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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- . . . . 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- ri r { to %, i • ..•••-r,A.• r• S ti tC , • .....„..„.1.„......„........7.,...„,4,, ,,.. ......._ . . . :.•.... . _.,. .,• ......, • . . ...r...•. . ,....,... • . r• ••I ••.... ,•.. y r' , L4- - . - S• r r Lr ',---,--7 •7_'„E"1„;*�{�-i _ c . l'' ft-feil � s• t► te(' i ? L � •,'a •, . - ... _. -r. „a : r-- '. fir. ti• .i• ^ . -.' T , r ?t ".•a* F .t..t E ° nom T ' V 4 `-, -ta. ∎.' i �.• .I- r, t}! •..r(r N J' ,.....1. .GY..l{ ti^�G�2 rM +, ,1',!fl!_ .r L7 L .3.., .*v.. 4 ) •i.I� .•Y.S.i�i'''t° = y.^4"- r^..1 �yr����-t t�.c--- r ,tea �S-'."Z- +t • �`tr y 'i h 1 t+•' t .'� - ,,, .4Of 4.1,•'r 7144..el ++A t.,�, r,1 ..ri � r r”t....r� •-•.;.-.1"-...,-.,4 - - _ `y,, . Y... .. ...t•,i I .•Y • - � �.. ,G .-.�"ti`r Y -- 1aa� ' rr 1, ,. w Z , r r may. C: 4.` 1-.,r^ /S i i•. , 4_.;t �- 7.7;4_.'rt'Id �I'��• " 1`r7 } Vii, '" `� -+ F '',•-. zs''•Jr PI .L. ,.Z+•�;_;_,•,T . j'y ' _t ' -' ,,� `r -,-,,„!!-,,"1....r.1 ",'-4,,--`-'. ' t--T - � - ��tYl..'.'°` "t y .• ,y z - yte t -. ' , .r` . m' 'i!'..,�°` N„x, .... 9 "r li ,t. ,1-- r",-'y� f N Z f .• ' r �,- _ • . .- 'T — • 'k 'M.,-.r- .41L-410,4„, _ - 9r �„rt' -ym'.' �.k.^r i � �;j.' .t a Fes} . 'i'c �'" c'-r-� ..414:;,-" •-,t,`_ t,. _ ...: - Mail Tribune y ,x �' °"" T Ter '7. .i• . '....g-- Friday, July 6, 1990 , *; `.} '., -R- y j\r; ;' .��:� ; : z Pages 3-5A ,,fit M:y �w,1_ '.•'T.ty�.... .y.}^„ .. .-n 1!:,n+� i C.:�r*Ai.;":.: .y,..---..`i-�Zi.7csG:•`T • Mali Tribune!Jim Craven 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. • • • 0 - { '11 _ • ! 3: !Ili :t 1 iii •:s P. is ii= is 1 :1; • s 1=1 : s : i i'I : - 1 I : . �:a ' Li i :i• 1 ..:•12 ti i_ ! r I. :i • is . • if i-t : !: € S :yj 13.13 I:i L 11 = a 1 j 1 = 110.1 s - �3 s �:� � „•r ! !Mt 1• � i a •• _• ;a t I. V.:: ! s- s i s t` ! i s i -i - i t :- I ! 1 i i a ; sY „i• a 1. 1 . : El 1 II IX I ;: i•` i 1 Pi=i i 1.1?' _ ' i t' i i i is ! 124 1 t _1i !!!i!! t11i1 : 1 . s s • =i ( 1 a I 1 :t :Hs i '' 1 . : 1 it. s 2.iii ••_ a i I = a 1 ' I! .sia 3 1 'a 1 _ ss ! 1 3sif ' :':/ . - 1 : = i : i = 1:. - i! i 1 �: ii i-:1 i i • i i 1 f:_ i s :II : i° i! ! I. 1:: i s _ I ;! ! iai 3:_:i 1; f__•. 1 i ::f 2 t i;' I 1 .t :I f s: ztl i f; t: , i t ; : :: ni _s i' i ts:.:i 2f it t q I s s ; 1 ': : ` :1 . ill :i lli : :_ ilia: _ ' ! I iii : ? i !t ii s- s• ; ' lit 1 1 ! j:. = a I {T s i = i t ,►� hi; i i I ? : i 1'x1;3 0 ii i = : i l I : .d _z ii e E = ili t -e _ ial t: t: a i -s;0 • (-----r: ----i . . - • . . : -.: X • a �-1 _� j 3 s . _ 1.1..---"..- 2f-j.- r (.7L O \7 'r: r c•J i ii .∎ ., a w ! /\ I "�" f_+ _ . / \ • • - I I - AT- - illi I :I 11 i It I I 214 = 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 Attachments JH/vmd ■ w • J W aw O CC cc N D r, ° ,VI 0 \ cn r Er '-' NZ • h- < \ a z W a i Q °0 Q I o co --I w W o � W a 1..D Z U Q >- W \ N in Q ¢ N m N H •., 0 z -7 \ V. W z 0 — O Q cc W O I- in - ._.r --7--"41-• 11,r4a Ste; `�<'- Ji 4 t) . - �S et • " ��`�rr�+}T� i� • `' tw. 114 z 'Y rti 7 }a'' '•.. •r`� $ Js�' _ r %- `�► S 1, Y s ..:18:4:x--_--.4-•-.4,- -.4 /, 1. 4•11-'......;,,,,..„."rte, 1 _ 1 T 41 !i ,)a �.if,l +p'A .-t 4 n i.,. (■��[,f�� �c u. . ' s1,- .