09/07/1993 - City Council Regular
00273
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
September 7, 1993
A regular meeting of the Eagan City Council was held on Tuesday, September 7, 1993, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also
present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director
of Public Works Tom Colbert, and City Attorney James Sheldon.
City Administrator Hedges requested an amendment to the Consent agenda to include Contract 93-14,
Receive Plans and Specifications/Authorize Advertisement for Bids, Wescott Commons Park Development. The
Council agreed to the amendment.
Awada moved, Masin seconded, a motion to adopt the agenda for the September 7, 1993, regular City
Council meeting as amended. Aye: 5 Nay: 0
Councilmember Hunter recommended the following correction to the minutes of the regular meeting
of August 17, 1993:
Page 9, 2nd to Last Paragraph, 1st Sentence should read: 1M r Loren Peterson .....hh neighbors. .
Councilmember Awada also recommended a correction to the minutes of the regular meeting of August
17, 1993:
Page 14, Paragraph 3, Sentence 2, instead of "Hamlin University," it should read, "Concordia College."
Awada moved, Wachter seconded, a motion to approve the minutes of the August 17, 1993, regular City
Council meeting as presented. Aye: 5 Nay: 0
After noting no changes, Awada moved, Wachter seconded, a motion to approve the minutes of the July
27, 1993, special City Council meeting as presented. Aye: 5 Nay: 0
After noting no changes, Wachter moved, Awada seconded, a motion to approve the minutes of the
August 17, 1993, special City Council meeting as presented. Aye: 5 Nay: 0
DEPARTMENT ` HEA 'B U 'S'
POLICE DEPARTMENT/REQUEST FOR ORDINANCE AMENDMENT
PRIVATE FIRING RANGE
Mayor Egan introduced this item as a request to change City ordinance to permit a private firing range.
City Administrator Hedges explained the request and why it required City Council action. John Lachenmayer,
the applicant, said he was making the request because he was a member of a hunting club and cited the relative
expense of a commercial firing range. He said he would answer any questions.
The majority of the City Council had immediate safety concerns, especially regarding the ability to keep
projectiles within the confines of a cinderblock, walkout basement. Mayor Egan said that while he believed Mr.
Lachenmayer would take every precaution, ordinances had to be written for all applicants, not just individuals.
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September 7, 1993
He added his concerns about the precedent that would be set. Mr. Lachenmayer suggested that the City Council
require applicants to have additional classes in gun safety, etc., and that applications be considered on a case by
case basis. He reminded the City Council that he had no immediate neighbors and that his property was zoned
CSC (Community Shopping Center).
Chief of Police Geagan stated his safety concerns and indicated the process for such applications would
be difficult to police. Councilmember Masin asked if it were possible for someone to have built a range without
the City's knowledge. Chief Geagan said it was possible but unlikely in a, residential area.
Wachter moved, Hunter seconded, a motion denying a change in the City Code to permit a private firing
range within the City. Aye: 5 Nay: 0
POLICE DEPARTMENT/REQUEST FOR ORDINANCE AMENDMENT
INDOOR SPLATBALL
Mayor Egan introduced this item as a request to change City ordinance to permit indoor splatball. City
Administrator Hedges stated that if the land use is approved for this item, there is no provision in the City Code
that currently permits the discharge of an airgun within the City limits. He further stated that if the Council
directed a change in the ordinance, it would probably be the first meeting in October before such a change is
researched and returned for Council's consideration.
Councilmember Masin asked about the safety issues of the "game" and the violent message it sends.
Councilmember Awada suggested that business insurance would handle the safety aspects but did not think
judgments regarding the violent message was the appropriate role of the Council.
Mayor Egan and Councilmembers Hunter and Wachter were pleased to see more activity and possibly
more traffic in the Cedarvale area as long as there were no health, safety or welfare problems. With respect to
the Conditional Use Permit, Mayor Egan asked if the permit could be approved for a particular number of years
and if at the end of that time there were health, safety, or welfare concerns, whether the permit could be
revoked. City Attorney Sheldon said that if health, safety, or welfare problems could be established, approval
could be withdrawn.
Jim Nordberg, the applicant, described the facility and some of its safety rules. He said safety has always
been a major priority and noted that their rules exceed national safety standards.
Because the applicant currently runs Splatball Indoor at North Prior Avenue in St. Paul, it was the
consensus of the City Council that information be obtained from St. Paul regarding its experience with this
business and the applicant prior to taking action to research an ordinance amendment. If the report is favorable,
there would be sufficient time to prepare an amendment for the October 5 regular City Council meeting.
Wachter moved, Masin seconded, a motion to continue further consideration of an amendment to the
Dangerous Weapons and Articles section of the City Code in order to research the experience of the City of St.
Paul with regard to the applicants, Jim and Carol Nordberg and Splatball Indoor. Aye: 5 Nay: 0
POLICE OFFICER LOU JESKA
Mayor Egan spoke of the loss experienced by the City this past week with the death of Officer Lou
Jeska. The Mayor expressed his pride in being associated with the Eagan Police Department, with dedicated
officers such as Lou Jeska and with those who represented the City so well during this tragedy. Chief of Police
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September 7, 1993
Geagan thanked the City Council and community for the overwhelming support shown not only the family of
Officer Jeska but the Police Department as well. In addition, he thanked the Public Works Department, Parks
Department, and the Fire Department's rescue squad for their assistance.
Item S, Adopt Permanent Rules, Wetlands Conservation Act. There was brief discussion regarding the
additional financial commitment of the City once the permanent rules for the Wetlands Conservation Act are
adopted. Director of Parks & Recreation Vraa will keep the Council apprised of compliance-related issues
particularly as they relate to additional hours of staff time.
Item Z, Grading Permit #EX-10-163, prompted discussion regarding the expanded hours of operation
and the possibility of complaints. After initially suggesting that the item be returned for reconsideration on the
next agenda following receipt of a complaint, it was determined that the Mayor will have the authority to restrict
the hours of operation when and if any complaints are received. A representative of Johnson Brothers agreed
to that process. S
Item AA, Cedarvale Area - Streetlights. Discussion, initiated by Councilmember Hunter, took place
regarding whether the feasibility report should be authorized when the number of petitioners is less than the
required 35%. Because the costs need to be evaluated before a commitment to the project can be determined,
preparation of the feasibility report was permitted to proceed.
A. Personnel Items
Item 1. Seasonal Park Maintenance Worker--It was recommended that the hiring of Matthew Brown
as a seasonal park maintenance worker be ratified.
Item 2. Supervisor of Forestry--It was recommended that the hiring of Gregg Hove as the Supervisor
of Forestry be ratified.
Item 3. Temporary Recreation Supervisor--It was recommended that the hiring of Dan Schultz as a
temporary recreation supervisor be ratified.
Item 4. Contracts/Touch Football Official--It was recommended that the following persons be offered
contracts as touch football program officials: Steve Dornquast, Jeff Freeman, Ken Freeman, Joey Schoolmeester,
Mark Samstad, and Keith Wallace.
Item 5. Temporary Clerical Technician/Finance Department--It was recommended that the hiring of
Elaine Fischer as a temporary clerical technician in the Finance Department be approved.
B. Licenses. Plumbers
It was recommended that plumbers licenses for the following companies be approved: 1) Bjorlin
Plumbing Company, 2) Bruce Nelson Plumbing & Heating, Inc., and 3) Thriftmaster Plumbing.
C. Final Plat. Signal Point
It was recommended that the final plat for Signal Point be approved.
R-93.60
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September 7, 1993
D. Final Plat. Deerhawk Addition
It was recommended that the final plat for the Deerhawk Addition be approved.
R-93.61
E. Final Plat. Best Brands
It was recommended that the final plat for Best Brands be approved.
R-93.62
F. Proclamation of October as Toastmasters Month
It was recommended that a proclamation proclaiming October as Toastmasters Month in the City of
Eagan be approved. R-93.63
G. Authorize Lease Purchase Acquisition of New Copy Machine
It was recommended that the acquisition of a Kodak 2085AF duplicator be approved on a five-year lease
purchase agreement.
