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07/05/1983 - City Council Regular 0('1 11,79 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 5, 1983 A regular meeting of the Eagan City Council was held on Tuesday, July 5, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Smith moved, Wachter seconded the motion to approve the Agenda as presented. All voted yes. MINUTES Upon motion by Wachter, seconded Egan, it was resolved that the minutes of the June 21, 1983 regular meeting be approved with the exception on page 2, regarding Clearview Addition, Plat Extension that all members voted in favor. All voted yes. FIRE DEPARTMENT City Administrator Tom Hedges submitted a proposed Joint Purchase Agree- ment with the City of Minneapolis and the City of Eagan regarding Fire Depart- ment equipment and recommended approval. Smith moved, Wachter seconded the motion to adopt the recommendation. All voted yea. POLICE DEPARTMENT POLICE CHIEF APPOINTMENT Mr. Hedges stated that in March, 1983 then Police Chief Martin DesLauriers resigned from the Police Department and the selection process for the hiring of a new Chief of Police began immediately. The position was advertised in the League of Minnesota Cities magazine and also the Police Professional Journal and several persons applied, with the City Council inter- viewing the final selections at a special meeting on June 28, 1983. After further discussion, Wachter moved, Egan seconded the motion to appoint the Assistant and Acting Police Chief Jay Berthe as the Eagan Police Chief at the same salary schedule, including benefits as he is receiving as the Acting Chief. All members voted in favor. Police Chief Jay Berthe was present and thanked the Council and the staff for selecting him and for their confidence in selecting him. 1 01' iSO Council Minutes July 5, 1983 PUBLIC WORKS DEPARTMENT ON-STREET PARKING RESTRICTION - EAGANDALE CENTER INDUSTRIAL PARK Mr. Colbert noted that over the past several years the Public Works Department has been experiencing problems with trying to control on-street parking in the Eagandale Center Industrial Park. He stated that there did not appear to be sufficient on-site parking due to the fact that the cars are currently being parked near the Coca-Cola facility on the street, causing potential traffic and safety problems. The Public Works Department recom- mended authorization to restrict all on-street parking within the Eagandale Center Industrial Park to become effective October 1, 1983 in order to allow the businesses sufficient time to provide off-street parking. Smith moved, Wachter seconded the motion to approve installation of the No-Parking signs on streets within Eagandale Center Industrial Park No. 1 to become effective November 1, 1983, due to the traffic hazard and safety problems and the complaints received from industrial businesses in the area. All voted in favor. CONSENT AGENDA The staff recommended the approval of the following consent agenda items: 1. Annual Conditional Use Permit Renewals. Cedarvale Fish N'Pet Center, 3960 Sibley Memorial Highway - pet store; Central Fence & Supply Co., 3790 Dodd Road - outside storage; Jerry & Carol Thomas, 4889 Pilot Knob Road - horse ranch; George Becker, 3890 Lexington Ave. South - group foster home. It was recommended that all conditional use permits be approved with the excep- tion of George Becker, who it was understood has moved from the City and no longer operates the foster home. 2. Personnel Selection. City Administrator Hedges recommended the Council approve five temporary and/or part-time positions, including John Vuyovich - part-time building inspector; John Kurt Jackson - engineering in- tern; Rolf Lindberg - engineering intern; Sandra Justin - planning intern; and Tom Bigley - parks intern. 3. Project #380 - Sunset 1st & 2nd Addition - Storm Sewer Feasibility Report. The feasibility report for Project #380 consisting of storm sewer in Sunset 1st and 2nd Additions was submitted and it was recommended the report be received and that the public hearing be scheduled on August 2, 1983 at 7:00 p.m. at the Eagan City Hall. 4. Project #381 - Borchert-Ingersol Pond - Trunk Storm Sewer Outlet. The feasibility report for Project #381 consisting of the Borchert-Ingersol pond trunk storm sewer outlet was submitted to the Council and it was recom- mended that the report be received by the Council and that it schedule a public hearing to be held on August 2, 1983 at 7:00 p.m. at City Hall. 2 W:181 Council Minutes July 5, 1983 5. Project #382 - Hurley Lake - Trunk Storm Sewer. The feasibility report concerning trunk storm sewer outlet for the Hurley Lake area under Project #382 has now been completed by the Consulting Engineer. It was recom- mended that the report be received by the Council and that the Council schedule a public hearing regarding the report for August 2, 1983 at 7:00 p.m. at the Eagan City Hall. 6. Project #383 - Schwanz Lake- Trunk Storm Sewer Outlet. The feasi- bility report for Project #383 regarding trunk storm sewer outlet for the Schwanz Lake area has been completed and it was recommended by the staff that the Council receive the report and that it schedule a hearing regarding the report for August 2, 1983 at the City Hall at 7:00 p.m. 7. Project #384 - Walden Heights - Trunk Storm Sewer Outlet. The next feasibility report that was submitted by the Consulting Engineer and recom- mended by the staff for approval covered Project #384 regarding Walden Heights trunk storm sewer outlet and it was recommended the report be received and the public hearing be scheduled on August 2, 1983 at the regular City Council meeting at 7:00 p.m. at City Hall. 8. Project #315 - Well #5 - Trunk Storm Sewer. The feasibility report for Project #315 consisting of Well #5 trunk storm sewer was recommended to be received by the Council and that it schedule a public hearing also on August 2, 1983 at the City Hall at 7:00 p.m. 9. Contract #83-3 - Overhill Farms - Streets. A change order was submitted by the staff under Project #83-3 covering street improvements in Overhill Farm Addition, noting that Knutson Construction, the contractor for the installation of utilities did not complete certain requirements in com- pliance with the approved plans and specifications. It was recomended that the Change Order be approved in the sum of $7,224.00. 10. Holland Lake Area - No Parking. The staff recommended that parking be prohibited on both sides of Cliff Road in the area of Holland Lake, in Holland-Jensen Park because of the hazards to pedestrian movement across Cliff Road, which is a 55 m.p.h. speed zone. Staff recommended installation of No Parking signs. 11. Contractors' Licenses. Certain general contractors and one swimming pool contractor have submitted applications for Contractors' Licenses whose names are attached to the packet and it was recommended that the Contractors' License list as presented by the chief building inspector, be approved. Wachter moved, Egan seconded the motion to approve the foregoing consent agenda items and order their implementation, except that the application of George Becker for conditional use be granted only if the facility is still operating in Eagan. All voted yea. 3 0C' 1571 Council Minutes July 5, 1983 SPERRY CORPORATION - NOISE COMPLAINT Two letters of complaint were received from residents in Timberline Addition indicating that there is a large degree of noise from the Sperry Semi-Conductor facility south of Timberline Addition and requested that the City investigate the noise and attempt to abate. Smith moved, Thomas seconded the motion to acknowledge receipt of the letters and instruct the staff to investigate the complaints concerning both lighting and noise and also to attempt to work with the neighbors concerning the issues. All voted yea. TOM GUSTAFSON - PARK AND RECREATION COMMISSION A letter from Tom Gustafson resigning from the Advisory Park and Recrea- tion Committee was received. Upon motion by Egan, seconded Wachter, it was resolved that the resignation be accepted and authorize the selection of the replacement, noting that the Council has recently advertised for a replacement for another member and that the selection will be made from the current pool of applicants. All voted yea. EAGAN POPULATION Thomas Hedges announced that the Metropolitan Council has recently sub- mitted an estimate of the Eagan population as of April 1, 1983, of 25,080. PROJECT #374 - EAGANDALE OFFICE PARK HEARING Mayor Blomquist convened the public hearing regarding Project #374 con- sisting of street and utility improvements in the Eagandale Office Park area. Mr. Colbert introduced the project and the Consulting Engineer Bob Rosene explained the project in detail. Tom Davis of Northwestern Mutual Life and Bob Worthington of Opus Corporation were present. There were no objections and they recommended approval of the project. Wachter then moved, Smith seconded the motion to close the hearing, order in the project and to autho- rize the preparation of plans and specifications. All voted yes. 4 OC18r Council Minutes July 5, 1983 PROJECT #375 - SOUTH OAKS ADDITION - STREETS AND UTILITIES The next hearing convened by the Mayor concerned Project #375 regarding street and utility improvements in the South Oaks Addition area. Mr. Colbert stated that the City Council received a. Petition from several residents within South Oaks Addition requesting the preparation of a feasibility report regard- ing streets and utilities, noting that there had been some sanitary sewer problems in the area. Several written objections had been received pertaining to the proposed improvement, others favoring the utility improvements and recommending against the approval of the street improvements. Mr. Colbert also stated that a neighborhood meeting had been held with staff members to review the project in detail. A large number of affected owners were present at the meeting, many of whom objected to certain aspects of the project. Other affected residents