‘i.:-. • .. -. 4 f • .i, i-t;-•tk_�j,T '4 t"J� ,. �ji• � Ts- i '1 Ti • 1,-...- _ T4,- - -4w "+`" R+P/rrli t-ii"'' �;•-. ji•,�,-S ir.- .„ - . ._ s,_ e, . 'ice- --.e�.L i •:Y-4. .., Jr 3.. p r .y. + E. ! ../1"....,� 4j•��,�:/---7.' '• JT_mi l•' " •��� Y - �,t. . - �� � '4". + r T „ -` r....1 ,� _ �R. i tom`'' _ -•4� \ * 1. ' �t1t f/ X111111111 ,�s �` ! , 4x , �r _``�;-• i' . % // / mot �' �1 -s, _ :,/r �l . / // / Fx .ter i , +�� • / / i 1 'l. _ Its O - .. ,. -... ',. �i?.��� � - ---S►.• ii, /// / '/' , Iii' 1 > - `'' '_..' e ii �`', � ';-�`' -✓fi g vii.... 'llrll;lt5d' l' • • - 1' IF-1• 4< -/ ooe 1-..t/��Il i .,‘. F .,w .. ' ''tea r s , v ,�..„ , .■ "44 ,, _ i p• 4,,„„,„7, .....A, i..... --/-44b, ., , \iv- ,....._-%---- _.. rah.1"..1 "null1P ..........................._ ddlla ........iiiii lAi i / !."•isii .'il Nillowirai 1‘..__ � 02 0 • • of aagan 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 r c23 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 • 1 • 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 r � . 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 _ .t ivy' 0111 1 al:::., ,., ,....i • . . .... ., ,. I. ,p i. . 1 . 4 ',f■'1 "•'' t 1411 1 •• .• p , . . ,...,„ ,rg.,,,,,,,)_.:. s .., !7 1.10 n , 1 ilgi -% ft * . , -°CP.'. 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T.' 7 i . 1 1 . 1 II I / . ...1 ...1 , , f: ■ I -,, ;, . . -,../ / 4 I I ,I I 1 ."' 1 1 1 1 1 ' / / / ti V- --..............,..i c • 2 --]: r_7. ___I 1_7___, I I ' 1 ' I , I:: r. r; .",1 P. 1 P. r_! V V. ., I N ,--.: .1 i - -------1----...,......'''....'". • 1 1 I I I / , 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. • • s41 OW OVAP ' „ .I r�s. !• I'ryI� j f wo..i�t C 4. —X J /� . IM/SI All ♦P i 1 !.Mfw.r f P lM I % % �f •-IIU••nM PI--., _ .,„,..1. • • eII ;„ . .,.. .: .• y I Il • 1M0 ' BIUR► PIMr R. 's,NE % 1 NW I � iii LOCATION `,, • I E 1(...7$110‘;.,, . niv 1,. i -,- :__ 4- 1 ba 40k., ‘ ',-) ..0'R/ fM'd!'41 —.. VS f. x041: :V1.'1��•{(� f - 1• R1�CIE/'7 ,�-' iii.`p*✓n ► .i• 0A„,, „,„, , `_. i,.-fit „II I „jam •V • un• .• Ur I :.I i ,: •._. 1 at1.7 '` 'FG ` -&4 ZONING = �,i . --, •: . - c._tr pt, I! i �►� t fit `•.• • 1 v ,JPN, :.•'I I't - 'lieu- - ,, ,,„ , .. L . '11 ' I AT Aieli `� -w: = •:I .'11,1,16 1,•4 ,• Ne — .- 1/ Coo r coo I I , SC ( I is /' - ),\ ' o, GUIDE PLANS 1ç11 o N o•1 . S •� u..0-N . .1 .L. 0 -- " 1 IF ir i Z'''''\\ • • ••• • /• 4FF / f.„.0___ __ ____ . .. E 0 //, .____ ...... I; I.._,"-- - - 1 ....- - —... --. :I:. ....— :. • il g ', - _ _ 1.1_1_1; I_i_s :._ • .,,, . . . , 4t1.:‘Th. lit 3 r ,r —k- • •. iJ + I ' ). '=1 e j Q, �, i• 1) .. 1cr 'S ' :4 .t , \ cal\ A ca 1 a I ——— i I..t _ to �i ,.,��� s•_ _.. \ t - Li, _ Fit' "t a•'' tt\ t I''411 \ -- - { _.soce i \ I 1\ I 1 _ :_. _ _ _...---- . I 11 11:///// • I i \'% 1 ,,if • . 2 .4 ; 1 i 171-I-Is IV iiii be I • 0 ;::i 7 at 11 , , i 1 ' ii 1.= i;11 • ) kit g .. 0 •t - r..0 'I Ak 7., A • 1 i' : E'AI:i51 , \ iiiii 6,— e 5 1 I • i Ii l i 11 _ _ - - _ . — 7!!' 1 1 E dimi ! • — ma►aftmgmlimmiftwoldlimssali 1088 Car - 2 Mufflers 3. • 4083 s.f. k El"c 2000 s.f. 3000sq.f L.5)*, m Kennedy Transmission -bra 500 s.f. Super All Imports America 2000 s.f. 2500 s.f. 3000 s.f. • g restone 600 s.f. • Jiffy Lull) : 2600 s.f. • Iii.imimmi ' • 4 • 7.7..i1:-= Total GLA - 28,371 s.f. DWEST��AU`0 MALL SITE PLA.1 Eaacn, MN NOT TO SCA 6-7 • 17lT' . 