H. Vacate Utility Easement. Receive Petition/Order Public Hearing (Lot 32. Block 2. Lakeside Estates)
It was recommended that the petition to vacate a storm sewer utility easement over Lot 32, Block 2,
Lakeside Estates be received and a public hearing scheduled to be held October 5, 1993.
1. Project 88-LL. Acknowledge Completion /Authorize City Maintenance (Safari Estates 2nd Addition
& Safari 4th Addition)
It was recommended that the completion of Project 88-LL, Safari Estates 2nd Addition & Safari 4th
Addition, be acknowledged and the public improvements accepted for perpetual City maintenance subject to
related warranty provisions.
J. Project 655. Receive Report/Order Public Hearing (Gardenwood Drive - Streets & Utilities)
It was recommended that the feasibility report for Project 655, Gardenwood Drive - Streets & Utilities,
be received and a public hearing scheduled to be held October 5, 1993.
K. Contract 93-06. Authorize Pay Request #1 (T.H. 149 &Northwest Parkway - Intersection &
Signalization Improvements)
It was recommended that Pay Request #1 for Contract 93-06 (T.H. 149 & Northwest Parkway -
Intersection & Signalization Improvements) be approved in the amount of $30,893.24.
L. Vacate Drainage & Utility Easements (Lots 1-5 & 8-12. Block 1. Knob Hill Professional Park)
It was recommended that the drainage and utility easements for Lots 1-5 & 8-12, Block 1, Knob Hill
Professional Park, be vacated and the Mayor and City Clerk authorized to execute all related documents.
M. Contract 93-09. Authorize Final Payment (1993 Sealcoating)
It was recommended that the first and final payment for Contract 93-09 (1993 Sealcoating) in the
amount of $237,088.39 be approved and acceptance for City maintenance authorized subject to appropriate
warranty items.
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September 7, 1993
N. Contract 93-05. Approve Change Order #1 (I. ¢ton Avenue Storm Sewer Lift Station)
It was recommended that Change Order #1 for Contract 93-05, Lexington Avenue Storm Sewer Lift
Station be approved and the Mayor and City Clerk authorized to execute all related documents.
0. Contract 93-05. Acknowledge Completion/Authorize Final Payment & Maintenance (Lexington
Avenue Storm Sewer Lift Station)
It was recommended that the third and final payment in the amount of $6,532.02 for Contract 93-05,
Lexington Avenue Storm Sewer Lift Station, be approved and acceptance for perpetual City maintenance
authorized subject to appropriate warranty provisions.
P. Contract 93-13. Approve Plans/Authorize Ad for Bids (Gardenwood Drive - Utilities)
It was recommended that the plans and specifications for Contract 93-13 (Gardenwood Drive - Utilities)
be approved and the advertisement for a bid opening authorized to be held at 10:30 a.m., Friday, October 1,
1993.
Q. Readopt Ordinance Amendment to Sec 10.10. Subd.4. Dangerous Weapons & Articles
It was recommended that Subdivision 4,E to Section 10.10 of the City Code be readopted.
R. Project 657. Receive Bids/Award Contract. Hawthorne Woods Sidewalk Construction
It was recommended that Contract 93-12 for Project 657, Hawthorne Woods Sidewalk Construction, be
awarded to Weststar Curb and Concrete, Inc., in the amount of $40,359.00.
S. Adopt Permanent Rules. Wetlands Conservation Act
It was recommended that the City of Eagan assume administrative responsibility for and begin
implementation of the permanent program of the 1991 Wetlands Conservation Act effective December 15, 1993,
and that the City Council delegate to staff the discretionary authority to approve or deny wetland fill or drain
requests and replacement plans as well as make exemption determinations for projects involving up to .1 acre
of wetland filling or draining.
T. Contract 92-8. Approve Change Order #2 (Blackhawk Park Water Quality Improvements - Pad for
Weed Harvester)
It was recommended that Change Order #2 to Improvement Contract 92-8 (Blackhawk Park Water
Quality Improvements) be approved in the amount of $1,985.
U. Release of Trailway Easement. Northwest Airlines. Inc./Semi-Conductor Proper
It was recommended that a quit claim release of the easement between Unisys Corporation and the City
of Eagan dated February 7, 1989, be approved.
V. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Outlot A. Town
Centre 70 - 13th Addition and Lot 1. Block 1. Town Centre 70 - 12th Addition
It was recommended that the petition to vacate drainage and utility, easements for Town Centre 70-12th
& 13th Additions be received and a public hearing scheduled to be held October 5, 1993.
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September 7, 1993
W. Agreements with Cities of Apple Valley and West St. Paul for Public Safety Mobile Data
Communication System
It was recommended that agreements with the Cities of Apple Valley and West St. Paul for a public
safety mobile data communication system be approved.
X. Project 635. Receive Final Assessment RolljOrder Public Hearing (Lakeview Trail - Streets A
tilitie )
It was recommended that the final assessment roll for Project 635, Lakeview Trail - Streets & Utilities,
be received and a public hearing scheduled to be held October 5, 1993.
Y. Project 640. Receive Final Assessment Roll/Order Public Hearing (St. Thomas Becket - Utilities)
It was recommended that the final assessment roll for Project 640, St. Thomas Becket - Utilities, be
received and a public hearing scheduled to be held on October 5, 1993.
Z. Grading Permit #EX-10-163 (O'Neil Properly - Section 101
It was recommended that Grading Permit #EX-10-163 (O'Neil property - Section 10) and a variance
request to allow work between the hours of 4:00 a.m. to 12:00 midnight be approved.
AA. Project 658. Receive Petition/Order Feasibility Report (Cedarvale Area - Streetlights)
It was recommended that the petition be received and the preparation of a feasibility report for Project
#658 (Cedarvale Area - Streetlights) authorized.
AB. Stipulation of Settlement Agreement. Final Assessments. Project 590. Daniel Henschen
It was recommended that the stipulation of settlement agreement for Parcel #10-03400-011-50 for Daniel
Henschen and Project 590 be approved and a resolution authorizing the Mayor and City Clerk to execute all
related documents authorized. R-93.64
AC. Stipulation of Settlement Agreement. Final Assessments. Project 590. Frank Lehmann
It was recommended that the stipulation of settlement agreement for Parcel #10-03400-050-29 for Frank
Lehmann and Project 590 be approved and a resolution authorizing the Mayor and City Clerk to execute all
related documents authorized. R-93.65
Hunter moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay:
0
FINAL ASSESSMENT HEARING/WOODLANDS NORTH 2ND ADDITION
Mayor Egan introduced this item as a final assessment hearing for Project 630 (Woodlands North 2nd -
Streets & Utilities). Director of Public Works Colbert indicated no objections had been received.
Wachter moved, Awada seconded, a motion to close the public hearing and approve the final assessment
roll for Project 630 (Woodlands North 2nd Addition - streets and utilities) and authorize its certification to
Dakota County. Aye: 5 Nay: 0
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FINAL ASSESSMENT HEARING/GREAT OAKS ADDITION
Mayor Egan introduced this item as a final assessment hearing for Project 633 (Great Oaks Addition -
Streets & Utilities). Director of Public Works Colbert indicated no objections had been received. There were
two persons present regarding this item but neither wished to address the Council.
Hunter moved, Awada seconded, a motion to close the public hearing and approve the final assessment
roll for Project 633 (Great Oaks Addition - streets & utilities) and authorize its certification to Dakota County.
Aye: 5 Nay: 0
TRAIL CONNECTION/STANWIX ROAD ISSUE
Mayor Egan introduced this item as the trail connection for the Stanwix Road issue. City Administrator
Hedges stated that the Advisory Parks, Recreation and Natural Resources Commission had been directed to
review the issue of installing the trail connection even though Stanwix Road will not be a through street. It is
the recommendation of the Commission that the trail connection be completed.
