06/16/1987 - City Council Regular
00241,
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 16, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
June 16, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and
Ellison. In addition, City Administrator Tom Hedges, Public Works
Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers
Mark Hanson and Bob Rosene, and City Attorney Paul Hauge were
present.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as
presented. All voted yes.
MINUTES
June 2, 1987 - Regular Council Meeting. Ellison moved, Wachter
seconded the motion to approve the minutes as distributed. All
voted yea.
May 27, 1987 - Special Council Meeting. Smith moved, Ellison
seconded the motion to approve the minutes as presented. All voted
in favor.
May 28, 1987 - Special Meeting Minutes. Wachter moved, Egan
seconded the motion to approve the minutes. All voted N.
affirmatively.
ANNUAL FINANCIAL REPORT
City Administrator Tom Hedges introduced Director of Finance
Gene VanOverbeke who indicated that copies of the 1986 City of Eagan
Annual Financial Report had been distributed to City Council members
and a copy is available at the Dakota County Library as well as the
Eagan City Hall. Mr. VanOverbeke in turn introduced John Lilja of
Deloitte, Haskins & Sells, the City Auditors, who made a brief
presentation and thanked the finance staff for its assistance and
preparation of the report. Egan moved, Wachter seconded the motion
to accept and approve the 1986 Annual Financial Report as presented.
All councilmembers voted yes.
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June 16, 1987 0,242
VOLUNTEER FIRE DEPARTMENT
1. Fire Inspectors. The City staff recommended that two part-
time fire inspectors be authorized by the City Council because of
the increase that is required in fire inspection services. Fire
Chief Southorn, Chief Building Inspector Doug Reid and Assistant
Fire Chief Dick Schindeldecker were present and Mr. Reid recommended
additional part-time persons for specific inspections, including
after-business hour inspections. After review, Wachter moved, Egan
seconded the motion to approve the authorization of two part-time
fire inspectors for the remainder of 1987. All voted yes.
2. Woodridge Apartment Complex Fire. Fire Chief Southorn
reported on the Woodridge Apartment complex fire at 3255 Coachman
Road that took place on Sunday, June 14, 1987-. He noted that the
fire had spread from the second and third floors after the alarm
sounded, around 6:00 p.m. and up to 50 or 60 apartments were
damaged. No residents were injured and mutual fire aid assistance
was given by volunteer fire departments for Inver Grove Heights,
Mendota Heights, Burnsville, Bloomington, Apple Valley, Rosemount
and later from Richfield and Lakeville. There were 25 major
firefighting apparatus on the site with about 175 firefighters. 15
Eagan firefighters were transferred to the hospital and 3 from Inver
Grove Heights, all being released. There were six ambulance
services and police patrolmen from several surrounding units,
including Eagan. It was the consensus of the State Fire Marshall's
office, Volunteer Fire Department and Eagan Police Department, that
the fire was started by spontaneous combustion from a container of
charcoal stored on a 2nd floor balcony and not from an active
charcoal grill.
Mayor Blomquist noted that questions had arisen whether an
Ordinance should be adopted controlling barbecue grills and
flammable substances on apartment balconies. Councilman Egan warned
of enforcement concerns and it was suggested the League of Cities be
contacted. Councilman Smith had concerns about possible defective
fire walls and Mr. Reid stated that the building code requirements
will be reviewed in that respect. The Mayor thanked the Volunteer
Fire Department, Police Department and the other departments that
aided in fighting the fire. Mayor Blomquist then moved to direct
the staff to work with the League of Minnesota Cities and State
Legislators to consider appropriate legislation, ordinances and
revisions to the Uniform Building Code regarding flammable
substances, including charcoal burners in apartment complexes and
also to review the fire wall requirements in apartment buildings.
Egan seconded the motion with an update to be presented at the next
regular meeting. All members voted in favor.
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June 16, 1987 00243
BRUTGER COMPANY
Representative Wally Johnson of Brutger Company was present on
behalf of the owner/developer of the Woodridge Apartment complex and
thanked the Volunteer Fire Department and Eagan Police Department
members and all others that participated in assisting during and
after the fire disaster. He noted that the developer intends to
rebuild and reopen within about two to two and one-half months.
Councilman Wachter recommended that fire alarms be installed outside
of the apartment buildings to reduce potential hazards.
PARK CLIFF 2ND ADDITION - PROJECT #506
Public Works Director Tom Colbert presented a feasibility report
for Project #506 consisting of proposed storm sewer improvements in
Park Cliff 2nd Addition in order to alleviate a back yard drainage
and erosion problem that had been presented by affected owners. He
noted that the cost estimate is $17,000.00 to extend the storm sewer
through the ravine area and that the estimated cost for partial
storm sewer and boulders in the balance of the ravine area on a
modified basis, would be $13,000.00. 46 lots are potentially
affected in the drainage area, which would provide for a $372.00
assessment per lot for the complete storm sewer project and $281.00
for the modified system. Councilmembers suggested-that assessments
be levied on a per lot basis and that the entire project be
installed. Several residents were present with questions. Egan
moved, Wachter seconded the motion that the staff be directed to
include the above proposals in the report and to accept the
feasibility report including those provisions with a public hearing
to be scheduled on July 21, 1987 at 7:00 p.m. at the Eagan Municipal
Center. All members voted yea.
EAGAN OUTSIDE WATER SPRINKLING BAN
Mr. Colbert reviewed the current status of the outside
sprinkling ban in the City and noted that on June 5, 1987 an
evaluation of the amount of storage in the Eagan water reservoirs
took place with a total sprinkling ban for the following weekend and
alternate days thereafter through July 15, was proposed at that
time. On Sunday, June 14, 1987 there was a temporary power shortage
causing two pumps to shut off, and later the fire on June 14 created
additional water shortages. A total emergency outdoor sprinkling
ban was declared on the evening of June 16, 1987 and all media were
contacted. In addition, staff covered the entire City to warn
violators and issue citations. There were questions from the
audience concerning the water ban, and no official action was taken.
