12/01/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
December 1, 1992
A regular meeting of the Eagan City Council was held on Tuesday, December 1, 1992, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, McCrea, and Pawlenty.
Councilmember Awada was absent. Also present were City Administrator Hedges, Acting Community
Development Director Jon Hohenstein, Director of Public Works Tom Colbert, Director of Finance Eugene
VanOverbeke, and City Attorney James Sheldon.
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A request was made by the applicant to move the Administrative Agenda item for a special hunting
permit to Department Head Business.
Pawlenty moved, Wachter seconded, a motion to approve the agenda for the December 1, 1992, regular
City Council meeting as amended. Aye: 4 Nay: 0
McCrea moved, Wachter seconded, a motion to approve the minutes of the November 17,1992, regular
City Council meeting as presented. Aye: 4 Nay: 0
Wachter moved, McCrea seconded, a motion to approve the minutes of the November 5, 1992, special
City Council meeting as presented. Aye: 4 Nay: 0
Wachter moved, Egan seconded, a motion to approve the minutes of the November 21, 1992, special
City Council meeting as presented. Aye: 2 Nay: 0 Abstain: 2 (McCrea & Pawlenty abstained as they were
not in attendance at this meeting)
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POLICE DEPARTMENT /SPECIAL HUNTING PERMIT
Mayor Egan introduced this item as a special hunting permit for Brian Collins. Councilmember Wachter
noted that another special hunting permit had been issued for the same property and he recommended that, in
the interests of safety, the two applicants coordinate their hunting schedules.
McCrea moved, Pawlenty seconded, a motion to approve a special hunting permit for Brian Collins.
Aye: 4 Nay: 0
*Special note: At the end of the meeting, Councilmember Wachter recommended that no further
hunting permits be issued for this property.
FIRE DEPARTMENT /FIRE CHIEF DALE NELSON
Mayor Egan introduced this item as the official recognition of Dale Nelson as Fire Chief. Fire Chief
Nelson received the oath of office from City Administrator Hedges. The Council and staff congratulated the
new Fire Chief and welcomed him aboard.
McCrea moved, Pawlenty seconded, a motion to officially ratify the action of the Fire Department in
their election of Dale Nelson as Fire Chief of the Eagan Volunteer Fire Department. Aye: 4 Nay: 0
PAGE 2 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
A. Personnel Items
Item 1. Winter Recreation Leaders - -It was recommended that the hiring of Ross Anderson, Steve
Cramer, Ian Dozier, Ken Fry, Mike Geere, Andy Halvorson, Amy Hampton, Melinda Kaltenhauser, Jerry Koch,
Andy Lachenmayer, Cory Lynch, Matt Marxer, Eric Mathiason, Jason Myrlie, Benita Soller, Ray Sperl, Brent
Tait, Kristie Thompson, Michelle Tibbs and Ross Vrieze as Winter Recreation Leaders be approved.
B. Plumbers Licenses
It was recommended that plumbers licenses for: 1) Coppin Plumbing, 2) P &D Mechanical Cont., 3)
Ridgedale Plumbing, 4) St. Paul Plumbing, 5) Sauber Plumbing & Heating, 6) T.G.H. Plumbing Company, and
7) Tim's Quality Plumbing, Inc., be approved as presented.
C. License, Off -Sale Beer, SuperAmerica. 2250 Cliff Road
It was recommended that the off -sale beer license for SuperAmerica located at 2250 Cliff Road be
continued to the December 15, 1992, regular City Council meeting.
D. Contract 92 -03, Approve Change Order #1 (Well Pump Modifications
It was recommended that Change Order #1 be approved in the amount of $4,991.25 and the Mayor and
City CIerk authorized to execute all related documents.
E. Contract 92 -03. Approve Final Payment (Well Pump Modifications)
It was recommended that the third and final payment for Contract 92 -03 (Well Pump Modifications &
Repairs) in the amount of $11,828.08 to Bergeson - Caswell, Inc., and accept the improvements for perpetual
maintenance subject to warranty provisions.
F. Declare Surplus Propertyf Authorize Disposition, City Council Chamber's Dias Wing Units
It was recommended that the City Council Chambers' dins wing units be declared surplus property and
the disposition authorized to Dakota Civic Theatre as a donation to that organization.