1b088 KENNEDY Car - X Mufflers__ • „ ” —4083 s.f. f. c 2000 s.f. . d CC c • d - - _ bra Super America 2500 s.f. ni ALL D;PORTS • • Q 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 . 0 ME ADDRESS Nil�_- _1L_S��1> C L k L IO B 2 Sal tee. K A4.P 6'-< 4. .a � ---1) ..r�. j h r->S ' C_ - 7: � � � D/e /"A � LSD e2 SeC4rr f, c A/ / . ; _iLD r ► 41_11 i226____&vdpy-4_Mi__1(2j3.2.(2 H.,--v l' 4* !__ ze:exe, 11147, bTd‘2a---44&41,12 -=%--4a t, _D..§.U.n. _ al A.4.1. (0(-(- irj,"12n, G+1 z_yo tro,c) b,(....1,.) (. 7 /1-61 _V P DD6L 6./4 `--A2'j--- ei-Q-,.jj-3'4. oe- t-70 00 tj4,, ;c 41x. T.- . fa&eirgi - - ._., ls--_,Efag. .604-4)0 e.,90 /-4,,,,/ iv m),:). -6.4 �Z"`�' ��� _ s- LAa ezo frtviz�or's SkS. 43 - -tf-7. 1�? JJtt / 7 � � 1 LLL--- ' = -.1&r,L C211 V_ C I rc,(L Arri i '..,q I , _t.. o j _i .. 1 ) vi ii ,-) L.o R/0 4,i, S,,b '+4 3 g L/O _?I:4 47-�EY D� ou�� 33 5 ��-Y 5 G1 tf -2_ 33ir- _ s-x1.0-21 /100 f{c,ruey 00,0 --- �_ _ .r/Z_.E__ 3..45 - --" ,' " / �IIU aeLQ,.ti.4 ∎ , ., J4.9_81 - ' 25rr - Zi ' ✓,ii/s% � 0. 1/2. L >c, ►3 ► 'Hve&4-44 __ 4/.2 k_v k C-t I- _3_SJ _1:-' g-.9 __�' - C,d g _mil tk-C_«lr „___5si z 0 /(I - 02(060 - 052,- 07 %J f n /0 - D0000 - 0S!i - °-.7 (..59 THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 149 . • NAME ADDRESS r, _ - loll Sat?(CA C,sC.- L/0 is). ce!.,,i /aen. / .?:----, , _', ArAillik e2../ 9 SaMe _ze.._43 1---.2-0_6___Sel.m.rk ADZ,. kft_-_- .. 1 , i 4/ -- e/ &44e(tg 1' " It II / 4' / LZL. /, % L3v 6? Sow,- / f, ,A1444.'641- -- V i/F Scat /y G/;.'c/r x_30 , j N,,e = 4-6'3, --&-Lea-- <!'' 44-1-1.6.4.-yr v_D___.1_6_a(zi raril....L_S-0 62 C,4,A,* 09a. _g OL31A) lvorClc'f11 Co dgl!i___QJ Clg,2 LGD A3 ce.( ,-- 404 1 C-fs I-13 0 sc 1m4,4_ /Y/>t - ---JQ -lik Aad/_- D.Z q -��s �y� , , , , - -I — — .13L - filet I- 1,1,1, 1_11Q JL1_tr„y 'i-e 4473. • r / 4()' •_ / L 3 3 CZ__.Jd1.L C G,c) ' ` ' ` ' ' I I 1 7 ■■ 1 r• . It ___- , - A 313a0-d?die_4VILd 1-0-0 61 Nor,c,/ '''' C; On, #_, ,, A odkoe ._g_i..2_ Cge-e" ---o-e--f..__.” ' ,, / << 7 a/,,, " 4tAro -0 -- 4:.- - 3-5a ‘)--0' _____ fv__)-)AA. � � ( A e4L -33a--) Po») L eA..,,. .....Llov t , H4A,ey ;Vil A , • - "A '--- i" 3. 02 7 Al // %r� �� „ ,% '.Q'(-1--t c-J' 33 // 441 _ L go r 1 rir,e y a." Axe( 7/-- 1hs (;,n,.3 Ctet _ L o 61 Noo4`/�4 D L ��' - 11 c_LA� id�N�.._L No 3 �Int M= `� 125 c r t 3 5P► •.+ • C THESE NE I GHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 14 ; . NAME j ge- r--( ADDRES:741/ t_seo R I el'''''' ' 6ad' .3.----)_.3 - k, " • L , Ze,.,/--,- _- .?. ,- 3 1.4-LV t 4243- ilye_c-q1 . t z izii____ IL4L/Li_1_373 // ' 4 -1:',e4.4., • „a14...._ 3sza3/ oTe L-41. , 127_4e a zziki_ kn.,. . 4 7 "P4/4 Lc _ _ _4_, 1_.;(k,,-_-/--. P -,f 3'c9_ ,/ Acid_LX,rt • I Of?4., ,/ _pc do tx, — -,-----'7*- 32 i- 4 i PCDD LA( ?Z 5'1 j 422,atWX -__ __4v 32c/i Dczki. • 5 3 '6 ij- 'IND - - k -v-- 5rzh.-- ----!f-kulmi-k.fiLiztol_r 3_2 i D edcL \04. \1•'■■'\GC2IL\_ G, ,).4.,", /.14 3252 ti 106(.6( /PR T a 32511/ _to DD_ 1:3-ki_ . L. 11 -..... — • _4-_t!_ La A 0- ,, • - 33,-S ‘/ - - i- /' _.--- ,1:22-SHC7J J :r / d/ C' / L )) 4)4,-) Ni et)\ • oc)\ A ■.... THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 149 . NAME ADDRESS I w L3 0 _a/ S ()44' ltiLZzi-, _ /f4 (_7/7--4---2. _ e32-45- CL-. J nil led it (X i 4005i_ ..