04/19/1988 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 19, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
April 19, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson
and McCrea. Also present were City Administrator Tom Hedges, Public
Works Director Tom Colbert, City Planner Dale Runkle, Consulting
Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda
with the understanding that the application of St. John Neumann
Knights of Columbus for a pull-tab license at Richard's Food and
Liquor be continued until the next regular meeting; and further that
the application of Asp Construction Company for preliminary plat
approval of Crystal Ponds Addition for R-4 Multiple project, and
variance for cul-de-sacs in excess of 500 feet, located south of
Highway #55 be continued until the next regular meeting. All
councilmembers voted yes. It was noted that the developer had just
recently submitted some proposed changes for the Crystal Ponds
Addition and staff had not had an opportunity to review the changes.
MINUTES
April 5, 1988 - Regular Meeting. Upon motion by Egan, seconded
Wachter, it was resolved that the Minutes of April 5, 1988 regular
meeting be approved as prepared. All voted yea.
PONDVIEW ADDITION - FAIRVIEW HOSPITAL
City Administrator Tom Hedges explained that a letter had been
forwarded to him dated April 15, 1988 from Alan Linoff, the Fairview
Hospital Director of Property Management and Development, requesting
to be placed on the agenda for a building permit for the proposed
Fairview-Eagan Clinic near Pilot Knob Road. Several representatives
of Fairview were present, including Mark Enger, the Administrator of
the Ridges, who made a presentation and explained the project has
been in process for about one year but is getting behind schedule.
Committmentsn have been made with a medical group to staff the
building and the project may be in jeopardy if a building permit is
not allowed.
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Tom O'Connel and Alan Linoff were also present and Mr. O'Connel
indicated that TXI, the owner of the property to the south, will not
sign the Planned Development Agreement because it is too restrictive
for sale of its property. A meeting has been scheduled with all of
the parties in order to attempt to resolve the differences. There
were concerns, according to Mr. Colbert, about the grant of
necessary easements and that in the event that TXI does not sign the
Planned Development Agreement, that Fairview then would be required
to assist in acquiring necessary easements.
After extensive discussion and noting the hardship involved to
Fairview without being allowed to proceed, Wachter moved, McCrea
seconded the motion to grant the building permit with the
understanding that negotiations will continue with the objective of
resolving the PUD Agreement dispute with TXI and with the
understanding that the City will control future steps in the
development process. All members voted yes.
FIRE STATION NO. 5 - CONTRACT #88-1
Mr. Hedges then introduced the subject regarding the proposed
award of the contract for Contract #88-1 for Fire Station No. 5 on
the Schindeldecker property. He noted that the Building Committee
has recommended that alternates A-1, A-2 and M-3 be approved,
together with the base bid and that the contract be awarded to Eagan
Construction for a total amount of $491,995.00. A detailed review
had been made of the various bids including the apparent low base
bidder, Dean Associates with a total base bid of $490,600.00 but
with the alternates totaling $492,200.00. In addition, it was noted
that the completion date for Dean is 210 days and for Eagan
Construction is 150 days, which could make a difference in
construction in the fall season of 1988.
Mr. Hedges noted that in 1987, the City Council determined it
was in the best interest of the City to incur additional cost beyond
the budgeted amount which would be to the advantage of the City in
the long run, and it was recommended that a new cost analysis be
prepared based upon actual cost for Fire Stations No. 4 and 5.
Chief Southorn was also present and explained the reasons why
the Eagan Construction bid was recommended. Councilman Egan asked
what the total cost over-run for Station No. 5 would be and it was
noted that it was about $62,000.00 above budget. Member McCrea
mentioned that Eagan Construction is an Eagan based company.
McCrea then moved, Wachter seconded the motion to approve the
base bid and alternates A-l, A-2 and M-3 of Eagan Construction and
award the contract based upon its being the lowest responsible
bidders and for reasons including those described above, including
the recommendation of the Building Committee, noting that adding the
alternates would be a savings to the City but that not all
alternates should be considered. All councilmembers voted in favor.
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CONSENT AGENDA
The following consent agenda items were presented to the City
Council by the staff and recommended to be approved:
1. Personnel Items.
a. Permanent Street Equipment Maintenance Worker. It was
recommended that Emmett Cassidy be hired as a permanent full time
streets equipment division maintenance worker in the Public Works
Department, subject to the completion of the City's physical
examination requirement.
b. Permanent Parks Maintenance Worker. The recommendation
was made that Alexander Lammer be hired as a permanent full-time
parks division maintenance worker, subject to the physical
examination requirement completion.
c. Seasonal Utility Maintenance Worker. Max Dornseif was
recommended for hiring as a seasonal utility maintenance worker.
d. Seasonal Park Maintenance Workers. The following
persons were recommended to be hired as seasonal park maintenance
workers: Kenneth Alexander, Peter Hafstad, Steven Kivi, David Smith
and Rebecca Verwey.
e. Seasonal Weed Inspector Aid. Staff recommended that
Thomas Fish not be hired as a seasonal weed inspector aid but that
the City Administrator be authorized to hire the weed inspector aid
based upon the staff's review.
f. Public Service Agreement - Monitoring Compost Recycling
Program Site. A public service agreement between the City and Green
View, Inc. to provide monitoring services for the Compost Recycling
Program whereby needy and elderly persons are recruited to provide
public services was recommended to be approved.
2. Plumbers Licenses. A schedule of plumbers license
applications was submitted in the packet and recommended for
approval in compliance with all City requirements.
3. City's Week - May 1_ to May 7, 1988. A proclamation
declaring City's Week from May 1 through May 7, 1988 was submitted
and recommended to be approved.
4. Eagan Night at the Twins Proclamation. The recommendation
was made that June 1, 1988 be proclaimed as Eagan Night at the
Twins, which is being sponsored by the Dakota County Chambers of
Commerce.
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5. Blackhawk Ridge Addition - Final Plat. The application for
final plat approval of Blackhawk Ridge Addition was submitted and it
was recommended it be approved, subject to compliance with City
requirements and authorize the execution of all documents with MnDOT
right-of-way turn back and vacation of excess public right-of-way
prior to release of documents for recording with the County.
R-88.21
6. Schindeldecker 4th Addition - Final Plat. The request for
approval of the final plat application for Schindeldecker 4th
Addition consisting of Fire Station No. 5 was submitted and
recommended to be approved. R-88.22
7. Dodd Road - Overlay - Project #515. The feasibility report
for Project #515 consisting of Dodd road overlay was submitted and
it was recommended that the report be received and the public
hearing be scheduled for May 17, 1988 at 7:00 p.m. at the City Hall.
8. Eagandale Center Industrial Park 10th Addition - Project
#539. Project #539 covering utility improvements in Eagandale
Center Industrial Park 10th Addition came to the City Council and it
was recommended that the Petition be received and that the
feasibility report and detailed plans be authorized.
