04/05/1993 - City Council Regular
[S)
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
April 5, 1993
A regular meeting of the Eagan City Council was held on Tuesday, April 5, 1993, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also
present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director
of Public Works Tom Colbert, and City Attorney Mike Dougherty.
Wachter moved, Hunter seconded, a motion to approve the agenda for the April 5,_ 1993, regular City
Council meeting as presented. Aye: 5 Nay: 0
Awada moved, Wachter seconded, a motion to approve the minutes of the March 16, 1993, regular City
Council meeting as presented. Aye: 5 Nay: 0
Awada moved, Egan seconded, a motion to approve the minutes of the March 16, 1993, special City
Council meeting as presented. Aye: 5 Nay: 0
Awada moved, Wachter seconded, a motion to approve the minutes of the March 2, 1993, special City
Council meeting as presented. Aye: 5 Nay: 0
Wachter moved, Awada seconded, a motion to approve the minutes of the March 22, 1993, special City
Council meeting as presented. Aye: 5 Nay: 0
Mayor Egan introduced this item as a proclamation for German American Partnership Program Day.
Fifteen German exchange students and several teachers and advisers were welcomed to the City of Eagan and
a meeting of the Eagan City Council. Mayor Egan read the proposed proclamation and Wachter moved, Masin
seconded, a motion proclaiming April 5, 1993, as German American Partnership Program Day in the City of
Eagan. Aye: 5 Nay: 0
PUBLIC WORKS DEPARTMENT/PIEKARSKI CLAIM FOR REIMBURSEMENT
Mayor Egan introduced this item as T.H. 55 North Frontage Road maintenance claim for
reimbursement, Stan Piekarski. City Administrator Hedges provided brief background information on this item
and it was noted that while Mr. Piekarski had been notified of the meeting, he was not in the audience.
Councilmember Wachter indicated there was a long history behind Mr. Piekarski's request but after the Public
Works Committee had met recently with him, the Councilmember had thought the issue settled. At this point
it was suggested that further discussion and any action be delayed until later in the meeting in the event Mr.
Piekarski would be present.
Awada moved, Wachter seconded, a motion to continue further consideration of Stan Piekarski's request
for reimbursement for claimed maintenance of T.H. 55 North Frontage Road to Item C of Old Business. Aye:
5 Nay: 0
PAGE 2/EAGAN CITY COUNCIL MINUTES
April 5, 1993
Discussion took place regarding the proposed recreational facility and whether the consultant hired to
work with the City on this project is versed in the construction of pools as well as arenas. City Administrator
Hedges advised that he believed the consulting company was equipped to handle both components; however,
would pass along the Council's concerns to Director of Parks & Recreation Vraa. In addition, Councilmember
Hunter asked whether the arena showers and locker rooms could also be used to meet State requirements for
pool showers, etc. That question will also be researched further.
A. Personnel Items
Item 1. Assistant Utility Billing Clerk--It was recommended that the hiring of Tracy Patrick as the
Assistant Utility Billing Clerk for the Finance Department be ratified.
Item 2. Landscape Architect/Park Planner--It was recommended that the hiring of C. J. Lilly as the
Landscape Architect/Park Planner for the Parks & Recreation Department be approved.
Item 3. Seasonal Summer Program Assistant--It was recommended that the hiring of Dan Schultz as
seasonal summer program assistant to Recreation Supervisor Nowariak be approved.
Item 4. Seasonal Parks Maintenance Workers--It was recommended that the hiring of Duane Barton,
Amy Eddy, Michael Marxer, Timothy Spencer and Joseph Wilcox as seasonal parks maintenance workers be
approved.
Item 5. Seasonal Assistant Weed Inspector--It was recommended that LeRoy Berg be hired as the
seasonal assistant weed inspector.
Item 6. Seasonal Park Attendants--It was recommended that the hiring of Raymond Sperl and Kristi
Thompson as seasonal park attendants be approved.
Item 7. Seasonal Ballfield Attendants--It was recommended that the hiring of Manotham Bounnak,
Jason Forde, Amy Hampton, Andrew Hendrickson and Wayne Leseman as seasonal ballfield attendants be
approved.
Item 8. Seasonal Extended Maintenance Workers--It was recommended that the hiring of Jason
Schwamb and Brian Trotter as extended seasonal maintenance workers be approved.
Item 9. Seasonal Engineering Aides--It was recommended that the hiring of Heather Rougier, Tadd
Ulrich and Clark Wicklund as seasonal engineering aides be approved.
Item 10. Seasonal Utility Maintenance Worker--It was recommended that the hiring of Edward
Vaillancourt, Jr. as a seasonal utility maintenance worker be approved.