-. ' ‘■/ --- "V // ....)79 a/ 1-1.5: 1.-efll.&41._. .1-„ Lilt' A4.11 / / 3,2-5-s -Li_dLat-I )4 - 1 t A (X al-1/1L 2.-L,_ 225L-__ C.WiZin Eid, , , - isv 6 I Cel.,,rie A6z; 1)710--fr,I.d- lic PI 225_1__godkNicalle_4_ A ... , ___„342.5_y__ife _zei „2II-0. ztf_i) ' 'I, ___ _z5q__, - 7/ , , C-- 77icua.__Ifei -- 4/t V-41...egy L60 13 37- of ,..,k,',.," /ek./ L ic., (2 i ce fry-1;r,e / 0,0, • - ----____---L L.)-.0 L c=f"crk A60 ft ilA i _ _ Ivii.L liL.- -__ _____,&] . '(.-.( -5.27_,---> triei77 /I - -C11/4ZilL--- tii :j241----3-■2 S ic.x. 1.6jL J2 ( (q_c_.L40‘.. _ 0104C-t4_,C12Le 37 CT.a.Se223 --7 - . if._,./L. ‘ .3c;2 2/i/Alr,..4-4(7 c.4_,,... L.go 6 I Sei,,,,„-k 46Q —3.2 7./jdAlcie,_;! :1 '' 34.77g9 E>6_6da , ep __Ay4/7 III , , no THESE NEIBHORS ARE IN FAVOR OF A -blUNFIL Llt3H I Al Hit uurovt.r. OF YANKEE DOODLE AND HWY 149 . , , i ADDRESS LS,t, & i 5e '...ket. /Me, 44.11—A1-/CV/Lt 316_0./g2ICZ_L_W.E__Eli:10_6/1114j 4,-.: 1\ o 0 , - -e . , zat7L; L9 72 . .joells i j cvt-c, 1 I ii-g,_tlfriiii)) ."( ‘/I)coi/ iL.__.67./Zi.CL., i __ ' ‘Or\C.C12j144/ Dniez1 0_ 1 41 _14,46.1 _ ________ Ay, / / z — ,,,,,E/ i-4,-•••( .-•-//)•4)r. i• i , A, ir pi I 1 1 fL, 6 1=1'-ô - e „ „ i .. . _ r --411- 11--- - ir. s e. .. ./ . , AA44-5 !S 3/5? °)1),,,t,.,,, ,f;-,,,, ,, azifr40: 3 3 ie clt/.1x..„ jj...„,„ I ill W 1.1 9,i,A., 33 a (-7-, t..x:w.ay- 11., Eo.9riacL-5--c2 J.3 .1 , )Pd 4iir" I x 1 1 I 1 1-2LC- ,---' lb- R 3L_ ' LII-r j. - • -TA- 21 3‘11 -1 alPICV711 -0-_Z-1-.4Plet c, e; /7--)441/4,1-or 5 Swl. _ 4 ---" R11a & --.- ( ■ t I ---■-t _ , ,- ir ___Fx2.-a _i_aficiatia_ggl_ 4 fa--PAPER4 _c34_cR givibafti20,_(2,2_ ,(- 6,— . .i< -Al I . / ,ge:L.2i r 9.,,. I 1 I I _ ---- I i *fili/ i 4 II lifri 1 1. 2.B.LB‘r 0.1,f-vlic 11111111 LT-E-tae- 3 a-5g /-4r4..... -__ TFL 2 \ 1 \\ ' ‘ \' ... LP _ . AZLZ.Litua___2a-:54.444,4ittc_.' ____ 21.10 is , eke /is Tli , it41.74m --elik defIervIIIV•■- LP i 44? ML. L3 0 . a_Li_a.,r 0,t H,hska 35- ea.)1/4---Ock---iX . Lio s- 0 THESE NE IGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 145 . NAME ADDRESS • e 4 n - i l .{.-4 244 6 \S--- , .loe'S /2 I L-s'ela st6.1. 44 11 t 1 . /L-g . ..■.■. /3.2tte. L1'\ 3 9?6= f &i2— 1 1 11 .... /t■ L U7L(2-. 3•xkio 80,1 fa Ea- fx. t_so e 1 Kl'ilc4<,-- D-t-iL2 ‘izti -S(., " L/vo /31 A'i'd,er /44t, 120 - -- n / x. , • - 3 L 1:- .-,,; - el K/i( eer r4-IX ii 1-a-J- 3 iL5. • -;■ z his' L , c.,,,,,t2-: . 2 ,,,, 6_j ,I ;-(ee.,- 441D 6/ SC i(rru,rk-/166- P-e-.--1,-Ai _,---- - " -- - 3.733 1-2:.-t-e..■ • _ ,zujiz9_ _ ,_.... /"...A_ 3 cg g gylaaiii - z gz- z pr --- ' .., - 01,74 m ez6N-2----e,,eze _Zi2dP Y AZZ)6 i ZA/, .....7sfy ,/,64 ,L6 A6 3280 J. ,q-Li4bkD . .r7 Y c&c5c0-. _Lck- i-of?i La 07 a i .-//e- . 31--7 Oro-) Latz.,__Llo RI H ...... .,,..„.., . 01,4,,, 2-x44.4zL_e/2"azzb___ tf/7 (-51:41,64 _CielaciLz__, ...311..L .Luou--, 44..F.4--,- k, \k \■ ■ 1 • n ') THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 149 . NAME ADDRESS • --A- 33 5 .L)4--e-A1._ L yv 12/ H4r�y o"'I3►: --- // „ 1 1 1, I1 1 ' _� 4_-T_12 L.1 i L/L. 3/V d __t0 /G CT LI /U 6 L.Y l ci e,r 464 z _ &ALL - L6-x- yll.� f 1 1, 1 1 -7(-..// s , A 3" , /2.-÷ -5--5-L ►), rit stiLcteer `., S-- a. 