08/19/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
August 18, 1992
A regular meeting of the Eagan City Council was held on Tuesday, August 18, 1992, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers 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.
City Administrator Hedges recommended the following changes to the agenda:
David Hetland of Congressman Jim Ramstad's office is present and has asked for time to make a few
brief remarks. It was suggested that Mr. Hetland speak prior to discussion of the Consent Agenda.
Move: Item 1, Administrative Agenda, Final Plat, Great Oaks; to Item R of the Consent Agenda
Recommend Continuance to September 1, 1992, regular City Council meeting: Item H, Consent
Agenda, Receive Bids /Award Contract for Construction of Pumper Truck, Fire Department
Move: Item Y, Consent Agenda, Project 632, Agreement with Soo Line Railroad (Weston Hills Utility
Crossing); to Item C of Old Business
Pawlenty moved, McCrea seconded, a motion to approve the agenda for the August 18, 1992, regular
City Council meeting as amended. Aye: 5 Nay: 0
McCrea moved, Wachter seconded, a motion to approve the minutes of the August 4, 1992, regular City
Council meeting. Aye: 5 Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve the minutes of the July 21, 1992, special City
Council meeting. Aye: 5 Nay: 0
FINANCE DEPARTMENT /BOND SALE
Mayor Egan introduced this item as receive bids /award sale of general obligation improvement bonds,
general obligation equipment certificates of indebtedness and general obligation refunding improvement bonds.
City Administrator Hedges advised the Council that bids had been received August 18 at 12:00 noon.
David MacGillivray, of Springsted, Inc., complemented the City on the recent change in its bond rating
from A+ to Aa from Moody's. He cited the completion of a five -year Capital Improvements Program, the City's
growth management, and its debt management as important factors in that improved rating. Mr. MacGillivray
attributed a $45,000 savings on each issue to the credit rating upgrade. Mr. MacGillivray then went on to
describe each bond sale and the apparent successful bidder.
After further discussion, McCrea moved, Pawlenty seconded a motion to approve the bid of 4.4647%
true interest from Harris Trust and Savings Bank for the General Obligation Improvement Bonds, Series 1992B,
in the amount of $3,540,000. Aye: 5 Nay: 0
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August 18, 1992
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Wachter moved, Pawlenty seconded, a motion to approve the bid of 3.8330% true interest from Smith
Barney, Harris Upham & Company Incorporate, for General Obligation Equipment Certificates of Indebtedness,
Series 1992C in the amount of $400,000. Aye: 5 Nay: 0
Pawlenty moved, Awada seconded, a motion to approve the bid of 4.4899% true interest from Harris
Trust and Savings Bank for the General Obligation Improvement Refunding Bonds, Series 1992A, in the amount
of $5,440,000. Aye: 5 Nay: 0
FINANCE DEPARTMENT/FALSE ALARM PROGRAM
Mayor Egan introduced this item as consideration of the revised false alarm program. Discussion began
on whether there is a difference in cost to the City for commercial versus residential false alarms. Chief of
Police Geagan said the cost of responding to an alarm is the officers' time and all alarms are responded to
whether they are commercial or residential. Councilmember Wachter indicated he would prefer staying with
a two tier fine system as the financial burden would be greater on the individual than on a company.
Pawlenty moved, Awada seconded, a motion to approve revision of the City's false alarm program by
reducing to three the number of free false alarms and by imposing a single fine rate of $75 for all false alarms
whether residential or commercial. Aye: 4 Nay: 1 (Wachter)
POLICE DEPARTMENT /HUNTING PERMITS
After introduction, Councilmember Pawlenty recapped previous discussions that indicated the City would
continue to special permit bow hunting of deer in the City but not shotgun hunting. It was noted that all three
hunting permit applications were for bow hunting, however, one also included shotgun hunting of ducks, geese
and pheasants. That applicant, Jon Yanta, said that he and his party have always acted in a professional manner
and had hunted ducks and geese in the river bottoms with a shotgun for approximately 20 years. Councilmember
Wachter reminded the applicant that no hunting is permitted in the City without a special permit. Because of
the growth of the City, safety concerns have led him to believe that the special permits should be limited to bow
deer hunting. Councilmember Awada asked a question about the special hunts organized by the Department
of Natural Resources (DNR). Councilmember Wachter noted the main difference as being the DNR's screening
and control of the hunts. Police Chief Geagan added that the Eagan Police Department is not prepared as a
public safety agency to become that extensively involved in hunting in the City.