Item 11. Maintenance Collective Bargaining Agreement--It was recommended that the 1993/1994
collective bargaining agreement for Teamsters Local 320, maintenance bargaining unit be approved.
Item 12. Resignation/CSO/Police Department--It was recommended that the letter of resignation from
Khamtanh Don Siouthai be accepted.
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April 5, 1993
B. Licenses. Plumbers
It was recommended that the plumbers licenses for 1) Butler Plumbing, Inc., 2) Forcier Plumbing, Inc.,
3) Parsons Plumbing and Heating, and 4) Polar Plumbing be approved.
C. Proclamation. Days of Remembrance of the Victims of the Holocaust. April 18 -25. 1993
It was recommended that the April 18 - 25, 1993, be proclaimed as Days of Remembrance of the
Victims of the Holocaust in the City of Eagan. R-93.14
D. Final Plat. Lexington Pointe Eighth Addition
It was recommended that the final plat for Lexington Pointe Eighth Addition be approved as presented.
E. Final Plat. Park Center Third Addition R-93.15
It was recommended that the final plat for Park Center Third Addition be approved as presented.
F. Final Plat. Stevens Addition R-93.16
It was recommended that the final plat for Stevens Addition be approved as presented.
R-93.17
G. Final Plat. Lexington Pointe Ninth Addition
It was recommended that the final plat for Lexington Pointe Ninth Addition be approved as presented.
R-93.18
H. Consider Wetlands Impact Analysis and Mitigation Plan for Diffley Road Reconstruction
It was recommended that the filling of up to .25 acres of the fringe wetland associated with City storm
water pond JP-27 be approved and the use of the newly created storm water detention pond JP-26.2 be approved
as a replacement for the wetland area to be filled in conjunction with the Diffley Road reconstruction project.
I. License. Bingo. Valley Viewers 4-H Club. Fourth of July Celebration
It was recommended that the resolution authorizing the exemption from lawful gambling license for
Valley Viewers 4-H Club be approved. R-93.19
J. SBA Grant for Landscaping Materials & Installation for Municipal Center Site
It was recommended that the SBA grant for landscape material and labor at the Municipal Center site
be approved and the contract amount for Friedges Landscaping be approved in the amount of $10,000 to be
matched by $5,000 from the City.
K. ISTEA Grant for Trailway Connections
It was recommended that the application to MnDOT for Federal cost sharing of trails development and
enhancements in the Minnesota River Valley be approved under the Federal ISTEA Program and the submission
of a similar application be approved under the Metropolitan Council Surface Transportation Program when such
funding becomes available.
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April 5, 1993
L. Estimate. Recreation Facility Project
It was recommended that the hiring of the firm, Arena Construction Consultants, be approved at a cost
not to exceed $5,000 for the work associated with site development, schematic plan development, value
engineering and cost estimating for the proposed recreational facility for the City of Eagan.
M. Resolution Approving Sale Notice for 1993 Refunding Issues and 1993 Equipment Certificates
It was recommended that a resolution approving the sale notice for the 1993 equipment certificates and
1993 refunding issues be approved. cn file with
lxrd sale
N. Resolution Designating Additional Municipal State Aid Mileage/Routes
It was recommended that a resolution designating additional Municipal State Aid mileage/routes be
approved and the Mayor and City Clerk authorized to execute all related documents. R-93.20
0. Contract 93-07. Approve Plans/Authorize Advertisement for Bids (Wenzel Addition - Streets &
Utilities)
It was recommended that the plans for Contract 93-07 (Wenzel Addition - Streets & Utilities) be
approved and the advertisement for bid opening authorized to be held at 10:30 a.m. on Friday, April 30, 1993.
P. Contract 93-05. Receive Bids/Award Contract (Lexington Avenue Storm Sewer Lift Station)
It was recommended that the bids for Contract 93-05 (Lexington Avenue Storm Lift Station) be received
and the contract awarded to the lowest responsible bidder.
Q. Ratification. Dakota County HRA Agreement. Regarding HUD Financing of Senior Housing Second
Phase
It was recommended that an agreement between the City of Eagan and the Dakota County HRA be
ratified regarding HUD financing of the senior housing second phase as presented.
R. Adopt Agreement. Empire Organic Gardens/SMC for Temporary Use of City Compost Site
It was recommended that a letter of agreement be adopted as presented between the City of Eagan and
Empire Organic Gardens/SMC for the temporary use of the City compost site.
S. Contract 86-RR. Acknowledge Completion/Authorize City Maintenance (Wilderness Ponds Addition
- Streets and Utilities)
It was recommended that the completion of Contract 86-RR (Wilderness Ponds Addition - Streets and
Utilities) be acknowledged and perpetual maintenance responsibilities assumed.