9. Eagandale Center Industrial Park - Project #480. The final
assessment roll for Project 4480 consisting of street overlay in
Eagandale Center Industrial Park was brought to the City Council and
it was recommended that the Council receive the roll and schedule a
final assessment public hearing for May 17, 1988 at the City Hall
commencing at 7:00 p.m.
10. Eagandale Center Industrial Park 8th Addition - Project
#501 - Watermain. The final assessment roll covering Project #501
regarding watermain improvements in Eagandale Center Industrial Park
8th Addition has been completed. The staff recommended the council
receive the roll and schedule the hearing for the City Hall at 7:00
p.m. on May 17, 1988.
11. Eagandale Center Industrial Park No. 9 - Final Plat. The
application of the developer for the Eagandale Center Industrial
Park No. 9 has been submitted and it was recommended to be approved,
subject to City Code requirements. R-88.23
12. Eagandale LeMay Lake 2nd Addition - Project #474. The
supplemental assessment roll that was submitted by the engineering
department based upon the fact that the final assessment amount for
street and storm sewer improvements did not properly incorporate the
related overhead costs, in addition to construction costs, was
submitted and recommended to be received by the Council. In
addition to the final plat, it was recommended that the final
assessment hearing be scheduled for May 17, 1988 at the Eagan
Municipal Center beginning at 7:00 p.m.
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Wachter moved, Gustafson seconded the motion to approve the
Consent Agenda as recommended. All voted aye.
BLACKHAWK HILLS ROAD & FEDERAL DRIVE - VACATION HEARING
Mayor Vic Ellison announced the convening of the public hearing
regarding the vacation of a partial right-of-way for Blackhawk Hills
Road and Federal Drive. Tom Colbert explained that it is not
necessary that right-of-way be 100 feet in width, which was the
width acquired by MnDOT for a portion of Blackhawk Hills Road and
Federal Drive and the request had been made to vacate the excess
right-of-way. Title had not been clarified at the previous Council
meeting when the hearing had been originally scheduled and transfer
of title from Meritor to the City will be completed within a short
time. There were no objections. Egan moved, Gustafson seconded the
motion to close the public hearing and approve the vacation of the
excess public right-of-way as described in the Notice. All members
voted yes.
CLIFF LAKE CENTER - PROJECT #529 - HEARING
The next public hearing convened by Mayor Ellison covered the
street and utility improvements in Cliff Lake Center labeled under
Eagan Project #529. Mr. Colbert introduced the project and Dan
Boxrud of Short, Elliott & Hendrickson, the consulting engineer on
the project, detailed the proposal. He noted that the total project
cost would be $2,250,885.00 with revenue being $2,255,867.00. A
copy of a letter from Charlie Bartholdi of Federal Land Company
dated April 18, 1988 was distributed to the City Council and Mr.
Bartholdi of Federal Land was present. He cited the main concerns
of Federal Land and indicated that the company did not object to the
project including traffic signal at Cliff Drive and Cliff Lake Road
to he operational before Cliff Lake is occupied, and that access
from Rahn Road to the west be constructed to the Federal Land
property line and further stated that Federal Land will work
together with the City to resolve the issues.
Mr. Boxrud stated that the full explanation was given to the
City Council at an earlier meeting and an opportunity for comments
and questions was given at that time. He also stated that he wasn't
certain whether the traffic signal requested could be operational in
time for the opening. Councilman Wachter asked about the alternate
for the Rahn Road connection and Mr. Colbert explained that the
staff and the consultants had reviewed three alternates and
recommended the current proposal as the most desirable.
Mr. Gustafson asked whether there would be assessments against
the Cliff Lake project property in the future for additional Cliff
Road improvements. Mr. Colbert's answer was yes, that there would
be some type of cost contribution for such improvements, but that
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the amount and type of financing is uncertain at the present time.
Councilman Gustafson also questioned about the top soil and seeding
on a portion of the abandoned Rahn Road alignment and was told that
cost would be paid by the developer. There was no objection to the
project.
Egan moved, McCrea seconded the motion to close the hearing and
order in the project according to the report. All members voted in
favor.
CLIFF LAKE - CUB STORE - FOUNDATION PERMIT
Bill McHale of Ryan Construction Co. was present and requested
approval of the City Council for footing and foundation permit for
the Cub store only. He stated the final plat application could be
considered by the Council at the May 17, 1988 meeting and that the
proposal was for the Cub location only. Egan moved, Gustafson
seconded the motion to approve the application, conditioned upon
compliance with all necessary City requirements.
Member McCrea was concerned about the deviation from the
procedure, and what impact it could have. Mr. Colbert's reply was
that the deviation would take away from the pressure on the
applicant to complete the final plat process and member McCrea
stated she was opposed because of environmental issues and did not
appear to see any other hardships. Councilman Egan answered that
the project had been given intense scrutiny and the developer
intends to proceed with the platting process.
Mr. McHale noted that the Cub will not close on the purchase of
the parcel until the final plat is approved.
Egan voted yes; Ellison, Wachter, McCrea and Gustafson voted no.
KINDER CARE ADDITION - PROJECT #530 - HEARING
The next public hearing convened by the Mayor concerned water
main improvements to the Kinder Care Addition under Project #530.
Tom Colbert opened the discussion and Mark Hanson reviewed the
feasibility reports prepared by Bonestroo, Rosene, Anderlik and
Associates. He reviewed the assessments and the total cost and the
area to be covered. There were no objections.
Wachter moved, Gustafson seconded the motion to close the
hearing, to approve the project and to authorize the preparation of
plans and specifications and acquisition of easements through
condemnation if necessary. All voted affirmatively.
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DAKOTA COUNTY RECYCLING SUBCOMMITTEE - APPOINTMENT
Mr. Hedges indicated that Brenda Marshall had volunteered as an
appointee to the County Recycling Subcommittee. Upon motion by
McCrea, seconded Wachter, it was resolved that Brenda Marshall be
appointed as a member of the Recycling Subcommittee. All members
voted yea.
EAGAN/ISD #196 - JOINT FIELD USE AGREEMENT
Two revised Agreements between Independent School District #196
and the City of Eagan covering softball diamonds, tennis courts and
other public facilities on property owned by the City and also the
Eagan High School property, were submitted by Ken Vraa who was
present. He explained the changes and also introduced Tom Wilson,
the principal of the Eagan High School who was the project
coordinator. The recommendation of the staff was approval, and upon
motion by Gustafson, seconded Wachter, it was resolved that the
agreements be approved and authorized to be executed. All voted in
favor.