'i li12„ 4--i- " 11 11 °:1--✓� � a --- 2,5,;,, -,--5-- f/w �j Leo 610 d L, o 13� JJ }� f},,c4r s �� 6. *43E- _�JG� CC...y 1 / —ter /�{-�--� �� -' Lao J/o A 'mss 41,'%. i , / / ./ le• ) I1 1, 1 M,,�a _flit a. i lei k 32613- f-f1d\J. T L 90 L)Q r'f-orS 51.6 *3�. 4--__ -,-2-J -.1 .<---/;-) Jc=:-.e ,S-- '447 5--S--- IN 1\ ‘\ i\ _ -7.( i2:r"i ,/L-)lC rAe _ . ,�c A ‘k I\ \. 1 11 i / -1 __- - 2/69//74() SJ 1VO _p•L., _a, r,' -e, 1!24 �-L, .. 51°7 ...1 -C_C Z L 6o r i K,'(fGee r AU), -1)fi-Ceti 1.t_l_ .5 ( ) a4 �77 — - - ,_ __a__/ 3 I __J O ✓( C c 7 Le el k,.licit..,- 444 , , -4_ .,,,,, Fi" 3 / / / J-(2ce cz. . ......„- 440_ _, - . .."/9 Jere 6,1- ,_,,0 0 I ICHIcle.r 664 (—IT, J V/�, c Q 1 t I\ 1 1 V • _. 3 THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER • OF YANKEE DOODLE AND HWY 144 . NAME ADDRESS Zeo/eZZ 73, "6--,1;4:•14- qre,7_,..2_4i4 /:46.2L ___ ` l / ' -- — C25__L-tii,L.Lcitk_ e� � oar �, ,iS ' L.:10 (t a _64 _Age.e...5.&)/ 444/. / ,` , ' ,1_ to�fo :_ '�-- 3 2 11 ,f_azA4 gi_!PO/th L_ CLS_ill fW 4wo,k Y15-y �►^ 3(3 '.ig •, *j15 ,V= i_o 6.4. &,,•o.r w;s a! _/ ' % • aleci 120e44.14.12g, Dia k ' " t /_P ' / ii.,r ie-,0-1 ,44/.6 h7 , id_ ...../ ,1".....ZZ -I 3 3 ys--"-'W, I I._,./.., W 6 kr.. 2,,.._./.7 as- , __ _tr_ii • ( p-,_,_"0:et.4 09C 6 29 S5//zbg 4/74/4. p,_,,,, ,....fl.r 0..ic?-11,.s1t--' -----Nninit_ dn.Lci. 3212 4E-1 _Was ID-1114_96;1 e-,0-0-'''s )"' / / ”.22-6---ii2 / • 11011111111111 C - . . oriel,. - . z,„1.. 1,„,, ,_. • , ,• , '— r- ----sl V l 3Z7 ill ` `I N f�yro /3� /3.rv,ic Y. ./ /,_(214:&/6..p., _ �? __. 3 z i �? -__-&ell_ 61_5( _D2013 4 -- 4 T., LlO 130f Pno,S<•✓J't Li THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER • 1 OF YANKEE DOODLE AND HWY 149 . NAME . ADDRESS • /__Y_Vd71—.4 _ 5.6/-?1,e -(a -q'• e-P-1-t. etheAd-1/0 e Se/,,,,e* __A4Z&y , hi ' ‘, --- ..21ev1-‘x W4-4,144 _ C*4 4ey7 01-1And- lAve 7 ,S3 ..!,„,,,t Ny. \10\1.‘0,,, ', ac,Ai aniVA4 561) CAyyel Ln i_/ a ___L-if 10.5Lgsii_kilL,e,_1(L 5E3.-s" Qo LI,., Lo 6f,o e,,,,,.,,i liki- .01 . ...06X-4,-1-04.....-, ,a, ,-ot.....- 5-7-1 e4.0ves-11 Vexc__ /410 ,A 6op e,,,, ,...,/ c■-*-''"" i . .. eZa /- / A--' L15?) P 0c) &„(i.):--•.) r4're--S JO *7 / / 6E6- 4.// il /02,..tc 60 409 t‘- rf,A.<-,-i At"! , ,. L5 r 5'. --- -- 0 - & rvi/;•‘..) gcee. i ' / ,, '4 .‹--- ---- . -- -- ———— _,C - C 'i , IL ALf.'S 5 0- r,'e / _,. / S---6--- C1671/ C&,%.( _,, ,_:-..... - -- --/ Q1 -5L5- ' , Lioo a,, e, ,,),,,,.,) -- rir, .1111,MP , // ,,, ,, if 1, Li //! ' / 6/ g) III THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER III OF YANKEE DOODLE AND HWY 149 . NAME/� ((�� / ADDRESS 5 c, /3! K;1 f�etr L I a LL L.T✓ Se r v. ePipioyee1 30'16.' ��oe-off el -1-4---40--A--)L 1 � t ' ,(Ip e `— 'l,4't!AM �c)d -Dc( Q,<--r� L 3 f KI l!4Pr '� 1c7 ""1- � � - LSO�! �1�/" - -e.4..��ri-, a! THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 149 . NAME COMPANY NAME COMPANY ADDRESS /� III L/o` /.� a &pFx/ t6%AelSK j I J Pra�°►t. _ . 4_7/ ta•e":1--- 1:64AA0 1;2041A _ot.,,, S.‘ LA rHie_ . .- " aLl /1444i1S,'a,— t t i.,,Ati 1, i ( - - - t _ �.Y�4- y5 SAiy 5 < < _rtilt--) ck./ -... _ t-c ct -0 _ ____ _ - #5 - 0 - /-,ii4- 4 IP '' i( 'I -i 4 i a „ --?Zed �_Qg xyLQ LI A __ _Len S k owl} _ � - _14sta 0 , .../ f- () H A-/1 / < l __c.:N.e ..14., . .