Wachter moved, Egan seconded, a motion to approve special permits for bow and arrow deer hunting
only for: Norm Svien, Marvin A. Bohnett, Jon Yanta, Tim Yanta and Jim Yanta. Aye: 5 Nay: 0
FIELD REPRESENTATIVE /CONGRESSMAN RAMSTAD'S OFFICE
David Hetland of Congressman Jim Ramstad's office was present to offer the Congressman's assistance
to the City on matters of interest and to announce a Town Meeting hosted by the Congressman to be held in
the Eagan City Council Chambers on August 26 from 7.00 - 9:00 p.m.
City Administrator Hedges again referenced the Consent Agenda changes that were noted with the
approval of the agenda.
r- K #77
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August 18, 1992
A. Personnel Items
Item 1. Seasonal Park Maintenance Workers -- It was recommended that the hiring of Melinda
Kaltenhauser as a seasonal park attendant and Layne Anderson as a seasonal forestry aid be approved as
presented.
B. Licenses. Tree Contractor. B & J Tree Care. Savage MN
It was recommended that a tree contractor license for B & J Tree Care of Savage MN be approved.
C. Election Judges for September 15 Primary
It was recommended that the list of election judges for the September 15 primary election be approved
as presented (Exhibit A).
D. License. Shows /Solicitor for Mitch Knoll - Haunted HaWde
It was recommended that a shows and solicitor license for Mitchell Knoll for Haunted Hayride from
October 1 through November 3, 1992, be approved.
E. Request from Dakota County for Compost Site Lease Extension
It was recommended that an extension of the joint powers agreement /lease for Dakota County for
operation of its yardwaste composting site in Eagan be approved through February 15, 1993.
F. Receive Assessment Roll/Order Public Hearing, Delinguent Bills
It was recommended that the assessment roll be received and a public hearing ordered for assessment
of delinquent bills for September 1, 1992.
G. Consideration of Wetland Replacement Proposal for Alscor Investors Joint Venture #2 in Ea mdale
Industrial Park #4
It was recommended that the wetland replacement proposal for Alscor Investors Joint Venture #2 in
Industrial Park #4 be approved as presented.
H. Receive Bids /Award Contract for Construction of Pumper Truck. Fire Department
It was recommended that consideration of the bid award for the construction of a pumper truck for the
Fire Department be continued to the September 1, 1992, regular City Council meeting.
I. Final Plat. Lakeview Trail Addition
It was recommended that the final plat for Lake Trail Addition be approved.
R -92.73
J. Project 639. Receive Feasibility ReRgrt /Order Public Hearing (Aldrin Drive - Streets & Utilities)
It was recommended that the feasibility report for Project 639 (Aldrin Drive - Streets & Utilities) be
received and a public hearing scheduled to be held on September 17, 1992.
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August 18, 1992
K Project 632. Approve Agreement with Soo Line Railroad (Weston Hills - Utility Cross
This item was handled as Item C of Old Business.
L. _Vacate Utility & Drainage Easement. Receive Petition jOrder Public Hearing (Deerwood School
Addition
It was recommended that the petition to vacate a drainage and utility easement within the Deerwood
School Addition be received and a public hearing scheduled to be held on September 17, 1992.