appeared and favored the utility improvements, but no one present was in favor of the street improvements because of the expected high cost. A Petition was signed by about 20 persons against the project and was submitted by Steve Swanson. Others that spoke were John Larson, Roger Weierke, and many others. A Petition from owners on Dodd Road against the project was also submitted and Councilman Smith stated there was no attempt to force the project in part or in whole upon the neighborhood. Smith then moved, Wachter seconded the motion to eliminate the street improvements from the project. There was general consensus against concrete curb and gutter and blacktop and some persons requested a continuance for another neighborhood meeting to discuss the current proposal. After lengthy discussion, including one hour of hearing, Egan moved, Wachter seconded the motion to continue the hearing until the next regular meeting of the City Council, July 19, 1983 and the staff was directed to provide information for a meeting to be held by the neighbors in the South Oaks Addition to include new information concerning estimates of costs. All voted yes. PROJECT #378 - PARK RIDGE ADDITION - TRUNK WATER MAIN The public hearing regarding Project #378 regarding trunk water main in Park Ridge Addition, east of Galaxy Avenue near Covington Lane was convened by Mayor Blomquist. The project was explained by Mr. Colbert and Mr. Rosene and there being no objection, Wachter moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications. All voted yea. 5 0('184 Council Minutes July 5, 1983 PROJECT #177 - PILOT KNOB ROAD - STORM SEWER IMPROVEMENTS The Mayor then convened the public hearing regarding the final assessment roll for Project #177 concerning storm sewer improvements in the Pilot Knob Road area. Mr. Colbert reviewed the final assessment roll and indicated the number of parcels affected, the 15 year proposed assessment of the interest at 12.5% with a total amount assessed of $195,169.26, which was constructed under County Contract #3105. He noted the public hearing date was on June 19, 1979. Marjorie Brandt appeared and stated that there is a pond in her yard and that she did not appear to receive benefit. Staff will investigate her parcel. Ada Dean, 2980 Pilot Knob Road objected to certain lots along Pilot Knob Road not being assessed and others being assessed, and staff attempted to answer her question. The senior citizen deferment provision under the Ordinance was explained and also Mr. Colbert stated that if there are construction problems and any specific objections, that a letter should be sent to the City Hall concerning those issues. Dick LeMay asked that the staff review the assess- ments on his property and Jurdy Road, as did Al Drenckhan. After many ques- tions were raised by persons present, Smith moved, Thomas seconded the motion to close the hearing, to approve the assessment roll and direct the staff to work with owners concerning their problems, and further, that the roll be submitted to the County Auditor for spreading on the tax rolls. All voted yes, except Egan who abstained. PROJECT #200 - PILOT KNOB ROAD - STREET IMPROVEMENTS The final assessment hearing regarding street improvements on Pilot Knob Road under Project #200 was convened by the Mayor. Mr. Colbert explained the project in some detail and stated that the property with direct access to Pilot Knob Road would be assessed one-half residential equivalent for R-1 property, multiple residential would be assessed a full residential equivalent and R-1 property that does not take direct access, there would be no assess- ment. Industrial and commercial are assessed at full rate for fifty two foot wide streets. Rodney Schaumberg appeared and objected to the construction of the street and indicated that the County did not properly acquire easement rights along his property. After discussion, Wachter moved, Egan seconded the motion to close the hearing and to approve the assessment roll and order that it be certified to the County with the understanding that questions and problems that have arisen should be addressed in writing to staff for investi- gation and reply. All voted in favor. 6 Council Minutes 185 July 5, 1983 PROJECT 182R - T.H. 55/BURR OAK POND - TRUNK STORM SEWER FINAL ASSESSMENT HEARING The hearing regarding final assessments under Project 182R covering trunk storm sewer improvements in the T.H. 55/Burr Oak Pond area was then opened by the Mayor. Mr. Colbert explained the project and reviewed the assessments with the Council. Stan Piekarski submitted a written objection and also appeared objecting to the lack of benefits to his property. It was noted, however, that he had had flooding on his property north of Highway #55 and this was the primary reason for the installation of the trunk system. A letter of objection was also received from Harvey Kirchner, concerning the assessments against his property. After discussion, Egan moved, Smith seconded the motion to close the hearing, to approve the assessment roll as presented and direct that it be forwarded to the County Auditor to spread on the tax roll. All voted yes. PROJECT #302 - ASSESSMENT HEARING FOR O'NEILL POND TRUNK STORM SEWER The public hearing regarding the assessments for the O'Neill pond trunk storm sewer under Project #302 was next presented to the Council. Mr. Colbert discussed the assessment roll involving 183 parcels and a letter from Alfred J.