In answer to questions, Director of Parks and Recreation Vraa indicated that: 1) Paramount
Engineering had been contacted regarding this issue and 2) no neighborhood residents had attended the
APRNRC meeting. Mr. Vraa also noted that the Commission vote was 4-2 and those who voted in favor felt
it important to provide transportation opportunities as well as a connection between neighborhoods.
Masin moved, Hunter seconded, a motion to approve a trail connection between the proposed
Gardenwood Ponds Addition and the Wescott neighborhood addition. Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT/VARIANCE
TOWN CENTRE 100 - 12TH ADDITION/MANN THEATERS
Mayor Egan introduced this item as a preliminary plat for Town Centre 100 - 12th Addition/Mann
Theaters Inc., consisting of approximately 6.7 previously-zoned CSC (Community Shopping Center) acres within
the Eagan Heights Commercial Park Planned Development, a conditional use permit for a pylon sign and a
variance to the parking requirements, located along the south side of Yankee Doodle Road, east of Yankee Place
in the NE 1/4 of Section 15. City Administrator Hedges described the recent history of this item and the
direction that had been given to staff and the applicant to address the outstanding issues. In addition, Mr.
Hedges stated that the recommendations of the Advisory Parks, Recreation, and Natural Resources Commission
were included for Council's consideration.
Acting Director of Community Development Hohenstein explained the application and its location. He
briefly reviewed the site plan and the status of each of the outstanding issues. He stated that the applicant is
not proposing to plat the northern portion of Outlot G which will have an affect on the developability of the
remainder of the site and continue to avoid the issue of an additional 15' of Dakota County right-of-way along
Yankee Doodle Road.
Jim Gruepner, representing Mann Theaters, said the applicant does not own the entire site and does
not, therefore, intend to plat the northern portion of Outlot G. In addition, he said they have demonstrated that
previous recommendations regarding moving the theater further south will not work, they have redesigned the
alignment of Town Centre drive and access to the site because they were told that the City Council will not
consider anything other than that alignment, and by the use of retaining walls, they have eliminated the impact
on the wetland area. Mr. Gruepner said the process has been very adversarial and complained that when one
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September 7, 1993
problem was solved, another was added. He noted that the revised staff report had not been received until this
afternoon.
Mr. Gruepner expressed the applicant's willingness to compromise on the proof of parking by adding
59 parking stalls, for a parking to seating ratio of 1:388. The stalls proposed for the theater are 9' wide but he
said no theater in the Twin Cities has 10' stalls. Mr. Gruepner also indicated that the pylon sign will not be
erected until the remainder of Outlot G is developed and they will withdraw their request for chasing lights on
the marquee.
Martin Colon, speaking for Federal Land Company, suggested that the northern portion of the property
not be platted at this time. He indicated his willingness to make the elimination of that requirement contingent
upon an amendment to the Planned Development Agreement stipulating that when the plat is completed, 15'
of additional County right-of-way will be dedicated. However, in order to align their parking lot with other
buildings in the immediate area, he also requested that a simultaneous 15' variance to the parking setback be
granted. Mr. Colon said the two restaurants were part of a conceptual plan but he would agree to keep the total
combined seating to 350. All parking stalls for the restaurants will be 10' but by keeping the seating down to
350, excess parking stalls would be available for use as overflow parking for the theater.
Discussion then took place regarding the site's impact on the wetlands. It was pointed out that the
drawings of the site appear to place the theater building up to the pond; however, the "wetlands area" as defined
includes the pond and its surrounding vegetation. The theater will encroach approximately 8' at one point into
the "wetlands area" but not the pond and Bob Vanney, the architect, said retaining walls would be used to lessen
the impact. Councilmember Masin asked whether the stand of trees near the east end of the pond would remain
and Mr. Vanney said probably not; however, they would evaluate the health and species of the trees to see which
ones could survive construction. Councilmember Awada then asked about the installation of a "park like
amenity" around the ponding area referred to in the Planned Development Agreement. Mr. Hohenstein
indicated that when SEH looked at the site, they determined this could be done if retaining walls were used;
however, it would be a judgment call as to what constitutes a "park like" setting. Mayor Egan asked whether the
retaining walls would need approval of the Department of Natural Resources, Director of Public Works Colbert
said no, that this was not a protected wetland.
Councilmember Hunter indicated he did not have a problem with the proposal affecting a small portion
of the wetland; however, he did have a problem with the parking ratio. He asked where the overflow would
park, whether there was adequate off-site parking to accommodate that overflow, and whether it was safe to
cross the road to and from the off-site areas. Councilmember Wachter, questioned whether, when and if the
restaurants were built, the overflow parking would spill into their parking area causing a problem for the
restaurant owners. Director of Public Works Colbert said space and land is available now to accommodate on-
site parking. He indicated his discomfort with attempting to provide a safe crossing of a very busy four-lane
roadway, especially with additional development beginning on the O'Neil property.
Mr. Gruepner stated that anytime there is a theater, people park where it is most convenient. Safety
is always a concern but Mann Theaters has many theaters and they have not had a problem. He said even if
the theater complex has 1,500 seats, they will never be full because not every one of the movies will generate a
full house. In addition, parking to this extent will not be necessary with the exception of two or three times a
year. He said he did not see parking across the street as a prolonged problem and shared parking is a common
arrangement. Mr. Gruepner referred to the example of crossing streets throughout downtown Minneapolis for
events at the Metrodome or the Target Center; it doesn't happen every night. Councilmember Wachter stated
that the Council wants a theater but did not want to create problems they will be sorry for later.
Councilmembers Awada and Masin both expressed misgivings about the size of the site being adequate for the
proposed development. Mr. Gruepner said they know the plan will work because that's their business.
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September 7, 1993
Mayor Egan addressed the applicant's perception that they have had an adversarial relationship with
staff. He said the theater is something that residents want and indicated he could think of examples that were
less unique where staff had come up with more novel and creative solutions to problems. He then referred to
concessions made by the applicant and suggested that staff do the same.
Martin Colon stated that Federal Land had to dedicate .4 acres of wetlands that they thought they could
utilize. He said the original PD agreement called for a park like setting on an easement area, however, he said
he believed it was being provided by the wetlands. Mr. Hohenstein said the easement was to provide green space
and a trail around the pond for what was to be an office building. The office building was originally intended
to be eleven stories; however, Mayor Egan said that in today's economy, it was unlikely. The trail around the
pond was discussed briefly but was deferred as a part of the detail design of the site.
Jim Benshoof, traffic engineer for the Mann Theater group, stated there are other theaters that share
parking with retail and mentioned the theater at 50th and France. In this situation, he suggested a four-way stop
at the Town Center Drive access point to provide an adequate level of safety for pedestrian crossing. Director
of Public Works Colbert indicated that the 50th and France area is much more conducive to pedestrian traffic
than this area would be and cautioned that winter crossings of Yankee Place would involve snowbanks and
unplowed sidewalks. Mr. Colbert cited the example of Applebee's Restaurant which has recently had to add
additional parking. Previously, patrons had been advised to park in the Rainbow Foods parking lot but were very
concerned about having to cross Town Centre Drive. Mr. Colon acknowledged that theater goers will park in
other areas and likely cross Yankee Place. Because this is a common occurrence, some of his tenants including
Wal-Mart, have written restrictions into their leases regarding "no movie theaters" on adjoining properties. He
referenced Mr. Benshoofs suggestion to put in a four-way stop and indicated his willingness to put in a sidewalk
to the comer to accommodate the crossing.
Discussion then took place regarding the number of issues on this item still to be decided.
Councilmember Wachter suggested the item be continued to the September 21 meeting. Awada noted it was
not the first time this developer has made last minute concessions; however, Mayor Egan expressed his
frustration with information not being forwarded from staff to the applicant until today when they have had three
weeks since the last continuance.