G. Contract 92 -J. Acknowledge Project Completion /Authorize Acceptance (Appiebees - Utilities)
It was recommended that completion of Contract 92 -J (Applebees - Utilities) be acknowledged and the
improvements accepted for perpetual City maintenance subjec to appropriate warranty provisions.
Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 4
TOUR OF MUNICIPAL CENTER
Councilmember McCrea complimented and thanked City staff for their tour of the Municipal Center.
She said seeing the building when it's in use made an impression on her as to how crowded it is. The rest of
the Council echoed Councilmember McCrea's remarks.
PAGE 3 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
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CITY REPRESENTATIVE /CDBG COMMITTEE
Mayor Egan introduced this item as the appointment of a City representative, Dakota County
HRA /Community Development Block Grant Committee.
Wachter moved, Pawlenty seconded, a motion to approve an appointment of acting Community
Development Director Hohenstein as the City's representative to the Dakota County HRA Community
Development Block Grant Committee. Aye: 4 Nay: 0
EXTENSION /FINAL PLAT/YMCA 1ST ADDITION
McCrea moved, Pawlenty seconded, a motion to approve an extension of 30 days for the YMCA 1st
Addition final plat to permit it to be recorded. Aye: 4 Nay: 0
!I S EGI TEp €STEMS?:;
NOVEMBER 25 PRESENTATION
DAKOTA HILLS MIDDLE SCHOOL STUDENTS
Councilmember Wachter reported that the presentations given on November 25 by Dakota Hills Middle
School students were very impressive. The presentations on the environment were given before Councilmember
Wachter and Water Resources Coordinator Brasch who agreed to pursue videotaping of the presentations for
cablecasting on the local access channel.
PROJECT 590 /PILOT KNOB ROAD
City Attorney Sheldon said the assessments for Project 590, Pilot Knob Road south to Apple Valley,
were certified with one objection from Dakota County. Dakota County's objection was based on their position
that the rate was incorrectly applied. Mr. Sheldon advised that a meeting was held to review the assessment and
it was found that the single -family rate was the more appropriate rate. Therefore, based on that information,
the County's assessment would be reduced. The County has agreed to street assessments of $32,793.20 and
storm sewer lateral of $1,972.18. Staff believes that to be fair.
McCrea moved, Pawlenty seconded, a motion authorizing reassessment of County property at the single -
family rate with an arterial road credit and credit for storm sewer and ponding easements and granualr fill
provided by the County resulting in a street assessment of $32,793.20 and storm sewer lateral of $1,972.18. Aye:
4 Nay: 0
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1993 PROPERTY TAX LEVY /GENERAL FUND BUDGET
PUBLIC ENTERPRISE FUND BUDGET
Mayor Egan introduced this item as 1993 Property Tax Levy, General Fund Budget and Public
Enterprise Fund Budget. City Administrator Hedges provided background and an explanation of the process.
When the hearing was opened to the public, Keith Becklund, 3988 Stonebridge Drive; Neil Gaarder,
1125 Aquarius Lane; Connie Colon, 4264 Boulder Ridge Point; Pat Connolly, 921 Curry Trail; Wally Klus; 1340
Duckwood Drive; Torben Holm, 1138 Tiffany Point; Don Armborst, 742 Hay Lake Road North; Jeff Foster, 3805
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PAGE 4 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
Mill Run Court; and Ed Morse, 4385 Onyx Drive; addressed questions to the Council. While there were
questions regarding the Community Investment Fund, tax capacity, fiscal disparities and the percentage of
increase, many of the concerns centered around not only the percentage of increase proposed by the City but
the impact of that increase on the higher valuations of their homes.
Fiscal disparities was discussed in detail as well as the need to work toward a change in their
distribution. Mr. Holm suggested that the budget be tied to the rate of inflation and both he and Mr. Armborst
ask a number of questions regarding personnel services.
Discussion continued and then returned to the City Council for their observations. The Council stated
they have tried to keep the budget increase to a minimum and pointed out that the only personnel being added
to City staff is two police officers who have been planned for the past two years. It was also noted that it is
difficult to trim the budget without cutting into the level of service.
After further discussion, PawIenty moved, Wachter seconded, a motion to approve the resolution
authorizing the 1993 Ad Valorem Tax Levy. Aye: 4 Nay: 0
Wachter moved, Pawlenty seconded, a motion to approve the 1993 General Fund Budget. Aye: 4 Nay:
0
Pawlenty moved, Wachter seconded, a motion to approve the 1993 Public Enterprise Fund Budget. Aye:
4 Nay. 0 R- 92.107
PROJECT 640 /ST THOMAS BECKET
Mayor Egan introduced this item as Project 640, St. Thomas Becket (Streets & Utilities). Director of
Public Works Colbert remarked that the project was the result of a petition and that the feasibility report had
been prepared by the consulting engineering firm of Short - Elliott- Hendrickson.