-Wiger and also from Lloyd W. Bergh objecting to the assessments were reviewed by the Council. Mr. Colbert stated the Kollofski Addition property used for residential purposes in the industrially zoned area, could be assessed for residential purposes if the owner signs an agreement prescribed by the City to revert to a higher rate if there is a change in use in the future. There were no other objections presented and Egan moved, Smith seconded the motion to approve the assessment roll, to close the hearing and order it be certified to the County Auditor. All voted yes. PROJECT #305 - WESCOTT ROAD - TRUNK WATER MAIN ASSESSMENT HEARING The next assessment hearing that was convened by Mayor Bea Blomquist concerned Project #305 regarding Wescott Road trunk water main. A letter from attorney Arnold Kempe on behalf of the McCarthy family objecting to the assessments was noted by Mr. Colbert. After review of the assessment roll, noting the objections that were received on two of the three parcels affected, Smith moved, Thomas seconded the motion to close the hearing as to the proper- ty where assessments were not objected to and to approve the assessment roll and to authorize the roll to be certified to the County Auditor as to those parcels; further, to continue the hearing regarding the McCarthy property, which hearing will be continued until August 16, 1983 at 7:00 p.m. at the Eagan City Hall. All members voted yes. 7 0Cx86 Council Minutes July 5, 1983 PROJECT #318 - ASSESSMENT HEARING - YANKEE DOODLE ROAD STREETS AND STORM SEWER The public hearing next convened concerned Project #318, the final assessment hearing for Yankee Doodle Road streets and storm sewer project. Public Works Director Colbert explained the project and there were no objec- tions. Upon motion by Wachter, seconded Egan, it was resolved to close the hearing, approve the assessment roll and certify it to the County Auditor. All voted in favor. PROJECT #319 - ASSESSMENT HEARING - BURR OAK POND TRUNK STORM SEWER OUTLET The hearing was next convened concerning Project #319 regarding the storm sewer outlet for Burr Oak Bond area. After discussion and review by Mr. Colbert, there being no objections, Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll as presented and authorize it to be certified to the Dakota County Auditor. All voted yes. PROJECT #326 - ASSESSMENT HEARING - HAY LAKE/SOUTH OAKS TRUNK SANITARY & STORM SEWER The next hearing that was reviewed by the Council covered Project #326 which was the Hay Lake/South Oaks trunk sanitary and storm sewer improvement assessment hearing. After convening by the Mayor, Mr. Colbert explained the project and there were no objections to the project, except from Mr. & Mrs. Gary Koss. Smith then moved, Thomas seconded the motion to close the hearing, to approve the assessment roll as presented by the staff and to authorize it to be forwarded to the County Auditor to be spread on the tax rolls. All voted yea. PROJECT #334 - ASSESSMENT HEARING - PILOT KNOB ROAD - SERVICES The final assessment roll for Project #334 was presented to the City Council and the hearing regarding the roll was convened by the Mayor. A letter from Brian Becker was discussed and Mr. Colbert stated that the objec- tion was valid and the assessment should not have been assessed against the property. The roll was recommended for approval by the staff and Wachter moved, Egan seconded the motion to close the hearing, to approve the hearing with the elimination of the Brian Becker property and that the balance of the roll be forwarded to the County Auditor. All voted yes. 8 Council Minutes July 5, 1983 PROJECT #345 - WILDERNESS RUN ROAD - STREETS & STORM SEWER ASSESSMENT HEARING The public hearing regarding the final assessments for Wilderness Run Road streets and storm sewers under Project #345 was convened by the Mayor. There were no objections to the project. Mr. Colbert reviewed the assessment roll as proposed. Egan moved, Wachter seconded the motion to close the hear- ing, to approve the assessment roll as prepared and to authorize it to be forwarded to the County Auditor to be spread on the tax rolls. All voted yea. PROJECT #347 - MARTIN SHIELDS - SANITARY SEWER ASSESSMENT HEARING The final assessment hearing for Project #347 covering the sanitary sewer crossing on the Martin Shields property was next reviewed by the Council. There were no objections to the project and Mr. Colbert explained the roll in some detail and Smith moved, Thomas seconded the motion to close the hearing, to approve the assessment roll and to