KENNETH WASON/UNIVERSAL BUILDERS - WAIVER OF PLAT
OAKWOOD HEIGHTS ADDITION
The application of Kenneth Wason of Universal Builders for
waiver of plat for Lot 3, Block 2, Oakwood Heights Addition for a
duplex lot split came next to the Council. Mr. Hedges briefly
explained the application and there was discussion whether the
building had been constructed on the lot. McCrea moved, Egan
seconded the motion to approve the application, subject to the staff
making certain that the final survey has been completed and
approved. All voted in favor. R-88.24
WILLIAM & JoANNE STASSEN - TEMPORARY MOBILE HOME
STEININGER PROPERTY - LONE OAK ROAD
An application of William and JoAnne Stassen for special permit
for temporary mobile home at 670 Lone Oak Road on the Joseph
Steininger property was brought to the City Council. Dale Runkle
backgrounded the application and noted that a request from the
Stassens was approved in 1986 for one year with certain conditions
and was denied in 1987 and a new application has now been submitted
for 1983 covering April through October. Mr. Stassen was present
and stated that the request was for a 5th Wheel travel trailer to be
located during the construction season while he is working for
Steininger Construction, and that in 1987 it was an oversight not to
submit an application.
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No complaints had been registered from neighbors and noting the
hardship and the fact that the trailer would not be close to other
residential owners, Wachter moved, McCrea seconded the motion to
approve the request covering the period through October 1, 1988 with
the understanding that Mr. Stassen could apply in 1989 and the
Council will make a decision at that time, including whether any
changes had taken place. All voted in favor.
JOHN J. YOUNG - HALLEY'S 1ST ADDITION - VARIANCE REQUEST
An application of John J. Young for variance for Lot 3, Block 2,
Halley's 1st Addition for curb and gutter and paving requirements
and the 100 foot rear yard setback from an Agricultural district
came next to the Council. City Planner Dale Runkle noted that the
Land Use Plan designates the site as Single Family and the area
surrounding Halley's Addition is zoned Agricultural. The proposal
was to construct a 48 foot by 176 foot pole barn on Lot 3 which
would be used for leased storage space by a single tenant. The
structure meets all setback requirements except the 100 foot rear
yard setback when on industrial site abuts an Agricultural zoned
district.
Mr. Young was present and noted there are four or five business
buildings in the subdivision and argued that the lot was unbuildable
adjoining an Agricultural use. He also stated that the grade could
change on the road when the road is improved, there is some
potential liability for the curb and gutter installation, the City's
snowplows could not see the curb and suggested that the curb and
gutter be installed when the street is improved. He admitted, upon
question, that he could install a smaller building that would meet
the variance setback requirements.
Councilman Egan stated that he saw no hardship for the setback
but possibly for the curbs and asked whether the Council should
continue to allow industrial development in the subdivision when it
is designated D-I. Member McCrea also could find no hardship and
was concerned about the unsightliness of pole barn usage.
Mayor Ellison suggested the Council should not encourage
industrial growth where the property is guided for residential use.
Earl Morotzky, the owner of the land to the east, appeared and
said he had no objections but requested that a night light be
installed for safety purposes. Bill Lomas, an owner of a
neighboring lot, recommended approval and that the 10 foot setback
should be allowed in the industrial area.
Egan moved, McCrea seconded the motion to deny the request for
setback variance but to approve the variance for curb and gutter
which would tend to promote longer term industrial use and may also
promote industrial use of the land to the east based upon the fact
that there did not appear to be a hardship for the variance. All
voted yes.
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HOSFORD ADDITION - PRELIMINARY PLAT
An application of John and Karen Hosford for rezoning for
Hosford Addition and preliminary plat containing 4 lots relating to
their property on Deerwood Drive in the southwest quarter of Section
22 next came to the Council. Dale Runkle, Director of Planning,
described the application and noted the proposal was in conformance
with the City's most recent Land Use Plan. The Advisory Planning
Commission recommended approval at its March 29, 1983 meeting. The
site is heavily wooded with very steep slopes and the staff
recommended elimination of the outlot that would allow a connection
to the unplatted property to the west. The Mayor asked whether a
looped road would be possible and the answer was that there is steep
terrain and also there would be severe tree loss. A temporary
turnaround was also suggested in the event that the owner to the
west develops in the future.
Karen Hosford was present and talked about the private easement
to the west lot line and it was suggested that it be in the form of
an easement rather than an Outlot to prevent possible tax forfeiture
in the future.
Wachter moved, Gustafson seconded the motion to approve the
application for rezoning from A (Agricultural ) to R-1. All voted
yes.
Egan then moved, McCrea seconded the motion to approve the
application for preliminary plat for the reasons recommended by the
Advisory Planning Commission, including the following:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
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5. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
6. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
7. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
8. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
9. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
10. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
11. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
12. The existing home shall change its address to reflect the
new cul-de-sac name.
13. Outlot A shall be eliminated and the street right-of-way
width for Lots 2 and 3 shall be a minimum of 50 feet.
14. The well and septic system shall be abandoned to City
standards.
15. City staff shall work with the owner and property owners to
the west to determine whether a cul-de-sac should be constructed on
the Hosford property or a stub street with a turn-around on the
Fritz property, or a cul-de-sac on to the Fritz property. An
easement to the west property line to allow for future street
connection appeared to be the most favorable design.
All councilmembers voted affirmatively.
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NORTHVIEW ELEMENTARY SCHOOL - ISD #196 - PRELIMINARY PLAT
The application of ISD #196 for preliminary plat approval for
Northview Elementary School covering the Northview Elementary School
Addition consisting of two lots on the north side of Diffley Road
east of Lexington Avenue was then examined. The plat contains a
total of 39.23 acres with the school on 16.18 acres of Lot 1. Lot 2
is proposed for recreational fields and the purpose of the plat is
to clean up the description. The APC recommended approval at its
meeting on March 29, 1988. Staff recommended the platting of the
entire parcel as one lot to eliminate the requirement for public
access from each lot. It was noted that the Dakota County Highway
Department has restricted access along the north side of County Road
30 and discussions had been held with County representatives
regarding the access points.
Eagan High School Principal Tom Wilson, appeared and noted the
original intent was to build only recreational fields on the balance
of the site, but agreed to platting the property. He also indicated
that the District will work with Dakota County and may have to build
an access road farther to the east at a later time. The drainage
issues have been resolved, according to Mr. Wilson.
Councilmember McCrea asked whether the City Council can assist
in the access issue, and Mr. Wilson answered that it may be best to
have two access points farther apart than at present.
Gustafson moved, Wachter seconded the motion to approve the
application for preliminary plat with the conditions that were
imposed by the Advisory Planning Commission as follows:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
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April 19, 1988
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
7. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
8. A detailed landscape plan shall be submitted on the proposed
grading plan and approved by staff prior to the final plat approval.
The financial guarantee shall be included in the Development
Contract and not released until one year after the date of
installation.
9. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
10. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
11. The City, County and School District shall pursue
resolution of the access issue on Diffley Road.
12. The parcel shall be platted as one lot as agreed by the
developer.
13. The staff shall review possible access and parking for the
ball parks and the requirements of the Joint Powers Agreement.
14. All pathways shall be constructed to standards acceptable
for passage of emergency vehicles.
All councilpersons voted yes. See Plat File
COUNTRY HOLLOW 2ND ADDITION
COMP GUIDE, REZONING & PRELIMINARY PLAT
An application of Progress Land Company for Comprehensive Guide
Plan amendment from D-II to D-I, rezoning from A (Agricultural) to
R-1 (Single Family), and preliminary plat approval of Country Hollow
2nd Addition was brought to the Council for its consideration. Dale
Runkle noted that the Advisory Planning Commission recommended
approval with conditions. He reviewed the application noting 32
lots were being proposed on 13.53 acres and also discussed the
streets accessing from the plats.
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April 19, 1988
Warren Isrealson of Progress Land Company was present and
answered questions of the Council.
Mayor Ellison questioned about the access to the north and it
was noted the report does require the developer to build the street
to the north plat line. He complimented the developer on reducing
the density from D-II.
McCrea moved, Gustafson seconded the motion to approve the
application for Comp Guide revision to D-I. All voted aye.
Egan moved, Wachter seconded the motion to approve the rezoning
from A (Agricultural) to R-1 (Single Family). All members voted
yes.
McCrea then moved, Egan seconded the motion to approve the
application for preliminary plat, with the following conditions,
recommended by the Advisory Planning Commission:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
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April 19, 1988
7. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
8. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
9. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
10. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
11. The storm sewer proposed in the northeasterly portion of
the site is required to be directed to the pond in the northwest
corner of Block 2.
12. Street right-of-way and street construction is required to
the plat boundaries including the stub street to the north.
13. Retaining walls or slope easements from neighboring
properties shall be required so that minimum 3:1 slopes are
maintained in all areas of the plat.
14. The 12 inch trunk sanitary sewer in the First Addition
shall be extended to the northerly boundary of the property.
All councilmembers voted positively.
BRIDLE RIDGE 2ND ADDITION - PRELIMINARY PLAT & VARIANCE
An application of Sienna Corporation for rezoning of 166 acres
to PD R-1 and preliminary plat containing 251 lots and variance for
cul-de-sac in excess of 500 feet for Bridle Ridge 2nd Addition came
to the Council for its review. The Advisory Planning Commission
recommended approval of the applications with certain conditions.
Dale Runkle was asked to detail the applications and mentioned that
an EAW is being prepared because there are more than 150 lots within
the plat. He also reviewed the site including Bald Lake, containing
approximately 10 acres which is a general development lake within
the City Shoreland Ordinance. All lots meet R-1 Code minimum
requirements and the project will be constructed in four phases.
There was a question concerning the tying of the park space and the
common open spaces into the first phase, and the recommendation was
made by Mr. Runkle and by City Attorney Paul Hauge, that there be
undivided interests in each of the outlots so that the City will
avoid potential tax forfeiture and maintenance costs.
14
Council Minutes
April 19, 1988
Mike Black of James Hill and Associates was present as was Rick
Packer and Rod Hardy for Sienna Corporation. The average lot size
according to Mr. Black is 17,000 square feet with an average width
of 98 feet and there would be 1.5 units per acre gross with 1.7
units per acre net without streets. There would be a trail system
leading to the Eagan High School site, and Mr. Black noted that two
cul-de-sacs exceed the 500 foot ordinance maximum length.
Mr. Packer stated that the developer agrees with the conditions
and mentioned that the outlots will be natural areas and no trails
would be included within them. The proposal is to dedicate the lake
and no park credit would be given for that property or the outlots.
Mayor Ellison asked Mr. Hardy whether variances will be needed
for any of the lots and Mr. Hardy's answer was that he was not aware
of any, and further indicated that the price, size and nature of the
lots will be up-scaled in relation to the First Addition.
Mr. Hedges asked if there is consistency in the type of housing
within the specific areas and Mr. Hardy answered yes, with the
highest test lots around and north of Bald Lake. Mayor Ellison
commended the developer in down-scaling the density and Councilman
Wachter asked whether the Soil and Water Conservation District
recommendations would be followed. Mr. Packer answered in the
positive and stated that the developer is working with the SWCD
regarding its recommendations.
Wachter moved, Gustafson seconded the motion to approve the
rezoning to R-1 PD. All members voted yes.
Egan then moved, Wachter seconded the motion to approve the
application for preliminary plat, subject to the following
conditions, including the approval of the requested cul-de-sac
variances:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
15
Council Minutes
April 19, 1988
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
8. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
9. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
10. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
11. All Shoreland ordinance lot requirements shall be adhered
to.
12. Horses shall be allowed on the Hall property until the
final phase of development occurs.
13. The EAW process shall be completed and approved prior to
the final plat submission.
14. The existing home shall change its address when the 3rd
phase of development occurs.
15. The Hall homesite shall connect to City water and sewer
when the 4th phase of development occurs.
16. A revised grading, erosion/sediment control plan addressing
the soil resource, water quality and erosion/sediment control
concerns identified in the attached memo from Dakota County Soil and
Water Conservation District is required for review and approval by
staff prior to grading permit issuance or final plat approval.
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Council Minutes
April 19, 1983
17. No alteration of the existing and previously identified
drainage patterns in Bridle Ridge and Lexington Square Additions
will be allowed.
13. The appropriate emergency overland drainage routes are
required.
19. Proposed storm sewers in the south intersection of Street P
and Street N and the intersection of Street M and Street I are
required to be designed based on a 100-year design.
20. The development is required to incorporate, but is not
limited to, the detail street, utility, and ponding design
requirements as identified in the staff report.
21. All points where storm water is directed off-site, into
pond areas or outlots need to be provided with an appropriate
perimeter control measure.
22. Temporary sediment basins may be required during the phases
of grading. Temporary basins are required if the drainage area for
a discharge point is greater than 5 acres in size.
23. This site contains many steep and long fill slopes.
Seeding these slopes quickly after rough grading will be required.
Erosion control matting shall be used on steep slopes where straw
mulch cannot be mechanically anchored. Some of the fill slopes are
proposed below the water elevation of storm water ponding areas.
These slopes will be a problem to stabilize because the fill may be
under water for several hours or days. The plan shall address how
this issue can be resolved.
24. Storm sewer inlet filters may be required after the
utilities are constructed. The proposed design of inlet filters and
the catch basins to be protected shall be on the plan.
25. If construction work is going to venture into the water of
the storm water ponds on this site, then a floatable silt curtain
shall be used. This practice reduces sediment transport into the
ponds during the filling procedure.
26. Areas disturbed by utility construction shall be seeded and
mulched and be specified on the plan.
27. Construction routes shall be located on the plan and a
drawing shown that details the design to be used.
28. The title to the outlots shall provide for undivided
ownership with all lots in the subdivision, with title in a form
acceptable to the City.
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Council Minutes
April 19, 1988
29. The developer shall receive a partial park dedication
credit for the greenway between Northview Park Road and Bald Lake as
follows:
**25% credit based on all land above the high water level
of the pond.
**l00o credit for all land with less than 12% slopes.
30. 8 foot wide bituminous trail link shall be constructed on
the north side of Northview Park Road - from the Bald Lake/Northview
greenway to the intersection at Braddock Trail.
31. The plat or grading shall be revised to provide additional
width above the high water level for a trail connection within the
Bald Lake/Northview Road greenway and within Park #3.
32. The developer shall receive no parkland dedication credit
for the Bald Lake dedication located below the normal water level.
All lots abutting Bald Lake shall be platted to the normal water
level. The developer shall receive 25% credit for the .65 acre
dedication of shoreland.
33. The developer shall provide a park cash dedication
contribution on the remaining lots.
34. Subject to legal review by the City Attorney's office, the
developer shall be provided the opportunity to transfer a park
dedication credit for a portion of the Bridle Ridge - lst Addition,
considered the Hall property, towards this plat.
35. Also, the Hall property shall be subject to a future cash
dedication.
36. The Hall property, Sienna Corporation, and the City shall
enter into a written agreement to this effect, if it is approved.
All members voted in the affirmative.
See Plat File
STRATFORD OAKS ADDITION - PLANNED DEVELOPMENT AMENDMENT
REZONING AND PRELIMINARY PLAT
The application of D. H. Gustafson and Ken Applebaum for
rezoning from R-2 to Planned Development district and amendment to
the Eagan 40 PUD to provide for an apartment unit complex covering
proposed Stratford Oaks Addition, was next considered by the City
Council members. The Advisory Planning Commission recommended
approval with certain stipulations. The City Planner was asked to
review the application providing for rezoning of 1.9 R-2 zoned acres
within the Thomas Lake Heights Addition to Planned Development
18
Council Minutes
April 19, 1983 F
district and amendment to the Eagan 40 PUD to include a total of 328
rental apartment units. Mr. Runkle reviewed the history of the
Eagan 40 Planned Development and noted that the current proposal in
relation to the proposal submitted in 1987 provides for a greater
number but smaller buildings. A private drive is proposed south
from Diffley and public east-west street as the interior collector.
A 1.9 triangular parcel at the southeast would be included in the
project and it is expected that the small 2.2 acre parcel at the
northeast corner east of Thomas Lake Road would be included in the
development to the east. An additional six units would be added
because of the additional 1.9 acres, totaling 323. The net density
of 322 units plus 16 for the northeasterly portion is more than the
current proposal.
Dan Gustafson was present as was Dan Dolan on behalf of the
applicant. Mr. Gustafson noted the 100 foot drop from the southwest
corner to the bottom of the depression and the proposal is to leave
all the existing trees in excess of 5 to 6 inch caliper intact. The
depression area will be preserved for temporary storm ponding. The
proposal is to move the buildings as far north as possible to
maintain a greater setback from the south line and also to preserve
the steep slopes. Buildings would be 10 feet closer to the east-
west street than allowed under the ordinance and a variance would be
required. An evergreen buffer is proposed along the south to screen
the buildings from the townhouses south of the plat. All exterior
parking will be within the courtyard area so that headlights won't
shine in the townhouses to the south and the plan is to start at the
north parcel along Diffley Road. Some units are similar to the
Parkside project near Yankee Doodle Road and some are similar to the
Forest Ridge development on Duckwood and Denmark.
Mayor Ellison was concerned about the storm drainage in the
depression and long term sediment deposits. Mr. Colbert recommended
approval of the temporary pond use with a 12 inch storm outlet and
there were further questions regarding the adequacy of the outlet.
Another issue of concern by councilmembers was the quality of
the exterior of the buildings, including brick and cedar. Mr.
Gustafson stated that 60% would be brick and the balance of the
cedar siding would be aesthetically pleasing. The east-west street
is proposed to be completed in 1989 and the north-south in 1988.
There will be a single plat but phased construction over a
period of approximately 25 months. Councilman Egan questioned
whether there was lack of notice regarding the variance along the
street and it was noted that the Advisory Planning Commission had
reviewed the issue and had made a recommendation including the
variances.
Councilman Wachter was concerned about soil erosion control and
there were no objections to.the project.
19
Council Minutes
April 19, 1988 17' 7
Wachter moved, McCrea seconded the motion to rezone the property
to approve the application for rezoning of the 1.9 acre parcel to
R-1 PD. All voted in favor.
Egan moved, McCrea seconded the motion to approve the
application for preliminary plat including the recommendation of the
APC and the variances for building setback from the public east-west
street, noting the greater buffer from the south and the slope
retainage, subject to the following conditions:
1. A revised erosion control plan to be approved by the City
shall be submitted prior to the grading permit being issued.
2. The development shall provide for 60% exterior brick
coverage on the building and the staff shall negotiate with the
developer concerning the quality of the remainder of the exterior of
each building.
3. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
4. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
5. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
6. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
7. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
8. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
20
Council Minutes
April 19, 1988
9. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
10. This development shall ensure that all temporary dead end
public streets shall have a cul-de-sac constructed in accordance
with City engineering standards.
11. All internal public and private streets shall be
constructed within the required right-of-way in accordance with City
design standards.
12. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
13. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
14. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
15. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
16. The landlord/owner shall make each potential renter aware
of the William Brothers pipeline through the renter's Lease.
17. One covered parking stall shall be included with the rent.
18. A negative declaration on the EAW shall be determined prior
to the final plat submission.
19. All trash shall be contained in each unit until the day of
pickup.
20. All site generated runoff shall be directed to the proposed
centrally located ponding area prior to the discharge into the
public storm sewer system.
21. All roof top runoff from the proposed buildings along the
edges of the development shall be routed to the proposed centrally
located ponding area.
22. Proper water main looping and extension to the westerly
adjacent property is required.
23. The detail design for the centrally located ponding area is
required to address both quantitative as well as qualitative
requirements and limited to a 1 CFS outflow rate.
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Council Minutes
April 19, 1988
24. No lighting shall be allowed for the tennis courts.
25. The concerns of the Soil, Water and Conservation District
herein shall be addressed.
26. Variances for 60 foot setbacks from the east-west road
shall be allowed.
27. The following general criteria shall be addressed in the
final grading, drainage and erosion control plan:
a. Several areas that have storm water drainage directed
off-site will require more than a silt fence as perimeter control.