Wachter moved, Egan seconded, a motion to continue to the September 21, 1993, regular City Council
meeting, consideration of a preliminary plat for Town Centre 100 - 12th Addition/Mann Theaters consisting of
approximately 6.7 previously-zoned CSC (Community Shopping Center) acres within the Eagan Heights
Commercial Planned Development. Aye: 5 Nay: 0
Councilmember Hunter advised the applicant that his major issue was how pedestrian traffic will be
handled to safely cross Yankee Place to the theater property. Councilmember Wachter also indicated his desire
to see a layout of the proposed sidewalk/four-way stop and Councilmember Awada expressed her interest in
seeing the proposed wetlands area landscaping. Mayor Egan began to enumerate those issues to be addressed:
1) the four-way stop, 2) the technical issue of the sidewalk and the Town Centre Shops, 3) the preliminary layout
for the restaurants on the northern portion of Outlot G, 4) the landscaping surrounding the ponding area. At
this point, Mr. Gruepner interrupted with complaints that Mann Theaters has not met with any compromise from
staff. Because of this, they were not willing to go forward on a continuance unless there was some basic support
from the Council for their proposal. If there was no support, they would prefer to withdraw their application
now. Mr. Gruepner said they had come to Eagan in good faith and had made concessions. Theaters are their
business and his clients, the Mann's, were upset. Mr. Gruepner indicated this had been the most adversarial
relationship they had ever dealt with and while they had tried to deal with concerns, he noted that nothing is
perfect. After a concern from Councilmember Masin, Mr. Gruepner said there is enough parking and 9' stalls
are used in every theater in the Twin Cities. He said he did not agree that they were trying to squeeze the
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September 7, 1993
project onto the property. The Council reiterated their desire to have a theater but could not make any
guarantee regarding whether or not the proposal would be approved.
Director of Public Works Colbert recounted the last three weeks and the series of meetings between
the staff and the applicant. Because staff is not in a position to compromise City Code requirements, he said
it would be helpful if the City Council would address each of the 14 variances to City Code and indicate which
ones staff can work with. The parameters established by the Council are as follows:
1. A variance of 143 fewer parking spaces than the 549 required by City Code.
Mayor Egan indicated this number has been reduced; however, the critical question is by how much is
the City council willing to accept that. He said that question will not be answered until next week.
2. To allow 9' stalls rather than the 10' standard.
The majority of the City Council was willing to accept 9' stalls, for the theater only, thereby resolving
this issue.
3. To allow only a portion of Outlot G, Town Centre 100 1st Addition, to be platted.
Mayor Egan indicated that Mr. Colon is willing to amend the PD Agreement to allow only up to a
combined total of 350 seats for both restaurants to be built on the remainder of Outlot G. In addition, he said
that a provision in the PD agreement will be incorporated whereby the remainder of Outlot G will also dedicate
the 15' right-of-way to Yankee Doodle Road. Mayor Egan said he would like to see a proposed layout for what
the parking would be on the two lots. Acting Director of Community Development Hohenstein said that
associated with that would be the owner's request for a 15' variance to the parking setback because that would
affect the developability of the lot as well. Mayor Egan said if he felt there was sufficient hardship in what was
being proposed at the time of application, he could be flexible. The Council agreed that the proposed layout
they were requesting should incorporate the 20' setback.
4. To permit the northernmost access point to not match center line of the Town Centre Drive and
Yankee Place Intersection.
Resolved.
5. To allow .4 acre of the wetland associated with Pond DP-20 to be filled.
After discussion, encroachment into the wetland is to be kept to the absolute minimum with City Council
review if it cannot be avoided. In order to retain the intent of the PD agreement, the plan for the wetland area
including the landscaping concept for a park like atmosphere is to returned to the City Council for its review.
6. To allow an off-site pylon sign, not designated for the corner lot, to be permitted and to allow a
15' X 15' sign easement for this pylon location.
Acting Director of Community Development Hohenstein asked whether the City Council would be
amenable to a lot layout that would take the theater lot to the corner so that any pylon sign would be on-site
rather than off-site. After discussion, it was recommended that the PD agreement be amended to limit seating
for the two restaurants to a combined total of 350 seats and that the pylon sign develop in conjunction with the
restaurant development of Outlot G.
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7. An increase in the allowable square footage for a pylon sign from 125 sq.ft. to 185 sq.ft.
Resolved.
8. To permit chasing lights on the illuminated reader board (marquee) - not allowed by Code.
Resolved. Applicant had previously agreed to withdraw this request.
9. To permit access to the two northern conceptual uses to occur through the theater parking lot
rather than by a public access.
Resolved.
Lastly, it was the consensus of the City Council that precast wall panels, rather than brick, would be
acceptable.
Bob Vanney said he was unclear as to how to resolve the situation of crossing the street, i.e., the
provision of sidewalks, a stop sign, etc. While Director of Public Works Colbert indicated it had been left to
the applicant's and staffs creativity, Mayor Egan pointed out that it will be resolved before it is returned to the
City Council.
AN". '
CERTIFICATION OF PROPOSED 1994 PROPERTY TAX LEVY
PROPOSED 1994 BUDGET/TRUTH IN TAXATION HEARING DATES
Mayor Egan introduced this item as certification of the proposed 1994 Property Tax Levy, the proposed
1994 Budget and the dates for Truth in Taxation Hearings. City Administrator Hedges explained the item and
the action being requested.
After brief discussion, Wachter moved, Awada seconded, a motion to authorize the certification of the
proposed 1994 Budget and the 1994 property tax levy and to set the Truth in Taxation hearing for December
7, 1993, the continuation hearing for December 15, 1993, and the subsequent hearing for December 16, 1993.
Aye: 5 Nay: 0 R-93.66
CONSIDER PETITION TO INSTALL STOP SIGNS
NORTH HAY LAKE ROAD & FAWN RIDGE TRAIL
Mayor Egan introduced this item as consider a petition to install stop signs (North Hay Lake Road and
Fawn Ridge Trail). Director of Public Works Colbert advised that a petition had been received signed by eight
property owners. As a result of the petition, an analysis of the intersection was performed to determine whether
the stop signs being requested would meet the warrants of the Manual on Uniform Traffic Control Devices. Mr.
Colbert indicated that analysis results did not justify the installation of stop signs; therefore, the request was
being brought to the City Council for their consideration.
Dave Medernach, 740 North Hay Lake Road, explained the position of the neighborhood citing the
presence of many small children, the number of school buses passing through the intersection and a large hill.
He said they were concerned about safety.
Director of Public Works Colbert said that with Eagan as young as it is, it was hard to find any
neighborhood where there aren't small children. He advised that the City has attempted to reserve the use of
Page 12/EAGAN CITY COUNCIL MINUTES 00 286
September 7, 1993
Children at Play signs to those areas where children are expected to congregate; however, if signs are installed
on every street, their impact would be diminished. He cautioned that because there are many "T" intersections
in this neighborhood, frequent stops signs, especially where they are not anticipated or warranted, would soon
be ignored. Mayor Egan added that even though they would be ignored by drivers, children would be lulled into
believing that safety existed.
Wachter moved, Hunter seconded, a motion to receive the petition but deny the installation of stop signs
on North Hay Lake Road at its intersection with Fawn Ridge Trail. Aye: 5 Nay: 0
SETBACK VARIANCE/FRANCES HOMES/RUSTIC HILLS
Mayor Egan introduced this item as a variance for Frances Homes, of 4' to the required 30' front yard
setback for Rustic Hills Drive and 40' to the 50' sideyard setback from a public right of way, located on Lot 15,
Block 1, Rustic Hills Addition, in the SW 1/4 of Section 4. Acting Director of Community Development
Hohenstein explained the application for two setback variances and the uniqueness of this situation. The
applicant was present and added that this is the last lot on the cul-de-sac.
Councilmember Wachter noted that because of the extreme conditions, this application was an exception
to the rules. He said the applicant had to place the house where it was most suited.