--,. 4di.Z _---(k14. At-411/1 V -.flotet--19-4P J.r g.e , _-_.1.22-(2.-i---pc-±4..t..c_ ..,.... ,„ .,, ,,...„. , , ,.., -- g ,.i.-::,-,..,__.1.q.__ 4—--TIT—a- :)- j ONti \1U % , / l NJ( Ill TN: cr 1Q .1,, ale 1 / 1,i, .0 ��.�J'l'.�✓ �l te/ 6 THESE NEIGHORS ARE IN FAVOR OF A SIGNAL LIGHT AT THE CORNER OF YANKEE DOODLE AND HWY 149 . • LR lO 3 I t!' Gop'er �5., N ME COMPANY NAME COMPANY ADDRESS zj4e are P - IV -Mg- _AY t So. .�BCL �,CJ -Cc Lo -MPS- S 3 SO HwI. 1 Li S Sc,, iiL-Zt:EL-__&11:t4A1\(.-►� . -N41-r A3SP _ 145 o C �Ci�- It? 335 /49' So �/,.....S.:14* ���!� Dso �.1," /' -9 3°. L-7 2t6E_ a 'f bi1_-In( I 3350 14tY 1i3 • • 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 .L..(„3-..',1. •' '. .`-1-—141,.,r—',,,.p,,p 5I:,cI"m,,Cr,'':C 7;l::'-,''„.,-*•-'-'-,.-..:,+-‘.,,.:.'-'.'1.-A07•I••••..,•.•.•A—..11 sI t. i " I ..1....._._ , -.'. .'.;‘..,'.. A . • .• ' @ \ ::•,. V" _...„- , _ 4-71.r; - ,` \■• no** •' 2 f12 ; ---!‘-'i-56A 14LT" '' .:''..- '. PA■iie : F2,, —.-, D L_ 7 11_,.7 k 1 _ .... ■.■ li i i 0 (i.'i -•,:j .},i __2 , ec. _ _.„t :-4,,Pt•- -.,:::.-t IFrLEV PO t, 114 :2i/ j(i 1 '''1 , -' ' ' Nal.11r,t, '•'•' -,':•••' •l'''..:!....•-ir, - 3fr) - ., ,•••• ,,._., -,-- • . ,;:.,' s , A . ' PM_ 0,\-,j V •e 1 1 .1.10.4.-i - , r f. n,..1 .., . ;1 A,1,,4::',.. pi ce c,..'••,.,.......7...0. 4...44.. , • rj 0,,,,,:„? c.,...1), ,v J --. ;.. ...-' ,.:>. -•, ., it<4 re..""'" • -itx P1' .3) 3-' i ‘ ,1 , .-4*. .:,,,-,-, •GUM HILL TIA LA :::4•-•'-'4,, I r4 ri 3 , ll 1-4' -- 1 - . ' - - rA7 r.-4‘.1" . . ‘z., ;-t ,-,4 ,-,__•netAx. 1-- ,--'-"L.:-..A0UARCIIS L a •• —7:- 7 7, 1, .._.1.1 .1 • , rye. -----(,,,,:c;" :"Ai',..•.,,, . • '• . • ' • . • ' • . •' • ' • ' • - ' • ' • . • . • • • ' • ' • . • ' . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. ri:.:1 r.:!C0 4:11.t - - - - • - - • W ?....40 11144i C.hut-c-fl S i te ---- Z 0 I.". (01 1 02 1 Z Di ffley 1 17'e d 3 t and 1 07' X P 3r- ind Di ffl.?q 1 U.I i - .J is 1.4c,,i,E church - . 0 IFFLEY RD Aill ( N 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. r ''T7,',."-r;7- 'inn_ l`cfr y� .1....11 ' V A /I y)T4 ETRJ q„P-- I i ;���pWJI: V!,b.. 1C�o iEEK R6 �1 i e 7::', .:'' I %� _/ PrRp��. Ri(�F 11P / mII_ Z:y ,P.,:,,.,4•/"1 t A. ' ')/.;-,-4-,, �SZ� c� ---� j:Lc,4 n: / /�i' ~ N F ' ! NE 1)IF n 1 Y . _ RIDGE � a�'�NE 1 x'c'm f l )� a 6t l' CVR• �'ij ,'UH ILL '1�� , O • F' -, "I� T. • (I �C{q/�!1' , .. '7” ' 1 n .q•�f ). 1,., ■ I I ' 3 y-----, i > 6-,1 4 T' >, 4 _ i \,-,(c nlZl7! 9('In,1 t / i1 Y c /- S . c 4 it'' ' f P IR G I �. _ II/ v� \� PWF� �\�4� .p`l �.IiMNN_ ,11I r'..:,i--- ,i ll �, a // s I z�-, -�J ,-+ r q"o''C ,a•Frl�' ,%e wE�i 1 ^ , 11111\ !s'T- ) I.WE^ /2 m/ SIG 2 : -4 /\ oc,01 Cn'.iRF r• 'C'RLLF F '�' �/V�/,VtJI GI NG 1 It Rlr r 3\ Al'''?'4 --1 ; ' '..' Bey v G ,�' a 0 /\5 • dro / 1 . f /� \ `� / / n \ P.r` i N Pl' f „,� fc / 11 v •...„‘o /, , F csji\, 1 2, J: t w ,— , ,� \\4 'O / ti, ,7�7f7., K n \ ` %LI Y \ r< Np:"; \•. nc :y�\5 /3 \ 1��."If 7,1.'1 , t�i ), s -' / , `04' SURVEY �sR \ir 01/:</t14) ;:t b' SUBMITTED \`, . ' °r ' D, 3 s R�o� N. ' �d J 1 ,,L v // c� C• "uo' ? / \ ^ti• \ y / N.\ / lill N A? 11°14 *** PROPOSED s N LAYOUT krt 0 gtf, 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 • z) pp( o-cI w c 1 -- 3 Q � 0 � 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 None 0 O • • RRt`.1 +nFa, —�- •■ 4 T.