05/20/1992 - City Council RegularIF
MINUTES OF A REGULAR MEETING OF THE
EAGAN, .CITY COUNCIL
Eagan, Minnesota
May 20,1992
A regular meeting of the Eagan City Council was held on Tuesday, May 20, 1992, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
N "M .....................
City Administrator Hedges said that there are two final plats on the Administrative Agenda and it was
suggested that these plats be considered at the time of the Consent Agenda even if they are pulled for further
discussion.
Pawlenty moved, Wachter seconded a motion to approve the agenda for the May 20, 1992,regular City
Council meeting with the addition of the final plat for School District 196's Elementary School #17 and for the
Oak Cliff 6th Addition. Aye: 5 Nay: 0
........................
Pawlenty moved, McCrea seconded a motion to approve the minutes of the May 5, 1992,regular City
Council meeting as presented. Aye: 5 Nay: 0.
McCrea moved, Pawlenty seconded a motion to approve the minutes of the May 5, 1992,special City
Council meeting as presented. Aye: 5 Nay: 0
Fire Chief Ken Southorn outlined the Eagan Fire Department Explorer Post #572's receipt of the Boy
Scouts of America Indianhead Council Cluster Award for their accomplishments in the field of firefighting. Post
Advisors Dale Nelson and Ron Meiers were present as well as Explorers Anja Mueller (Assistant Post Chief),
Brianne Mueller, Brett Fierce and Brian Sportelli. Mr. Nelson made special note of Post Chief Nick Taylor's
receipt of an individual award for public speaking. The Mayor and members of the City Council added their
congratulations to the Explorers.
)P A>.
CITY CLERK /CANVASS BALLOTS FOR MAY 19, 1992, BOND REFERENDUM
McCrea moved, Pawlenty seconded a motion to approve the canvassing of the ballots for the May 19,
1992, bond referendum for an arena /swimming pool project. A copy of the balloting breakdown is attached as
Exhibit A. Aye: 5 Nay: 0
A. Personnel Items
Item 1. Seasonal Street Maintenance Workers --It was recommended that the hiring of Ben Anderson,
Jay Laramy and Jamie Witt be approved.
Item 2. Temporary Part -Time Clerical Technician /Finance Department -It was recommended that the
hiring of Louella Stoll as a temporary part -time clerical technician in the Finance Department be approved.
Item 3. Seasonal Recreation Employees - -It was recommended that the hiring of the following seasonal
employees be approved:
Recreation Assistants
Recreation Leaders
Rachel Collingham
Holly Confer
Britta Gilbert
Lei Lani Dick
Shannon Haugh
Kristi Edlund
Heather Kjos
Lynne Hockford
Eva L'Herault
Kathy McNeil
Kimberly Larson
Shannon Stire
Melanie Mesko
Julie VandeWalker
Krista Murtfeldt
Kristin Weeklund
Rebecca Peglow
Julie Beecher
Robin Stublefield
Joan Smebakkan
Amanda White
Lori Anger
Angela Orton
Gary Anger
Mary Kill
Tova Embretson
Kimberly Murphy
Douglas Stanton
Rec Program Asst
Greg Siwek
Christopher Fischer
Jill Gruenke
Item 4. Seasonal Park Maintenance Workers - -It was recommended that the hiring of Duane Barton,
Paul Szurek, and Joseph Wilcox as seasonal park maintenance workers be approved.
B. Recommendation. Airport Relations Committee, Dual Track Airport Planning Process.
Environmental Scoping Document Comments
It was recommended that the Airport Relations Committee recommendation with respect to
environmental scoping document comments be approved for the dual track airport planning process.
C. Proclamation, Burnsville /Eagan Public Access Volunteer Appreciation Day
It was recommended that the proclamation, naming May 30, 1992, as Burnsville/Eagan Public Access
Volunteer Appreciation Day be approved.
R -92.36
D. Proclamation, Pause for the Pledge of Allegiance. June 14, 1992
It was recommended that June 14, 1992, be proclaimed as Flag Day in the City of Eagan and that all
citizens of Eagan be urged to pause at 7:00 p.m. EDT on that date for the 13th annual pause for the Pledge of
Allegiance to the Flag. R-92.37
E. Resolution, Application for Minnesota Lawful Gambling Premises Permit, Minnesota Valley Humane
Society. LaFonda's
It was recommended that a resolution to permit the Minnesota Valley Humane Society to conduct
charitable gambling operations on the LaFonda's De Los Lobos premises be approved.
R -92.38
. r
Page 3 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
F. Receive Bids. Award Sale. Large CaRacily Mower. Parks & Recreation Department
It was recommended that the bids be accepted and a contract for purchase of a large capacity mower
awarded to M.T.I. Distributing, Inc.
G. Contract 91 -03. Change Order #2 for Elrene Road
It was recommended that Change Order #2, Contract 91 -03 (Elrene Road) be approved and the Mayor
and City Clerk authorized to execute all related documents.
H. Contract 92 -05. Receive Bids /Award Contract (Woodlands North 2nd Addition, Yankee Doodle
Road & Wilderness Ponds - Utilities
It was recommended that the bids for Contract 92 -05 (Woodlands North 2nd Addition, Yankee Doodle
Road & Wilderness Ponds - Utilities) be rejected and authorization given to resolicit bids by combining it with
other projects.
ve
Contract 91 -06, Receive Bids /Award Contract (Eagandale Center Industrial Park 3rd Addition -
It was recommended that the bids for Contract 91 -06 (Eagandale Center Industrial Park 3rd Addition -
Overlay) be awarded to McNamara Contracting Company and the Mayor and City Clerk authorized to execute
all related documents.