More details need to be provided about the retaining walls proposed
throughout the site. Timing of retaining wall construction also
should be addressed.
b. Sediment basin specifications need to be provided on
the plan and preliminary construction schedules that reflect when
trapping measure will be installed.
c. The plan does not specify how storm water will outlet
from the storm water pond along Diffley Road. If this enters a
ditch outlet system the adequacy of the conveyance system needs to
be analyzed.
d. If filling or other construction activity ventures
below the water level in a pond, then a floatable silt curtain shall
be used and specified on the plan.
e. All anticipated ingress and egress points shall be
shown on the plan.
f. A contact person shall be identified on the plan who
will handle erosion control questions. Note #10 on the plan
indicates home builders will be responsible during the building
phase. Since this is not in keeping with Eagan's guidelines, the
note shall be removed from the plan.
28. The developer shall receive the equivalent of 1.9 acres,
which is 18.24 units, as credit towards the parks dedication
responsibility.
29. The developer shall receive a cash dedication credit of
$6,000.00 for the proposed on-site amenities.
30. The developer shall provide a cash dedication as determined
by the City.
31. The developer shall at its cost provide a trail along
Thomas Lake Road and County Road #30.
All councilmembers voted yes.
22
Council Minutes
April 19, 1983
CRYSTAL PONDS ADDITION - PRELIMINARY PLAT
The application of Asp Construction Company for preliminary plat
approval for Crystal Ponds Addition was continued by action of the
City Council, until the next regular meeting.
See Plat File
TOWN CENTRE 100 6th ADDITION - PRELIMINARY PLAT
COMP GUIDE AMENDMENT & CONDITIONAL USE PERMIT
Consideration then was given to the application of Federal Land
Company for comprehensive Guide Plan amendment from LB to CSC,
Planned Development, preliminary plat approval and conditional use
permit for day care facility in a CSC district for the proposed Town
Centre 100 6th Addition. The Advisory Planning Commission
recommended denial at its last meeting for reasons described in its
minutes. Dale Runkle outlined the proposal on the 7.9 acre parcel
currently designated LB on the development plan and proposed CSC use
to provide for a shifting of CSC uses from the east side of the
Waterview Tower and the Edina Realty property east of the Town
Centre Professional Bldg. to the proposed location for the 6th
Addition. CSC uses allow office uses and questions that arose
include compatibility of the adjacent parcels. A court reporter was
present for the applicant.
Martin Colon of Federal Land Company appeared and stated there
are three buildings on the 100 acre parcel at the present time. He
requested an exchange of zoning for the 6.4 CSC parcel and 1.5 acre
CSC parcel from Retail to LB uses. The proposal would include a
Treasure Island children's store and day care center which are
committed. The building would include white stucco exterior with
coordinated sign design.
A petition signed by 160 Eagan residents and a petition of Town
Centre merchants in favor of the project were submitted.
Mr. Jim Benshoof, traffic consultant for Federal Land Company,
the architect for the.project, and Gary Hoffman of Treasure Island
were present. The retail development would improve the air quality
in the entire area according to Mr. Colon. He also explained that
the construction of the Waterview Tower changed the CSC use for the
northern area and it was logical to change to LB on the east side of
the building. Two 12-story towers originally were proposed for the
subject parcel so there may be less square feet under the proposal.
23
Council Minutes
April 19, 1983
~•'k.~, S tag
Jim Benshoof detailed his traffic analysis including diagrams
showing the trading of 70,000 square feet of retail and the transfer
of 20,000 square foot of retail from the Edina Realty parcel and
70,000 from the CSC portion, east of Waterview to the subject
property. 20 fewer trips at the intersection of Yankee Doodle and
Pilot Knob Road resulted on a peak hour basis and on a peak 8 hour
basis, there would be 14 fewer trips, according to Mr. Benshoof.
There is no change in the relative air quality and he stated that
the Pollution Control Agency representative agreed with his
analysis.
Bob Pope, the architect, showed the design which included
basically a strip center but angled buildings tied together by a
signage band. No variances will be requested.
Gary Hoffman of Treasure Island stated the location has been in
St. Louis Park for 40 years and that he felt that Eagan had good
demographics and visibility.
Mark Tarrin of Kid's Kingdom Child Care stated there is a strong
need for child care in Eagan and the proposal is for a full-time
educational child care designed for retail shopping center
locations.
Member McCrea stated that child care can also be located in LB
zoned areas. Mayor Ellison asked about the distance relating to the
apartment project to the south and Mr. Colon answered that the
developer would install a substantial berm and tree barrier along
the rear portion of the shopping center, as well as on the south
side of the office complex, adjacent to the residential property to
the south.
Member McCrea asked City Attorney Paul Hauge whether a legal
precedent would be developed if swapping takes place. Mr. Hauge's
answer was yes, there would be a precedent whenever swapping would
occur, but its weight in Court in the event it is used in a future
dispute could not be determined with as great certainty. Mr. Runkle
stated that offices are permitted in a CSC district so that it may
not be appropriate to do the swapping.
Councilman Egan noted that there are no designated retail uses
being transferred from the northerly parcel. Mr. Colon indicated
that the ISP has an allocation for retail of 70,000 square feet to
the northeast and 5,000 to 6,000 square feet of retail restaurant in
the northwest parcel.
Councilman Wachter stated that there does not seem that anyone
is adversely impacted and favored the plan. Councilman Egan agreed.
24
Council Minutes
April 19, 1988
Mayor Ellison asked whether the child's store would be a viable
use in the northeast location and Mr. Hoffman stated he had not
considered that location. The proximity to the existing center and
the day care are important to Treasure Island. There is a 2 1/2
acre pond along the south line and Mr. Colon stated he planned to
install a trail to the east, along the south property location.
Mike Wasom who lived near Fish Lake, was concerned about the
durability of the stucco and the distance of walking around the
front of the mall. Other persons in favor of the project, including
Nick Kakos appeared, and Arnold Pessis the owner of the Celebration
Party store in Town Centre. He mentioned the merchants in the
center were unanimously in favor of the project.
Egan moved, Wachter seconded the motion to approve the
application for revision to the Comp Guide Plan. Councilman
Gustafson noted the Advisory Planning Commission's opposition and
suggested breaking up the sign board tie-in, but generally favored
the project. Runkle was asked the reasons for the Advisory Planning
Commission's recommendation for denial and he stated that he
understood that the reasons included the fact that there was a large
amount of CSC in the Town Centre area. All members voted yes.
McCrea moved, Gustafson seconded the motion to approve the
application for rezoning including the Planned Development revision,
subject to a Planned Development Agreement amendment being executed.
All voted in favor.
Egan moved, Gustafson seconded the motion to approve the
application for conditional use permit for day care center in a CSC
district. All voted yes.
Egan moved, Wachter seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
25
Council Minutes
April 19, 1988
4. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
5. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
6. A detailed landscape plan shall be submitted on the proposed
grading plan and approved by staff prior to the final plat approval.
The financial guarantee shall be included in the Development
Contract and not released until one year after the date of
installation.
7. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
8. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
9. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
10. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
11. An updated planned development land use plan that
incorporates the reconfiguration of the road layout shall be
submitted and approved by the City.