T. Change Order. Contract/Metro Fire for Fire Pumper Truck Equipment
It was recommended that the quotation in the amount of $14,868 as a change order for the fire pumper
truck be approved to Metro Fire Inc., a subsidiary of General Safety Company.
PAGE 5/EAGAN CITY COUNCIL MINUTES
April 5, 1993
U. Consideration of Construction Management Approach/Municipal Center/Police Administration
It was recommended that the use of a construction manager be approved and staff directed to prepare
an RFP for selection of a construction management group for the City Hall/Police expansion project.
Hunter moved, Awada seconded, a motion to approve the Consent Agenda as presented.
Aye: 5 Nay: 0 for all items except Item D, Final Plat, Lexington Pointe Eighth Addition and Item
G, Final Plat, Lexington Pointe Ninth Addition, where the vote was Aye: 4 Nay. 1 (Wachter). Councilmember
Wachter did not vote in favor of the Lexington Pointe final plats because he had voted in opposition when each
received preliminary plat approval.
There were no public hearings.
SHORELAND ZONING ORDINANCE AMENDMENT
Mayor Egan introduced this item as an Amendment to the Shoreland Zoning Ordinance, City Code
Chapter 11.21. City Administrator Hedges provided a brief history of the amendment. In addition, he advised
that the ordinance is lengthy and to publish it in the legal newspaper would be cost prohibitive. It is, therefore,
the recommendation of the City Attorney to publish a Notice of Publication, or an abbreviated version of the
ordinance. The Notice of Publication would include the notation that the complete ordinance is available
through the City offices upon request.
Wachter moved, Awada seconded, a motion to approve an amendment to City Code Chapter 11.21
covering the shoreland zoning ordinance. Aye: 5 Nay. 0
Wachter moved, Awada seconded, a motion to approve a resolution to approve and adopt a program
to update non-conforming sewage treatment systems. Aye: 5 Nay: 0
Wachter moved, Masin seconded, a motion to adopt a recommendation to publish a Notice of
Publication, an abbreviated version of the amended ordinance. Aye: 5 Nay: 0 R-93.21
WAIVER OF PLAT/BUFFER HILLS ADDITION
Mayor Egan introduced this item as a waiver of plat for a duplex lot split for Don Christenson, located
on Lot 6, Block 1, Buffer Hills Addition, in the SW 1/4 of Section 15. City Administrator Hedges apprised the
audience of the history of this item and stated that it had been continued to permit compilation of the costs
associated with providing separate utility services to each side of the property. Acting Director of Community
Development Hohenstein stated that in researching the as-built locations, it was discovered that the structure
was built within a previously dedicated utility easement. He said staff was recommending that a public hearing
be set to vacate this easement and that it be reconveyed as a private utility cross easement.
Director of Public Works Colbert indicated that there is presently a single set of sewer and water
services entering the property which then split off at the building foundation to serve each half of the property.
He said City staff had been asked to research what it would cost to bring the utility services up to City standards,
and two alternatives were offered with costs of approximately $2,500 and $3,500. He also pointed out that
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April 5, 1993
additional savings would be available if the utility lines were run at an angle from the street to the connection.
Mr. Colbert then addressed the easement vacation along the south property line.
Don Christenson, the applicant, stated that he would prefer the second option (Exhibit A). In addition,
Mr. Christenson asked if the public hearing for the easement vacation could be moved up to the April 20
meeting. City Attorney Mike Dougherty stated that with signed waivers from the property owners, the public
hearing could be noticed and held at the April 20 regular City Council meeting.
Wachter moved, Awada seconded, a motion to approve a waiver of plat for a duplex lot split for Don
Christenson, located on Lot 6, Block 1, Buffer Hills Addition, and subject to the following conditions:
R-J93.22
1. Each unit shall be served by separate utility services.
2. All applicable City Code requirements.
Aye: 5 Nay: 0
Wachter moved, Masin seconded, a motion to schedule a public hearing for April 20, 1993, for the
vacation of a utility easement on Lot 6, Block 1, Buffer Hills Addition. Aye: 5 Nay: 0
PIEKARSKI CLAIM FOR REIMBURSEMENT
Mayor Egan introduced this item as T.H. 55 North Fronage Road maintenance claim for reimbursement
(Piekarski). Stan Piekarski, the claimant, was present.
Councilmember Wachter indicated that the Public Works Committee had agreed to upgrade the road
and then either maintain or enter into an agreement with Mr. Piekarski to maintain this frontage road. When
Mr. Piekarski questioned whether there would be any reimbursement for his 20+ years of maintaining the road,
the Councilmember stated that the upgrade and future maintenance would be the reimbursement.