J. Project 622, Receive Report /Order Public Hearing (Cedar Industrial Park - Overlay
It was recommended that the feasibility report for Project 622 (Cedar Industrial Park - Overlay) be
received and the public hearing scheduled to be held on June 16, 1992.
K. Vacate Public Right of Way. Receive Petition /Schedule Public Hearing (Trails End Road)
It was recommended that the petition to vacate the east half of Trails End Road south of Cedar Street
be received and a public hearing scheduled to be held on June 16, 1992.
L. Final Plat. Town Centre 100 10th Addition
It was recommended that the final plat for Town Centre 100 -10th Addition be approved as presented.
R -92.39
M. Final Plat, Autumn Ridge 2nd Addition
It was recommended that the final plat for Autumn Ridge 2nd Addition be approved as presented.
R -92.40
N. Resolution. Nitti Disposal Temporary Conditional Use Permit
It was recommended that consideration of a resolution for Nitti Disposal's temporary Conditional Use
Permit be continued to the June 2, 1992, regular City Council meeting.
Page 4 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
O. Project 634, Receive Petition /Order Feasibility Report (Streetlights - Lakeside Estates & Cedar
Grove 7th Addition
It was recommended that the petition be received and a feasibility report prepared for Project 634
(Streetlights - Lakeside Estates & Cedar Grove 7th Addition).
P. Stipulation of Settlement. City of Eagan vs Meritor Development
It was recommended that the stipulations of settlement be approved in the matter of the City of Eagan
vs Meritor Development as presented. R -92.41
Q. Final Plat. Elementary School #17
It was recommended that the final plat for Elementary School #17, Independent School District #196,
be approved.
R -92.42
R. Final Plat. Oak Cliff 6th Addition
It was recommended that the final plat for Oak Cliff 6th Addition, Federal Land Company, be approved
subject to the receipt of the cross parking easement and letter of credit in a form acceptable to the City (See
Exhibit B). R -92.43
McCrea moved, Pawlenty seconded a motion to approve the Consent Agenda with the addition of Item
Q, Final Plat, Elementary School #17 and Item R, Final Plat, Oak Cliff 6th Addition. Aye: 5 Nay: 0
JOINT MEETING CITY COUNCIL /APC
A joint meeting of the City Council and the Advisory Planning Commission will be held on May 26,
1992, with the major agenda item to be the discussion of billboards in the City of Eagan. City Councilmember
Wachter will not be able to attend that meeting but wished it recorded that he is not in favor of any billboards
and believes they should be banned completely. Councilmember McCrea said she believed this to be more a
planning issue than an actual billboard issue.
BL�1ERt�T�S
EAGANDALE BOULEVARD AND LONE OAK ROAD
INTERSECTION RECONSTRUCTION & SIGNALIZATION
Mayor Egan introduced this item as Project 631, Eagandale Boulevard and Lone Oak Road Intersection
Reconstruction and Signalization. Director of Public Works Colbert said that a letter had been received from
one property owner regarding a request for continuance of this item. Mr. Colbert said that he had talked to the
owner of the LeMay Lake Apartments and had resolved the concerns. He said the property owner would not
be present at the public hearing and no longer had any objections to the project.
Assistant City Engineer Mike Foertsch explained the project and the properties proposed to be assessed.
He said 96 % of the project will be fmanced by the City and County. Director of Public Works Colbert said
Page 5 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
Project 631 is in compliance with the County and City five -year capital improvement programs and indicated that
Dave Zeck from the County . Engineer's office was present to answer any questions.
Mayor Egan noted that it was unusual for City staff to prepare the feasibility report for this project.
Director of Public Works Colbert said as time and expertise allow, City staff will be doing more and more of
the City projects and noted the cost savings of doing the feasibility reports in- house. Mayor Egan asked if the
City was insured for that type of work and Director of Public Works Colbert noted that as professional engineers,
staff would be covered.
Marsha Easton, 1360 Lone Oak Road, was the first to offer public testimony. Ms. Easton said she had
attempted to obtain a final feasibility report but was unsuccessful until the afternoon of May 19. She also
indicated that she was not notified of the meeting on April 21 regarding this project. Ms. Easton then went on
to dispute the benefit to her property and complained of the amount and type of runoff that would be emptying
into the ponding area on her property. She indicated she would like to see an Environmental Impact Statement
done before any further damage is done to her property.
Director of Public Works Colbert said that the property owners were not individually noticed for the
April 21 meeting as that action was only to set the public hearing. Mr. Colbert said the Eastons were being
assessed for street improvements because they take direct access onto Lone Oak Road and had never been
assessed previously for street improvements. He noted that the other homeowners in the area had either paid
or prepaid assessments for street improvements relating to other projects. In addition, water service will also
be brought to the property and while the homeowner may not choose to hook up to the improvement, the
property benefits from its availability. The Director of Public Works then went on to explain the City's water
quality program and the efforts being made to protect the City's ponds and lakes. He added that this project
did not meet any of the criteria or requirements for an Environmental Impact Statement. Discussion then turned
to the load limit capacity of this improvement, however it was noted that the Easton would only be assessed for
the residential equivalent.