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June 16, 1987 '0C 244
At about 10:00 p.m., Mr. Colbert announced that the recent
report indicated that the reservoirs are now refilling
satisfactorily and he announced that owners would be permitted to
sprinkle new sod areas within the City.
CONSENT AGENDA
The following consent agenda items were submitted and it was
recommended that they be approved:
1. Personnel Items.
a. Assistant Chief Building Official. It was recommended
that Steve Hanson be hired as the Assistant Chief Building official.
b. Construction Analyst. There was a recommendation that
the council authorize the advertisement for a new Construction
Analyst with Steve Hanson being hired as the Assistant Chief
Building Official.
c. Recreation Program Aid. It was recommended the Council
acknowledge that Mary McKelvey will not become a recreation program
aid for the Summer and that Marc Osofski be hired as a recreation
program aid for the 1987 summer recreation season.
d. Landscape Architect Intern. It was recommended that an
intern be hired for the Park Department but the person recommended
for hire did not accept the position and interviews will continue to
be held with approval at a future Council meeting.
2. 1987 Service Station Permit Renewals. Staff recommended
that the service station permit renewal applications submitted with
the agenda of June 16, 1987 be approved and that the licenses be
issued.
3. 1987 Amusement Device Renewals. A schedule of 1987
amusement device renewal applications was submitted to the City
Council in its packet material and the staff recommended that the
applications be approved subject to compliance with City Ordinances.
4. Country Hollow - Project #505. It was recommended the
feasibility report for Project #505 consisting of trunk utility
improvements in Country Hollow Addition be received and that the
Council schedule a public hearing to be held at the Municipal Center
at 7:00 p.m. on July 21, 1987.
5. Dallas Development 2nd Addition - Kennebec Drive - Project
#495. The feasibility report for Project #495 was presented and the
staff recommended that the report be received by the Council
covering the Dallas Development 2nd Addition, Kennebec Drive street
and utility improvements and that a public hearing be scheduled for
July 21, 1987 at 7:00 p.m. at the Eagan City Hall.
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June 16, 1987 002,45
6. Snow Plow Equipment Vehicles No. 113 and 124. The staff
recommended to the City Council that it receive the bids and award
the contract for snow plow equipment installation on vehicles #113
and #124 to Midland Equipment Company in the amount of $21,647.00
and $23,647.00 respectively, being the low bids for that equipment.
7. Blackhawk Glen 2nd Addition - Final Plat. The application
was submitted for the final plat approval of Blackhawk Glen 2nd
Addition and it was recommended that the application be approved and
that the Mayor and City Clerk be authorized to execute the
appropriate final plat documents. R87-38
8. Patrick Addition - Project #509. The Petition had been
received for feasibility report for Project #509 consisting of
street and utility improvements for Patrick Addition and it was
recommended that the Petition be received and to authorize the
preparation of the feasibility report by the consulting engineering
firm.
9. Proposed Pine Ridge Addition - Street Vacation. A petition
had been received to vacate the excess right-of-way along the south
side of Crestridge Lane and east of Kolstad Lane in proposed Pine
Ridge Addition. It was recommended the Petition be received and
that a public hearing be scheduled for July 21, 1987 at 7:00 p.m. at
the Municipal Center.
Egan moved, Wachter seconded the motion to approve the foregoing
consent agenda items. All voted in favor except Wachter who voted
against the 1987 Amusement Device renewals.
WOODGATE LANE - PROJECT #490 - STREET LIGHT - PUBLIC HEARING
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Mayor Blomquist convened the public hearing regarding Project
#490 consisting of street lights in Woodgate Lane. There were no
objections to the proposed project and Mr. Colbert explained the
project to the City Council. Wachter moved to close the public
hearing and approve Project #490 with the understanding that all
affected owners have signed a Petition, noting that there were no
appearances at the hearing. All members voted yea.
TOWN CENTRE DRIVE - STREET NAME CHANGE
Mayor Blomquist next convened the continued public hearing
regarding the proposed name change of Town Centre Drive. At the May
19, 1987 City Council meeting, the Council considered changing the
street name for the two portions of Town Centre Drive that intersect
with Yankee Doodle Road. Letters to affected property owners on
both the north and south sides of Yankee Doodle Road were sent and
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June 16, 1987
responses were received from Federal Land Company, which recommended
the names Yankee Place and O'Leary Lane and a response on behalf of
Robert O'Neil was-also received. Mr. Colbert reviewed the proposed
names and Charles Bartholdi, on behalf of Federal Land Company,
appeared and reported the recommendations of Federal Land Company.
After discussion, Smith moved, Egan seconded the motion to close the
hearing and to approve Yankee Place for the westerly leg and O'Leary
Lane for the easterly leg. All voted in favor.
EAGANDALE CENTER INDUSTRIAL PARK 8TH ADDITION - PROJECT #501
The public hearing regarding installation of water main along
the west service road under Project #501 within the Eagandale Center
Industrial Park 8th Addition was convened by the Mayor. Mr. Colbert
and Consulting Engineer Mark Hanson reviewed the project briefly and
there were no appearances or objections. Smith moved to close the
hearing and to approve the installation of Project #501, including
the preparation of necessary plans and specifications. All members
voted in favor.
WINDTREE 8TH ADDITION - PROJECT #503
The next hearing convened by the Mayor consisted of the street
and utility improvements under Project #503 within Windtree 8th
Addition. After review of the reports submitted to the City
Council, there being no objections, Egan moved, Ellison seconded the
motion to close the hearing, to order in the project and authorize
the consulting engineer Bonestroo, Rosene and Anderlik, to prepare
the plans and specifications for the project. All members voted
affirmatively.
