05/05/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
May 5, 1992
A regular meeting of the Eagan City Council was held on Tuesday, May 5,1992, 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.
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Pawlenty moved, McCrea seconded, a motion to approve the agenda for the May 5, 1992, regular City
Council meeting as presented noting that two Consent Items would be requested for continuance when they are
addressed. Aye: 5 Nay: 0
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Wachter moved, Pawlenty seconded, a motion to approve the minutes of the April 21, 1992, regular City
Council meeting as presented. Aye: 5 Nay: 0
T'RES t�ER�'IF'�CA'TE
Kris Hageman, the City of Eagan's Recycling Coordinator, made brief remarks regarding the City's
recycling programs and then presented the Mayor and City Council with a plaque that had been given to Eagan
by the Dakota County Board in recognition of the City's efforts in residential recycling.
PRQCT.A1tiATI N ,BRA"` YQIYKE 1?AY Mir 1sKI';TgAIC,L
Mayor Egan read a proclamation declaring May 6, 1992, as Bret Yonke Day in the City of Eagan. The
proclamation recognized Mr. Yonke and his contribution to a positive community image for the City and its high
school. Mr. Yonke and members of his family were present and the proclamation with accepted with his thanks.
McCrea moved, Wachter seconded, a motion approving a resolution recognizing Bret Yonke as Mr.
Basketball 1992 and proclaiming May 6, 1992, to be Bret Yonke Day in the City of Eagan. Aye: 5 Nay: 0
Councilmember Pawlenty referred to a Police Department report which discussed the sale of cigarettes
to minors. The Councilmember suggested the Police begin citing those establishments in violation of the law.
Councilmember Pawlenty also suggested that staff undertake a study of whether or not the City of Eagan
should go from a City Administrator to a City Manager form of government. Councilmember Wachter said
he would like to know the pros and cons of such a move as well as any advantages to the City. It was noted that
a change of this type would be decided by referendum.
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City Administrator Hedges noted that Item I, Ratification of Meghan's Addition Denial Resolution; and
Item J, Resolution /Application for Minnesota Lawful Gambling Premises Permit, Dakota County Humane
Society, LaFonda's were recommended for continuance to the June 2, 1992, and May 20, 1992, regular City
Council meetings, respectively.
Page 2 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
A. Personnel Items
Item 1. Seasonal Utility Maintenance Workers - -It was recommended that the hiring of Paul Christensen,
Timothy Manko, and Peter Slanga as seasonal utility maintenance workers be approved.
Item 2. Seasonal Park Maintenance Workers - -It was recommended that the hiring of Jill Preuninger,
Matt Freeland and Brian Trotter as seasonal park maintenance workers and Heather Rougier as a seasonal park
attendant be approved.
B. Plumbers Licenses
It was recommended that the Plumbers Licenses be approved as presented in Exhibit A.
C. Proclamation, B -Bop to Work Day. May 19, 1992
It was recommended that a resolution declaring May 19, 1992, as B -Bop to Work Day in the City of
Eagan be approved. R -92.28
D. License, Cijzarette for Tobak Shack, Cedarvale Shopping Center
It was recommended that a cigarette license for Tobak Shack located at Cedarvale Shopping Center be
approved as presented.
E. Declare Surplus Property for Public Auction on May 30. 1992
It was recommended that the surplus property list for the City's public auction to be held at 9:30 a.m.
on May 30, 1992, be approved with the understanding that the proceeds from thirteen donated bicycles be
allocated to the Eagan Police Explorer program.
F. Consideration of UNISYS Park Special Assessment Reallocations
It was recommended that the UNISYS Park special assessment reallocations be approved.
G. Consideration of Resolution Calling, General Obligation Improvement Bonds of 1982 for Redemption
It was recommended that the resolution calling the general obligation improvement bonds of 1982 for
redemption be approved. I R -92.29
H. Receive Bids /Award Contract, Tractor, Parks & Recreation Department
It was recommended that the bids be received and the contract for the utility tractor be awarded to
Carlson Tractor for Model #4630 in amount of $30,744 with the extended warranty for $960.00.
I. Ratification. Meg_han's Addition Denial Resolution
It was recommended that ratification of the Meghan's Addition denial resolution be continued to the
June 2, 1992, regular City Council meeting.
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May 5, 1992
J. Resolution /Application for Minnesota Lawful Gambling Premises Permit, Dakota County Humane
Socie , . La Fonda's
It was recommended that a resolution to permit the Minnesota Valley Humane Society to conduct
charitable gambling operations on the LaFonda's De Los Lobos premises be continued to the May 20, 1992,
regular City Council meeting.
K Consider Authorization to Proceed with Bids for a Large Capacity Mower. Parks and Recreation
Department
It was recommended that a reallocation of resources provided for in the 1992 budget for capital
equipment to permit the acquisition of a second high capacity rotary mower in lieu of the previously approved
equipment be approved as identified.
L. Consider Authorization to Proceed with Purchase of a Bauer Compressor. Fire Department
It was recommended that authorization to proceed with the purchase of a Bauer compressor by the Fire
Department be approved and a $4,148 increase authorized in the equipment certificate funding.
M. License. Tree Contractor for Davey Tree Comnanv
It was recommended that the tree contractor license for Davey Tree Company be approved as presented.
N. Final Plat, Wexford Addition
It was recommended that the final plat for the Wexford Addition be approved as presented.
R -92.30
O. Stipulation of Settlement Stertz vs City of Eagan: Marstad vs City of Eagan
It was recommended that the stipulation of settlement in the matters of Stertz vs City of Eagan and
Marstad vs City of Eagan be approved as presented. R -92.31
P. Proclamation for National Public Works Week
It was recommended that May 17 -23, 1992, be proclaimed as National Public Works Week with an
official kick -off Open House /Dedication of the City's new Water Filtration Treatment and Central Services
Maintenance facilities on May 16 and the Mayor and City Clerk authorized to execute said proclamation.
R -92.32
Q. Contract 91 -01. Change Order #1 (T.H. 149 & Opperman Drive)
It was recommended that Change Order #1 to Contract 91 -01 be approved and the Mayor and City
Clerk authorized to execute all related documents.
R. Expenditures for Emergengy Repair Work (Yankee Doodle Road Reservoir
It was recommended that the expenditure of public funds for the emergency work for the damage
associated with the recent overflow of the Yankee Doodle Reservoir be approved.
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May 5, 1992
S. Final Plat. Deerwood Ponds
It was recommended that the final plat for Deerwood Ponds be approved as presented.
McCrea moved, Wachter seconded, a motion to approve the Consent Agenda with the continuance of
Items I and J. Aye: 5 Nay: 0 R -92.33
VACATION /OUTLOT D, KNOB HILL OF EAGAN
Mayor Egan introduced this item as a Vacation of Drainage & Utility Easements for Outlot D, Knob
Hill of Eagan Addition. The developer was present.
Wachter moved, Awada seconded, a motion to close the public hearing and approve the vacation of
drainage and utility easements over Outlot D, Knob Hill of Eagan Addition, as described and authorized its
recording at Dakota County only with the simultaneous recording of the Deerwood Ponds final plat. Aye: 5
Nay: 0
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PARKING PERMIT / EAGAN HIGH SCHOOL
Mayor Egan introduced this item as a petition regarding on- street parking at Eagan High School. City
Administrator Hedges provided background and said that the City Council, upon receipt of a petition from the
residents, directed staff to study the various options available to correct the problem.
Director of Public Works Colbert said that the area of impact had been studied, and staff had reduced
the number of signs they are recommending to control the parking. He said he and Chief of Police Geagan
believe the most effective way to handle the situation is a parking by permit only system whereby permits would
be issued by the Police Department to affected homeowners. There is always the concern, however, that students
will only move down the street into unposted areas.
Jim Williams, 4172 Reading, thanked the City Council for their efforts and said he was glad to see the
School District had agreed to participate in the cost.
The Council, while pleased the issue was being brought to a conclusion, still found it unfortunate that
money must be spent on signs and enforcement only because students are not allowed to park in the high school
parking lot.
Awada moved, Egan seconded, a motion to approve the implementation of a permit parking system in
the Stafford Place neighborhood adjacent to the Eagan High School with the understanding that the costs will
be shared by School District #196 and the City, with the City's 50% to consist of labor and equipment and ISD
196's 50% to consist of the materials. Aye: 4 Nay: 1 (Wachter)
SENECA DEVELOPMENT AGREEMENT AMENDMENT
Mayor Egan introduced this item as the Execution of an Amendment to the Seneca Plant Development
Agreement. City Administrator Hedges provided a history of the agreement and then residents, Bea Blomquist
and Betty Bassett briefly expressed their support for the agreement and their thanks for the efforts of the City
Page 5 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
Council and the Wuthering Heights neighborhood. Harold Vogt, representing the Metropolitan Waste Control
Commission, was present to answer any questions.
Wachter moved, McCrea seconded, a motion to approve the first amendment to the Seneca Plant
Development Agreement as presented and directed its execution. Aye: 5 Nay: 0
DAKOTA ALLIANCE FOR PREVENTION NOMINATION
Mayor Egan introduced this item as a nomination for the Dakota Alliance for Prevention. After some
discussion as to the appropriateness of the City Council suggesting candidates for the Alliance, it was decided
that the names of two .or three candidates would be forwarded to DAP for their consideration.
After the first ballot, McCrea moved, Wachter seconded, a motion to nominate Margie Hogan, David
Griffm, and Mary Kurchinka as a community representative for consideration by the Dakota County Board of
Commissioners for the Dakota Alliance for Prevention. Aye: 5 Nay: 0
All nominees will be contacted regarding the City Council action.
COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING
PRELIMINARY PLAT /GREAT OAKS ADDITION
Mayor Egan introduced this item as a comprehensive guide plan amendment, Great Oaks
Addition /Robert Engstrom Companies, changing the land use from D -III (Mixed Residential, 6 -12 Units /Acre)
to D -1 (Single Family), a rezoning of approximately 17 acres from R -4 within The Woodlands North Planned
Development to R -1 (Single Family), and a preliminary plat consisting of 29 lots located west of Elrene Road
in the NE 1/4 of Section 14. City Administrator Hedges noted that a public hearing was held before the
Advisory Planning Commission at their March 24 meeting and they had recommended approval. The issue came
before the City Council at their April 9 meeting, however, because of questions regarding several of the
conditions of plat approval, including the future of Trails End Road, the item was continued. A neighborhood
meeting was held April 23. Director of Community Development Runkle reviewed the application and said
Robert Engstrom Companies is proposing to vacate the east 30' of Trails End Road right -of -way; however, not
all neighbors are in agreement with that proposal as it presently stands. Mr. Engstrom was available to answer
questions.
Wendell Widstrom, 3560 Trails End Road, objected to any changes in Trails End Road and asked that
the item be continued for two weeks. Director of Community Development Runkle attempted to reassure Mr.
Widstrom that even if the easterly 30' of the 60' of dedicated right of way were vacated, access and maintenance
of the existing road would remain as it is now.
Ken Greene, 3555 Trails End Road, was concerned that if the easterly 30' of the Trails End Road right -
of -way were vacated, it would not be a "legal" right -of -way. Director of Public Works Colbert said the remaining
30' covering the existing roadway would be adequate for its present use but would not if the property were
subdivided. Mr. Greene asked what would happen if the Hesse's asked for a vacation of the westerly 30' of right -
of -way? It was noted by the City Council, that as long as Trails End Road were the only access to the Greene
and Widstrom properties, such a request would not be considered. Carol Hesse questioned at what point they
could request a vacation of Trails End Road. Director of Public Works Colbert said that if alternate accesses
are eventually provided to the Greene and Widstrom properties, the Hesse's could petition for the vacation and
go through a public hearing process.
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May 5, 1992
Mr. Widstrom then said that if the southern cul de sac in Great Oaks were extended further south, he
would have no objection to the development. Mr. Engstrom said his company was willing to look at such a
layout and plat that portion of the development as an outlot so it could be explored further with Mr. Widstrom.
Discussion then turned to the 16" trunk water main through the Great Oaks development and where
it would cross properties owned by the Greene's, the Hesse's, or the Widstrom's. Director of Public Works
Colbert explained that the alignment and location are not known at this time but would be compatible with the
development of those properties.
Steve Bryant, representing West Publishing, said that West owns the property to the east of the Great
Oaks development and wished it noted that they do intend to develop the property at sometime in the future.
After additional discussion, Pawlenty moved, McCrea seconded, a motion to approve a comprehensive
guide plan amendment for Great Oaks Addition /Robert Engstrom Companies from D -III (Mixed Residential)
to D -I (Single Family). Aye: 5 Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve a rezoning of approximately 17 acres from
PD R -4 (Multiple Residential) to R -1 (Single - Family). Aye: 5 Nay: 0
Pawlenty moved, McCrea seconded, a motion to approve a preliminary plat consisting of 29 lots located
west of Elrene Road in the NE 1/4 of Section 14 and subject to the following amended conditions:
1. These standard conditions of plat approval as adopted by Council action on July 19, 1990, shall
be complied with:
Al, B1, B2, B3, B4, Cl, C2, C3, C5, D1, El, Fl, Gl, and Hl
2. A copy of the homeowners' association incorporation, bylaws, and covenants shall be submitted
to the City Attorney prior to final plat application and recorded with the plat at Dakota County.
3. A variance of 30' to the width of lot access for Lots 20, 21, 28, and 29, Block 1, shall be
approved.
4. Concept plans for house pads and grading necessary for Lots 6 and 7, Block 1, and the cul -de-
sac serving these lots shall be submitted for staff review prior to final plat application.
5. Tree preservation shall be achieved with a physical barrier prior to any site grading. Tree
preservation areas shall be shown on the final grading plan.
6. Boulevard trees shall be allowed 7' from the back of the curb.
7. Outlot A shall become part of adjacent lots in the PD R -2 property to the north when Phase
II is platted.
8. Pond JP -14, which will be located in the east central portion of the site, shall provide 0.2 acre
feet of pond storage volume, a maximum discharge rate of 1 cfs, a minimum surface area of
0.13 acres and a minimum wet pond volume of 0.31 acre feet.
9. Pond JP -14.1, which will be located in the center of the site, will require a pond storage volume
of 1.9 acre feet, a maximum discharge rate of 3 cfs, a minimum surface acreage of 0.3 acres and
a minimum wet pond volume of 0.8 acre feet.
Page 7 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
10. The proposed grading plan for Lots 29 and 30 and Great Oaks Court in the northwest corner
of the site needs to be revised to provide a wet storage volume of 2.0 acre feet and a pond
storage volume of 3.2 acre feet for Pond EP -2.3.
11. If necessary to improve fire protection and looping of the water distribution system to serve this
site, the water main on the west end of the development shall be extended to connect to the
existing 8" water main in Woodland Trail to the south or to the existing 8" water main in Trails
End Road to the north.
12. Platting of the lots along the west side of this development will require the vacation of the east
half right -of -way or the upgrading of Trails End Road to current City standards along the entire
westerly edge of the development.
13. The plat and street lay out plan shall be revised at the northwest comer of the site to allow the
design on Lots 28, 29, and 30 and Great Oaks Court to meet City standards.
14. The platting of Lots 29 and 30 in the northwest comer of the site shall extend to the north to
the future south line of the proposed duplex lots of Woodland North.
15. The development is required to provide a pond easement across proposed Lots 29 and 30 for
Pond EP -2.3.
16. Since sewer, water and improved street access are not proposed to Lot 24, it is required to be
platted as an outlot.
17. The normal water level of Pond JP -14.1 should be set to protect the existing trees to the
greatest extent possible along the east edge of the pond.
18. The development is required to clear all ponding areas of trees below the normal water level
of the pond.
Aye: 5 Nay. 0 R-92.34
NITTI DISPOSAL /CONDITIONAL USE PERMIT
Mayor Egan introduced this item as a Conditional Use Permit, for Nitti Disposal, Inc., to allow outdoor
storage in an LI (Light Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park located west of
Highway 13, north of Yankee Doodle Road in the SE 1/4 of Section 8. City Administrator Hedges provided
background on the application.
Councilmember Awada asked what had been worked out with the applicant concerning the upgrading
of the parking lot. Director of Community Development Runkle said that a time frame had not been addressed
but the parking lot is to be upgraded at sometime in the future.
Russ Schweihs, of Nitti Disposal, noted that the run -off contamination from their operation is very
minimal as these are recyclables not garbage. He said that erecting a structure to store recyclables is of concern
to his company because of the high costs. Mr. Schweihs suggested a tarp on each of the bins to cover the
materials and explained how they would work. He pointed out that recycling materials were not on site longer
than 48 hours.
Page 8 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
Councilmember Awada expressed concerns that requiring a structure would discourage recycling and
this business. She said a compromise was needed and suggested a six month temporary permit. She said after
that time the use of the tarps could be evaluated and a decision made as to their effectiveness at that time.
Councilmember McCrea said she was willing to support Councilmember Awada but would like to look at the
financial statements of the company.
In answer to a question, City Attorney Sheldon said a conditional use permit would be adequate for this
purpose but it would be necessary to narrowly define the permit through conditions. He said a hearing could
be provided for and held at the end of a specific time frame at which time it would be determined whether or
not conditions had been met. In addition, Mr. Schweihs said their financial statements would be delivered to
Mr. Runkle and that the length of time necessary to construct the parking lot would also be determined.
Awada moved, Pam McCrea seconded, a motion to approve the preparation of documents to be
presented to the City Council as a Consent Item for ratification at the May 20, 1992, regular City Council
meeting for a temporary, six-month conditional use permit for Nitti Disposal for outdoor storage in an LI (Light
Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park, with the inclusion of conditions relating
to: 1) the presentation of the Company's financial statements, 2) the enclosure of recycling bins by spool -
operated tarps, and 3) the clarification of Condition 11 relating to the date by which resurfacing of the parking
lot shall occur. Aye: 4 Nay: 1 (Wachter)
Because he did not believe it was appropriate for Nitti Disposal to have operated within the City without
approval, Councilmember Wachter voted against the motion.
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ORDINANCE AMENDMENT /OTHER BUSINESS REGULATION & LICENSING
Mayor Egan introduced this item as an ordinance amendment for the City of Eagan, to the City Code,
Chapter 6, Other Business Regulation and Licensing, by amending Section 6.37 regarding Garbage, Refuse, and
Recycling Haulers.
Pawlenty moved, Wachter seconded, a motion to approve an ordinance amendment to Eagan City Code,
Section 6.37 regarding Garbage, Refuse and Recycling Haulers as presented. Aye: 5 Nay: 0
ORDINANCE AMENDMENT /PUBLIC PROTECTION, CRIMES & OFFENSES
Mayor Egan introduced this item as an ordinance amendment for the City of Eagan, to the City Code,
Chapter 10, Public Protection, Crimes and Offenses, by amending Section 10.01, regarding Storage, Deposit and
Disposal of Refuse.
Wachter moved, Awada seconded, a motion to approve an amendment of the Eagan City Code, Section
10.01 regarding Storage, Deposit and Disposal of Refuse as presented. Aye: 5 Nay: 0
ORDINANCE AMENDMENT /FLOOD PLAIN REGULATIONS
Mayor Egan introduced this item as an ordinance amendment for the City of Eagan, to the City Code,
Chapter 13, Platting, regarding Flood Plain Regulations.
McCrea moved, Wachter seconded, a motion to approve the City Code amendment to Chapter 13
regarding flood plain regulations. Aye: 5 Nay: 0
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May 5, 1992
ORDINANCE AMENDMENTS /CODIFICATION
Mayor Egan introduced this item as the codification of ordinance amendments.
Awada moved, McCrea seconded, a motion to approve ordinances numbers 139 -141 and to approve
codification of ordinances 120 -141 excluding numbers 127 and 128. Aye: 5 Nay: 0
FRONT SETBACK VARIANCE /HOSFORD 1ST ADDITION
Mayor Egan introduced this item as a variance for John & Karen Hosford, of 12' to the front setback
of 40' along Deerwood Drive, located at Lot 4, Block 1, Hosford 1st Addition.
Director of Community Development Runkle presented the application and noted that the Hosford's
were present to answer any questions. The City Council was familiar with the heavily wooded property and its
difficult topography.
McCrea moved, Wachter seconded, a motion to approve a variance of 12' to the required 40' setback
along Deerwood Drive because of the topography and tree preservation, for John and Karen Hosford for
property at Lot 4, Block 1, Hosford 1st Addition and subject to the following conditions:
No other variances shall be granted for this lot.
2. All applicable City ordinances.
Aye: 5 Nay: 0
SPECIAL USE PERMIT /SMITTY'S TENT SALE
Mayor Egan introduced this item as a Special Use Permit for Marvin Smith & Son, Inc., to allow a tent
sale, located at 3380 Highway 149.
Scott Smith, owner of Smitty's, asked for a change in the dates the tent can be put up and when it must
be taken down. The actual sale would not be extended. Director of Community Development Runkle said staff
did not object to a change in the dates as long as the conditions of approval remained specific.
McCrea moved, Wachter seconded, a motion to approve a special use permit for Marvin Smith & Son,
Inc., to allow a tent sale located at 3380 Highway 149 and subject to the following conditions:
1. The special use permit is valid from June 11 -13, 1992, only.
2. Tent set -up shall not take place prior to June 4, 1992.
3. The tent will be removed no later than June 15, 1992.
4. All applicable City ordinances.
SPECIAL USE PERMIT /MINNESOTA VALLEY EXCHANGE CLUB
Mayor Egan introduced this item as a Special Use Permit for Minnesota Valley Exchange Club, to allow
a one -day hot dog and pop sale at the Cub Food Store, located in the SW 1/4 of Section 29. Director of
Page 10 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
Community Development Runkle advised the Council that all proceeds from the sale would go to the Robert
B. Lewis House.
Bob Lane, President of the Exchange Club, was present and asked that the fee for the application be
waived. Councilmember McCrea said that while the Council would like to waive the fee for charitable
organizations, there are administrative costs associated with the applications that must be offset at least partially
by such fees.
McCrea moved, Wachter seconded, a motion to approve a special use permit for the Minnesota Valley
Exchange Club to allow a one -day hot dog and pop sale at the Cub Food Store located in the SW 1/4 of Section
29 and subject to the following conditions:
1. The permit is valid May 16, 1992 or June 6, 1992, as a rain day only..
2. Equipment will not be set up prior to May 16, 1992, and must be removed no later than May
17, 1992.
3. The sales operation, including customers, will not be located in any drive aisle or designated
parking area.
4. All applicable City ordinances.
Aye: 5 Nay: 0
INTERIM USE PERMIT /JAMES BARKER
Mayor Egan introduced this item as an Interim Use Permit for James Barker, to allow horses in an R -1
(Single Family) District located on Parcel 010 -83 along the east side of Thomas Lake Road, north of Cliff Road
in the SE 1/4 of Section 28. City Administrator Hedges advised the Council that the assessment agreements
associated with this application are to be recorded with the County. The applicant, James Barker, was present
to answer any questions.
McCrea moved, Awada seconded, a motion to approve an interim use permit for James M. Barker for
property located at 4550 Thomas Lake Road to permit the keeping of horses in a single family district and
subject to the following conditions:
1. This permit shall expire 10 years after the date of approval.
2. The permit holder shall prevent any surface water runoff from animal holding areas on the
premises from reaching either Thomas Lake or the City's storm sewer system.
3. This permit shall be reviewed annually.
4. A limit of five horses.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT /EAGAN AUTO MALL PARTNERSHIP
Mayor Egan introduced this item as a Conditional Use Permit for the Eagan Auto Mall Partnership,
to allow an automobile service station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town
Page 11 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
Centre 70 Sixth Addition located along Town Centre Drive in the NW 1/4 of Section 15. Director of Community
Development Runkle explained the application and noted a concern of the Advisory Planning Commission
dealing with outside storage. He said the applicants have agreed to permit no outside storage and to store all
vehicles inside. Mr. Runkle said that objections to the application had been received from Federal Land
Company.
Doug Sailor, Midwest Management, was present to answer questions and said their company had agreed
and would conform to all conditions.
Charles Bartholdi, representing Federal Land Company, voiced his company's opposition to the permit.
He said ABRA's application was for a body shop and body shops belong in industrially zoned areas. Mr.
Bartholdi noted the City Code definitions of "auto repair major" and "auto repair minor," and said he did not
believe body shops were allowed in the Auto Mall. Additionally, he was concerned that since Conditional Use
Permits run with the land, the next tenant may not be as neat and clean or high -tech as ABRA. Mr. Bartholdi
said that when the Eagan Auto Mall was established, ABRA was only to do estimating at this location. Nothing
is in writing, however, as Federal Land believed they could rely on the City Code's definition of what would be
permitted in a CSC (Community Shopping Center) district.
Steve Smith, Mermaid Car Wash, said ABRA had been a good neighbor and he was in favor of the
application as long as all cars were stored inside.
In answer to a question, City Attorney Sheldon said the City Code does not define or make provision
for an service station as a permitted use. He said it would be up to City Council to interpret whether ABRA's
proposal would be the same or similar to an auto service center.
Mr. Sailor said ABRA was a quality tenant and noted that the majority of the work performed at this
location would be under $1000. In addition, he wished to point out that while the conditional use permit runs
with the land, so do the conditions of approval. Mr. Sailor said that all shops in the auto mall are automotive
in nature thereby limiting the number of tenants that can be attracted to the center. Councilmember McCrea
asked where cars were to be stored and Mr. Sailor said that when the cars are ready to be picked up they will
be parked in the employee parking area. If they are to remain overnight, they will be stored inside at their
facility or with one of the other tenants with whom they have an agreement.
Mayor Egan said the auto mall location is another of the City's gateways and this use may jeopardize
some of the other businesses in the area. He also expressed concerns that because the permit runs with the land
that ABRA's successor may not share the same philosophy and the City may be left with an undesirable tenant.
Councilmember Wachter pointed out that the City Council had made an agreement with the neighboring
property owners at the outset of the mall that this type of use would not be permitted. He said he could not
justify changing his vote now. Mayor Egan said approving a business devoted to major auto repair would signal
a major change in the type of tenants permitted in the auto mall.
After additional discussion, Wachter moved, Awada seconded, a motion to deny a conditional use permit
to allow an automobile service station in a CSC (Community Shopping Center) district on Lot 1, Block 1, Town
Centre 70 Sixth Addition. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENTS /CRAY RESEARCH
Mayor Egan introduced this item as Planned Development Amendments for Cray Research, eliminating
approximately 21 acres from the Laukka Beck Planned Development and adding it to the Cray Research Planned
Development located north of Lone Oak Road in the South 1/2 of Section 1.
Page 12 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
Mayor Egan raised several questions relative to the future development and expansion of the Cray
Research property. Ron Zamansky, counsel for Cray Research, indicated that while they have no immediate
plans, the quality will be in keeping with Cray Research's existing campus.
Wachter moved, Pawlenty seconded, a motion to approve planned development agreements for Cray
Research, transferring approximately 21 acres from the Laukka -Beck Planned Development and adding it to the
Cray Research Planned Development located north of Lone Oak Road in the S 1/2 of Section 1. Aye: 5 Nay:
0 R -92.35
ADA COORDINATOR /GRIEVANCE POLICY
Mayor Egan introduced this item as the appointment of an Americans with Disabilities Act Coordinator
and approval of the grievance policy.
Wachter moved, Egan seconded, a motion to designate Assistant to the City Administrator Holly Duffy
as the ADA Coordinator and to approve the City's ADA Grievance Procedure as presented. Aye: 5 Nay. 0
TRAILER PERMITS /MARVIN FRITZ AND DOUG ISAACSON
Mayor Egan introduced this item as trailer permits for Marvin Fritz and Doug Isaacson denied by
Council action August 6, 1991. City Administrator Hedges indicated that staff was seeking direction regarding
enforcement of the denial motion at the August 6, 1991, City Council meeting. He said Mr. Fritz and Mr.
Isaacson had been given until April 30, 1992, to comply with the order to remove the trailers, however, neither
had done so.
While the Council appreciated the circumstances of the applicants, they agreed both had been given
ample opportunity to make other arrangements. The City Administrator was directed to begin appropriate legal
proceedings.
CONTRACT 91- 10/WELL #16
Mayor Egan introduced this item as Contract 91 -10, Change Order No. 1, Well #16 - Raw Water
Transmission Line.
McCrea moved, Wachter seconded, a motion to approve Change Order No. 1 to Contract 91 -10 (Well
#16 - Raw Water Transmission Main) and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay: 0
ov
CEDARVALE STUDY
Director of Community Development Runkle provided a brief update on the Cedarvale Study. It was
noted that while the City is very supportive of efforts in that area, the major effort must come from the
Cedarvale businesses. Mr. Runkle said that two issues will be coming up dealing with signage and access and
once costs for improvements are determined, fmancing can be explored.
Page 13 /EAGAN CITY COUNCIL MINUTES
May 5, 1992
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated May 15, 1992, in the amount
of $523,285.42. Aye: 5 Nay: 0
ADJOURNMENT
The regular City Council meeting of May 5, 1992, was adjourned at 10:48 p.m.
CITY OF EAGAN
E. VanOverbeke
Ci lerk
0