Loading...
07/02/1984 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 2, 1984 A meeting of the Eagan City Council was held on Monday, July 2, 1984, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Thomas and Egan. Also present were City Ad- ministrator Hedges, Public Works Director Colbert, City Planner Runkle, City Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as pre- sented. All members voted in favor. MINUTES June 19, 1984 - Regular Meeting - Thomas moved, Wachter seconded the motion to approve the minutes of the June 19, 1984, meeting. All voted yes. June 5, 1984 & March 27, 1984 - Special Meetings - There were no objec- tions from Councilmember Wachter or Councilmember Egan concerning the minutes of the June 5, 1984, and March 27, 1984 meetings. REAL ESTATE TAX ABATEMENTS A representative of the Dakota County Assessor's office was present and recommended approval of two tax abatements covering the Donald Hesse property in Wescott Garden Lots and Lester Spencer on Cedar Avenue. Upon motion by Smith, seconded Thomas, it was resolved that the abatements be approved and ordered implemented. All voted yes. PARKS DEPARTMENT City Administrator Hedges reviewed the proposed purchase of two items of equipment including a 3/4 ton pickup truck in the amount of $8,500.00 and a one-ton truck in the amount of $1,500.00. A report from Finance Director Gene VanOverbeke dated June 21, 1984, covering 1984 equipment certificates was reviewed and there was discussion concerning the use of federal revenue sharing funds for financing the equipment. Councilmember Smith indicated he was opposed to federal revenue sharing funds for financing recurring uses such as depreciable equipment. It was recommended that the equipment certificates be issued and sold but not until all equipment was on order. Wachter moved, Thomas seconded the motion to approve the purchase of a 3/4 ton pickup and a one-ton truck for the Park and Recreation Department with financing to be approved with the proposed sale of 1984 equipment certificates. All voted yes. 1 ( f1 Council Minutes July 2, 1984 CONSENT AGENDA The following Consent Agenda items were discussed and recommended for approval. 1. Contractor's Licenses. The City received contractor's license appli- cations from general contractors, homeowners, and heating and ventilating contractors. The staff recommended approval subject to compliance with the City Ordinances. 2. Miscellaneous Projects Assessment Rolls. The City Clerk submitted to the Council the following assessment rolls and recommended that they be accepted and that the hearings be scheduled for August 7, 1984, at 7:00 p.m. at the City Hall: Project #332A, #342, #357, #369, #371, #385, #315R, #354, #355, #378, #381, #382, #383, and #384. 3. Lo is Membership Change. It was noted that the City of Eagan and other cities who are not "buy in" cities in the Logis system do not have representation on the executive board and it is being proposed to change the provisions for membership. It was recommended that a resolution be adopted by the City Council upgrading the membership from associate to full membership to allow representation on the executive committee/board of directors of Logis. R 84-34.15 4. Advisory Parks and Recreation Committee Appointment. It was noted that Mike Fedde had been contacted at the direction of the City Council concerning his possible appointment to the APRC to fill the unexpired term of Doug McNeeley. Mr. Fedde has indicated that he would accept the unexpired term and it was recommended that his appointment be approved. Egan moved, Wachter seconded the motion, all members voted in favor of the foregoing consent agenda items and ordered their implementation. AMUSEMENT DEVICE LICENSE RENEWALS A schedule of license renewals for amusement devices located throughout the City was presented and the staff recommended approval. Blomquist moved, Wachter seconded the motion to approve the applications for amusement device renewals with the exception of the application of D.V.M. Company for three machines at South Fork Restaurant at 4185 South Robert Trail due to the fact that a proposed hearing will be held on the revocation of the liquor license. All voted in favor. 2 Council Minutes July 2, 1984 ST. FRANCIS WOOD UTILITY EASEMENT VACATION Mayor Bea Blomquist opened the public hearing concerning the vacation of drainage and utility easements for Lots 1, 2, 5, and 6, of Block 2, St. Francis Woods 3rd Addition. The developer requested the easements be vacated to allow the proposed townhouse structures to be located adjacent to the front lot line to provide a greater setback from the ponding in the rear for more open space. Mr. Colbert explained the proposed vacation. There being no objections, the staff recommended approval and Smith moved, Thomas seconded a motion to close the public hearing and approve the vacation of the drainage and utility easements and to authorize the mayor and City Clerk to execute all related documents. All voted in favor. PUBLIC WOWS DEPARTMENT Public Works Director Colbert appeared. 1. East Blue Gentian Road - Project #349. It was noted that a Cost Participation Agreement had been entered into between MnDOT and the City of Eagan for the upgrading of east Blue Gentian Road as proposed to be con- structed as a standard residential street and the Public Works Department is now recommending that it be upgraded to a 40-foot width with turn lanes at stategic locations. Due to the fact that construction is presently underway, it is imperative that the Council authorize MnDOT to proceed with the con- struction and preparation of the amendment to the Cost Participation Agreement and the Public Works Department recommended the amendment. Smith moved, Wachter seconded the motion, to approve the widening of east Blue Gentian Road to a 40-foot width with turn lanes and to authorize the preparation of a supplemental agreement with MnDOT for cost participation under Project #649. All voted yea. 2. East Blue Gentian - Project #416. With the second stage of the progress of I-494 into Sunfish Lake and Inver Grove Heights, the easterly one- half mile toward Delaware Avenue in Inver Grove Heights will be required to be located and upgraded as a frontage road due to the location of I-494 to the east. The staff recommended that that portion of Blue Gentian Road be com- pleted to a 40-foot width 9-ton status under MnDOT contract and recommended the City enter into a Cost Participation Agreement committing to the funds. Wachter moved, Egan seconded a motion to authorize the preparation of a feasi- bility report for east Blue Gentian Road under Project #416 and authorized the staff to negotiate an equitable Cost Participation Agreement with MnDOT for Council consideration at a later date. All voted yes. 3 Council Minutes July 2, 1984 CINNAMON RIDGE LIMITED PARTNERSHIP - MULTI-FAMILY HOUSING BONDS The public hearing regarding the application of the Cinnamon Ridge Limited Partnership and the Canadian American Corporation for consideration of the sale of $12,500,000.00 worth of multi-family housing revenue bonds was brought before the Council. The proposal would include 264 units at $53,000.00 per unit with $1,280,000.00 in developer equity. Representatives of Miller and Schroeder were present as were representatives of the developer. Mr. Hedges indicated that the only application at the present time is for multi-family housing revenue bonds but that tax increment financing may be applied for at a later time. After review, there being no objections, Smith moved, Egan seconded the motion to close the hearing and to approve the preliminary resolution for the $12,500,000.00 multi-family housing revenue bonds. All voted in favor. BIRCH PARK ADDITION & PILOT POINTE ADDITION - PRELIMINARY PLATS The application of Sienna Corporation for preliminary plat approval of Birch Park Addition consisting of approximately 43 acres and containing 77 dwelling units in Windcrest 2nd Addition and Pilot Pointe Addition east of Pilot Knob Road were next considered by the Council. Pilot Pointe project would include 8.8 acres and contain 20 single family lots. The applications had been continued from the June 19 Council meeting and the Advisory Planning Commission recommended approval of both applications on May 29, 1984. Tom Colbert reviewed the changes in the proposed Pilot Pointe plat and indicated three areas of concern by the Council at the last meeting which were the impact on the drainage of adjacent properties from the placement of a con- siderable volume of fill from the development, the location of the stub street and its relation to Skovedale No. 2 Addition to the north, and the proposed future easterly extension of the public street from Pilot Pointe Addition through the proposed Birch Park Addition with a connection to Denmark Avenue. Mr. Colbert noted that a neighborhood meeting had been held with property owners in Skovedale 2nd Addition and he reviewed the impact of each of the areas that the Council and neighboring owners had concern about. He noted that excess material from I-35E would be used to fill the Pilot Pointe Addi- tion property and noted that a number of cul-de-sacs in the City exceed 500 feet in areas where development is not completed. He recommended that the stub street running to the north be located further east than originally planned because of the terrain and. in order to reduce the differential in grade. Several overhead illustrations were used including proposed profiles of Pilot Pointe at the existing grade and after including fill. He stated that the Section A area on the east is the staff's recommendation for the stub street for future access to the north. He showed areas of drainage before and after the fill was included and indicated that there would be no negative impact on the pond on the south side. There was a proposed catch basin on the north side to bring the water 4 Council Minutes July 2, 1984 to the street. He further indicated that Rocky Lane could be upgraded to City standards with some modifications and the east end of Rocky Lane could be subdivided to three or four lots. The pond along the west line of Birch Pond Addition was discussed and a hearing for controlled outlet has been scheduled for July 18, 1984. He indicated the connection running easterly from Denmark Avenue to Pilot Pointe is not necessary, that its costs could be prohibitive, and there would be substantial tree loss and lack of benefit to the property within Birch Park Addition for assessment purposes. Councilman Wachter indi- cated that the connection to the north would give the owners in Skovedale 2nd Addition a chance in the future to resubdivide their lots. There was a question as to whether the County Highway Department has approved the connec- tion to Pilot Knob Road from Pilot Pointe and it was noted that the county's position is that if there is another alternate, then they would prefer that alternate, but otherwise, they would allow access directly from Pilot Knob Road. The County will follow the City's directive in this respect. It was also noted that a road from Denmark Avenue to the east to Pilot Pointe would create a longer cul-de-sac than is being proposed. Bob Honza, an owner on Deerwood Drive, submitted a Petition on behalf of adjoining owners objecting to certain aspects of the proposal including the run-off in the back yards, that two accesses to County Road #31 in fairly close proximity would be excessive