authorize it to be forwarded to the County Auditor. All voted yes. UNITOG RENTAL SERVICES - INDUSTRIAL REVENUE FINANCING HEARING The Mayor convened the public hearing regarding the request of Unitog Rental Services for Industrial Revenue Financing in the amount of $1,815,000.00 for an industrial laundry in the Eagandale Center Industrial Park. The proposal is for a 27,000 square foot one-story precast concrete building and will provide employment for approximately 75 people. Land will be removed from the financing, and a letter from Miller & Schroeder recommend- ing approval of the project was discussed. Mr. Sharke and Mr. Ubanks were present on behalf of the applicant and requested that the Council proceed with the hearing, even though the procedure had not been completed through the Energy Agency. Councilman Smith questioned the equipment in the amount of $900,000.00. The step vans are not included in the proposed IR financing and Councilmembers requested that a list of the equipment be submitted in detail, with the projected useful life of the personal property. Smith moved, Egan seconded the motion to close the hearing, to approve the industrial revenue financing as requested. All voted in favor. CLEARVIEW 3RD ADDITION A request had been made for a 12 month extension of the preliminary plat of Clearview 3rd Addition by Joe Peterson. A letter was submitted from Mr. Peterson dated June 30, 1983 indicating that he is working toward the comple- tion of the final plat. Wachter moved, Smith seconded the motion to authorize the continuance for an additional 12 months with the understanding that Mr. Peterson will complete the final plat within that period of time. All voted yes. 9 Council Minutes July 5, 1983 ROBIN LANE - CONTRACT #83-7 Plans and specifications for Robin Lane under Contract #83-7 have now been completed. It was recommended, however, that because certain easements have not been acquired, that the Council continue consideration of the plan approval until the July 19, 1983 meeting. Smith moved, Egan seconded the motion to continue consideration of the plan approval as recommended. All voted in favor. MALLARD PARK 2ND ADDITION - REZONING AND PRELIMINARY PLAT Tollefson Builders and Carl Tollefson requested the Council reconsider the rezoning of the Mallard Park 2nd Addition into Mallard Park 4th Addition. It was noted that the City Council on June 21, 1983 voted against the re- zoning. Thomas moved, Smith seconded the motion to reconsider the application for approval of the Mallard Park 2nd Addition rezoning. All voted in favor except Wachter who voted no. Bill Dolan and Carl Tollefson were present and reviewed the revised plat, indicating that the minimum lot sizes were over 10,000 square feet rather than some down to 9,000 square feet originally. The number of lots in the subdivision have been reduced from 54 to 51 with 14,480 square feet average lot size. Mayor Blomquist was still concerned about the joint services and it was noted, however, that the lots involving joint ser- vices were reduced from 12 to 7 lots, and will be handled similar to the duplex joint service connections. The minimum width on the lots along the south line is 68 feet and there was a lengthy discussion concerning the goal of the City regarding smaller lots and the mixed housing opportunities. Councilman Wachter opposed the shorter frontages, but Councilman Egan cited the difficulty in selling large lots, particularly in this area, and the appropriateness in this location because of the surrounding multi-family uses. Thomas moved, Smith seconded the motion to approve the rezoning of the Mallard Park 2nd Addition from R-1 to Planned Development. Those in favor were Smith, Egan and Thomas. Those against were Blomquist and Wachter and the motion failed. CABLE TELEVISION FRANCHISE AMENDMENTS Mr. Hedges stated the franchise ordinance for Burnsville/Eagan Cable T.V. has been sent to the Group W home office in New York for review and final consideration and negotiations have taken place between Tom Creighton, the Burnsville/Eagan Committee legal counsel, with minor amendments to the fran- chise ordinance, copies of which were distributed to the Council. It is now recommended that the Council approve the amendments to the Cable T.V. Fran- chise Ordinance originally approved by the Council at the June 7, 1983 City Council meeting. Tom Creighton was present and noted that the Ordinance had now been signed by Group W. Smith moved, Thomas seconded the motion to approve the amendments to the Cable T.V. Franchise Ordinance and authorize the publication of the Ordinance. All voted in favor. SEE AGREEMENT FILE 10 0tx83 Council Minutes July 5, 1983 OAKWOOD HEIGHTS 2ND ADDITION - PHASE II - PRELIMINARY PLAT The first item of new business concerned the application of Countryside Builders, Inc. for preliminary plat approval of Oakwood Heights 2nd Addition, Phase II, consisting of approximately 16.6 acres and containing 25 duplex lots. The Advisory Planning Commission at