M. Vacate Utility & Drainage Easement. Receive Petition /Order Public Hearing (Outlot A. Coventry
Pass Additionl
It was recommended that the petition to vacate drainage and utility easements within Oudot A, Coventry
Pass Addition, be received and a public hearing scheduled for September 17, 1992.
N. Project 640. Receive Petition /Authorize Feasibility Report (St. Thomas Becket - Utilities
It was recommended that the petition be received and the preparation of a feasibility report authorized
for Project 640 (St. Thomas Becket Addition - Utilities).
O. Vacate Utility & Drainage Easement. Receive Petition /Order Public Hearing (Lot 8. Block 2,
Woodlands North Addition
It was recommended that the petition to vacate a drainage and utility easement over Lot 8, Block 2,
Woodlands North Addition, be received and a public hearing scheduled for September 17, 1992.
P. Final Plat Extension. The Woodlands North Second Addition
It was recommended that a final plat extension to September 18, 1992, for the Woodlands North Second
Addition be approved and the Mayor and City Clerk authorized to execute all related documents.
.................... ...............................
PROJECT 636 /POPPLER ADDITION
Mayor Egan introduced this item as Project 636, Poppler Addition (Streets & Storm Sewer). City
Administrator said that at the July 21, 1992, regular City Council meeting the feasibility report was discussed and
a public hearing set for August 18, 1992.
Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates, described the location and scope of the
improvements. Mr. Hanson outlined the cost of the project and the properties proposed to be assessed.
Rollie Crawford, representing the Poppler family said they appreciated that the roadway had been
designed with sensitivity to the terrain and were pleased the project was moving forward.
Councilmember Pawlenty asked the Director of Public Works Colbert whether assessing the property
on a per lot equivalent was consistent with City policy. He was assured that it was.
City Attorney Sheldon noted that the matter involving the Ekblad's had been discussed and that a
provision in the development agreement would cover non - payment if it should become an issue.
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August 18, 1992
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Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve Project 636,
Poppler Addition (Streets & Storm Sewer) and authorized the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
VARIANCES /RICHARD SKINK
Mayor Egan introduced this item as a variance of 12' from the south property line, a variance of 10' to
the required 20' side yard setback and a variance to parking lot standard requirements of curb, gutter, and paving
for Lot 1, Block 2, Halley's 1st Addition located at the intersection of Biscayne Avenue and Gun Club Road.
City Administrator Hedges said that the item had been before the City Council at their August 4 meeting and
had been continued to allow the City Council to walk the site and staff to review the history of other lots in the
development.
Councilmember McCrea said that she and Councilmember Awada had visited the site and saw other
pole barns on adjoining properties and met with some of their owners. She said with the other businesses doing
well in the area and with the gun club next door, she had reconsidered her original position on the issue and
indicated a willingness to grant the variances. Councilmember Wachter said this was a case of "spot zoning" and
said he still believed the property would eventually become residential.
Awada moved, McCrea seconded, a motion to approve a 10' variance to the required 20' side yard
setback and a variance or exemption from the required parking lot standards including concrete curb and gutter
and paving subject to the following conditions:*
1. The drive aisle and parking areas shall meet all minimum setbacks.
2. A landscape plan shall be submitted for review and approval.
3. No outside storage shall be allowed.
4. All applicable City Code requirements.
Aye: 5 Nay: 0
*It should be noted that because Mr. Skinn will meet the "established" setback in accordance with a
building on the west side of Biscayne Avenue, the 12' variance from the south property line was not addressed.
CONTRACT 92-09 /GREAT OAKS & WOODLANDS NORTH 2ND ADDITION
Mayor Egan introduced this item as Contract 92-09, Consider Award (Great Oaks Addition and
Woodlands North 2nd Addition).