COUNTRY CLUB MARKET - PROJECT #449R
Mayor Blomquist next convened the Public hearing regarding
Project #449 revised, consisting of driveway improvements and storm
sewer improvements in the Country Club, Rax Roast Beef and Cedarvale
Bowling Lanes area, south of Highway #13. Mr. Colbert and Mr.
Hanson reviewed the feasibility report and also discussed the
history of the project, noting that a public hearing had been held
approximately two years earlier, at which time the Country Club
Market representative indicated that work would be accomplished by
Country Club to revise its parking pattern and also to improve the
landscaping and aesthetic appearance on the north side of Country
Club Market. In addition, the Council directed further study be
made of the project.
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June 16, 1987
The request from the Rax Roast Beef attorney that the Council
release all interest in the private street running southerly to Beau
D' Rue Drive was discussed, and the Council recommended against
releasing such interest. Mr. Colbert stated that the road had
recently been blocked with posts installed within the roadway. A
representative of Country Club Market was present and stated that
all three sets of barricades had been installed and that further,
there was no benefit to Country Club. It was noted, however, that
Country Club would not be assessed for driveway improvements but
only for the landscaping and curbing. A representative of Rax Roast
Beef was present and had no objections to the project.. No
representative was present on behalf of DCR Company, the owner of
the Cedarvale Bowling Lanes.
Councilmembers were concerned about the 'visual impact and also
the drainage in the general area. Further, they noted that Country
Club representatives had promised to improve the landscaping but
nothing had been done, after having been requested to do so on
several occasions. Country Club representatives opposed the project
and Councilmembers suggested that additional construction take place
to assure that trucks would not jump the curbs.
After considerable discussion, Smith moved, Wachter seconded the
motion to close the hearing, to order in the project, including the
additional construction, including higher than normal curbs, because
of the tractor/trailer trucks on the north side of the Country Club
Market, with the understanding that the City staff will determine
whether the road easement would allow the City to remove the
barriers in the event that the owner refuses to do so, and further,
to determine whether a public easement has been acquired over the
north/south street. All councilmembers voted in favor.
PONDVIEW ADDITION - GENERAL BUSINESS USES
City Administrator Tom Hedges explained to the City Council
members that Wayne Tauer, President of Pioneer Engineering,
forwarded a letter to the City requesting additional consideration
by the Council in respect to the proposed Class II restaurant in
Pondview Addition. The letter from Mr. Hedges reflecting the June
2, 1987 City Council action that a Class II restaurant facility was
not approved an actual use was discussed. However, the City Council
did state that it would entertain a review application for a Class
II restaurant. Any consideration of Class II restaurant application
would be based on the fact that a Class I restaurant facility would
not be available for the site.
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June 16, 1987 00248
Councilmembers expressed agreement with Mr. Hedges's description
of the council's action and Mr. Tauer was present, together with
other representatives of the developers, recommending that the
Council authorize a Class II restaurant in that location. Mr.
Hedges stated that the Council scrutinized the uses very carefully
and he further mentioned that it may be possible to amend the
planned development to accommodate the Fairview project to proceed
independently, if the balance of the project does not proceed at the
present time.
A representative of Fairview Ridges was present and strongly
encouraged the council to allow it to proceed as quickly as
possible. Councilmembers indicated they would cooperate with
Fairview Ridges in expediting the project. Mr. Tauer further noted
that there would be no request for a theater on the Pondview site.
No formal action was taken.
ORGANIZED COLLECTION STUDY CONSULTANT
A recommendation was made by the Eagan Solid Waste Abatement
Commission, to hire a consultant to perform an organized collection
study for the City. Two proposals were received, according to Mr.
Hedges, including Pope-Reid Associates, Inc., Environmental
Engineering, and Malcolm Pirnie, Environmental Engineers, Scientists
and Planners. The proposal of Malcolm Pirnie was $25,000.00 and
from Pope-Reid was $10,820.00, with a revision of the Malcolm Pirnie
to $15,000.00. John Hohenstein was present and stated that only
four firms could be identified for the study. Ellison moved, Egan
seconded the motion to approve the consulting firm of Pope-Reid for
preparation of the organized collection study to cost $10,820.00.
All councilmembers voted affirmatively.
MARCH 17, 1987 - CITY COUNCIL MINUTES
A request from Sienna Corporation through David Sellergren,
regarding Boulder Ridge Addition, that the Council minutes of March
17, 1987 be amended to provide that direct access to the land west
of Boulder Ridge Addition be provided, rather than requiring a
combined plat with the Dolan parcel. Upon motion by Smith, seconded
Wachter, it was resolved that the recommendation for amendment to
the minutes be approved as requested. All voted yes.
SUNCLIFF 3RD ADDITION - WAIVER OF PLAT
An application of Advance Developers, Inc. for waiver of plat
for Lots 2 and 3, Block 1, Suncliff 3rd Addition was presented.
There were no objections and Ellison moved, Wachter seconded the
motion, after description by Mr. Runkle, that the waiver of plat
application be approved, subject to compliance with all City
ordinance requirements. All voted yes.
R87-39
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June 16, 1987 0624.9
CEDAR GROVE NO. 2 - VARIANCE - MARK FREDRICKSON
An application of Mark and Carla Fredrickson for variance for
additional lot coverage of 2% for Lot 5, Block 3, Cedar Grove No. 2
came to the council. There were no appearances and objections, and
motion was made by Smith, seconded Egan, to continue the application
until the next special meeting of the City Council on June 18, 1987.
All members voted yes.
CINNAMON RIDGE 3RD ADDITION - PETER JACOBSEN - VARIANCE
An application of Peter and Linda Jacobsen for variance for 14.5
foot setback along the public street, a 4.8 foot setback variance
along a private street and a 3.0 foot rear yard variance was brought
to the Council for its consideration. Dale Runkle detailed the
application, noting the 5-sided lot and the purpose being to allow
the owner the opportunity to situate the proposed home on the lot.