12. All trash shall be contained within the building.
13. A maintenance agreement and cross easements shall be
reviewed by the City Attorney's office.
14. An overall signage package shall be submitted and all
signage shall conform to the Town Centre sign agreement unless
specific variances are requested. All signage shall be subject to
the one-time sign fee of $2.50 per square foot.
15. The loading bays shall be suitably screened.
16. Rooftop mechanical equipment shall be suitably screened.
17. All four sides of the building shall be constructed with
the same material.
26
Council Minutes
April 19, 1988
18. All site runoff shall drain to Pond DP-23.
19. Appropriate water main looping is required.
All voted positively.
EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION - PRELIMINARY PLAT
AND CONDITIONAL USE PERMIT
The application for preliminary plat approval for Eagandale
Center Industrial Park 10th Addition by Opus Corporation covering
23.61 acres of Light Industrial containing two lots and conditional
use permits for Knox Lumber facility with outside storage on Lot 1,
Block 1, and a pylon sign and a special permit for fence over 6 feet
were brought to the Council for its review. The Advisory Planning
Commission recommended approval of the applications with certain
conditions attached to the plat.
Mr. Hedges introduced the application and Dale Runkle relayed
the background including the APC and Council review, at which time
it was proposed that a conditional use permit rather than a rezoning
of the property, be recommended to the applicant for the
construction of the Knox Lumber facility. The detailed grading and
drainage were important issues and a berm recommended by the staff
would be within the MnDOT right-of-way. He understood that MnDOT
had agreed to issue the berm permit within I-35E right-of-way.
Bob Worthington of Opus Corporation was present as was an
architect for Knox Lumber, Truman Howell. Marc Anderson of Opus
also appeared. All agency approvals had been granted, according to
Mr. Worthington, and Mr. Howell described the proposal in some
detail. He noted there would be outside storage including two areas
of covered storage and there would be adequate screening with 10
foot wood fences on the south and north lines. The building would
be pre-cast concrete with vertical wood panels. A request was also
made by Mr. Worthington for grading of the site if the preliminary
plat is approved.
One of the important issues- was the drainage on the south lot
and it was proposed that a portion of the southerly pond be filled
in but the high water level would not change and it would consist of
open space for the entire area. The smaller pond on the east
receives discharge from property east of Lexington and Mr.
Worthington requested a decision on behalf of the City regarding the
usage of that pond and drainage into it. He was asked whether more
water would go into that pond with construction of the Knox Lumber
project and he stated only a small amount.
27
Council Minutes
April 19, 1988
Councilman Egan asked about interconnecting the existing berming
along the freeway and it was noted that there are some existing
berms which would then become continuous. Lighting spill-off was
another issue and it was noted that the lighting was designed to
remain on the site and if there are any complaints regarding
lighting, that revisions would be required in the future.
Jack Walsh, the VP of operations for Knox stated that a walkie-
talkie system would be used in the yard but that Knox would minimize
its use.
Mayor Ellison questioned the water discharge into the easterly
pond and Mark Anderson stated the problem is that there is a County
drainpipe from the east below the level of the large pond and would
require expensive redesign to allow gravity outflow and was not
economically feasible.
Councilman Egan questioned about the debris from the lumber yard
into the pond and it was understood that the drainage had been
designed to avoid undesirable debris.
Vernon Cole of 2977 So. Lexington, living adjacent to the east
pond, appeared and stated that that pond always holds water and he
was concerned with the south pond and the recommendation whether the
14 inch outlet from that pond was adequate. He questioned who
would be responsible for water damage in the future and Paul Hauge's
answer was that fault would have to be determined if there is
negligence, but that normally water can flow from one property owner
to another, provided no damage is improperly created. Questioning
who would pay for storm drainage cost Mr. Colbert answered that
normally assessments would be against benefitted property. He also
attempted to answer whether the 14 inch pipe was adequate and he
stated that it conforms with the current plan but future revised
plans may require a larger outlet.
There were concerns also about filling a part of the pond and
Mr. Colbert stated that he understood more capacity for drainage
would be provided by grading of the site. He also mentioned it was
his opinion the 14 inch overflow would give sufficient capacity to
handle the drainage. Councilman Wachter suggested possible
additional dredging of the south pond when Lot 2 is developed.
t4r. Cole objected to filling in the quarter to half an acre and
also objected to outside speakers. He asked whether a chain link
fence would surround the entire site and it was understood that it
would come up to the edges of the building. His other concern was
about lights shining south but it was noted there would be a berm
generally along the south side of the Knox project.
28
Council Minutes
April 19, 1983
Harlan Bloom, the owner at the northwest corner of Lexington and
Lone Oak objected to the rezoning, the conditional use permit and
the use of retail on the site. He had been told that his property
would not be allowed to be rezoned to Commercial and also objected
to additional traffic on Lexington Avenue.
Marvin Post, whose mother owns an adjoining parcel, objected to
any storm sewer assessments and stated that MnDOT should have paid
the additional storm drainage cost. Mr. Colbert answered that MnDOT
does not pay for such drainage and Mr. Post suggested enlarging the
south pond. A request will be made to the DNR for a permit for
additional excavation of the pond to increase the capacity for
drainage.
Egan moved, Wachter seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
7. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
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Council Minutes
April 19, 1988
8. A detailed landscape plan shall be submitted on the proposed
grading plan and approved by staff prior to the final plat approval.
The financial guarantee shall be included in the Development
Contract and not released until one year after the date of
installation.
9. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
10. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
11. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
12. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
13. No exterior sales displays shall be allowed.
14. No exterior loudspeaker advertising shall be allowed.
15. Permanent exterior storage shall be no higher than nine
feet.
16. All signage shall be subject to the one-time sign fee of
$2.50 per square foot.
17. No rooftop mechanical equipment shall be visible.
18. All permanent cart storage shall be included in the
building.
19. All pole lighting shall be directed inward or cut offs
shall be required if off-site spillage occurs.
20. Screening along Highway I-35E shall be resolved through the
efforts of MnDOT, City staff and the applicant, with berming being
the preferred resolution, making the storage yard not visible from
the north or south bound I-35E.
21. No additional runoff into or any reconfiguration of the
pond on the east side of Lot 2 will be allowed.
22. The development will be required to provide sanitary sewer
and water service to each platted lot.
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Council Minutes
April 19, 1988 t.
23. The development is responsible for providing the properly
sized water main service and hydrant coverage as required by fire
protection criteria, City Codes and engineering standards.
24. The development will be responsible for providing
restricted access along the entire length of Lone Oak Road and the
entire length along Lexington Avenue except for one access point
along the common lot lines between Lots 1 and 2.
25. The 10 foot wood fence and dense landscaping shall be
provided on both the northerly and southerly borders of the
property.