After answering a number of questions from Jim Easton, 1360 Lone Oak Road, Mayor Egan pointed
out that this was a feasibility hearing to determine whether the project is feasible from an engineering and
financial standpoint. He noted that property owners would have another opportunity to discuss the amount of
the assessments at the assessment hearing. Director of Public Works Colbert explained the City's uniform
assessment policy but said they do attempt to look at unique properties and handle them on.an individual basis.
After further discussion, Pawlenty moved, Awada seconded a motion to close the public hearing and
approve Project 631(Eagandale Boulevard and Lone Oak Road - Intersection Reconstruction /Signalization) and
authorize the preparation of detailed plans and specifications.
After the motion was made, City Attorney Sheldon said it may be appropriate to continue the public
hearing to the June 2, 1992, regular City Council meeting as the feasibility report may not have been available
for a long enough period. Director of Public Works Colbert said that the schedule for Project 631 is very critical
because of its combination with four other projects. He said there would be an economy of savings just because
it would be included with other projects. The City Attorney then suggested that the project could be approved
conditionally with a report to the City Council at their May 26, 1992, special meeting.
The motion was then clarified as: Pawlenty moved, Awada seconded a motion to close the public
hearing and approve Project 631 (Eagandale Boulevard and Lone Oak Road - Intersection
Reconstruction /Signalization) conditioned upon a report from the City Attorney as to whether the City had met
all legal requirements for notification and information and authorize the preparation of detailed plan and
specifications. Aye: 5 Nay: 0
Page 6 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
JOHNNY CAKE RIDGE ROAD (OVERLAY)
Mayor Egan introduced this item as Project 623, Johnny Cake Ridge Road Overlay. Assistant City
Engineer Mike Foertsch explained the project and noted that the project was proposed to be financed 100 %
with municipal state aid funds.
McCrea moved, Wachter seconded a motion to close the public hearing and approve Project 623 (Johnny
Cake Ridge Road - Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay-
0
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RATIFICATION ORDINANCE AMENDMENT /SIGN MORATORIUM
Mayor Egan introduced this item as a Ratification of an Ordinance Amendment Relating to the Sign
Moratorium. City Administrator Hedges said that this was essentially a technical requirement and that an
ordinance amendment needed to be approved for reinstitution of the moratorium. Mr. Hedges said that if the
ordinance amendment was approved, the Council would need to select a date on which the moratorium would
expire and the number of additional months allowed for any extension of the moratorium. He suggested that
six months may be appropriate and added that the timeframe could always be rescinded or extended.
Councilmember Wachter asked about federal standards for billboards as outlined in recent legislation.
Director of Community Development Runkle said he believed that federal standards dealt with the amortization
of existing billboards. He noted that if a billboard is on private property, it is up to cities to regulate. Mayor
Egan said his primary concern regarding billboards would be in relationship to Cedarvale and encouraging
business in that area. Councilmember McCrea suggested that the intent of the moratorium was to look at the
billboard issue seriously and then determine if any more billboards are desired and if so, where.
After further discussion, McCrea moved, Awada seconded a motion to approve the ordinance
amendment to Eagan City Code Chapter 4 entitled "Construction, Licensing, Including Signs, Excavation, and
Mobile Home Parks" by adding Section 4.31 regarding advertising signs and declaring a moratorium on certain
development within the City. With the approval of the ordinance amendment, the moratorium will expire on
December 1, 1992, with the opportunity for additional extension to December 31, 1992.
Councilmember McCrea did not suggest a longer extension, as she did not wish to tie a future City
Council to the actions of this Council. Councilmember Pawlenty also wished it noted that he would continue
to abstain from taking any formal action involving billboards.
Aye: 4 Nay: 0 Abstain: 1 ( Pawlenty)
XIIE'$
COUNCIL CHAMBERS AUDIO/VIDEO REMODEL
Mayor Egan introduced this item as the Authorization for Electronic Interiors Proposal for the Council
Chambers Audio /Video Remodeling. City Administrator Hedges provided a brief background on Electronic
Interiors Inc.'s proposals for audio /video improvement in the City Council Chambers. Mr. Hedges said these
improvements were intended to enhance communications and the involvement of residents in local government.
He went on to say that all improvements would be paid for with franchise fees.
Page 7 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
Mayor Egan said that he had met with Burnsville Councilmember Glenn McKee to discuss the pros and
cons of their similar audio /video enhancements. Mayor Egan said that Burnsville was very pleased with their
system.
Dick Stewart and Kate O'Reilly, of Electronic Interiors Inc., were present to answer any questions. It
was the general consensus of the Council that Level 2 was the preferential system. In answer to a question from
Councilmember Pawlenty, Mr. Stuart indicated that the total project cost for the renovation proposal included
their consulting fees.
After further discussion, Egan moved, McCrea seconded a motion to approve authorization for the
audio /video remodel of the City Council Chambers as outlined in the Electronic Interiors' proposal for Level
1 and 2 improvements as presented. Aye: 5 Nay: 0
VARIANCE /BIRCH PARK ADDITION
Mayor Egan introduced this item as a Variance for Norman and Bonnie Johnson of 10 Feet to the Front
yard Setback off Deerwood Drive for Lot 14, Block 6, Birch Park Addition. Director of Community
Development Runkle explained the application and noted that the variance was requested because of severe
topography and the desire to save a number of mature oak trees. The Johnsons were present to answer any
questions.
McCrea moved, Wachter seconded a motion to approve a variance of 10 feet to the required 40 foot
setback along Deerwood Drive for Norman and Bonnie Johnson for property at Lot 14, Block 6, Birch Park
Addition as presented noting the hardship as severe topography and the saving of mature oak trees on the
property. The variance shall be subject to the following conditions:
1. No other variances shall be granted for this lot.
2. All other applicable City Codes.
Teresa Fritz, representing a number of neighbors, said that when her home and others in the area were
built, there were covenants and restrictions which kept building in the area to large lots and larger homes. Ms.
Fritz said the proposed home is very small at 1,600 square feet and the neighbors are concerned. She also
indicated that the neighbor to the west questioned how close building would be to his lot and whether or not
some of his trees would be damaged in construction. Director of Community Development Runkle said the
sideyard setbacks are up to code and no variance to sideyard setbacks are required.
Norman Johnson, the applicant, said the home is greater than 2,000 square feet and is a two-story with
a three -car garage. He said he had met a number of his neighbors and indicated that Mr. Patrick's oak trees
are 20 feet from the property line. He said they have been very careful to protect the mature oak trees on the
property and will lose two under the present design. He noted, however, that five or more trees would be lost
if the home were moved further to the east to meet setbacks. He reiterated that the topography of the lot is
very severe.
Aye: 5 Nay: 0
Page 8 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
VARIANCE /MALLARD PARK 3RD ADDITION
Mayor Egan introduced this item as a Variance for Roger Salen of 20 Feet to the 50 Foot Setback on
Johnny Cake Ridge Road for Lot 49, Block 2, Mallard Park 3rd Addition. Director of Community Development
Runkle, after a brief overview of the application, indicated that another variance had been approved for property
to the south, also on the basis of severe topography.
It was noted that Mr. Salen had a number of financial concerns regarding financial hardships which
would occur if he were unable to obtain a variance. Mayor Egan pointed out, however, that only the physical
nature of the property and not financial concerns were taken into consideration when considering variances.
Mayor Egan said he would support the application based upon the severe topography of the lot.
After further discussion, McCrea moved, Wachter seconded a motion to approve a variance of 20 feet
to the required 50 foot setback along Johnny Cake Ridge Road for Roger Salen for Lot 49, Block 2, Mallard
Park 3rd Addition and subject to the following conditions:
1. No other variances shall be granted for this lot.
2. All other applicable City Codes. '
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING /PRELIMINARY PLAT
LEXINGTON POINTE 8TH ADDITION
Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Lexington Pointe 8th
Addition /James A. Curry & C. David Schenkel, Changing the Land Use Designation of Approximately 65 Acres
from CPD (Commercial Planned Development) to D -I (Single Family Residential, 0-3 units /acre), a Rezoning
of Approximately 65 Acres from CSC /PD (Community Shopping Center /Planned Development) to R -1 PD
( /Single Family Planned Development) thereby Amending the Lexington South Planned Development, and a
Preliminary Plat Consisting of 167 Single Family Lots and Six Outlots on 80.4 Acres Located in the Southeast
Corner of Lexington Avenue and Diffley Road in the Northwest Quarter of Section 26. City Administrator
Hedges said the item had been before the April 28, 1992, meeting of the Advisory Planning Commission and
they had recommended approval.
Director of Community Development Runkle explained the development and its location. He noted that
the property presently carries a commercial zoning, however after a market study the applicants believe a single
family designation would be more appropriate. Mr. Runkle said that the development to the east is a single
family development with lot sizes ranging from 10,500 square feet to 12,000 square feet and the average lot size
in the Lexington Pointe 8th Addition is somewhat above 12,000 square feet. Mr. Runkle indicated that the
applicant is asking for 5 foot and 5 foot sideyard setbacks rather than the 10 foot and 5 foot setbacks that are
required in the City Code. A meeting was held with the applicant on May 20 regarding preliminary plat
conditions and Mr. Runkle believes they have reached agreement on all conditions including the alignment of
the esplanade, a 90 foot right -of -way for the esplanade, 26 feet of interior open space down the center of the
esplanade, and a right turn from Diffley into the project. He noted that the street would not be developed at
this time, however, easements would be provided. Mr. Runkle went on to note that the Lexington Pointe
Parkway design standard had not yet been agreed upon.
Councilmember Pawlenty asked for the percentage of lots under 12,000 square feet. Jack Buxell, the
architect, indicated that out of the northern 89 lots which are being developed by Mr. Schenkel, 33 were under
. 44
Page 9 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
the 12,000 square foot minimum. He said of the southern 78 lots /24 were under that figure. The
Councilmember also asked how many lots in the subdivision would require a variance for the sideyard setbacks
and was told that all would. Councilmember Pawlenty then asked how many lots would have to be eliminated
from the project to bring the project up to code and Mr. Buxell said he estimated they would lose 10 to 15
percent of the lots if they went according to the City Code on width and lot size.
James Curry, Bob Engstrom and Jack Buxell then each made brief remarks and Mr. Engstrom presented
slides of similar projects. Mr. Engstrom indicated that a 26 foot wide street for Lexington Pointe Parkway would
be adequate but acknowledged the City Engineering staff's preference for a 36 foot wide street.