- . G .....•,._-.-ar...•-. 1 1 .p I ` 1 FY 1 r t , :koci\`' . . 4. ....21").....t, ,-_ I ..K"‘ 'y • • y r .- �' V\b.- - - -�� : --, I mss' f s El ■ a 1.3, v \ . s 1 ZTTI L,' I 4sk 1 ! IIIIII111 ( 9 • -- -- -- -- -- 0 !..L-t-.1' aYSgo y : Iim a 3I r z gills N Z��i7? — — . 7? CIF 4 .... 1 06,,, / 0 - 17 1 11,:ji : r/ \ A Z mo I 11 1111:1111 : k I 11 I ' G .; 1 ,, fiVIANA , 4•° t I.Oil .i i : EM r O ■_ H I INEMN 1 I J I li .W.T.NEa. 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I _ _ rtt lif gg 4 i Eby �N to # r IL 4 MI_1 • w a ra lir. 9, :, 1 t- a "% a jf i i ; 1 �, 1 • Q it •a I be I aF i -, . 0 g ..1, \\\---...... x .1., E 1 s. g Ipp BI • A f, A . 0 . . a .\ q12- I • 1 I U I il'* ■si IN NI 1 II=I i im•.m•r•i . ,ii. ,......= _„,_ :CP Ill'i G ° '0 rmi C L to I 1 N f it „,, 1 ill 1 . I i / -0.-2_, ' f p �f; -i r:•"---)et M ---i ti' - _,-,s---- 1 ill ' t -e ,,, 41 E [ilk i___' P-t Ga • _ 2 9 • P e 1 � i i itl 1 . , q.--3 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. 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I , `I I1 ;�'•',.�-'-.i/„� /f r y II 1 11111, '/i'i,' ,A,L„ ,c,,),,-;:--_7--__--:..:;,...— '-- t� 11 11II,H' I r / _-_-_-',,,y, --///' / /,// 'X / • f-,------;..?";---' _ 1 j 1111111'', \1 1 +° ,'/!; • 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. S 2 • .t..---141N — .,/)' NE .. . (13 • f t . i ...• 4 if„,.. ______ ,..... •..` i •Cck LOCATION SE AIR • ._, 0 . 7▪ 34 2: fr N--..10...- -,",,,,,.. •. • : <t. . \ / . , .., lhuok st• Q op we , (.. •grz Iv....__ 4 -.- — • , )6..4_ - , .• .,444.,,"".-•4. ,. ../-."1•04-'- .!4. . ' -'-- :' 't. 4 \ \‘s ...: ..:--.'''-'.- .., -.". .....11.: •....;'.,,,,4/'. ...e... . i... ,1... % \\ ...." ..-.:-..-:-.4.td■ .7.c.....1,,.-Iltt . ...„:' -. , .. 7 \ -*— • , - • a • . / . ,'.., '-''' a 1•:4\1. 4_, -I .. if EXISTING / g ZONING 4 ' ...ti, . . 0 4 i 4 1 ); OrAzi ■ E. •Ar->t''..-*‘' . z • - .0 ---- • ". ...._ _,.... .... ,. ;,-1 .,;: ..., ,•• .. ( ..I• , -1..--4.• A41,4,1 Z' .... ,.. •) .i■•7• ,' ''..7 . , • , •- -,S'A ' ' ' - "" : ----, A -...,' . •-•4:.-- / • .. ... . ‘ • A ,. ; ltik•-•: A R-4 •,-- .0..-..:4-4,:,_ 1:\ • --- . It:i*-,4,,.:-..•.'r•i,•,r.':-.7, ' ,,,„•••--- .1:''"i-:',:tt:".`..+:: - ,"*., 7.:"- - _...0":- --,;,t,:fi'24 i4L, ''14...a'.' ','::-....•7 • f.,,f!,.---..i_..... ..: 'V.f•-.. .:Sr. ....-- 4-7*. .1=. ?.' ''If.:'•-•.. • -. f. ......•u.'7:.'.:..?"4../..„,....;',t...,4 Ai. • : ' ', -•t ice.,• S.',•:.-4,r.'.t'l:,.4.--_-;.,..y.,. : . .t GUIDE PLANf' -:-• s.),:f.:'-'nt.3,'t ,.,......'4.7-:,:.!-,..., - ' :71.7 *-1E7:-.' . '4 ..:.; • . 7.16. . ./..**— \ ...•4.- • / t.-t11/ • . ' . . 3 - k ••• ',..: III :, s • . —' 7—.'— ••••• 7/7'..-17;••M2 1• , • / iihe , ,.. , 1r % - • -, AND"... - ex.,- .---, -'' -.7.- . ,vz T -- „ Ilf , :- .A.,-..,.: ' -:"• /IIIIIb 1 . ...... _ ice. ....i.+ . y, 010-53 ......- \blob ` CITY OF EAGAN \f j' j I; e1°` I jg �' � Ni. yr el ., 1 1 010-54 _. N ,/ .1 / 020.55 ' ;67 \ ' /2 — -- �_ .- . •• yid -• ni S -- -- -- - j- '1c - % 11 01 / \ .E'�`; r ' \ \ 011.5 \ 010-'P � F c O2' 5 'O 09• Q ■• • \ .012 % Y A o � I -- a= r. 0 \\ 010 `5 .I n..p o..�e b.w r••a.\ (1 s. r `• S 020-60 \ t. o -� �o R ( o 7i �/ �, 'T.K ,n1 -4 r r .p�.s ,n..c \555. 