its public hearing on June 28, 1983 recommended approval, subject to certain conditions. Ralph Wagner, Engineer, and Jerry Lagro, Developer, were present. Mr. Wagner stated that 6 lots are under the minimum frontage with a deduction of one lot in the project. Three lots are under the minimum square footage requirements of the ordinance for duplexes. There was discussion concerning the proposal for the acquisition of Lot 1, Block 2, for a fire station site and Mr. Lagro stated he would reserve that lot until the City determines whether it would acquire the lot. There were concerns by Council members as to whether it was a proper location and requested that the Fire Department do more investigation as to a future site in the area. Mayor Blomquist was concerned about the undersized lots for R-2 zoned area and stated that this would be a precedent if approved. The density range, however, is 3.01 at the low end of the R-2 density. Smith moved, Thomas seconded the motion to approve the application, subject to the follow- ing conditions: 1. A deviation in lot area shall be allowed on Lots 2, 10, and 11, Block 2, and a deviation in lot width shall be approved on Lots 2, 4, 5, 6, 7, and 8, Block 2. 2. The park boundaries of this plat shall be reviewed by the Park Committee and be subject to their recommendation. 3. The provisions of the Lexington South Planned Development Agreement shall be complied with in all respects as a part of the approval of this preliminary plat. 4. The preliminary plat shall be approved by the Dakota County Plat Commission prior to the filing of the final plat. 5. The area to be dedicated for park shall be included in the plat and platted as an outlot. 6. The City Council shall determine whether Lot 1, Block 2, should be purchased by the City for a fire station location and if such a site is acquired or proposed that an adequate sign be installed that a fire station may be considered. 7. All other applicable ordinances shall be met including the normal setbacks for buildings in accordance with an R-2 (Residential Double) District. 8. A homeowners association including articles and declarations shall be a condition of final plat approval and approve by the City. 11 'i0 Council Minutes July 5, 1983 9. Subject to engineering recommendations for this phase. 10. Landscaping plans shall be submitted and approved at the time each building permit application is submitted. 11. A trail shall be installed at the developer's expense along Dodd Road and Wilderness Run Road according to City standards. Those in favor were Thomas, Smith and Egan; those against were Blomquist and Wachter. SEE PLAT FILE BLACKHAWK ACRES - REZONING AND PRELIMINARY PLAT The application of Mr. Herbert Bergstrom for rezoning from R-4 to R-3 of 5.5 acres and replat of Blackhawk Acres was next brought before the Council. Mr. Bergstrom was present as was Brad Swenson, Engineer. The Planning Commis- sion, at its meeting on June 28, 1983 recommended approval subject to certain stipulations. Mr. Swenson explained there was a problem with development because of several easements including the easement granted to the City for the storm sewer outlet from Blackhawk Lake. The plan is to down-zone the property from R-4 to R-3. Neighbors to the east who appeared at the Planning Commission meeting expressed concerns about elevation, preservation of large oak trees and other issues. He also stated that the easement for roadway has eliminated the development on a portion of the property and that the developer has now shifted the design and moved the buildings further from the single family dwellings to the east. The request was to rezone the entire site. Mr. Bergstrom stated that the developer cannot guarantee a minimum $90,000.00 value for each unit because no specific builder has been acquired at the present time. Thomas moved, Egan seconded the motion to approve the applica- tion for rezoning from R-4 to R-3. All voted in favor. Egan moved, Wachter seconded the motion to approve the application for preliminary plat with the following conditions: 1. A development agreement shall be entered into between the City and the applicant prior to final plat approval. 2. The townhouse association including the articles, bylaws, and re- strictions shall be reviewed by City staff prior to final plat. 3. A detailed landscape plan shall be submitted and an adquate landscape bond shall be required and not released until one year after the landscaping has been completed, including the landscaping along the east boundary border- ing the single family homes and also the oak tree on the site shall be pre- served; further, that the neighbors will review the landscape plan when it has been completed. 4. The parking areas shall be blacktop surface and concrete curbing shall be provided around the perimeter of the parking area. 12 Council Minutes July 5, 1983 5. Robin Lane shall be upgraded with this development proposal. 6. All easements shall be dedicated as requested by City staff. 7. A detailed erosion control/grading plan shall be approved by staff prior to final plat approval. 8. A variance shall be granted for the south private drive to exceed the 8% maximum grade if the grade cannot be flattened when the final grade for Robin Lane has been established. 9. If installed privately, utilities and street plans and specifica- tions shall be prepared by a registered engineer and submitted for approval by staff. 10. The proposed private drives shall be 24 feet wide with concrete curbing and bituminous surfacing. 11. The parking stalls shall be constructed according to City Code. 12. Access to Lots 1 and 2, Blocks 4 and 5, shall be removed from Robin Lane and directed to the internal private drive, but such access shall be reviewed by the staff. 13. The permanent and temporary easement right-of-way for the realign- ment portion of Robin Lane which previously has not been dedicated shall be dedicated as a part of the final plat and shall be 60 feet wide. 14. Site distance drawings shall be included with the development agree- ment to reflect the site distances. All voted yes. R 83-43 SEE PLAT FILE CHARKIST CORPORATION - ON-SALE BEER AND WINE CONDITIONAL USE PERMIT The application of Charkist Corporation and Patricia Leahy for condition- al use permit for on-sale beer and wine on Lot 1, Block 3, Cedar Industrial Park in the Seneca Building was then brought before the Council. The Advisory Planning Commission recommended approval subject to certain conditions. Pat Leahy was present and discussed the issues that have been raised by the Planning Commission, including parking and noted there are 66 spaces for customer parking. All tenants had been notified of the meeting and there were 13 Council Minutes July 5, 1983 no objections to the application. Smith moved, Thomas seconded the motion to deem the proposal a Class I restaurant facility based upon the facts presented which will be allowed in an I-1 Light Industrial District, with the under- standing that the staff will calculate the parking requirements for the tenants in the building. All voted in favor. Egan then moved, Smith seconded the motion to approve the application for conditional use permit and further to authorize an amendment to the ordinance to allow beer and wine in an I-1 Light Industrial District through conditional use permit and subject to the following conditions: 1. The entire parking lot shall be'striped in order to clearly indicate the parking stalls according to City standards of 10 feet by 20 feet and adequate parking spaces shall be available for all uses in the building in- cluding this restaurant facility. 2. All other applicable ordinances shall be complied with. All voted in favor. CONTRACT #83-11 - EAGANDALE OFFICE PARK - STREETS & UTILITIES The plans and specifications have now been submitted for the Eagandale Office Park streets and utilities under Contract #83-11 and it was recommended that the plans and specifications be approved. Upon motion by Egan, seconded Wachter, it was resolved that the plans and specifications be approved for Contract #83-11 and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Thursday, July 28, 1983 at the Eagan City Hall. All voted yes. SCOTT TRAIL - COMMERCIAL BUSINESS OBJECTION Steve Darling and a neighbor appeared regarding their objections con- cerning the operation of an insulation business from a reidential home on Scott Trail. He questioned whether the City would allow the operation of a business in a duplex unit and stated that the neighbors are objecting to the use in that location. The Council requested the staff to investigate the use of the premises and report to the Council. JAMES HORNE ASSESSMENT APPEAL Mr. Hedges stated that he met with James Horne and his attorney con- cerning the assessment appeal scheduled for July 13, 1983. A letter of pro- posal has now been submitted from Mr. Horne's attorney recommending settlement of the storm sewer assessments on the Horne property, and there was discussion by the Council concerning settlement. No action was taken and Council indi- cated that it would hear any proposals for settlement at the July 13, 1983 continued hearing. 14 OC 9 Council Minutes July 5, 1983 SPECIAL ASSESSMENT COMMITTEE The Special Assessment Committee is scheduled to hold a meeting at 5:00 p.m. on Thursday, July 21, 1983 at the City Hall. CHECKLIST Smith moved, Wachter seconded the motion to approve the following Check- list dated: July 5, 1983. All voted yes. OUTLOT B - PILOT KNOB HEIGHTS 4TH ADDITION City Attorney Paul Hauge reported on further negotiations concerning the acquisition of Outlot B, Pilot Knob Heights 14th Addition for park purposes. He stated that it appeared the parties were now in agreement on the purchase price. Upon motion by Smith, seconded Wachter, it was resolved to authorize the Purchase Agreement to be prepared and submitted to the sellers for the acquisition of the lot. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:50 p.m. All voted yea. PHH Cit Jerk 15