Peter and Linda Jacobsen were present and described the hardship
concerning construction on the lot. Several neighboring property
owners were also present, together with a petitions submitted by
them, supporting the variance, indicating that it was important to
get the lot built upon, and that it was a very unique oddly shaped
lot. Egan moved, Wachter seconded the motion to approve the
application, noting then 5-sided lot and although the Cinnamon Ridge
3rd Addition developer had indicated there would be no variances,
the hardship circumstances would appear to warrant such variance.
All members voted in favor.
GAMBLING ORDINANCE - AMENDMENT
The City Administrator presented an amendment to the gambling
ordinance, City Code Chapter 6, Conditions for Pull Tabs, drafted by
the City Attorney's office. The recommendation of the council had
been to eliminate the requirement that primarily Eagan non-profit
organizations be allowed to acquire licenses and certain other
changes. There was discussion concerning the requirement that 15
active members and at least 15 of its members would be either
employed or live in the City, but decided to retain that language.
Egan moved, Smith seconded the motion to authorize the amendment to
the ordinance as submitted. All voted yes, except Ellison who voted
no.
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June 16, 1987
OAK CLIFF POND ADDITION - PRELIMINARY PLAT
The application of Brutger 'Companies for preliminary plat
approval for approximately 9 acres within the Winkler-Jackson
Planned Development for townhouse development was submitted. The
Advisory Planning Commission recommended approval at its meeting on
May 26, 1987. The plat would provide for 42 owner-occupied detached
townhouses on the easterly 9 acres of Oak Cliff Addition. The
Planning Commission recommended approval with the condition to amend
the Winkler-Jackson PD by adding a 50 foot buffer street along the
Eagan-Burnsville border in Outlot B. Dale Runkle introduced the
application and stated that the developer has agreed with the 50
foot buffer. There were no objections and Smith moved, Wachter
seconded the motion to approve the application, subject to the
following conditions:
1. All standard platting conditions shall be adhered to.
2. This plat shall be reviewed by the Advisory Parks and
Recreation Commission for its recommendations and dedication
requirements.
3. A copy of the Homeowners Association shall be reviewed by
the City Attorney prior to final plat approval.
4. A 30 foot "sideyard" and "rear yard" setback shall be
allowed along Slaters Road. 30 foot setbacks will be required for
the units abutting the R-2 district to the south.
5. All exterior building maintenance shall be the
responsibility of the Homeowners Association.
6. The Building Inspections Department is recommending a
minimum of 10 feet between buildings.
7. The exterior colors shall be compatible.
8. The proposed development shall be responsible for the
construction of a 20 foot wide bituminous access to the existing
lift station site.
9. The development shall be responsible for constructing the
proposed internal private street with bituminous surfacing and
concrete curb and gutter.
10. The minimum proposed north south through-street shall be
constructed to a 30 foot width back of curb to back of curb and the
centrally located cul-de-sac street shall be a minimum of 28 feet
wide back of curb to back of curb with a 45 foot minimum radius on
the cul-de-sac.
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June 16, 1987 00251
11. Outlot D of the proposed plat shall be dedicated as a
utility easement.
12. The development shall be responsible for dedicating the
appropriate storm sewer easements.
13. A revised grading plan shall be submitted to staff showing
a minimal impact on the topography along the south side of the
proposed development.
14. This development shall be responsible for constructing the
storm sewer outlet from Outlot B to Pond AP-10. The proposed outlot
shall be sized to handle runoff from the east side of Slaters Road.
15. The proposed sanitary sewer shall be revised to accommodate
the walk out pad elevations of the homes along the westerly side of
the proposed north south through street.
16. The development shall be responsible for submitting a
revised hydrant layout plan.
17. The development shall be responsible for constructing
concrete and valley gutters at the two entrance locations to the
site.
18. The development shall be responsible for obtaining the
appropriate regulatory agency permits required.
19. An erosion and sediment control plan including both a site
map and a narrative, shall be submitted and approved by staff prior
to grading permit issuance and the final plat approval.
20. The development shall be responsible for the proposed
assessments based on the rates in effect at the time of final plat ~
approval.
21. That the developer shall coordinate the northerly access on
Slater's Road with the access of the proposed development east of
Slater's Road.
All councilmembers voted in favor.
SEE PLAT FILE
HILLS OF STONE BRIDGE 2ND ADDITION - REZONING & PRELIMINARY PLAT
An application of United Mortgage Corporation for rezoning of
approximately 18.44 acres from A (Agricultural) to Planned
Development R-1 and preliminary plat consisting of 42 lots, was
brought to the Council. Dale Runkle introduced the application and
noted that a change in name had been requested from Stone Bridge 2nd
Addition to Hills of Stone Bridge 2nd Addition.
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June 16, 1987 00252
The APC recommended approval, subject to conditions at its
meeting on May 26, 1987. He noted further that the replat included
the Johnson property consisting of 0.8 acres. There were no
objections to the application covering land abutting Dodd Road to
the east and that the plat is consistent with the overall planned
development for the area.
Smith moved, Wachter seconded the motion to approve the
application for rezoning from A (Agricultural) to R-1 Planned
Development. All voted yes.
Wachter moved, Ellison seconded the motion to approve the
application for preliminary plat, noting that it was consistent with
the adjoining 1st Addition, subject to the following:
1. All standard platting conditions shall be adhered to.
2. Lots 28 & 29, Block 1, shall have their driveways connecting
to the cul-de-sac.
3. Sideyard setbacks to 30 feet shall be allowed on Lots 18 and
19, Block 1.
4. Detailed grading/drainage/erosion and sediment control plans
shall be submitted and approved prior to final plat approval.