McCrea moved, Wachter seconded, a motion to award Contract 92-09 (Great Oaks Addition and
Woodlands North 2nd Addition - Streets & Utilities). Aye: 5 Nay: 0
R -92.74
PROJECT 632, AGREEMENT WITH SOO LINE RAILROAD
(WESTON HILLS - UTILITY CROSSING)
Mayor Egan introduced this item as Project 632, Agreement with Soo Line Railroad (Weston Hills -
Utility Crossings). It was noted that trunk utility service to the Weston Hills development under Project 632
f r a �"'
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August 18, 1992
would require the City Council to obtain permission from the Railroad to cross their right -of -way. This could
be accomplished through a Pipeline Crossing Permit with Soo Line in the amount of $5,400 or a permanent
easement acquisition in the amount of $10,500. City Attorney Sheldon said that even though the cost of the
easement is almost double that of a pipeline crossing permit, the permit is subject to termination by the Railroad
upon 30 days notice. Such termination would require the City to remove all utilities installed under the permit
and result in costs far exceeding those associated with easement acquisition.
McCrea moved, Wachter seconded a motion to approve easement acquisition in the amount of $10,500
and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
CONTRACT 92- 10/WESTON HILLS
Mayor Egan introduced this item as Contract 92 -10, consider award of contract (Weston Hills - Trunk
Utilities).
McCrea moved, Awada seconded, a motion to receive the bids and award Contract 92 -10 (Weston Hills -
Trunk Utilities) to S. J. Louis Construction Company in the amount of $269,194 and authorized the Mayor and
City Clerk to execute all related documents. Aye: 5 Nay: 0
CDBG/ENTITLEMENT RECERTIFICATION
Mayor Egan introduced this item as recertification for entitlement for community development block
grant funds for the City of Eagan through the Dakota County Housing Redevelopment Authority.
Pawlenty moved, Wachter seconded, a motion to approve a resolution which will permit recertification
for entitlement for community development block grant funds for the City of Eagan through the Dakota County
Housing Redevelopment Authority. Aye: 5 Nay: 0
RECOMMENDATION /DAKOTA COUNTY HRA
FEDERAL RESERVE BANK /PROPERTY ACQUISITION
Upon introduction, Mayor Egan noted that this item had been withdrawn.
COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING /PRELIMINARY PLAT
ST THOMAS BECKET ADDITION
Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, St. Thomas Becket
Addition /St. Thomas Becket Church, From D -I (Single - Family Residential) and D -H (Mixed Residential), a
rezoning from AG (Agricultural) to PF (Public Facility) and a preliminary plat consisting of approximately 33.1
acres for a church located along the west side of Highway 3, south of Diffley Road in the SE 1/4 of Section 25.
City Administrator Hedges said this item had been before the Advisory Planning Commission at their July 28
meeting and they had recommended approval.
Director of Community Development Runkle outlined the plat and the phasing of its development. He
then related neighborhood concerns regarding traffic and traffic circulation. Mr. Runkle said a traffic study had
been ordered by the church and neighborhood meetings held in an attempt to mitigate these concerns. At their
July 28 meeting, the Advisory Planning Commission recommended two additional conditions relating to having
the gates on Atlantic Hills Drive and Tofte Lane open only during worship times and that both secondary
accesses be completed with the first phase of development.
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August 18, 1992
Bob Byers, of Short - Elliott- Hendrickson, presented the traffic study and described the findings outlined
in a letter prepared and distributed by SEH. Mr. Byers said that during much of the week, neighborhood streets
are used for local traffic only; however, with churches and schools, these streets become collectors at certain peak
hours. He said things can be done to slow traffic but not always with great success. Mr. Byers said that from
a traffic perspective, he was uncomfortable if the only access to the church was onto Highway 3. He suggested
an option may be two access alternatives onto Highway 3 even though it may take some time to get MnDOT
approval. He then showed a graphic which illustrated the impact of the development site if developed as single
family versus a church. A single family development would have a day to day impact on traffic while the church
resulted in a large increase in traffic once a week. While Mr. Byers said he did not know to what extent
MnDOT had looked at this issue, he thought they could be convinced to permit a second access onto Highway
3.
