09/17/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
Thursday, September 17, 1992
A regular meeting of the Eagan City Council was held on Thursday, September 17, 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 said there had been a request to move Administrative Agenda Item 2,
Request for Use of Propane Cannons for Deer Control, to Department Head Business/Police Department, Item
3; and Administrative Agenda Item 3, Final Plat, YMCA 1st Addition, to the Consent Agenda, Item M.
Under the Consent Agenda, there is one additional Personnel Item: Item 3, Touch Football League
Officials.
Pawlenty moved, Wachter seconded, a motion to approve the agenda for the September 17,1992, regular
City Council meeting as amended.
Wachter moved, Awada seconded, a motion to approve the minutes of the September 1, 1992, regular
City Council meeting. Aye: 5 Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve the minutes of the July 7, 1992, special City
Council meeting. Aye: 5 Nay. 0
POLICE DEPARTMENT /HUNTING PERMITS
Pawlenty moved, Awada seconded, a motion to approve special hunting permits for Robert Sandeen on
property located at the intersection of Yankee Doodle Road and Lexington Avenue and for Steve Huetd on
property located at 1300 Deerwood Drive. Aye: 4 Nay: 0 Abstain: 1 (Wachter)
POLICE DEPARTMENT /ALTERNATIVE DEER CONTROL PROGRAM
Mayor Egan introduced this item as expansion of the area involved in the Department of Natural
Resources' 1991 -1993 Alternative Deer Control Program. Jon Parker of the DNR said they would like to include
an area of Ft. Snelling and land along the border in order to keep the deer from moving out of the hunt area.
He indicated the DNR had obtained written permission from Joseph Kennealy to include his property in the hunt
and permission will be required of the City to use a small portion of City property. Mr. Parker went on to say
that he had contacted John Yanta who recently obtained a special hunting permit from the City to bow hunt the
Kennealy property and informed him that he will not be permitted to hunt the property on the weekends
designated for the DNR program. Mr. Parker reported that Mr. Yanta had no objections.
Awada moved, Wachter seconded, a motion to approve the expansion of the DNR Alternate Deer
Control Program boundaries and approve the use of City owned property during the remainder of the 1991 -1993
deer control program. Aye: 5 Nay: 0
Page 2 /EAGAN CITY COUNCIL MINUTES
September 17, 1992
FINANCE DEPARTMENT /POLICY FOR BIDS /QUOTATIONS
Mayor Egan introduced this item as the proposed City policy for obtaining quotations/bids.
Councilmember McCrea suggested more be done to insure that local businesses are made aware of bid
opportunities.
McCrea moved, Wachter seconded, a motion to approve the proposed City policy for obtaining
quotations and bids. Aye: 5 Nay: 0
POLICE DEPARTMENT /ROBERT POLLOCK REQUEST
Mayor Egan introduced this item as a request for the use of propane cannons for deer control. City
Administrator Hedges explained the request from Robert Pollock who leases farm property between I -35E and
Lexington Avenue, just north of Yankee Doodle Road. Mr. Pollock was present and said he was planning to
use the propane cannons at the suggestion of the Department of Natural Resources and the U. S. Department
of Agriculture's Division of Animal Damage Control. He said the property was in an isolated area with an
apartment complex as his nearest residential neighbor.
A number of questions were asked including whether or not the deer become immune to the sound of
the cannons. Jon Parker of the DNR said they do, so it is suggested that the devices be moved often to prolong
their efficiency. Councilmember Wachter was concerned that the noise would be distressing to the neighbors,
especially since the noise would continue 24 hours a day. He was not in favor. Mr. Pollock said he did not plan
to use the cannons all the time. He said he would need them only a month and would run them a few days, then
shut them off and move them.
Councilmember McCrea said she was willing to approve the request provided that if complaints are
received, the propane cannons will be shut down. Mr. Pollock agreed.
McCrea moved, Awada seconded, a motion to approve a request by Bob Pollock to utilize propane
cannons for the purposes of deer control on the Sell farm located between I -35E, Yankee Doodle Road and
Lexington Avenue. Aye: 3 Nay: 2 (Pawlenty & Wachter)
In reference to the Personnel Items, Councilmember McCrea again encouraged the hiring of people of
color. Mayor Egan noted that while Councilmember Wachter's position of hiring the most qualified was well
taken, he agreed with Councilmember McCrea saying the City must make every effort to reach all possible
candidates and encourage their application.
A. Personnel Items
Item 1. Police Officers - -It was recommended that the hiring of Robert Stephens, Jennifer Wills,
Christopher Erickson, and Duane Pike as police officers be approved subject to successful completion of the
City's physical, psychological and drug testing procedures.
Item 2. Seasonal Park Maintenance Workers --It was recommended that the hiring of Mark Kesti and
Stanley Schneider as Seasonal Park Maintenance Workers be approved.
Item 3. Touch Football League Officials --It was recommended that the hiring of Jeff Freeman, Joey
Schoohneester, Tony Lancette, Daniel Gerenz, Mark Samstad and Ken Freeman be ratified.
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September 17, 1992
B. Plumbers Licenses
It was recommended that the Plumbers Licenses for the plumbing contractors listed in Exhibit A be
approved.
C. Approval of Manager for On -Sale Liquor License. Applebee's Restaurant
It was recommended that Lisa Herboldt be approved as manager for the on -sale liquor license for
Applebee's Restaurant.
D. Contract 92 -12. Receive Bids /Award Contract (Doppler Addition - Streets & Storm Sewer)
It was recommended that the bids for Contract 92 -12 ( Poppler Addition - Streets & Storm Sewer) be
received and consideration of the contract award continued to coincide with final plat approval or October 30,
1992, whichever is first.
E. PrQject 642, Receive Feasibility Reps /Order Public Hearing (Crestridge Drive - Streeta)
It was recommended that the feasibility report be received for Project 642 (Crestridge Drive - Streets)
and a public hearing ordered to be held October 20, 1992.
F. Contract 92 -14. Approve Plans /Authorize Advertisement for Bids (Crestridge Drive)
It was recommended that the plans and specifications for Contract 92 -14 (Crestridge Drive - Streets)
be approved and the advertisement authorized for a bid opening at 10:30 a.m. on Friday, October 16, 1992.
G. Contract 91 -11. Approve Change Order #1 (Well #161
It was recommended that Change Order #1 to Contract 91-11 (Pump and Pumphouse #16) be approved
and the Mayor and City Clerk authorized to execute all related documents.
H. Project #589R. Receive Final Assessment Roll (Elrene Road & Trails End Road - Streets &
Ut ilities )
It was recommended that the final assessment roll for Project 589R (Elrene Road & Trails End Road -
Streets & Utilities) be received and a public hearing scheduled for October 20, 1992.
I. Resolution and Ratification of Stipulation of Settlement. Joel & Elaine Greer
It was recommended that ratification of previous City Council action be ratified and a resolution
approved adopting the settlement agreement for Joel & Elaine Greer relative to public improvement project
#543R as presented. R -92.80
J. Final Plat. Coventry Pass 4th Addition
It was recommended that the final plat for Coventry Pass 4th Addition be approved.
K Resolution. Dakota County Landfill Abatement Funding Application
R -92.81
It was recommended that the City of Eagan, Dakota County landfill abatement funding application for
1993 be approved. R -92.82
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September 17, 1992
L. Adopt Resolution Setting Public Hearing for Refunding $11.350.000 Multi - Family Housing Revenue
Bonds - Cinnamon Ridge Project
It was recommended that a public hearing be set for 7:00 p.m. on October 8, 1992, for the purpose of
considering the proposed issuance of refunding bonds for the Cinnamon Ridge Partnership.
R -92.83
M. Final Plat. YMCA 1st Addition
It was recommended that the final plat for the YMCA 1st Addition be approved.
R- -92.84
Wachter moved, McCrea seconded, a motion to approve the Consent Agenda as presented. Aye: 5
Nay: 0
FINAL ASSESSMENT HEARING /DELINQUENT UTILITY BILLS
Mayor Egan introduced this item as the final assessment hearing for delinquent utility bills. Mayor Egan
advised Stan Piekarski, who was in the audience, that his objection had been noted.
Pawlenty moved, McCrea seconded, a motion to close the public hearing, approve the final assessment
roll and authorize its certification to the County for collection.
Mr. Piekarski reiterated his objection to the Storm Drainage Utility Fee as well as a number of other
issues related to his property. After discussion, it was determined that the Public Works Committee will meet
with Mr. Piekarski to review his concerns.
Larry Oldenburg, 625 Diffley Road, presented a letter of objection to the Storm Drainage Utility Fee
and asked that because he maintains the area around one of the City's pressure reducing stations, that some type
of "trade" be worked out.
Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING /PROJECT 621
Mayor Egan introduced this item as Project 621, Final Assessment Hearing (Manor Lake 4th Addition -
Streets & Utilities). Because neither Robert Middlemist, the developer, nor his attorney, Todd Rapp, were
present, the public hearing was continued to the end of public hearings.
PROJECT 639 /ALDRIN DRIVE
Mayor Egan introduced this item as Project 639, Aldrin Drive (Streets & Utilities). Director of Public
Works Colbert said that a feasibility report was prepared in response to a petition from Alscor Investors Joint
Venture and Opus Corporation. After review of the report with the property owners, the project was scaled back
and has resulted in a revised feasibility report. Mr. Colbert said the project as outlined in the revised report is
acceptable to the property owners.
Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described the project. Mark Anderson,
real estate developer for Opus Corporation, and Ralph Dahr of A & H Cartage were present and indicated they
had worked closely with staff and were in favor, of the project.
Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve Project 639,
Aldrin Drive - Streets & Utilities) Aye: 5 Nay: 0
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September 17, 1992
VACATE EASEMENTS /DEERWOOD SCHOOL ADDITION
Mayor Egan introduced this item as the vacation of easements in the Deerwood School Addition. There
was no one in the audience who wished to address this item.
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation of
drainage and utility easements as described for the Deerwood School Addition. Aye: 5 Nay: 0
VACATE EASEMENTS /OUTLOT A COVENTRY PASS ADDITION
Mayor Egan introduced this item as the vacation of easements, Outlot A, Coventry Pass Addition.
There was no one in the audience who wished to address this item.
McCrea moved, Awada seconded, a motion to close the public hearing and approve the vacation of
drainage and utility easements as described for Outlot A, Coventry Pass Addition. Aye. 5 Nay: 0
VACATE EASEMENTS/WOODLANDS NORTH ADDITION
Mayor Egan introduced this item as the vacation of easements, Lot 8, Block 2, and Outlot D, of the
Woodlands North Addition. There was no one in the audience who wished to address this item.
McCrea moved, Wachter seconded, a motion to close the public hearing and approve the vacation of
drainage and utility easements as described over Lot 8, Block 2, and Outlot D, of the Woodlands North Addition.
Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING /PROJECT 621
Mayor Egan introduced this item as Project 621, Final Assessment Hearing (Manor Lake 4th Addition -
Streets & Utilities). Robert Middlemist and his attorney, Todd Rapp, were still not present; however, the public
hearing was begun.
City Administrator Hedges provided a brief background of this item. Mr. Hedges reported that the
errors in the assessment roll had been resolved but noted that one issue remained involving how the City arrived
at the percentages used to estimate project costs. City Attorney Sheldon explained that standard percentages
have been used by the City for many years. He said while only certain items are billed, many additional costs
are incurred. Therefore, he was of the opinion that the fees are justified.
Mayor Egan added that Mr. Middlemist did not agree with the appraisal done at the time of the public
hearing; however, he and his attorney have indicated they do not want another appraisal. Councilmember
Wachter pointed out that since the principals for this project were not present, it was an indication they had
accepted the assessment as originally presented.
Wachter moved, McCrea seconded, a motion to close the public hearing and approve the modified final
assessment roll for Project 621 (Manor Lake 4th Addition - Streets & Utilities) and authorized its certification
to the County.
Aye: 5 Nay: 0
Page 6 /EAGAN CITY COUNCIL MINUTES
September 17, 1992
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COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING
PRELIMINARY PLAT /MEGHANS ADDITION
Mayor Egan introduced this item as a comprehensive guide plan amendment for Meghans
Addition /Pulsar Inc., from NB (Neighborhood Business) to D -III (Mixed Residential), a rezoning of
approximately it acres from NB (Neighborhood Business) to R-4 (Multiple) and two preliminary plat proposals
consisting of 11 lots and 88 units with two access variations, located along the south side of Diffley Road and
the east side of Nicols Road in the NE 1/4 of Section 30. Director of Community Development Runkle
indicated there were two issues involved with this application having to do with access and the condominium
process. Mr. Runkle said that after staff review, one access oft Nicols Road seemed to make the most sense but
where that access would be had not been determined.
Mark Parranto, representing Pulsar, Inc., advised the Council that Pulsar would not pursue the
condominium process for this development. He then presented four different site plans, A -D, which addressed
variations of the internal streets as well as the access to Nicols Road. While Plan A placed the buildings farthest
from the single -family residences, Plan D was recommended by the City's Engineering Division because it would
provide the most flexibility in aligning the access to future development to the west.
After further discussion, McCrea moved, Wachter seconded, a motion to approve a comprehensive guide
plan amendment for Meghans Addition /Pulsar, Inc., from NB (Neighborhood Business) to D -III (Mixed
Residential). Aye: 5 Nay: 0
McCrea moved, Egan seconded, a motion to approve a rezoning of approximately 11 acres from NB
(Neighborhood Business) to R -4 (Multiple). Aye: 5 Nay: 0
McCrea moved, Wachter seconded a motion to approve a preliminary plat consisting of 11 lots and 88
units located along the south side of Diffley Road and the east side of Nicols Road, aligned as proposed in site
Plan D and subject to 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, Dl, El, Fl, Gl, and Hl
2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to
final plat and recorded with the plat at Dakota County.
3. All landscaped and green areas shall have underground irrigation.
4. A variance to the private through street setback for Buildings 2, 6, 7, 8, 9, 10, and 11 shall be
approved .
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6. The existing trees along the east and south property lines shall be saved and protected to provide
a buffer to the adjacent existing single -family residential lots.
7. The storm water drainage from the majority of this site shall be directed to the proposed pond.
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September 17, 1992
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8. The proposed pond storage shall be large enough to allow a maximum discharge rate of 2 cfs.
9. The slope of the drainage swales on this site shall be at least iS - 2.0 %.
Aye: 5 Nay: 0
Councilmember Wachter stated that he preferred the original plan for this development and was
disappointed that Dakota County had denied access onto Diffley Road.
Mark Parranto said all staff issues had been resolved except the storm sewer trunk charges and asked
Council at this time to consider that outstanding issue. Mr. Parranto said they have been required to provide
a water quality pond on the development site in addition to paying storm sewer trunk charges. He disagrees with
these charges and believes the requirements to be in conflict. Director of Public Works Colbert will address the
water quality ponding requirement and the storm water trunk charges in a memorandum to the City Council and
Mr. Parranto has agreed to abide by Council's decision. R -92.85
MODIFICATION TO PRELIMINARY PLAT
SS MARTHA & MARY EPISCOPAL CHURCH
Mayor Egan introduced this item as the modification of the preliminary plat, Episcopal Church
Addition /Ss. Martha & Mary Episcopal Church, to exclude Lot 1, Block 1, Kirschner Plaza. City Administrator
Hedges said that this request was addressed at the September 1 regular City Council meeting; however, no one
representing the church was available to answer questions.
Reverend George Martin, representing Ss. Martha & Mary Episcopal Church, said it had been their
intention to exclude the lot from the Episcopal Church Addition, however, it was not done with the preliminary
plat. Reverend Martin advised they have no plans to connect the property until that time when additional church
parking is needed. In the short term, they will use the house on Lot 1, and in the long term, they will use the
property for the church.
Pawlenty moved, Awada seconded, a motion to approve a request from Ss. Martha & Mary Episcopal
Church to exclude Lot 1, Block 1, Kirschner Plaza, from the preliminary plat. Aye: 5 Nay: 0
CITY CODE AMENDMENT /HANDICAPPED VEHICLE
Mayor Egan introduced this item as an ordinance amendment, to Eagan City Code Chapter 8, Traffic
Regulations, Special Vehicle Use by Handicapped. City Administrator Hedges advised that staff has requested
a continuance to allow for further study.
McCrea moved, Wachter seconded, a motion to continue to the October 8, 1992, regular City Council
meeting an amendment to Eagan City Code Chapter 8 concerning traffic regulations to permit special vehicle
use by persons with handicaps. Aye: 5 Nay: 0
LOT COVERAGE VARIANCE /DON CHRISTIANSON
Mayor Egan introduced this item as a variance for Don Christianson, of 1.3% to the 20% maximum
building coverage, located at Lot 6, Block 1, Buffer Hills Addition. Mr. Christianson was present to answer any
questions. Mayor Egan noted that the hardship for this variance is that the duplex is intended for the elderly
and the handicapped.
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September 17, 1992
McCrea moved, Awada seconded, a motion to approve a variance for Don Christianson for Lot 6, Block
1, Buffer Hills Addition of 1.3% to the maximum 20% building coverage requirement subject to all applicable
Code requirements. Aye: 4 Nay: 0 Abstain: 1 (Wachter)
PUBLIC RIGHT -OF -WAY VARIANCE /RON VESCAVAGE
Mayor Egan introduced this item as a variance for Ron Vescavage, of 15' to the 30' required setback
from public right -of -way, located at Lot 8, Block 2, Ridgecliffe First Addition. Director of Community
Development Runkle described the application and its location. Mr. Runkle said the applicant believes the
variance is necessary due to existing conditions, including an in- ground pool, landscaping, and an underground
sprinkler system, which make this location the only place for the garage.
Mayor Egan expressed reservations about separate accesses from the existing garage onto Nokia Way
and the proposed free - standing garage onto Bambie Circle. Because there did not appear to be a hardship
necessitating this variance, Council suggested Mr. Vescavage explore the possibility of adding to the existing
garage.
Wachter moved, Pawlenty seconded, a motion to continue to the October 8, 1992, regular City Council
meeting a variance for Ron Vescavage located at Lot 8, Block 2, Ridgecliffe 1st Addition. Aye: 5 Nay: 0
CHRISTMAS TREE SALES PERMIT /BILL BRABEC
Mayor Egan introduced this item as a special use permit for Bill Brabec, for the temporary sale of
Christmas trees on Lot 30, Block 2, Knob Hill Professional Park. Mr. Brabec was present to answer any
questions.
Pawlenty moved, Awada seconded, a motion to approve a special use permit for Bill Brabec to allow
the temporary sale of Christmas trees on Lot 30, Block 2, Knob Hill Professional Park subject to the following
conditions:
1. Sales shall begin no sooner than November 21, 1992.
2. Sales shall cease December 22, 1992.
3. All applicable codes shall be adhered to.
Aye: 5 Nay: 0
CHRISTMAS TREE SALES PERMIT /JAMES BARTIZAL
Mayor Egan introduced this item as a special use permit for James Bartizal, for the temporary sale of
Christmas trees on Lot 3, Block 1, Thomas Lake Center.
McCrea moved, Pawlenty seconded, a motion to approve a special use permit for James Bartizal to allow
the temporary sale of Christmas trees on Lot 3, Block 1, Thomas Lake Center subject to the following
conditions:
1. The permit is temporary and shall expire after December 25, 1992.
2. The permit shall be subject to all applicable Code requirements.
Aye: 5 Nay: 0 (Mr. Bartizal arrived to answer questions after the approval of this item).
Page 9 /EAGAN CITY COUNCIL MINUTES
September 17, 1992
REZONING /BURNSVILLE LUMBER/WHISPERING WOODS
Mayor Egan introduced this item as a rezoning for Burnsville Lumber Company, Inc., of approximately
1.4 AG (Agricultural) acres to R -1 (Single Family) located along the north side of Four Seasons Drive in the
SW 1/4 of Section 31.
Pawlenty moved, Awada seconded, a motion to approve a rezoning for Burnsville Lumber Company,
Inc., of approximately 1.4 AG (Agricultural) acres to R -1 (Single - Family) located along the north side of Four
Seasons Drive in the southwest quarter of Section 31 as presented. Aye: 5 Nay: 0
REZONING /PRELIMINARY PLAT/WHISPERING WOODS 9TH ADDITION
Mayor Egan introduced this item as a rezoning for Whispering Woods 9th Addition /Hilla, Inc., of
approximately 5.2 AG (Agricultural) acres to R -1 (Single Family) and a preliminary plat consisting of 11 lots
located south of Slater Road in the SW 1/4 of Section 31. City Administrator Hedges said this item had been
before the Advisory Planning Commission at their August 25, 1992, meeting and they had recommended
approval.
Director of Community Development Runkle explained this as a continuance of the phasing of this
development. Additionally, variances are being requested of 20' to the 50' setback along Slater Road for Lot
1, Block 1, Lot 1, Block 2, and Outlot A, and a 10' front yard setback variance for Lots 1 -7, Block 3, and Lot
2, Block 2. The variances are being requested due to the severe topography and in order to save trees. Mr.
Runkle pointed out that other variances have been granted in Whispering Woods for those reasons.
Mayor Egan noted the applicant's objection to the water quality fees.
Wachter moved, Awada seconded, a motion to approve a rezoning of approximately 5.2 AG
(Agricultural) acres to R -1 (Single Family) located south of Slater Road in the SW 1/4 of Section 31. Aye: 5
Nay: 0
Wachter moved, McCrea seconded, a motion to approve a preliminary plat consisting of 11 lots located
south of Slater Road in the SW 1/4 of Section 31 subject to 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, B3, B4, Cl, C2, C3, C5, El, Fl, Gl, and Hl
2. A variance of 20' for Lot 1, Block 1; Lot 1, Block 2; and Outlot A.
3. A variance of 10' for Lots 1 -7, Block 3, and Lot 2, Block 2.
4. The street name - 125th Street - shall be continued through the Whispering Woods 9th Addition.
5. The grading of this development shall not disturb a 50' buffer zone along the edge of Pond E -24.
6. This development will be responsible for removing the eroded sediments from Pond E -24 in the
backyard area of Lot 7, Block 3.
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Page 10 /EAGAN CITY COUNCIL MINUTES
September 17, 1992
7. The driveway for Lot 1, Block 4, shall be directed to the main east -west road along the north side
of Lot 1, Block 4.
Aye: 5 Nay. 0
PRELIMINARY PLAT /CONDITIONAL USE PERMIT /OAR CLIFF 7TH ADDITION
Mayor Egan introduced this item as a preliminary plat for the Oak Cliff 7th Addition/Brian S. Mangine,
consisting of one lot on approximately two previously -zoned NB (Neighborhood Business) acres within the
Winkler Jackson Planned Development, and two conditional use permits to allow on -sale liquor, 32 Beer and
Wine, and a pylon sign located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 31. City
Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25,
1992, meeting and they had recommended approval. Director of Community Development Runkle described
the application and its location.
Ron Krank, KKE Architects, representing the applicant, Brian Mangine, described the proposal as a
facility for meetings, weddings, etc., with an Italian deli and market. He went on to present a layout of the
building and the property.
Ms. Knutson, a Burnsville resident, said her property backs up to this parcel and voiced her concerns
about the hours the facility would be open as well as concerns about lights and noise. She asked whether there
would be any fencing along the property line, particularly the southwest portion which affects her property. Ron
Krank explained that an extensive landscaping plan had been presented at the Advisory Planning Commission
meeting. He added that no fencing was planned as it was generally felt that with the difference in elevations and
with the landscaping, the facility would be thoroughly screened from the surrounding properties. Councilmember
McCrea said the proposal was not a very dense use compared to what could have been developed on this
property.
Brian Mangine addressed the late party concerns expressed by Ms. Knutson and said that wedding
parties could last until midnight; however, they would have a guard on duty who would be on duty at the building
and patrol the parking lot. He said they had tried to take precautions and had used the natural boundaries of
the property in their plans for the building and landscaping. Mr. Mangine said they had embellished the
southern boundary with shrubs and trees and also noted that the residential properties were at a lower elevation
than the building.
Vern Colon, Federal Land Company, added that they were very pleased with the proposal. He said that
Mr. Mangine had met with representatives of Mary, Mother of the Church, and addressed the concerns raised
by them in the planning of the facility.
Mayor Egan raised questions regarding the City's standards for exterior building materials. He used
the example of Wal -Mart stores that have been built in the Twin Cities stating that differing architectural
standards have been applied to them in suburban communities. Councilmember Pawlenty noted that the issue
had come up time and again and agreed with Mayor Egan that the quality of exterior building materials should
be further reviewed.
McCrea moved, Awada seconded, a motion to approve a preliminary plat consisting of one lot on
approximately two previously -zoned NB (Neighborhood Business) acres within the Winkler Jackson Planned
Development located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 312, subject to the
following conditions:
Page it /EAGAN CITY COUNCIL MINUTES
September 17, 1992
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be
complied with:
Al, Bl, Cl, C2, C4, C5, El, Fl, Gl, and Hl
2. Trash /recycling enclosure shall be located within the building or attached to the building made of
same building material as principal structure with opaque gate doors and shall be large enough to handle
recycling containers.
3. All landscape material shall meet City minimum standards.
4. A 3' to 4' berm shall be constructed along the south property line.
5. The HVAC unit shall not be visible off the site.
6. A sanitary sewer manhole will be required over the sewer service at the south edge of the City's
public utility easement.
7. This development will be responsible for constructing the private east -west street from the
SuperAmerica site to the west property line of Oak Cliff 7th and obtaining ingress and egress easements.
8. This development will be responsible for constructing the private north -south street from Cliff Road
to the north property line of Oak Cliff 7th and obtaining ingress and egress easements.
9. All sign code ordinances shall be complied with and a one -time sign fee of $2.50 per sq. ft. shall be
paid upon issuance of a sign permit.
10. Cross parking easements shall be required with Outlot A, Oak Cliff 6th Addition.
Aye: 5 Nay: 0
McCrea moved, Awada seconded, a motion to approve a conditional use permit to allow on -sale liquor
and 3.2 beer and wine located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 31, subject
to the following conditions:
1. This conditional use permit shall be recorded within 60 days of Council action with documentation
to the City.
2. All City licensing requirements shall be satisfied.
Aye: 5 Nay: 0
The conditional use permit for the pylon sign has been withdrawn; therefore, no action was taken on
that application.
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September 17, 1992
APPROVE PLANS /AUTHORIZE ADVERTISEMENT FOR BIDS
ALDRIN DRIVE
Mayor Egan introduced this item as Contract 92 -13, approve plans /authorize advertisement for bids
(Aldrin Drive - Streets & Utilities).
Wachter moved, Awada seconded, a motion to approve the plans for Contract 92 -13 (Aldrin Drive -
Streets & Utilities) and authorized the advertisement for a bid opening to be held at 10:30 a.m. on October 16,
1992. Aye: 5 Nay: 0
MAINTENANCE FACILITY EXPANSION - COLD STORAGE BUILDING
Mayor Egan introduced this item as Project 637, receive feasibility report /authorize preparation of
detailed plans (Central Maintenance Facility Expansion - Cold Storage Building).
After discussion, Wachter moved, Pawlenty seconded, a motion to receive the feasibility report for
Project 637 (Maintenance Facility Expansion - Cold Storage Building) and authorize the preparation of detailed
plans and specifications. Aye: 5 Nay. 0
I -35W THIRD LANE PROJECT
Mayor Egan introduced this item as a resolution supporting the third lane project for I -35W.
Egan moved, Wachter seconded, a motion to approve a resolution supporting the interim third lane
project for Interstate 35W as requested by the City of Burnsville. Aye: 5 Nay: 0
R -92.86
CITY MANAGER
Councilmember Pawlenty raised the topic of whether there was a need or desire to change the form of
government in the City of Eagan from Administrator /Statutory Plan A to Manager /Statutory Plan B. He said
the City essentially operates with a City Manager now and this action would only formalize that reality. He went
on to say that it was important to determine whether there was interest in this action this evening as Dakota
County would need to be notified by September 18 if the City wished the issue on the November ballot. He
added that if, after investigation the City Council decided they did not wish to take this step, the initiative could
be withdrawn.
Councilmember Pawlenty described the change as a modest step as most of the empowerments of the
City Manager are routine with the exception of the ability to hire and fire employees. He noted that while this
would take the politics out of personnel decisions, it would be unlikely that a City Manager would hire or fire
persons without some input from the City Council.
There was general support from the rest of the Council although it was suggested that the Council meet
regarding the issue before the next regular meeting.
Page 13/EAGAN CITY COUNCIL MINUTES
September 17, 1992
McCrea moved, Pawlenty seconded, a motion to place the issue of the Manager /Statutory Plan B form
of government on the ballot for the General Election on November 3, 1992, with the suggestion that the City
Council meet in special session to go through the logistics of this action and codify the ballot decision at that
time. Aye: 5 Nay: 0
PROCLAMATION /CONSTITUTION WEEK
Mayor Egan introduced this item as a proclamation for Constitution Week, September 17 - 23, 1992.
McCrea moved, Pawlenty seconded, a motion to approve a proclamation designating September 17 as
Citizenship Day and the week of September 17 - 23, 1992, as Constitution Week. Aye: 5 Nay: 0
R- -92.87
REQUEST FOR DEER CONTROL
This item was handled as part of Department Head Business at the beginning of the meeting.
FINAL PLAT/YMCA 1ST ADDITION
This item was handled as part of the Consent Agenda at the beginning of the meeting.
RESOLUTION /DENIAL OF PD AMENDMENT
Mayor Egan introduced this item as a resolution of denial of a planned development amendment for
Lot 2, Block 2, Rahn Cliff 3rd Addition.
Awada moved, Wachter seconded, a motion to ratify the resolution of denial of a planned development
amendment for Lot 2, Block 2, Rahn Cliff 3rd Addition. Aye: 5 Nay: 0
R -92.88
CONTRACTUAL SNOW REMOVAL SERVICES
Mayor Egan introduced this item as contractual snow removal services, receive bids /award contract.
Director of Public Works Colbert presented the bids and said it was staff's recommendation that the contract
be awarded to Bituminous Roadways. Even though their's was not the low bid, the type of equipment they use
lessens the number hours necessary to complete the job. In addition, their location at Wescott and Highway 149,
provides for quick response.
Councilmember McCrea asked why the contract is not bid by the project instead of by the hour. Street
Superintendent Arnie Erhart said that bidding the project by the season would be very expensive. He explained
that contractual services are closely monitored with bidding projects by the hour the industry norm. He stated
that it is difficult to get anyone to bid as, depending upon the season, it is not always profitable.
McCrea moved, Awada seconded, a motion to receive the quotations for contractual snow removal
services and award the contract to the recommended bidder. Aye: 5 Nay: 0
DECLARATION OF DEFAULT /BUR OAK HILLS 2ND ADDITION
Mayor Egan introduced this item as declaration of default /liquidation of financial security (Bur Oaks
Hills 2nd Addition). Director of Public Works Colbert said that financial security for the Bur Oaks Hills 2nd
Addition had now been renewed; therefore, no action would be required.
4i
V i
Page 14/EAGAN CITY COUNCIL MINUTES
September 17, 1992
CONTRACT 92.06 /CEDAR INDUSTRIAL PARK - OVERLAY
Mayor Egan introduced this item as Contract 92-06, Approve Change Order #1 (Cedar Industrial park -
Overlay).
Wachter moved, Pawlenty seconded, a motion to approve Change Order #1 to Contract 92 -06 (Cedar
Industrial Park - Structural Overlay) and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay. 0
WESTON HILLS EXTENSION
Director of Community Development Runkle advised the Council that Steve Ryan of Lyman Lumber
had contacted the City (Exhibit B) regarding an extension of the recording period for the Weston Hills Addition
final plat. Mr. Runkle said present approval would lapse September 21, 1992.
Pawlenty moved, Wachter seconded, a motion to approve a 60 day extension to November 21, 1992, for
recording the final plat for the Weston Hills Addition. Aye: 5 Nay: 0
MISCELLANEOUS PARCELS
Director of Community Development Runkle said that a number of calls had been received regarding
the use and density of property located north of the Lexington Addition. At one time a proposed Light Industrial
(LI) use for an office /showroom had received approval by the City Council; however, the project was never
initiated and the zoning never changed. The property is presently comp guided as D -III and is zoned R -3. In
looking at the uses around this property, it would be the only residential parcel surrounded by
Commercial /Industrial. Mr. Runkle said it is a resolution trust parcel right now, so it could be in the process
rather quickly. It is staff's suggestion that the process be started to look at its potential for LI (Light Industrial)
to fit in with the rest of the land uses around it. Information will be assembled and the public hearings set for
Council consideration.
Mr. Runkle said there is another parcel, the triangle between Highway 55 and Lone Oak Road, that was
proposed for a change in the Comprehensive Guide Plan approximately a year ago but was denied. Staff will
not begin any action on this parcel but wanted Council to know a number of inquiries had also been received
on this property.
Councilmember Awada asked if the inquiries meant there was an increased interest in R -3 and R -4
properties in general? Director of Community Development Runkle said he was not certain whether it was an
interest in R -3 and R -4 or more the price of the parcels.
The City Council acknowledged direction after discussion with staff.
SPECIAL CITY COUNCIL MEETING
McCrea moved, Wachter seconded, a motion to schedule a special City Council meeting for September
29, 1992, at 5:00 p.m. Aye: 5 Nay: 0
Page 15 /EAGAN CITY COUNCIL MINUTES
September 17, 1992
REQUEST /BLAIR PROMOTIONS
City Administrator Hedges stated that Mayor Egan had received a letter from Blair Promotions
regarding the 1993 Matt Blair Celebrity Classic softball tournament they would like to host in the City. Mr.
Blair's letter raised a number of issues which were reviewed by the City Administrator and Director of Parks
& Recreation Vraa and now should be considered by the Council. The main issue appears to be the weekend
being requested is one traditionally reserved for another softball tournament at Northview fields. City
Administrator Hedges said that, however, did not mean Rahn Park couldn't be utilized.
The Council expressed concerns that too many exceptions to City policies would set unnecessary
precedents. In addition, questions were asked as to whether Blair Promotions would make money on the
tournament and whether history of the event indicated how the money would be used to benefit the community.
The Council did not support the We of beer in a City park, particularly when other organizations have not been
permitted to do so. City Administrator Hedges said the Council's questions would be researched with final
consideration and ratification at the special City Council meeting on September 29.
PERSONNEL COMMITTEE MEETING
McCrea moved, Awada seconded, a motion to hold a meeting of the Personnel Committee on October
15, 1992, at 3:00 p.m. at the Municipal Center. Aye: 5 Nay: 0
EVALUATION
Councilmember Pawlenty suggested exploring the possibility of employing a company that will evaluate
whether the City's organization is "right - sized" and whether it is operating in an efficient manner. After
discussion, it was recommended that not only the general organizational structure be evaluated but also its
functions, such as, parks, parks maintenance, etc.
Pawlenty moved, Awada seconded, a motion directing staff to develop preliminary information and cost
figures for retaining an organization or service that will provide an evaluation of the City's staffing, structuring,
and functional needs. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated August 31, 1992, in the amount
of $798,547.90 and the checklist dated September 15, 1992, in the amount of $955,371.61. Aye: 5 Nay: 0
ADJOURNMENT
The City Council adjourned the regular meeting at 10:10 p.m.
CITY OF EAGAN
E. JIVanOverbeke
City Clerk
4"
If you need these muua s in an aUematr +e form such as 1mr pm4 bra&4 mI tgpy atG, please contact the City
of EWw; 3830 Pilot Knob Road Eagan, MN 55122 (612) 681 -4600, (TDD phone: (612) 454.8535).
O i L- ..44J
LIST OF PLUMBERS FOR APPROVAL SEPTZXBER 17, 1992
1. BURNSVILLE ELECTRIC
2. GROTH WATER & SEWER
3. LEVASSEUR PLUMBING
4. MARK'S PLUMBING
5. MID -CITY MECHANICAL
6. MINNESOTA PLUMBING & HEATING
7. PETERSON PLUMBING
S. SWANSON PLUMBING & HEATING, INC.
9. TWIN CITY LINDSAY, INC.
10. WIDMER, INC.
L man Lumber Company
the professional builder's
supply center
300 MORSE AVENUE • MAILING ADDRESS. P.O. BOX 40
THOMAS P. LOWE
President
September 17, 1992
• EXCELSIOR, MINNESOTA 55331
Dale Runkle
Director of Community Development
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Dale:
• TELEPHONE (612) 474 -0844
FAX (612) 470 -3610
JAMES E. HURD
Executive Vice President
Due to some survey irregularities, etc., the plat of Weston
Hills is still in the possession of the Dakota County Surveyor's
office awaiting its final plat checking approval.
Since it would appear impossible to obtain the plat checking
approval, get mylars made, obtain signatures from the Denver fee
owners and have the plat of record by September 21, 1992, wd
respectfully request a 60 day extension to filing deadline.
Thank you for your cooperation in advance.
C..__ er T ��. � ]R I
l.
A- �6e ph yan
A ssistant Vice President
STR /ja
RICHARD IFFERT
AURELIA PETERSON
LYNN PRAZAK
CAROL RICHTER
MARY JANE LAROCK
ROSEMARY TEAFORD
KARON FACTOR
ROBERT MILLER
JEANNE KOEHLER
PHYLLIS MANTHEY
JEAN HARMON
GROVER BELULE
UST OF JUDGES FOR APPROVAL
O
STATE PRIMARY ELECTION
SEPTEMBER 1S, 1992
DEMOCRAT
REPUBLICAN
SHARON SCHOELLER
MARIE OVERBY
ANN OURADNIK
'VELYN COTA
VIRGINIA ZEI1Z
BARB EDGERTON
ACKIE PLOTT
ELAINE JONES
ROSE VIMR
SHARON BRUCE
SARA TIDRICK
TERRI BERKNESS
PAT KAEDER
JULIANN KELLER
MILDRED HARTLEBEN
HELEN KENNEDY
JACK LATTEN
AURELIA POPPLER
WILLIAM GUELCHER
STELLA LUNDQUIST
ELEANOR KEEGAN
BARBARA SHIELDS
HELEN OLSON
BOB VOGEL
LEO AMUNDSON
ROBERTA SMITH
TRACY JONES
MARY KELLNER
NANCY SEVERSON
MARILYN LEGLER
IRENE WACHTLER
VMAN DATE
JUDY HAWLEY
RUTH TWOMEY
ARHTUR PAULSON
KAREN FLOOD
DONN KIRCHGATTER
GLORIA PAULSON
IRENE KREIDBERG
ORLEAN GARNESS
KAY GRABNER
JUNE KETCHAM
GARY DODGE
CLARENCE HANSON
CAROLVENIA RICHARDSON
SHARON ORTH
FLORENCE HANSON
KAY KOLEHMAINEN
ROBERT ZIMMERMAN
EVELYN OTTERNESS
MARK OLSON
ELIZABETH BASSETT
ANN THOMAS
NEAL BLACK
JIM KENNEDY
MICHELLE DICK
JEREMY YARWOOD
JIM DECH
ARLENE LEIBEL
BONNIE TRANBY
JUDY SAIMA
SHARON ASTLEFORD
MARIE LANE
ETHOL GROFF
OLIVER MCCULLOCH
SHIRLEY KLANG
STEPHEN OLSON
SANDRA NELSON
KAY DODGE
LYLE SEVERSON
JANET SCHUETZE
JOAN BOHLIG
LINDA BUCHANAN
SUE OLSON
TERRY MESTNIK
MARILYN PORTER
ANNE SULLIVAN
JEAN KIMBER
ELEANOR GRIMMER
ELEANOR BRUCE
CAROLEE JONES
PAULINE LEGENDRE
iEILA SHAY
NITA SWAN
_,NGIE FLYNN
KIM EDSON
BARBARA SCHREINER
KAY URTZ
LORRAINE RIEGER
LAURA BASBALLE
CAROL SUE CRUZ
LUCY THOMPSON
JACK SWAN
MARTI ANN GUETZLAFF
SUSAN KRETZMANN
JANICE BELIEAU
LUCIA JOHNSON
JOANN GEORGE
YVONNE KRISNIK
KAREN UECKER
ALYCE BOLKE
GLORIA CZYCALLA
DICK BEATTY
NONA DAVIS
MAUREEN PREBELICH
TOM PEDERSON
JAN GIEFER
MARGE JACOBS
BERNADINE GOESS
JENNY BAKER
FRANK HAMERNIK
WILLIAM SKAR
JAMES KLASEUS
DON HANSEN
JIM DRISCOLL
PAUL YOUNGNER
DOROTHY PETERSON
SHARON LINDHOLM
BEATRICE COOPER
CAROL VIHOVDE
PAMELA HOCHHALTER
SONYA LARSON
HELEN JARVI
NORMA WADE
MARILYN HOLM
PHYLLIS LIGMAN
KAREN DARE
CHERYL OSCARSON
JUDY MUNDAHL
JANICE PARKER
CHARLOTTE O'DONNELL
DIANN ENGLE
VICKIE JABBRA
MARY HANSEN
CAROLYN THURSTON
EVELYN LISS
JUNE NELSON
NANCY JARVI
MARIE DESLAURIER
EMILY MEDIN
EDITH DRAKE
CATHY BROST
• 'kREN RAINFORD
BARB NUTTALL
AN COFFEY
BARB LINERT
JUDY PETERSON
ADELINE BUEHLER
MARY TESKE
NANCY HAMMEL
LOIS AGRIMSON
MICHELLE SKINDELIEN
IONA RAY
ALICE KREITZ
FLORENCE MULLEN
HELEN GERTEN
BEVERLY ZAINE
PATTI BENJAMIN
CYNTHIA VOELKE
GLADYS BYRNES
RICHARD IFFERT
AURELIA PETERSON
LYNN PRAZAK
CAROL RICHTER
MARY JANE LAROCK
ROSEMARY TEAFORD
KARON FACTOR
ROBERT MILLER
JEANNE KOEHLER
PHYLLIS MANTHEY
JEAN HARMON
GROVER BELULE