Councilmember Awada suggested that if the cost to the City would be less if Mr. Piekarski maintained
the road, the City should enter into an agreement with him for that service. While concerns were expressed
about the precedent such action would set, it was also noted that the amount of taxes paid by Mr. Piekarski for
snow removal services would be closer to $40 or $50 per year as opposed to the $200 per year Mr. Piekarski was
claiming for reimbursement. Councilmember Masin said she would be willing to consider a lesser amount for
Mr. Piekarski's claim for previous maintenance of the frontage road; however, there was no additional support
for that action.
After further discussion, Wachter moved, Hunter seconded, a motion to: 1) approve Alternate #4, the
installation of Class V and double sealcoat on the T.H. 55 north frontage road, 2) approve routine maintenance
of the frontage road by City crews, and 3) deny the claim for previous T.H. 55 north frontage road maintenance
as submitted by Mr. Piekarski. Aye: 5 Nay. 0
SIDEYARD SETBACK VARIANCE/BRIDLE RIDGE ADDITION
Mayor Egan introduced this item as a variance for J. Joseph Construction, of 3' to the required 5'
sideyard setback for Lot 11, Block 7, Bridle Ridge Addition, located in the NW 1/4 of Section 24. Acting
Director of Community Development Hohenstein described the variance and noted that if the variance is
approved, it should be conditioned upon the applicant petitioning and successfully receiving a vacation of that
PAGE 7/EAGAN CITY COUNCIL MINUTES
April 5, 1993
easement prior to construction. Mr. Hohenstein stated that the applicant had not demonstrated hardship to
warrant the variance.
Kathy Buske, the property owner, said that J. Joseph Construction had indicated that the proposed
location is the only place the addition could go.
In answer to a question from Councilmember Wachter, Acting Director of Community Development
Hohenstein stated that the neighbor is at the minimum setback, therefore, this encroachment would place the
structures approximately T from each other. After additional discussion, Councilmember Awada suggested the
item be continued and stated she would be willing to look at the site to see what alternatives, if any, were
available.
Wachter moved, Masin seconded, a motion to continue to the April 20, 1993, regular City Council
meeting, a variance for J. Joseph Construction of 3' to the required 5' sideyard setback for Lot 11, Block 7,
Bridle Ridge Addition. Aye: 4 Nay: 1 (Hunter)
CONDITIONAL USE PERMIT/QUE VIET ON-SALE LIQUOR
Mayor Egan introduced this item as a conditional use permit for Yuri Duc Bui/DBA Que Viet, to allow
on-sale liquor, 3.2 beer or wine in a CSC (Community Shopping Center) district on Lot 3, Block 1, Town Centre
100 Sixth Addition, located along the south side of Town Centre Drive east of Denmark Avenue in the NW 1/4
of Section 15. Acting Director of Community Development Hohenstein described the application and its
location. Yuri Duc Bui was present to answer any questions.
Hunter moved, Egan seconded, a motion to approve a conditional use permit for Yuri Duc Bui/DBA
Que Viet, to allow on-sale liquor, 3.2 beer or wine in a CSC (Community Shopping Center) district in Town
Centre Shoppes as presented subject to the following conditions:
1. This conditional use permit shall be recorded with Dakota County within 60 days of approval and
proof of such recording submitted to the City.
2. All applicable City Codes.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT
SIGNAL POINT ADDITION
Mayor Egan introduced this item as a comprehensive guide plan amendment for the Signal Point
Addition/Signal Bank, changing the land use of approximately 8.1 acres from LB (Limited Business) to D-I
(Single Family Residential, 0-3 units/acre), a rezoning of approximately 8.1 acres from LB (Limited Business)
within the Knob Hill Planned Development to R-1 (Single Family) and a preliminary plat consisting of 13 lots
located along the west side of Knob Drive in the SE 1/4 of Section 21. City Administrator Hedges reviewed the
history of this property and noted that the Advisory Planning Commission had considered this issue in two parts,
recommending approval of the northern six lots in Block 2 and making no recommendation for the southern
seven lots in Block 1 because of a 3-3 vote to deny. Acting Director of Community Development Hohenstein
then described the application and its location.
Director of Public Works Colbert drew Council's attention to Knob Point (Signal Point), the cul de sac
serving the northern lots. He stated that when the property was originally platted, Knob Point was platted as
a private cul de sac. However, if the cul de sac is to become a public street as a part of this development,
PAGE 8/EAGAN CITY COUNCIL MINUTES
April 5, 1993
Condition #11 states that the proposed Signal Point (Knob Point) shall be centered within the 50' right of way.
Because this action would require reconstruction to provide the standard setbacks, Mr. Colbert stated the
alternative would be for the development to retain the cul de sac as a private street subject to private
maintenance.
Mayor Egan asked a question regarding the rationale behind the two separate actions of the Advisory
Planning Commission. Acting Director of Community Development Hohenstein stated that the APC had
recognized the difference in land uses between the six lots to the north and the seven lots to the south. He
indicated that the APC considered the northern lots to be compatible with the neighboring properties but
expressed concerns about the proximity of the southern lots to existing commercial properties as well as the
proposed commercial, i.e., the funeral home and dental office.
Howard Kyllo, representing Robert Engstrom Properties, indicated he had nothing to add except they
believed the land uses to be compatible in the southern portion of the property as well as the northern. A
question arose regarding "cut through" traffic from Diffley Road to Pilot Knob Road and Mr. Kyllo indicated
it was not considered significant.
In addition, Mr. Kyllo said if there were concerns about the marketability of the lots, they have a waiting
list for their purchase. Councilmember Wachter asked whether the developer intended to reconstruct the cul
de sac and Mr. Kyllo stated that they favored retaining it as a private road; however, that decision would be
made between now and final plat. Mayor Egan asked whether it was essential for the southern lots to receive
approval for the project to go forward. Mr. Kyllo said no and for that reason had asked they be addressed
separately.
Mayor Egan stated that often decisions are market driven and the proposed land use may be
appropriate, commercial to residential, because the property to date has not sold. Councilmember Awada said
in keeping with her desire to downzone properties in the City, she was not opposed to the southern half of the
property developing as single-family especially with the low use commercial adjacent to it. Councilmember
Wachter indicated he would have preferred that the southern lots were wider; however, Mr. Kyllo noted the lots
would accommodate a 70' house.
After further discussion, Wachter moved, Hunter seconded, a motion to approve a comprehensive guide
plan amendment changing the land use of Block 1 and Block 2, Signal Point, from LB (Limited Business) to D-I
(Single Family) located on the Signal Point (Knob Point) cul de sac and along the west side of Knob Drive. Aye:
5 Nay: 0
Awada moved, Wachter seconded, a motion to approve a rezoning of Block 1 and Block 2, Signal Point
from LB (Limited Business) within the Knob Hill Planned Development to R-I (Single Family) located on the
Signal Point (Knob Point) cul de sac and along the west side of Knob Drive. Aye: 5 Nay: 0
Wachter moved, Awada seconded, a motion to approve a preliminary plat consisting Lots 1-7, Block 1,
and Lots 1-6, Block 2, Signal Point, located on the Signal Point (Knob Point) cul de sac and along the west side
of Knob Drive and subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al,B1,B2,B3,C1,C2,C3,DI,El,Fl,G1,andHi
2. Front yard setback on Block 1 shall be a minimum of 45'.
PAGE 9/EAGAN CITY COUNCIL MINUTES
April 5, 1993
3. Lot 6, Block 2, shall take its access from Signal Point (formerly Knob Point).
4. Before Signal Point (formerly Knob Point) is accepted as a publicly-maintained street, the boulevards
shall be graded at a 2% slope behind the curb.
5. Storm water runoff from the existing dental office property and Lot 7 of Block 1 shall be collected
and conveyed by a storm sewer system to Pond BP-27.
6. Before Signal Point is accepted as a publicly-maintained street, the developer shall submit testing
results to verify that the street was constructed to City standards.
7. This development shall obtain permanent easements for the proposed storm sewer line that drains
Lot 7 of Block 1 and the existing dental office property.
8. City Code requires'a 60' right-of-way dedication for proposed Signal Point.
9. The existing roadway for proposed Signal Point shall be centered in the newly-dedicated right-of-way.
10. If Signal Point develops as a private cul de sac, the homeowner association documents shall be
submitted to the City for review.
R-93.23
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT/CONDITIONAL USE PERMIT
DUCKWOOD CROSSINGS
Mayor Egan introduced this item as planned development amendment for Four Crown Inc/dba Wendy's,
to allow a Class II Restaurant in the Duckwood Crossings Planned Development and a conditional use permit
for a pylon sign on Lot 1, Block 2, Duckwood Crossings, located along the west side of Pilot Knob Road south
of Crestridge Drive in the SW 1/4 of Section 16. City Administrator Hedges indicated that this item had been
before the Advisory Planning Commission at their February meeting; however, it was continued because of
driveway access concerns. Mr. Hedges stated that those concerns were addressed and at their March meeting,
the APC had recommended approval. Acting Director of Community Development Hohenstein described the
application and its location. Wally Klus, representing the applicant, was present to answer any questions.
Council agreed that Kelly Doran's (Doran Management Company) March 19, 1993, letter explained the
rationale to locate the Wendy's restaurant on this site very well. A copy of that letter is included as Exhibit B.
After brief discussion regarding the traffic flow, Awada moved, Wachter seconded, a motion to approve
a planned development amendment for Crown Inc/dba Wendy's to allow a Class II restaurant in the Duckwood
Crossings Planned Development subject to the following conditions:
1. A planned development agreement amendment shall be executed.
2. The trash/recycling containers shall be attached to the building per the site plan.
3. The landscape plan shall conform to the overall Planned Development landscape plan.
4. An irrigation system shall be installed for all green areas.
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April 5, 1993
5. An overall sign exhibit shall be submitted as an attachment to the Planned Development Amendment
indicating: 1) building-mounted signs depicting size of letters, colors, and location; 2) directional signs, height,
location, and color; and 3) the location of the pylon sign.
6. The development is required to maintain a 50-foot buffer zone above the HWL of Pond JP-3.
7. The grading plan shall be revised to provide a maximum slope of 2 to 1.
8. Drainage from this development shall connect to the existing 12" storm sewer stub provided from
Crestridge Drive.
9. The sanitary sewer service line from the 8" sanitary sewer line in Pilot Knob Road to the proposed
building shall include a manhole at the right-of-way line of Pilot Knob Road.
10. If grading is performed by this developer on the adjacent property, written permission will need to
be obtained prior to grading permit issuances.
11. Screening of rooftop mechanical equipment is required.
Aye: 5 Nay: 0
Awada moved, Hunter seconded, a motion to approve a conditional use permit for a pylon sign on Lot
1, Block 2, Duckwood Crossings, located along the west side of Pilot Knob Road south of Crestridge Drive as
presented and subject to the following conditions:
1. The pylon sign conditional use permit shall be recorded with Dakota County within 60 days of City
Council action with documentation provided to the City.
2. All signs shall be subject to a one-time sign fee of $2.50/sq.ft.
Aye: 5 Nay: 0
PRELIMINARY PLAT/DIFFLEY COMMONS 2ND ADDITION
Mayor Egan introduced this item as a preliminary plat for Diffley Commons 2nd Addition/The Rottlund
Company, consisting of 192 units on approximately 29.3 acres previously-zoned to allow multi-family housing
located along the north side of Diffley Road east of Beaver Dam Road in the SW 1/4 of Section 20. City
Administrator Hedges advised that this item had been before the Advisory Planning Commission at their
February meeting; however, after concerns were raised, the item was continued to the March 23 meeting.
Modifications were made to the plan and the APC is now recommending approval. Acting Director of
Community Development Hohenstein described the application and its location.
Director of Public Works Colbert then addressed the applicant's request for street width variances
throughout the development. Mr. Colbert indicated that street widths are established by the number of
residences served by the private drives and those street widths apply to the entire length of the street. He went
on to say that permitting variances to occur would result in a "telescoping" of the internal streets.
Don Jensen, the Rottlund Company, described the homes intended for Diffley Commons and the market
they will serve. Mr. Jensen said the minutes of the March 23, 1993, Advisory Planning Commission meeting
indicate that he stated "that none of the units would be closer than 50 feet from the north property line." He
pointed out, however, that one atrium home is 40' from the property line but still exceeds the 30' standard. As
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April 5, 1993
to the variance requests, Mr. Jensen said Rottlund Company is hoping to minimize the amount of paved surface
within the development. In almost every instance, the requirement for wider streets is triggered by only one or
two units. Mr. Jensen reported that Rottlund Company is planning to preliminary plat the entire parcel with
a final plat for the northern section planned for the near future and a final plat for the remainder planned for
next year.
He then asked for further discussion on Condition #13 relating to a watermain connection with the
development of Kathryn Circle. He said there are two routes available for connection to that watermain stub
with one being through the wooded area south of the pond and the other along the northern end of the pond
and along the east property line. Their first preference would be the removal of Condition #13; however,
barring that possibility, they would prefer the latter. Director of Public Works Colbert responded that the owner
of this property chose the stub location and it has been City policy for each property owner to be responsible
for bringing services to the property boundaries. He concurred with looping the connection along the northern
end of the pond and then along the property boundaries and suggested the developer work with neighboring
homeowners who may provide easements across their back yards in order to minimize any tree damage.
Councilmember Awada asked whether the variances for the interior streets were appropriate even
though they are not what the City would prefer. Councilmember Wachter indicated he understood what the
developer was trying to do but said if the City Council allowed the width to vary along the same street, it would
be expected with every development. He said Condition #12 should remain. Director of Public Works Colbert
provided an explanation of present City policy. He related that the Developers Task Force had addressed the
issue of street widths in order to minimize the number of requests for variance; present City requirements are
a result of those meetings.