Len Newquist, SEH, explained the project and its location. Mr. Newquist noted that an alternate had
been proposed regarding the installation of private sanitary sewer service which would discharge into the Atlantic
Hills Drive sanitary sewer. He added that the system would be owned, operated and maintained by St. Thomas
Becket Church. Mr. Newquist then went on to review the estimated costs with Mr. Colbert explaining that the
Church is the only property proposed to be assessed.
Craig Rafferty, architect for St. Thomas Becket Church, submitted a summary of three areas of the
project they wished to have considered by the City: 1) public utility improvements for the storm water outlet
to Hay Lake and watermain distribution, 2) private installation of sanitary sewer and ejection system, and 3)
private completion (with MnDOT) of the review, design and construction of the T.H. 3 access.
Director of Public Works Colbert explained the options the Church had requested for this development
and expressed concerns that indirect costs -- estimated to be 30% of the construction costs- -may be more due to
the many project changes.
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve Project 640 (St.
Thomas Becket - Streets & Utilities) as modified to include storm sewer and watermain improvements and
authorized the preparation of detailed plans and specifications. Aye: 4 Nay: 0
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PAGE 5 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
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KINGSWOOD 2ND ADDITION
Mayor Egan introduced this item as Kingswood 2nd Addition, Review of Escrow Account Balance
(Project 88 -SS). City Administrator Hedges reviewed the request by Horne Development Corporation to reduce
the escrow balance from $746 per lot to $500. He stated that the Public Works Committee had met and was
recommending a reduction of $63 per lot to $683. Councilmember Pawlenty stated that he did not have difficulty
with the recommendation but was concerned about allegations the developer presented approximately a year ago
that consulting engineers were overbilling. City Attorney Sheldon advised that his office had reviewed the
allegations and through meetings with Rollie Crawford, attorney for Home Development, the bills referenced
by Mr. Crawford had been explained.
Rollie Crawford, representing Home Development Corporation, outlined their objections to the costs
incurred with Kingswood 2nd Addition. He cited excessive costs associated with changing the Kingswood access
to align with the proposed City access as well as going from too few inspections to too many. When asked why
Home Development did not object to the costs when they occurred, Mr. Crawford admitted they should have
but said the costs were incurred in 1989 and a bill was not received until 18 months later. He also complained
that change orders were necessitated when City staff reviewed and redlined design plans after the plat was
approved. Director of Pubic Works Colbert pointed out that several years ago developers complained of having
to design projects to such an extent before the City Council even reviewed the project that changes were made
to the process. He said technical review of the project drawings does occur after preliminary plat.
Discussion continued, however, Mayor Egan stated that the issue had been thoroughly discussed at a
Public Works Committee meeting and suggested it was difficult to negotiate during a City Council meeting.
Councilmember Pawlenty agreed that the appropriate forum would be between Mr. Crawford and the City
Attorney and Public Works Committee. Mr. Crawford said that if the City Council wished to delegate to the
Committee, they would agree to continue to negotiate.
While there were some reservations about whether the action would be counterproductive, McCrea
moved, Pawlenty seconded, a motion to refer review of the escrow account balance of the Kingswood 2nd
Addition (Project 88 -SS) back to the Public Works Committee. Aye: 4 Nay: 0
CONDITIONAL USE PERMIT /OUTDOOR STORAGE
TOM THUMB/YANKEE SQUARE
Mayor Egan introduced this item as a conditional use permit for Tom Thumb, to allow outdoor storage
in a Commercial Zoning District on Lot 1, Block 1, Bicentennial 1st Addition, located along the south side of
Yankee Doodle Road in the NE 1/4 of Section 16. The Mayor stated that because the issue is outside storage,
the next item, which is also a conditional use permit for the Blackhawk Plaza Tom Thumb, will be handled with
this application.
City Administrator Hedges advised that both items were considered by the Advisory Planning
Commission meeting on July 28, 1992, and they had recommended denial for reasons set forth in the minutes
of that meeting. He further stated that the issue was continued by the City Council at their August 4 meeting
and discussed in detail at a joint APC /City Council meeting on November 24.
Acting Community Development Director Jon Hohenstein explained the applications. He said both
applications had proposed outside storage in front of their respective buildings with treated lumber as the
PAGE 6/EAGAN CITY COUNCIL MINUTES
December 1, 1992
enclosure. Mr. Hohenstein stated that he had been contacted on December 1 by Tim Wonzel, representing Tom
Thumb Stores, who questioned why language addressed at the November 19, 1991, City Council meeting had not
been included with the ordinance amendment. (A copy of the minutes are included as Exhibit A).
Tim Wonzel of Tom Thumb Stores reiterated that the final draft of the outside storage ordinance did
not include all the language proposed by the City Council. He stated that the Advisory Planning Commission
had made their decision on the basis of not having outside storage interfere with any pedestrian traffic. Mr.
Wonzel noted that at the November 19, 1991, meeting, the City Council recommended that outside storage not
unreasonably interfere with pedestrian traffic. He asked that the discrepancy in the City's position be clarified.
Mayor Egan recounted the November 24 workshop. He pointed out that the minutes of November 19
highlighted very well the two issues that were discussed at the workshop. He said the Council found no
reasonable way to regulate open storage and their consensus was to not allow it at all with the exception of
propane tanks which are permitted by State law. Mayor Egan advised Mr. Wonzel that the City Council made
the determination that it was inappropriate to attempt to regulate outside storage because of the subjective
standards which, he added, would be impossible to enforce.
Mr. Wonzel questioned the impact of this decision on the community. He urged the Council to have
those impacted present to make their cases to the City Council. Mr. Wonzel disagreed with the Council and
noted that as long as the storage is maintained in a safe manner, it would be unreasonable to restrict it to this
degree. He said he had met all the standards set forth by the City Council with the exception of perhaps the
suitability of the enclosure to the building.
Councilmember McCrea stated that it appeared outside storage was a way to gain additional storage
area without paying rent. Mr. Wonzel pointed out that the two Tom Thumbs were different in that one was
located in the center of a strip mall and the other was a free standing building which was owned solely by Tom
Thumb. He suggested that the City Council could control outside storage through the conditional use process
and added that what he had submitted was both reasonable and controllable. Mayor Egan said that Mr. Wonzel
had admitted the two Tom Thumb stores are different and it would be impossible for the Council to decide
outside storage questions with numerous variables using subjective standards.
Councilmember Pawlenty said that while he was not at the November 24 workshop, the Council was
trying to address the aesthetics and safety of outside storage. He suggested the Council could either stay with
a complete ban on outside storage or permit each store a certain percentage. Councilmember Wachter suggested
stores construct their buildings to the appropriate size at the onset thus avoiding the need to expand outside.
Wachter moved, McCrea seconded, a motion to: 1) deny a conditional use permit for outdoor storage
for the Tom Thumb Store located on Lot 1, Block 1, Bicentennial 1st Addition at the Yankee Square Shopping
Center, 2) direct the City Attorney to draft findings of fact under the existing ordinance and 3) direct the
Community Development Department to review whether the ordinance should be changed to accomplish the
Council's intent.
Aye: 4 Nay: 0
In answer to a question as to the effective date, Wachter moved, Egan seconded, a motion directing that
all outside storage be removed by February 2, 1993. Aye: 4 Nay: 0
PAGE 8 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
After discussion of various options, Acting Community Development Director Hohenstein restated
Council's direction as developing the property as residential, attempting to grade the property in a fashion that
is sensitive to the remaining trees on the site, and platting the property for sale.
1993 FEE SCHEDULE
Mayor Egan introduced this item as consideration of the 1993 Fee Schedule. Director of Finance
VanOverbeke pointed out that fees relating to park dedication and water quality dedication had not been
finalized by the Advisory Parks, Recreation, & Natural Resources Commission and would be brought back to
the Council if there is a change.
After various questions, Wachter moved, McCrea seconded, a motion to approve the 1993
Comprehensive Fee Schedule as presented. Aye: 4 Nay: 0
CITY CODE AMENDMENT /ALARM REGULATIONS
Mayor Egan introduced this item as an amendment, ordinance Section 10.43, Fire, Burglary, and Safety
Alarm Regulations and Requirements. City Attorney Sheldon asked that a minor change be made under
Subdivision 4, A, with the substitution of the word, "amount" for the word, "fine," and that Section D,
Confidentiality, be stricken. The Council agreed.
McCrea moved, Pawlenty seconded, a motion to approve an ordinance amending City Code Section
10.43 regarding fire, burglary, and safety alarm regulations and requirements incorporating the following changes:
Subdivision 4, A. Change the word, "fine," to "amount."
Subdivision 4, D. Strike in entirety
Aye: 4 Nay: 0
ON -SALE LIQUOR LICENSE /HOLIDAY INN
Mayor Egan introduced this as a license, for on -sale liquor, Holiday Inn (Doubletree Hotel), 2700 Pilot
Knob Road. The Comptroller for Holiday Inn was present to answer any questions. Councilmember McCrea
asked if the license was being issued with not one of the applicants being from Minnesota. The Comptroller
indicated the license would be administered by him and he is a Burnsville resident.
McCrea moved, Pawlenty seconded, a motion to approve an on -sale liquor license for the Holiday Inn,
formerly the Doubletree Hotel, located at 2700 Pilot Knob Road. Aye: 4 Nay: 0
SPECIAL PERMIT /FAITH CHURCH OF GLORY
Mayor Egan introduced this item as a special permit for Faith Church of Glory to allow church services
to be held in an office warehouse at 3584 Kennebec Drive and zoned LI (Light Industrial) located in the
northwest quarter of Section 17. It was noted this is the second church to hold services at this location and there
had been no complaints.
Wachter moved, Pawlenty seconded, a motion to approve a special use permit for Faith Church of Glory
to allow church services to be held in an office warehouse at 3584 Kennebec Drive and subject to the following
conditions:
0�. _
PAGE 7 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
CONDITIONAL USE PERMIT /OUTDOOR STORAGE
TOM THUMB /BLACKHAWK PLAZA
Mayor Egan introduced this item as a conditional use permit for Tom Thumb, to allow outdoor storage
in a Commercial Zoning District on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, located along the north
side of Diffley Road in the SE 1/4 of Section 20.
Wachter moved, McCrea seconded, a motion to deny an application for a conditional use permit to allow
outdoor storage in a commercial zoning district on Lots 4 and 5, Block 1, Blackhawk Plaza Addition and directed
the City Attorney to draft findings of fact under the existing ordinance. Aye: 4 Nay. 0
DANIEL DRIVE /DIFFLEY ROAD HUD PROPERTY
Mayor Egan introduced this item as a request for direction regarding the Daniel Drive/Diffley Road
parcel. City Administrator Hedges provided background on the item and referred to Director of Parks &
Recreation Vraa's memorandum of November 24; 1992.
Councilmember McCrea expressed her confusion as to how the item had reached this point when she
had understood that if any of the property acquired from HUD was found not to be needed by the City, it would
be sold. Mayor Egan also stated that this area is well- served by the park system and questioned whether
additional parkland was addressed in the City's park plan. He noted that developing the property for sale and
then using the proceeds for existing parks would be closer to what the Council intended for the property.
Director of Parks & Recreation Vraa wished to clarify for the Council that staking of the storm water
pond had caught the attention of the neighbors. When staff invited them to a meeting to discuss the ponding
and grading, the neighbors asked if a park was possible and wanted to take their request to the City Council.
City Administrator Hedges said that the residents had contacted the City regarding their concerns about what
was intended for the property and staff had been very clear about the Council's intentions. Mr. Hedges stated
that staff was not advocating a park but were only bring the resident's wishes to the attention of the Council.
The Council indicated they would be willing to listen to the proposal; however, it was agreed that with a tight
budget, it would be difficult to agree to a park proposal that did not have benefit for the entire City and its park
system.
Tish Whetstone, 917 Curry Trail, stated they have a beautiful wooded lot behind them and they would
like to keep it. She also said they were not connected to Trapp Farm Park or Northview Park by the City's trail
system.
Pat Connolly, 921 Curry, cited the large number of families in the area as the need for a neighborhood
park. He asserted that it is the only area in the City without direct access - -no trails or sidewalks - -to a park. Mr.
Connolly said he believed this was a unique situation.
Mayor Egan noted that the points were well- taken; however, this situation did not meet the criteria
spelled out in the City's master park plan. He said the City could not establish separate and unique criteria just
because the land is available. Councilmember McCrea agreed and noted the number of areas in the City where
a greater need exists for green space. Councilmember Pawlenty asked if the master park plan envisioned land
use changes in this area. Director of Parks & Recreation Vraa said the master plan indicated the existing
parkland should meet park needs in that area.
PAGE 8 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
After discussion of various options, Acting Community Development Director Hohenstein restated
Council's direction as developing the property as residential, attempting to grade the property in a fashion that
is sensitive to the remaining trees on the site, and platting the property for sale.
1993 FEE SCHEDULE
Mayor Egan introduced this item as consideration of the 1993 Fee Schedule. Director of Finance
VanOverbeke pointed out that fees relating to park dedication and water quality dedication had not been
finalized by the Advisory Parks, Recreation, & Natural Resources Commission and would be brought back to
the Council if there is a change.
After various questions, Wachter moved, McCrea seconded, a motion to approve the 1993
Comprehensive Fee Schedule as presented. Aye: 4 Nay: 0
CITY CODE AMENDMENT /ALARM REGULATIONS
Mayor Egan introduced this item as an amendment, ordinance Section 10.43, Fire, Burglary, and Safety
Alarm Regulations and Requirements. City Attorney Sheldon asked that a minor change be made under
Subdivision 4, A, with the substitution of the word, "amount" for the word, "fine," and that Section D,
Confidentiality, be stricken. The Council agreed.
McCrea moved, Pawlenty seconded, a motion to approve an ordinance amending City Code Section
10.43 regarding fire, burglary, and safety alarm regulations and requirements incorporating the following changes:
Subdivision 4, A. Change the word, "fine," to "amount."
Subdivision 4, D. Strike in entirety
Aye: 4 Nay: 0
ON -SALE LIQUOR LICENSE /HOLIDAY INN
Mayor Egan introduced this as a license, for on -sale liquor, Holiday Inn (Doubletree Hotel), 2700 Pilot
Knob Road. The Comptroller for Holiday Inn was present to answer any questions. Councilmember McCrea
asked if the license was being issued with not one of the applicants being from Minnesota. The Comptroller
indicated the license would be administered by him and he is a Burnsville resident.
McCrea moved, Pawlenty seconded, a motion to approve an on -sale liquor license for the Holiday Inn,
formerly the Doubletree Hotel, located at 2700 Pilot Knob Road. Aye: 4 Nay: 0
SPECIAL PERMIT /FAITH CHURCH OF GLORY
Mayor Egan introduced this item as a special permit for Faith Church of Glory to allow church services
to be held in an office warehouse at 3584 Kennebec Drive and zoned LI (Light Industrial) located in the
northwest quarter of Section 17. It was noted this is the second church to hold services at this location and there
had been no complaints.
Wachter moved, Pawlenty seconded, a motion to approve a special use permit for Faith Church of Glory
to allow church services to be held in an office warehouse at 3584 Kennebec Drive and subject to the following
conditions:
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PAGE 9 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
1. This temporary permit shall expire two years from the date of City Council approval.
2. Church functions shall be limited to evenings and weekends.
3. All applicable City Code requirements.
Aye: 4 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING
LEXINGTON AVENUE RTC PROPERTY
Mayor Egan introduced this item as a comprehensive guide plan amendment, City of Eagan, changing
the land use designation from D -III (Mixed Residential, 6-12 Units /Acre) to IND (Industrial) for approximately
62 acres of land and a rezoning from R -3 (Townhouse Residential) to LI (Light Industrial) of approximately 57
acres of the above 62 acres located on the west side of Lexington Avenue South of the Bulk Mail Facility
generally in the N1 /2 of the SE1 /4 of Section 10.
Pawlenty moved, McCrea seconded, a motion to approve a comprehensive guide plan amendment for
the City of Eagan changing the land use designation from D -III (mixed residential 6 -12 units per acre) to Ind
(Industrial) for approximately 62 acres of land. Aye: 4 Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve a rezoning from R -3 (townhouse residential)
to LI (Light Industrial) of approximately 57 acres of the above 62 acres located on the west side of Lexington
Avenue south of the Bulk Mail Facility. Aye: 4 Nay: 0
Acting Community Development Director Hohenstein advised the City Council that it will be necessary
to forward the application to the Metropolitan Council for review. He wanted to alert the Council to the
possibility that the Met Council may have some concerns because the Amendment is not accompanied by a
development plan. R- 92.108
CITY CODE AMENDMENT /BOULEVARD & TRAIL REGULATIONS
Mayor Egan introduced this item as amendment to the ordinance, Chapters 11 and 13 of the City Code
regarding boulevard and trail regulations.
Wachter moved, McCrea seconded, a motion to approve ordinance amendments to the City Code,
Chapters 1, 7, 9, 11, and 13, regarding boulevard and trail regulations as presented. Aye: 4 Nay: 0
ST FRANCIS WOODS PROPERTY
Acting Community Development Director Hohenstein advised the Council that the remainder of the
St. Francis Woods property may be developing and because it involves another developer, may be of a somewhat
different style.
COMMUNITY DEVELOPMENT BLOCK GRANT
Mr. Hohenstein discussed Council's interests as to projects resulting from additional funding through
the Community Development Block Grant program. While they agreed there are many worthy projects, they
indicated their first choice would be a second phase of senior housing.
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PAGE 10 /EAGAN CITY COUNCIL MINUTES
December 1, 1992
KOHL'S DEPARTMENT STORE
In answer to a question from staff, the Council stated their position that if a Kohl's Department Store
is to be constructed in Eagan, the exterior surface will be brick.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve a checklist in the amount of $397,988.20, dated
December 1, 1992. Aye: 4 Nay: 0
ADJOURNMENT
The regular meeting of the Eagan City Council was adjourned at 11:25 p.m.
CITY OF EAGAN
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EXHIBIT A TO MINUTES OF DECEMBER 1, 1992 N
Page 3 /EAGAN CITY COUNCIL MINUTES
November 19, 1991
I. Acknowledgement of Project ComRietionlContract 89 -TT (Boulder Ridge 2nd Addition)
It was recommended that completion of Contract 89 -TT (Boulder Ridge 2nd Addition) be acknowledged
and that perpetual City maintenance be authorized subject to appropriate warranty conditions of the development
agreement.
Pawlenty moved, Wachter seconded a motion to approve the Consent Agenda as amended. Aye: 4
Nay: 0
Because of the earliness of the hour, the City Council then took up those items included with the
Administrative Agenda.
CITY ATTORNEYXXECUTIVE SESSION
It was noted that an executive session would follow the regular City Council agenda.
CITY ADMINISTRATOR /M.A. MORTENSON REQUEST
After introduction by Mayor Egan, City Administrator Hedges said that MA. Mortenson, who has been
hired by Northwest Airlines, Inc. for the renovation of the former Unisys Semi- Conductor Facility, has requested
that the City extend construction hours during the demolition phase to 24 hours a day until the anticipated
completion date in February. Director of Community Development Runkle said if problems regarding the noise
were to occur, staff would work with MA. Mortenson and the neighbors in an effort to mitigate those concerns.
Further discussion centered around noise and dust problems. Councilmember Pawlenty noted that it may be
prudent to put Northwest Airlines on notice that if there are complaints, the waiver could be revoked.
Pawlenty moved, Wachter seconded a motion to approve a request by MA. Mortenson to extend the
hours of work to 24 hours a day to complete the demolition of Northwest Airline's Data Processing Center which
occupies the building formerly owned by Unisys and used as a semi - conductor facility. Aye: 4 Nay: 0
DIRECTOR OF PUBLIC WORKSLCONTRACT 89 -03
Mayor Egan introduced this item as Contract 89 -03, Phase I & 2 /acknowledge completion and final
payment (Maintenance Facility Expansion).
Wachter moved, McCrea seconded a motion to acknowledge completion and authorize the final payment
in the amount of $11,963.50 to West Bend American Builders for formal close -out of Contract 89 -03
(Maintenance Facility Expansion). Aye: 4 Nay: 0
ORDINANCE AMENDMENTIOUTSIDE STORAGE
Mayor Egan introduced this item as an ordinance amendment, City of Eagan, Amending Chapter 11
(Zoning) of the Eagan City Code regarding outside storage. City Administrator Hedges provided background
on the item and noted Councilmember Gustafson's memo regarding "Standards" under the proposed ordinance.
It was noted that Councilmember Gustafson had concerns that the word "enclosures" as used in the amendment
would be interpreted as having to be attached to a building. The Councilmember's memo suggested that the
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Page 4 /EAGAN CITY COUNCIL MINUTES
November 19, 1991
word "display" be substituted. In addition, it was Councilmember Gustafson's recommendation that all of Item
f, be stricken.
Mr. Jim Rabuse, of Yankee Square Amoco, asked for additional clarification of the ordinance, especially
as it relates to items such as firewood. He said firewood is a seasonal item and an enclosure for such items
would be more unattractive and inconvenient than as displayed currently.
It was noted that outside storage is not now permitted in the City and that the proposed amendment
to that portion of the City Code dealing with outside storage would permit storage under certain conditions.
Mayor Egan said it must be recognized that if outside storage is to be regulated, it would be necessary to apply
some subjective standards. He recommended that under Standards, Item e, the item be changed to read, "the
enclosure shall not unreasonably interfere with any pedestrian or vehicular movement.' The rest of the Council
was in agreement with that change. Mr. Tim Wonzel, representing Tom Thumb, agreed that adding the word
"unreasonably" to Item e. would satisfy his concerns. In addition, after weighing all aspects, it was determined
that the word "enclosure" be allowed to remain as stated in the amendment as well as all of Item f.
Pawlenty moved, Wachter seconded a motion to approve an amendment to the Eagan City Code,
Chapter 11, regarding outside storage as presented with the following changes:
1. Standards
b. All such enclosures shall be RuRdled contiguous to the principal building except in the Limited
Industrial District.
e. The enclosure shall not unreasonably interfere with any pedestrian or vehicular movement.
Aye: 4 Nay: 0
FORECLOSE FINANCIAL SECURITY /AUTHORIZE ADVERTISEMENT FOR BIDS
WILDERNESS PONDS
Mayor Egan introduced this item as Contract 86 -RR, foreclose financial security/authorize advertisement
for bids (Wilderness Ponds - Streets & Utilities). City Administrator Hedges said that a request for continuance
would be made, however, the Council may wish to discuss the item.
Director of Public Works Colbert said the action being requested of the Council was a reaffirmation
declaring the developer in default of the development agreement. He said staff would be asking the Council to
proceed with competitive bids to take corrective action on this project due to the developer's inability to obtain
easements allowing this corrective action to take place.
Douglas Turbak, the developer of Wilderness Ponds, said they had not been able to obtain easements
because the project as approved by the City was not acceptable to one of the neighbors, Mr. John Dudycha. Mr.
Turbak said the project was completed in 1987; however, in 1989 one of the property owners in Wilderness Ponds
experienced the accumulation of a significant amount of water in their backyard. He said while it took several
months to find the problem, he believes the problem was not in their storm sewer design, but that of the Ches
Mar Addition design. Director of Public Works Colbert said many of the improvements in these developments
were permitted to be performed by private developers because there was not sufficient staff at that time to
handle the workload. He said when these improvements were made, it was understood that only cursory reviews
were made by City staff and the private developer would assume all liability for the system design. He said the
existing storm sewer system in question is not adequate and Mr. Turbak has been asked to correct the runoff
EXHIBIT B
REFUSE HAULER APPLICANTS — 1993
Action Disposal Bloomington Sanitation
Aagard Env 4325 E. 66th St. 9813 Flying Cloud Drive
N. Prior Ave. Inver Grove Heights, MN 55076 Eden Prairie, MN 55344
�.. _ aul, MN 55104
Buckingham, Inc. City Clean -Up Dick's Sanitation Service
12444 Hwy. 13 William Kreitz 21338 Dodd Blvd.
Savage, MN 55378 2841 Burnside Ave. Lakeville, MN 55044
Eagan, MN 55121
ON 1 "3
Knutson Rubbish Service Mendota Heights Rubbish Mike's Disposal & Recycling
15120 Chippendale Ave. 20700 Donnelly Ave. E. 19784 Kenrick Ave.
Rosemount, MN 55068 Farmington, MN 55024 Lakeville, MN 55044
T "i Disposal Inc. Northern Disposal, Inc. Ken Oehrlein Sanitation
. . Terminal Dr. 2817 Anthony Lane So. #312 1811 Century Ave.
Eagan, MN 55121 Minneapolis, MN 55418 Newport, MN 55055
Poor Richard's Inc. Quality Waste Control Eagan Sanitation
400 Whitall St. 1901 West 144th St. 2400 Dodd Road
St. Paul, MN 55101 Burnsville, MN 55337 Mendota Heights, MN 55120
Triangle Services Waste Management Wildwood Sanitation
1881 Lexington Ave. 12448 Pennsylvania Ave. S. Box 176
Mendota Heights, MN 55118 Savage, MN 55378 Newport, MN 55055
o.,perCycle Inc.
775 Rice St.
St. Paul, MN 55117