26. Additional drainage capacity shall be provided to
compensate for the reduction in size of the south pond.
All voted in favor except Gustafson who voted no.
McCrea moved, Egan seconded the motion to approve the
application for special permit for the fence over 6 feet up to 10
feet in height. All voted in favor.
McCrea moved, Egan seconded the motion to approve the
application for conditional use permit for retail lumber facility in
an I-i district. All voted yes.
The application for conditional use permit for pylon sign was
upon motion by Egan, seconded McCrea, was approved. All voted in
favor. It was understood that the request for site grading could be
approved by the staff administratively, subject to compliance with
all City requirements.
LEGAL SERVICES CONSIDERATION
The City Administrator announced that the City Council had been
scheduled to make a decision on appointing City Attorney for
General, Special and Prosecution services at the regular meeting on
April 19, 1988. He briefly explained the background of the RPF's
including the proposals that were submitted by various law firms.
He announced that the City Council has not had adequate time to
review reference checks and recommended a delay until the May 3,
1988 meeting to make the final decisions. Egan moved, Gustafson
seconded the motion to accept the recommendation and delay the
decision making until May 3, 1988. All members voted yes.
PUBLIC IMPROVEMENT CONTRACTS
1. Wescott & Northview Park Roads - Surfacing - Contract $88-3.
Upon motion by Gustafson, seconded Wachter, it was resolved that the
low bidder, Bituminous Roadway, Inc. in the sum of $428,241.21 be
awarded the contract for Contract #88-3. All councilmembers voted
yes.
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Council Minutes
April 19, 1988
2. Briar Oaks of Apple Valley - Contract #88-14. The bids for
the trunk storm sewer and sanitary sewer Contract #88-14 for Briar
Oaks of Apple Valley was submitted and the low bidder was F. F.
Jedlicki, Inc. in the sum of $190,064.00. The second low bidder was
Fredrickson Excavating Co., Inc. in the sum of $222,390.00. Upon
evaluating the bids, the City's consulting engineering firm was
contacted by the low bidder F. F. Jedlicki, Inc. informing the City
of substantial errors in its bid and requested that it be allowed to
withdraw and for a return of its bid bond. The consulting engineer
and public works director recommended that the second low bidder,
Fredrickson Excavating, Co., Inc. be awarded the contract, noting
Jedlicki would not have been the low bidder had it not made the
errors.
Upon motion by Wachter, seconded Gustafson, it was resolved that
the bid of Fredrickson Excavating Co., Inc. be approved and the
Contract be awarded. All voted yes.
3. Manor Lake - Contract #88-9. The plans have been prepared
by the consulting engineer for Contract #88-9 consisting of trunk
utilities in the Manor Lake Addition. Upon motion by McCrea,
seconded Wachter, it was resolved that the plans be approved and
that the Clerk be authorized to advertise for bid opening to be held
at 10:30 a.m. Thursday, May 12, 1983 at the City Municipal Center.
All voted in favor.
4. Well #5 - Pump Repair - Contract #88-19. The bids have been
received for Contract #88-19 consisting of pump repair for Well #5.
McCrea moved, Gustafson seconded the motion to approve the low bid
of Mark J. Traut Wells, Inc. in the sum of $11,490.00 and authorize
the Mayor and City Clerk to execute all related documents.
EAGAN ARBOR DAY RESOLUTION
It was recommended the resolution proclaiming April 23, 1988 as
Arbor Day and the month of May as Arbor Month in the City of Eagan
be approved. Upon motion of Gustafson, seconded Wachter, it was
resolved that the recommendation for the Resolution be approved.
All voted affirmatively.,..
POLICE DEPARTMENT - DATA ENTRY CLERK
Upon recommendation of the staff and upon motion by Gustafson,
seconded Egan, it was resolved that Kathleen Moilanen be hired as
the data clerk for the Police Department subject to successful
completion of the City's physical examination requirement. All
members voted in favor.
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Council Minutes
April 19, 1988
SEASONAL DRAFTSPERSON
The Park Planner recommended that a seasonal draftsperson be
hired and upon motion by Egan, seconded Wachter, it was resolved
that the City Administrator be authorized to approve the hiring of
the seasonal draftsperson for the Parks Department. All voted yes.
BOARD OF EQUALIZATION MEETING
At 6:30 p.m. on Tuesday, May 10, 1988, the Board of Equalization
will meet at the City Hall.
POLICE STATION - WORK STATION AREAS
CITY HALL BASEMENT - REMODELING
Tom Hedges explained to the City Council that the Police
Department has asked to remodel the dispatch room because of dust
effecting the computer and also creating minor respiratory problems.
$10,000.00 was estimated and it was requested that the
Administrator's office review the possibility of an air purifier.
He also announced that the basement remodeling had a budgeted amount
of $55,000.00 and an estimated cost of $60,000.00 including
bathroom. The general consensus of the Council was to proceed with
the improvements with the source of additional funding to be
determined.
LYMAN LUMBER COMPANY
City Planner Dale Runkle announced that Lyman Lumber Company had
requested a location for a sales and office showroom with
approximately 5,000 square feet of office/retail and 15,000 square
foot warehouse. Several locations were discussed within the City.
CITY COUNCIL MEETINGS
Councilman Wachter suggested that if Council agenda items are
expected to be lengthy, that the Council schedule a separate meeting
night to accommodate such purposes. The Council generally tends to
avoid additional meetings but discussed the possibility of limiting
the time of presentations at City Council meetings by members of the
public and applicants.
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Council Minutes
April 19, 1938
r^.ia
CARL TOLLEFSON VS. CITY OF EAGAN
Councilman Egan asked Assistant City Attorney Kevin Eide, who
was present, what the status of the Tollefson vs. City of Eagan
action was. Mr. Eide explained that a great deal of discovery has
taken place and he recommended that after completion of discovery,
that a motion for Summary Judgment be brought by the City.
BYRON WATSCHKE - EROSION CONTROL
Member McCrea asked about the status of the investigation of the
Byron Watschke property and the Safari Addition, noting that there
had been heavy erosion on a vacant lot within the subdivision. The
staff will continue the investigation.
MISCELLANEOUS DISCUSSION
Other items of discussion included direction of the staff to
review proposals for acquisition of the Caponi site, sequence of
traffic signals on certain streets within the City, for the
completion of the traffic signals at Pilot Knob Road and 4494, the
pole barn on Dodd Road that continues to be operated for business
purposes, and the number of women being hired for non-traditional
jobs in the City.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the following
checklists: Dated March 31, 1988 in the amount of $2,036,172.87,
and also checklist dated April 19, 1988 in the amount of
$534,695.45. All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:40 a.m. All voted in favor.
Mayor Ellison announced an Executive Session with the City
Attorney to discuss the proposed settlement of the O'Neil lawsuits
immediately following the regular City Council meeting.
PHH
Cit lerk
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