Councilmember Masin said she had walked the site and asked Mr. Jensen if Rottlund Company planned
to level the property. Mr. Jensen advised that it would be a gradual "stepping down;" however, admitted that
the type of buildings proposed do require a level property. He said they would preserve the rolling character
of the property and would use significant landscaping as they had in other phases of the development.
Councilmember Awada suggested a workshop addressing the physical characteristics of development property
such as the trees, landscaping, terrain, etc.
Dennis Castle, a 20-year resident of 1835 Jade Lane, said he would like to have the existing homeowners'
concerns addressed. He said he would prefer more of a transition between the existing homes and the proposed
two and one-half story townhouse villas. He agreed that turning the buildings and reducing the density would
help but indicated he would prefer an atrium model rather than a villa model behind his property. In closing,
Mr. Castle said that more of his neighbors would have been present; however, they didn't believe it would do
any good.
Mr. Jensen advised that Rottlund Company did change some of the buildings in the development to
atrium homes but indicated it would not make sense to continue with atrium homes along the north side of the
property just because the neighbors believe they would be more cost compatible with their homes. He said
Rottlund would prefer to use the terrain as a guideline for what building should be placed where. He added that
the villa homes are 100' structure to structure from the homes on the northern property line. Mr. Castle replied
that he is only trying to protect the value of his property and said the atrium homes are very different from the
vast expanse of the villa homes. He asked that the developer just switch the atrium homes from the interior of
the property to the exterior area.
Mayor Egan and Councilmember Wachter asked Mr. Jensen if there was any possibility of switching the
two models. Mr. Jensen indicated they have massaged the plan about as far as they can go. Mayor Egan
commented that those neighbors who stayed at home because it "doesn't do any good" should be aware that the
City Council trys very hard to address the neighbors' concerns but the neighbors expectations must also be
PAGE 12/EAGAN CITY COUNCIL MINUTES
April 5, 1993
reasonable. Councilmember Hunter, who lives in the area of the proposed development, added that while he
wished the Council could do more, the developer has the right to develop the property.
After brief additional discussion, Awada moved, Hunter seconded, a motion to approve a preliminary
plat consisting of 192 units on approximately 293 acres previously-zoned to allow multi-family housing located
along the north side of Diffley Road east of Beaver Dam Road in the SW 1/4 of Sec 20, subject to the following
conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al, B1, B2, B3, B4, C1, C2, C4, D1, El, F1, G1, and H1
2. A final landscape plan shall be prepared on the grading plan and Wesley Isaac, 4073 Cinnabar Drive,
Eagan, shall receive a copy of this landscape plan.
3. The project shall have an underground irrigation system.
4. All plant materials shall meet City minimum standards.
5. All trash/recycle containers shall be stored within individual garages until day of common pick up.
6. A homeowners' association shall be formed and declaration of covenants shall be provided to the
City prior to final plat.
7. A variance of 140' to the 500' maximum cul de sac length shall be approved for North Ruby Court.
8. The developer will be required to submit detailed plans and specifications of the retaining wall
construction for City review prior to final grading plan approval.
9. The developer is required to petition the City to construct the storm sewe routlet for Pond AP-4
prior to final plat approval or include the pond outlet construction as a part of the development's final plat
construction documents.
10. The development is required to provide a water quality treatment pond with a surface area of 0.4
acres at the NWL, a wet pond volume of 1.25 acre feet and an average depth of 3.1 feet to treat the area before
discharge to Pond AP-4.
11. The development shall provde additional right of way for Diffley Road as required by Dakota
County.
12. The private streets shall be constructed to City standards as outlined in the City Code.
13. This development is responsible for all costs associated with connection to the existing watermain
as provided with the development of Kathryn Circle.
Aye: 5 Nay: 0
Awada moved, Hunter seconded a motion to deny variances for the road widths of the private streets
within the Diffley Commons 2nd Addition. Aye: 5 Nay: 0
PAGE 13/EAGAN CITY COUNCIL MINUTES
April 5, 1993
Mr. Jensen said the Rottlund Company would work with residents regarding the landscaping plan and
add any additional plant material to screen the height of the townhouse buildings from the neighbors. He added
that they will do their best to minimize damage to existing trees but they could not guarantee there would be
no damage. Councilmember Awada asked that they make a good faith effort and that Mr. Castle be contacted
when a final landscape plan is prepared.
CONVENTION & VISITORS BUREAU CONCEPT
Mayor Egan introduced this item as the recommendation of the Economic Development Commission
regarding concept approval of the Eagan hospitality industry's request for a Convention and Visitors Bureau.
City Administrator Hedges stated that the item had been reviewed by the Economic Development Commission
and they had approved in concept the Northern Dakota County Chambers of Commerce recommendation. Mr.