5. Adequate drainage and ponding easements shall be dedicated
for Pond JP-55 to accommodate 4.9 acre feet of volume.
6. A 50 foot half right-of-way shall be dedicated for Dodd Road
along with a temporary slope easement to accommodate the future
upgrading of Dodd Road. Also, it shall dedicate sufficient right-
of-way for Elrene Road to ensure an 80 foot right-of-way width.
7. This development shall accept its prorata per acre share of
all easement acquisition beyond the limits of this development.
8. All regulatory agency permits must be acquired in a time
frame according to their requirements.
9. This development shall be responsible for all additional,
outstanding and/or future assessment obligations at the time of
final plat approval in accordance with the rates in effect at that
time.
All members voted yes. SEE PLAT FILE
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June 16, 1987 OC253
STUART 2ND ADDITION - PRELIMINARY PLAT
The application of Stuart Corporation for preliminary plat
approval for Stuart 2nd Addition in the northwest quarter of Section
14, consisting of a 9.2 acre parcel with one lot, containing a
single 102 unit apartment building, located east of Lexington Avenue
and south of Yankee Doodle Road was brought for consideration. The
applicant intends to develop the ponding area for passive
recreational use and no further buildings would be provided on the
entire parcel. The gross density would be 11.1 units per acre and
all building setbacks would meet code requirements. One covered
parking stall would be provided for each unit and one additional
exterior space. There were no objections and Wachter moved, Egan
seconded the motion to approve the application, subject to the
following conditions:
1. All standard platting conditions shall be adhered to.
2. One interior parking stall shall be included with each
unit's rent.
3. This plat shall be subject to recommendations of the
Advisory Parks & Recreation Commission.
4. The detailed landscape plan shall be submitted on a grading
plan. The financial guarantee shall not be released until one year
after the date of installation.
5. Ten foot wide exterior parking stalls shall be provided.
6. One 10 foot wide grass-crete mat shall be extended from the
parking lot to swimming pool area if acceptable to the Fire Marshall
in lieu of two such mats around each end of the building.
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7. A detailed grading/drainage/erosion and sediment control
plan shall incorporate the future grades of Lexington Avenue and be
submitted and approved by staff prior to final plat approval.
8. A 20 foot temporary construction/slope easement shall be
dedicated adjacent to Lexington Avenue for the future Lexington
Avenue upgrading.
9. This development shall be responsible for its additional
assessment obligation associated with final plat approval.
10. Additional rights-of-way shall be dedicated to provide for
a 60 foot half right-of-way for Lexington Avenue.
11. The elevation of the parking lot shall be resolved to staff
recommendations.
All voted in favor.
SEE PLAT FILE
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June 16, 1987
0(2.
EAGAN CENTER 2nd ADDITION - PRELIMINARY PLAT
The application of Lexington Center Phase 2 Limited Partnership
for preliminary plat approval of Eagan Center 2nd Addition was
brought to the Council for its review and action. The Advisory
Planning Commission at its meeting on May 26, 1987 recommended to
the City Council that the application be approved, subject to
certain conditions. The proposal would include a retail strip
center containing a 1.49 acre parcel on Outlot D of the First
Addition, 'south of Diffley Road, comparable to the strip center to
the north. No gas pumps were being requested and it would not be
feasible to add pumps to the building in the future without site
plan modifications. No pylon signage had been requested for either
of the buildings. Mr. Hedges and Mr. Runkle described the
application and there were no objections to the 11,700 square foot
building. Ellison moved, Smith seconded the motion to approve the
application with the following conditions:
1. All standard platting conditions shall be adhered to.
2. No gas pumps shall be allowed on this lot.
3. No roof top fan units shall be visible.
4. A final landscape plan shall be submitted demonstrating
berming along the east and west property lines. The financial
guarantee shall not be released until 1 year after the installation.
5. All signage shall be subject to the one time sign fee of
$2.50 per square foot.
6. This plan shall be subject to the recommendations of the
Advisory Park and Recreation Commission.
7. A permit will be required from the Dakota County Highway
Department for excavation in Lexington Avenue to connect to the
existing storm sewer.
8. The development shall be responsible for construction of an
8 foot wide bituminous trailway along Lexington Avenue.
9. The applicant will modify the grading plan to avoid the need
for a slope easement from the property adjoining to the south.
10. The storm water run off from the service road along the
east side of the building shall be intercepted prior to drainage
onto Patrick Road.
11. All entrances to the site shall be 30 feet wide with 20
foot radii on curb returns and constructed with concrete valley
gutters to convey Patrick Road drainage across the entrance.
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June 16, 1987
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12. The interior service road along the east side of the
building shall'be designated as a one-way north to south drive.
13. The development shall be responsible for all proposed
assessments based on the rates in effect at the time of final plat
approval.
14. An erosion and sediment control plan, including both a site
map and a narrative, shall be submitted and approved by staff before
a grading permit is issued or final plat approval.
15. The most southerly parking stall, adjacent to the building
shall be eliminated to approve the turning radius for delivery
vehicles.
All voted affirmatively.
SEE PLAT FILE
PRAISE LUTHERAN CHURCH ADDITION - REZONING & PRELIMINARY PLAT
The application of Vic Frey of Praise Lutheran Church for
rezoning of 5.8 acres designated R-2 within the Lexington South PD
to Public Facilities district on amendment to the Lexington South
PD, and preliminary plat approval for church facility located in the
southwest corner of County Road #30 and Dodd road came next to the
Council. Also an amendment to the Comp Plan would be required for
the parcel. Dale Runkle introduced the application and noted that
the Advisory Planning Commission at its meeting on May 26, 1987
recommended approval with certain conditions attached. The Park
dedication for the property was deferred until such time that the
church would revert to other than a church use.