Mary Beth Lamar, a resident who lives at 4420 Hamilton Drive, and Mike Parrish, a builder, both added
their support for the project and the need for homes in this particular price range.
Mayor Egan agreed that this property was not an appropriate location for a commercial center as
originally proposed. He said the property had to go to another purpose and he saw qualitative features with the
development even if variances and deviations from standards were needed. Councilmember Wachter expressed
a number of concerns regarding the number and length of the cul -de -sacs. Additional questions were asked
regarding the length of the cul -de -sacs and Director of Public Works Colbert said that the original ordinance
governing the length of cul -de -sacs was in place because of public safety concerns. He added, however, that
public safety personnel had not experienced the problems they anticipated when the ordinance was adopted.
Councilmember McCrea then asked Director of Public Works Colbert if parking were prohibited and
no direct access were permitted on Lexington Pointe Parkway, whether a 32 foot roadway would be adequate.
Director of Public Works Colbert said that the City Code provides for a 36 foot road standard for a
neighborhood collector but if the City Council believed the width should be reduced, it would be within their
prerogative to do so.
Mayor Egan said there had not been a subdivision in Eagan in the past 3 to 5 years that had offered
homes in this market range and noted that the topography of the property did not lend itself to a higher market.
The Mayor also indicated it was not the size of the lot but the quality of the development that should be at issue.
Councilmember Wachter was concerned about the necessity of a 5 foot variance on every lot as well as
permitting lots below the lot width and square foot minimum. He questioned how many variances to the City
Code were being proposed and he indicated he could not support this development. Councilmember Pawlenty
agreed saying he would support the rezoning and the comprehensive guide plan amendment but could not
support the preliminary plat. He said the City Code was in place for a reason and thought this plat required
too many exceptions. Councilmember McCrea pointed out that this would not be the first small lot subdivision
in Eagan and reiterated that it should be the quality of the development, not the size of the lot, that is
considered. Mayor Egan then made note of quality safeguards in the subdivision with a homeowners' association
and an architectural review board. Councilmember Awada said she would support the preliminary plat, however,
only with a 36 foot wide roadway.
After further discussion, Wachter moved, McCrea seconded a motion to approve a comprehensive guide
plan amendment changing the land use designation of approximately 65 acres from CPD (Commercial Planned
Development) to D -I (Single Family Residential, 0-3 units/ acre). Aye: 5 Nay: 0
McCrea moved, Awada seconded a motion to approve a rezoning of approximately 65 acres from
CSC /PD (Community Shopping Center/ Planned Development) to R -1 PD (Single Family /Planned
Development), thereby amending the Lexington South Planned Development. Aye: 5 Nay: 0
Page 10 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
Awada moved, Egan seconded a motion to approve a preliminary plat consisting of 167 single family
lots and six outlots on 80.4 acres located in the southeast comer of Lexington Avenue and Diffley Road in the
northwest quarter of Section 26 subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall
be complied with:
Al, Bl, B2, B3, B4, Cl, C2, C3, C5, Dl, El, Fl, Gl, & Hl.
2. The commercial lots shall provide landscape plans on grading plans indicating terming adjacent
to the residential properties.
3. The one -way street is proposed to be 16' wide.
4. The side yard setbacks of 5' shall be allowed on each side. No other variances shall be
approved for this plat.
5. A variance shall be required for the minimum street frontage width for the 18 flag lot.
6. The trail must be installed prior to the installation of landscaping in the median.
7. The Lexington Pointe Parkway plan shall include a 42" black chain link fence in a staggered
design with gates and shall be landscaped.
8. A Homeowners' Association shall be formed and covenants shall be provided to the City prior
to final plat.
9. No accessory structures or storage along the rear 20' of the lots.
10. Trees shall be permitted 7' from the back of the curb.
11. Pond JP -50 shall be final graded and restored in accordance with the City's erosion /sediment
control standards with this development and the grading of the pond shall be sized to meet the
storm water management plan's design standards.
12. To meet water quality requirements for this development and the future outlots of Lexington
Pointe 8th Addition, Pond JP -50 shall have a minimum surface acreage of 1.4 acres, minimum
wet pond volume of 7.7 acre -feet, and an average depth of at least 5.7 feet below the normal
water level.
13. The stub streets and the utilities in the stub streets shall be constructed to the outside edge of
the plat by this development.
14. Lexington Pointe Parkway shall be constructed with concrete curb and gutter with a width of
44 feet face -to -face and the right -of -way width shall be 80 feet.
15. No driveway access will be allowed to the stub streets proposed on the westerly edge of the
development.
16. Both north and south access points will line up.
Page 11 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
17. A four way stop at Lexington Pointe Parkway and Pointe Esplanade will be proposed.
18. The Pointe Esplanade will have a 90' right of way and 20' sideyard setbacks with no driveway
access.
19. City staff will support a right turn lane from Diffley Road in the commercial area. A
street /utility type easement to serve the commercial will be placed on the plat. Eagan Center
road will not be required with the plat.
20. The trail along Lexington Pointe Parkway will be on the south side for the entire length of the
development.