The Mayor then opened the meeting to public comment. Jeff Childs of 628 Erie Court and representing
40 households in the Lakeside neighborhood, was the first to speak. Mr. Childs said his neighborhood had raised
traffic concerns since the church and access through Lakeside Estates was first proposed. Mr. Childs went on
to read a petition in opposition to continuing Atlantic Hills Drive to the church site and recommended two
accesses onto Highway 3. If two accesses are not possible, then the neighborhood would prefer one access onto
Highway 3 through the first phase of their construction and then as Highway 3 is improved, look at a second
access onto Highway 3 again.
Dave Loehr of 3749 Windtree Drive and Chairman of the Church Building Committee introduced Father
Tom Commers of St. Thomas Becket Church who emphasized what the church would mean to the City and
community.
Craig Rafferty, of Rafferty, Rafferty & Tollefson Architects, presented a layout of the church and
accompanying buildings and explained the phasing of its development.
Mr. Loehr said the building committee agrees with many points of neighborhood concern but believes
the project will serve as a model for the entire metro area. He said the church has agreed to permit extension
of Atlantic Hills Drive and Tofte Lane through their property and noted that the gates would be open only
during normal worship times. Mr. Loehr said they support the finding that a single access is not safe and then
presented a letter received from MnDOT which indicates that a single rather than dual access is the safest and
best alternative on Highway 3.
Shawn Hunter, 4054 Pumice Lane, said that people will go to church the fastest way which, in this case,
is Highway 3.
Homer Laird, 628 Hackmore Drive, said the Autumn Ridge neighborhood is opposed to residential
access to the church and has been since first advised of that potential in February. Mr. Laird asked whether
permitting the church to be developed was not in conflict with the City Council's previous position that no further
development would be permitted in that area until secondary access was completed. He said approval of this
plat would open the doors to Autumn Ridge and Hawthorne Woods to petition for further development without
a secondary access. A petition containing 67 signatures was presented.
Mayor Egan asked staff whether this project could be considered "additional development without the
provision of a secondary access." Director of Public Works Colbert said that access from Atlantic Hills Drive
and Tofte Lane to Highway 3 would satisfy secondary access requirements.
Linda Myhre, 587 Atlantic Hills Drive, said of the 23 churches in Eagan only one took access through
a residential neighborhood. She said that church, Community of Joy, had already received complaints from the
Page 8/EAGAN CITY COUNCIL MINUTES
August 18, 1992
neighborhood. She also mentioned Trinity Lone Oak Church which has a single access onto Highway 55. She
asked that the City push for a second access onto Highway 3.
Dan Schroer, 621 Hackmore Drive, asked that if the City permits a second neighborhood access, that
it is both Atlantic Hills Drive and Tofte Lane, not just one or the other. In addition, he asked that construction
vehicles be restricted to Highway 3.
The general consensus of the Council was that a secondary access through the neighborhoods was less
than ideal and discussion continued as to how to proceed with a second access onto Highway 3. Councilmember
McCrea suggested that the City work with St. Thomas Becket church in their efforts to gain access approval from
MaDOT. Councilmember Awada inquired as to whether there was a way to start that process without slowing
up the progress of the church. Director of Community Development Runkle said that some of the processes
can take place simultaneously and that there should be no undue delay if the Church and City work together.
Councilmember McCrea suggested that the preliminary plat be approved conditioned upon obtaining permission
from MnDOT, for a second Highway 3 access. She added that if the access cannot be obtained, the issue can
be brought back to the City Council for resolution.
Director of Public Works Colbert advised the Council that if Atlantic Hills Drive and Tofte Lane are
not completed as through streets, there is insufficient room to construct a cul de sac without the use of Church
property. David Loehr told the Council that the Church does not wish to give up property for completion of
the cul de sacs and then be assessed as a "benefitting" property. Mayor Egan observed there is no urgency in
resolving this issue as Atlantic Hills Drive has been as it is since 1968. Doug Dahl, 573 Atlantic Hills Drive,
stated that as a 20 -year resident on Atlantic Hills Drive, he could assure the Council that they would not be
petitioning for a cul de sac.
Wachter moved, Awada seconded, a motion to approve a comprehensive guide plan amendment for St.
Thomas Becket Addition /St. Thomas Becket Church from D -I (Single - Family Residential) and D -II (Mixed
Residential). Aye: 5 Nay: 0
McCrea moved, Wachter seconded, a motion to approve a rezoning from AG (Agricultural) to PF
(Public Facility). Aye: 5 Nay: 0
McCrea moved, Wachter seconded, a motion to approve a preliminary plat consisting of approximately
33.1 acres for a church located along the west side of Highway 3, south of Diffley Road with modifications to
Conditions 4,12,13, and 16; the addition of a condition stating that "final plat approval will only be granted with
two accesses to Highway 3 approved by MnDOT," as well as the following conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be
complied with:
Al, Bl, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, Gl, and Hl
2. All trash and recyclable containers shall be stored inside the building or an attached enclosure
constructed of similar building materials as the principle structure.
3. Rooftop mechanical equipment shall not be visible.
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August 18, 1992
0:.
4. All signage shall be subject to the one -time sign fee of 52.50 /s.f. The sign plan shall be approved
by the City sign inspector.
5. Berming shall be provided between the parking lot and Highway 3 and all landscaped areas shall be
irrigated.
6. Detailed plans and specifications shall be submitted with the final grading plans for the proposed
retaining wall construction.
7. The drainage from the parking areas and building development of Lot 1, Block 1, shall be directed
to an internal storm sewer system that discharges into pond LP-47.
8. The final grading plan shall provide a 30 foot buffer around Hay Lake to protect the edge of the
lake's vegetation.
9. The water main layout for this development shall include a connection to the 8" stub at Atlantic Hills
Drive and at Tofte Lane and looping the water main through the site to the south property line.
10. The final utility plan shall include 8" sanitary sewer and water main stubs to the Highway 3 west
right -of -way line for service to Lot 1, Block 2, of this plat. The final site plan sheA inelude the sen—a-Miet-in- a of a per-manem eel do see &I the east end of Admti
Wive.
11. The development will be responsible for obtaining the permanent and temporary easements from
the property to the south along the proposed sanitary sewer line.
12. City Council approval of the construction of the outlot for Pond LP-47 is required prior to final plat
approval.
13. Final plat approval will only be granted with two accesses to Highway 3 approved by MnDOT.
Aye: 5 Nay: 0
Councilmember McCrea asked that staff update the Council within 30-45 days.
PLANNED DEVELOPMENT AMENDMENT /RAHNCLIFF
Mayor Egan introduced this item as a Planned Development Amendment for Jerald W. Peterson,
changing the use from a medical center /office building to a motel on Lot 2, Block 2, Rahn Cliff 3rd Addition,
located along Rahn Cliff Court in the NW 1/4 of Section 32. City Administrator Hedges said the Advisory
Planning Commission had considered this item at their July 28, 1992, meeting and had recommended approval.
Director of Community Development Runkle described the development location. He said the original proposal
for the property was for an office/medical building facility. Mr. Runkle said the applicant had proposed a
building with a brick and stucco exterior similar to the adjacent Baker's Square building.
R -92.75
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August 18, 1992
Marie Bakke, representing the development group, then explained the proposal and asked if there were
any questions.
After reviewing the history of this property and the rezoning from Limited Business (LB) to
Neighborhood Business (NB), the City Council expressed serious doubts regarding a motel at this location.
Mayor Egan said the motel represented an incompatible use with its surroundings.