There was discussion concerning a revision of residential land
to Public Facilities and it was suggested that compatibility with
neighborhood uses is also a very important criteria in such
revisions.
Smith moved, Ellison seconded the motion to approve the
application for amendment to the Lexington South Planned
Development. All voted yes except Wachter who voted no.
Ellison then moved, Smith seconded the motion to approve the
application for Comp Guide revision to Public Facilities. All
members voted in favor except Wachter who voted against.
Next Egan moved, Ellison seconded the motion to approve the
application for preliminary plat, with the following requirements:
1. All standard platting conditions shall be adhered to.
2. All sign ordinances shall be adhered to.
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June 16, 1987
QCz256
3. A master landscape plan shall be submitted with the final
plat application. Phased installation of this plan will be approved
with each building/parking expansion. A financial guarantee shall
be submitted for the first phase and ,not released until 1 year after
the installation.
4. 57 parking stalls shall be required with the first phase.
5. The park dedication shall be deferred until the use changes
from a Public Facility use.
6. The development shall be responsible for obtaining the
required 20 foot wide storm sewer easement across the proposed
Calvary Memorial Church property.
7. The development shall dedicate right-of-access to the County
along Diffley Road.
8. The development shall dedicate a 60 foot half right-of-way
for Diffley Road and dedicate an additional 20 foot
construction/slope easement.
9. The development shall dedicate a 40 foot half right-of-way
for Dodd Road.
10. The proposed entrance width shall be a minimum of 30 feet
with a 20 foot curb return radii.
11. The applicant shall sign a waiver stating that they will
not object to or appeal the assessments generated by the
construction of the planned east/west street connection as a
condition of final plat approval.
12. An erosion and sediment control plan including both a site
map and a narrative shall be submitted and approved by staff prior
to grading permit issuance and final plat approval.
13. The development shall be responsible for their additional
assessment obligations based on the rates in effect at the time of
the final plat approval.
All voted in favor except Councilman Wachter who voted against.
Councilman Egan questioned whether it would be appropriate to
change the parcel from residential use to Public Facility and
suggested the staff and Advisory Planning Commission review
comparable sites for compatibility with neighborhood uses in the
future and all councilmembers agreed.
SEE PLAT FILE
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June 16, 1987 00257
CRAY ADDITION - REPLATTING
The application of Cray Research, Inc. for preliminary plat
approval of Cray Addition, platting Outlots H, I, J, and L of Lone
Oak Addition into one 36.2 acre lot for office use, and nine outlots
totaling 80.02 acres was next heard. The proposal, according to Mr.
Runkle, is consistent with the Planned Development Agreement and a
request was made by the applicant that there be flexibility in the
development to allow permits to be granted as they are requested.
The APC requested a review of each building permit application as it
is submitted. Ron Samansky, attorney from Doherty, Rumble and
Butler, was present, as was Eric Lindahl, Ed Braman, Miles Lindberg
and Dale Beckman for Cray Research. Mr. Samansky suggested that the
Planning Commission minutes were incorrect regarding the vote,
indicating the vote was 5 in favor and 2 against, and noted the
Advisory Planning Commission had recommended approval. After
discussion and review by the Councilmembers, Wachter moved, Egan
seconded the motion to approve the application, subject to the
following conditions:
1. The Development Agreement shall be entered into and approved
by the City allowing multiple buildings on a single lot.
2. The applicants agree to review each site plan for specific
buildings with the City Council at the time of building permit.
3. Outlot A shall be designed in accordance with the public
street standards and, also, setbacks from Outlot A shall be required
in accordance with public street requirements.
4. Detailed landscape plans shall be submitted with each
application for building permit.
5. The preliminary plat shall be subject to the Park
Commission's recommendations and comments.
6. All other City Ordinances shall be adhered to.
7. A detailed grading/drainage/erosion and sediment control
plan must be submitted and approved prior to final plat approval.
8. No overland drainage of storm sewer systems will be allowed,
although a temporary pipe will be approved.
9. This development shall provide for the outlet of Pond FP-4.1
and FP-E located in the Lone Oak 2nd Addition.
10. This development shall provide sanitary sewer of sufficient
size and elevation to the northeast corner and the east property
line of this development, in conjunction with Phase II, or if the
owner to the east requests sanitary sewer prior to that time.
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June 16, 1987 00258
11. Water main of sufficient size and capacity must be extended
and connected to the existing 12 inch trunk main in the Lone Oak 2nd
Addition.
12. This development shall dedicate a 60 foot half right-of-way
for Lone Oak Road along with a 20 foot construction/slope easement
to accommodate the future upgrading of Lone Oak Road.
13. In addition to the common lot line drainage and utility
easements, this development shall dedicate all required utility
easements located outside of dedicated public right-of-way in
accordance with City requirements as a part of final plat approval.
14. This development shall be responsible for the acquisition
of all regulatory agency permits in a time frame according to their
respective requirements.
15. This development shall be responsible for all additional
assessment obligations.
16. Vacation of Technology Circle shall be required as a
condition upon the plat.
Upon question by Councilman Ellison, Mr. Samansky stated that
the intention of Cray Research is that the road be kept private at
the present time and there are no future plans regarding the road.
All voted in favor.
BRIDLE RIDGE 1ST ADDITION - PRELIMINARY PLAT REVISED
An application was submitted by Sienna Corporation for revised
preliminary plat of Bridle Ridge 1st Addition consisting of 202
single family lots on 123 acres. Mr. Runkle indicated that before
the previously approved plan is final platted, the applicant has
requested that the City review the new site plan which has certain
revisions including below minimum lot sizes and lot widths and
additional cul-de-sacs. Further, the private outlot acreage would
be 14.9 acres under the new cluster plan. The applicant had
appeared before the City Council informally and the Advisory
Planning Commission recommended approval, subject to certain
conditions at its May 26, 1987 meeting. The road right-of-way and
the connection to the property to the west are issues, according to
Mr. Runkle.
Mr. Hedges questioned whether the housing values would be at the
executive housing level and how the City could be assured that the
developer would comply with the intent of the City Council which
granted concessions including reduction in minimum subdivision
requirements. Rod Hardy, the developer, was present and stated that
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June 16, 1987 00259
three market ranges are being planned with the westerly lots to be
sold to builders who market $100,000.00 to $125,000.00 homes, Surrey
Woods on the north expected to include $120,000.00 to $150,000.00
homes and the central area of $150,000.00 to $200,000.00. Also, he
noted that minimum house sizes would be established under the
covenants.
Mr. Colbert mentioned that the Developer's Task Force
recommended concessions but that the housing type did not appear to
conform with the Council standards. Councilmen Egan and Wachter
stated that they understood that a high range product would be
constructed but that the developer does not appear to be complying
with its original declarations. Mr. Hedges mentioned that the
market has determined development in the City in recent years, but
the Developer's Task Force and City Council recommended that a
different quality of housing should be provided and that concessions
be granted in order to accomplish the objective. The covenants
would place 1,000 square foot minimum on the housing, according to
Mr. Hardy. -Mr. Ellison noted that he understood the minimum price
range would be approximately $175,000.00 for executive housing.
Councilman Smith mentioned that he understood that there would be a
gradual movement to executive housing but had strong concerns about
the cluster plan and the cul-de-sacs.
Smith moved, Egan seconded the motion to approve the application
for revised preliminary plat subject to the conditions imposed by
the Advisory Planning Commission. Councilman Egan reflected that
the proposal is quite attractive, but does not fulfill the Council's
intent. Those in favor were Smith and Egan; those against were
Wachter, Blomquist and Ellison.
Ellison then moved, Wachter seconded the motion to continue the
application until the next regular meeting to allow the developer to
submit information to the City Council that would specify the
minimum square footage standards that will be included in the
covenants and any other conditions that would provide the council
with adequate rationale to allow concessions requested. All members
voted yes.
RESIDENTIAL STREET ORDINANCE AMENDMENT
CITY CODE CHAPTER 13
Mr. Hedges noted that the Developer's Task Force met on several
occasions and recommended changes to City Code Chapter 13 that
regulates minimum rights-of-way for public street dedication. The
Advisory Planning Commission considered an Ordinance that would
ratify the right-of-way widths and a copy of the proposal was
submitted to the Council. Mr. Hedges noted that representatives of
the Developer's Task Force were present and some had expressed
concern that as a part of the local access-medium, 300 to 1,000 ADT,
that a second category allowing a 28 foot improved street, with two
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June 16, 1987
dCzso
traffic lanes and one parking lane, was omitted as part of the
Ordinance preparation, and that the reference to a 50 foot right-of-
way should be deleted in the second column of the published
ordinance; and second that there is no reference to the maximum
length of cul-de-sac and variable length of cul-de-sac. Mark
Johnson and Rod Hardy were present. Councilman Smith opposed
reducing the minimum standards and further opposed allowing variable
cul-de-sac lengths. After discussion, Smith moved, Ellison seconded
the motion to approve the proposed revision to Chapter 13. All
voted yes.
GOLLE WELSH ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
An application for Golle Welsh Addition for conditional use
permit to-allow a private school within a Limited Business district
and preliminary plat approval on 2.88 acres between Slaters Road and
Cedar Avenue was brought to the Council. The Advisory Planning
Commission recommended approval subject to certain conditions. Mr.
Hedges stated the applicant requested that the application be
withdrawn, noting that a new site location is being reviewed. Egan
moved, Wachter seconded the motion to acknowledge the withdrawal of
the application. All members voted yes.
PUBLIC IMPROVEMENT CONTRACTS
1. Sealcoating - Contract #87-8. Wachter moved, Egan seconded
the motion to receive the bids for Contract #87-8 and award the
contract to Bituminous Roadways, Inc. in the sum of $102,964.34.
All voted affirmatively.
2. North Nicols Road - Contract #87-16. Upon recommendation of
the staff, upon motion by Egan, seconded Ellison, it was resolved
that the plans for Contract #87-16 consisting of North Nicols Road
be approved and to authorize the advertisement for bid opening to be
held at 10:30 a.m. on Friday, July 17, 1987 at the Eagan Municipal
Center. All voted yes.
3. E-Z Air Park - Storm Sewer - Eagandale Center Industrial
Park 8th Addition - Water Main - Contract #87-20. Plans have been
submitted for contract #87-20 consisting of E-Z Air Park storm sewer
and Eagandale Center Industrial Park 8th Addition water main. Upon
motion by Ellison, seconded Wachter, it was resolved that the plans
be approved and that the Clerk be authorized to advertise for bids
to be opened at 10:30 a.m. on Friday, July 17, 1987 at the Eagan
Municipal Center. All councilmembers voted yea.
4. Windtree 8th Addition - Contract #87-19. After
recommendation made by the staff and upon motion by Egan, seconded
Wachter, it was resolved that the City Council be on record
approving the plans for Contract #87-19 consisting of utility and
street improvements in Windtree 8th Addition and direct the City
Clerk to advertise for bids in the legal newspapers to be opened at
10:30 a.m. on July 16, 1987 at the Eagan Municipal Center. All
voted yes.
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June 16, 1987 00261
LEXINGTON POINTE ADDITION - PETITION & VARIANCE
Staff received a letter from the developer of Lexington Pointe
Addition requesting the City to install the Daniel Drive connection
to County Road #30 that was required as a condition of final plat
approval. The developers guaranteed all costs associated with the
condemnation if it would become necessary to acquire the right-of-
way, noting the developer has been unsuccessful in acquiring the
necessary right-of-way. Mr. Colbert stated that Dakota County has
recommended the access to County Road #30 (Diffley Road) at the
location proposed by the City.. Brad Swenson and Laura Marks were
present on behalf of the applicants.
The issue related to the timing for recording the plat and the
request was made to remove the condition from the plat to allow the
plat to be recorded with the guarantees that were submitted by the
applicant. Wachter moved, Egan seconded the motion to receive the
Petition and authorize the preparation of a feasibility report for
Project #508, Daniel Drive, streets and utilities and to delete the
requirement to construct Daniel Drive to Diffley Road as a condition
of final plat approval for Lexington Pointe Addition, with the
understanding that the City will install the street portion;
further, to authorize condemnation of the necessary road right-of-
way and the hiring of an appraiser on behalf of the City for such
condemnation action, all conditioned upon the developer paying for
all necessary costs in the condemnation acquisition process. All
members voted yes.
THOMAS LAKE CENTER
Attorney David Sellergren appeared on behalf of Eagan Center
Associates and requested approval from the City Council for a
foundation permit for Thomas Lake Center retail building, with the
understanding that final plat application will be submitted at the
July 7, 1987 regular meeting, and further that the developer will
not construct beyond the foundation stage. Councilman Ellison had
concerns about supporting staff requests that final plats be
approved prior to grant of foundation permits. After discussion,
noting the hardship involved, Egan moved, Smith seconded the motion
to approve the request, subject to submission and compliance with
all City requirements, including submission of an application. All
members voted yes.
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June 16, 1987
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WEST PUBLISHING COMPANY - GRADING & FOUNDATION PERMIT
Steve Bryant appeared on behalf of the application of West
Publishing Company requesting a foundation and grading permit to
start construction of a parking lot addition prior to the
construction of a new 100,000 square office building on the Eagan
West Publishing site near Highway #149. A letter from John Nasseff
of West Publishing, indicated that construction of the building
would not begin until the building permit process has been complied
with. Mr. Bryant noted that the request is to begin grading to
allow more parking and that the time frame is critical to move the
computer operations to Eagan. The permit would be for the parking
lot grading only with plans having been submitted for review by the
City. Wachter moved, Egan seconded the motion to approve the
application, based upon the submission of all application
requirements and approval of plans by the staff. All members voted
yes. -
LEXINGTON POINTE ADDITION
Laura Marks appeared and requested approval of the City Council
to construct model homes for the 1987 Parade of Homes for Lexington
Pointe. She requested special consideration because of the time
frame and noted that the model homes would be along Daniel Drive
where a hard surface street would be installed for the homes. There
were strong concerns among council members about varying the
procedure and also creating additional burden on the staff to
process such applications. Smith moved, Egan seconded the motion to
approve the application for up to six model home permits with
compliance with all City Code requirements, including Advisory
Planning Commission review, according to Code Section 13.20. All
members voted in favor.
N
IRRIGATION SYSTEMS FOR CITY PARKS
There was discussion concerning the bids for the irrigation
systems for Goat Hill Park and Northview Park and that a portable
irrigation system was not being considered at the present time.
Smith moved, Egan seconded the motion, based upon the staff
recommendation, to authorize the staff to advertise for bids for an
irrigation system for Goat Hill Park and Rahn Park, with a portable
irrigation system for Goat Hill Park and Rahn Park and underground
system for Northview Park, with a bid-opening for Monday, July 6,
1987 at 2:00 p.m. at the Eagan Municipal Center. All members voted
in favor.
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June 16, 1987
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THOMAS LAKE CENTER
There was discussion concerning the Minutes of the May 5, 1987
regular council meeting regarding pylon sign permit for Thomas Lake
Center. Egan moved, Wachter seconded the motion to allow up to
three pylon signs at locations designated by the developer within
the Thomas Lake Center, with the understanding that there be no
further pylon signs approved without City Council approval. All
members voted aye.
COUNTY ROAD #32/CLIFF ROAD - PROJECT #510
Mr. Colbert stated that in accordance with Dakota County's Five-
Year Capital Improvement Program, Cliff Road is intended to be
upgraded to a 5-lane design urban section from Johnny Cake Ridge
Road to Pilot Knob Road in 1988. Further, he stated that the Pilot
Knob Road upgrading south of Yankee Doodle Road will not be
installed until 1988 and the two projects would be constructed at
approximately the same time. The recommendation was made that the
Council authorize the preparation of a feasibility report for
Project #510 for Cliff Road improvements, and upon motion by
Wachter, seconded Egan, it was resolved that the recommendation be
approved and authorized to be implemented. All voted yes.
COMPREHENSIVE TRANSPORTATION PLAN - CONSULTANT
Tom Colbert reported on the recommendation of Dakota County,
Inver Grove Heights and Eagan engineering staffs that Short,
Elliott, Hendrickson be hired to perform a comprehensive
transportation plan for the three governmental entities at a cost of
approximately $109,000.00. He noted that BRW and Strgar-Roscoe- N.
Fausch, Inc. also were interviewed by the joint committee. Upon
motion by Wachter, seconded Egan, it was resolved that the Council
approve the proposal to hire Short, Elliott, Hendrickson based upon
a Joint Powers Agreement with Dakota County and Inver Grove Heights
in the total sum of $109,000.00 to perform the transportation plan.
All councilmembers voted affirmatively.
BIETER COMPANY VS. CITY OF EAGAN - UPDATE
City Attorney Paul Hauge updated the City Council regarding the
release to the general public on June 8, 1987, of depositions in the
Bieter Company case and noted that 5 additional depositions are
scheduled the week of June 22, 1987.
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CHECKLIST
Egan moved, Wachter seconded the motion to approve the following
checklist dated June 16, 1987 in the amount of $949,626.16. All
voted yes. & May 31, 1987 in the amount of $2,943,145.72.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:35 a.m. All voted in favor.
PHH
City er k
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