21. The road width for Lexington Pointe Parkway will be 36'.
Aye: 3 Nay: 2 (Wachter and Pawlenty) R -92.44
REZONING /PRELIMINARY PLAT
LAKEVIEW TRAIL ADDITION
Mayor Egan introduced this item as a Rezoning, Lakeview Trail Addition /Shamrock Development, of
Approximately 19.5 Acres from AG (Agricultural) to an R -1 (Single Family) District and a Preliminary Plat
Consisting of 35 Lots Located East of Dodd Road, South of Todd Avenue in the North Half of Section 36. City
Administrator Hedges said the item had come before the Advisory Planning Commission at their April 28
meeting and they had recommended approval. Director of Community Development Runkle explained the
application and noted that an area of concern had been the amount of ponding, however, the applicant was now
providing two water quality ponds. The developer was present to answer any questions.
After further discussion, McCrea moved, Awada seconded a motion to approve the rezoning of
approximately 19.5 acres from AG (Agricultural) to an R -1 (Single Family) district. Aye: 5 Nay: 0
Awada moved, McCrea seconded a motion to approve a preliminary plat consisting of 37 lots located
east of Dodd Road, south of Todd Avenue, in the N 1/2 of Section 36, subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall
be complied with:
Al, B1, B2 ,B3,B4,C1,C2,C5,D1, El, F1,G1 &Hl.
2. Shoreland zoning setbacks of 50' minimum along Pond LP -26, Lots 18 -23, Block 1.
3. Lots abutting Dodd Road shall have a 40' minimum setback. All lots abutting Trunk Highway
#3 shall have a 50' minimum setback. The driveway for Lot 9, Block 1, shall be a minimum
of 75' from the Trunk Highway #3 R.O.W. line.
4. No driveway access shall be permitted from Trunk Highway #3 or Dodd Road.
5. Pond LP -26.1 which will be located on Lots 18 and 19 of Block 1 shall provide a maximum
discharge rate of 1 cfs, a minimum surface area of 0.28 acres at the normal water level, 0.71
acre -feet of storage volume below the normal water level and at least 2.5 feet in average depth.
Page 12 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
6. Pond LP -26.2, which shall be located in the northeast comer of the site, shall provide a
maximum discharge rate of 1 cfs, a minimum surface area of 0.26 acres at the normal water
level, 0.68 acre -feet in wet pond volume and 2.5 feet in average depth at the normal water level.
7. This development will be responsible for extending the storm sewer that drains Todd Avenue
in the Manor Lake 4th Addition to the NWL of Pond LP -26.2.
8. The grading plan shall be revised to show a 30 foot buffer zone along the north edge of Pond
LP -26 that shall not be disturbed.
9. The sanitary sewer through this development from Manor Drive to Dodd Road shall be
constructed at minimum grade to provide an invert elevation of 913.7 at the Dodd Road/
Lakeview Trail intersection.
10. The developer shall petition the City to construct water main on Dodd Road from Lakeview
Trail to the existing 16" water main on Cliff Road and to construct sanitary sewer and water
lines along the west side of Highway 3 from Todd Avenue to the south property line of this
plat.
11. The proposed lots abutting Highway 3 shall dedicate a 30 foot wide utility easement on the final
plat to allow for the extension of sanitary sewer and water main along Highway 3.
12. The development is responsible for providing or financially guaranteeing the acquisition cost
of the easements required for Ponds LP -26, LP -26.1, and LP -26.2.
Aye: 5 Nay: 0
REZONING /PRELIMINARY PLAT /DEERWOOD 2ND ADDITION
Mayor Egan introduced this item as a Rezoning for Deerwood 2nd Addition /Independent School
District #196, of Approximately 23.5 Acres from AG (Agricultural) to PF (Public Facilities) and a Preliminary
Plat Consisting of One Lot for a Middle School Located Along the South Side of Deerwood Drive, West of Pilot
Knob Road in the Southeast Quarter of Section 21. City Administrator Hedges said this item had been before
the Advisory Planning Commission at their April 28 meeting and they had recommended approval. Director of
Community Development Runkle described the application and its location. It was noted that representatives
of the School District were present to answer any questions.
Councilmember Pawlenty said that a call had been received from a resident who was concerned about
the loss of a wetland area and tree stand and did not feel the School District had looked at other alternatives
for the proposed ballfields affecting those areas. Kevin Sullivan, of Wold Architects, first explained the difficulty
in finding 25+ acres on which to build a middle school. In addition, while finding sites is virtually impossible,
when they are found, costs have continued to increase. Councilmember Pawlenty asked if the School District
had looked at all options concerning the trees and the wetland area. Mr. Sullivan said the only way to mitigate
the situation would be to remove one or two ballfields and they did not feel they could do that.
After further discussion, Pawlenty moved, Awada seconded a motion to approve a rezoning of
approximately 23.5 acres from AG (Agricultural) to PF (Public Facilities). Aye: 5 Nay: 0
Page 13 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
Pawlenty moved, Wachter seconded a motion to approve a preliminary plat consisting of one lot for a
middle school located along the south side of Deerwood Drive, west of Pilot Knob Road in the southeast quarter
of Section 21 and subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall
be complied with:
Al, B1 ,B2,B3,B4,C1,C2,C4, El, F1,G1 &Hl.
2. The existing well and septic systems shall be abandoned per Dakota County regulations.
3. The proposed pond to be located in the northeast corner of the elementary school site shall
provide a maximum discharge rate of 3 cfs, a pond storage volume of 3.5 acre feet, a surface
area at the NWL of 9.55 acres and a minimum wet pond volume of 2.1 acre feet.