Wachter moved, Hunter seconded, a motion to approve a variance of 4' to the required 30' front yard
setback for Rustic Hills Drive and 40' to the 50' sideyard setback from a public right of way, located on Lot 15,
Block 1, Rustic Hills Addition in the SW 1/4 of Section 4, and subject to the following condition:
1. All applicable City Codes.
Aye: 5 Nay: 0
SETBACK VARIANCE/ASPEN PROPERTIES/HILLS OF STONEBRIDGE
Mayor Egan introduced this item as a variance for Aspen Properties, of approximately 18' from the
required 50' setback from Wescott Road, located on Lot 25, Block 1, Hills of Stonebridge in the NE1/4 of
Section 24. Acting Director of Community Development Hohenstein reported that previously, a variance had
been granted for this lot; however, because it was not acted upon, the approval had expired.
Wayne Tauer, representing Aspen Properties, indicated they thought they had sideyard setback variances
throughout the project with the Planned Development Agreement but have had to request each variance
individually. Mr. Tauer said this should be the last one.
Awada moved, Wachter seconded, a motion to approve a variance for Aspen Properties of approximately
18' from the required 50' setback on public right-of-way for Aspen Properties for property located on Lot 25,
Block 1, Hills of Stonebridge, and subject to the following conditions:
1. Access shall be from Chatham Road.
2. All other applicable City Codes shall be adhered to.
Aye: 5 Nay: 0
OC2(7
Page 13/EAGAN CITY COUNCIL MINUTES
September 7, 1993
PRELIMINARY PLAT/WUTHERING HEIGHTS ADDITION
Mayor Egan introduced this item as a preliminary plat for Wuthering Heights Addition/Mylo Mitzel,
consisting of two lots on approximately one previously-zoned R-1 (Single-Family) acre located along the west
side of Wuthering Heights Road, north of Silver Bell Road in the SE 1/4 of Section 18. City Administrator
Hedges said that the preliminary plat had been before the Advisory Planning Commission at their August 24
meeting and the APC was recommending approval subject to all conditions. In addition, he advised that the
Advisory Parks, Recreation, and Natural Resources Commission had reviewed the item, and their
recommendation was included for consideration by the Council. Acting Director of Community Development
Hohenstein explained the history of the item and its location.
Wally Hafstad, representing Mylo Mitzel, was present to answer any questions. No neighbors were
present.
Director of Public Works Colbert referenced Conditions #2 and #4 recommended by the Advisory
Planning Commission which require that Wuthering Heights Road be brought up to City standards and that the
developer provide a 25' half right-of-way for that road. He explained the right-of-way issues as they exist and
asked what provisions the City Council wished to make for any future development. With the uncertainty of any
future development, Mr. Colbert asked whether the building pad on Lot 1 should be placed to meet the setbacks
as if it were a public right-of-way and whether additional right-of-way (to meet present City standards) should
be required of this property owner, the property owner to the east, or whether it should be permitted to remain
at 40', which is substandard.
Councilmember Hunter indicated that he would prefer to require only that a minimum 50' right-of-way
be provided with the method of provision--either through dedication or acquisition--left to the developer. Mayor
Egan voiced his support for the 25' half right-of-way because it appears that the long-range development of
property in Wuthering Heights will continue to be single-family. He also suggested that if Wuthering Heights
Road goes any further to the west, that point may be the appropriate time to upgrade the road so that costs are
spread over a more feasible project. Councilmember Hunter expressed his concerns that there may not be
another opportunity to upgrade the road. As the area exists now, Councilmember Awada questioned whether
it should ever be upgraded or whether it was even financially feasible. After further discussion, it was the
consensus that Condition #2 be eliminated and that Condition #4 be revised to reflect a requirement of 50' of
right-of-way along Wuthering Heights Road and a 30' half right-of-way along the northern portion of the plat.
Wachter moved, Hunter seconded, a motion to approve a preliminary plat consisting of two lots on
approximately one previously zoned R-1 (Single-Family) acre located along the west side of Wuthering Heights
Road north of Silver Bell Road in the SE 1/4 of Section 18, subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al,B1,B2,B3,C1,C2,C3,D1,El,Fl,GI,andH1
Of fififil Plat flPPF0YVJ.
3. A 40' dfainage and utility easement shall be dedieated OYOF the neFth edge of bet 1 to eei,e
eNisting 92 sankafy sower- line and 6' Whtff ffiftift that afe leewed aleng the neFth pr-OPOAY line of pFopesbd Let
002
Page 14/EAGAN CITY COUNCIL MINUTES
September 7, 1993
4. A minimum 50' right-of-way is required to be provided for Wuthering Heights Road and a 30' half
right-of-way is required across the northern portion of this property.
Aye: 5 Nay: 0
It should be noted that the dedication of the 30' half right-of-way across the northern portion of Lot 1
supersedes the provisions of Condition #3 and it has, therefore, been eliminated.
At the direction of the City Council, staff will review the Comprehensive Guide Plan designation for
properties in the Wuthering Heights neighborhood and whether any changes to the plan are indicated.
REZONING/PRELIMINARY PLAT/AUTUMN RIDGE 4TH ADDITION
Mayor Egan introduced this item as a rezoning, Autumn Ridge 4th Addition/James Development, of
approximately 5.1 acres from AG (Agricultural) to R-1 (Single Family) and a preliminary plat consisting of 13
lots on approximately 5.4 acres located along the east side of Dodd Road, south of Golden Meadow Road in
the NW 1/4 of Section 25. City Administrator Hedges said that the preliminary plat had been before the
Advisory Planning Commission at their August 24 meeting and the APC was recommending approval subject
to all conditions. In addition, he advised that the Advisory Parks, Recreation, and Natural Resources
Commission had reviewed the item, and their recommendation was included for consideration by the Council.
Acting Director of Community Development Hohenstein explained the application and its location. He reported
that a petition had been received from residents objecting to the completion of Crimson Leaf Trail; however,
he noted for Council's information that when Autumn Ridge was platted, Crimson Leaf Trail had always been
intended as a through street to Dodd Road.
Gordon Schramm, 4370 Dodd Road, asked that the plat be approved only if all lot widths were a
minimum of 150'.
Tracy Quinn, stated that she represented the majority of homeowners who live on Crimson Leaf Road.
She indicated that they all believed Crimson Leaf was a cul-de-sac when they purchased their homes and referred
to a petition which asked that the developer consider another access to the development. She then addressed
a number of safety concerns and closed by saying that if the road must go through, the neighbors want a sidewalk
installed immediately. She asked that it be made a condition of development and that the existing homeowners
not be assessed for its completion.
Jeff Magnus, 641 Hackmore Drive, also representing a number of homeowners, presented a petition
asking for the completion of Crimson Leaf Trail. Mr. Magnus voiced concerns that if that access to Dodd is not
completed, it will mean more traffic on Hackmore.
City Administrator Hedges distributed a letter that had been received from Barry and Vickie Gartner,
632 Hackmore Drive, who have indicated their support for the completion of Crimson Leaf Drive to Dodd Road.
Councilmember Wachter asked about a drainage issue relating to the property immediately north of the
proposed development. Director of Public Works Colbert indicated that it remains an issue but the
recommendation has been made to construct an outlet from the low lying area of that property to drain into a
pond on the school's property. This would insure that there is a controlled water elevation and would allow
construction of walkouts. Without this outlot, the rising elevation of this wetland could not be controlled and
only ramblers would be permitted. He said the developer and the property owner are attempting to negotiate
a joint solution.
00M)
Page 15/EAGAN CITY COUNCIL MINUTES
September 7, 1993
Councilmember Awada asked what problems would be involved with putting in a sidewalk. Mr. Colbert
stated that with a 60' right-of-way, an additional 2' of right-of-way would be needed for a standard 8' setback
from the back of curb for a 5' sidewalk or an additional 5' for an 8' trail. A 2' easement or a change in setback
from back of curb from 8' to 6' would fit the sidewalk within the existing right-of-way. Councilmember Hunter
acknowledged the residents concerns and suggested a 5' sidewalk as adequate if the developer was willing. Jim
Ostenson, representing James Development, indicated there would be little problem in putting a sidewalk in the
new phase of development; however, it would be very costly and difficult to install through the existing yards.
He said the additional costs would be much more than the 13 lots in this phase could absorb. Director of Public
Works Colbert advised that the sidewalk could be located within the right-of-way (after the Parks and Recreation
Department's review) and constructed along the north right-of-way of Crimson Leaf Trail from Dodd Road and
then tieing into the existing sidewalk. As to costs, the City has a policy that sidewalks to be constructed are to
be constructed by the City from the trail dedication fund and each new lot developed in the City contributes to
that fund. It would not be a financial obligation of the developer. In answer to a question from Mayor Egan,
Mr. Colbert recommended keeping the trailway or sidewalk to 5' to contain it within existing right-of-way.
The residents present continued to urge the installation of the sidewalk and questioned why it was not
originally included with the development. Mayor Egan noted that sidewalks are not generally constructed with
this classification of street. Councilmember Awada added that if not for the school, sidewalks would not have
been constructed in that area either. In answer to a question from Councilmember Hunter, Mr. Colbert stated
that the sidewalk would not have to be a condition of plat approval but could be considered a City-initiated
public improvement in public right-of-way. He said construction through the existing neighborhood may even
be handled through a change order to an existing contract for sidewalk construction. The second phase, however,
could be constructed whenever the Parks and Recreation Department determined it to be feasible. After initial
agreement by the Council, Mr. Colbert suggested that the particulars be referred to the Department of Parks
and Recreation and the Advisory Parks, Recreation and Natural Resources Commission.
Hunter moved, Awada seconded, a motion to approve a rezoning for Autumn Ridge 4th Addition/James
Development for approximately 5.1 acres from AG (Agricultural) to R-1 (Single-Family. Aye: 4 Nay: 0
Abstain: 1 (Wachter)
Hunter moved, Awada seconded, a motion to approve a preliminary plat consisting of 13 lots on
approximately 5.4 acres located along the east side of Dodd Road, south of Golden Meadow Road, in the NW
1/4 of Section 25, subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al,B1,B2,B3,B4,C1,C2,D1,El,F1,G1,andH1
2. All tree massings not to be disturbed with grading shall be enclosed within a snow fence or other
suitable material prior to any grading on site.
3. Demolition of moving permits shall be obtained by the developer for the removal of the existing shed.
4. The public right-of-way easement at the westerly end of Crimson Leaf Trail is required to be vacated
in conjunction with the platting of this development.
5. An emergency overland outlet shall be provided from the low point of Crimson Leaf Trail with a
maximum high point elevation of 943.0.
6. A storm sewer outlet shall be provided from the landlocked low area on Parcel 042-30.
Page 16/EAGAN CITY COUNCIL MINUTES
September 7, 1993
7. The houses that back up to the landlocked low area on Parcel 042-30 shall have a 3-foot freeboard
above the high water level of the low area.
8. The existing well and septic systems on this site shall be abandoned and capped according to City
and County requirements.
9. Water main shall be looped from the existing 16" line on Dodd Road to the existing 6" line on
Crimson Leaf Trail.
10. Sanitary sewer and water services shall be provided to the existing house on Lot 2 of Block 1.
11. This development shall dedicate 60 feet of right-of-way for Crimson Leaf Trail.
12. The development is responsible for removing the cul-de-sac constructed at the westerly end of
Crimson Leaf Trail.
13. The plat would be responsible for a cash parks dedication for 12 lots.
14. The plat would be responsible for a cash trails dedication for 12 lots.
15. The City of Eagan Tree Preservation Guidelines would need to be followed requiring that significant
trees be identified on the grading plan.
16. This plat would be subject to a cash water quality dedication.
Aye: 4 Nay: 0 Abstain: 1 (Wachter)
Egan moved, Masin seconded, a motion to direct a public improvement for a sidewalk to be installed
as an expense of the trail dedication fund along the north side of Crimson Leaf Trail from Dodd Road to the
existing sidewalk near the intersection of Crimson Leaf Trail and Hackmore Drive. Aye: 4 Nay: 0 Abstain:
1 (Wachter)
REZONING/PRELIMINARY PLAT/STONEBRIDGE PONDS ADDITION
Mayor Egan introduced this item as a rezoning for Stonebridge Ponds Addition/Heritage Development,
of approximately 8.2 AG (Agricultural) acres to R-1 (Single Family), and a preliminary plat consisting of 13 lots
located at the NW intersection of Dodd and Diffley Roads in the SW 1/4 of Section 24. City Administrator
Hedges said that the rezoning and preliminary plat had been before the Advisory Planning Commission at their
August 24 meeting and the APC was recommending approval subject to all conditions. In addition, he advised
that the Advisory Parks, Recreation, and Natural Resources Commission had reviewed the item, and their
recommendation was included for consideration by the Council. Acting Director of Community Development
Hohenstein explained the application and its location. He said the applicant is pursuing acquisition of the excess
right-of-way retained by Dakota County and that is why an outlot is being platted. At such time as the property
is acquired, Mr. Hohenstein said the applicant proposes to subdivide an additional three lots also taking access
on the cul-de-sac. The applicant, Wayne Tauer, was present to answer any questions. There were no other
persons in the audience to address this application.
Condition #3 was clarified to refer to a variance of 160' to the City Code requirement that cul-de-sacs
not exceed a maximum of 500'.
Page 17/EAGAN CITY COUNCIL MINUTES
September 7, 1993
Wachter moved, Egan seconded, a motion to approve a rezoning of 8.24 acres from A (Agricultural)
to R-1 (Single-Family), located at the northwest intersection of Dodd and Diffley Roads in the SW 1/4 of Section
24. Aye: 5 Nay: 0
Wachter moved, Awada seconded, a motion to approve a preliminary plat for Stonebridge Ponds
Addition/Heritage Development consisting of 13 lots located at the northwest intersection of Dodd and Diffley
Roads in the SW 1/4 of Section 24, subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al,Bi,B2,B3,B4,C1,C2,C4,Dl,El,F1,G1,andHi
2. Final grading is to include landscaping and berming along County Road 30.
3. A variance of 160' to the 500' maximum cul-de-sac length shall be approved as a part of this plat
approval.
4. The development will be required to provide a 30 foot vegetative buffer strip along the east edge of
Pond JP-27.
5. The developer is required to extend the 8" sanitary sewer and IT trunk watermain in Dodd Road
from the existing stubs located 200' north of the site to Diffley Road to serve this site.
6. The utility layout shall include a 6" watermain extension for fire prevention and looping purposes
from the southwest cul-de-sac to the existing 6" watermain stub in Diffley Road.
7. The development will be responsible for acquiring the necessary easements for the construction of
the sanitary sewer and watermain along Dodd Road from Diffley Road to the connection of the existing lines
200' north of this site.
8. The new water quality pond shall have a 12" storm sewer outlet with a maximum discharge rate of
3 cfs that will drain into Pond JP-27.
9. No driveway accesses will be allowed to connect to Dodd Road or Diffley Road.
10. The water quality pond shall have a surface area at the NWL of 0.3 acres and a wet pond volume
of 0.9 acre feet.
11. Sanitary sewer and water service shall be provided to the future lots of Outlot A.
12. This proposal would be subject to a cash parks dedication.
13. This proposal would be subject to a cash trails dedication.
14. On-site ponding to treat all impervious area runoff from the site would be required to meet water
quality treatment requirements and the pond design would need to be approved by City staff. Also, no filling
or draining of any wetlands on the site is permitted.
Aye: 5 Nay: 0
Page 18/EAGAN CITY COUNCIL MINUTES
September 7, 1993
PRELIMINARY PLAT/KINGS WOOD ADDITION 3RD ADDITION
Mayor Egan introduced this item as a preliminary plat for Kings Wood 3rd Addition/Horne
Development, consisting of 42 lots on approximately 28 previously zoned R-1 (Single Family) acres, located along
the west side of Pilot Knob Road, south of Englert Road in the SEl/4 of Section 16 and the NE1/4 of Section
21. City Administrator Hedges said that the preliminary plat had been before the Advisory Planning Commission
at their August 24 meeting and the APC was recommending approval subject to all conditions. Mr. Hedges
indicated that the Advisory Parks, Recreation and Natural Resources Commission had not yet taken action on
this item, so any action by the City Council would be subject to their recommendations. Acting Director of
Community Development Hohenstein explained the application and its location.
Mayor Egan asked whether the private streets met City criteria and Mr. Hohenstein replied they did
and were similar to those proposed in the Gardenwood Ponds Addition.
Rollie Crawford, attorney representing Home Development, stated that this plat is an extension of the
existing Kings Wood development. Mr. Crawford explained that the previous Kings Wood 3rd Addition, that
had received approval from the City Council, had been modified to alleviate trauma to the site. He said the
number of lots had been reduced from 49 to 42, the cul-de-sacs had been shortened, and there was much less
grading thus saving many more trees. Mr. Crawford indicated that private roads would be required but added
that they had been used successfully in other parts of the City.
Bob Weigert, Paramount Engineering, said the access to the site was determined by where the roadway
and wetlands permitted. He described the site constraints and stated that while the plat was not subject to the
tree preservation guidelines, it did meet those requirements. Mr. Weigert's discussion then turned to a number
of conditions which continue to cause concern for the developer. A discussion of those conditions and their
resolution follows:
Condition #1: These standard conditions of plat approval as adopted by Council action on February
2, 1993, shall be complied with: Al, 111, B2, 113, B4, C1, C2, C3, D1, El, F1, G1, and HI.
Mr. Weigert was not specific but indicated a number of concerns which would have to be worked out
with staff. He noted that some of the standard conditions related to parks dedication costs and water quality
issues which they had not yet had an opportunity to review.
Condition #6: The private street connection to serve Lots 14, 15, and 16 of Block 1 shall be
constructed at the west end of the center median on Kings Wood Road.
Mr. Weigert suggested a compromise right-in, right-out approach which would permit traffic coming into
the development to make an immediate right to Lots 14, 15, and 16, but traffic leaving from those lots would
have to turn right before negotiating a Uaturn around the median in order to leave the development via Pilot
Knob Road. Director of Public Works Colbert agreed that the proposal had potential and, in concept, he said
that the engineering staff believes a detail design can be worked out. He suggested that Condition #6 be revised
to read, "The private street outlet to serve Lots 14, 15, and 16 of Block 1 shall be constructed at the west end
of the island on Kings Wood Road." He said it should effectively address the developer's concerns and the detail
design could be addressed at a later date. Mr. Crawford agreed.
Condition #8: Sanitary sewer and water main services shall be stubbed to the adjacent northerly
property (Parcel 014-79).
0CZ~'.~ J1
Page 19/EAGAN CITY COUNCIL MINUTES
September 7, 1993
Condition #11: The sanitary sewer layout shall be revised to keep the sanitary sewer lines in the
dedicated street right-of-way and out of the dedicated ponding easement for Pond JP-5.
Mr. Crawford objected to Condition #8 because of the topography making this a difficult as well as
expensive condition. In addition, Mr. Crawford indicated that the existing homes on the property to the north
of the Kings Wood development receive their utilities from the north. Mr. Colbert said there is a split service
to the existing homes now; however, he was addressing the remainder of the property and its future development.
Mr. Colbert said he knew the developer would want the northern property owner to participate in the costs
because that property will receive direct benefit. The utilities could be worked out privately or petitioned to be
put in publicly to service the six potential lots.
Director of Public Works Colbert expressed his strong reservations about putting a sanitary sewer
through a wetlands. He said it would reduce the need for deep sewer in this area but City maintenance would
much prefer the ready access of public right-of-way to the steep topography of the ponding area. He also
questioned the advisability of putting that much fill in a wetland. He suggested that consideration may be given
to the installation of private ejector pumps to minimize the depth of the sewer from two of the lots. He repeated
his reservations and advised Council that this would not be the way the City's staff would design a utility system
to be owned and maintained by the City.
Mr. Crawford said there are numerous examples where sanitary sewer is put along non-street rights-of-
way. He said it is not the preferred method if there are other practical alternatives but to go down more than
30' to provide a gravity sewer in this area would require additional excavation and costs would be substantial
($30,000-$40,000 additional). He said easements could be provided so that maintenance is not a major concern.
Mr. Crawford noted that Condition #11 had been part of the earlier approval for this plat; perhaps not at the
same location but a similar situation.
It was the consensus of the City Council to continue utilities to the Bruestle property (Condition #8)
and with no support to run the utilities through the ponding area, they agreed to retain the requirements of
Condition #11.
Condition #10: The 30' strip of trees shall be protected along the east edge of the property where it
abuts Interstate 35E, Pilot Knob Road and the City of Eagan's Fire Administration Building.
Mr. Crawford objected to the arbitrary figure of 30' because there are some tight dimensions along the
east edge of the property. He said they would prefer authorization from the Council to work with the staff on
a screening plan which would include existing trees as well as plantings, some of which would be planted on City
property to provide the necessary screening.
Council agreed that this item could be worked out to reach a solution agreeable to the developer and
the City. Mr. Colbert suggested that Condition #10 read, "The 30' strip of trees shall be protected or an
acceptable landscape buffer provided along the east edge of the property where it abuts Interstate 35E, Pilot
Knob Road and the City of Eagan's Fire Administration Building." Councilmember Wachter cautioned that he
did not want to see the City involved in another financial controversy with the applicant over inspections.
Condition #12: The final grading plan shall provide for a maximum street grade of 10%.
Mr. Crawford said it was originally planned that there be no greater than an 8% grade on any of these
streets but the Planning Commission had agreed and recommended that a 10% grade would be agreeable and
allowable under the City Code, on any low density roadway like this if it doesn't end in a cul-de-sac. A 10%
grade under the proposed layout would be permitted only with a variance.
00x,
Page 20/EAGAN CITY COUNCIL MINUTES
September 7, 1993
Director of Public Works Colbert provided background on the Code provision that permits a maximum
street grade of 10% only if a street had a secondary outlet where the maximum street grade was 8%. Because
there is no other outlot to this property, City Code requires a maximum grade of 8%. If there are extenuating
circumstances, he said Council could consider a variance.
Because of the topography and upon recommendation of the Advisory Planning Commission, a variance
to this requirement was subsequently approved.
Condition #16: The private streets with more than four units connecting to it shall have concrete curb
and gutter constructed along the edges and at the end of the private street.
Mr. Crawford stated that all private roads within the subdivision serve less than four units except one.
Because none of the private roads serving less than four units will have concrete curb and gutter, he suggested
that none have curb and gutter as a matter of consistency. When asked whether consistency within the
development was a factor, Mr. Colbert indicated it was more a factor to have consistency within the community.
After ascertaining that the City will not maintain or provide upkeep for the private streets, the City
Council agreed they would remain firm on other conditions but would allow some flexibility by deleting Condition
#16.
Condition #18: A public road to City standards shall be constructed to the adjacent northerly
property or, if private, it must provide access to and use by this parcel.
This condition was recommended to avoid landlocking the parcel to the north. Mr. Crawford stated that
because of the topography, this road cannot be constructed to City standards and questioned providing a private
road to serve property not owned by the owners of the private road. He added, however, that they were willing
to look at this further. After further discussion, Director of Public Works Colbert suggested retaining the
condition and then if it cannot be resolved, it could be reconsidered or possibly deleted at a later date. Agreed.
With completion of the discussion regarding conditions, Hunter moved, Awada seconded, a motion to
approve a preliminary plat for the Kings Wood 3rd Addition/Home Development consisting of 42 lots on
approximately 28 previously-zoned, R-1 (Single-Family) acres located along the west side of Pilot Knob Road,
south of Englert Road, in the SE 1/4 of Section 16 and the NE 1/4 of Section 21, subject to the
recommendations of the Advisory Parks, Recreation and Natural Resources Commission and the following
conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al, B1, B2, B3, B4, C1, C2, C3, D1, El, F1, G1, and H1.
2. No driveway access to Pilot Knob Road shall be allowed.
3. Outlot A, the area between the western cul-de-sac and I-35E shall be maintained by and transferred
to the homeowners' association or platted as a part of adjacent lots with the final plat submission.
4. The cul-de-sac lengths shall be approved as shown on the Preliminary Plat.
5. The developer will be responsible for submitting detailed plans and specifications for the proposed
retaining wall construction.
OOZ3
Page 21/EAGAN CITY COUNCIL MINUTES
September 7, 1993
6. The private street outlet to serve Lots 14, 15, and 16 of Block 1 shall be constructed at the west end
of the island on Kings Wood Road. (Revised)
7. The developer will be responsible for acquiring the appropriate street right-of-way from the adjacent
northerly property (Parcel 014-79) for the street connection at Pilot Knob Road.
8. Sanitary sewer and water main services shall be stubbed to the adjacent northerly property (Parcel
014-79).
9. A 30' buffer strip shall be provided around the edge of Pond JP-5 to protect the existing trees and
vegetation.
10. The 30' strip of trees shall be protected or an acceptable landscape buffer provided along the east
edge of the property where it abuts Interstate 35E, Pilot Knob Road and the City of Eagan's Fire Administration
Building. (Revised)
11. The sanitary sewer layout shall be revised to keep the sanitary sewer lines in the dedicated street
right-of-way and out of the dedicated ponding easement for Pond JP-5.
12. The final grading plan shall provide for a maximum street grade of 10%.
13. All site generated storm water runoff is required to be conveyed to Pond JP-5.
14. Modifications to Pond JP-5, the 60" storm sewer line in the northwest corner of the site or the 54"
storm sewer line in the southwest corner of the site, will require MnDOT approval.
15. A skimmer shall be constructed on the outlet of Pond JP-5.
eamoueted along the edger, and at the and Of th@ PAY&W filftet.
47 16. Homeowners Association documents and declarations establishing easements for driveway
purposes shall be submitted to the City Attorney's office prior to final plat approval, with appropriate
documentation recorded with the plat.
4& 17. A public road to City standards shall be constructed to the adjacent northerly property or if
private, it must provide access to and use by Parcel 041-79. (Added)
Aye: 5 Nay: 0
Hunter moved, Awada seconded, a motion to approve a variance of 2% to the 8% maximum cul-de-sac
street grade. Aye: 5 Nay: 0
Hunter moved, Awada seconded, a motion to approve a variance deleting the City requirement of
concrete curb and gutter for a private street with more than four units and the requirement for a turnaround
at the terminus of private streets. Aye: 5 Nay: 0
Page 22/EAGAN CITY COUNCIL MINUTES
September 7, 1993
CONDITIONAL USE PERMIT/FEDERAL LAND
BICENTENNIAL SECOND ADDITION/PYLON SIGN
Mayor Egan introduced this item as a conditional use permit, for Federal Land Company, to allow a
pylon sign on Lot 1, Block 1, Bicentennial Second Addition, located along the south side of Yankee Doodle
Road, east of Washington Drive in the NE 1/4 of Section 16. City Administrator Hedges advised that this item
had been before the Advisory Planning Commission at their August 24 meeting and they had recommended
approval subject to all conditions. Acting Director of Community Development Hohenstein explained the
application and the reasons for the relocation.
Chad Sandy, property manager for Federal Land Company, was present and indicated agreement to the
addition of Condition #4 by the Advisory Planing Commission.
Hunter moved, Awada seconded, a motion to approve a conditional use permit for the relocation of a
pylon sign for Federal Land Company on Bicentennial 2nd Addition subject to the following conditions:
1. A one-time sign fee of $2.50 sq.ft. shall be paid upon application.
2. This conditional use permit shall be recorded at Dakota County within 60 days of City Council
approval with receipt to the City.
3. Remove existing pylon sign.
4. Replace trees removed with same number and type of trees and meet minimum size requirements
of the landscape portion of the Code.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/RAINBOW FOODS/OUTDOOR STORAGE
SHOPPING CARTS
Mayor Egan introduced this item as a conditional use permit for Rainbow Foods, to allow outdoor
storage of shopping carts on Lot 1, Block 1, Town Centre 70 Second Addition, located along the west side of
Denmark Avenue in the NW 1/4 of Section 15. City Administrator Hedges advised that this item had been
before the Advisory Planning Commission at their August 24 meeting and they had recommended approval
subject to all conditions. Acting Director of Community Development Hohenstein explained the application and
its location.
A representative of Rainbow Foods was present to answer any questions.
Awada moved, Hunter seconded, a motion to approve a conditional use permit to allow outdoor storage
of shopping carts on Lot 1, Block 1, Town Centre 70 Second Addition, located along the west side of Denmark
Avenue in the NW1/4 of Section 15, subject to the following conditions:
1. This conditional use permit shall be recorded at Dakota County within 60 days of its approval with
documentation provided to the City.
2. Only outdoor storage of shopping carts shall be allowed.
3. All applicable City Code requirements must be met.
Page 23/EAGAN CITY COUNCIL MINUTES 0 0 23 ?
September 7, 1993
4. The shopping cart outdoor storage enclosure shall be constructed of 8" block and a 4" rock face block
strip to match the existing building.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/AUTOMOBILE SERVICE STATION/TEXACO
CEDARVALE SHOPPING CENTER
Mayor Egan introduced this item as a conditional use permit for Hussein Ansari, to allow an automobile
service station and pylon sign in a CSC (Community Shopping Center) district on Lot 2, Block 1, Cedarvale 2nd
Addition, located along the southeast side of Cedarvale Boulevard, north of Rahn Road in the NE 1/4 of Section
19. City Administrator Hedges advised that this item had been before the Advisory Planning Commission at
their August 24 meeting and they had recommended approval subject to all conditions. Acting Director of
Community Development Hohenstein explained the application and its location. Mr. Hohenstein indicated that
the circular traffic pattern will be maintained. He added that this is a redevelopment of the property and Mr.
Ansari has agreed to made some improvements.
Wachter moved, Hunter seconded, a motion to approve a conditional use permit to allow an automobile
service station and pylon sign in a CSC (Community Shopping Center) district on Lot 2, Block 1, Cedarvale
Boulevard, north of Rahn Road, in the NE 1/4 of Section 19, subject to the following conditions:
1. This conditional use permit shall be recorded at Dakota County with receipt provided to the City.
2. A one-time sign fee of $2.50 sq.ft. shall be paid upon application for the sign permit. The pylon shall
be no more than 27' tall with 101 sq.ft. of signage per side.
3. All signs, except the canopy sign, shall meet Sign Code requirements.
4. A landscape plan shall be reviewed and approved by staff prior to issuance of a building permit.
5. All landscaped areas shall be irrigated.
6. The developer is required to upgrade the existing parking lot to current City Code requirements prior
to occupancy of the new automobile service station.
7. The development is required to construct a manhole on the sanitary sewer service line to the car
wash at the property line of the site.
8. The trash enclosure shall be attached to the building and constructed of the same building materials.
9. Rooftop mechanical equipment shall not be visible from adjacent lots.
10. The vent pipes shall be located up through the canopy and away from the building.
11. The applicant shall submit to the City a building elevation plan for presentation to the City Council.
Aye: 5 Nay: 0
Hunter moved, Awada seconded, a motion to approve a variance from the 20% sign area requirement
for the canopy sign. Aye: 5 Nay: 0
Page 24/EAGAN CITY COUNCIL MINUTES
September 7, 1993
SPECIAL CITY COUNCIL MEETINGS
Awada moved, Hunter seconded, a motion approving special City Council workshop sessions for
September 16 at 4:00 p.m., September 21 at 5:00 p.m. and on September 29 at 5:00 p.m. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated September 3, 1993, in the
amount of $1,962,400.16. Aye: 5 Nay: 0
ADJOURNMENT
The regular meeting of the Eagan City Council adjourned at approximately 12:35 a.m. on September
18, 1993.
KF
CITY OF EAGAN
VanOverbeke
Ci lerk
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).
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