Hedges further stated that if the City Council gave concept approval, the EDC would work out the details. He
said that the recommendation was fairly well stated at the EDC meeting that the hotel industry needs the "tax"
to be competitive. Tim Dunn, Yankee Square Inn, was present to answer any questions.
Mayor Egan said that if Eagan is to take advantage of its proximity to the Mall of America, it must be
competitive and this is one way to do it. Councilmember Masin asked Mr. Dunn what the difference would be
between this arrangement and the hotel industry "taxing" itself. Mr. Dunn said the primary disadvantage to
forming a private consortium would be if one hotel decided not to participate. The lack of participation would
cause a breakdown of what they are attempting to accomplish.
Hunter moved, Wachter seconded, a motion to approve a recommendation by the Economic
Development Commission to approve the Convention and Visitors Bureau concept for further development by
staff and the Commission. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
Wachter moved, Hunter seconded, a motion to schedule a special meeting of the Eagan City Council
for April 20, 1993, at 5:00 p.m. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated March 16, 1993, in the amount
of $727,332.36 and the checklist dated April 2, 1993, in the amount of $659,187.98. Aye: 5 Nay: 0
ADJOURNMENT
The regular meeting of the Eagan City Council adjourned at approximately 10:05 p.m. Aye: 5 Nay:
0
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If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 6814600 (TDD phone: (612) 454-8535).
LOT 6 BLOCK 1
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----CRESTRIDGE COURT
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Doran
Management •
'ompany, Inc.
March 19. 1993
his. Shearson 'Tyree
Project Planner
3830 Hot Knob Road
Ea;ut, Minnesota 55122-1897
Re:Wendy's site on Pilot Knob Road 1 Duekwood Crossing's
Dear Shannon,
As we discussed in our recent mcxting,1 am writing to provide background information on
the above site that you and Jon Hohenatein thought might be use ul for the purposes of the
Planning Commission and the City Council.
As you know back in 19X9. the original developer requested dial-the City' approve a PUD
for the above property. 't'his plan called for a Holiday Gas Station on the north end, a
2-1,000 sq. 11. strip center on the site currently being developed by C'hin's and a Class I
restaurant of 6500 sq. lt. and 165 seats on the above site. Other than the Holiday Station.
this project never went forward.
In early 1992, Millar and Schroeder Financial ("M 1cr"), the original lender to the
developer obtained title to the property though for closure. Miller than hired my company
to salt the remaining land lh mid-1992, we agreed to sell the site oiinjnalt - planned for the
strip center to Chai's for the construction of a 2) 7 scat Clan I nxtauwanl. Prior to agreeing
to this sale we tried very hard to put the ChM's on the southern (W1 ndy's) site. Chili's
completed several site plans, but because of the dimensions and the topography of the site,
it was not possible to put their facility on this site and thus we movsd them to the larger
strip center site.
Since, I have been marketing this site, I had smarty discussions with rurtaurrtnis such as
Chili's, Appleby's, Perkins, Red Lobster and others, but the common problem was that
none of these could physically- At at the property. Every major sit-down restaurant
operating to&ty requires a minimum seating of 200 watts and with that number of seats and
the associated parking, it is i tpo"tble to fit a Cons I n staurant on his site.
I do not L caw how the previous developer thought he could build a restaurant as large as
6500 sq. It with only 165 - 170 scats. The previously asubsnitwd site plan also showed the
buildup on the very southcrnly part of the lot, which would, because the site has a grade
change of nearly 30 feet, have required a rctait:ting wall of over twenty sect in height. This
REAL ESTATE BROKERAGE • MANAGDMC k O JStJL.T1NC
5905 Ewing Avenue So. • Edina,1 155110 • Phone & Fax (612) OZ.=
Page two:
Wend}'s / Duckwvood Crossings:
=Aai;vng wall would be vety unsightly from the properties on the south and west aids: of the
pond and from along Pilot Knob Road as you bead nordi. It would also create a much
more negatiti'e impact on the vegetation and slopes going down tm-ads the pond. I have
had people tell me that maybe the restaurant could be built with a lower Jcwl that would
have views over the pond, but very few nxtawutts operate succeattiilly with two kvcls and
this design would also materially add to the parking required on this small and difficult site.
As we discussed, the bottom line is that this site will not work for a Clara I restaurant acid it
never will. Since we were able to put The Mass I facility (Chili's) to the north. we feel that
this silt muss have a %inallcr building with a loess inwmsiw parting user than -was prV%,iuu*h.
proposed. We appreciate everyone on the City stalpa time and we hops that the Planning
Conunission and Council will approve this project.
sincerely.
Do Company
Retly
Presideat
cC: Kenneth Norwich
Wally Klllti