4. The storm sewer layout in the southeast corner of the site shall be revised to prevent
overburdening of the existing 27" storm sewer that drains Pond BP -4.
5. If filling of the 0.4 acre wetland located in the northwest corner of the site is approved by the
appropriate agencies, then replacement of the wetland surface area will be required on an acre -
for -acre basis.
6. This development will be responsible for extending their driveway access to Thomas Lake
Road /Johnny Cake Ridge Road extension when this neighborhood collector street is
constructed.
7. The utility system on the elementary and middle school site shall be a privately maintained
system.
8. The standing water portion of the storm water treatment pond to be located in the northeast
corner of the site shall be west of the existing 36" trunk storm sewer and 33" trunk sanitary
sewer lines.
9. This development shall dedicate a 40' half right -of -way adjacent to its west property line or
commit to financially participate in an equivalent future right -of -way acquisition for the
extension of Thomas Lake /Johnny Cake Ridge Road.
10. This development shall agree to pay for one -half the street grading, drainage, trailway and
surfacing costs for the future extension of Thomas Lake /Johnny Cake Ridge Road extension
from their south boundary line to Deerwood Drive.
Aye: 5 Nay: 0
A� �1MA`' v> AGEM
..................................... :.:............................
..................................... ...............................
..................................... ...............................
Mayor Egan indicated that Items 1 and 2 of the Administrative Agenda had been addressed earlier in
the meeting.
Page 14 /EAGAN CITY COUNCIL MINUTES y i
May 20, 1992 -j c
CONDITIONAL USE PERMIT /ABRA AUTO BODY
Mayor Egan introduced this item as Reconsideration of the Denial of the Conditional Use Permit for
ABRA Auto Body. City Administrator Hedges indicated that Attorney Peter Beck, representing ABRA Auto
Body, was present.
Peter Beck said that ABRA Auto Body had applied for a building permit and said they would appeal
to the City Council if it were denied. He said his clients wished to make a presentation regarding their
application to the City Council and regretted not having done so at the May 5 meeting. He said he felt confident
that if they had an opportunity to explain ABRA, the City Council would reconsider their decision. Mr. Beck
added that if the auto mall cannot be used for auto - related issues, some direction from the City Council would
be needed. City Attorney Sheldon said it should be noted that at issue was whether ABRA fit the City Code's
definition of an auto service station. Councilmember McCrea asked if there were existing ABRA stores where
she could observe their operations. The applicants indicated they would be happy to provide a list of the ABRA
Auto Body shops in the Twin Cities so she could choose one that was conveniently located.
After further discussion, McCrea moved, Egan seconded a motion to reconsider the May 5 decision by
the City Council with respect to the ABRA Auto Body conditional use permit application and schedule it as an
agenda item on the June 2, 1992, regular City Council meeting agenda. Aye: 5 Nay: 0
Jerry and Carol Thomas of the Diamond T Ranch approached the Council about a building permit for
an addition they are planning to the clubhouse (it should be noted that further building permits cannot be issued
for unplatted property without the approval of the City Council). Director of Community Development Runkle
said his department had been working with the Thomas' regarding the proposed expansion and staff had asked
for a site plan so that the overall plan could be reviewed. He said a conditional use permit granted for a five
year period was the controlling entity on the property. Mr. Runkle said a building permit would be allowed for
the expansion of the existing building only.
After further discussion, McCrea moved, Egan seconded a motion to authorize staff to issue a building
permit for the expansion of the clubhouse on the Diamond T Ranch property. Aye: 5 Nay: 0
REFERENDUM
Councilmember McCrea expressed her disappointment in the outcome of the referendum on May 19,
1992. She said it would have been considerably more constructive to have heard negative comments and issues
before the vote so those concerns could have been addressed. Mayor Egan said he had spoken to George Martin
and Tom Wilson at a Rotary meeting and they are proposing a community committee to act as a sounding board
on community issues. Councilmember Pawlenty suggested a resource person at the Humphrey Institute who may
be willing to work with various community leaders in such an effort.
COUNCIL LIAISON /CAPONI ART PARK
Anthony Caponi has suggested that a liaison be appointed between the Council and other entities
involved in the Art Park development. He recommended Councilmember McCrea or Councilmember Awada
and both have indicated a willingness to accept that role.
Page 15 /EAGAN CITY COUNCIL MINUTES
May 20, 1992
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated April 30, 1992, in the amount
of $854,322.63 and the checklist dated May 19, 1992, in the amount of $498,019.28. Aye: 5 Nay: 0
CONSULTING FEES /AUDIO VIDEO CONTRACT
Councilmember Awada, while apologizing for not raising the question earlier, had serious concerns about
the consulting fees involved in the Council Chambers media system renovation. The Councilmember described
the fees as excessive and after further discussion, the Council directed staff to review the fees. It was agreed that
approving the contract for the renovations would not prevent negotiations for a smaller service fee.
......... ...............................
O>CT1V
The City Council adjourned the regular meeting at 10:30 p.m. on May 20, 1992.
M
CITY OF EAGAN
aL
E. 4anOverbe ke
City Mrk
CITY OF EAGAN
POOL /ARENA REFERENDUM
MAY 19, 1991
Precinct
Yes
No
Blank/
Defective
Total
1
34
168
0
202
2
58
109
0
167
3
21
89
0
110
4
49
125
0
174
5
19
65
0
84
6
40
122
0
162
7
211
246
0
457
8
227
385
0
612
9
46
204
0
250
10
72
176
1
249
11
266
371
2
639
12
279
340
0
619
13
565
546
2
1113
14
115
185
0
300
Total
2002
3131
5
5138
ri
POOL /ARENA REFERENDUM
;K CITY
MAY 19, 1992
OF EAGAN
Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec. Prec.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Total
Registered
Voters- 7.a.m.
792
1906
1239
1281
1671
124E
2507
3767
2038
1814
2977
2232
5668
1647
30,78
Election Day
Registrations
41
3
2
101
0
25
41
11
16
31
31
82
1
27'
Total
Registered
Voters
796
1909
1241
1291
1671
1252
2532
3808
2049
1830
3008
2263
5750
1661
31,06]
Voted
in Person
196
163
106
171
81
161
447
594
242
241
617
603
1088
296
5,000
Voted
Absentee
6
4
4
3
3
1
10
18
8
8
22
16
25
4
13:
Total
Voting
202
167
110
174
84
162
457
612
250
249
639
619
1113
300
5,13E
% Voter
Turnout
25.4
8.7
8.9
13 .5
5.0
12.
18.0
16.1
12.2
13.6
21.2
27.4
19.4
18.1
16.`_
ROBERT L.CROsBY
LE ONARD ?1. .DD;NGTON
ROBERT R. BARTH
N HALTER G RAPF
A' - D. BARNARD
R D A.PETERSON
R, r J. CHRISTIA-NSON, JR
FRA:.x J.WAL7
FRA- *E FOOL
MA RINUS H. VAN PUTTE". •JR.
DA%"ID B. MORSE
J OHN 1.BrRTON. IR.
JAMES C. DIRACLES '_—
ROBERT L. MI ELLER. 7fe
SCOTT D. ELLER
CHARLES C. BEROUIST
G EoRGE 0.LracsE
E. 1--,FAME
GREGORY D. SOULE
CATHY E. GOBLIN
PATRICK B. HENN£SST
TIy OTNY A, SULLIVAN
TAMMY L.PUST
BRI.•v T RICE
TRACY J, \;.,N STEESBT'RGH
DAVID .1. ZI'HHE
STEN'EN R. KRIGER
JAMES P .MICHELS_
PAIL E. Khmi\sKI
i i,
.. .I r ._, 1
BEST 8C F' LAN A GA N
CIN DY J. LARSON
a COl'N
JO HN P. BOYLE
JOHN R. CARROLL
ATT ORNEYS LAh
Ross C. FORM
JAMES D O LSON
AT
C AR" SCRERB GLovE
ROBERT M,
3500 IDS CENTER
SARAB S.GODPREY
!KART E. S HEAREN
ARC HIBALD SPENCER
CHARLES S. BELLOWS
CATHEHI-'E J. COrRTNEY
HARD B. LEWIS
80 SOU TH 8TH STREET
KEITH J. \E
TRACT F. Koc HENDO R TER
1►11NN EAPOLIS. � 55402 - 2113
JEArICE M. REDII:O
SARAH CR IPPEN MAD ISON
RZT I1ED
TELEPHONE 1612 339-7121
ROB ERT D. MASER
LEONARD W. SIMONET
DAVID B.JOHx
TELECOPIER 1612. 339-5897
May 20, 1992
City of Eagan
3830 Pilot Knob Road
Eagan, Alit 55122
A:'TE'J - I Or� : Ma rilyn
Re: Vernon R. Colon /Oak Cliff 6th Addition
Dear i;arilyn:
,t the request of Mr. Sturm, I am enclosing for your attention
the follo"aing relating to the referenced matter:
1. Three copies of Development Contract executed by Developer
and Owners;
2. Three executed copies of waiver of Hearing #379;
3. 'Three executed copies of Scenic Easement.
The onl,, charge in any of these documents from those prepared and
submitted to us by Mike Dougherty, the Eagan City Attorney, is a
change on page one of the Development Contract to change the
identity of the Developer from Federal Land Company to Vernon R.
Colon d /b /a Cedar Cliff Management and a corresponding change on the
signature page. I am enclosing a copy of my letter to Mr. Dougherty
by which I have advised him of this change.
As far as I am able to determine, Mr. Colon has now provided to
the City all documentation which the City has requested concerning
this plat except a certain Parking Cross Easement and the
Irrevocable Letter of Credit, in the face amount of $138,293,
required by paragraph 12 of the Development Contract. Neither of
these items is disputed. Unfortunately, Mr. Colon has been called
away on business and has not been able to attend to these two
items. He will be back next Monday and will deliver both of these
items as soon as possible. In the meantime, we understand that any
approval given this evening is to be conditional upon the receipt of
the cross Easement and Letter of Credit in form acceptable to the
City.
13E ,- , - T & I' LANA6A\
City of Eagan
Page 2
May 20, 1992
I will be present at the Council meeting this evening to answer
any questions which staff or council may have.
BEST & FLANAGAN
j
Robert R. Barth
RRB:dpr:77890
Enclosures
DELIVERED BY MESSENGER
cc: Vernon R. Colon, w/o encl.
James Sturm, w/o encl. (By Fax)
Michael G. Dougherty, w/o encl. (By Fax)
Thomas A. Egan, w/o encl. (By Fax)