18' �...__0 o10-:5 y A!.0 ■ _ 1 v ■ \ 020 25 :30-.5 COY OF EAGAh I \ »,w II I u OUTIO \ 11I �� \ •.0.x I S' •.S r SUBJECT PARCEL 1••••■■■■■■••""1"IvA"...1.1. PROPOSED GUIDE PLAN: P (Parks) 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. • • l �O EL • 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. l i i , i 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 ..' i 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 r Page 5/EAGAN CITY COUNCIL • 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 4 i 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 . { w 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 t j Page 9/EAGAN CITY COUNCIL • 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 I .?' Page 10/EAGAN CITY COUNCIL NH . :...:;;;::::::;:::::::i::::::::Mii:iii:: May 20, 1992 : •:•:•:•:•:•:•:•:•:•:•:•:•::.:.:::.:::::.:-:.:.:.:.:.: .: •:.: .•.•.•.•. . .... 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:•::::::::::::::::::.:.' ::!:;::::::•." 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 . i 4 :..:.:.:. 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. . •:; ........:.:.:.::•:•:-:•.•:•::•..:•:•:•:•:::•::::.: :. .:.:.:::.:.:...:•:::•:::::•:•::::::::.:.:,..%:.:.::: 1 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 1 i Page 12/EAGAN CITY COUNCIL MINUTE$;;:;:;:;:;: >>::::::::::::::::::::::::.•May 20, 1992 ):::: •:•:•:•:. 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 . t 1 1 i 1 • :•:.:•••••••••••••.•:•:•:•:•:•:•:•:•:•:•:•:•:::::::•:•:- ‘ 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. :•:•:.: .•.••••• ••••••••• 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 .•.• :•:•:•:: •:.:•:.:•: .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 HaP CH Dr C C CZ1H Zh7 O tz(1)0 0 0 0 0 0 0 (D 0 (D 1-- • 1-t rt rt N rt rt rt 4 rt LO (D rt t.q O C 1-,• a (D (D ro (D CD 1-,• P 1-- 0 (D N• 00 01✓ 0a (Da. 1••SNF-' tort )-1 En c (D rt ti N rt rt I-�• N rt ti CD CD co CD 0 H W 0 v ti 0 CD rt (D a 00) a s 0 / a N • N b c I-1 (1) 41. N 01 01 01 .P N 0 . I✓ ro co 1✓ H t0 t0 11 J -I .P W t0 W C�1 N 0 CD 0 p r it CO 1-, I-, N N ti > 1--, O .p. W (D l0 0 ,P 01 1-• N t0 tri • Z ro W 1--, 1--, N N .A (D ttii LT1 0. W 1✓ r 0 N • tai n PC tt LP c °~` �n n 0 O O -4 c o A. W 1-, H 0 1-, y $ PO K N 01 Q1 N N O1 flp NJ 1-+ 1-, 01 .0. t0 NJ .1 t o O CO Ili .P 4. N N 11 t71 H 41. (J1 to v (D K O J 0 .i W N O 0 CT! N W W b > `O Q\ C1 l71 O v 11 Z • 1-, 1-, t0 0 .Ls 01 CD (D F.■ I-, NJ CO .A Co 1-' .4 0 t0 . VD N NJ NJ NJ N N O 1•t U' W t0 (D N O co N t0 F-• co .. W N NJ CO 03 0 ft • .D .P W I-, O 0 01 t0 CO N O 01 ,■ NJ cn O1 O NJ 1-, b • W NJ 1-, 0 W .4 I , n CD NJ t0 NJ .4 O 1.., v NJ N) NJ P0 O1 01 N N NI CD ' 10 1-+ O 01 W W n .P t0 01 W W I-, NJ 1-, ~ 1--, t!1 t!1 F- Fy L0 F-, 0 -4 c1 W CD 1- N CO Ui 0 'P W O Co O N co c . O W N Q1 01 .p. (D O t0 aN 1-+ 1A• 0 1-+ O as 01 ~ .o. v . U1 Ut 1-, co O 1-+ . *5 *5 w 01 1-- 1_, p rt. W W O 01 .4 a LP CO N d1 1-• -4 ,p. co . 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. • . t 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 SCC MINUTES 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 SCC MINUTES •••••• MAY 24, 1992 PAGE 4 . 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. :::::.::>: