Stenciling (� ;
IV. 6:55 - CONSENT AGENDA (PINK) Cr
FA. PERSONNEL ITEMS
r, IO B. EXTENSION of Agreement with City Insurance Representative
P171--C. RESOLUTION Supporting MVTA Midday Bus Service From Eagan to the Mall of America
/G D. FINAL PLAT, Town Centre 70 - Twelfth Addition
' $ E. RECOMMENDATION, Eagan/Mendota Heights Corridor Test, Airport Relations Committee
' 3F. RESOLUTION, Nitti Disposal Temporary Conditional Use Permit
MirpG. CONTRACT 92-05, Approve Plans, Specifications & County Agreement/Authorize
Advertisement for Bids (Oak Cliff 6th, Woodlands North 2nd, Wilderness Ponds and
Yankee Doodle - Utilities)
3° H. PROJECT 631, Approve Plans, Specifications & County Agreement/Authorize Advertisement
�� for Bids (Lone Oak Road & Eagandale Boulevard - Signalization & Intersection
Improvements
,31 I. PROJECT 632, Receive Report/Order Public Hearing (Weston Hills Addition - Trunk
Utilities)
p,3 ) J. PROJECT 633, Receive Report/Order Public Hearing (Great Oaks Addition - Streets &
11 Utilities)
n 3 K. PROJECT 635, Receive Petition/Authorize Feasibility Report (Lakeview Trails - Streets
f ' & Utilities)
3 Z L. CONTRACT 92-02, Approve Change Order #1 (Blackhawk Cove Lift Station - Completion
P' Date)
52-M. CONTRACT 89-U, Acknowledge Completion/Authorize City Maintenance (Lexington Pointe 5th
P,
Addition)
r, . 33 N. STIPULATION of Settlement, Lawrence J. Wigley vs City of Eagan
1
V. 7:00 - PUBLIC HEARINGS (SALMON)
There are no public hearings.
VI. OLD BUSINESS (ORCHID)
(XL 0 A. CONSIDER Ratification of Meghan' s Addition Denial Resolution/Presentation of Survey
Results, Pulsar, Inc.
(410.-B. CONDITIONAL USE PERMIT, Eagan Auto Mall Partnership, to Allow an Automobile Service
V Station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town Centre
70 Sixth Addition Located Along Town Centre Drive in the NW 1/4 of Sec 15
,VII. NEW BUSINESS (TAN)
•
fast A. REVIEW County' s Proposed Five-Year Capital Improvement Program (1993-1997)
5 B. SPECIAL USE PERMIT, Ss. Martha and Mary Church to Allow a Temporary Vegetable Stand
P1. on an Unplatted Piece of Property Located on Parcel #10-02300-016-54 in the SW 1/4 of
Sec 23
g y-C. VARIANCE, Jeff & Diane Osterhaues, of 5' to the 30' Setback on Trotters Ridge for Lot
12, Block 2, Bridle Ridge 2nd Addition in the NE 1/4 of Sec 23
g
‘7C-D. CONDITIONAL USE PERMIT, Condura Tire Groupe, Ltd. , to Allow an Automobile Service
Station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Eagan
Convenience Center Addition Located Along the South Side of Duckwood Drive and east
of Krestwood Lane in the NW 1/4 of Sec 15
e`(, E. INTERIM USE PERMIT, R. D. Picar, to Allow a Compost and Yard Waste Facility on Outlots
P• H and I, Gopher Eagan Industrial Park 2nd Addition, Located Along the North Side of
Yankee Doodle Road, East of Mike Collins Drive in the SE 1/4 of Sec 11 and SW 1/4 of
Sec 12
Cp(D F. COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, Changing the Land Use Designation
from IND (Industrial) to P (Parks) and a REZONING, from I-1 (Light Industrial) to P
(Public Facilities/Park) for Approximately 13.01 Acres of Land, Owned by the U.S. Fish
and Wildlife Service, Located in the SE 1/4 of the SW 1/4 of Sec 18
1125G. ORDINANCE AMENDMENT, City of Eagan, to City Code Chapter 13, Entitled "Subdivision
PRegulations (Platting)" by Amending Section 13.30 Regarding Compliance with Wetland
Conservation Act for Plat Approval, and by Adopting by Reference Eagan City Code
Chapter 1 and Section 13.99
, , Ili H. ORDINANCE AMENDMENT, City of Eagan, to City Code Chapter 4, Entitled "Construction
Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks"
by Amending Section 4.30 Regarding Compliance with Wetland Conservation Act as all
Excavation Permit, and by Adopting by Reference Eagan City Code Chapter 1 and Section
4.99
n 2DI. ORDINANCE AMENDMENT, City of Eagan, to City Code Chapter 10, Entitled "Public
, Protection, Crimes and Offenses," by Amending Section 10.25 Regarding Compliance with
Wetland Conservation Statutes and Regulations, and by Adopting by Reference Eagan City
Code Chapter 1 and Section 10.99
VIII. ADDITIONAL ITEMS (GOLD)
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. ADJOURNMENT
IP
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
ID FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 28, 1992
SUBJECT: AGENDA INFORMATION FOR THE JUNE 2, 1992 CITY COUNCIL
MEETING
A. PARKS AND RECREATION DEPARTMENT
Item 1. Community Service Project/Catch Basin Stenciling--Enclosed on pages �--
through yr is a memorandum from the Parks and Recreation Department relative to the
proposed agle Scout community service project regarding water quality. As is outlined in
the memorandum, Greg McNally is a prospective Eagle Scout and is proposing to undertake
a public service project to maintain and enhance the City's water quality through the
stenciling of no-dumping messages at community catch basins. The memorandum describes
this proposal in further detail.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposal by Mr.
• McNally and Water Resources Coordinator Brasch to permit the Eagle Scout community
service project as described.
l
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: RICH BRASCH, WATER RESOURCES COORDINATOR •
DATE: MAY 26, 1992
SUBJECT: PROPOSAL TO BEGIN CATCH BASIN STENCILING EFFORT
Introduction
The City's Water Quality Management Program places a strong emphasis on public education
aimed at informing residents, City staff, businesses, and others about how to modify lawn care and
other practices to minimize impacts to lake water quality. A crucial element in this education
effort is teaching these audiences about the connection between the City's lakes and the storm
sewer system that feeds them, a connection many simply do not recognize. Recognition of this
relationship is especially important in the immediate drainage area of a lake where pollutants that
enter the storm sewer system are carried directly to the lake without being routed through
intermediate ponds to provide opportunities for settling.
Proposal
To provide a constant, visible reminder of the connection between the lakes and the storm sewer
system in the City, we are proposing the initiation of an effort to paint informative stencils near
catch basins in priority drainages. Areas targeted for the effort in 1992 would be the direct •
drainage areas of all six Class I lakes, as well as seven of the fourteen Class II lakes identified in
the City's Water Quality Management Plan. The areas covered by the stenciling effort are similar
to the areas targeted for intensified street sweeping by City maintenance crews.
Staff estimates that these areas contain a total of 1,100 catch basins, and approximately 400 person
hours would be required to stencil the catch basins. Gregory McNally, a Life Scout from Boy
Scout Troop 510 in Eagan, has chosen this project to fulfill the community service project for his
Eagle Scout award. His project proposal is attached. Greg would lead a volunteer effort by the
scouts to complete the project while City staff will provide overall direction, supplies and safety
equipment.
Council Action Requested
Approval of the City Council to proceed with the project is being requested. Greg McNally would
like to present the project to the City Council for their consideration at the June 2nd meeting, if
possible.
Rich Brasch
Water Resources Coordinator
RB/sb •
Attachment
• I ND I ANHErAD COUNCIL BOY SCOUTS OF AMERICA
EAGLE SCOUT SERVICE PROJECT PLAN OF ACTION
Requirement 5 for Eagle Scout award is simply stated:
While a Life Scout , plan and develop , and give leadership to
others in a service project helpful to your religious
institution , school or community.
This project must be approved by your Scoutmaster , Troop
Committee, and the District Advancement Committee before you
start your project.
Scout 's Name Gregory M. McNally Birthdate
Address 2146 Sapphire Lane Phone 454-7464
City Eagan State Minnesota Zip Code 55122
District Chief Little Crow Troop # Sid_'
Date of Life Board of Review
Project Title Water Quality Improvement in the City of Eagan
Planned Start Date -9 Planned Complete Date _--._
Project Description:
1 . What is your project?
„t .IK:'.c 1 5 to provide a constant visual reminder of the
connection between lakes and streams and the storm sewer
will paint informative stnnC 3. .1. ° (see sample
=enc i _. attached ) , warning people to avoid dumping water
contaminants in catch basins that drain directly into
ponds and lakes. I will provide door-to-door flyers that
will warn the people of the dangers that contaminants may
cause to the water supply system, and inform the people of
my project.
2. Who is my project for?
The City and people of Eagan via the Water Resources
Coordinator 's office, Mr. Rich Brasch.
Z. How‘ will it benefit the recipients?
The people will be made more aware of the long term
dangers to the ground water supply system from
contaminants dumped into catch basins, the City of Eagan
will save tax dollars for the actual painting and I will
provide my fellow scouts with a worth while service
project that has a long term benefit to the city.
411 -1-
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.
.
4. Who will you contact for your project approval?
Name Mr . Bruce Wagner Title District Advancement
Chairman
Name Mr. Larry Moore Title Co-Scoutmaster
Name Mr. Kevin Schwarzbauer Title Committee Chairman
Name Mr. Rich Breech Title City of Eagan Water
Resource Coordinator
Name Eagan City Council
5. How many people do you plan to recruit for this project?
Five work crews, each crew consisting of 1 Adult and two
Scouts working four hour shifts over a minimum of four
Saturdays; a total of 60 workers.
6. How do you plan to recruit , organize, and supervise them?
I will recruit the needed scouts tnrouqh a presentation of
my project at a weekly troop meeting where I will inform
the scouts of the purpose behind my project and the part
they can play by helping me. I will provide a schedule of
work days and ask them to sign up as work crews. I will •
maks personal contact with the fathers of the scouts for
each crew and request their help as supervisors and
transportation for a crew'
I wil , provide a training session (s) as needed to both
demonstrate and train the crews in the use of the paint
ano stencil materials at a weekly scout meeting.
Wztn the cooperation and approval of Mr. Rich Brasch , I
will ce+ine the areas which will be worked on a particular
Saturday , then assign a work crew or crews to a segment of
the work area. Maps will be provided with appropriate
markings identifying the streets and basins to be
stenciled.
On the assigned work day, crews will be given maps and
directions to the areas assigned , I will be a roving
supervisor checking on progress and quality of work , as
well as a supplier of additional paints, stencils,
equipment , etc .
I will arrange to meet with Mr. Brasch in the interim
period between work days, to review the quality of the
work accomplished and to determine the next area to be
stenciled. I will provide feedback to the work crews to
let them know if there are changes to be made in our
procedures.
7. Approximately how many man hours will this project take?
For organization , approval , etc. I will spend 80 hours; My
work crews will spend 280 hours; for a total of 360 man
hours.
B. List the steps necessary to complete this project.
1 . Identification and preliminary approval of the project
Feb/Mar 1992.
2. Layout a preliminary plan for approval by Mr. Brasch.
April , 1992.
3' Complete the Eagle Scout project forms, and gain the
approval of the scoutmaster , committee, and the
district advancement committee.
April 21 , 1992.
4. Complete the plan , including schedule and informative
fI �er with Mr. Brascn.
May 1 , 1992.
5' Accompanied by Mr. Brasch , present the plan to the City
Council .
411 Council .
2, 1992'
6. Present the project to Troop # 510 and request work
cr�ws.
June 9 , 1992.
7. Make_ personal contact with parents to recruit
supervisors/drivers for work crews.
June 11 , 1992.
B. Provide a training session , and schedule assignments
for the work crews.
June 20, 1992.
9' Meet with Mr. Brasch to define specific work areas for
specific schedule dates.
May 28, 1992.
10. On the scheduled work dates, assign the crews, check on
progress and quality, perform the work tasks including
area distribution of flyers, correct as needed.
Work Day #1 June 20, 1992
Work Day 42 June 27, 1992
Work Day #3 July 18, 1992
Work Day #4 July 25, 1992
-3-
•
11 . Meet with Mr. Brasch to review the completed work , get •
publicity photos, and plan the next scheduled work
areas.
Meeting will be Wednesdays following each work
Saturday.
12. Upon completion of the work , provide all work crews and
cooperating city officials with letters of thank you
for their help and assistance.
July 28, 1492.
-IT,. Provide Mr. Brasch with a after action report of
lessons learned and alternate work plan , if any for
future like work.
,.l,. _ 1992.
�V q
14. Comp.. ete_ my =.ummary report i r my Eagle service
projecr .
July 23, 1992.
9. What materials and to_o:i __ are required and how will they
be pro•. Esc .
The necessary stencils, paint cans/spray paint and paint
_ruahas will be provided by the i=i tv of Eagan , Water
_!ua . i" - Department. The city has budgeted for the
materials as part of a long range plan to inform the
public of the necessity to improve water quality through
proactive behavior on the part of its citizens.
Estimated budget cost for this years activities will be:
1 . Stencils 5. 00 each ( 10 required) 50. 00
2. Spray Paint 2. 50 per can ( 00 cans) 500. 00
7. Touch up Paint 5. 00 per can ( 10 cans) 50. 00
4. Paint brushes 2. 00 each ( 10 required)
5. Clean up material 40. 00
c. Flyers printing costs ( 1500 needed) =5. 00
7. Miscellaneous 50. 00
Total estimated cost 745. 00
Final actual costs will be determined by the ability of
the City of Eagan to buy in quantity.
•
-4- 410
10. How are you going to promote this project so it can be
accomplished?
1 . Meet with and obtain the cooperation of the Water
Quality Board , and the city council , through a
cooperative presentation of the project schedule and
method with Mr. Brasch.
2. Meet with the Troop adult leadership committee and
the scouts, to inform them of the purpose of the
project and the part they can play in completing the
project , then gain their approval and help.
Develop a informative flyer that will be placed in the
doors of persons living in the areas that are to be
marked with the warning stencils, that describes the
why of the project and their responsibilities as
citizens in helping to keep the water supply system
free from contaminants now and in the future.
11 . All Eagle service projects should be publicized. What
plans do you have to publicize yours?
1 . Presentation to the City Council , council meetings are
carried over tne local cable TV network ,
2. Door-to-door informative flyers to be placed in the
areas affected.
Publicity stories and photos in the local newspaper .
APPROVAL OF PROPOSED PROJECT
Signatures Date
-Scoutmaster
-For the Troop Committee
-District Advancement
Committee
NOTE - Not original signed copy.
1111 -5-
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NO DUMPING — Mist✓ Skinner is ar'':.� messa,°_S :n storm drains around Ash-
five youths who are �aintinc an;:-�ur-.� . ar:..
Agenda Information Memo
40 June 2, 1992 City Council Meeting
:iv^i?:4i??.vxv.W J?::?:•.ti•?Y.i•.vk•]PkJ P}?fvk•::4?
There are fourteen (14) items on the agenda referred to as Consent Items requiring one (1)
motion by the City Council. If the City Council wishes to discuss any of the items in further
detail, those items should be removed from the Consent Agenda and placed under
Additional Items unless the discussion required is brief.
PERSONNEL ITEMS
A. PERSONNEL ITEMS:
Item 1. Seasonal Utility Maintenance Workers--It is the recommendation of Superintendent
of Utilities Schwanz that Steven Wilke and Darren Wilke be employed as seasonal
maintenance workers for the coming season. Both workers are returning seasonal
employees.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Steven Wilke
and Darren Wilke as seasonal utility maintenance workers.
• Item 2. Tennis Instructors--It is the recommendation of Superintendent of Recreation
Peterson that the following persons be hired as tennis instructors for the summer recreation
program schedule: Susan Hodgson, Monica Burhow, Molly Hansen, and Melinda Cohee.
It is also the recommendation of Superintendent of Recreation Peterson that Patricia Mraz
be hired as the tennis director for the season.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Susan
Hodgson, Monica Burhow, Molly Hansen, and Melinda Cohee as tennis instructors and
Patricia Mraz as the tennis director for the 1992 summer recreation season.
•
9
Agenda Information Memo
June 2, 1992 City Council Meeting •
INSURANCE AGREEMENT EXTENSION
B. Extension of Agreement with City Insurance Representative-Enclosed on page /
is a memorandum from the Finance Department discussing the extension of the City's
current relationship with First Insurance to provide services as the City's insurance
representative under the terms defined in the memo. This arrangement has resulted in cost
savings to the City for the past two years and continues to be lower than the proposals by
competing firms as solicited by the Finance Department.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve an extension of the City's
insurance representative agreement with First Insurance.
•
1111
I
nn �
MEMO TO: CITY ADMINISTRATOR HEDGES
• FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: MAY 20, 1992
SUBJECT: CITY INSURANCE REPRESENTATIVE
In June of 1989, the City went through a rather extensive
solicitation of statements of qualifications to retain an insurance
agent/broker or insurance representative. There were five (5)
proposals submitted to the City and three firms were interviewed by
the Finance Committee along with you and I. A recommendation that
First Insurance be retained for a three (3) year period beginning
July 1, 1989, was made and subsequently approved by the City
Council.
That approval was contingent upon an agreement that First Insurance
would modify its 10% commission rate structure to cap annual
increases at no more than 5% after the first year. For the 1989 -
1990 insurance year a commission of $21,531 was paid based on a
premium of $215, 310. The next two years have been capped at
$22 , 608 and $23,738 both of which are 5% increases. Had a 10%
commission been allowed the payments would have been $23,838 and
$25, 988, consequently, the City has saved $3,480 over the two
insurance years.
First Insurance has agreed in a letter to the City to continue this
arrangement charging an annual commission of the lower of 10% of
premiums (in the event of an unforseen reduction) or a 5% increase
over the previous year.
Given the fact that the City has received good service and the
charges remain less than they would have been in the three (3) year
proposals by the other two (2) finalists it is my recommendation
that the City Council authorize an extension of the agreement with
First Insurance for another three (3) year period.
It should be noted that the premiums used to determine commissions
do not include workers compensation. The State mandated workers
compensation rate reductions will not affect First Insurance
commissions.
If you would like any additional information or if you would like .
to discuss this recommendation, please let me know.
Fin Director/City Clerk
EJV/jeh
\'\
Agenda Information Memo •
June 2, 1992 City Council Meeting
MALL OF AMERICA BUS SERVICE
C. Resolution Supporting MVTA Midday Bus Service From Eagan to the Mall of America—
Enclosed on pages 45 through is a memorandum from the Community Development
Department covering a resolution which would express the City's interest in provision of
frequent midday bus service between the City of Eagan and the Mall of America. As is
outlined in the memorandum, since the Mall of America will function as a transit hub, the
availability of this service will expand Eagan residents' opportunities to tap into the greater
metropolitan transit system as well as taking advantage of the mall and its services.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution supporting
MVTA midday bus service from Eagan to the Mall of America.
S
1
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Senior Planner,''^'
DATE: May 26, 1992
SUBJECT: Agenda Item - June 2, 1992 City Council Meeting
Resolution Supporting MVTA Midday Bus Service from Eagan
to the Mall of America
The City Council is requested to approve the attached resolution
regarding support of the Minnesota Valley Transit Authority's
(MVTA) proposal to add midday bus service in Eagan.
As noted in my memo to you dated May 14, 1992 regarding recent MVTA
activities, the MVTA Board has approved expanded bus service to
both downtown Minneapolis and downtown St. Paul. This expansion
involves midday service from the two downtowns back to MVTA cities
beginning in August 1992.
To provide this midday service, the MVTA will tap into the transit
hub to be located at the Mall of America in Bloomington. The
transit hub at the Mall will provide bus service to many
metropolitan locations, including half-hour express service from
the downtowns. MVTA patrons wishing to leave one of the downtowns
at midday will be able to take a bus from the downtowns to the
Mall. A midday MVTA shuttle bus will then pick up passengers from
the Mall and drop them at major MVTA park-and-ride sites. Some
internal circulation may also be provided after park-and-ride
drops.
A market survey recently completed by the MVTA indicated a high
demand for midday service. This demand, combined with the MVTA's
stated goal of providing efficient and expanded transit services to
local residents and business, make this service expansion a very
desirable endeavor. Funds are available in the 1992 MVTA budget to
implement this expanded service.
Currently, the operating levies are fully feathered in MVTA cities
because of the lack of midday service. With the implementation of
midday bus service operating with service frequency greater than 60
minutes to the Mall of America, the transit levy will become
partially feathered. Changes to the transit levy do not require
any formal action, specific to this change, by the MVTA or MVTA
cities. Rather, these changes are made automatically with the
applicable changes in service. However, the MVTA Board requested
that the Council of each member city acknowledge and support this
increased service and the ensuing partial unfeathering by adopting
the attached resolution.
• If you have any questions regarding this matter, please advise.
Attachment
l3
RESOLUTION NO. 92 -
A RESOLUTION APPROVING A MINNESOTA VALLEY TRANSIT AUTHORITY
PROPOSAL TO ADD MIDDAY BUS SERVICE IN THE
CITY OF EAGAN
WHEREAS, the Minnesota Valley Transit Authority (MVTA)
pursuant to Minnesota Statutes 473.384, 473.388 and 471.59 has been
established under a joint powers agreement by and among the cities
of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and
Savage, and exists as an operating public transit authority; and
WHEREAS, a proposal to add midday bus service from Eagan to
the Mall of America has been approved by the MVTA; and
WHEREAS, Minnesota Statutes define full peak and limited off-
peak bus service as "peak period regular route service plus weekday
midday regular route service at intervals longer than sixty minutes
on the route with the greatest frequency" ; and
WHEREAS, due to the lack of any midday service operated by
MVTA, the operating levies are fully feathered; and
WHEREAS, with the implementation of midday bus service
operating with service frequency of sixty-one minutes to the Mall
of America the transit tax will change from fully to partial
feathering.
NOW THEREFORE, BE IT RESOLVED that the City of Eagan does
hereby approve the following statement:
1. The City of Eagan supports decreasing demand for single-
occupancy vehicle trips in a cost effective way by strengthening
commuting alternatives.
2. The implementation of service to the Mall of America
strengthens local commuting alternatives and reinforces the
regional transit system by providing connections to other metro
areas destinations.
3. The MVTA transit system will be enhanced by providing an
expanded schedule to commuters wanting to come home midday and
persons with flexible work hours, and by providing increased travel
opportunities to destinations within and outside the MVTA service
area.
BE IT FURTHER RESOLVED that the City of Eagan has identified
transit service as one alternative to reducing reliance on the
automobile, decreasing congestion, and increasing travel
opportunities for its residents and therefore, for the
aforementioned reasons, supports the partial unfeathering of the
transit tax in the City of Eagan.
• THIS RESOLUTION passed this day of , 1992
by the City Council of the City of Eagan, Minnesota.
BY:
Thomas A. Egan, Mayor
ATTEST:
E.J. VanOverbeke, City Clerk
Agenda Information Memo •
June 2, 1992 City Council Meeting
FINAL TLAT WN CENTRE 70 TWELFTH ADDITION
D. Final Plat, Town Centre 70 Twelfth Addition—City staff and the applicant are in the
process of finalizing agreements and documentation with respect to the final plat of the
above referenced subdivision. If all items are completed in time for the City Council
meeting on Tuesday, the application will be in order for consideration by the Council. If
not, a recommendation will be made to pull this item at the time the agenda is adopted.
A copy of the plat as it appears for filing at Dakota County is enclosed on page /7 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town
Centre 70 Twelfth Addition as presented.
•
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Agenda Information Memo
•
June 2, 1992 City Council Meeting
_. AN OP •T: It I ,11 • ;_t__ let w • uki! # •
E. Recommendation,Eagan/Mendota Heights Corridor Test,Airport Relations Committee-
-Enclosed on pages \oo through . is a memorandum reflecting the recommendation of
the Airport Relations Committee with respect to the Eagan/Mendota Heights Corridor test
which was undertaken between August and October of 1991. Since that time, the Airport
Relations Committee has been waiting for MAC staff to provide detailed track information
with respect to the test. That information was provided to the committee in late April and
was discussed at the subsequent Airport Relations Committee meeting. In general terms,
the committee's recommendation is that the City reassert its expectations that the MAC and
FAA will follow current corridor procedures at a minimum, that the MAC will request that
the FAA conduct the corridor test a second time and that the airport's recently installed
automated radar tracking system be used to analyze the relative success of the test while it
is being conducted rather than five months after its completion. In this way, it is hoped that
compliance with the current corridor will be enhanced and that a clear picture of the
failures of the original test can be identified through frequent concurrent analysis of track
data.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the
Airport Relations Committee with respect to the Eagan/Mendota Heights Corridor test as
presented.
3
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DATE: MAY 21, 1992
SUBJECT: AIRPORT RELATIONS COMMITTEE RECOMMENDATION -
EAGAN/MENDOTA HEIGHTS CORRIDOR TEST
At its meeting of May 12, 1992, the Eagan Airport Relations
Committee recommended that the City Council take a position
requiring that the Metropolitan Airports Commission and Federal
Aviation Administration enforce at a minimum the current corridor
standards to keep aircraft on or north of runway centerline, that
the newly installed ANOMS automated radar tracking system be
utilized to monitor and improve compliance in this regard and
finally that the Blue Ribbon Corridor Task Force recommendation be
retested using the ANOMS system to provide regular and concurrent
data throughout the test with finetuning to occur as procedures are
in place.
The reasons for this recommendation are that the results of the
original corridor test as depicted in the attached graphic show
large numbers of aircraft well south of the target boundary and
even beyond the extended runway centerline which the FAA maintains
is the current corridor boundary. Since the aggregate track date
is difficult, if not impossible to analyze, it was the Committee's
feeling that a retest of the procedure with regular and concurrent
data would permit an instantaneous dialogue with the FAA and the
community to better identify circumstances under which the test can
be flown successfully.
Also attached is a draft letter for consideration by the Council in
this regard and the action requested by the City Council is to
approve or deny the Airport Relations Committee's recommendation
with respect to the Eagan/Mendota Heights corridor test as
presented. If you have any questions in this regard, please let me
know.
amTh4
Ass tant to the City Administrator
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MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN
3830 PILOT KNOB ROAD 3501 COACHMAN POINT Mayor
EAGAN, MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122
PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA
FAX:(612)681-4612 FAX:(612)681-4360 PAMELA McCREA
TIM PAWLENTY
THEODORE WACHTER
Council Members
June 3, 1992 THOMAS HEDGES
City Admininstrator
EUGENE VAN OVERBEKE
City Clerk
HUGH K SCHILLING
METROPOLITAN AIRPORT
COMMISSION
6040 28TH AVE SOUTH
MINNEAPOLIS MN 55450
Re: Eagan/Mendota Heights Corridor Compliance and Test
Dear Mr. Schilling:
In official action taken at its meeting of June 2, 1992, the Eagan
City Council directed correspondence relative both to current
compliance with the present corridor standards and a review of the
Eagan/Mendota Heights corridor test. First and foremost, the
Council demands that, at a minimum, current corridor standards
requiring that aircraft remain on or north of the extended center
line be complied with and that headings be issued by air traffic
control which will ensure that this standard be met such that Eagan
neighborhoods adjacent to but outside of the corridor not receive
direct overflights. It is further the request of the City that
upon becoming operational, the first priority for the ANOMS system
be the compilation of information relative to current compliance
with corridor procedures and that active discussions be carried on
with Air Traffic Control to be sure this occurs.
In the context of the position stated above, and upon review by the
City's Airport Relations Committee, the City is formally requesting
that the Blue Ribbon Corridor Task Force's recommendation for
corridor procedures be retested for a period of at least 60 days
following the establishment of base information covering the same
time period at a minimum. The reasons for this request are that
the documentation provided relative to the results of the original
corridor test from August to October of 1991 indicate that even
with test procedures in place, ATC and the pilots were clearly well
south of the target ground tracks and even south of runway center
line on a consistent and repeated basis. Further, it is clear that
0 traffic from the north runway were given headings well south of
runway center line causing that traffic to leave the corridor well
before what should ordinarily be anticipated, causing significant
THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
HUGH K SCHILLING
JUNE 3, 1992
PAGE 2
impacts in neighborhoods not previously exposed to such levels of
noise. Finally, this is essential because of the need for
concurrent data during the test covering much shorter time periods
than is available in the tracking data provided to date, and which
would be available through the ANOMS system. This latter point is
important since the six month lapse between the end of the test and
the availability of the data prevents any correlation between the
experience of residents on the ground and the track data provided.
The City realizes that the MAC went to considerable effort and
expense to initiate the original test and provide the results. The
City is extremely appreciative of that effort and does not diminish
the importance of the data. In point of fact, the value of the
data is expressed in the need to better define means by which the
procedures can be adhered to. It is the City's strong belief that
the test procedure still holds great promise but must be performed
and analyzed in an interactive and concurrent manner which will
permit fine tuning as the test proceeds to better contain traffic
on both sides of the corridor.
In taking this position, the City wishes to continue its tradition
of cooperation and interaction with the Metropolitan Airports
Commission, but these positions are stated in the strongest
possible terms to make clear their importance and the essential
need to implement them to permit the community, its residents and
the airport to coexist in a tolerable manner. Please respond to
this correspondence at your earliest opportunity. We wish to move
forward with these matters as quickly as possible and discuss any
details in their regard promptly.
If you have any questions, please do not hesitate to contact me.
Thank you in advance for your consideration of these matters.
Sincerely,
Thomas L. Hedges
City Administrator
cc: Jeff Hamiel
Nigel Finney
TLH/JDH/jeh
i
Agenda Information Memo
• June 2, 1992 City Council Meeting
NITTI DISPOSAL TEMPORARY CUP RESOLUTION
F. Resolution, Nitti Disposal Temporary Conditional Use Permit—At its meeting of May
5, 1992, the City Council approved the preparation of documents to be presented for
consent for a temporary, six month conditional use permit for Nitti Disposal for outdoor
storage in a LI (light industrial) district on Lot 8, Block 1, Sibley Terminal Industrial Park,
with the inclusion of conditions relating to: 1) the presentation of the companies financial
statements, 2) the enclosure of recycling bins by spool operated tarps and 3)the clarification
of condition 11 relating to the date by which resurfacing of the parking lot shall occur. City
staff and legal counsel have been working with the applicants since that time in and attempt
to resolve outstanding issues relative to that authorization. Enclosed on pagesaq through
Qq is a memo from Community Development Director Runkle and a resolution prepared
in this regard.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution relative to
the Nitti Disposal temporary conditional use permit as presented.
IP
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MEMORANDUM •
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
DATE: MAY 29, 1992
RE: CONDITIONAL USE PERMIT
NITTI DISPOSAL INC.
In follow-up to the May 5, 1992 City Council meeting regarding outside storage conditions
for Nitti Disposal Inc., staff has met with the owner who has agreed to fulfill the conditions
of the Conditional Use Permit.
Within the six months the City has to review the temporary covers by the tarpaulin material,
the owner has indicated he will meet with the City Council to try and resolve the other
conditions he has concern with. The owner has signed the Conditional Use agreement,
noting the following:
U he has six months for temporary covers.
U he has one year to comply with the surfacing of the parking lot.
He would like time to address any concerns within the time frame given for the Conditional
Use Permit or have the permit terminated because of non-compliance. The owner
understands the conditions and indicates he will be working to either adhere to or have the
conditions changed.
A
Community Development Director
DCR/js
a
4
Eagan City Council
Eagan, Minnesota
A regular meeting of the City Council of the City of Eagan,
Dakota County, Minnesota was duly held at the Eagan Municipal Center
located at 3830 Pilot Knob Road in the City on May 20, 1992 at 6: 30
p.m.
The following members were present: Egan, Wachter, McCrea,
Pawlenty and Awada; the following were absent: none.
introduced the following Resolution and moved its
adoption:
City of Eagan Resolution approving a conditional use permit
allowing Nitti Disposal Inc. outside storage in an L1 (light
industrial) District for the property described on Exhibit A attached
hereto and attaching conditions thereto.
WHEREAS, pursuant to Minnesota Statutes 462. 357 the City of Eagan
has adopted zoning regulations to control land uses and .performance
standards throughout the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan,
•Minnesota, that a Conditional Use Permit is hereby approved subject
to the conditions as set forth in the Conditional Use Permit attached
hereto as Exhibit A and incorporated herein by reference.
ADOPTED by the Council this day of May, 1992 .
Thomas A. Egan, Mayor
ATTEST:
E. J. VanOverbeke, Clerk
i
a
EXHIBIT A
CITY OF EAGAN CONDITIONAL USE PERMIT
WHEREAS, Nitti Disposal, Inc. a corporation
("Nitti") has applied for a conditional use permit for outside
storage in a L1 (light industrial) District; and
WHEREAS, pursuant to Minnesota Statutes 462. 3595 and the City of
Eagan Ordinances the City Council of the City of Eagan, Dakota
County, Minnesota, ("City") hereby orders the issuance of a
conditional use permit under the terms and conditions as follows:
1. Permitting a conditional use for outside storage within the
confines of an L1 (light industrial) zone. Said conditional
use permit shall apply to the following property:
Lot 8 , Block 1, Sibley Terminal Industrial
Park located west of Highway 13 , north of
Yankee Doodle Road in the southeast i of
Section 8 , Township 27, Range 23 , Dakota
County, Minnesota ("Premises") .
2 . The conditional use permit shall be valid as long as the 0
holder complies with all of the conditions as set forth in
this permit. Nitti acknowledges that it has agreed to these
conditions as its free act and deed.
Nitti, further acknowledges that failure to comply with any
of the conditions of this permit shall be cause for
revocation of the conditional use permit. Nitti acknowledges
that all of the conditions are reasonably related to its
proposed outside storage and are appropriate and reasonable
regulations of the City of Eagan.
3 . The conditional use permit shall be subject to conformance
with the Eagan City Code and with the conditions set forth
therein, to include but not limited to Section 11.40, subd.
4 .
4 . This conditional use permit shall become effective upon the
recording of said permit and the Council Resolution with the
Dakota County Recorder, with documentation of recording
provided to the City.
5. All material brought to and from the site shall be covered
while being transported.
c7R
•
6. The City of Eagan approval is subject to approval by the
Metropolitan Pollution Control Agency (MPCA) and Dakota
County, which written documentation must be filed with the
City Clerk or provide evidence that the above permits are
not required of Nitti.
7. The applicant shall record the Conditional Use Permit with
the County with proof provided to the City within 60 days of
approval by the City Council.
8. A detailed grading, drainage, erosion and sediment control
plan must be prepared in accordance with current City
standards and approved by staff prior to issuance of a
grading permit or building permit.
9. The storm sewer layout for this site shall be designed in
accordance with the City's Stormwater Management Plan and
Water Quality Management Plan.
10. The design of the upgraded parking lot shall prevent debris
from the recycling from washing into the City storm sewer.
11. Within one year of the date of issuance of this conditional
use permit, the parking lot shall be surfaced with
bituminous or concrete and the edge of the parking lot shall
be constructed with a concrete curb and gutter to contain
all vehicles and to convey surface water runoff to the
proposed storm sewer. The plans, specifications and
construction are subject to the approval of the City.
12 . All federal, state, and county guidelines shall be met.
13 . No hazardous waste shall be allowed on site.
14 . Outside storage allowed under this conditional use permit
shall be for the following recyclables only: glass, aluminum
cans, plastic containers and newspaper ("recyclables") .
15. No recyclable shall remain on the premises for a period of
longer than seven days.
16. Recyclables brought to the site shall be from residential
generators only.
17. All recyclables shall be stored in enclosures constructed
with construction grade materials as permanent structures.
The structures shall be fully enclosed as permanent
structures; , provided however that for a period of six months
from the date of the issuance of this permit, that the top
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of the enclosures may be tarpaulin. The tarpaulin shall be
affixed and cover the structure at any time that
recyclables are not being either loaded or unloaded.
IN WITNESS WHEREOF and in full agreement with the terms and
conditions as set forth, the Applicant, Nitti Disposal, Inc. agrees
to the provisions of this conditional use permit this 2/%' day of May,
1992 .
NITTA DISPOSABLE, INC. ,
a ‘e.:2.1-e'/ corporation
By: £r" /16(/`�. Gt"
Its ev.-
This permit is hereby issued subject to the conditions contained
in the permit this day of May, 1992, City of Eagan a Minnesota
municipal corporation by:
By: James L. Sturm
Its: City Planner
STATE OF MINNESOTA )
COUNTY OF )
On this ZS day of J; // 1 , 1992 , before me a Notary
Public . within l /' and for said County, personally
appeared Cl/, 7? , 1 AA,))e-'-' to me personally known, who being
by me duly sworn, did say that he is the 5EL/ -1-1'--` of
the corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors and
said Girt? J , ' " acknowledged said instrument to be the
free act and deed of the corporation.
/d//47244.74-1‘
v otary Public
$ ,. f�"D.V'OTAE?UNeTY23 /��
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this day of , 1992 , before me a Notary
Public within and for said County, personally appeared JAMES L. STURM
to me personally known, who being by me duly sworn, did say that he
is the Planner of the City of Eagan, the municipality named in the
foregoing instrument, and that the seal affixed on behalf of said
municipality by authority of its City Council and Planner
acknowledged said instrument to be the free act and deed of said
municipality.
Notary Public
(9\
1
Agenda Information Memo
June 2, 1992, City Council Meeting •
APPROVE PLANS. SPECS & COUNTY AGMTS/AUTHORIZE AD FOR BIDS
(OAKCLIFF 6TH ADDN,WOODLANDS N 2ND,WILDERNESS PONDS &
YANKEE DOODLE ROAD)
G. Contract 92-05,Approve Plans, Specs & County Agreements/Authorize Ad For Bids
(Oak Cliff 6th Addition, Woodlands North 2nd Addition, Wilderness Ponds & Yankee
Doodle Road - Utilities)--On May 19, the Council rejected the bids as being excessive
pertaining to the proposed improvements of the Woodlands North 2nd, Wilderness Ponds
& Yankee Doodle Road public improvements and authorized the readvertisement in hopes
of achieving more competitive prices. The City staff has added the proposed utility
improvements associated with the Oak Cliff 6th Addition which was approved at a public
hearing held on April 9, 1992. It is hoped that by including this additional project with the
previous ones and rebidding, the economies of scale will result in better prices.
As a part of the Oak Cliff 6th Addition, the related street improvements to Cliff Road
(County Road 32) are being performed by the County Highway Department under their
Contract 32-31. Subsequently, a cost participation agreement has been prepared between
the two agencies as it pertains to this County road work. This agreement has been reviewed
by City staff and found to be in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans,specifications and
County agreements associated with Contract 92-05 (Oak Cliff 6th, Woodlands North 2nd,
Wilderness Ponds and Yankee Doodle Road - Streets & Utilities) and authorize the
advertisement for a bid opening to be held 10:30 a.m., June 26, 1992, and authorize the
Mayor and City Clerk to execute Cost Participation Agreement No. 32-31 with Dakota
County.
APPROVE PLANS, SPECIFICATIONS & COUNTY AGMTS/AUTHORIZE AD FOR BIDS
(LONE OAK RD & EAGANDALE BLVD)
H. Project 631, Approve Plans, Specifications & County Agreement/Authorize
Advertisement For Bids (Lone Oak Road & Eagandale Boulevard - Signalization &
Intersection Improvements)--On May 19, the public hearing was closed and the project
approved which provides for the upgrading of Lone Oak Road and the related intersection
and signalization improvements with the intersection of Eagandale Boulevard. The detailed
plans and specifications have been completed and are being presented to the Council for
their consideration and approval. In addition, interagency agreements have been prepared
between the City and Dakota County for both the County Road improvement (No. 26-18)
and signal improvements (No. 92-06). These agreements have been reviewed by staff and
found to be in accordance with standard cost participation formulas and policies of both
agencies and is being forwarded for favorable Council action.
•
3 •
(Item H, Project 631, continued)
The City Attorney's Office has also reviewed the issue regarding adequate notification
associated with the public hearing for this proposed improvement and has determined that
the City has satisfactorily complied with all legal requirements.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans, specifications and
interagency agreements with Dakota County for Project 631 (Lone Oak Road & Eagandale
Boulevard - Signalization & Intersection Improvements) and authorize the Mayor and City
Clerk to execute all related agreements.
RECEIVE REPT/ORDER PUBLIC HEARING
(WESTON HILLS ADDITION)
I. Project 632, Receive Report/Order Public Hearing (Weston Hills Addition - Trunk
Utilities)--In response to a petition submitted by the developer of the proposed Weston Hills
Addition (southeast quadrant of Cliff Road and TH 3), the Council authorized the
preparation of a feasibility report to discuss the extension of trunk utilities to service this
new development. This feasibility report has now been completed and is being presented
to the Council under separate cover for their review and consideration of scheduling a
public hearing to formally present and discuss these proposed improvements and its impact
• on benefitted properties.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 632 (Weston Hills Addition - Trunk Utilities) and schedule a public hearing to be
held on July 7, 1992.
RECEIVE REPT/ORDER PUBLIC HEARING
(GREAT OAKS ADDITION)
J. Project 633, Receive Report/Order Public Hearing (Great Oaks Addition - Streets &
Utilities)--In response to a petition submitted by the developer of this subdivision located
on the west side of Elrene Road south of Trails End Road, the Council authorized the
preparation of a feasibility report. This report has now been completed and is being
presented to the City Council under separate cover for their information and consideration
of scheduling a public hearing to formally present and discuss these proposed improvements
and impact on benefitted properties.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 633 (Great Oaks Addition- Streets & Utilities) and schedule a public hearing to be
held on July 7, 1992.
•
31
Agenda Information Memo
June 2, 1992, City Council Meeting
RECEIVE PETITION/AUTHORIZE FEASIBILITY REPT
(LAKEVIEW TRAILS).
K. Project 635, Receive Petition/Authorize Feasibility Report (Lakeview Trails - Streets &
Utilities)--The staff has received a petition from the developer of the above-referenced
subdivision requesting the City to prepare a feasibility report and simultaneous preparation
of detailed plans and specifications for the installation of streets, utilities and street lights
for this development which recently received preliminary plat approval on May 20, 1992.
With this petition, the developer has guaranteed to reimburse the City for all costs incurred
for the preparation of this report and related plans/specs if, for some reason, the project
is not approved.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize
the preparation of a feasibility report and related plans and specifications for Projects 635
(Lakeview Trails - Streets & Utilities).
APPROVE CHANGE ORDER #1
(BLACKHAWK COVE LIFT STATION)
L. Contract 92-02,Approve Change Order #1 (Blackhawk Cove Lift Station - Completion
Dates)--Due to a delay in the delivery associated with a control panel and mechanical
pumps necessary to reconstruct the sanitary sewer lift station, the original contract
completion date is being revised from June 1 to July 3, 1992. There are no costs associated
with this revision to the completion date.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to
Contract 92-02 (Blackhawk Cove Lift Station - Completion Date) and authorize the Mayor
and City Clerk to execute all related documents.
ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENENCE
(LEXINGTON PTE 5TH ADDN),
M. Contract 89-U,Acknowledge Completion/Authorize City Maintenance(Lexington Pointe
5th Addition - Streets & Utilities)--Installation of public streets and utilities under the
above-referenced subdivision was performed privately by the developer under the terms of
the development agreement for the Lexington Pointe 5th Addition. This work has been
completed, inspected by City authorized personnel and reviewed by City staff and found to
be in accordance with City policies and authorize plans and specifications. It is now
appropriate for the City Council to formally acknowledge this completion and authorize
perpetual maintenance by City forces.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion and
authorize perpetual maintenance for Project 89-U, Lexington Pointe 5th Addition - Streets Ask
& Utilities, subject to warranty provisions.
Agenda Information Memo
• June 2, 1992 City Council Meeting
SETTLEMENT STIPULATION/WIGLEY
N. Stipulation of Settlement,Lawrence J.Wigley vs City of Eagan—Enclosed on pages,34
through 40) is a copy of a resolution covering a stipulation of settlement relative to the
assessment appeal of Lawrence J. Wigley relative to public improvement Project #543R.
The resolution and stipulation have been reviewed by City staff and the City Attorney and
are in order for consideration by the City Council. Also enclosed without page number is
a memorandum from the City Attorney's office relative to this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the stipulation of settlement
in the case of Lawrence J. Wigley vs. City of Eagan as presented.
i
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RESOLIITION OF CITY OF
EAGAN
ADOPTING SETTLEMENT AGREEMENT
WHEREAS, Lawrence J. Wigley and Audre Wigley are the owners of
property located in the City of Eagan with the Property
Identification No. of 10-77250-070-00 ("Subject Property") ; and
WHEREAS, on July 2, 1991, the Subject Property was assessed by
the City of Eagan for sanitary sewer lateral, water lateral,
services, storm sewer trunk and street construction as part of Public
Improvement Project No. 543R; and
WHEREAS, Lawrence J. Wigley and Audre Wigley brought an action in
District Court appealing the sum of the assessments known as Lawrence
J. Wiglev et al. v. City of Eagan, Court File No. C1-91-7933 ; and
WHEREAS, the parties have agreed to settle this dispute according
to the terms described in the attached Stipulation.
NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council
hereby adopts the attached Stipulation resolving the Lawrence J.
Wigley assessment appeal and authorizes the Mayor and City Clerk to
execute this Stipulation on the City's behalf.
CITY OF EAGAN
Dated:
By: Thomas A. Egan
Its: Mayor
ATTEST:
By: E. J. VanOverbeke
Its: City Clerk
31/
•
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
Court File No: C1-91-7933
Lawrence J. Wigley and Case Type: Special
Audre Wigley Assessment Appeal
Appellant,
v. Stipulation and Order
City of Eagan, a municipal
corporation,
Respondent.
WHEREAS, Appellants Lawrence J. Wigley and Audre Wigley
("Owners") are the owners of a parcel of land in the City of Eagan
• with a property identification number of 10-77250-070-00 with a legal
description of :
Lot 7 , Treffle Acres; ("Subject Property") and
WHEREAS, on July 2 , 1991, Respondent City of Eagan ("City")
assessed the Subject Property in the sum of $35, 653 . 99 for sanitary
sewer lateral, water lateral, services, storm sewer trunk and street
construction ("Assessments") as part of Project No. 543R; and
WHEREAS, Owners brought an action in District Court appealing the
sum of the assessments for Project 543R, known as Lawrence J. Wigley
et al. v. City of Eagan, Court File No. C1-91-7933 ; and
WHEREAS, the parties have resolved all dispute over the
Assessments against the Subject Property.
NOW, THEREFORE, the parties do hereby agree as follows:
•
1. The Assessments levied against the Subject Property for
Project No. 543R in the sum of $35, 653 .99 shall be reassessed in the
amount of $20, 000. 00.
2 . If, in the future, access to the rear 331 feet of the
Subject Property is obtained to Skyline Road (by street or driveway)
whether it be through the Subject Property itself or adjacent
property, and the Owners seek subdivision of the Subject Property or
the issuance of a building permit for the Subject Property, the Eagan
City Council shall reassess the Subject Property an additional
assessment for Project No. 543R. Owners
$5, 000 .
00
as street area asse Project
waive Notice of Hearing and Hearing of the $5, 000. 00 reassessment.
3 . The Owners shall, at the time subdivision of the Subject
Property is approved by the Eagan City Council, or, upon the issuance •
of a building permit for the Subject Property, whichever is earlier,
pay to the City the additional $5, 000. 00 assessment in a lump sum
payment for street improvement for Skyline Road.
4 . This Settlement is made without prejudice to the City's
assertion of any rights it may have in the future to claim sanitary
sewer and water connection charges upon subdivision of the Subject
Property or placement of a secoryd building on the Subject Property.
The Settlement is also without prejudice to the Owners' right to
contest any such connection charges in the event the same were made
by the City.
-2-
3 (0
•
5. The Owners shall be permitted to connect their homestead to
City water and sanitary sewer paying only the SAC, WAC, account
deposit, water meter, water treatment and plumbing permit fees.
6. The City shall direct the Dakota County Treasurer to
recompute Owners' real estate tax statement using the new assessment
figure of $20 , 000. 00.
7. The Owners waive Notice of Hearing and Hearing on the
reassessment of the Subject Property in the sum of $20, 000. 00.
8 . This Stipulation shall bind the heirs, representatives and
assigns of the parties and shall be recorded against the Subject
Property so as to run with the land.
9 . Upon the execution of this Stipulation, the Owners shall
41/ cause this action, Court File No. C1-91-7933 to be dismissed with
prejudice.
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk
Lawrence J. Wigley
• Audre Wigley
-3-
37
•
APPROVED AS TO FORM:
City Attoney's Of f 0e
Dated: /14, 2-6/ /17)-
APPROVED AS TO CONTENT:
City Finance Director
Dated:
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this day of , 1992 , before me a Notary •
Public within and for said County, personally appeared Thomas A. Egan
and E.J. VanOverbeke to me personally known, who being each by me
duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Eagan, the municipality named in the foregoing
instrument, and that the seal affixed on behalf of said municipality
by authority of its City Council and said Mayor and Clerk
acknowledged said instrument to be the free act and deed of said
municipality.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this day of , 1992 , before me a Notary
Public within and for said County, personally appeared Lawrence J.
Wigley and Audre Wigley, husband and wife to me personally known to
be the persons described in and who executed the foregoing instrument
and acknowledged that they executed the same as their free act and
deed.
•
Notary Public
-4-
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, WILCOX & SHELDON, P.A.
600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
(612) 432-3136
•
•
3°c5-
•
ORDER FOR JUDGMENT
Based upon the foregoing Stipulation entered into by and between
the City of Eagan and Lawrence J. Wigley and Audre Wigley;
IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED
ACCORDINGLY.
BY THE COURT:
Dated: , 1992
JUDGE OF DISTRICT COURT
I certify that the above constitutes a judgment of the court.
JUDGMENT ENTERED AND FILED THIS DAY OF , 1992.
(SEAL) BY THE COURT
ROGER W. SAMES
DISTRICT COURT ADMINISTRATOR •
Deputy
•
-6-
• Agenda Information Memo
June 2, 1992 City Council Meeting
IMAININTA
RATIFICATION/MEGHAN'S ADDITION DENIAL RESOLUTION/SURVEY RESULTS
A. Consider Ratification of Meghan's Addition Denial Resolution/Presentation of Survey
Results,Pulsar,Inc.--In action taken at its meeting of April 9, 1992, the City Council denied
a comprehensive guide plan amendment for the Meghan Addition and directed staff to
prepare a resolution reflecting the findings in that regard and return it for consideration and
ratification at a subsequent meeting. When this item was presented for ratification at the
May 5, 1992 City Council meeting, correspondence was received of Mark Parranto on behalf
of Pulsar, Inc. indicating an intent to distribute a survey to the neighborhood, including
information relative to modifications which have been made to the project to minimize
impacts on surrounding single family residential. A copy of that letter is enclosed on pages
Lk 2-through 41 for your review cove '11 the survey as it was distributed by Mary
Anderson Homes. Also enclosed on pages . through Z,,,/is a letter covering the results
of the survey dated May 28, 1992. The letter indicates that 65 of the 175 surveys distributed
were returned and that 53 of those respondents preferred owner occupied multi-family to
seven who preferred a commercial development and five who preferred neither type of
development. The applicant wishes the Council to consider this information prior to the
ratification of the resolution in the event that the City Council wishes to review or
reconsider its original action in this regard.
Since only the ratification of the denial resolution has been noticed on Tuesday's agenda,
any wish on the part of the Council to reconsider would require that the item be placed
back on the City Council agenda for future consideration of the application on its merits in
light of additional information.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a ratification of the
Meghan's Addition Denial Resolution as presented.
D L-Vi> skA-s'-`14s
(5) yAk OW/S.4C'‘.
•
qt
PULSAR, INC. T (E (c; r
3914 Cedarvale Drive, Eagan,MN 55122 i 1 1--------LI - s
(612)454-1600 FAX(612)454-8943
.I' MAY 410:;2
May 5, 1992
Mr.Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re; Meghan's Addition
Dear Tom,
It has come to our attention that there were some misunderstandings at the City Council meeting
when our application for rezoning and preliminary plat were turned down by the Council. We
believe that the petition was presented as containing 150 names from the neighborhood.We have
examined the petition,and find that it is far short of that number. In fact, of the 18 homes adjacent
to the subject property,9 had representation,and 9 did not.This would indicated that the
neighborhood was at least divided on the issue, not unanimously opposed. III
We have sent out a survey to most of the neighborhood. A copy of this survey is enclosed for your
review. We have also revised the plan for the preliminary plat. A copy of the plat and the building
elevation is being sent to all of the neighbors. The new plat does not reduce the number of units,
but it does move them around. The buildings have been shifted away form the adjoining property
by an additional 10 feet. They have also changed location,and the pond has been moved, so
that now there are only 5 buildings,or 10 residential units, adjacent to the neighbors.
We request that the City Council delay the formal adoption of the resolution for denial of the
Meghan's Addition plat until we have a chance to receive the return of the survey from the
neighbors. Please table the item until the first meeting in June. We will share the results of the
survey with you, no matter what the final results.Thank You.
Sincere! ,
Ma Parranto
MSP/sah
•
4'';.
Ma
• Anderson Homes
•
Since 1952 Your Key To Housing Value irM
April 29, 1992
Dear Resident of Eagan:
We are in the process of planning an owner occupied
residential development called the Court Homes of Carrolwood. This
development is proposed on a 10.5 acre site on Diffley and Nichols
Road. The property is now zoned for commercial use. We are asking
for a down zoning to multiple family, residential use, making our
proposal more compatible with the single family homes to the east
and south. This proposal is not a high density rental property but
medium density owner occupied. Eagan city staff has endorsed this
proposal and recommends its approval . The City Council does not
believe that another strip mall is needed in Eagan. Previous strip
malls have contained on and off liquor sale, video rentals,
arcades, fast food restaurants, convenience stores such as 7-11 ,
which are natural attraction for kids. A strip mall would most
likely be approximately 50, 000 square feet with very little if any
green space to add to the beauty of the neighborhood. Statistics
show a strip mall would create 5, 000 vehicle trips per day compared
to a residential area, which would create 500 vehicle trips per
day. The heavy traffic from a strip mall would put added vehicle
traffic on Diffley and Nichols Road. We believe a commercial site
would have _a negative impact on your residential area and could
affect your resale values.
Our proposed units average 1060 square feet and are built with
high quality standards. The exteriors are professionally designed
and decorated adding to the beauty of the neighborhood. The
grounds are professionally landscaped with sprinkler systems
installed to maintain their beauty all summer long. An Association
and Board of Directors will be formed to ensure proper maintenance
of these homes. Our market studies show there will be 2000 new
families in this area by 1995 creating a need for more homes in
this area. The average income for buyers in this market is
$45, 000 . 00 so you can see that they are a well qualified high
quality buyer. The average number of children for the targeted
buyer is .20 children per family or 18 children in this
development . The area schools have said that this small number of
children will not have an adverse effect on the local schools.
•
8901 Lyndale Avenue South • Bloomington, MN 55420 • Tel. (612) 881-2661 • Fax (612) 881-1391 Lic. #0001371
410
page 2 -
I have enclosed a picture of the court homes for your
inspection. We would very much like to have your opinion on which
land use you would prefer to see developed in your neighborhood
either commercial or 88 residential units. Single family homes are
not an alternative because of the price of the land and its
location. The seller has reduced their price, so a development is
eminent in the near future. A strip mall was approved a few years
ago and commercial developers are looking seriously at it again.
We would like to work with you and the City of Eagan to bring a
Mary Anderson community next to you.
We have revised the building layout to lower the density and
increase the green space where this property adjoins the single
family homes to the south and east . I think this is an excellent
proposal , and I am asking for your serious consideration.
Please mark your preference and return it to me so we can
proceed with our residential proposal or the developer can proceed
with his commercial plans.
Please call me if , you have any further questions. Thank you
for taking the time to mark and return the survey.
Sincerely,
MARV ANDERSON OMES, INC.
Gary C.rant
Vice President/Construction
GCG:slw
411
Anderson Homes
Since 1952 Your Kev To Housing[value TAI
PLEASE CHECK THE PROPOSAL THAT YOU WOULD PREFER IN YOUR
NEIGHBORHOOD.
Owner occupied residential multi-family.
Commercial buildings such as the strip mall
previously approved.
•
NAME:
ADDRESS:
•
ll�
8901 Lyndale Avenue South • Bloomington, MN 55420 Tel. (612) 881-2661 Fax (612) 881-1391 Lic. #0001371
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411gb
•
PULSAR, INC. •
3914 Cedarvale Drive, Eagan,MN 55122
(612)454-1600 FAX(612)454-8943
May 28, 1992
Mr. Thomas Hedges, City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Meghans Addition
Dear Tom:
We have received a substantial number of replies to the survey sent out
regarding Meghans Addition at the intersection of Nicols and Diffley Roads.
To date, we have received 65 replies. A total of 175 surveys were sent
out. This is a 37 percent return ratio which is considered excellent under
normal mass mailing standards. Each survey was sent in the same format •
that was presented to you in my letter of May 5. A return self-addressed
and stamped envelope was included with each survey. Shown below are the
results of the surveys returned.
Responses Preference
81 .5 53 Owner-Occupied/Multi-Family
10.8 7 Commercial
7.7 5 Neither
100.0 65
A copy of each of the response sheets will be made available for your
review should you request it.
Based upon our survey and analysis of information that was originally
presented to the City, we believe that the neighborhood opposition is far
less than was indicated to the City at the Council meeting. We request,
•
• May 28, 1992
Thomas Hedges
Page 2
therefore, that the City Council not ratify its previous motion for denial .
We request that the Council move to reconsider the question.
I will be at the meeting Tuesday together with representatives of Mary
Anderson Homes to answer any questions that the Council may have. Your
attention is appreciated.
Sincerely,
Mark S. Parranto
MSP/sah
•
•
L_VN
CITY OP EAGAN
RESOLUTION DENYING PULSAR INC.•S APPLICATi0N FOR A COMPREHENSIVE
GUIDEPLAN AMENDMENT FROM NB (NEIGHBORHOOD BUSINESS) TO D-III (MIXED
RESIDENTIAL) ON PROPERTY ALONG THE SOUTH 6/DE OP DIPFLEY ROAD AND THE
EAST SIDE OF NICOLS ROAD IN THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 27, RANGE 23.
WHEREAS, a public hearing was held before the Advisory Planning
Commission on February 25, 1992, to consider an application for a
* Comprehensive Guide Plan Amendment from (Neighborhood Business) to
D-III Mixed Residential and a rezoning of approximately 11 acres from
NB (Neighborhood Business) to R-4 (Multiple) and a preliminary plat
consisting of 13 lots and 104 units along the south side of Diffley
Road and the east side of Nicole Road on the northeast quarter of
Section 30; and
WHEREAS, the Advisory Planning Commission recommended approval of
the Comprehensive Guide Plan Amendment but recommend a denial of the
rezoning and preliminary plat; and
WHEREAS, this matter was heard before the Eagan City Council at •
its regular scheduled meeting of March 17,1992, wherein the matter
was continued to the April 9, 1992, regularly scheduled meeting; and
WHEREAS, these applications were then heard by the City Council
on April 9, 1992; and
WHEREAS, at the April 9, 1992, meeting the Council took testimony
from all interested parties and considered the matter in conjunction
with all of the files, records and prior proceedings.
NOW, THEREFORE, based on the foregoing be it resolved by the City
Council of the City of Eagan, Dakota County, Minnesota to deny Pulsar
Inc. 's application for an amendment to the Comprehensive Guide Plan
to change the classification located along the south side of Piffley
Road and the east side of Nicola Road in the northeast quarter or
Section 30, Township 27, Range 23 from NB to D-III based on the
following:
1. Lack of neighborhood support for the change from MB
(Neighborhood Business) to D-III (Mixed Residential) .
2. That the Council found that there was sufficient Boning of
both multi-family residential and commercial within the City and that
there was no compelling reason to amend the Comprehensive Land Use
Guide Plan.
. •
LIM 91;lr NIXrEF6 2 ?CO1IM'1 9'135 £T:60 a6. OE Web
w •
BE IT RESOLVED, upon motion by Pawlenty, second by Amada, the
Eagan city Council did approve a motion to deny a Comprehensive Guide
Plan Amendment from NB (Neighborhood Business) to D-III (Mixed
Residential) . (vote 4-1)
Dated: , 1992. CITY OF EAGAN
By: Tom Egan
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk
•
•
•
•
5-(
Zed 90£ 1,03136 Z ?CEYTIM•1 135 VT:60 Ls. 0[ ?kb
Agenda Information Memo
•
June 2, 1992 City Council Meeting
CONDITIONAL USE PERMIT/EAGAN AUTO MALL PARTNERSHIP
B. Conditional Use Permit,Eagan Auto Mall Partnership,to Allow an Automobile Service
Station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town Centre
70 Sixth Addition Located Along Town Centre Drive in the Northwest Quarter of Section
15--In action taken at its meeting of May 5, 1992, the City Council denied a conditional use
permit for ABRA Auto Body to allow expansion of that company's facility to permit on-site
auto body repair. A copy of the Community Development Department staff report is
enclosed on pages` 3 through 52 for background. Also enclosed on pages 40through
3 are copies of the Advisory Planning Commission and City Council minutes with
respect to this item.
Subsequent to this action, at the City Council meeting of May 20, 1992, representatives of
ABRA appeared and th item be scheduled 2,
City Council Auto Body agenda for purposes requested of reconsiderationat the . The applicant for indicated the June that the
purpose of this request was an effort to exhaust administrative remedies relative to the
action and in light of a discussion and facts presented by ABRA at that time. For a review
of discussion at that meeting, please refer to the May 20, 1992 City Council minutes which
are enclosed with the packet.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a reconsideration
of the conditional use permit denial for the Eagan Auto Mall Partnership to allow an
automobile service station in a CSC (Community Shopping Center) District on Lot 1,Block
1, Town Centre 70 Sixth Addition located along Town Centre Drive and, if reconsidered,
to approve or deny the conditional use permit for the purpose indicated.
50)-
•
• SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: EAGAN AUTO MALL PARTNERSHIP
LOCATION: LOT 1,BLOCK 1,TOWN CENTRE 70 6TH
(NW 1/4 OF SECTION 15)
EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC)
DATE OF PUBLIC HEARING: APRIL 28, 1992
DATE OF REPORT: APRIL 16, 1992
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Conditional
Use Permit to allow vehicle repair/service in a (CSC) Community Shopping Center district.
LOCATION: The Conditional Use Permit is being sought for the Eagan Auto Mall and
tenant, ABRA Autobody, located at the NE intersection of Pilot Knob Road (County Road
. 31) and Duckwood Drive.
BACKGROUND: The auto mall was granted Final Plat approval in October 1986. The
Owner (Midwest Management) provided the City a list of proposed auto mall tenants
specializing in general service needs,transmission work,rustproofing,and glass replacement,
and explained the main purpose of the auto mall was to create a shopping center motif
instead of a service garage. The City Code allows auto repair service as a Conditional Use
Permit in the NB, GB, and CSC zoning districts and major auto repair as a permitted use
in the Industrial zoning district. Major auto repair includes engine rebuilding, body work,
frame work, welding, and painting.
ABRA Autobody has been in business at the.auto mall since 1989 and has two locations in
Eagan. The 1,500 sq.ft.Town Centre Drive location provides insurance and claims estimate
service, while the actual repair work takes place at the approximately 10,000 sq. ft. ABRA
facility in an Industrial zoning district located at the Lone Oak Business Center along the
south side of Lone Oak Road, west of Neil Armstrong Boulevard.
COMMENTS: ABRA believes consolidating its business in approximately 7,000 sq. ft. of
space at the auto mall will allow for a more efficient operation. This combination will give
the auto mall 100% occupancy. The applicant has stated that no more than 12 customer
vehicles will be parked outside at any time and all severely-damaged vehicles parked outside
will be screened with a tarp or canvas cover. The exact location of this parking area has not •
been determined. The applicant believes the grade differential between the building and
Pilot Knob Road will provide adequate screening for customer parking, however additional
landscaping materials may provide.a more appropriate and permanent screen.
5-5 •
FINANCIAL OBLIGATION • 1S-CU-8.4-92 Eagan Auto Mail
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 Use Rate Quantity Amount
None 12
•
If approved, this Conditional Use Permit shall be subject to the following:
1. No outside storage will be allowed.
2. Damaged vehicles will not he parked outside overnight.
3. Staff shall review and approve appropriate screening measures. •
4. This Conditional Use Permit shall be recorded with the Dakota County Recorder
within @) days of Council approval.
5. All applicable City Codes.
•
•
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Transmission
-bra
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Super
All Imports America
2000 s.f. 2500 s.f.
3000 s.f.
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restone
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•
Jiffy Lull) :
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•
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•
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DWEST��AU`0 MALL
SITE PLA.1
Eaacn, MN NOT TO SCA
6-7
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c 2000 s.f.
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bra
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America
2500 s.f.
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ALL
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restcne
5u0 s.f.
Jiffy Lub
2600 s.f.
.- •
Co.∎:IG RATION Total GLA - 28,371 s.f. •
`v 1DWEST AUTO MALL
S;TE PLAN
Eacan , MN
NOT TO SCALE
•
•
•
"?• Federal and Com •
_
Yonkee Square Office II. 3470 Washington Drive•Suite 102•Eogon.Minnesoto 55122
Tel. 612.452-3303 FAX 612-452-3362
April 21, 1992
•
Chairman Voracek and
Members of the Eagan Planning Commission
Eagan City Hall
3830 Pilot Knob Road
Eagan, MN 55123
• Dear Chairman Voracek and Members of the Eagan Planning Commission:
Federal land Company has received notification of a Public Hearing scheduled for April 28, 1992,
regarding a conditional use permit being sought by the Eagan Auto Mall Partnership at Town
Centre - Eagan. It is our understanding that Eagan Auto Mall Partnership is proposing to open
a body shop in the Eagan Auto Mall. Federal Lind Company is opposed to the granting of a
conditional use permit for and the operation of a body shop in the Auto Mall.
IIIPrior to selling the land for the Eagan Auto Mall there was an understanding that no body shop
•
would be located in the Auto Mall. This is evidenced by the fact that the Abbra facility was set
up solely for the purpose of providing estimates for body repair work. The actual body work
was to be done at another location. The property on which the Eagan Auto Mall is located is
zoned "CSC". Under a CSC zoning classification an Automobile Service Station is allowed as a
conditional use where service bays are provided for 'minor repairs and service only' and are
'designed to serve adjoining residents" The City Code defines Automobile Repair - Minor as
follows:
"The replacement of any part or repair of any part which does not require removal
of the engine head or pan,engine transmission or differential;inddental body and
fender work, minor painting and upholstering service. Above stated is applied to
passenger automobiles and trucks not in escess of 7,000 pounds gross weight.'
The City Code defines Automobile Repair•Major as follows:
General repair,rebuilding,or reconditioning of engines,motor vehicles or wailer, .
including body work, framework,welding and major painting service.'
Therefore, the City Code clearly makes a distinction between minor repair work (such as oil
changes,engine tune-ups and minor automobile maintenance work)and major repair work,(such
as is involved with a body shop). Major repair work is not allowed,even with a conditional use
•
• under the Eagan City Code in a CSC toned area.
57
•
AM 29 9Q 13:20 SEUERSON.W l LCm< L SI-ELDON 3813 FM4
•
Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES
APRIL 28, 1992
•
CONDITIONAL USA PARNIT
MAX AUTO MALL PARTNARSEZP
Chairman Voracek opened the next public hearing of the evening
regarding a Conditional Use Permit to allow an automobile service
station in a CSC (Community Shopping Center) district on Lot 1, Block
1, Town Centre 70 Sixth Addition located along Town Centre Drive in
the NW 1/4 of Section 15.
City Planner Sturm stated that with the original preliminary plat
tha pLL1a,viic vt Lhw wuLv mall war, Lc; urcaLt a rhupping canter
image instead of a service garage. He stated that ABRA has two
locations in Ragan - one on Town Centre Drive that provides estimates
and claims service and another on Lone Oak Road that does the actual
repair work. Mr. Sturm mentioned that Federal Land Company sent a
letter to the City stating their opposition to the application.
Doug Sailor, a representative of Midwest Management, gave the
background and history of auto malls. Me stated that it is
inconvenient for ABRA's customers to have to go to two locations to
get their vehicle repaired. Mr. Sailor commented that ABRA is •�
different from other auto shops in that it is very clean.
Jim Benson, a representative of ABRA, related the history of ABRA
Autobody. He also stated that typically what will occur is that a
customer will come in, get an estimate, and will schedule a time for
the vehicle to be repaired. On the scheduled date, the damaged parts
will be removed, replaced and painted. Mr. Benson felt that this use
meets all conditions and language within the City Code.
Wayne McPherson, owner of ABRA, stated that ABRA is very
professional and that cleanliness reports are done every month. He
felt that ABRA is a vary good neighbor and has a very good
reputation. He stated that ABRA deals with minor damage, not major
damage.
Charles Bartholdi, a representative of Federal Land Company,
stated that they oppose the application because:
(1) When the property was initially sold it was understood that
there would be no auto shop on the premises. This application
will create noise and is not compatible with a retail image.
(2) This site is zoned CSC and the Boning code does not allow an
auto shop on the premises. Re stated that only "minor repair" is
allowed and what ABRA is proposing is major repair. .
•
(3) Aesthetics.
APR 29 '92 i3:20 SEUER50N.WILCOit 3 9-E DW 300 P05
Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES
APRIL 28, 1992
Steve Smith, owner of Mermaid Car Wash, stated that be is in
favor of the application.
Mr. McPherson mentioned that they are proposing 17 bays, one of -
which is a painting bay.
Member Griggs asked how the excess paint would be disposed of.
Mr. McPherson answered that ABRA is heavily regulated by the
government and that the excess paint is removed by trained people. Me
said that they have very little excess and that it is recyclable. Mr.
McPherson further stated that ABRA has no problem with the conditions
proposed and, in fact, no vehicles will be stored outside.
Member Merkley requested that condition #2 be amended to not
allow outdoor storage of damaged vehicles at any time.
Members Graves and Miller stated that they were in favor of the
application.
Merkley moved, Graves seconded, the motion to approve a
Conditional Use Permit to allow an automobile service station in a
• CSC (Community Shopping Center) district on Lot 1, Block 1, Town
Centre 70 Sixth Addition located along Town Centre Drive in the NW
1/4 of Section 15, subject to the following conditions:
1. No outside storage will be allowed.
2. Damaged vehicles will not be parked outside.
•
3. staff shall review and approve appropriate screening
measures.
4. This Conditional Use Permit shall be recorded with the
Dakota County Recorder within 60 days of Council approval.
5. All applicable City Codes.
All voted in favor, except Voracek who opposed. Approved 6-1.
•
Cp(
Page 10/EAGAN CITY COUNCIL MINUTES •
May 5, 1992
Community Development Runkle advised the Council that all proceeds from the sale would go to the Robert
B. Lewis House.
Bob Lane, President of the Exchange Club,was present and asked that the fee for the application be
waived. Councilmember McCrea said that while the Council would like to waive the fee for charitable
organizations,there are administrative costs associated with the applications that must be offset at least partially
by such fees.
McCrea moved,Wachter seconded,a motion to approve a special use permit for the Minnesota Valley
Exchange Club to allow a one-day hot dog and pop sale at the Cub Food Store located in the SW 1/4 of Section
29 and subject to the following conditions:
1. The permit is valid May 16, 1992 or June 6, 1992, as a rain day only.
2. Equipment will not be set up prior to May 16, 1992, and must be removed no later than May .
17, 1992.
3. The sales operation, including customers, will not be located in any drive aisle or designated
parking area.
4. All applicable City ordinances.
Aye: 5 Nay: 0 •
INTERIM USE PERMIT/JAMES BARKER
Mayor Egan introduced this item as an Interim Use Permit for James Barker,to allow horses in an R-1
(Single Family)District located on Parcel 010-83 along the east side of Thomas Lake Road,north of Cliff Road
in the SE 1/4 of Section 28. City Administrator Hedges advised the Council that the assessment agreements
associated with this application are to be recorded with the County. The applicant,James Barker,was present
to answer any questions.
McCrea moved,Awada seconded, a motion to approve an interim use permit for James M.Barker for
property located at 4550 Thomas Lake Road to permit the keeping of horses in a single family district and
subject to the following conditions:
1. This permit shall expire 10 years after the date of approval.
2. The permit holder shall prevent any surface water runoff from animal holding areas on the
premises from reaching either Thomas Lake or the City's storm sewer system.
3. This permit shall be reviewed annually.
4. A limit of five horses.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/EAGAN AUTO MALL PARTNERSHIP
Mayor Egan introduced this item as a Conditional Use Permit for the Eagan Auto Mall Partnership, S
to allow an automobile service station in a CSC(Community Shopping Center)District on Lot 1,Block 1,Town
lJ�
• Page 11/EAGAN CITY COUNCIL MINUTES
May 5, 1992
Centre 70 Sixth Addition located along Town Centre Drive in the NW 1/4 of Section 15. Director of Community
Development Runkle explained the application and noted a concern of the Advisory Planning Commission
dealing with outside storage. He said the applicants have agreed to permit no outside storage and to store all
vehicles inside. Mr. Runkle said that objections to the application had been received from Federal Land
Company.
Doug Sailor,Midwest Management,was present to answer questions and said their company had agreed
and would conform to all conditions.
Charles Bartholdi,representing Federal Land Company,voiced his company's opposition to the permit.
He said ABRA's application was for a body shop and body shops belong in industrially zoned areas. Mr.
Bartholdi noted the City Code definitions of"auto repair major" and"auto repair minor," and said he did not
believe body shops were allowed in the Auto Mall. Additionally,he was concerned that since Conditional Use
Permits run with the land, the next tenant may not be as neat and clean or high-tech as ABRA. Mr. Bartholdi
said that when the Eagan Auto Mall was established,ABRA was only to do estimating at this location. Nothing
is in writing, however, as Federal Land believed they could rely on the City Code's definition of what would be
permitted in a CSC (Community Shopping Center) district.
Steve Smith, Mermaid Car Wash, said ABRA had been a good neighbor and he was in favor of the
application as long as all cars were stored inside.
In answer to a question, City Attorney Sheldon said the City Code does not define or make provision
for an service station as a permitted use. He said it would be up to City Council to interpret whether ABRA's
• proposal would be the same or similar to an auto service center.
Mr. Sailor said ABRA was a quality tenant and noted that the majority of the work performed at this
location would be under $1000. In addition, he wished to point out that while the conditional use permit runs
with the land, so do the conditions of approval. Mr. Sailor said that all shops in the auto mall are automotive
in nature thereby limiting the number of tenants that can be attracted to the center. Councilmember McCrea
asked where cars were to be stored and Mr. Sailor said that when the cars are ready to be picked up they will
be parked in the employee parking area. If they are to remain overnight, they will be stored inside at their
facility or with one of the other tenants with whom they have an agreement.
Mayor Egan said the auto mall location is another of the City's gateways and this use may jeopardize
some of the other businesses in the area. He also expressed concerns that because the permit runs with the land
that.ABRA's successor may not share the same philosophy and the City may be left with an undesirable tenant.
Councilmember Wachter pointed out that the City Council had made an agreement with the neighboring
property owners at the outset of the mall that this type of use would not be permitted. He said he could not
justify changing his vote now. Mayor Egan said approving a business devoted to major auto repair would signal
a major change in the type of tenants permitted in the auto mall.
After additional discussion,Wachter moved,Awada seconded,a motion to deny a conditional use permit
to allow an automobile service station in a CSC(Community Shopping Center)district on Lot 1,Block 1,Town
Centre 70 Sixth Addition. Aye: 5 Nay. 0
PLANNED DEVELOPMENT AMENDMENTS/CRAY RESEARCH
Mayor Egan introduced this item as Planned Development Amendments for Cray Research,eliminating
• approximately 21 acres from the Laukka Beck Planned Development and adding it to the Cray Research Planned
Development located north of Lone Oak Road in the South 1/2 of Section 1.
(e 3
Agenda Information Memo
June 2, 1992, City Council Meeting
IEW.BUSINESS
....................................................
....................................................
....................................................
....................................................
A. Review County's Proposed 5-Year Capital Improvement Program (1993-1997)--On May
11, the City received a request from Dakota County to review their existing '92-'96 CIP and
provide any suggestions or modifications that should be taken into consideration for the
County's '93-'97 CIP. On May 15, this 5-Year CIP review request was distributed to the
Engineering, Parks/Recreation and Community Development Departments for review. As
of this date, only Engineering has comments for consideration. With a response request by
June 15, this is being provided to the City Council for their consideration on June 2. That
portion of the County's current ('92-'96) CIP that impacts the City of Eagan is identified as
follows:
COUNTY ROADS
YR. ROAD SEGMENT IMPROVEMENT
1992 Cliff Road Cedar Freeway to I-35E 4-lane divided
1992 Diffley Road Hilltop Addn. to TH 3 4-lane divided
with signals at Lexington
aA et Braddock
*1992 Cliff Rd. Slater Rd. to Burnsville 4-lane divided
1992 Lone Oak Rd. Eagan Ave. to I-35E Turns lanes with
signals at Eagandale Blvd.
1993 Lone Oak Rd. Lexington Ave. to TH 149/55 4-lane divided
with signals at Lexington
1994 Yankee Doodle Rd. Lexington Ave. to TH 149 4-lane divided
1994 Yankee Doodle Rd. TH 149 to Inver Grove Heights 2-lane rural
1995 Lone Oak Rd. TH 55 to Inver Grove Heights 4-lane divided
1995 Cliff Rd. ChesMar Dr. to Lexington Ave. 4-lane divided
4
SIGNALS
• Pc
YR. IMPROVEMENT
1992 Diffley and Nicols Road `l
1993 Yankee Doodle Road @ TH 149 -W`s s
1994 Pilot Knob Road @ Corporate Center Drive ` _`^" .4
1994 Lexington Avenue @ Wescott Road C -e— 4,
1995 Pilot Knob Road @ Wescott Road \
•
(.0 4
(Item A, County's Proposed 5-Year CIP, continued)
BIKEWAYS
YR. ROAD SEGMENT
1992 Lone Oak Rd. Pilot Knob to Eagandale Boulevard north side
1993 Lone Oak Rd. Lexington Ave. to TH 55 north side
1995 Cliff Rd. ChesMar Dr. to Lexington Ave. south side
With the exception of the proposed signal in 1992 on Yankee Doodle Road at TH 149, the
above 5-Year CIP conforms to the City adopted 5-Year CIP ('92-'96). Evidently, Dakota
County just recently added this signal improvement for '92. However, recent discussions
with the County traffic engineer indicates that they would not initiate this signal project but
merely provide their funding in '92. Also enclosed on pages (,Ce through .7 is a
petition with several signatures received by staff on May 29 requesting a signal on Yankee
Doodle at TH 149. Additional information will be provided with the Administrative Packet
regarding this signal.
The following are staffs recommendations for additions and modifications:
ROADWAYS
None
SIGNALS
Action Year Location
Delay 1992 to 1994 Yankee Doodle Rd. @ TH 149 (to coincide with the
proposed road improvement)
*New addition 1994 Cliff Rd. @ TH 3
New addition 1996 Pilot Knob Rd. @ Towerview Rd.
New addition 1996 Diffley Rd. @ Rahn Rd.
BIKEWAYS
None
Staff will be available to further discuss this information in further detail as the Council may
desire.
ACTION TO BE CONSIDERED ON THIS ITEM: To review the Dakota County 5-Year
CIP (1992-1996) and approve/modify as necessary for 1993-1997.
Cp J
•
410 May 28, 1992
Mr. Tom Colbert
Public Works Director
Eagan City Hall
3830 Pilot Knob Road
Eagan , MN 55122
Dear Mr. Colbert :
The attached signatures is a petition from the concerned
citizens who reside and work in the area of Highway 149 and
Yankee Doodle Roads. We are requesting the installation of
a traffic signal at this intersection as a top priority
item. As you are well aware, with the new West Publishing
facility and the increased UPS traffic, access to Highway
149 to and from our neighborhood has become increasingly
hazardous.
It has been brought to our attention that Mn Dot has not
budgeted a traffic signal until at least the year 1995. With
the increased revenues that the city and county are
receiving from the numerous businesses being developed in
this area, we feel it should be their responsibility to make
this a safe intersection as soon as possible.
We appreciate any help you can give us regarding this
problem.
Sincerely ,
Concerned residents
of the attached petition
r .
THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER
OF YANK:EE DOODLE AND HWY 149 .
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• NAME ADDRESS
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NAME ADDRESS •
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THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER
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NAME ADDRESS
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6
Agenda Information Memo
June 2, 1992 City Council Meeting
SPECIAL USE PERMIT/SS MARTHA AND MARY CHURCH
TEMPORARY VEGETABLE STAND
B. Special Use Permit, Ss. Martha and Mary Church to Allow a Temporary Vegetable
Stand on an Unplatted Piece of Property Located on Parcel #10-02300-016-54 in the SW
1/4 of Sec 23--An application has been received of Ss. Martha and March Church for a
special use permit to allow a temporary vegetable stand at the NE corner of Diffley Road
and Lexington Avenue. For additional information with respect to this application, please
refer to the C9kmmunity Development Department staff report which is enclosed on pages
Othrough ) for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit
for Ss. Martha and Mary Church to allow a temporary vegetable stand on unplatted church
property as presented.
S
• SUBJECT: SPECIAL USE PERMIT
APPLICANT: STS. MARTHA & MARY CHURCH
LOCATION: SW QUARTER SECTION 23
EXISTING ZONING: P (PUBLIC FACILITY)
DATE OF PUBLIC HEARING: JUNE 2, 1992
DATE OF REPORT: MAY 26, 1992
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow a temporary vegetable stand on unplatted church property at the NE corner
of I)iff ley Road (County Road 30) and Lexington Avenue (County Road 43).
COMMENTS: The applicant would like to conduct a temporary vegetable stand as a
fundraiser from July through September 1992. The stand will be operated by Gary Pahl and
will be open from 10:00 a.m. - 6:00 p.m. six days a week. The church will receive 10% of
• the profits. The Pahl family has a farm operation in Apple Valley and operates a similar
stand there known as "Pah� 1s _Mar et".
The proposed 12___x 20' stand will be portable and gravel will be brought to the site to create
a temporary parking area for approximately 10 cars. The parking area must be set back a
minimum of 20' from all property lines. Access to the stand will be provided by an
unimproved direct access from the county road. This will require Dakota County approval.
If approved, this Special Use Permit shall be subject to the following:
1. The applicant shall provide City staff written access approval from Dakota County
prior to any site preparation.
2. The parking area shall be set back a minimum of 20' from all property lines.
3. All signage shall meet Sign Code requirements and be subject to the one-time fee
of $2.50/sq. ft.
4. This permit is temporary and shall expire October 1, 1992.
5. All other applicable City codes.
•
31
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Agenda Information Memo
• June 2, 1992 City Council Meeting
SETBACK VARIANCE/OSTERHAUES/TRO1TERS RIDGE
C. Variance,Jeff and Diane Osterhaues, of 5' to the 30' Setback on Trotters Ridge for Lot
12, ',Block 2, Bridle Ridge 2nd Addition in the NE 1/4 of Sec 23--An application has been
received of Jeff and Diane Osterhaues requesting a 5' variance from the 30' setback from
Trotter's Ridge, a residential street located in the Bridle Ridge 2nd Addition. For
additional information with respect to this application, please regr to the Comm4nity
Development Department staff report which is enclosed on pages through fffor
your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 5' to
the 30' setback from Trotter's Ridge for Jeff and Diane Osterhaues on Lot 12, Block 2,
Bridle Ridge 2nd Addition as presented.
•
•
SUBJECT: VARIANCE
APPLICANT: JEFF & DIANE OSTERHUES III
LOCATION: NE QUARTER SECTION 23
EXISTING ZONING: PLANNED DEVELOPMENT/SINGLE FAMILY
RESIDENTIAL (PD/R-1)
DATE OF PUBLIC HEARING: JUNE 2, 1992
DATE OF REPORT: MAY 26, 1992
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a 5' Variance
to the required 30' setback off Trotters Ridge for Lot 12, Block 2, Bridle Ridge 2nd
Addition. The lot is surrounded by single family residential and is located at the north
corner of the intersection of Trotters Ridge and Trotters Court.
COMMENTS: The applicant believes a 5' Variance is necessary to allow the home to be
more perpendicular to Trotters Ridge; the angle of the placement will match that of the 411
home across Trotters Court (which meets required setbacks) and the neighbor's view will not
be blocked as much as without the Variance. I
The applicant has submitted a lot survey showing the proposed house and 3-car garage,
meeting all setback requirements. Access to the lot is available from either street. The site
is flat and has no tree growth.
If approved, this Variance shall be subject to:
1. No additional Variances shall be granted for this lot.
2. All applicable Ordinances.
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Agenda Information Memo •
June 2, 1992 City Council Meeting
CONDITIONAL USE PERMIT/CONDURA TIRE GROUPE/SERVICE STATION
D. Conditional Use Permit, Condura The Groupe, Ltd., to Allow an Automobile Service
Station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Eagan
Convenience Center Addition Located Along the South Side of Duckwood Drive and east
of Krestwood Lane in the NW 1/4 of Sec 15—At its meeting of May 26, 1992, the Advisory
Planning Commission considered the above referenced conditional use permit application
to allow an automobile service station at the Eagan Convenience Center. For additional
information with respect to this item, please refer to the Community Development
Department staff report which is enclosed on pages /', through g-3 for your review.
Also enclosed on pages through �� are the Advisory Planning Commission minutes
with respect to this item. e APC is recommending approval.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use
permit for Condura Tire Group, Ltd., to allow an automobile service station in a CSC
(community shopping center)district on Lot 1,Block 1,Eagan Convenience Center Addition
located at the intersection of Duckwood Drive and Krestwood Lane as presented.
4/tr. 2-.24,4"MAAA•44A.t •
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MEMORANDUM
•
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: MAY 28, 1992
RE: CONDITIONAL USE PERMIT
CONDURA TIRE GROUPE
At the May 26 Advisory Planning Commission meeting, the Conditional Use Permit to allow
an automobile service station in a CSC district was approved unanimously.
There was a short discussion dealing •rimaril with the potential h, ,rd of cars backing out
le service •a s into t e drive lane that used to act as a pick up window for Dairy •ueen.
The owner of Mr. Movies was t e on y tenant in the bui •mg to speak and he was •
favor of the proposal. It was also noted that the drop off box on the back of the building
Alk for Mr. Movies had never gone through any City approval process.
The applicant does not agree with Condition #3 calling for the elimination of two building
signs and a directional sign.
If you would like additional information, please advise.
City Planner
JS/js
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: CONDURA TIRE GROUPE LTD. •
LOCATION: NW QUARTER SECTION 15
EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC)
DATE OF PUBLIC HEARING: MAY 26, 1992
DATE OF REPORT: MAY 15, 1992
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Conditional
Use Permit to allow a minor auto repair and service use in a Community Shopping Center
(CSC) zoning district on Lot 1, Block 1, Eagan Convenience Center, located south of
Duckwood Drive, east of 'Crestwood Lane.
BACKGROUND: The Eagan Convenience Center plat consisting of one 17,600 sq. ft.
building on one lot was approved in May 1986. The proposed Tires Plus will occupy space
where the Food Fair was originally located and more recently, the Dairy Queen restaurant.
•
Tires Plus will employ 12 people with a peak time staff of seven employees and will be open
seven days a week with hours not to exceed 7:00 a.m. - 9:00 p.m. Tires Plus has been in
operation since the mid-1970's and is a locally-owned business with headquarters in
Burnsville. There are over 40 stores throughout the five state area, including 25 in the Twin
Cities, with one in Eagan along Cliff Road and Cliff Drive.
COMMENTS: The Tires Plus store will provide tire sales and installation, as well as minor
auto repair service. The site plan calls for a six-bay service shop and a sales/waiting area
with a combined floor area of approximately 5,300 sq. ft. The service bays are on the east
side of the building where the drive-up window is currently located. Access to the service
bay area is proposed by reconstructing the existing south to north one-way drive aisle along
the east side of the building.
There are 105 parking spaces serving this strip center-78 are located in front or on the
north side of the building and 27 behind the building along the south property line.
Employee vehicles, as well as vehicles left for service but not actually being worked on, shall
be parked on the south side of the building.
The site plan calls for a conversion of the existing playground area to a landscaped area.
The plan does not call out sizes of the planting material which will have to meet City size
requirements.
Access to the site has been provided in two locations. One driveway access is to Duckwood
Drive to the north and the other driveway access is to Krestwood Lane to the west.
Adequate sanitary sewer and water main service has already been provided to this building.
SIGNAGE: The sign plan submitted calls for one directional sign, three wall signs, and a
change to the sign copy on the existing pylon sign. The proposed conversion of the pylon
sign meets City Sign Code requirements, however two of the three wall signs do not meet
code criteria. The code allows one building-mounted sign for each major street frontage and
Duckwood Drive is the only street this building fronts on. Also, the proposed directional
sign does not appear to be necessary because there is only one entrance to the site from
Duckwood Drive.
If approved, this Conditional Use Permit shall be subject to the following conditions:
1. Employee vehicles and customer vehicles left for service shall be parked on the
south side of the building.
2. No outside display, or storage, shall be allowed.
3U' The sign plan shall be revised to eliminate two of the three building-mounted signs
and the directional sign.
4. All trash and recycling shall be stored inside the principal building.
• 5. All landscape materials shall meet City size requirements.
FINANCIAL OBLIGATION - 15-CU-9.5-92 - EAGAN CONVENIENCE CENTER
LOT 1, BLOCK 1
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 Use Rate Quantity Amount
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MINUTES OF A REGULAR MEETING OF TEE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
MAY 26, 1992
COEDURA TIRE GROUPE, LTD.
CONDITIONAL USE PERMIT
Chairman Voracek opened the first public hearing of the evening
regarding a Conditional Use Permit to allow an automobile service
station in a CSC (Community Shopping Center) district on Lot 1, Block
1, Eagan Convenience Center Addition located along the south side of
Duckwood Drive and east of Krestwood Lane in the NW 1/4 of Section
15.
City Planner Sturm discussed the background of this application.
He stated that Tires Plus will employ twelve employees and will be
open seven days a week from 7:00 a.m. to 9:00 p.m. No major changes
are proposed to the site, except the addition of six bays which will
be added to the east side of the building. All City Code set-back
requirements have been adhered to.
• Jim Diamond, representative of Tires Plus, stated that Tires Plus
is a locally-based company with its headquarters in Burnsville. No
changes are proposed to the front of the building, however, service
doors will be cut into the east side of the building. He mentioned
that Tires Plus provides tire sales and installation, as well as
minor auto repair service. Since Tires Plus does not do major auto
repairs all-day car storage is rare. Typically, most vehicles are in
the shop for only 30 to 40
g((
Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES
MAY 26, 1992
minutes. Mr. Diamond agreed with all of the conditions except
condition 03 which proposes eliminating two of the three
building-mounted signs and the directional sign. Mr. Diamond would
like to work with City staff regarding this issue before the City
Council meeting.
Bob Culhany, owner of Mr. Movies, was concerned with future
parking availability and traffic patterns. He stated that Mr. Movies
has a drop-box in the back of the building where customers drop off
video tapes and he was concerned that with the additional six bays
customers will not be able to drive behind the building to get to
these drop-boxes.
City Planner Sturm replied that the City had never approved a
drop-box for Mr. Movies in that location.
Member Griggs questioned whether City staff anticipates a parking
lot capacity problem. City Planner Sturm stated that the parking lot
meets City Code requirements and mentioned that employees will be
required to park in the back of the building.
Hunter moved, Griggs seconded, the motion to approve a
Conditional Use Permit to allow an automobile service station in a
CSC (Community Shopping Center) district on Lot 1, Block 1, Eagan
•
Convenience Center Addition located along the south side of Duckwood
Drive and east of Krestwood Lane in the NW 1/4 of Section 15, subject
to the following conditions:
1. Employee vehicles and customer vehicles left for service
shall be parked on the south side of the building.
2. No outside display, or storage, shall be allowed.
3. The sign plan shall be revised to eliminate two of the three
building-mounted signs and the directional sign.
4 . All trash and recycling shall be stored inside the principle
building.
5. All landscape materials shall meet City size requirements.
"�ct C
All present voted in favor.
S
f
l J
• Agenda Information Memo
June 2, 1992 City Council Meeting
INTERIM USE PERMIT/RD. PICAR/YARD WASTE COMPOST FACILITY
E. Interim Use Permit,R.D. Picar,to Allow a Compost and Yard Waste Facility on Outlots
H and I, Gopher Eagan Industrial Park 2nd Addition, Located Along the North Side of
Yankee Doodle Road, East of Mike Collins Drive in the SE 1/4 of Sec 11 and SW 1/4 of
Sec 12—At its meeting of May 26, 1992, the Advisory Planning Commission considered the
above referenced interim use permit application to allow development of a temporary
compost and yard waste facility in Gopher Eagan Industrial Park 2nd Addition located west
of the Gopher Smelting facility. The applicant will be relocating operations from the
current County yard waste compost site south of the Municipal Center to a private sector .
site as a part of the County's overall effort to privatize the yard waste management program. 4
It is the County's belief that such facilities should no longer be subsidized by the public
sector, and, as a consequence, a private sector alternative has been selected.
For additional information with respect to this application, please refer to the Community
Development Department staff report which is enclosed on pages q( 7 through 1t�3 for
your review. Also enclosed on pages (f7L( through (O(are the APC minutes in this regard.
The APC is recommending approval of this application.
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an interim use
permit to allow a compost and yard waste facility on Outlots H and I, Gopher Eagan
Industrial Park 2nd Addition located along the north side of Yankee Doodle Road east of
Mike Collins Drive as indicated.
� l0
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: MAY 28, 1992
RE: INTERIM USE PERMIT
R.D. PECAR
At the May 26 Advisory Planning Commission meeting, the Interim Use Permit to allow the
relocation of the compost/yard waste facility to an area north of Yankee Doodle Road at
the Elrene Road intersection was approved unanimously.
There was not a lot of discussion by the Commission as they felt the use was appropriate
in a Light Industrial district. There were two residents from the Windtree area that
questioned why the relocation was necessary. It was noted that the existing site is zoned and
comp. guided Public Facilities,whereas the new site is zoned and guided Light Industrial and
Industrial. A change to Condition #1 was made to add a five-year limit for the permit with
annual review. The applicant agreed to this condition. Adjacent property owners were not
opposed to this Interim Use Permit, however they would like to see relocation of existing
on-site plant material immediately rather than waiting for the Yankee Doodle Road
improvements. Everyone is in agreement that this can be accomplished and details are now
being worked out.
If additional information is available before next Tuesday's Council meeting, I will let you
know. Please refer to the APC minutes for the appropriate conditions.
City Planner
JS/js
SUBJECT: INTERIM USE PERMIT
•
APPLICANT: R.D. PECAR & CO.
LOCATION: SE 1/4 SECTION 11 &
SW 1/4 SECTION 12
EXISTING ZONING: PLANNED DEVELOPMENT-LIGHT INDUSTRIAL
DATE OF PUBLIC HEARING: MAY 23, 1992
DATE OF REPORT: MAY 26, 1992
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting an Interim Use
Permit to allow a compost and yard waste facility in a Planned Development-Light Industrial
(I-1) zoned district. The site (Outlots H & I) of the Gopher Eagan Industrial Park Second
Addition is located along the north side of the Yankee Doodle and Elrene Roads
intersection.
• BACKGROUND: The County will be vacating the current yard waste facility by June 30 and
has been looking for a new site within the City for several months. They also want to
privatize this type of work and have chosen R.D. Pecar to operate the facility. R.D. Pecar
currently operates two other County composting sites. No major changes are proposed to
the existing operation, only the location. The composting process is designed to decrease
the amount of time required for actual composting, as well as reducing the production of
loaders.
Producing wood mulch from brush is a two-step process. Once raw material is received, it
is size-reduced and then ground in a tub grinder. The equipment used for size reduction is
a heavy-duty tree/brush chopper built on the principal of a flail mower. Following the size
reduction, the reduced material is fed into a tub grinder which produces the mulch. If a very
fine grade of mulch is to be made, a second grinding could be required. An essential part
of the success of the County's facility in Eagan (and the City's facility prior to that) is access
to the site by the public and the availability of the products. In 1991, over 17,000 deliveries
were made to the site by the public. Many of the same people purchased products.
Access will be directly north of the Yankee Doodle and Elrene Roads intersection. Yankee
Doodle Road is scheduled to be upgraded in 1994 and access to the facility will be even
better due to proposed left turn lanes. Since significant grading will occur, only the first 100'
of the entrance drive will be paved. However, the entire cul-de-sac to the gate house will
be paved after the road improvements. A detailed landscaping plan will also be prepared
Elat that time.
FINANCIAL OBLIGATION - INTERIM USE PERMIT - R.D. PECAR
•
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 Use Rate . Quantity Amount
No financial obligation is proposed.
S
Q\
CONDITIONS FOR R.D. PECAR INTERIM USE:
1. The permit shall be reviewed annually.
2. The composting facility shall provide documentation from the Dakota County
Environmental Management Department verifying there is no soil contamination.
3. A detailed landscaping plan shall be prepared and implemented after the Yankee
Doodle Road improvement.
4. The first 100' of the entrance shall be paved with the opening of the facility. The
entire cul-de-sac shall be paved after the Yankee Doodle Road improvement.
5. A grading/excavation permit in accordance with Chapter 4 of the City Code is
required for the grading of the site.
6. A grading, drainage, and erosion control/restoration plan is required with the
grading/excavation permit.
7. The proposed entrance onto Yankee Doodle Road will require a permit from
Dakota County prior to the issuance of the grading permit.
•
•
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• EAGAN ADVISORY PLANNING COMMISSION MINUTES
MAY 26, 1992
R.D. PBCAR
INTERIM UI! PERMIT
Chairman Voracek opened the next public hearing of the evening
regarding an Interim Use Permit to allow a compost and yard waste
facility on Outlots H and I, Gopher Eagan Industrial Park 2nd
Addition, located along the north side of Yankee Doodle Road, east of
Mike Collins Drive in the SE 1/4 of Section 11 and the SW 1/4 of
Section 12.
City Planner Sturm stated that the County will be vacating the
current yard waste facility by June 30, 1992, and has been searching
for a new site within the City for several months. There is no major
changes proposed to the operation of the business, only the location
will change. He commented that Yankee Doodle Road will be upgraded in
1994 and at that time significant grading will occur. Therefore, only
the first 100 feet of the entrance drive will be paved, with the rest
being paved after the road improvements are completed. A detailed
landscape plan will be prepared at the time. Mr. Sturm requested that
condition #1 be amended to state that the permit will have a 5-year
period and will be reviewed annually.
Richard Pecar, the applicant, stated that the proposed location
is compatible with the surrounding area. He further stated that he is
comfortable with the proposed conditions.
Mary Kay Johnson, 3688 Windtree Drive, was concerned with odors
coming from the compost onto her property. She felt that the compost
moving to the proposed location will lower property values in the
area. She asked why the compost was being moved.
City Planner Sturm answered that relocation of the compost was
proposed 6 to 8 months ago. He further stated that the City would
like the current site restored for a neater appearance along Pilot
Knob Road. Mr. Sturm stated that City staff has reviewed the
potential odor problem and concluded that only in the winter months
will the winds be directed towards the single-family home areas. City
staff felt that odors would not be a problem.
Alex Kribish, a resident of Aspen Woods, questioned whether
action would be taken if the first annual review was negative. He
felt that it did not make sense to clean up one site only to move it
to another site. Mr. Kribish thought that the current site is perfect
and why fix something that is not broken.
City Planner Sturm mentioned that the current site is zoned
Public Facility and is surrounded by single-family homes, while the
proposed site is zoned Light Industrial.
Member Graves mentioned that the proposed site was a perfect
location for a compost.
EAGAN ADVISORY PLANNING COMMISSION MINUTES
•
MAY 26, 1992
Member Merkley questioned why the County did not move the compost
to the Lebanon Hills Regional Park.
Warren Wilson, a representative of Dakota County, stated that the
County explored that option, however, there is funding restrictions
for non-park use. Also, the County is trying to privatize the compost
facilities.
Graves moved, Hunter seconded, the motion to approve an Interim
Use Permit to allow a compost and yard waste facility on Outlets H
and I, Gopher Eagan Industrial Park 2nd Addition, located along the
north side of Yankee Doodle Road, east of Mike Collins Drive in the
SE 1/4 of Section 11 and the SW 1/4 of Section 12, subject to the
following conditions:
1. The permit shall have a five-year period and be reviewed
annually.
2. The composting facility shall provide documentation from the
Dakota County Environmental Management Department verifying
there is no soil contamination.
3. A detailed landscaping plan shall be prepared and
implemented after the Yankee Doodle Road improvement.
4. The first 100' of the entrance shall be paved with the
opening of the facility. The entire cul-de-sac shall be
paved after the Yankee Doodle Road improvement.
5. A grading/excavation permit in accordance with Chapter 4 of
the City Code is required for the grading of the site.
6. A grading, drainage, and erosion control/restoration plan is
required with the grading/excavation permit.
7. The proposed entrance onto Yankee Doodle Road will require a
permit from Dakota County prior to the issuance of the
grading permit.
All present voted in favor.
Agenda Information Memo
• June 2, 1992 City Council Meeting
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
U.S. FISH & WILDLIFE SERVICE
F. Comprehensive Guide Plan Amendment,City of Eagan,Changing Land Use Designation
from IND (Industrial) to P (Parks) and a Rezoning from I-1 (Light Industrial) to P (Public
Facilities/Park) for Approximately 13.01 Acres of Land, Owned by the U.S. Fish and
Wildlife Service, Located in the Southeast Quarter of the Southwest Quarter of Section 18--
At its meeting of May 26, 1992, the Advisory Planning Commission considered the above-
referenced comprehensive guide plan amendment and rezoning for property owned by the
U.S. Fish & Wildlife Service. For additional information with respect to this item, please
refer to the Community Development Department staff report which is enclosed on pages
1..02 through l( k for your review. Also enclosed on page) f2 are the Advisory Planning
Commission minutes in this regard. The APC is recommending approval of both items.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) the
comprehensive guide plan amendment changing the land use designation from IND
(Industrial) to P (Parks) and 2) a rezoning from I-1 (Light Industrial)to P(Public Facilities/
Park) for approximately 13.01 acres of land, owned by the U.S. Fish & Wildlife Service,
elocated in the southeast quarter of the southwest quarter of Section 18 as presented.
MEMORANDUM
•
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: MAY 28, 1992
RE: REZONING
CITY OF EAGAN
At the May 26 Advisory Planning Commission meeting, the Comprehensive Plan
Amendment from Industrial to Parks and Rezoning from Light Industrial to Public Facilities
for approximately 13 acres owned by the U.S. Fish and Wildlife Service was approved
unanimously. There were several residents in attendance, two who spoke in full support of
this rezoning. This land will be incorporated into Fort Snelling State Park. There was no
discussion by the Commission and the item was quickly approved.
If you would like additional information, please contact me.
City Planner
JS/js
S
S SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT
& REZONING
APPLICANT: CITY OF EAGAN
LOCATION: SE 1/4 SW/14 SECTION 18
(P.I.D. 10-01800-021-57)
EXISTING ZONING: I-1 (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: MAY 26, 1992
DATE OF REPORT: MAY 19, 1992
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: The City of Eagan is proposing a Comprehensive Guide Plan
Amendment changing the land use designation from IND (Industrial) to P (Parks) and a
Rezoning from I-1 (Light Industrial) to P (Public Facilities/Park) for approximately 13.01
acres of land owned by the U.S. Fish and Wildlife Service. The subject site is located along
the west side of Nicols Road,just south-southeast of the Chicago & Northwestern Railroad
ik tracks.
BACKGROUND: In February 1992, the City received a copy of a letter from the U.S. Fish
and Wildlife Service informing the Metropolitan Council that the Service had acquired 13.01
acres of land within the City of Eagan. The subject property encompasses a portion of the
Nicols Meadow Fen, a unique and rare wetland. In its efforts to protect the fen and to
enhance the Minnesota Valley National Wildlife Refuge, the Service has incorporated this
property into the Refuge.
The letter from the Service states that the "acquisition of the area by the Service was the
result of a recent out-of-court settlement between the landowner and the U.S. Army Corps
of Engineers. The court case was brought against the Corps after they denied a permit to
the landowner to fill this wetland for the purposes of commercial development. As part of
the settlement, the subject tract was conveyed to the United States for administration by the
Secretary of the Interior through the Fish and Wildlife Service."
In April 1992, staff contacted the U.S. Fish and Wildlife Service to inform them of the need
for a Comprehensive Guide Plan amendment and rezoning because the existing IND Guide
Plan designation and I-1 zoning are inconsistent with the proposed use of the land--a wildlife
refuge.
COMMENTS: Since the Service has made the site part of the Minnesota Valley National
40 Wildlife Refuge, it could be assumed that no development of the site is or will be proposed
by the Service. However, the current Guide Plan designation and zoning are clearly
inconsistent with a park/wildlife refuge use. Although it seems unlikely, if not impossible, •
to get the necessary permits to develop the site (as evidenced by the lawsuit), certain
development rights are nevertheless conveyed to the property owner with an I-1 zoning. As
such, to leave the property guided and zoned inconsistently with its intended use is
misleading and inappropriate. By amending the Guide Plan designation to P (Parks) and
by rezoning to P (Public Facilities/Parks), it clarifies the intent of the Service to make and
keep the site part of the Refuge. The requested action would leave no doubt as to the
present and future intended use of the site.
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PROPOSED ZONING: P (Public Facilities/Parks)
\ ..,_\
EAGAN ADVISORY PLANNING COMMISSION MINUTES
MAY 26, 1992
COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING
CITY OF EAGAN
Chairman Voracek opened the next public hearing of the evening
regarding a Comprehensive Guide Plan Amendment changing the land use
designation from IND (Industrial) to P (Parks) and a Rezoning from
I-i (Light Industrial) to P (Public Facilities/Park) for
approximately 13.01 acres of land owned by the Q.S. Fish and Wildlife
Service located in the SE 1/4 of the SW 1/4 of Section 18.
City Planner Sturm related the background of this application and
stated that this application will bring the Comprehensive Guide Plan
and zoning into conformance for this site.
Floyd Dickens, 2141 Silver Bell Road, mentioned that he likes
this site as it is and felt that to disturb this piece of land would
be detrimental to the wildlife in the area.
Lawrence Schroven, a resident of Silver Bell Road, agreed with
Mr. Dickens that this site should not be developed and should be left
as is.
Chairman Voracek commented that this application will help
preserve and protect this site from future potential developments.
Hunter moved, Gorman seconded, the motion to approve a
Comprehensive Guide Plan Amendment changing the land use designation
from IND (Industrial) to P (Parks) and a Rezoning from I-1 (Light
Industrial) to P (Public Facilities/Park) for approximately 13. 01
acres of land owned by the U.S. Fish and Wildlife Service located in
the SE 1/4 of the SW 1/4 of Section 18.
All present voted in favor.
\ �
Agenda Information Memo
June 2, 1992 City Council Meeting •
CITY CODE AMENDMENT/CHAPTER 13/WETLAND CONSERVATION ACT
G. Ordinance Amendment, City of Eagan, to City Code Chapter 13, Entitled "Subdivision
Regulations (Platting)" by Amending Section 13.30 Regarding Compliance with Wetland
Conservation Act for Plat Approval, and by Adopting by Reference Eagan City Code
Chapter 1 and Section 13.99--At its meeting of May 26, 1992, the Advisory Planning
Commission considered ordinance amendments to bring the City Code into compliance with
the State Wetland Conservation Act. These fall in the areas of subdivision regulations,
excavation, and public protection, crimes and offenses. The first of these, under the area
of subdivision regulation, relates to the amendment of City Code Chapter 13. For
additional information with respect to this item, please refer to the Community
Development Department and Parks & Recreation Department staff report which is
enclosed on pages(N through and covering the proposed ordinance amendment. Also
enclosed on page is a copy of the Advisory Planning Commission minutes regarding this
item. The APC is recommending approval.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance
amendment for Eagan City Code Chapter 13, entitled "Subdivision Regulations (Platting)"
by amending Section 13.30 regarding compliance with the Wetland Conservation Act for is
Plat Approval and adopting by reference Eagan City Code Chapter 1 and Section 13.99.
•
`V2
• SUBJECT: ORDINANCE AMENDMENTS REGARDING
COMPLIANCE WITH THE WETLAND
CONSERVATION ACT
APPLICANT: CITY OF EAGAN
DATE OF PUBLIC HEARING: MAY 26, 1992
DATE OF REPORT: MAY 19, 1992
COMPILED BY: COMMUNITY DEVELOPMENT AND PARKS &
RECREATION DEPARTMENTS
In 1991, the state legislature passed the Wetland Conservation Act. The interim phase of
the act took effect on January 1, 1992 and lasts through July 1, 1993. The permanent
program will then take effect on July 1, 1993. The intent of the Act, as summarized by
Water Resources Coordinator Rich Brasch, is to recognize and protect the public benefits
of wetlands with regard to water quality treatment, floodwater retention, public recreation,
fish and wildlife habitat, groundwater recharge, and potential commercial uses. Currently,
the Department of Natural Resources (DNR) regulates three of the eight types of wetlands.
The Wetland Conservation Act, however, is designed to establish additional state and local
regulatory control over wetlands that are not actively regulated by either the DNR or the
U.S. Army Corps of Engineers.
To facilitate administration of the Act, staff is proposing adoption of the attached ordinance
amendments. The proposed ordinance amendments will require notification to the City
before any wetland is drained, filled or burned, and will require compliance with the Act
as a condition of plat approval and as a condition of excavation permit approval. In
consultation with the City Attorney's office on this matter, the proposed ordinance
amendments should cover most issues relative to enforcement of the Act.
I
I
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING) "
BY AMENDING SECTION 13.30 REGARDING COMPLIANCE WITH WETLAND
CONSERVATION ACT FOR PLAT APPROVAL; AND BY ADOPTING BY REFERENCE
EAGAN CITY CODE CHAPTER 1 AND SECTION 13 .99.
The City Council of the City of Eagan does ordain:
Section 1 . Eagan City Code Chapter thirteen is hereby amended by
changing Section 13 . 30, subd. 13, to read as follows:
Subd. 13 . Environmental Protection. The City will enforce
environmental protection and erosion control in the
development of subdivisions within the City. This includes
off development sites as well as wetlands areas.
preliminary or final Plat shall be approved without first
establishing compliance with applicable wetland conservation
statutes and regulations and any amendments thereto hereafter.
Section 2 . Eagan City code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code including
'Penalty for Violation' " and Section 13 .99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3 . Effective Date. This ordinance shall take effect upon
its adoption and publication according to law.
ATTEST: CITY OF EAGAN
City Council
By: E.J. VanOverbeke By: Thomas A. Egan
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
411
110 EAGAN ADVISORY PLANNING COMMISSION MINUTES
MAY 26, 1992
ORDINANCE AMENDMENT TO CITY CODE CRAFTER 13
CITY OF EAGAN
Chairman Voracek opened the next public hearing of the evening
regarding an Ordinance of the City of Eagan, MN, amending Eagan City
Code, Chapter 13, entitled "Subdivision Regulations (Platting) " by
amending Section 13.30 regarding Compliance with Wetland Conservation
Act for Plat Approval; and by adopting by reference Eagan City Code
Chapter 1 and Section 13.99.
Community Development Director Runkle otated that the propooed
three ordinance amendments to Chapters 13, 4 and 10 is required to
bring the City into compliance with the interim regulations of the
Wetland Conservation Act passed by the State legislature in 1991.
Basically, the Wetland Conservation Act states that no filling,
dredging or burning of any wetlands will be allowed without the City
first being notified.
Merkley moved, Griggs seconded, the motion to approve an
Ordinance of the City of Eagan, MN, amending Eagan City Code, Chapter
13, entitled "Subdivision Regulations (Platting) " by amending Section
13.30 regarding Compliance with Wetland Conservation Act for Plat
Approval; and by adopting by reference Eagan City Code Chapter 1 and
• Section 13.99.
All present voted in favor.
411
Agenda Information Memo
June 2, 1992 City Council Meeting
EAGAN CITY CODE AMENDMENT/EXCAVATION PERMITS.
H. Ordinance Amendment, City of Eagan, to City Code Chapter 4, Entitled "Construction
Licensing, Permits and Regulation, Including Signs,Excavations and Mobile Home Parks"
by Amending Section 4.30 Regarding Compliance with Wetland Conservation Act as an
Excavation Permit, and by Adopting by Reference Eagan City Code Chapter 1 and Section
4.99--For discussion of this item, please refer to the introduction to Item G above. For
additional information with respect to this item, please refer to tJe proposed ordinance
amendment of City Code Section 4.30 which is enclosed on page a for your review. Also
enclosed on page 4 is a copy of the Advisory Planning Commission minutes regarding this
item. The APC is recommending approval.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance
amendment to City Code Chapter 4, entitled "Construction Licensing, Permits and
Regulation,Including Signs, Excavations and Mobile Home Parks"by amending Section 4.30
regarding compliance with the Wetland Conservation Act as an excavation permit and by
adopting by reference Eagan City Code Chapter 1, Section 4.99 as presented.
•
i
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND
REGULATION, INLCUDING SIGNS, EXCAVATION AND MOBILE HOME PARKS" BY
AMENDING SECTION 4 . 30 REGARDING COMPLIANCE WITH THE WETLANDS
CONSERVATION ACT AS A CONDITION TO AN EXCAVATION PERMIT; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4 . 99.
The City Council of the City of Eagan does ordain:
Section 1 . Eagan City Code Chapter Four is hereby amended by adding
Section 4 . 30 , subd. 5 (R) , to read as follows:
R. Wetland Conservation. Excavation as permitted hereunder
shall be in compliance with any and all applicable wetland
conservation statutes and regulations and any amendments
thereto hereafter.
Section. 2 . Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation"' and Section 4 . 99 , entitled "Violation a Misdemeanor" are
hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3 . Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST: CITY OF EAGAN
City Council
By: E. J. VanOverbeke By: Thomas A. Egan
Its : Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
EAGAN ADVISORY PLANNING COMMISSION MINUTES
MAY 26, 1992
ORDINANCE AMENDMENT TO CITY CODE CHAPTER 4
CITY OF EAGAN
Chairman Voracek opened the next public hearing of the evening
regarding an Ordinance of the City of Eagan, MN, amending Eagan City
Code, Chapter 4, entitled "Construction Licensing, Permits and
Regulation, Including Signs, Excavations and Mobile Home Parks" by
amending Section 4.30 regarding Compliance with the Wetland
Conservation Act as a Condition to an Excavation Permit; and by
adopting by reference Eagan City Code Chapter 1 and Section 4.99.
No discussion took place regarding this item.
Merkley moved, Hunter seconded, the motion to approve an
Ordinance of the City of Eagan, MN, amending Eagan City Code, Chapter
4, entitled "Construction Licensing, Permits and Regulation,
Including Signs, Excavations and Mobile Home Parks" by amending
Section 4.30 regarding Compliance with the Wetland Conservation Act
as a Condition to an Excavation Permit; and by adopting by reference
Eagan City Code Chapter 1 and Section 4.99.
All present voted in favor.
Agenda Information Memo
June 2, 1992 City Council Meeting
CITY CODE AMENDMENT/PUBLIC PROTECTION, CRIMES AND OFFENSES
I. Ordinance Amendment, City of Eagan, to City Code Chapter 10, Entitled "Public
Protection, Crimes and Offenses," by Amending Section 10.25 Regarding Compliance with
Wetland Conservation Statutes and Regulations,and by Adopting by Reference Eagan City
Code Chapter 1 and Section 10.99--For information with respect to the purpose of this
amendment, please refer to the introduction to Item G above. For additional information
with respect to this amendment, please refer to the proposed City Code amendment which
is enclosed on page . l in this regard. Also enclosed on page is a copy of the Advisory
Planning Commission minutes regarding this item. The APC is recommending approval.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance
amendment for the City of Eagan to City Code Chapter 10, entitled "Public Protection,
Crimes and Offenses" by amendment Section 10.25 regarding compliance with the Wetland
Conservation Statutes and Regulations and by adopting by reference Eagan City Code
Chapter 1 and Section 10.99 as presented.
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ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY
AMENDING SECTION 10. 25 REGARDING COMPLIANCE WITH WETLAND CONSERVATION
STATUTES AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY
CODE CHAPTER 1 AND SECTION 10. 99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Ten is hereby amended by adding
Section 10 . 25, to read as follows:
Section 10. 25. Compliance with Wetland Conservation Statutes
and Regulations. No person shall conduct any activity,
including but not limited to draining, filling or burning,
in wetland areas as governed by Minnesota wetland
conservation statutes and regulations and any amendments
thereto hereafter without first notifying the City of such
activity.
Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and III
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation" and Section 10. 99 , entitled "Violation a Misdemeanor" are
hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3 . Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST: CITY OF EAGAN
City Council
By: E. J. VanOverbeke By: Thomas A. Egan
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
411
EAGAN ADVISORY PLANNING COMMISSION MINUTES
MAY 26, 1992
ORDINANCE AMENDXEI=T TO CITY CODE =APTER 10
CITY OP EAGAN
Chairman Voracek opened the last public hearing of the evening
regarding an Ordinance of the City of Eagan, MN, amending Eagan City
Code, Chapter 10, entitled "Public Protection, Crimes and Offenses"
by amending Section 10.25 regarding Compliance with Wetland
Conservation Statutes and Regulations; and by adopting by reference
Eagan City Code Chapter 1 and Section 10.99.
No discussion took place regarding this item.
Merkley moved, Gorman seconded, the motion to approve an
Ordinance of the City of Eagan, MN, amending Eagan City Code, Chapter
10, entitled "Public Protection, Crimes and Offenses" by amending
Section 10.25 regarding Compliance with Wetland Conservation Statutes
and Regulations; and by adopting by reference Eagan City Code Chapter
1 and Section 10.99.
All present voted in favor.
•
1 aa-
MINUTES OF A REGULAR MEETING OF THE
EAGiA:1K:CITY.COUNCIL
May 20, 1992
A regular meeting of the Eagan City+ cil, was l •.on Tuesday, May 20, 1992, at the Eagan
Municipal Center. Present were Mayor Egan andimcibggsliers Wachter,Awada, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
iitGENDA
City Administrator Hedges said that there.aire;tiwcftfnal:plats on the Administrative Agenda and it was
suggested that these plats be considered at the time of:t a Consent Agenda even if they are pulled for further
discussion,
Pawlenty moved,Wachter seconded:a::motion:to:apprp.ti:the agenda for the May 20, 1992,regular City
Council meeting with the addition of the final:jilaf:for Sch,640sttict 196's Elementary School#17 and for the
Oak Cliff 6th Addition. Aye: 5 Nay: 0
�INU'I'ES
........................
........................
Pawlenty moved, McCrea seconded:a�:w otion to approve the minutes of the May 5, 1992,regular City•
Council meeting as presented. Aye: 5 Nay:°l�:::::::::'>: ::::.;,.
•
McCrea moved, Pawlenty seconded a motion to approve the minutes of the May 5, 1992,special City
Council meeting as presented. Aye: 5 Nay ..;:.:
OP901019WP.,AORPFITOPti.ON
Fire Chief Ken Southorn outlined the Eagan Fire Department Explorer Post#572's receipt of the Boy
Scouts of America Indianhead Council Cluster Award for their accomplishments in the field of firefighting. Post
Advisors Dale Nelson and Ron Meiers were present as well as.Explorers Anja Mueller (Assistant Post Chief),
Brianne Mueller, Brett Fierce and Brian S; • te11i;.::i Ne3soi :iitade special note of Post Chief Nick Taylor's
receipt of an individual award for public speaking...Tfie Mayor and members of the City Council added their
congratulations to the Explorers.
•
DItI'AR 1! T , B t±LESS
CITY CLERK/CANVASS BALLOTS FOR MAY 19, 1992, BOND REFERENDUM
McCrea moved, Pawlenty seconded a motion to approve the canvassing of the ballots for the May 19,
1992,bond referendum for an arena/swimming pool project. A copy of the balloting breakdown is attached as
Exhibit A. Aye: 5 Nay 0
A. Personnel Items
Item 1. Seasonal Street Maintenance Workers--It was r.eeommended that the hiring of Ben Anderson,
Jay Laramy and Jamie Witt be approved.
y
Item 2. Temporary Part-Time Cler .'I'eefifliaiain iia Department-It was recommended that the
hiring of Louella Stoll as a temporary part- a clerical techniciai}:iil the Finance Department be approved.
Item 3. Seasonal Recreation Empl oas--It was recommended that the hiring of the following seasonal
employees be approved: .
t'
Recreation Assistants • Recreation Leaders
•
Rachel Collingham Holly Confer
Britta Gilbert Lei Lani Dick
Shannon Haugh Kristi Edlund
Heather Kjos 4..:......:•::•.:':: »::•: ••••:::; Lynne Hockford
Eva L'Herault ::>:Kathy McNeil
Kimberly Larson ••Shannon Stire
Melanie Mesko ::::Julie VandeWalker
Krista Murtfeldt •.:•••.•.:.::?::: >:::: .•> : Kristin Weeklund
Rebecca Peglow : ::„:::
Page 3/EAGAN CITY COUNCIL MINUTES:.:.:.:•••:••:.::::.:.;::.:•:•::::::::.:.: :.
• May 20, 1992
F. Receive Bids.Award Sale.Large.Capacity Mower. ? jts & Recreation Department
It was recommended that the bids be at pted at4;a;c 1tract for purchase of a large capacity mower
awarded to M.T.I. Distributing, Inc. •
G. Contract 91-03. Change Order #2 for Elrene Road
It was recommended that Change Order..#2,.Coutract 91-03..(Elrene Road)be approved and the Mayor
and City Clerk authorized to execute all relaO.:4 nts;:.:.:�:::.:::::::::.
•H. Contract 92-05. Receive Bids/Award Contract (Woodlands North 2nd Addition. Yankee Doodle
Road & Wilderness Ponds - Utilities)
It was recommended that the bids ft.i!:0O tract 92-OS(W'oodlands North 2nd Addition,Yankee Doodle
Road& Wilderness Ponds - Utilities) be rejected and authorization given to resolicit bids by combining it with
other projects.
• 1. Contract 91-06. Receive Bids/Award Contract (Eagandale Center Industrial Park 3rd Addition -
Overlay)
It was recommended that the bids for Coi0act.91-06(Eagandale Center Industrial Park 3rd Addition
Overlay)be awarded to McNamara Contracting Company and:the Mayor and City Clerk authorized to execute
all related documents.
J. Project 622. Receive Report/Order PfiblijI a iiis'eCedar Industrial Park - Overlay)
It was recommended that the feasibility report for Project 622 (Cedar Industrial Park - Overlay) be
received and the public hearing scheduled to be held on June 16, 1992.
K. Vacate Public Right of Way. Receive Petition/Schedule Public Hearing(Trails End Road)
It was recommended that the petitioaao:vketeai ::east::half of Trails End Road south of Cedar Street
be received and a public hearing scheduled:td:bi:hsldisoii iii e::1 ;::).992.
L. Final Plat. Town Centre 100 10th Additiop?h
It was recommended that the final plat for Townr:Centre 194- 10th Addition be approved as presented.
M. Final Plat. Autumn Ridge 2nd Addition
It was recommended that the final plat for Autumn Ridge 2nd Addition be approved as presented.
N. Resolution. Nitti Disposal Temporary Conditional *Permit
It was recommended that considerat cn 4a esi<xklipgiii;f'cix:Nitti Disposal's temporary Conditional Use
Permit be continued to the June 2, 1992, regtilai't`ity t�eiiiitt l:'inoeting.
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Page 4/EAGAN CITY COUNCIL :: : if
May 20, 1992 ::::'.::::::':`: ... .
O. Project 634. Receive Petition/ *r Feasibility Reiiiit(Streetlights - Lakeside Estates & Cedar
Grove 7th Addition) ''......'
. :: .
p
It was recommended that the petition be ieceirved.and a feasibility report prepared for Project 634
(Streetlights - Lakeside Estates & Cedar Grove 7th Addition).
P. Stipulation of Settlement. City of Eagan vs Meritor Development.
.-.1....•
It was recommended that the stipul iOtis:ef s idsiieni approved in the matter of the City of Eagan
vs Meritor Development as presented.
Q. Final Plat. Elementary School 417
It was recommended that the fmal plat:for tlementary:School #17,Independent School District #196,
be approved.
R. Final Plat.Oak Cliff 6th Addition
It was recommended that the final plat for Oak Cliff 6th Addition,Federal Land Company,be approved
subject to the receipt of the cross parking e#seinent and letter of credit in a form acceptable to the City (See
Exhibit B). `` .
McCrea moved,Pawlenty seconded a motion to appove.tbe:Consent Agenda with the addition of Item
Q, Final Plat, Elementary School #17 and Item R. Final.;Plat, akrCliff 6th Addition. Aye: 5 Nay: 0
kg0gFPWETSITRY0
JOINT MEETING CITY COUNCIL/APC
A joint meeting of the City Counc.i and the Advisory Planning Commission will be held on May 26,
1992,with the major agenda item to be the: iscus.ion:of billl*rcls;in the City of Eagan. City Councilmember
Wachter will not be able to attend that meet•wishedit:reci5iiled that he is not in favor of any billboards
and believes they should be banned completely. Councilmember: vlcCrea said she believed this to be more a
planning issue than an actual billboard issue
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EAGANDALE B ULEVARD AND LONE OAK ROAD
INTERSECTION CONSTRUCTION & SIGNALIZATION
Mayor Egan introduced this item as roject 631,Eaganda3'e:Boulevard and Lone Oak Road Intersection
Reconstruction and Signalization. Director:. ..P.pklic.Wprks•.C,9bert said that a letter had been received from
one property owner regarding a request for.". diac'e: fthIs:i dflt;, Mr.Colbert said that he had talked to the
owner of the LeMay Lake Apartments and' ad•resolved'the concerns. He said the property owner would not
be present at the public hearing and no loner had any objection 0i0 the project.
Assistant City Engineer Mike Foert 'h explained the project and the properties proposed to be assessed.
He said 96 % of the project will be finance by the City and County. Director of Public Works Colbert said
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Page 5/EAGAN CITY COUNCIL
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May 20, 1992
Project 631 is in compliance with the County and City five-year capital'improvement programs and indicated that
Dave Zeck from the County Engineer's office was present to answer any questions.
Mayor Egan noted that it was unusual'fot(ily st if':to:4prepare the feasibility report for this project.
Director of Public Works Colbert said as time and'expeie'allow, City staff will be doing more and more of
the City projects and noted the cost savings of doing the feasibility reports in-house. Mayor Egan asked if the
City was insured for that type of work and Director of Public Works Colbert noted that as professional engineers,
staff would be covered.
Marsha Easton, 1360 Lone Oak Road,::was the'€irst't t:o€1'er public testimony. Ms.Easton said she had
attempted to obtain a final feasibility report but was::u i'successful until the afternoon of May 19. She also
indicated that she was not notified of the meeting on Aprd 21 regarding this project. Ms.Easton then went on
to dispute the benefit to her property and complained.:of.the amount:and type of runoff that would be emptying
into the ponding area on her property. She indicated sl e:would.like:to see an Environmental Impact Statement
done before any further damage is done to
Director of Public Works Colbert said that the property owners were not individually noticed for the
April 21 meeting as that action was only to set the public hearing. Mr. Colbert said the Eastons were being
assessed for street improvements because they take direct access onto Lone Oak Road and had never been
assessed previously for street improvements. He noted that the other homeowners in the area had either paid ent
or prepaid assessments for street improvems:relating to other projects. In addition, water service will also
be brought to the property and while the hoiiieowni ::may,,not choose to hook up to the improvement, the
property benefits from its availability. The Director 414.44c::Works then went on to explain the City's water
quality program and the efforts being made to protect the City`s,ponds and lakes. He added that this project
did not meet any of the criteria or requirements for::an Environmental Impact Statement. Discussion then turned
to the load limit capacity of this improvement,however` .was noted that the Eastons would only be assessed for
the residential equivalent.
After answering a number of questions from Jim Easton, 1360 Lone Oak Road, Mayor Egan pointed
out that this was a feasibility hearing to determine whether the project is feasible from an engineering and
financial standpoint. He noted that property owners would have another opportunity to discuss the amount of
the assessments at the assessment hearing. Director of Public Works Colbert explained the City's uniform
assessment policy but said they do attempt to:b olt at:unique pr tperties and handle them on an individual basis.
After further discussion, Pawlenty moved, Awada seconded:a motion to close the public hearing and
approve Project 631(Eagandale Boulevard and Lone Oak Road-In eisection Reconstruction/Signali7ation)and
authorize the preparation of detailed plans and specification.
After the motion was made, City Attorney Sheldon said it may be appropriate to continue the public
hearing to the June 2, 1992, regular City Council meeting as the feasibility report may not have been available
for a long enough period. Director of Public Works Colbert said that the schedule for Project'631 is very critical
because of its combination with four other projects. He said there would be an economy of savings just because
it would be included with other projects. The City Attorney then:suggested that the project could be approved
conditionally with a report to the City Council at their May 26, 1 , special meeting.
The motion was then clarified as:':: 'awle *vr4,:Awada seconded a motion to close the public
hearing and approve Project 631 (Eaaii' ale'''Soiilevaitl"and Lone Oak Road - Intersection
Reconstruction/Signalization) conditioned upon a report from the:C4 Attorney as to whether the City had met
all legal requirements for notification and information and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
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Page 6/EAGAN CITY COUNCIL M .:.:
May 20, 1992
JOHNNY RIDGE ROAD:'fI?VERLAY)
Mayor Egan introduced this item Pr*ct 6Z3r Jobnniy Cake Ridge Road Overlay. Assistant City
Engineer Mike Foertsch explained the project and ri&ed•that the project was proposed to be financed 100
with municipal state aid funds.
McCrea moved,Wachter seconded 4 motion to close the public hearing and approve Project 623(Johnny
Cake Ridge Road- Overlay) and authorize be prepatgtioa.of.detai?ed plans and specifications. Aye: 5 Nay:•
OLDIBIATNES.S. •••••
RATIFICATION ORDII iNGE: ME'NDMENT/SIGN MORATORIUM
Mayor Egan introduced this item as a Ratification Of an Ordinance Amendment Relating to the Sign
Moratorium. City Administrator Hedges laid that this was essentially a technical requirement and that an
ordinance amendment needed to be approved for reinstitution of the moratorium. Mr.Hedges said that if the
ordinance amendment was approved,the Council would need to select a date on which the moratorium would
expire and the number of additional mont• allowed for any extension of the moratorium. He suggested that
six months may be appropriate and added t 'at:the.timeframe could always be rescinded or extended.
Councilmember Wachter asked ab t federal standards:for billboards as outlined in recent legislation.
Director of Community Development RunI said':he believedi iat.federal standards dealt with the amortization
of existing billboards. He noted that if a b' board:is on pxivatc:property, it is up to cities to regulate. Mayor
Egan said his primary concern regarding t llboards.w uld•be in relationship to Cedarvale and encouraging
business in that area Councilmember Mc*as iggested that the intent of the moratorium was to look at the
billboard issue seriously and then determinif any more billboards are desired and if so,where. •
After further discussion, McCrea 'moved, Awada seconded a motion to approve the ordinance
amendment to Eagan City Code Chapter 4 ntitled "Construction, Licensing, Including Signs, Excavation, and
Mobile Home Parks" by adding Section 4.3 'regarding advertising signs and declaring a moratorium on certain
development within the City. With the ap , oval::of::tht::o jpaiicz::amendment, the moratorium will expire on
December 1, 1992, with the opportunity foi• '.dditioiial•�extetisi iri:to;December 31, 1992.
Councilmember McCrea did not s est a longer extension, as she did not wish to tie a future City
Council to the actions of this Council. Co cilmembO;Pawlenty:a3so wished it noted that he would continue
to abstain.from taking any formal action in lying billboards.
Aye: 4 Nay: 0 Abstain: 1 (Pawl nty)
• A.:
COUNCIL cwitag.m..AUDIO/VIDEO REMODEL
Mayor Egan introduced this item as e Authorizatioii•for'£lectronic Interiors Proposal for the Council
Chambers Audio/Video Remodeling. City,etdministrator Hedges Hedgak.provided a brief background on Electronic
Interiors Inc.'s proposals for audio/video inSprovement in the Ci;ty:Council Chambers. Mr.Hedges said these
improvements were intended to enhance co4munications and the involvement of residents in local government.
He went on to say that all improvements would be paid for with franchise fees.
Page 7/EAGAN CITY COUNCIL
May 20, 1992
Mayor Egan said that he had met with Burnsville Counci*ember Glenn McKee to discuss the pros and
cons of their similar audio/video enhancemeit s:;:Mayor.Epap:.*1.that Burnsville was very pleased with their
system.
Dick Stewart and Kate O'Reilly, of Electronic Interiors Inc.,were present to answer any questions. It
was the general consensus of the Council that Level 2 was the preferential system. In answer to a question from
Councilmember Pawlenty, Mr. Stuart indicated that the total project cost for the renovation proposal included
their consulting fees.
After further discussion, Egan moved, McCrea.:seconded::a motion to approve authorization for the
audio/video remodel of the City Council Chambers as outlined in.the Electronic Interiors' proposal for Level
1 and 2 improvements as presented. Aye: 5 Nay: 0:::;:<
VARIANCE/BIRCH PARK ADDITION
Mayor Egan introduced this item as a Variance for Norman and Bonnie Johnson of 10 Feet to the Front
yard Setback off Deerwood Drive for Lot 14, Block 6, Birch Park Addition. Director of Community
Development Runkle explained the application and noted that the variance was requested because of severe
topography and the desire to save a number'::trl':mature oak trees. The Johnsons were present to answer any
questions.
McCrea moved, Wachter seconded a motion to approve.a:variance of 10 feet to the required 40 foot
setback along Deerwood Drive for Norman and Bonnie.Jbbnsoi3::for property at Lot 14, Block 6,-Birch Park
Addition as presented noting the hardship as..severe: graphy and the saving of mature oak trees on the
property. The variance shall be subject to tle;fbl3owing conditions:
1. No other variances shall be granted for this lot.
2. All other applicable City Codes.
Teresa Fritz,representing a numbei`of neigh iii*siaiditliat4when her home and others in the area were
built, there were covenants and restrictions which kept:building in:,Oe area to large lots and larger homes. Ms.
Fritz said the proposed home is very small at 1,600 square feet:;and the neighbors are concerned. She also
indicated that the neighbor to the west questioned how::close building would be to his lot and whether or not
some of his trees would be damaged in construction. 'Director €:Community Development Runkle said the
sideyard setbacks are up to code and no variance to sideyard setbacks are required.
Norman Johnson,the applicant,said the home is greater than 2,000 square feet and is a two-story with
a three-car garage. He said he had met a number of his neighbors and indicated that Mr. Patrick's oak trees
are 20 feet from the property line. He said they have been very c ireful to protect the mature oak trees on the
property and will lose two under the present design. He noted,ltpWever, that five or more trees would be lost
if the home were moved further to the east,.to.gteet.aetbacks,...He reiterated that the topography of the lot is
very severe.
Aye: 5 Nay: 0
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Page 8/EAGAN CITY COUNCIL MINU :•:•:•:•:?".
May 20, 1992 :> < .'.'.':::::::i:?::.
VARIANCE/ PARK 34P:ADDITION
Mayor Egan introduced this item asla.Variance:f0.:0 gtr Salen of 20 Feet to the 50 Foot Setback on
Johnny Cake Ridge Road for Lot 49,Block 2,Mallard Pack: rd Addition. Director of Community Development
Runkle,after a brief overview of the application,indicated that another variance had been approved for property
to the south, also on the basis of severe top,,I.,aphy.
It was noted that Mr. Salen had a weber of financial.�concerns regarding financial hardships which
would occur if he were unable to obtain a v iaii 4.44 r:Eg tt pointed out,however, that only the physical
nature of the property and not financial concerns weir?itaken intt::consideration when considering variances.
Mayor Egan said he would support the application based upon the:Severe topography of the lot.
After further discussion,McCrea mQved,.Wachter secou:Oedl a motion to approve a variance of 20 feet
to the required 50 foot setback along Jo Cake.:Ridge wo ;for Roger Salen for Lot 49, Block 2, Mallard
Park 3rd Addition and subject to the follh vg conditions '
1. No other variances shall begranted for this lot.
2. All other applicable City Codes. '
Aye: 5 Nay 0 :.:. :.:::•:: •
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT
LEXINGTON st9INTE.8TH DITION
Mayor Egan introduced this item a: :a:Comprehensive Guide Plan Amendment, Lexington Pointe 8th
Addition/James A.Curry&C.David Schenl;Changing the Land Use Designation of Approximately 65 Acres
from CPD (Commercial Planned Developm nt)to D-I (Single Family Residential,0-3 units/acre), a Rezoning
of Approximately 65 Acres from CSC/PD ommunity Shopping Center/Planned Development) to R-1 PD
(/Single Family Planned Development) the by Amending the Lexington South Planned Development, and a
Preliminary Plat Consisting of 167 Single F ily Lots and Six Outlots on 80.4 Acres Located in the Southeast
Corner of Lexington Avenue and Diffley R :a4: tt::tiie:;N,wtbwest:,Quarter of Section 26. City Administrator
Hedges said the item had been before the' pri :*8; iti9 ,meeting:of the Advisory Planning Commission and
they had recommended approval.
Director of Community Developme Runkle Frxplained the:development and its location. He noted that
the property presently carries a commercial toning,ho'*Cver after a market study the applicants believe a single
family designation would be more appropri'te. Mr. Runkle said't&at the development to the east is a single
family development with lot sizes ranging fr 10,500 square feet to 12,000 square feet and the average lot size
in the Lexington Pointe 8th Addition is so ewhat above 12,000 square feet. Mr. Runkle indicated that the
applicant is asking for 5 foot and 5 foot sid ' and setbacks rather than the 10 foot and 5 foot setbacks that are
required in the City Code. A meeting w held with the applicant on May 20 regarding preliminary plat
conditions and Mr. Runkle believes they ha reached agreement::on all conditions including the alignment of
the esplanade, a 90 foot right-of-way for the esplanade, 26 feet of interior open space down the center of the
esplanade, and a right turn from Diffley > ::04ecr : iot'ed that the street would not be developed at
this time, however, easements would be •'Mr i inikle: ent on to note that the Lexington Pointe
Parkway design standard had not yet been 4geed upon.
Councilmember Pawlenty asked for the percentage of lots under 12,000 square feet. Jack Buxell, the
architect,indicated that out of the northern p9 lots which are being developed by Mr.Schenkel,33 were under
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Page 9/EAGAN CITY COUNCIL
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May 20, 1992
the 12,000 square foot minimum. He said of the southern'1g.lots/24 were under that figure. The
Councilmember also asked how many lots in:the subdivision would:require a variance for the sideyard setbacks
and was told that all would. Councilmemberl awleaty then asked how many lots would have to be eliminated
from the project to bring the project up to cocdeaiiil::Mr.;'mil'said he estimated they would lose 10 to 15
percent of the lots if they went according to the City C<iiie'on width and lot size.
James Curry,Bob Engstrom and Jack Buxell then each made brief remarks and Mr.Engstrom presented
slides of similar projects. Mr.Engstrom indicated that a 26 foot wide street for Lexington Pointe Parkway would
be adequate but acknowledged the City Engineering:staff's.preference for a 36 foot wide street.
Mary Beth Lamar,a resident who lives at 4420:Eamilton DA*,and Mike Parrish,a builder,both added
their support for the project and the need for homes hi this partiCiilar price range.
Mayor Egan agreed that this property:wao.:46.::an.appropriate location for a commercial center as
originally proposed. He said the property hadao:go:to another:purpose and he saw qualitative features with the
development even if variances and deviations from standards•were needed. Councilmember Wachter expressed
a number of concerns regarding the number and length of the cul-de-sacs. Additional questions were asked
regarding the length of the cul-de-sacs and Director of Public Works Colbert said that the original ordinance
governing the length of cul-de-sacs was in place because of public safety concerns. He added, however, that
public safety personnel had not experienced the problems they anticipated when the ordinance was adopted.
Councilmember McCrea then asked Director:of.Public Works Colbert if parking were prohibited and
no direct access were permitted on Lexington Pointe:Parkway,whether a 32 foot roadway would be adequate.
Director of Public Works Colbert said that tlie.:City Code provides for a 36 foot road standard for a
neighborhood collector but if the City Council believed the.;widthh should be reduced, it would be within their
prerogative to do so.
Mayor Egan said there had not beeit''a subdivision in Eagan in the past 3 to 5 years that had offered
homes in this market range and noted that the topography of the property did not lend itself to a higher market.
The Mayor also indicated it was not the size of the lot but the quality of the development that should be at issue.
Councilmember Wachter was concerned about the necessity of a 5 foot variance on every lot as well as
permitting lots below the lot width and square foot minimum. He questioned how many variances to the City
Code were being proposed and he indicateOliecouIci:uctt::Fipportl.his development. Councilmember Pawlenty
agreed saying he would support the rezotiig••aiiclte?coiripi'elierisive guide plan amendment but could not
support the preliminary plat. He said the City Code was in place:.for a reason and thought this plat required
too many exceptions. Councilmember McCrea pointed::out that tlu would not be the first small lot subdivision
in Eagan and reiterated that it should be the quali4+pf the development, not the size of the lot, that is
considered. Mayor Egan then made note of quality safeguards in Eiesubdivision with a homeowners'association
and an architectural review board. Cound lmember Awada said she would support the preliminary plat,however,
only with a 36 foot wide roadway.
PEA.
After further discussion, moved,McCrea seconded a motion to approve a comprehensive guide
plan amendment changing the land use designation of approximately 65 acres from CPD (Commercial Planned
Development) to D-I (Single Family Residential,0-3 units/ acre);;;:.Aye: 5 Nay 0•
McCrea moved, Awada seconded'*:*:mot ::**gprovs: rezoning of approximately 65 acres from
CSC/PD (Community Shopping Center f''' gitiiied Development) to R-1 PD (Single Family/Planned
Development), thereby amending the Lexington South Planned:D.evelopment. Aye: 5 Nay 0
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Page 10/EAGAN CITY COUNCIL NH . :...:;;;::::::;:::::::i::::::::Mii:iii::
May 20, 1992 : •:•:•:•:•:•:•:•:•:•:•:•:•::.:.:::.:::::.:-:.:.:.:.:.:
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Awada moved, Egan seconded a m 4on to approve a preliminary plat consisting of 167 single family
lots and six outlots on 804 acres located in 4ie::southeast corner of Avenue and Diffley Road in the
northwest quarter of Section 26 subject to tti :00.17.41$c.900.44!
......................•.•...•••
..:.:.::.:•:•:........:.:.:.:.:....:..
1. These standard conditions a plat .l as adopted by Council action on July 10, 1990 shall
be complied with:
Al, Bl, B2, B3, B4, Cl, C4 C3, C5, D1, El, Fl, Gl, & Hl.
-i:•:::::i:K:;:::::::::::::•:•:•:•:•:•:::::::::::
2. The commercial lots shall pdovide:landscapt planS:tm grading plans indicating berming adjacent
.... .•.•.•..
to the residential propertied. :•:•:•:•
:::::•:•• .•••.•.
,
t ...
3. The one-way street is propOsed to be.:i0'wide.
.t,.. ...::::::: :•:- .•::::::::
y::•::::::•:•::::: :•::.:.:.::.:.::::.:::
4. The side yard setbacks of ia..V.::iiiill be allowed on each side. No other variances shall be
approved for this plat.
5. A variance shall be required for the minimum street frontage width for the 18 flag lot.
6. The trail must be installed prior to the installation of landscaping in the median.
7. The Lexington Pointe Parliii*iiWi:sthali include a 42" black chain link fence in a staggered
design with gates and shall be landiedPed :::::::•:
. ..
& A Homeowners'Association shall be form0:444:ebvenants shall be provided to the City prior
to final plat. ..:•:::::::•:•::.:
4:•::::::::::::::::::.:.'
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9. No accessory structures of tiOrage along the rear 20' of the lots.
,
10. Trees shall be permitted 7'from the back of the curb.
11. Pond JP-50 shall be final .‘.ded and restored in accordance with the City's erosion/sediment
control standards with thii":: : i..04i0oiif:.44ttioigitading of the pond shall be sized to meet the
fla
storm water management'• iiN•deiigniiiiiiiirdi.:.:
f :;:;: •.•.•.
12. To meet water quality req4rements fiti this development and the future outlots of Lexington
Pointe 8th Addition, Pond -50 shall have a miiiinium surface acreage of lA acres,minimum
wet pond volume of 7.7 a -feet, and in averatie:depth of at least 5.7 feet below the normal
water level.
i
13. The stub streets and the ut lies in the stub streets shall be constructed to the outside edge of
the plat by this developme .
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:..:.:.:.
14. Lexington Pointe Parkway all be constructed;0* concrete curb and gutter with a width of
44 feet face-to-face and 4-ig4t:79f-.wn.,y.wt4.4411 be 80 feet. .
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15. No driveway access will be'n11C;i;eit id die.dinb'itieets proposed on the westerly edge of the
i ..
development.
F .. ..
16. Both north and south accents points will line up.
;
• Page 11/EAGAN CITY COUNCIL
May 20, 1992
17. A four way stop at Lexingto1.Pointe Parkway and.Pointe Esplanade will be proposed.
18. The Pointe Esplanade will have:*90',.right.g£; ;4iiit.and 20' sideyard setbacks with no driveway
access.
•
19. City staff will support a right turn lane from Diffley Road in the commercial area. A
street/utility type easement to serve the commercial will be placed on the plat. Eagan Center
road will not be required with the plat.
20. The trail along Lexington Pointe:Pai:kway: fill:tie?on:the south side for the entire length of the
development.
21. The road width for Lexington Pointe:Parkway w lie 36'.
Aye: 3 Nay: 2 (Wachter and Pawtenty):*
REZONING/PRELIMINARY PLAT
LAKEVIEW TRAIL ADDITION
Mayor Egan introduced this item as:a: .ezc ing, Lakeview Trail Addition/Shamrock Development, of
Approximately 19.5 Acres from AG (Agricultural):to an:R-1 (Single Family) District and a Preliminary Plat
Consisting of 35 Lots Located East of Dodd Road,.South:of:Todd Avenue in the North Half of Section 36. City
Administrator Hedges said the item had come before the Advisory Planning Commission at their April 28
meeting and they had recommended approval. Director::of;:Community Development Runkle explained the
application and noted that an area of concern,had*en the::aiiiount of ponding,however,the applicant was now
providing two water quality ponds. The developers:was present to answer any questions.
After further discussion, McCrea moved, Awada seconded a motion to approve the rezoning of
approximately 19.5_acres from AG (Agricultural) to an R-1 (Single Family) district. Aye: 5 Nay: 0
Awada moved, McCrea seconded a motion to,approve a preliminary plat consisting of 37 lots located
east of Dodd Road, south of Todd Avenue,in the:N:1/2::of$eCtion:36, subject to the following conditions:
1. These standard conditions of plat approval as ado*ed by Council action on July 10,1990,shall
be complied with
Al, Bi, B2, B3, B4, Cl, C2, C5, Dl, hi; Fl, G1tt':H1.
2. Shoreland zoning setbacks of 50' minimum along Pond LP-26, Lots 18-23, Block 1.
3. Lots abutting Dodd Road shall have a 40'minimum setback. All lots abutting Trunk Highway
#3 shall have a 50' minimum setback. The driveway for Lot 9, Block 1, shall be a minimum
of 75' from the Trunk Highway#3 R.O.W.
4. No driveway access shall be pez iiiizr.:f ro t•'Vrunk.Highway #3 or Dodd Road.
•5. Pond LP-26.1 which will be located on Lots 1$;.aiid 19 of Block 1 shall provide a maximum
discharge rate of 1 cfs, a minimum surface area::of 9.13 acres at the normal water level, 9.68
acre-feet of storage volume below the normal water level and at least 2.5 feet in average depth.
4
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Page 12/EAGAN CITY COUNCIL MINUTE$;;:;:;:;:;: >>::::::::::::::::::::::::.•May 20, 1992
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6. Pond LP-262, which shall,:be. located in the .ztortheast corner of the site, shall provide a
maximum discharge rate ot:f::iilfs,a minimum,:sutface area of 026 acres at the normal water
level,9.68 acre-feet in wet 1?'p iiit:1 ume.apd 2: eet in average depth at the normal water level.
r
7. This development will be responsible for extending the storm sewer that drains Todd Avenue
in the Manor Lake 4th Addition to the NWL of Pond LP-26.2.
8. The grading plan shall be revised to show a 30 foot buffer zone along the north edge of Pond
LP-26 that shall not be dis4�''rrfed::::::::::::::::::::::::::::::::::::::::::
9. The sanitary sewer through this development firm Manor Drive to Dodd Road shall be
constructed at minimum glade to provide an ieyert elevation of 913.7 at the Dodd Road/
Lakeview Trail intersection
10. The developer shall petitio tlieCity to coFistiuct water main on Dodd Road from Lakeview
Trail to the existing 16" wafer main on Cliff Road and to construct sanitary sewer and water
lines along the west side of Highway 3 from Todd Avenue to the south property line of this
plat.
11. The proposed lots abutting;Jaighway 3 shall dedicate a 30 foot wide utility easement on the final
plat to allow for the extentlee:til`:sanitary sewer and water main along Highway 3.
h ,
12. The development is respo able.for providing::or financially guaranteeing the acquisition cost
of the easements required for Piids LP-26,.1 -61, and LP-26.2.
Aye: 5 Nay: 0 ..:...::::.:.:.:.:
REZONING/PRELIMINARY PLAT/DEERWOOD 2ND ADDITION
Mayor Egan introduced this item as a Rezoning for Deerwood 2nd Addition/Independent School
District #196, of Approximately 23.5 Acres;.from AG:.(Agricultural) to PF(Public Facilities) and a Preliminary
Plat Consisting of One Lot for a Middle School:a tedAAl ngthe:S:buth Side of Deerwood Drive,West of Pilot
Knob Road in the Southeast Quarter of Secon 21. City Administrator Hedges said this item had been before
the Advisory Planning Commission at their Y,pril 28 meeting and:they had recommended approval. Director of
Community Development Runkle describeck the applie *son and*:"location. It was noted that representatives
of the School District were present to answer any questions.
Councilmember Pawlenty said that a call had been received from a resident who was concerned about
the loss of a wetland area and tree stand 41 did not feel the School District had looked at other alternatives
for the proposed balifields affecting those areas. Kevin Sullivan,of Wold Architects,first explained the difficulty
in finding 25+ acres on which to build a middle school. In addition,while finding sites is virtually impossible,
when they are found, costs have continued o increase. Counciliaiiit<mber Pawlenty asked if the School District
had looked at all options concerning the trees and the wetland ate Mr.Sullivan said the only way to mitigate
the situation would be to remove one or :i? tl#f eli3S: d;th did not feel they could do that.
After further discussion, Pawlen moved, Awada seconded a motion to approve a rezoning of
approximately 23.5 acres from AG (Agricultural) to PF (Public:)'ecilities). Aye: 5 Nay. 0
.
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1
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‘ Page 13/EAGAN CITY COUNCIL MINUES
".•••••••
May 20, 1992
••••••
Pawlenty moved,Wachter seconded'i:044tion to appn;#4 preliminary plat consisting of one lot for a
•. •. ••• ••
middle school located along the south side of Deiti#004:D4*.:.;:*.it of Pilot Knob Road in the southeast quarter
of Section 21 and subject to the following
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall
be complied with:
•
.••••• ••••••••••••••
Al, Bi, B2, B3, B4, Cl, C2 C41 E3 •• • •
2. The existing well and septic systems hàll be abandoned per Dakota County regulations.
.•:•:•::.•
3. The proposed pond to be locatAd.:i0:il*northea#:Corner of the elementary school site shall
provide a maximum dischatge rate of 3.t4;.:0•::00...tia storage volume of 3.5 acre feet, a surface
area at the NWL of 9.55 acres and a minlinum wet pond volume of 2.1 acre feet.
4. The storm sewer layout in the southeast corner of the site shall be revised to prevent
overburdening of the existing 27" storm sewer that drains Pond BP-4.
5. If filling of the 0.4 acre wett.and.located in the northwest corner of the site is approved by the
appropriate agencies,then re0a4Ment of the wetland surface area will be required on an acre-
for-acre basis. •
.. •
6. This development will be responaible forr.exten4ling their driveway access to Thomas Lake
Road/Johnny Cake Ridge RO4tirOten46n*:.When this neighborhood collector street is
constructed.
::::::•:• ••
7. The utility system on the elementary and middle school site shall be a privately maintained
system.
8. The standing water portion of the storm water treatment pond to be located in the northeast
corner of the site shall be::Wgg:O.f:00.:0041*:36e..:trunk storm sewer and 33" trunk sanitary
sewer lines.
:•::.•••
9. This development shall dedicate a 4Q half right-of-way adjacent to its west property line or
commit to financially participate in. an equivalent future right-of-way acquisition for the
extension of Thomas Lake/Johnny titti Ridge Ititiad.
:•:•:•:.
10. This development shall agree to pay for one-half the street grading, drainage, trailway and
surfacing costs for the future extension of Thomas Lake/Johnny Cake Ridge Road extension
from their south boundary line to Deerwood Drive.
Aye: 5 Nay: 0
Mayor Egan indicated that Items 1 and 2 of the Administrative Agenda had been addressed earlier in
.......•
the meeting. :•:•:.:
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i ,•±.
Page 14/EAGAN CITY COUNCIL MI�:
May 20, 1992 :;: .:::
CONDITION VSF:PERMIT A 'AUTO BODY
Mayor Egan introduced this item as"eRec nsidoratio is of the Denial of the Conditional Use Permit for
ABRA Auto Body. City Administrator Heds indicated that Attorney Peter Beck, representing ABRA Auto
Body,was present.
Peter Beck said that ABRA Auto .y;.bad.applied for a.luilding permit and said they would appeal
to the City Council if it were denied. HC :hiss:clien<ts:,wts d; to make a presentation regarding their
application to the City Council and regretted of havingtdiine so a(ale May 5 meeting. He said he felt confident
that if they had an opportunity to explain RA,the'City Couna3:would reconsider their decision. Mr. Beck
added that if the auto mall cannot be used auto-reIated issues,some direction from the City Council would
be needed. City Attorney Sheldon said it sh uld be:nd that at::i*sue was whether ABRA fit the City Code's
definition of an auto service station. Count''';:i..e fiber:McCrea flied if there were existing ABRA stores where
she could observe their operations. The app : i is indicated:they would be happy to provide a list of the ABRA
Auto Body shops in the Twin Cities so she uld• choose one that was conveniently located.
After further discussion,McCrea moved,Egan seconded a motion to reconsider the May 5 decision by
the City Council with respect to the ABRA auto Body conditional use permit application and schedule it as an
agenda item on the June 2, 1992, regular :Council meeting agenda. Aye: 5 Nay: 0
VLIMIMMAtHeARD
Jerry and Carol Thomas of the Dianiond:T:Ranch approached the Council about a building permit for
an addition they are planning to the clubhous :.i :a)ionld he noted that further building permits cannot be issued
for unplatted property without the approval €the City Council). Director of Community Development Runkle
said his department had been working with . e Thomas' regarding the proposed expansion and staff had asked
for a site plan so that the overall plan coul be reviewed. He said a conditional use permit granted for a five
year period was the controlling entity on the' roperty. Mr.Runkle said a building permit would be allowed for
the expansion of the existing building only. •
After further discussion,McCrea tg ved,Egan:secc�decc :a*motion to authorize staff to issue a building
permit for the expansion of the clubhouse op the Diamond T Ranch property. Aye: 5 Nay: 0
REFERti iDUM • ::::.:
Councilmember McCrea expressed her disappointment in the outcome of the referendum on May 19,
1992. She said it would have been consideratly more constructive to have heard negative comments and issues
before the vote so those concerns could have een addressed. Mayor Egan said he had spoken to George Martin
and Tom Wilson at a Rotary meeting and duty are proposing a community committee to act as a sounding board
on community issues. Councilmember Pawlenty suggested a resoir person at the Humphrey Institute who may
be willing to work with various community]]e�aders in such an effi iii.
COUNCI 4 LIAISON/CAPONI:.4RT PARK
Anthony Caponi has suggested that a liaison be appointed between the Council and other entities
involved in the Art Park development. He recommended Councihnember McCrea or Councilmember Awada
and both have indicated a willingness to a pt that role.
V
: •:•:::::::.:•:.
• Page 15/EAGAN CITY COUNCIL MINUT
....•.•.
May 20, 1992
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•:.:•:.:•:
.6::.....•
Wachter moved,Egan seconded a motion the checklist dated April 30, 1992,in the amount
of$854,322.63 and the checklist dated May 19, 1992, in the amount of$498,019.28. Aye: 5 Nay: 0
CONSULTING FEES/AUDIO VIDEO CONTRACT
Councilmember Awada,while apologiiititio**iiiiiiiiigth4uestion earlier,had serious concerns about
the consulting fees involved in the Council Chambers media system renovation The Councihnember described
the fees as excessive and after further discussion,the Ciitincil directed staff to review the fees. It was agreed that
approving the contract for the renovations would not prevent negotiations for a smaller service fee.
The City Council adjourned the regular meeting at 10:30 p.m. on May 20, 1992.
KF
. CFTY OF EAGAN
J. YA4.4;3*.tiiace
City Clerk
. . .
:•:.•:
•.••.•.
.•::••:
••••
7
1!
1118011€1131 a
CITY OF EAGAN n
P
POOL/AREIIA REFERENDUM
MAY 19, 1991
Blank/
Precinct Yes No Defective Total
1 34 168 0 202
2 58 a 109 0 167
3 21 89 0 110
4 49 125 0 174
5 19 65 0 84
6 40 7 122 0 162
7 211 246 0 457
8 227 385 0 612
9 46 204 0 250
10 72 k 176 1 249
11 266 371 2 639
12 279 340 0 619
13 565 546 2 1113
14 115 185 0 300
Total 2002 ', 3121 5 5138
I
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.
EXHIBIT B 1,
ROBERT L.CRoss CHARLES C.BEROL'IST B E s- R F LAN A GA N CIXDY J.LARSON Or COt'SSEL
�LOXARD M..�3'i DUTO� GEORGE U.LL'DCSE �` Ross P.BOYLE JOAN R.CARROLI.
Ro ERT R.BwaTH E.JOFLPH LOVE Ross C.FOR LE JAMES D OLSON
A TORNEYS AT LAM
N.MOLTER GRAFT GREf•ORY D SOPLE CasYr SCAZHB GLOVER ROBERT M.SSAR£
D.BAR�ARD CATHY E.GOBLIN SassA S.GODFREY ARCHIBALD SPENCER
CRaBD-�. PETE R<U� PATRICK B.HES�ESST 00 IDS CENTER Mass E.SHE�RZ] CHARLES S BELLOWS
ROBERT J.CERI.TIAYso'.JR. TIMOTAY A.SULLIVAN CATHERINE J.COURTNEY WARD B.LEWIS
FRAes J.WALT TAMMY L PUST 80 0L'TH 8TH STREET KEITH J.NELSEN
Huss VOOL BRIAN F.RICE TRACY F.KOCRE\DORTER
1t4asiSt.s N.t_t. PI'TTEN.Ja TR.,ry :1 \AN STEEN/SURGE M INN POLIS,,1N 65402-2113 Jr-taxies M.REDING
Das-ID B.Moss' DAVID.1.Zt'BHE RAMC IPPE.� M.DIsO' RLTISED
Jos' !1.BL'RTU>. iR STE`'£x R. irnELR TEL HONE 1612 339-7121 MAHLH LLO�ABD M.SIHONLT
a11LS C.DIRACLES JANE' P.MICHEL�� Davin R.JoESsox •
ggoBLRT D.E L.MELL£&.!R. Per E.KAMINSE1 TEL'$OPIER 4612 339.5$97
Score LLEB
May 20, 1992
City of Eagan
3830 Pilot Knob Road
Eagan, t:N 55122
ATTE';_IO!.: Marilyn
Re : Vernon R. Colon/Oak $Cliff 6th Addition
Dear nrilyn:
•
At the request of Mr . Sturm, I am enclosing for your attention
the foilDwing relating to the `referenced matter :
1 . Three copies of Development Contract executed by Developer
and Owners ;
7
2 . Three executed copies of Waiver of Hearing *379 ; •
3 . Three executed copies of Scenic Easement .
The only change in any of these documents from those prepared and
submitted to us by Mike Dougherty, the Eagan City Attorney, is a
change on page one of thel Development Contract to change the
identity of the Developer f `om Federal Land Company to Vernon R.
Colon d/b/a Cedar Cliff Managment and a corresponding change on the
signature page . I am enclosig a copy of my letter to Mr . Dougherty •
by which I have advised him o this change.
As far as I am able to determine, Mr . Colon has now provided to
the City all documentation which the City has requested concerning
this plat except a certa n Parking Cross Easement and the
Irrevocable Letter of Credit, in the face amount of $138,293,
required by paragraph 12 of the Development Contract. Neither of
these items is disputed . Un ortunately, Mr . Colon has been called
away on business and has n t been able to attend to these two
items . He will be back next Monday and will deliver both of these
items as soon as possible . n the meantime, we understand that any
approval given this evening i to be conditional upon the receipt of
the Cross Easement and Lett of Credit in form acceptable to the
City.
•
.
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0
BEST & FI.ANAOAN
City of Eagan
Page 2
May 2 0, 1992
I will be present at the Council meeting this evening to answer
any questions which staff or council may have .
BEST & FLANAGAN
c
.4 c4 v
Robert R. Barth •
RRB: dpr : 77890
Enclosures
DELIVERED BY MESSENGER
cc: Vernon R . Colon, w/o encl .
James Sturm, w/o encl . ( By Fax )
Michael G . Dougherty, w/o encl . (By Fax )
Thomas A. Egan , w/o encl . ( By Fax )
1111 MINUTES:::97:4:4110.4i*EETING
• ...
OF THE::EAGAN:::CITY:::d6.00cm
gan Minnesota "
•.•..
).14y 26,
A special City Council meetineieas held on Tuesday, May 26, 1992, in
the lunch room of the Eagan Municipal Building at 5:00 p.m. , for the purpose of
holding a joint meeting with the Advisory Planning Commission and to discuss
street reconstruction policies. Present were Mayor Egan and City Councilmembers
Awada, McCrea and Pawlenty. City:::Go4n4lmemhez.:Wachter was absent. Also present
were Director of Community Development Runkle, Planner Sturm, Assistant City
Attorney Dougherty, Director of Public Works G4bert, Project Planner Ridley, •
Sign Inspector Rollins, Street Superintendenthart, and City Administrator
Hedges. •:•:•:•:.
.•.•...•.• .
Mayor Egan and City GliitiiiiienitiO0ediea excused themselves to attend
a groundbreaking ceremony for Elementary School #17 on Wescott Road.
GENERAL DISCUSSION/ADVISORY PLANNING COMMISSION MEMBERS
Acting Mayor Pawlenty welcomed members of the Advisory Planning
Commission, Chairperson Ron VoieWand commission members Scott Merkley, Gary
Graves, Shawn Hunter, John GOrman4ii04011A9riggs. Acting Mayor Pawlenty stated
that until Mayor Egan and City CounciiMiiihOOlcCrea returned, the presentation
and discussion regarding outdoor advertising and sign regulations would be
suspended and encouraged members of te Adyi/0401anning Commission to share any
discussion or input about generalp4i#44Mitters, about City Council philosophy
on planning issues or about othef:Mis of interest to the Commission members.
Commission member Hunter suggested discussion of the preliminary plat for
Lexington Pointe 8th Addition due to the split vote by both the Advisory Planning
Commission and City Council. He raised questions as to whether. the Planning
Commission should be making concessions, such as variances, for development
proposals similar to the Lexingtonjointe8th Addition project. , Acting Mayor
Pawlenty stated that, in his opthion. Planning Commission should
consider each application on recommendations to the City
Council according to City Code regulatiOns and the philosophy of the Commission
as to what they feel is right. He *atedhat he had voted against the
preliminary plat for the Lexington Pointe 8th Addition because 50% of the lots
were less than the 12,000 square foot minimum 40: required a substantial number
of variances. City Councilmember Awada stated that she had supported the
preliminary plat for Lexington Pointe 8th Addition and had made an exception for
the variances because the property was downzoned from a Community Shopping Center
to a Single Family zoning classification. As a result, this development would
be an exception regarding the number of varian*.
Acting Mayor Pawlente.49:44he return of Mayor Egan and City
Councilmember McCrea from the 004in.4Ziiiiii)44400mony at Elementary School Site
#17 and turned the meeting over te MaYet ggin. ' Mayor Egan suggested that the
City Council and Advisory Planning Commission nOsider outdoor advertising sign
regulations and the presentation by Mike CronWof Naegele Corporation as the
next topic of discussion.
SCC MINUTES
MAY 24, 1992
PAGE 2 .
OUTDOOR AD • •.$'NG. SIGN:; GUTATIONS
Mayor Egan welcomed * number of persons in the audience representing
the sign industry as well as residents to the community who were present to hear
a presentation by Mike Cronin cot Naegele Sign Company and a discussion by the
City Council and Advisory Planning Commission on proposed outdoor advertising
sign regulations. City CouncilmattbleTIYAIMated that he has announced at
previous meetings that a member Of`hris: 10:::firm :represents the sign industry and
that any discussion, recommendations ot::;:a:ction: e:garding public policy on sign
regulations could be a potential conflict of interest. He would, therefore,
refrain from action or discussion on this agenaa•Atem.
Mr. Cronin thanked � :•Ci'ty Cot,m0l' for the opportunity to present
a land use perspective on commu. ity development and how it relates to the need
for certain types of business nd advertising signs. He presented a slide
presentation that explained th ' contrast of what is acceptable in terms of
business advertising on either lon signs or outdoor advertising signs in core
cities, old established neighbor ood shopping center areas and also new suburban
developments. Mr. Cronin state. ' ifiat, in his opinion, suburban design does not
allow for individuality. He said subut1 businesses use standard signs which
deny the opportunity to use sins .to Mike:<:a;:statement such as those in the
commercial areas of our core cities
Mr. Cronin also pres nted4suals that referenced Pilot Knob Road as
a main street, the Town Centre `nkee`Square Shopping Center area as a downtown
area and the Cliff Lake Centre a an uptown development area. He suggested that
the City Council and Advisor Planning Commission look at the community
differently than through its st ` dard zoning and comprehensive guide plan maps.
Instead, they should focus on r gulations and a development pattern that would'
allow some outdoor advertising o. portu4ties: north of the Town Centre "downtown"
shopping area and possibly a ;...41.. :owainG:e•.:: Eot:: outdoor advertising in the
southwestern part of the city for `the" 'Clif'f Lake Centre "uptown" shopping
district. Mayor Egan thanked M . Cronf:i':1::for hi:s::presentation and comments.
Cheryl Casey, an Ea an resit3ent, stated that billboards or outdoor
advertising signs, should not b allowed at all::::in the community. She further
stated that in her opinion billb bards do not have any purpose for the community.
Others in the audience, includ ' g Mrs. John Young, representing Young Outdoor
Advertising, and Tom Hart, repre enting Adams Signs, expressed their appreciation
for Mr. Cronin' s presentation an asked that the City Council consider reasonable
regulations for allowing locatidhs within the cctiunity to be made available for
outdoor advertising sign opportunities. CoiM ssion member Graves raised a
question about the sign poll that::•:�?as:.:.•PPssented several months ago and
suggested that a clear/concise 1 4:f:.t .i!0# e<:*a by the City Council as to how
outdoor advertising sign applications should be-:processed even if a variance is
eventually required. Commissio member Merkleyaised questions as to whether
there are any sites available ithin the City::;:tor outdoor advertising signs.
Director of Community Developm nt Runkle indicated that according to a staff
f
i
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MAY 24, 1992
PAGE 3
analysis, there are approximately seven.,sit s ?that appear to be feasible for
outdoor advertising signs.
After further discussions regarding outdoor advertising sign
regulations and the present moratorium on existing and new applications as well
as other input by the Advisory Planning Commission, the City Council suggested
that consideration be given to the.;:;for :4onn::;AfA special task force. The task
force could evaluate business' aid''':iEnvironmental concerns and then make
recommendation as to changes in exist ;ng CitCode regulations that govern
outdoor advertising signs. City Councilmembers .agreed that the study commission
should be appointed at a later City Council meeting, taking into consideration
representatives from the sign,;:.andastry :.:.:.tie:: local business community and
residents at large.
JOINT MEETING/ADVISORY PLANNING COMMISSION
City Councilmember Pawlenty recommended that the general discussion
between Advisory Planning Commission members and City Council return to the
subject of the Lexington Pointe :8: :;Addition preliminary plat for the benefit of
Mayor Egan and City Councilmember McCree:;:::;::.0 ty Councilmember McCrea stated that
she is generally supportive of planning':::deviations that provide a certain
residential character and felt the 4xington,.P4nte 8th Addition project would
be a unique residential neighborhood . ,Mayoa✓lgan shared the reasons why he was
in favor of granting variances for:::this:::deveiopment, emphasizing the downzoning
from Commercial Shopping Cente;ir:::>to'' Single Family Residential, the type of
landscaping and the general development described by City Councilmember McCrea
that would occur as a result of the project.
There were other comments made by members of the Advisory Planning
Commission relative to building:.contro1s.,..architectural standards and a brief
discussion of the action taken f4 ii:p*.2 e::A v spry Planning Commission and City
Council regarding the ABRA conditional 'i:&— ieimit application. Mayor Egan
thanked all members of the Advisory Planning Comiission for their participation
and attendance at the joint workshop ses' on and::praised them for their volunteer
work through the community. Commission members;: thanked the City Council and
asked that more frequent meetings be held ti?::::share philosophy on proposed
development and interact as a more proactive planning approach to various
community development matters.
STREET RECONSTRUCTION
Director of Public Works Colbert ataig with Assistant City Engineer
Foertsch and Streets Superinterpder►t.::Erhat.p•..appeered and presented' a summary of
the proposed street reconstruct jinn::::: ::: h4nance needs for the streets •
infrastructure system. He presented, with the aid of overheads, the various
types of street repairs, including approximately 15 miles requiring
reconstruction, 11 miles for overlays and apOiiiXimately 170 miles for ongoing
maintenance. The Director of Public Works provided statistical data on the age
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of the streets, the year they wire.'as ils.tr is t d`and the fact that many streets
have exceeded their original lifi expectanty'and have a more immediate need for
reconstruction. He further complimented Streets Superintendent Arnie Erhart for
his excellence in the use of cr*k sealing as a major maintenance effort which
has lessened deterioration and increased the life expectancy of streets within
the community. :::::.::>: