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02/07/1984 - City Council Regular• is • SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE RAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 7, 1984 A regular meeting of. the Eagan City Council was held on Tuesday, February 7, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Adminstrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Keller. AGENDA Wachter moved, Smith seconded the motion to approve the Agenda as pre- sented. All voted yes. January 17, 1984 - Regular Meeting. City Administrator Hedges pointed out that the minutes should reflect that the Park Committee did not recommend acceptance of land for proposed park purposes in Berkshire Ponds. Smith moved, Wachter seconded the motion to approve the minutes with the revision indicated by Mr. Hedges. All voted in favor. ABATEMENT - DAKOTA COUNTY ASSESSOR'S OFFICE Mr. Bill Peterson appeared on behalf of the Dakota County Assessor's office in response to the request by Mrs. JoAnne Lemmer of 1801 Turquoise Trail for a tax abatement. Mr. Peterson informed the City Council that the County is recommending denial of this abatement, explaining that in the early 701s, the home in question had a finished basement, while neighboring homes did not, with the result that it was assessed at a higher value. The homes in the area were not reevaluated until last year when it became apparent that many of the homes in the area had finished basements and others had not been taxed at the rate comparable to the home owned by Mrs. Lemmer. Mrs. Lemmer did appear in addition with Mr. Don Sylvester who made a presentation regard- ing market comparables. After significant discussion regarding the percentage to fair market value used by the County and the effect of denial or approval of the request, the Council took no action based partly on the lack of know- ledge of the proper evaluation and the legal impact of approval or denial. 1 4 Council Minutes February 7, 1984 • DEPARTMENT READ BUSINESS FIRE DEPARTMENT District Chiefs Southorn and Schindeldecker were present to discuss the manpower report resulting from the Council's request in the fall of 1983. The district chiefs pointed out that the manpower requirements in the report were minimum requirements. The Council took no action other than requesting that future updating be provided. Other department head business was postponed to later in the meeting due to time restrictions. CONSENT AGENDA The following consent agenda items were recommended for approval by staff: 1. Contractors' License Renewals. This item was continued from the January 17, 1984 meeting to allow corrected documentation due to changes in the bonding requirements. It was recommended that the contractors' license • renewal list be approved. 2. St. John Neumann Church _ Temporary Non -Intoxicating Liquor License. It was recommended that a temporary non -intoxicating malt liquor license for St. John Neumann Church for a March 16, 1984 St. Patrick's Day dance be approved. 3. Project 0395 _ Authorize Feasibility Report. It was recommended that the feasibility report for Project 0395, Lexington Avenue Booster Station and trunk watermain be authorized due to the need for additional water supply capacity in the south area of Eagan. 4. Review and Update - Comprehensive Master Storm Sewer Plan. Staff recommended authorization of the review and update of the current Compre- hensive Master Storm Sewer Plan to be performed by the Consulting Engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. 5. Petition - Feasibility Report - Westbury Addition. A petition has been received from Dave Gabbert, developer of Westbury Addition requesting preparation of a feasibility report along with detailed plans and specifica- tions to install public streets and utilities within Westbury 1st Addition. Staff has recommended that council accept such Petition and authorize the preparation of a feasibility report for Project 0396 for the installation of streets and utilities to service the Westbury 1st Addition. E • • Council Minutes February 7, 1984 6. Project 0397 _ Denmark Avenue. Federal Land Company has made a petition requesting installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. This collector street extension is required in order for the first phase of the Eagan Heights Commercial Park PUD to be developed. Staff has recommended that the council receive the petition and authorize the preparation of a feasibility report for Project 0397 for the installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. PUBLIC REARING - STREET VACATION - OLD LEXINGTON AVENUE The Mayor then convened the public hearing regarding the vacation of old Lexington Avenue as it extends south from Diffley Road. Mr. Colbert advised that the existing right-of-way was no longer needed due to a new alignment to be dedicated as part of Kensington Place development. He also advised that Dakota Electric had no objection to the vacation as long as it was allowed to install underground utility services through the new alignment. After discus- sion, Wachter moved, Egan seconded the motion to close the hearing and to approve the vacation subject to staff securing an agreement for new easements • for the realignment of Lexington Avenue. All voted yes. NOISE EMISSION FROM SPERRY SEMI CONDUCTOR FACILITY City Administrator Hedges made a short presentation on the history of problems with the Sperry Semi -Conductor facility resulting in the request from Timberline Civic Association to review the issue at this council meeting. Additional written material had been submitted by Mr. Tom Nikolai to the City on February 7, 1984 which the Council had not yet had an opportunity to review. Presentations were made by Mr. John Gustin, President of the Timber- line Civic Association, and Mr. Thomas Nikolai, who had hired a sound expert to investigate the noise level. Mr. Garrett Mulrooney also made a presenta- tion indicating that perhaps no one, including the Council or Sperry had anticipated the problems that would ensue, but that now something had to be done about it. Mr. Ed Michaud of Sperry addressed the Council indicating that Sperry believed the noise problem would be resolved in accordance with the agreed upon time table. There was discussion regarding the use of one attenuator and five diverters on the six stacks at the plant as opposed to putting attenuators on all the stacks. Mr. Michaud also addressed intimations regarding air and water pollution which had been made at the meeting. Mr. Don Giblin of Timberline then addressed the council. After a lengthy discussion, the Council reaffirmed its position that the noise emission problem must be resolved within the agreed upon time period and that the matter would be reviewed at the first meeting in April. The City Attorney was directed to investigate the recourses available to the City if the problem was not • remedied by that date. Wachter moved, Blomqulst seconded the motion to con - 1 tinue the matter to the first meeting In April and that the City Attorney . provide a legal opinion as to the potential remedies at that time. All voted yea. 3 Council Minutes February 7, 1984 • LIQUOR LICENSE POLICY CHANGE The request for reconsideration of the off -sale liquor license policy by David Perrier, representing Perrier & Associates, continued from the January 17 meeting, was presented to the Council. It was noted the item had been continued to allow the two outstanding liquor license holders who had not activated their licenses to respond to the request for a fifth license. Mr. David Sellergren was present on behalf of Mr. Perrier indicating his client's reasoning that the area would support a fifth license based on population, past and future development. Ms. Pam McCrea was present and advised that it was her understanding that her liquor license would be activated in 1984 in the Safari Mall located in southern Eagan and close to the location requested by Perrier. It was noted that the McCreas had requested a liquor license for the same site as being requested by Perrier some years ago. After lengthy discussion, Smith moved, Blomquist seconded the motion to not change the off - sale liquor license policy and to require that one of the inactive existing • liquor licenses be activated in southern Eagan in 1984, or be open to applica- tion. Smith, Blomquist and Wachter voted in favor; Thomas voted nay, and Egan abstained. HILLANDALE ADDITION NO. 2 - PRELIMINARY PLAT • An application by Michael Construction, Inc. for preliminary plat of Hillandale Addition No. 2 consisting of approximately 12.58 acres and contain- ing approximately 125 dwelling units was presented to the Council and pre- sented for hearing by the Mayor. Mr. Hedges indicated that the Planning Commission had reviewed the matter three times recommending approval in Janu- ary of 1984. Mr. Runkle presented the proposed plat describing the proposed 2% variance for lot coverage and the developer's request for private streets in order to allow variance from setback requirements.After lengthy discus- sion regarding private versus public street, safety and maintenance and after appearances by local homeowners and the architect, Smith moved, Wachter seconded the motion to approve the preliminary plat with the conditions im- posed by the Planning Commission and the additional condition that the street be a public street with staff analysis of necessary variances for setbacks from that street. It was noted that a hardship for variance did exist due to the increased taking by MnDOT for I -35E resulting in a relatively narrow strip of land. Approval of preliminary plat is made upon the following conditions: 1. Approval of the variances in regard to setback from I -35E rights-of- way. 2. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 3. A minimum of a 25 foot setback shall be required frm the back of the • curb to any dwelling unit or portion of dwelling unit in the development project. m Council Minutes • February 7, 1984 4. A lot coverage variance not to exceed 2% shall be granted for the deelopment. 5. A building setback variance shall be approved by the City along the I -35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. 6. A public street loop shall be provided on proposed Lot 1 rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, By -Laws and Restrictions of the Homeowners Association to insure that proper access to a public street will be guaranteed for all • properties and that the Association will maintain the private streets. 10. If the petitioner is requesting a model home and sales office, this shall be so designated as a part of the approval by the City with any appro- priate conditions related thereto. • 11. Park dedication shall be satisfied in a manner determined by the City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 14. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. 5 Council Minutes February 7, 1984 • 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 20. No dead-end lateral water mains will be allowed. 21. Setback variances shall be reviewed by the staff and reported to the Council at the time of the request for final plat. All voted in favor. Mayor Blomquist next convened the public hearing regarding a request by • Lexington South, Inc., Jim Curry, for an amendment to the Lexington South Planned Development to exchange land uses on two parcels of the Lexington South PUD. It was noted that the Advisory Planning Commission recommended approval of the amendment, subject to the conditions listed in the staff report. It was noted that the exchange of land uses of the two parcels west of Northview Athletic Fields and north of that area, resulted in a potential 360 unit reduction in density over the entire area. All neighbors had been noticed as to the rezoning and agreed. Presentations by City Planner Runkle and Mr. Jim Curry indicated that the developer was willing to contractually agree to maximum densities of 4 and 12 units per acre as a result of the amendment. Wachter moved, Thomas seconded the motion to approve the rezoning subject to the conditions imposed by the planning commission and absolute maximum densities agreed upon. Said conditions are as follows: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site. All voted yea. 0 Council Minutes • February 7, 1984 THE PINES - PRELDUNARY PLAT The Mayor next convened the public hearing regarding the application for preliminary plat from Roger' Kreidberg, RLK Corporation, for The Pines, con- sisting of 3.6 acres and containing 26 condominium units located on Lot 11, Block 3, Hilltop Estates. It was noted that the Advisory Planning Commission had recommended approval on January 24, 1984 and that the plat was very similar to a preliminary plat previously requested entitled Berry Ridge Condo- miniums. After some discussion regarding the developer's responsibility for the residential street equivalent assessment for the frontage on Pilot Knob Road, Egan moved, Wachter seconded the motion to approve the preliminary plat subject to the conditions imposed by the Planning Commission, including the condition that the developer make a deposit to the trunk road fund and waive hearing for assessments for the anticipated cost of future upgrading of Pilot Knob Road. The plat is subject to the following: 1. Two lots shall be created in order that each building would fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. • 3. A homeowner's association shall be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not released until one year after the land- scaping has been completed. 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall pay into the truck road fund the residential equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. A deposit shall be determined utilizing 125% of the residential street equivalent rate for multiple dwellings, subject to reconsideration modification or elimination by the City Council at the time of • final plat approval. The Developer's waiver of notice of assessment for the upgrading of Pilot Knob Road, together with deposit would meet all responsi- bilitis for future assessments of that project. F Council Minutes February 7, 1984 is 10. That the garages on the east end of the West building shall be realigned to allow greater emergency vehicle turning area. All voted in favor. THE RENTAL PLACE - CONDITIONAL USE PERMIT A public hearing regarding the request by The Rental Place, Larry D. Pedersen, for a pylon business sign located on Lot 1, Block 1, Barton McGray Addition was next convened by Mayor Blomquist. The Advisory Planning Commis- sion recommended approval of the conditional use permit on January 24, 1984. Smith moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed yearly in accordance with the Sign Ordi- • nance. All voted in favor. PRELDI NARY RESOLUTION - CARRIAGE HII.IS HOUSING REVENUE BOND Mayor Blomquist called the public hearing regarding the application of Tomark Development Company for a preliminary resolution to consider a $6,000,000.00 multi -family housing development revenue bond issue for Carriage Hills apartment project. After a brief presentation by City Administrator Hedges regarding the project, discussion centered around City policy regarding the consortium approach to public funding of housing development. It was pointed out in the past that the Council has only authorized revenue bond issues where the funds would be used by the various developers. Thus, this proposal would require a major policy change on behalf of the City. Council- man Wachter moved, Thomas seconded the motion to schedule a public hearing on the matter for March 22, 1984, the date for the Council meeting (due to precinct caucuses) and to consider an amendment to the City Housing Plan. All voted yea. • E Council Minutes • February 7, 1984 SPECIAL PERMIT - JAMES B. HORNE FOR SEMI -TRAILER The Mayor convened a hearing regarding the request for special permit by James B. Horne for a semi -trailer to be used for storage at 3850 Coronation Road. Mr. Horne was present to submit that additional storage was needed for his mail-order business which was'expanding and would need additional storage until such time as permanent facilities could be constructed, if needed. It was pointed out that the R-1 property was proposed for commercial use in a recent preliminary plat and zoning application. Smith moved, Thomas seconded the motion to allow the use of a semi -trailer until June of 1985, at which point a proper permanent facility would be required. Smith, Wachter, Thomas and Egan voted in favor, and Blomquist voted no. SIDE SETBACK VARIANCE - BAGAN CONSTRUCTION COMPANY Mayor Blomquist next convened the public hearing regarding the request by Eagan Construction Company, Michael C. and Joan M. Gresser, for a 4.4 foot side setback variance in a Light Industrial District in Sibley Terminal Indus- trial Park. After a brief introduction by Mr. Hedges and a description by Mr. Runkle, Smith moved, Thomas seconded the motion to approve the variance. All voted in favor. • EAGAN BRA TAE IECREMENT FINANCIAL PLAN Egan moved, Thomas seconded the motion to suspend council proceedings and convene the Eagan HRA. All voted in favor. A presentation was made by Mr. Hedges and Mr. Rosholt of Faegre 6 Benson regarding the proposed Resolution approving formation of a tax increment district pursuant to redevelopment plan and tax increment financing plan for Redevelopment District No. 1. Mr. Rosholt indicated that the additional wording should be added to the Resolution indicating that the property, sub- ject to the. district was vacant, lighted and presently undevelopable by pri- vate developers in accordance with statutory requirements. Smith moved, Thomas seconded the motion to approve the Resolution. All voted in favor except Wachter who voted nay. 144:01i:1K6N71)4•I:1J:19i404:4:7:�4�7:�aHa:�::ri The Dakota County HRA Cooperative Agreement regarding block grant funding was presented. Egan moved, Wachter seconded the motion to adopt a supple- mentary agreement. All voted in favor. • Smith moved, Egan seconded the motion to adjourn the HRA and reconvene the Eagan City Council meeting. All voted in favor. d Council Minutes February 7, 1984 • KENSINGTON PLACE - FINAL PLAT Wachter moved, Egan seconded the motion to continue the application to the next council meeting. All voted in favor. CONTRACT #84-2 - YB,SCOTT ROAD TRUNK SANITARY SERER Public Works Director Colbert advised the Council of changes proposed in this contract and reasoning for such changes as confirmed by Consulting Engi- neer Bob Rosene. Egan moved, Thomas seconded the motion to -approve the detailed plans and specifications for Contract 484-2 and authorize the adver- tisement for a bid opening to be held at 9:30 a.m. on Friday, March 2, 1984. All voted in favor except Wachter who voted nay. CONTRACT #84-5 - FIRE ADMINISTRATION PARKING LOT Public Works Director Colbert then presented the plans and specifications for Contract 484-5 to upgrade the parking lot to city standards in conjunction with the rennovation of the old City Hall. After some discussion, it was • agreed that additional blacktopping would be provided to add 14 additional stalls. Wachter moved, Thomas seconded the motion to approve the plans and specifications for Contract 484-5 and authorize the advertisement for the bid opening to be held at 10:30 a.m. on Thursday, March 1, 1984. All voted in favor. CONTRACT #83-09 - CEDAR GROVE lot AND 2nd ADDITIONS Smith moved, Thomas seconded the motion to approve the sixth and final payment for Contract 483-09 for $4,100.00 to McNamara -Vivant Construction, Inc. and accept the project for perpetual maintenance. All voted in favor. DEPARTMENT BRAD BUSINESS PARK DEPARTMENT The Council then addressed the Advisory Parks and Recreation Commission's recommendation for park names. After review of the recommended names, it was resolved that the Council would suggest that Downing Athletic Fields be changed to Northview Athletic Fields, Stonecutters Park to Quarry Park, Barley Corn Park to Moonshine Park, Loggers Trail to Highllne Trail and Robber's Ravine to Ravine Park. Further, it was requested that the commission explain and possibly propose different names for Goat Hill Park and Trapp Farm Park. • 10 Council Minutes • February 7, 1984 r PROJECT #305 - ASSESSMENT BEARING Mr. Colbert then requested that the Council set a date for a new assess- ment hearing and appoint an appraiser for this project. It was explained that due to legal technicalities, a request for appeal and questions regarding the benefit to the property, that the prior assessment should be vacated and a new hearing set. Smith moved, Thomas seconded the motion to cancel the prior assessments for this project and to schedule a new final assessment hearing for March 6, 1984 and to hire Mark Parranto to appraise the property to determine benefit to the property from the public improvement. All voted in favor. JOINT POWERS AGREEMENT - TRAFFIC STRIPING The Public Works Director then presented a proposal that the communities of Burnsville, Apple Valley and Eagan execute a Joint Powers Agreement to obtain annual traffic lane pavement marking and striping by combining quanti- ties in all three communities to achieve a better unit price. Wachter moved, Egan seconded the motion to approve a Joint Powers Agreement with Burnsville and Apple Valley for 1984 traffic markings and to authorize the Mayor and City • Clerk to execute all related documents. All voted in favor. COST PARTICIPATION AGREEMENT WITH DAKOTA COUNTY I-359 AND PILOT KNOB ROAD Public Works Director Colbert then presented to the Council that MnDOT had proposed that the County be responsible for the improvement of Pilot Knob Road south of the crossing with I -35E, including 400 feet of taper, which would not be assessable by the City and which normally would be 45% responsi- bility of the City in terms of cost. The Council resolved that Mr. Colbert should pursue the matter to the best of his ability to avoid as much cost as possible to the City. ENFORCING OFFICER - Smith moved, Wachter seconded the motion to approve Mr. Hedges as the enforcing officer responsible for compliance with federal handicapped dis- crimination regulations. All voted in favor. RACE TRACK FACILITY City Administrator Hedges advised the Council that the City now possesses a preliminary EIS for review by the City. He also advised the Council that the State Racing Commission had scheduled a meeting for March 8 and another for some time between March 13 and March 17 for consideration of various issues. 11 Council Minutes February 7, 1984 Discussion was held regarding sculpturing of a portion of the Lone Oak Tree for preservation by the City. Further investigation was indicated. SPECIAL AND CONDITIONAL USE PERMIT SH4INAR It was pointed out to the Council that a seminar was being held in the near future which may be very beneficial to the Councilmembers regarding special and conditional use permits. It was resolved that the $11.00 cost of the seminar would be paid by the City. Discussion was initiated regarding noise testing and the purchase of noise testing equipment in regard to Sperry and Pilot Knob. The City Adminis- trator was directed to further investigate. EASED! VACATION - NORTN OF eT88 PINES• • Discussion was held regarding the vacation of easement for a trailway across church property just north of The Pines proposed preliminary plat and it was resolved by the Council that the city would initiate said easement vacation. Wachter moved, Thomas seconded the motion to approve the following check- list dated: All voted yea. Smith moved, Thomas seconded the motion to adjourn the meeting at 12:35 a.m. All voted in favor. 12 rjy D City Clerk is SUBJECT TO APPROVAL MINUTES OF A REGULAR NEETIM OF THE RAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 7, 1984 A regular meeting of the Eagan City Council was held on Tuesday,, February 7, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Adminstrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Keller. AGENDA Wachter moved, Smith seconded the motion to approve the Agenda as pre- sented. All voted yes. MINUTES January 171 1984 - Regular Meeting. City Administrator Hedges pointed out that the minutes should reflect that the Park Committee did not recommend acceptance of land for proposed park purposes in Berkshire Ponds. Smith moved, Wachter seconded the motion to approve the minutes with the revision indicated by Mr. Hedges. All voted in favor. ABATEMENT - DAKOTA COUNTY ASSESSOR'S OFFICE Mr. Bill Peterson appeared on behalf of the Dakota County Assessor's office in response to the request by Mrs. JoAnne Lemmer of 1801 Turquoise Trail for a tax abatement. Mr. Peterson informed the City Council that the County is recommending denial of this abatement, explaining that in the early 701s, the home in question had a finished basement, while neighboring homes did not, with the result that it was assessed at a higher value. The, homes in the area were not reevaluated until last year when it became apparent that many of the homes in the area had finished basements and others ha& not been taxed at the rate comparable to the home owned by Mrs. Lemmer. Mrs. Lemmer did appear in addition with Mr. Don Sylvester who made a presentation regard- ing market comparables. After significant discussion regarding the percentage to fair market value used by the County and the effect of denial or approval of the request, the Council took no action based partly on the lack of know- ledge of the proper evaluation and the legal impact of approval or denial. Council Minutes February 7, 1984 DEPAATPOW BEAD BUSINESS FIRE DEPARTKW District Chiefs Southorn and Schindeldecker were present to discuss the manpower report resulting from the Council's request in the fall of 1983• The district chiefs pointed out that the manpower requirements in the report were minimum requirements. The Council took no action other than requesting that future updating be provided. Other department head business was postponed to later in the meeting due to time restrictions. r$, ti:1;Y : ha;lI The following consent agenda items were recommended for approval by staff: 1. Contractors' License Renewals. This item was continued from the January 17, 1984 meeting to allow corrected documentation due to changes in the bonding requirements. It was recommended that the contractors' license renewal list be approved. 2. St. John Neumann Church _ Temporary Non -Intoxicating Liquor License. It was recommended that a temporary non -intoxicating malt liquor license for St. John Neumann Church for a March 16, 1984 St. Patrick's Day dance be approved. 3. Project 0395 _ Authorize Feasibility Report. It was recommended that the feasibility report for Project 0395, Lexington Avenue Booster Station and trunk watermain be authorized due, to the need for additional water supply capacity in the south area of Eagan. 4. Review and Update - Comprehensive Master Storm Sewer Plan. Staff recommended authorization of the review and update of the current Compre- hensive Master Storm Sewer Plan to be performed by the Consulting Engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. 5. Petition - Feasibility Report _ Westbury Addition. A petition has been received from Dave Gabbert, developer of Westbury Addition requesting preparation of a feasibility report along with detailed plans and specifica- tions to install public streets and utilities within Westbury 1st Addition. Staff has recommended that council accept such Petition and authorize the preparation of a feasibility report for Project 0396 for the installation of streets and utilities to service the Westbury 1st Addition. R Council Minutes February 7, 1984 6. Project 0397 _ Denmark Avenue. Federal Land Company has made a petition requesting installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. This collector street extension is required in order for the first phase of the Eagan Heights Commercial Park PUD to be developed. Staff has recommended that the council receive the petition and authorize the preparation of a feasibility report for Project 0397 for the installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. PUBLIC HEARING - STREET VACATION - OLD LEIINGTON AVENUE The Mayor then convened the public hearing regarding the vacation of old Lexington Avenue as it extends south from Diffley Road. Mr. Colbert' advised that the existing right-of-way was no longer needed due to a new alignment to be dedicated as part of Kensington Place development. He also advised that Dakota Electric had no objection to the vacation as long as it was allowed to install underground utility services through the new alignment. After discus- sion, Wachter moved, Egan seconded the motion to close the hearing and to approve the vacation subject to staff securing an agreement for new easements for the realignment of Lexington Avenue. All voted yes. NOISE EMISSION FROM SPERRY SEMI CONDUCTOR FACILITY City Administrator Hedges made a short presentation on the history of problems with the Sperry Semi -Conductor facility resulting in the request from Timberline Civic Association to review the issue at this council meeting. Additional written material had been submitted by Mr. Tom Nikolai to the City on February 7, 1984 which the Council had not yet had an opportunity to review. Presentations were made by Mr. John Gustin, President of the Timber- line Civic Association, and Mr. Thomas Nikolai, who had hired a sound expert to investigate the noise level. Mr. Garrett Mulrooney also made a presenta- tion indicating that perhaps no one, including the Council or Sperry had anticipated the problems that would ensue, but that now something had to be done about it. Mr. Ed Michaud of Sperry addressed the Council indicating that Sperry believed the noise problem would be resolved in accordance with the agreed upon time table. There was discussion regarding the use of one attenuator and five diverters on the six stacks at the plant as opposed to putting attenuators on all the stacks. Mr. Michaud also addressed intimations regarding air and water pollution which had been made at the meeting.' Mr. Don Giblin of Timberline then addressed the council. After a lengthy discussion, the Council reaffirmed its position that the noise emission problem must be resolved within the agreed upon time period and that the matter would be reviewed at the first meeting in April. The City Attorney was directed to investigate the recourses available to the City if the problem was not remedied by that date. Wachter moved, Blomquist seconded the motion to con- tinue the matter to the first meeting in April and that the City Attorney N y4 provide a legal opinion as to the potential remedies at that time. All voted yea. 5 /Yti4 3 Council Minutes February 7, 1984 LIQUOR LICENSE POLICY CHANGE The request for reconsideration of the off -sale liquor license policy by David Perrier, representing Perrier & Associates, continued from the January 17 meeting, was presented to the Council. It was noted the item had been continued to allow the two outstanding liquor license holders who had not activated their licenses to respond to the request for a fifth license. Mr. David Sellergren was present on behalf of Mr. Perrier indicating his client's reasoning that the area would support a fifth license based on population, past and future development. Ms. Pam McCrea was present and advised that it was her understanding that her liquor license would be activated in 1984 in the Safari Mall located in southern Eagan and close to the location requested by Perrier. It was noted that the McCreas had requested a liquor license for the same site as being requested by Perrier some years ago. After lengthy discussion, Smith moved, Blomquist seconded the motion not to change the off - sale liquor license policy and to require that one of the inactive existing -&*O" liquor licenses be activated in southern Eagan in 1984, or be open to applica- f/Jrt" motion. Smith, Blomquist and Wachter voted in favor; Thomas voted nay, and Egan �0bstained. Egan then moved, Wachter seconded the motion to place J. E. 1'`' Parranto on notice that in the event an off sale liquor establishment is not r�activated by him in 1984, that the Council will not approve the renewal of his license for 1985. All voted yes. HILLANDALE ADDITION NO. 2 - PRELIMINARY PLAT An application by Michael Construction, Inc. for preliminary plat of Hillandale Addition No. 2 consisting of approximately 12.58 acres and contain- ing approximately 125 dwelling units was presented to the Council. Mr. Hedges indicated that the Planning Commission had reviewed the matter three times recommending approval in January of, 1984. Mr. Runkle presented the proposed plat describing the proposed 2% variance for lot coverage and the developer's request for private streets in order to allow variance from setback require- ments. After lengthy discussion regarding private versus public street, safety and maintenance and after appearances by local homeowners and the architect, Smith moved, Wachter seconded the motion to approve the preliminary plat with the following conditions, noting that a hardship for variance did exist due to the increased acquisition by MnDOT for I -35E resulting in a relatively narrow strip of land: 1. The internal street shall be a public street with staff analyses and determination of necessary variances for setbacks from that street. 2. Approval of the variances in regard to setback from I -35E rights-of- way. 3. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 4 %.ouncil Minutes February 7, 1984 4. A lot coverage variance not to exceed 2% shall be granted for the deelopment. 5. A building setback variance shall be approved by the City along the I -35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. 6. A public street loop shall be provided on proposed Lot 1 rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, By -Laws and Restrictions of the Homeowner's Association to insure that proper access to a public street will be guaranteed for all properties and that the Association will maintain the private streets. I 10. If the petitioner is requesting a model home and sales office, this shall be so designated as a part of the approval by the City with any appro- priate conditions related thereto. 11. Park dedication shall be satisfied in a manner determined by the City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat; and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 14. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. E Council Minutes February 7, 1984 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 20. No dead-end lateral water mains will be allowed. 21. Setback variances shall be reviewed by the staff and reported to the Council at the time of the request for final plat. All voted in favor. AlD 1T — LEXINGTON SOUTH POD Mayor Blomquist next convened the public hearing regarding a request by Lexington South, Inc., Jim Curry, for an amendment to the Lexington South Planned Development to exchange land uses on two parcels of the Lexington South PUD. It was noted that the Advisory Planning Commission recommended approval of the amendment, subject to the conditions listed in the staff report. It was noted that the exchange of land uses of the two parcels west of Northview Athletic Fields and north of that area, resulted in a potential 360 unit reduction in density over the entire area. All neighbors had been noticed as to the rezoning and agreed. Presentations by City Planner Runkle and Mr. Jim Curry indicated that the developer was willing to contractually agree to maximum densities of 4 and 12 units per acre as a result of the amendment. Wachter moved, Thomas seconded the motion to approve the rezoning subject to the following conditions and absolute maximum densities agreed upon: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site.. All voted yea. V Council Minutes February 7, 1984 THE PINES.- PRELIKEKARY PLAT The Mayor next convened the public hearing regarding the application for preliminary plat approval from Roger Kreidberg, ALK Corporation, for The Pines, consisting of 3.6 acres and containing 26 condominium units located on Lot 11, Block 3, Hilltop Estates. It was noted that the Advisory Planning Commission had recommended approval on January 24, 1984 and that the plat was very similar to a preliminary plat previously requested entitled Berry Ridge Condominiums. After some discussion regarding the developer's responsibility for the residential street equivalent assessment for the frontage on Pilot Knob Road, Egan moved, Wachter seconded the motion to approve the preliminary plat subject to the following conditions, including the condition that the developer make a deposit to the trunk road fund and waive notice of hearing for assessments for the anticipated cost of future upgrading of Pilot Knob Road. The plat is subject to the following: 1. Two lots shall be created in order that each building will fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. 3. A homeowner's association shall be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not released until one year after the land- scaping has been completed. 5• The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must;be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall pay into the trunk road fund the residential equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. A deposit shall be determined utilizing 125% of the residential street equivalent rate for multiple dwellings, subject to reconsideration, modification or elimination by the City Council at the time of final plat approval. The Developer's waiver of notice of assessment for the upgrading of Pilot Knob Road, together with deposit would meet all responsi- bilities for future assessments of that project. 7 Council Minutes February 7, 1984 10. The garages on the east end of the West building shall be realigned to allow greater emergency vehicle turning area. All voted in favor. I.. THE RENTAL PLACE - CONDITIONAL USE PER?QT A public hearing regarding the request by The Rental Place, Larry D. Pedersen, for a pylon business sign located on Lot 1, Block 1, Barton McOray Addition was next convened by Mayor Blomquist. The Advisory Planning Commis- sion recommended approval of the conditional use permit on January 24, 1984. Smith moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed yearly in accordance with the Sign Ordi- nance. All voted in favor. RESOLUTION - CARRIAGE BILIS SOUSING REVENUE BOND Mayor Blomquist called the public hearing regarding the application of Tomark Development Company for a preliminary resolution to consider a $6,000,000.00 multi -family housing development revenue bond issue for Carriage Hills apartment project. After a brief presentation by City Administrator Hedges regarding the project, discussion centered around City policy regarding the consortium approach to public funding of housing development. It was pointed out in the past that the Council has only authorized revenue bond issues where the funds would be used by the various developers. Thus, this proposal would require a major policy change on behalf of the City. Council- man Wachter moved, Thomas seconded the motion to schedule a public hearing on the matter for March 22, 1984, and further to reschedule the March 20, 1984 regular Council meeting to March 22, 1984 (due to precinct caucuses) and to consider an amendment to the City Housing Plan. All voted yea. N Council Minutes February 7, 1984 SPECIAL PERMIT - JAMBS B. HORNE FOR SElII-TRAILER The Mayor convened a hearing regarding the request for special permit by James B. Horne for a semi -trailer to be used for storage at 3850 Coronation Road. Mr. Horne was present to submit that additional storage was needed for his mail-order business which was expanding and would need additional storage until such time as permanent facilities could be constructed, if needed. It was pointed out that the R-1 property was proposed for commercialluse in a recent preliminary plat and zoning application. Smith moved, Thomas seconded the motion to allow the use of a semi -trailer until June of 1985, at which point a proper permanent facility would be required. Smith, Wachter', Thomas and Egan voted in favor, and Blomquist voted no. SIDE SETBACK VARIANCE - RAGAN CONSTRUCTION COMPANY Mayor Blomquist next convened the public hearing regarding the request by Eagan Construction Company, Michael C. and Joan M. Gresser, for a 4.4 foot side setback variance in a Light Industrial District in Sibley Terminal Indus- trial Park. After a brief introduction by Mr. Hedges and a description by Mr. Runkle, Smith moved, Thomas seconded the motion to approve the variance. All voted in favor. EAGAN REA TAF INCREMENT FINANCIAL PLAN Egan moved, Thomas seconded the motion to suspend council proceedings and convene the Eagan HAA. All voted in favor. A presentation was made by Mr. Hedges and Mr. Rosholt of Faegre 8 Benson regarding the proposed Resolution approving formation of a tax increment district pursuant to redevelopment plan and tax increment financing 'plan for Redevelopment District No. 1. Mr. Rosholt indicated that the additional wording should be added to the Resolution indicating that the property, sub- ject to the district was vacant, blighted and presently undevelopable by pri- vate developers in accordance with statutory requirements. Smith moved, Thomas seconded the motion to approve the Resolution. All voted in favor except Wachter who voted nay. DAKOTA COUNTY BRA COOPERATIVE AGREEMENT The Dakota County HRA Supplementary Cooperative Agreement regarding block grant funding was presented. Egan moved, Wachter seconded the motion1to adopt the supplementary agreement. All voted in favor. Smith moved, Egan seconded the motion to adjourn the HRA and reconvene the Eagan City Council meeting. All voted in favor. E Council Minutes February 7, 1984 KENSINGTON PLACE - FINAL PLAT Wachter moved, Egan seconded the motion to continue the application for approval of the final plat of Kensington Place to the next council meeting. All voted in favor. CONTRACT #84-2 - WESCOIT ROAD TRUNK SANITARY SEWER Public Works Director Colbert advised the Council of changes proposed in this contract and reasoning for such changes as confirmed by Consulting Engi- neer Bob Rosene. Egan moved, Thomas seconded the motion to approve the de- tailed plans and specifications for Contract 084-2 and authorize the adver- tisement for opening of bids to be held at 9:30 a.m. on Friday, March 2, 1984 at the City Hall. All voted in favor except Wachter who voted nay. CONTRACT #84-5 - FIN ADMINISTRATION PARKING LOT Public Works Director Colbert then presented the plans and specifications for Contract 084-5 to upgrade the parking lot to city standards in conjunction with the renovation of the old City Hall. After some discussion, it was agreed that additional blacktopping would be provided to add 14 additional stalls. Wachter moved, Thomas seconded the motion to approve the plans and specifications for Contract 084-5 and authorize the advertisement for the opening of bids to be held at 10:30 a.m, on Thursday, March 1, 1984 at the City Hall. All voted in favor. CONTRACT 083-09 - CEDAR GROVE 1st AND 2nd ADDITIONS Smith moved, Thomas seconded the motion to approve the sixth and final payment for Contract 083-09 for $4,100.00 to McNamara -Vivant Construction, Inc. and accept the project for perpetual maintenance. All voted in favor. DEPARTI1KNT RRA D BUSINESS PARK DEPAR7XKNT The Council then addressed the Advisory Parks and Recreation Commission's recommendation for park names. The following park names were recommended by the Advisory Park and Recreation Commission and approved by the City Council: Oak Chase Park, Thomas Lake Park, Carnelian Park, Cinnamon Park, County Home Park, O'Leary Park, Fish Lake Park, Berry Patch Park, Pilot Knob Park, Ridgecliff Park, Walnut Hill Park, Wescott Station Park, Woodhaven Park, and Meadowland Park. 10 Council Minutes February 7, 1984 PROJECT 8305 - ASSESSMENT HEARING Mr. Colbert then requested that the Council set a date for a new,assess- ment hearing for Project 0305 consisting of the McCarthy property water trunk improvements and appoint an appraiser for this project. It was explained that due to legal technicalities, including an appeal and questions regarding the benefit to the property, that the prior assessment should be vacated and a new hearing set. Smith moved, Thomas seconded the motion to cancel the prior assessments for this project and to schedule a new final assessment hearing for March 6, 1984 and to hire Mark Parranto to appraise the property to determine benefit to the property from the public improvement. All voted in favor. JOINT POWERS AGREEMENT - TRAFFIC STRIPING The Public Works Director then presented a proposal that the communities of Burnsville, Apple Valley and Eagan execute a Joint Powers Agreement to obtain annual traffic lane pavement marking and striping by combiningiquanti- ties in all three communities to achieve a better unit price. Wachter moved, Egan seconded the motion to approve a Joint Powers Agreement with Burnsville and Apple Valley for 1984 traffic markings and to authorize the Mayor and City Clerk to execute all related documents. All voted in favor. COST PARTICIPATION AGREEMENT WITH DAKOTA COUNTY I-359 AND PILOT KNOB ROAD Public Works Director Colbert then presented to the Council that MnDOT had proposed that Dakota County be responsible for the improvement of Pilot Knob Road south of the crossing with I -35E, including 400 feet of taper, which would not be assessable by the City and normally the City would be responsible for 45% of the cost. The Council requested that Mr. Colbert pursue the matter to the best of his ability to avoid as much cost as possible to the City. ENFORCING OFFICER - Smith moved, Wachter seconded the motion to approve Mr. Hedges as the enforcing officer responsible for compliance with federal handicapped dis- crimination regulations. All voted in favor. RACE TRACK FACILITY City Administrator Hedges advised the Council that the City now possesses a preliminary EIS for the proposed Eagan race facilityfor review by the City. He also advised the Council that the State Racing Commission had scheduled a hearing for March 8, 1984 and another for some time between March 13 and March 17, 1984 for consideration of various issues, including site location. 11 Council Minutes February 7, 1984 LONE OAK TREE Council members discussed a proposal from a local sculptor to sculpt some of the wood from the Lone Oak Tree for preservation by the City. Further investigation was requested. SPECIAL AND CONDITIONAL USE PERMIT SEMINAR It was pointed out to the Council that a seminar was being held in the near future which may be very beneficial to the Councilmembers regarding special and conditional use permits. The Council directed that the $11.00 cost of the seminar would be paid by the City. NOISE TESTING Discussion was initiated regarding noise testing and the purchase of noise testing equipment in regard to Sperry and Pilot Knob. The City Adminis- trator was directed to investigate further and to contact the MPCA for possible testing. BASB21EBT VACATION - BEAUTIFUL SAVIOR CHURCH Discussion was held regarding the vacation of easement for a trailway across Beautiful Savior Lutheran Church property. The Council directed the staff to initiate easement vacation proceedings. Wachter moved, Thomas seconded the motion to approve the following check- list dated: All voted yea. Smith moved, Thomas seconded the motion to adjourn the meeting at 12:35 a.m. All voted in favor. City Clerk 12 • is • SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE RAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 7, 1984 A regular meeting of. the Eagan City Council was held on Tuesday, February 7, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Adminstrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Keller. AGENDA Wachter moved, Smith seconded the motion to approve the Agenda as pre- sented. All voted yes. January 17, 1984 - Regular Meeting. City Administrator Hedges pointed out that the minutes should reflect that the Park Committee did not recommend acceptance of land for proposed park purposes in Berkshire Ponds. Smith moved, Wachter seconded the motion to approve the minutes with the revision indicated by Mr. Hedges. All voted in favor. ABATEMENT - DAKOTA COUNTY ASSESSOR'S OFFICE Mr. Bill Peterson appeared on behalf of the Dakota County Assessor's office in response to the request by Mrs. JoAnne Lemmer of 1801 Turquoise Trail for a tax abatement. Mr. Peterson informed the City Council that the County is recommending denial of this abatement, explaining that in the early 701s, the home in question had a finished basement, while neighboring homes did not, with the result that it was assessed at a higher value. The homes in the area were not reevaluated until last year when it became apparent that many of the homes in the area had finished basements and others had not been taxed at the rate comparable to the home owned by Mrs. Lemmer. Mrs. Lemmer did appear in addition with Mr. Don Sylvester who made a presentation regard- ing market comparables. After significant discussion regarding the percentage to fair market value used by the County and the effect of denial or approval of the request, the Council took no action based partly on the lack of know- ledge of the proper evaluation and the legal impact of approval or denial. 1 4 Council Minutes February 7, 1984 • DEPARTMENT READ BUSINESS FIRE DEPARTMENT District Chiefs Southorn and Schindeldecker were present to discuss the manpower report resulting from the Council's request in the fall of 1983. The district chiefs pointed out that the manpower requirements in the report were minimum requirements. The Council took no action other than requesting that future updating be provided. Other department head business was postponed to later in the meeting due to time restrictions. CONSENT AGENDA The following consent agenda items were recommended for approval by staff: 1. Contractors' License Renewals. This item was continued from the January 17, 1984 meeting to allow corrected documentation due to changes in the bonding requirements. It was recommended that the contractors' license • renewal list be approved. 2. St. John Neumann Church _ Temporary Non -Intoxicating Liquor License. It was recommended that a temporary non -intoxicating malt liquor license for St. John Neumann Church for a March 16, 1984 St. Patrick's Day dance be approved. 3. Project 0395 _ Authorize Feasibility Report. It was recommended that the feasibility report for Project 0395, Lexington Avenue Booster Station and trunk watermain be authorized due to the need for additional water supply capacity in the south area of Eagan. 4. Review and Update - Comprehensive Master Storm Sewer Plan. Staff recommended authorization of the review and update of the current Compre- hensive Master Storm Sewer Plan to be performed by the Consulting Engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. 5. Petition - Feasibility Report - Westbury Addition. A petition has been received from Dave Gabbert, developer of Westbury Addition requesting preparation of a feasibility report along with detailed plans and specifica- tions to install public streets and utilities within Westbury 1st Addition. Staff has recommended that council accept such Petition and authorize the preparation of a feasibility report for Project 0396 for the installation of streets and utilities to service the Westbury 1st Addition. E • • Council Minutes February 7, 1984 6. Project 0397 _ Denmark Avenue. Federal Land Company has made a petition requesting installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. This collector street extension is required in order for the first phase of the Eagan Heights Commercial Park PUD to be developed. Staff has recommended that the council receive the petition and authorize the preparation of a feasibility report for Project 0397 for the installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. PUBLIC REARING - STREET VACATION - OLD LEXINGTON AVENUE The Mayor then convened the public hearing regarding the vacation of old Lexington Avenue as it extends south from Diffley Road. Mr. Colbert advised that the existing right-of-way was no longer needed due to a new alignment to be dedicated as part of Kensington Place development. He also advised that Dakota Electric had no objection to the vacation as long as it was allowed to install underground utility services through the new alignment. After discus- sion, Wachter moved, Egan seconded the motion to close the hearing and to approve the vacation subject to staff securing an agreement for new easements • for the realignment of Lexington Avenue. All voted yes. NOISE EMISSION FROM SPERRY SEMI CONDUCTOR FACILITY City Administrator Hedges made a short presentation on the history of problems with the Sperry Semi -Conductor facility resulting in the request from Timberline Civic Association to review the issue at this council meeting. Additional written material had been submitted by Mr. Tom Nikolai to the City on February 7, 1984 which the Council had not yet had an opportunity to review. Presentations were made by Mr. John Gustin, President of the Timber- line Civic Association, and Mr. Thomas Nikolai, who had hired a sound expert to investigate the noise level. Mr. Garrett Mulrooney also made a presenta- tion indicating that perhaps no one, including the Council or Sperry had anticipated the problems that would ensue, but that now something had to be done about it. Mr. Ed Michaud of Sperry addressed the Council indicating that Sperry believed the noise problem would be resolved in accordance with the agreed upon time table. There was discussion regarding the use of one attenuator and five diverters on the six stacks at the plant as opposed to putting attenuators on all the stacks. Mr. Michaud also addressed intimations regarding air and water pollution which had been made at the meeting. Mr. Don Giblin of Timberline then addressed the council. After a lengthy discussion, the Council reaffirmed its position that the noise emission problem must be resolved within the agreed upon time period and that the matter would be reviewed at the first meeting in April. The City Attorney was directed to investigate the recourses available to the City if the problem was not • remedied by that date. Wachter moved, Blomqulst seconded the motion to con - 1 tinue the matter to the first meeting In April and that the City Attorney . provide a legal opinion as to the potential remedies at that time. All voted yea. 3 Council Minutes February 7, 1984 • LIQUOR LICENSE POLICY CHANGE The request for reconsideration of the off -sale liquor license policy by David Perrier, representing Perrier & Associates, continued from the January 17 meeting, was presented to the Council. It was noted the item had been continued to allow the two outstanding liquor license holders who had not activated their licenses to respond to the request for a fifth license. Mr. David Sellergren was present on behalf of Mr. Perrier indicating his client's reasoning that the area would support a fifth license based on population, past and future development. Ms. Pam McCrea was present and advised that it was her understanding that her liquor license would be activated in 1984 in the Safari Mall located in southern Eagan and close to the location requested by Perrier. It was noted that the McCreas had requested a liquor license for the same site as being requested by Perrier some years ago. After lengthy discussion, Smith moved, Blomquist seconded the motion to not change the off - sale liquor license policy and to require that one of the inactive existing • liquor licenses be activated in southern Eagan in 1984, or be open to applica- tion. Smith, Blomquist and Wachter voted in favor; Thomas voted nay, and Egan abstained. HILLANDALE ADDITION NO. 2 - PRELIMINARY PLAT • An application by Michael Construction, Inc. for preliminary plat of Hillandale Addition No. 2 consisting of approximately 12.58 acres and contain- ing approximately 125 dwelling units was presented to the Council and pre- sented for hearing by the Mayor. Mr. Hedges indicated that the Planning Commission had reviewed the matter three times recommending approval in Janu- ary of 1984. Mr. Runkle presented the proposed plat describing the proposed 2% variance for lot coverage and the developer's request for private streets in order to allow variance from setback requirements.After lengthy discus- sion regarding private versus public street, safety and maintenance and after appearances by local homeowners and the architect, Smith moved, Wachter seconded the motion to approve the preliminary plat with the conditions im- posed by the Planning Commission and the additional condition that the street be a public street with staff analysis of necessary variances for setbacks from that street. It was noted that a hardship for variance did exist due to the increased taking by MnDOT for I -35E resulting in a relatively narrow strip of land. Approval of preliminary plat is made upon the following conditions: 1. Approval of the variances in regard to setback from I -35E rights-of- way. 2. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 3. A minimum of a 25 foot setback shall be required frm the back of the • curb to any dwelling unit or portion of dwelling unit in the development project. m Council Minutes • February 7, 1984 4. A lot coverage variance not to exceed 2% shall be granted for the deelopment. 5. A building setback variance shall be approved by the City along the I -35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. 6. A public street loop shall be provided on proposed Lot 1 rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, By -Laws and Restrictions of the Homeowners Association to insure that proper access to a public street will be guaranteed for all • properties and that the Association will maintain the private streets. 10. If the petitioner is requesting a model home and sales office, this shall be so designated as a part of the approval by the City with any appro- priate conditions related thereto. • 11. Park dedication shall be satisfied in a manner determined by the City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 14. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. 5 Council Minutes February 7, 1984 • 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 20. No dead-end lateral water mains will be allowed. 21. Setback variances shall be reviewed by the staff and reported to the Council at the time of the request for final plat. All voted in favor. Mayor Blomquist next convened the public hearing regarding a request by • Lexington South, Inc., Jim Curry, for an amendment to the Lexington South Planned Development to exchange land uses on two parcels of the Lexington South PUD. It was noted that the Advisory Planning Commission recommended approval of the amendment, subject to the conditions listed in the staff report. It was noted that the exchange of land uses of the two parcels west of Northview Athletic Fields and north of that area, resulted in a potential 360 unit reduction in density over the entire area. All neighbors had been noticed as to the rezoning and agreed. Presentations by City Planner Runkle and Mr. Jim Curry indicated that the developer was willing to contractually agree to maximum densities of 4 and 12 units per acre as a result of the amendment. Wachter moved, Thomas seconded the motion to approve the rezoning subject to the conditions imposed by the planning commission and absolute maximum densities agreed upon. Said conditions are as follows: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site. All voted yea. 0 Council Minutes • February 7, 1984 THE PINES - PRELDUNARY PLAT The Mayor next convened the public hearing regarding the application for preliminary plat from Roger' Kreidberg, RLK Corporation, for The Pines, con- sisting of 3.6 acres and containing 26 condominium units located on Lot 11, Block 3, Hilltop Estates. It was noted that the Advisory Planning Commission had recommended approval on January 24, 1984 and that the plat was very similar to a preliminary plat previously requested entitled Berry Ridge Condo- miniums. After some discussion regarding the developer's responsibility for the residential street equivalent assessment for the frontage on Pilot Knob Road, Egan moved, Wachter seconded the motion to approve the preliminary plat subject to the conditions imposed by the Planning Commission, including the condition that the developer make a deposit to the trunk road fund and waive hearing for assessments for the anticipated cost of future upgrading of Pilot Knob Road. The plat is subject to the following: 1. Two lots shall be created in order that each building would fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. • 3. A homeowner's association shall be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not released until one year after the land- scaping has been completed. 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall pay into the truck road fund the residential equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. A deposit shall be determined utilizing 125% of the residential street equivalent rate for multiple dwellings, subject to reconsideration modification or elimination by the City Council at the time of • final plat approval. The Developer's waiver of notice of assessment for the upgrading of Pilot Knob Road, together with deposit would meet all responsi- bilitis for future assessments of that project. F Council Minutes February 7, 1984 is 10. That the garages on the east end of the West building shall be realigned to allow greater emergency vehicle turning area. All voted in favor. THE RENTAL PLACE - CONDITIONAL USE PERMIT A public hearing regarding the request by The Rental Place, Larry D. Pedersen, for a pylon business sign located on Lot 1, Block 1, Barton McGray Addition was next convened by Mayor Blomquist. The Advisory Planning Commis- sion recommended approval of the conditional use permit on January 24, 1984. Smith moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed yearly in accordance with the Sign Ordi- • nance. All voted in favor. PRELDI NARY RESOLUTION - CARRIAGE HII.IS HOUSING REVENUE BOND Mayor Blomquist called the public hearing regarding the application of Tomark Development Company for a preliminary resolution to consider a $6,000,000.00 multi -family housing development revenue bond issue for Carriage Hills apartment project. After a brief presentation by City Administrator Hedges regarding the project, discussion centered around City policy regarding the consortium approach to public funding of housing development. It was pointed out in the past that the Council has only authorized revenue bond issues where the funds would be used by the various developers. Thus, this proposal would require a major policy change on behalf of the City. Council- man Wachter moved, Thomas seconded the motion to schedule a public hearing on the matter for March 22, 1984, the date for the Council meeting (due to precinct caucuses) and to consider an amendment to the City Housing Plan. All voted yea. • E Council Minutes • February 7, 1984 SPECIAL PERMIT - JAMES B. HORNE FOR SEMI -TRAILER The Mayor convened a hearing regarding the request for special permit by James B. Horne for a semi -trailer to be used for storage at 3850 Coronation Road. Mr. Horne was present to submit that additional storage was needed for his mail-order business which was'expanding and would need additional storage until such time as permanent facilities could be constructed, if needed. It was pointed out that the R-1 property was proposed for commercial use in a recent preliminary plat and zoning application. Smith moved, Thomas seconded the motion to allow the use of a semi -trailer until June of 1985, at which point a proper permanent facility would be required. Smith, Wachter, Thomas and Egan voted in favor, and Blomquist voted no. SIDE SETBACK VARIANCE - BAGAN CONSTRUCTION COMPANY Mayor Blomquist next convened the public hearing regarding the request by Eagan Construction Company, Michael C. and Joan M. Gresser, for a 4.4 foot side setback variance in a Light Industrial District in Sibley Terminal Indus- trial Park. After a brief introduction by Mr. Hedges and a description by Mr. Runkle, Smith moved, Thomas seconded the motion to approve the variance. All voted in favor. • EAGAN BRA TAE IECREMENT FINANCIAL PLAN Egan moved, Thomas seconded the motion to suspend council proceedings and convene the Eagan HRA. All voted in favor. A presentation was made by Mr. Hedges and Mr. Rosholt of Faegre 6 Benson regarding the proposed Resolution approving formation of a tax increment district pursuant to redevelopment plan and tax increment financing plan for Redevelopment District No. 1. Mr. Rosholt indicated that the additional wording should be added to the Resolution indicating that the property, sub- ject to the. district was vacant, lighted and presently undevelopable by pri- vate developers in accordance with statutory requirements. Smith moved, Thomas seconded the motion to approve the Resolution. All voted in favor except Wachter who voted nay. 144:01i:1K6N71)4•I:1J:19i404:4:7:�4�7:�aHa:�::ri The Dakota County HRA Cooperative Agreement regarding block grant funding was presented. Egan moved, Wachter seconded the motion to adopt a supple- mentary agreement. All voted in favor. • Smith moved, Egan seconded the motion to adjourn the HRA and reconvene the Eagan City Council meeting. All voted in favor. d Council Minutes February 7, 1984 • KENSINGTON PLACE - FINAL PLAT Wachter moved, Egan seconded the motion to continue the application to the next council meeting. All voted in favor. CONTRACT #84-2 - YB,SCOTT ROAD TRUNK SANITARY SERER Public Works Director Colbert advised the Council of changes proposed in this contract and reasoning for such changes as confirmed by Consulting Engi- neer Bob Rosene. Egan moved, Thomas seconded the motion to -approve the detailed plans and specifications for Contract 484-2 and authorize the adver- tisement for a bid opening to be held at 9:30 a.m. on Friday, March 2, 1984. All voted in favor except Wachter who voted nay. CONTRACT #84-5 - FIRE ADMINISTRATION PARKING LOT Public Works Director Colbert then presented the plans and specifications for Contract 484-5 to upgrade the parking lot to city standards in conjunction with the rennovation of the old City Hall. After some discussion, it was • agreed that additional blacktopping would be provided to add 14 additional stalls. Wachter moved, Thomas seconded the motion to approve the plans and specifications for Contract 484-5 and authorize the advertisement for the bid opening to be held at 10:30 a.m. on Thursday, March 1, 1984. All voted in favor. CONTRACT #83-09 - CEDAR GROVE lot AND 2nd ADDITIONS Smith moved, Thomas seconded the motion to approve the sixth and final payment for Contract 483-09 for $4,100.00 to McNamara -Vivant Construction, Inc. and accept the project for perpetual maintenance. All voted in favor. DEPARTMENT BRAD BUSINESS PARK DEPARTMENT The Council then addressed the Advisory Parks and Recreation Commission's recommendation for park names. After review of the recommended names, it was resolved that the Council would suggest that Downing Athletic Fields be changed to Northview Athletic Fields, Stonecutters Park to Quarry Park, Barley Corn Park to Moonshine Park, Loggers Trail to Highllne Trail and Robber's Ravine to Ravine Park. Further, it was requested that the commission explain and possibly propose different names for Goat Hill Park and Trapp Farm Park. • 10 Council Minutes • February 7, 1984 r PROJECT #305 - ASSESSMENT BEARING Mr. Colbert then requested that the Council set a date for a new assess- ment hearing and appoint an appraiser for this project. It was explained that due to legal technicalities, a request for appeal and questions regarding the benefit to the property, that the prior assessment should be vacated and a new hearing set. Smith moved, Thomas seconded the motion to cancel the prior assessments for this project and to schedule a new final assessment hearing for March 6, 1984 and to hire Mark Parranto to appraise the property to determine benefit to the property from the public improvement. All voted in favor. JOINT POWERS AGREEMENT - TRAFFIC STRIPING The Public Works Director then presented a proposal that the communities of Burnsville, Apple Valley and Eagan execute a Joint Powers Agreement to obtain annual traffic lane pavement marking and striping by combining quanti- ties in all three communities to achieve a better unit price. Wachter moved, Egan seconded the motion to approve a Joint Powers Agreement with Burnsville and Apple Valley for 1984 traffic markings and to authorize the Mayor and City • Clerk to execute all related documents. All voted in favor. COST PARTICIPATION AGREEMENT WITH DAKOTA COUNTY I-359 AND PILOT KNOB ROAD Public Works Director Colbert then presented to the Council that MnDOT had proposed that the County be responsible for the improvement of Pilot Knob Road south of the crossing with I -35E, including 400 feet of taper, which would not be assessable by the City and which normally would be 45% responsi- bility of the City in terms of cost. The Council resolved that Mr. Colbert should pursue the matter to the best of his ability to avoid as much cost as possible to the City. ENFORCING OFFICER - Smith moved, Wachter seconded the motion to approve Mr. Hedges as the enforcing officer responsible for compliance with federal handicapped dis- crimination regulations. All voted in favor. RACE TRACK FACILITY City Administrator Hedges advised the Council that the City now possesses a preliminary EIS for review by the City. He also advised the Council that the State Racing Commission had scheduled a meeting for March 8 and another for some time between March 13 and March 17 for consideration of various issues. 11 Council Minutes February 7, 1984 Discussion was held regarding sculpturing of a portion of the Lone Oak Tree for preservation by the City. Further investigation was indicated. SPECIAL AND CONDITIONAL USE PERMIT SH4INAR It was pointed out to the Council that a seminar was being held in the near future which may be very beneficial to the Councilmembers regarding special and conditional use permits. It was resolved that the $11.00 cost of the seminar would be paid by the City. Discussion was initiated regarding noise testing and the purchase of noise testing equipment in regard to Sperry and Pilot Knob. The City Adminis- trator was directed to further investigate. EASED! VACATION - NORTN OF eT88 PINES• • Discussion was held regarding the vacation of easement for a trailway across church property just north of The Pines proposed preliminary plat and it was resolved by the Council that the city would initiate said easement vacation. Wachter moved, Thomas seconded the motion to approve the following check- list dated: All voted yea. Smith moved, Thomas seconded the motion to adjourn the meeting at 12:35 a.m. All voted in favor. 12 rjy D City Clerk is SUBJECT TO APPROVAL MINUTES OF A REGULAR NEETIM OF THE RAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 7, 1984 A regular meeting of the Eagan City Council was held on Tuesday,, February 7, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Adminstrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Keller. AGENDA Wachter moved, Smith seconded the motion to approve the Agenda as pre- sented. All voted yes. MINUTES January 171 1984 - Regular Meeting. City Administrator Hedges pointed out that the minutes should reflect that the Park Committee did not recommend acceptance of land for proposed park purposes in Berkshire Ponds. Smith moved, Wachter seconded the motion to approve the minutes with the revision indicated by Mr. Hedges. All voted in favor. ABATEMENT - DAKOTA COUNTY ASSESSOR'S OFFICE Mr. Bill Peterson appeared on behalf of the Dakota County Assessor's office in response to the request by Mrs. JoAnne Lemmer of 1801 Turquoise Trail for a tax abatement. Mr. Peterson informed the City Council that the County is recommending denial of this abatement, explaining that in the early 701s, the home in question had a finished basement, while neighboring homes did not, with the result that it was assessed at a higher value. The, homes in the area were not reevaluated until last year when it became apparent that many of the homes in the area had finished basements and others ha& not been taxed at the rate comparable to the home owned by Mrs. Lemmer. Mrs. Lemmer did appear in addition with Mr. Don Sylvester who made a presentation regard- ing market comparables. After significant discussion regarding the percentage to fair market value used by the County and the effect of denial or approval of the request, the Council took no action based partly on the lack of know- ledge of the proper evaluation and the legal impact of approval or denial. Council Minutes February 7, 1984 DEPAATPOW BEAD BUSINESS FIRE DEPARTKW District Chiefs Southorn and Schindeldecker were present to discuss the manpower report resulting from the Council's request in the fall of 1983• The district chiefs pointed out that the manpower requirements in the report were minimum requirements. The Council took no action other than requesting that future updating be provided. Other department head business was postponed to later in the meeting due to time restrictions. r$, ti:1;Y : ha;lI The following consent agenda items were recommended for approval by staff: 1. Contractors' License Renewals. This item was continued from the January 17, 1984 meeting to allow corrected documentation due to changes in the bonding requirements. It was recommended that the contractors' license renewal list be approved. 2. St. John Neumann Church _ Temporary Non -Intoxicating Liquor License. It was recommended that a temporary non -intoxicating malt liquor license for St. John Neumann Church for a March 16, 1984 St. Patrick's Day dance be approved. 3. Project 0395 _ Authorize Feasibility Report. It was recommended that the feasibility report for Project 0395, Lexington Avenue Booster Station and trunk watermain be authorized due, to the need for additional water supply capacity in the south area of Eagan. 4. Review and Update - Comprehensive Master Storm Sewer Plan. Staff recommended authorization of the review and update of the current Compre- hensive Master Storm Sewer Plan to be performed by the Consulting Engineering firm of Bonestroo, Rosene, Anderlik and Associates, Inc. 5. Petition - Feasibility Report _ Westbury Addition. A petition has been received from Dave Gabbert, developer of Westbury Addition requesting preparation of a feasibility report along with detailed plans and specifica- tions to install public streets and utilities within Westbury 1st Addition. Staff has recommended that council accept such Petition and authorize the preparation of a feasibility report for Project 0396 for the installation of streets and utilities to service the Westbury 1st Addition. R Council Minutes February 7, 1984 6. Project 0397 _ Denmark Avenue. Federal Land Company has made a petition requesting installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. This collector street extension is required in order for the first phase of the Eagan Heights Commercial Park PUD to be developed. Staff has recommended that the council receive the petition and authorize the preparation of a feasibility report for Project 0397 for the installation of streets and utilities for Denmark Avenue from Duckwood Drive to Yankee Doodle Road. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. PUBLIC HEARING - STREET VACATION - OLD LEIINGTON AVENUE The Mayor then convened the public hearing regarding the vacation of old Lexington Avenue as it extends south from Diffley Road. Mr. Colbert' advised that the existing right-of-way was no longer needed due to a new alignment to be dedicated as part of Kensington Place development. He also advised that Dakota Electric had no objection to the vacation as long as it was allowed to install underground utility services through the new alignment. After discus- sion, Wachter moved, Egan seconded the motion to close the hearing and to approve the vacation subject to staff securing an agreement for new easements for the realignment of Lexington Avenue. All voted yes. NOISE EMISSION FROM SPERRY SEMI CONDUCTOR FACILITY City Administrator Hedges made a short presentation on the history of problems with the Sperry Semi -Conductor facility resulting in the request from Timberline Civic Association to review the issue at this council meeting. Additional written material had been submitted by Mr. Tom Nikolai to the City on February 7, 1984 which the Council had not yet had an opportunity to review. Presentations were made by Mr. John Gustin, President of the Timber- line Civic Association, and Mr. Thomas Nikolai, who had hired a sound expert to investigate the noise level. Mr. Garrett Mulrooney also made a presenta- tion indicating that perhaps no one, including the Council or Sperry had anticipated the problems that would ensue, but that now something had to be done about it. Mr. Ed Michaud of Sperry addressed the Council indicating that Sperry believed the noise problem would be resolved in accordance with the agreed upon time table. There was discussion regarding the use of one attenuator and five diverters on the six stacks at the plant as opposed to putting attenuators on all the stacks. Mr. Michaud also addressed intimations regarding air and water pollution which had been made at the meeting.' Mr. Don Giblin of Timberline then addressed the council. After a lengthy discussion, the Council reaffirmed its position that the noise emission problem must be resolved within the agreed upon time period and that the matter would be reviewed at the first meeting in April. The City Attorney was directed to investigate the recourses available to the City if the problem was not remedied by that date. Wachter moved, Blomquist seconded the motion to con- tinue the matter to the first meeting in April and that the City Attorney N y4 provide a legal opinion as to the potential remedies at that time. All voted yea. 5 /Yti4 3 Council Minutes February 7, 1984 LIQUOR LICENSE POLICY CHANGE The request for reconsideration of the off -sale liquor license policy by David Perrier, representing Perrier & Associates, continued from the January 17 meeting, was presented to the Council. It was noted the item had been continued to allow the two outstanding liquor license holders who had not activated their licenses to respond to the request for a fifth license. Mr. David Sellergren was present on behalf of Mr. Perrier indicating his client's reasoning that the area would support a fifth license based on population, past and future development. Ms. Pam McCrea was present and advised that it was her understanding that her liquor license would be activated in 1984 in the Safari Mall located in southern Eagan and close to the location requested by Perrier. It was noted that the McCreas had requested a liquor license for the same site as being requested by Perrier some years ago. After lengthy discussion, Smith moved, Blomquist seconded the motion not to change the off - sale liquor license policy and to require that one of the inactive existing -&*O" liquor licenses be activated in southern Eagan in 1984, or be open to applica- f/Jrt" motion. Smith, Blomquist and Wachter voted in favor; Thomas voted nay, and Egan �0bstained. Egan then moved, Wachter seconded the motion to place J. E. 1'`' Parranto on notice that in the event an off sale liquor establishment is not r�activated by him in 1984, that the Council will not approve the renewal of his license for 1985. All voted yes. HILLANDALE ADDITION NO. 2 - PRELIMINARY PLAT An application by Michael Construction, Inc. for preliminary plat of Hillandale Addition No. 2 consisting of approximately 12.58 acres and contain- ing approximately 125 dwelling units was presented to the Council. Mr. Hedges indicated that the Planning Commission had reviewed the matter three times recommending approval in January of, 1984. Mr. Runkle presented the proposed plat describing the proposed 2% variance for lot coverage and the developer's request for private streets in order to allow variance from setback require- ments. After lengthy discussion regarding private versus public street, safety and maintenance and after appearances by local homeowners and the architect, Smith moved, Wachter seconded the motion to approve the preliminary plat with the following conditions, noting that a hardship for variance did exist due to the increased acquisition by MnDOT for I -35E resulting in a relatively narrow strip of land: 1. The internal street shall be a public street with staff analyses and determination of necessary variances for setbacks from that street. 2. Approval of the variances in regard to setback from I -35E rights-of- way. 3. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 4 %.ouncil Minutes February 7, 1984 4. A lot coverage variance not to exceed 2% shall be granted for the deelopment. 5. A building setback variance shall be approved by the City along the I -35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. 6. A public street loop shall be provided on proposed Lot 1 rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, By -Laws and Restrictions of the Homeowner's Association to insure that proper access to a public street will be guaranteed for all properties and that the Association will maintain the private streets. I 10. If the petitioner is requesting a model home and sales office, this shall be so designated as a part of the approval by the City with any appro- priate conditions related thereto. 11. Park dedication shall be satisfied in a manner determined by the City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat; and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 14. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. E Council Minutes February 7, 1984 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 20. No dead-end lateral water mains will be allowed. 21. Setback variances shall be reviewed by the staff and reported to the Council at the time of the request for final plat. All voted in favor. AlD 1T — LEXINGTON SOUTH POD Mayor Blomquist next convened the public hearing regarding a request by Lexington South, Inc., Jim Curry, for an amendment to the Lexington South Planned Development to exchange land uses on two parcels of the Lexington South PUD. It was noted that the Advisory Planning Commission recommended approval of the amendment, subject to the conditions listed in the staff report. It was noted that the exchange of land uses of the two parcels west of Northview Athletic Fields and north of that area, resulted in a potential 360 unit reduction in density over the entire area. All neighbors had been noticed as to the rezoning and agreed. Presentations by City Planner Runkle and Mr. Jim Curry indicated that the developer was willing to contractually agree to maximum densities of 4 and 12 units per acre as a result of the amendment. Wachter moved, Thomas seconded the motion to approve the rezoning subject to the following conditions and absolute maximum densities agreed upon: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site.. All voted yea. V Council Minutes February 7, 1984 THE PINES.- PRELIKEKARY PLAT The Mayor next convened the public hearing regarding the application for preliminary plat approval from Roger Kreidberg, ALK Corporation, for The Pines, consisting of 3.6 acres and containing 26 condominium units located on Lot 11, Block 3, Hilltop Estates. It was noted that the Advisory Planning Commission had recommended approval on January 24, 1984 and that the plat was very similar to a preliminary plat previously requested entitled Berry Ridge Condominiums. After some discussion regarding the developer's responsibility for the residential street equivalent assessment for the frontage on Pilot Knob Road, Egan moved, Wachter seconded the motion to approve the preliminary plat subject to the following conditions, including the condition that the developer make a deposit to the trunk road fund and waive notice of hearing for assessments for the anticipated cost of future upgrading of Pilot Knob Road. The plat is subject to the following: 1. Two lots shall be created in order that each building will fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. 3. A homeowner's association shall be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not released until one year after the land- scaping has been completed. 5• The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must;be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall pay into the trunk road fund the residential equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. A deposit shall be determined utilizing 125% of the residential street equivalent rate for multiple dwellings, subject to reconsideration, modification or elimination by the City Council at the time of final plat approval. The Developer's waiver of notice of assessment for the upgrading of Pilot Knob Road, together with deposit would meet all responsi- bilities for future assessments of that project. 7 Council Minutes February 7, 1984 10. The garages on the east end of the West building shall be realigned to allow greater emergency vehicle turning area. All voted in favor. I.. THE RENTAL PLACE - CONDITIONAL USE PER?QT A public hearing regarding the request by The Rental Place, Larry D. Pedersen, for a pylon business sign located on Lot 1, Block 1, Barton McOray Addition was next convened by Mayor Blomquist. The Advisory Planning Commis- sion recommended approval of the conditional use permit on January 24, 1984. Smith moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed yearly in accordance with the Sign Ordi- nance. All voted in favor. RESOLUTION - CARRIAGE BILIS SOUSING REVENUE BOND Mayor Blomquist called the public hearing regarding the application of Tomark Development Company for a preliminary resolution to consider a $6,000,000.00 multi -family housing development revenue bond issue for Carriage Hills apartment project. After a brief presentation by City Administrator Hedges regarding the project, discussion centered around City policy regarding the consortium approach to public funding of housing development. It was pointed out in the past that the Council has only authorized revenue bond issues where the funds would be used by the various developers. Thus, this proposal would require a major policy change on behalf of the City. Council- man Wachter moved, Thomas seconded the motion to schedule a public hearing on the matter for March 22, 1984, and further to reschedule the March 20, 1984 regular Council meeting to March 22, 1984 (due to precinct caucuses) and to consider an amendment to the City Housing Plan. All voted yea. N Council Minutes February 7, 1984 SPECIAL PERMIT - JAMBS B. HORNE FOR SElII-TRAILER The Mayor convened a hearing regarding the request for special permit by James B. Horne for a semi -trailer to be used for storage at 3850 Coronation Road. Mr. Horne was present to submit that additional storage was needed for his mail-order business which was expanding and would need additional storage until such time as permanent facilities could be constructed, if needed. It was pointed out that the R-1 property was proposed for commercialluse in a recent preliminary plat and zoning application. Smith moved, Thomas seconded the motion to allow the use of a semi -trailer until June of 1985, at which point a proper permanent facility would be required. Smith, Wachter', Thomas and Egan voted in favor, and Blomquist voted no. SIDE SETBACK VARIANCE - RAGAN CONSTRUCTION COMPANY Mayor Blomquist next convened the public hearing regarding the request by Eagan Construction Company, Michael C. and Joan M. Gresser, for a 4.4 foot side setback variance in a Light Industrial District in Sibley Terminal Indus- trial Park. After a brief introduction by Mr. Hedges and a description by Mr. Runkle, Smith moved, Thomas seconded the motion to approve the variance. All voted in favor. EAGAN REA TAF INCREMENT FINANCIAL PLAN Egan moved, Thomas seconded the motion to suspend council proceedings and convene the Eagan HAA. All voted in favor. A presentation was made by Mr. Hedges and Mr. Rosholt of Faegre 8 Benson regarding the proposed Resolution approving formation of a tax increment district pursuant to redevelopment plan and tax increment financing 'plan for Redevelopment District No. 1. Mr. Rosholt indicated that the additional wording should be added to the Resolution indicating that the property, sub- ject to the district was vacant, blighted and presently undevelopable by pri- vate developers in accordance with statutory requirements. Smith moved, Thomas seconded the motion to approve the Resolution. All voted in favor except Wachter who voted nay. DAKOTA COUNTY BRA COOPERATIVE AGREEMENT The Dakota County HRA Supplementary Cooperative Agreement regarding block grant funding was presented. Egan moved, Wachter seconded the motion1to adopt the supplementary agreement. All voted in favor. Smith moved, Egan seconded the motion to adjourn the HRA and reconvene the Eagan City Council meeting. All voted in favor. E Council Minutes February 7, 1984 KENSINGTON PLACE - FINAL PLAT Wachter moved, Egan seconded the motion to continue the application for approval of the final plat of Kensington Place to the next council meeting. All voted in favor. CONTRACT #84-2 - WESCOIT ROAD TRUNK SANITARY SEWER Public Works Director Colbert advised the Council of changes proposed in this contract and reasoning for such changes as confirmed by Consulting Engi- neer Bob Rosene. Egan moved, Thomas seconded the motion to approve the de- tailed plans and specifications for Contract 084-2 and authorize the adver- tisement for opening of bids to be held at 9:30 a.m. on Friday, March 2, 1984 at the City Hall. All voted in favor except Wachter who voted nay. CONTRACT #84-5 - FIN ADMINISTRATION PARKING LOT Public Works Director Colbert then presented the plans and specifications for Contract 084-5 to upgrade the parking lot to city standards in conjunction with the renovation of the old City Hall. After some discussion, it was agreed that additional blacktopping would be provided to add 14 additional stalls. Wachter moved, Thomas seconded the motion to approve the plans and specifications for Contract 084-5 and authorize the advertisement for the opening of bids to be held at 10:30 a.m, on Thursday, March 1, 1984 at the City Hall. All voted in favor. CONTRACT 083-09 - CEDAR GROVE 1st AND 2nd ADDITIONS Smith moved, Thomas seconded the motion to approve the sixth and final payment for Contract 083-09 for $4,100.00 to McNamara -Vivant Construction, Inc. and accept the project for perpetual maintenance. All voted in favor. DEPARTI1KNT RRA D BUSINESS PARK DEPAR7XKNT The Council then addressed the Advisory Parks and Recreation Commission's recommendation for park names. The following park names were recommended by the Advisory Park and Recreation Commission and approved by the City Council: Oak Chase Park, Thomas Lake Park, Carnelian Park, Cinnamon Park, County Home Park, O'Leary Park, Fish Lake Park, Berry Patch Park, Pilot Knob Park, Ridgecliff Park, Walnut Hill Park, Wescott Station Park, Woodhaven Park, and Meadowland Park. 10 Council Minutes February 7, 1984 PROJECT 8305 - ASSESSMENT HEARING Mr. Colbert then requested that the Council set a date for a new,assess- ment hearing for Project 0305 consisting of the McCarthy property water trunk improvements and appoint an appraiser for this project. It was explained that due to legal technicalities, including an appeal and questions regarding the benefit to the property, that the prior assessment should be vacated and a new hearing set. Smith moved, Thomas seconded the motion to cancel the prior assessments for this project and to schedule a new final assessment hearing for March 6, 1984 and to hire Mark Parranto to appraise the property to determine benefit to the property from the public improvement. All voted in favor. JOINT POWERS AGREEMENT - TRAFFIC STRIPING The Public Works Director then presented a proposal that the communities of Burnsville, Apple Valley and Eagan execute a Joint Powers Agreement to obtain annual traffic lane pavement marking and striping by combiningiquanti- ties in all three communities to achieve a better unit price. Wachter moved, Egan seconded the motion to approve a Joint Powers Agreement with Burnsville and Apple Valley for 1984 traffic markings and to authorize the Mayor and City Clerk to execute all related documents. All voted in favor. COST PARTICIPATION AGREEMENT WITH DAKOTA COUNTY I-359 AND PILOT KNOB ROAD Public Works Director Colbert then presented to the Council that MnDOT had proposed that Dakota County be responsible for the improvement of Pilot Knob Road south of the crossing with I -35E, including 400 feet of taper, which would not be assessable by the City and normally the City would be responsible for 45% of the cost. The Council requested that Mr. Colbert pursue the matter to the best of his ability to avoid as much cost as possible to the City. ENFORCING OFFICER - Smith moved, Wachter seconded the motion to approve Mr. Hedges as the enforcing officer responsible for compliance with federal handicapped dis- crimination regulations. All voted in favor. RACE TRACK FACILITY City Administrator Hedges advised the Council that the City now possesses a preliminary EIS for the proposed Eagan race facilityfor review by the City. He also advised the Council that the State Racing Commission had scheduled a hearing for March 8, 1984 and another for some time between March 13 and March 17, 1984 for consideration of various issues, including site location. 11 Council Minutes February 7, 1984 LONE OAK TREE Council members discussed a proposal from a local sculptor to sculpt some of the wood from the Lone Oak Tree for preservation by the City. Further investigation was requested. SPECIAL AND CONDITIONAL USE PERMIT SEMINAR It was pointed out to the Council that a seminar was being held in the near future which may be very beneficial to the Councilmembers regarding special and conditional use permits. The Council directed that the $11.00 cost of the seminar would be paid by the City. NOISE TESTING Discussion was initiated regarding noise testing and the purchase of noise testing equipment in regard to Sperry and Pilot Knob. The City Adminis- trator was directed to investigate further and to contact the MPCA for possible testing. BASB21EBT VACATION - BEAUTIFUL SAVIOR CHURCH Discussion was held regarding the vacation of easement for a trailway across Beautiful Savior Lutheran Church property. The Council directed the staff to initiate easement vacation proceedings. Wachter moved, Thomas seconded the motion to approve the following check- list dated: All voted yea. Smith moved, Thomas seconded the motion to adjourn the meeting at 12:35 a.m. All voted in favor. City Clerk 12