Mike Haverkamp from First American Bank Metro, said they had made a business decision to move
to their present location with an understanding of the zoning and what other businesses would eventually locate
there. Mr. Haverkamp said the proposed amendment is not equal to or better than the present zoning and
would negatively impact their building. He asked that the amendment not be approved.
Dale Mossner, 2025 Pin Oak Drive and Paul Kimbler, 2053 Pin Oak Drive, asked that the Council not
approve this proposal. Barry Kissell, 2008 Vienna Lane, explained that very few of their neighbors would join
them in opposing this amendment as many did not believe they'd be heard.
Awada moved, Pawlenty seconded, a motion to deny a planned development amendment for Jerald W.
Peterson, changing the use from a medical center /office building to a motel on Lot 2, Block 2, Rahn Cliff 3rd
Addition located along Rahn Cliff Court in the NW 1/4 of Section 32, and directed the City Attorney to prepare
the findings of fact. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT /CONDITIONAL USE PERMITS
CHILI'S RESTAURANT
Mayor Egan introduced this item as a Planned Development Amendment, Brinker International,
changing the use from retail to a Class I (Sit Down) Restaurant and conditional use permits to allow on -sale
liquor, 3.2 beer or wine, and a pylon sign on Lot 2, Block 1, Duckwood Crossings, located along the west side
of Pilot Knob Road in the SE 1/4 of Section 16. City Administrator Hedges said the Advisory Planning
Commission had considered this item at their July 28, 1992, meeting and had recommended approval. Director
of Community Development Runkle explained the application and its location.
Randy Engel and Jeff Smith, representing Brinker International, were present to answer any questions.
City Administrator Hedges explained that Miller & Schroeder Financials, Inc., is the fee owner of the
property. He said M &S took the property back when the owner could no longer meet the obligation. Duckwood
Crossings was declared in default with issues involving public improvements and the letter of credit yet to be
resolved.
Wachter moved, Pawlenty seconded, a motion to approve a planned development amendment for
Brinker International changing the use from retail to a Class I restaurant and subject to the following conditions:
1. A planned development agreement amendment shall be executed.
2. The trash /recycling containers shall be in an enclosure made of the same materials and also attached
to the building.
3. All liquor license provisions shall be adhered to.
4. A one -tune sign fee shall be required for all signs and all signage code requirements shall be adhered
to.
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August 18, 1992
5. No rooftop mechanical equipment shall be visible from Pilot Knob Road.
6. The landscape plan shall conform to the overall Planned Development landscape plan. Berming
along all parking areas shall be provided and irrigation shall be required in all green areas.
7. No outdoor storage other than the trash recycling area shall be allowed.
8. All applicable Code requirements.
Aye: 5 Nay: 0
McCrea moved, Wachter seconded, a motion to approve a conditional use permit to allow on -sale liquor,
3.2 beer and wine subject to the following condition:
1. Shall run with the land and be recorded with Dakota County within 60 days of Council action with
documentation provided to the City.
Aye: 5 Nay: 0
Pawlenty moved, Awada seconded, a motion to approve a conditional use permit for a pylon sign on Lot
2, Block 1, Duckwood Crossings, located on the west side of Pilot Knob Road at Crestridge Lane and subject
to the following condition:
1. Shall run with the land and be recorded with Dakota County within 60 days of Council action with
documentation provided to the City.
Aye: 5 Nay: 0
BUILDING PERMIT/TOBY STEVENS
Mayor Egan introduced this item as a request for a building permit prior to platting property for Toby
T. Stevens, Government Lot 7, Section 18, Township 27, Range 23. Director of Community Development Runkle
said a letter had been received from Mr. Stevens in February regarding his request to develop a single family
lot in the Wuthering Heights neighborhood. At that time, staff explained the requirements for platting this lot.
Mr. Runkle went on to say that Mr. Stevens is citing a home in the Rolf 's Addition as a precedent for his
request; however, the circumstances were substantially different in that case. Discussion with the homeowners
in the Rolft's Addition regarding a building permit took place before they were told they had to plat the property
and the home was on order before staff apprised them of those requirements.
Mr. Stevens was not present.
After discussion, Egan moved, Wachter seconded, a motion to deny a building permit prior to platting
of property for Toby T. Stevens for Government Lot 7, Section 18, Township 27, Range 23. Aye: 5 Nay: 0
ORDINANCE AMENDMENT /CODE ENFORCEMENT OFFICERS
McCrea moved, Wachter seconded, a motion to approve the ordinance amendments of City Code
Chapters 2, 11, and 13 regarding code enforcement officers as presented. Aye: 5 Nay: 0
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August 18, 1992
CONSIDER CLAIM FOR EXPENSES /VACATION/LAKESIDE ESTATES
Mayor Egan introduced this item as consideration of a claim for expenses regarding vacation of a
drainage and utility easement (Lot 6, Block 1, Lakeside Estates). Mr. Richard L. Rosenberg, the property owner,
was not present.
Councilmember McCrea expressed a concern that a precedent would be set if the claim were approved.
Director of Public Works Colbert advised the Council that the vacation of other lots associated with this waiver
of plat were properly vacated upon submission of a petition signed by Wayne Kittlson and Tom Waite and
approved by Council action on June 5, 1984. The vacation of the drainage and utility easement through the
center of Lot 6 was never processed nor recorded at Dakota County until Mr. Rosenberg petitioned for its
vacation and the Council approved it at its April 9, 1991, meeting. Because of the past confusion, the Council
waived the $300 vacation fee at that time.
McCrea moved, Pawlenty seconded, a motion to deny the claim for expenses associated with vacating
a drainage and utility easement over Lot 6, Block 1, Lakeside Estates. Aye: 5 Nay: 0
WEED CONTROL/TURF GRASS ESTABLISHMENT
City Administrator Hedges referenced for the Council the turf grass establishment ordinance passed in
July of 1990. He noted that excellent compliance had been achieved with the ordinance; however, four properties
had presented on -going problems. Mr. Hedges said that staff had reached the point where direction was needed
as to enforcement of the ordinance because several neighbors were growing impatient with the City's efforts to
bring these homes into compliance.
Perry Stepka,1965 Safari Trail, said the lack of turf establishment by his neighbor has resulted in $2,500
in damage done to his yard through erosion. Mr. Stepka said he cannot repair his yard until his neighbor does
something about his.
The consensus of the City Council was to enforce the ordinance and City Attorney Sheldon will meet
with staff to make certain that enforcement is in keeping with the City Council's intent.
LEXINGTON SQUARE SETTLEMENT /MERITOR
Egan moved, McCrea seconded, a motion to approve the final cost allocation for Project 527 and that
costs totalling $53,753 shall be levied against the major street fund and the storm sewer trunk fund. Aye: 4
Nay: 0 Abstain: 1 (Awada)
CONTRACT 91 -05/WILLBROOK ADDITION
Mayor Egan introduced this item as Contract 91-05, Final Payment /Acceptance (Willbrook Addition -
Streets & Utilities).
Wachter moved, Awada seconded, a motion to approve the fourth and final payment to Ryan
Contracting in the amount of $20,48434 for Contract 91 -05 (Willbrook Addition - Streets & Utilities) and
authorized the final acceptance for perpetual maintenance subject to related warranty items. Aye: 5 Nay. 0
Page 13 /EAGAN CITY COUNCIL MINUTES
August 18, 1992
Q 4;ew:
Wachter moved, Egan seconded, a motion to approve the checklist dated July 31, 1992, in the amount
of $1,952,348.99 and the checklist dated August 18, 1992, in the amount of $509,411.85.
The City Council adjourned the regular meeting at approidmately 11:15 p.m.
CITY OF EAGAN
E. J. Overbeke
City Clerk