and they also suggested that the developer look at other alternate access points; further, that development is not con- sistent with the other adjacent development. It was noted that storm sewer installation would be deep enough to carry the water out of the south pond. Tom Bergen of Deerwood Drive was concerned about the lots at the east end and recommended smaller lots at the east end of Deerwood Drive. Neighbors were not necessarily in favor of Fawn Ridge origi- nally, according to Mr. Bergen, but they favored larger lots along Deerwood Drive and suggested that creative access drives to the lots on Deerwood Drive will be required. After lengthy discussion, Wachter moved to approve the Birch Park preli- minary plat, subject to certain conditions. There was no second and the motion died. Miriam Nall, an owner of property on Pilot Knob Road on the south, appeared and had concerns about the number of access points on to Pilot Knob Road, the sanitary sewer outlet and also she proposed some fill on the east area of the Nall property. Councilman Egan stated that there are several property owners that are involved and there could be future problems with excessive access points to Pilot Knob Road in the future. Ron Boyle, a neighboring owner, recommended that all lots on Deerwood Drive be estate sized and be consistent with the owners' lots on the south side of Deerwood Drive. 5 Council Minutes July 2, 1984 V4~s Rod Hardy, Jim Hill and Judith Bright appeared on behalf of the applicant and Mr. Hardy indicated that fill is available but may cost additional to complete and stated the developers would not force the Skovedale 2nd Addition owners to fulfill the connection. Smith then moved, Wachter seconded the motion to approve the application for Pilot Pointe plat approval on a prelimi- nary basis as it was presented and strongly encouraged the developer to coor- dinate with George and Miriam Nall, the owners on the south, to include fill in the lower area on their property; further, that the potential for addi- tional accesses to the south be reviewed, particularly through the Nall property and subject to the following conditions: 1. A 10 foot setback variance shall be granted for Lot 1, Block 1. 2. The plat shall be subject to the County Plat Commission's review since it abuts a County Road. 3. All other applicable ordinances shall be adhered to. 4. The necessary storm drainage system shall be constructed prior to final plat approval and assure outlets to the proposed Birch Park Addition pond outlet. 5. The City will require that the water main be looped from the east end of proposed Pilot Knob Court to the east plat line and extend to the south to connect to the existing 12 inch water main in Deerwood Drive. 6. The developer will be responsible to construct the sanitary sewer to the lift station presently being constructed in the proposed Birch Park development. 7. The City will require utility and drainage easements ten feet in width adjoining all streets and five feet in width adjoining side and rear lot lines. The City will require easements for all utilities not constructed within the street right-of-way. 8. The developer shall submit an erosion and sediment control plan to the City for review and approval. Councilman Egan indicated he would support the application but may oppose the application for final plat approval. All members voted in favor. Wachter then moved, Thomas seconded the motion to approve the application for approval of Birch Park Addition, subject to the following conditions: 1. A revised planned development agreement shall be drafted incorpor- ating the proposed land use changes and an underlying zoning of R-1 be incor- porated on this preliminary plat portion. 6 Council Minutes July 2, 1984 2. An agreement shall be entered into between the City and developer that if Fawn Ridge Drive is eliminated, that proper access be provided to the west according to City requirements. 3. The planned development shall incorporate this specific plan for lot size and lot configuration. 4. The plat shall be subject to the Park Commission's review and com- ments regarding park dedication. 5. Adequate rights-of-way and easements shall be dedicated as requested by City staff. 6. All other City ordinances shall be adhered to. 7. The City will require a petition to construct the proposed storm sewer lift station No. 12 and outlet for Pond JP-6. 8. The City will require a petition to construct the proposed 12 inch watermain through this plat. 9. The City will require a petition for the upgrading of Deerwood Drive. 10. Utility and drainage easements shall be dedicated as referenced in this report. 11. If the utilities and streets are constructed under a private con- tract, the plans and specifications shall be prepared by a registered engineer in accordance with the engineering guidelines; otherwise, the developer shall petition the City to construct the necessary utilities and streets. 12. All future costs for public improvements shall be the sole responsi- bility of the developer except for the watermain oversizing and one-half the appropriate cost of Deerwood Drive unless the developer has agreed by earlier agreement. 13. Accesses to Deerwood Drive shall be approved by the City Engineering Department. 14. The developer shall be responsible for the acquisition of necessary easements across the McCarthy property to the east for the necessary storm water control within Birch Park Addition. 15. The developer shall review and maintain architectural controls on lots that are below minimum standards. 7 Council Minutes July 2, 1984 16. The intersection of Denmark Avenue and Wescott Road shall have 90 degree intersection instead of the proposed angle. 17. Two tot lots shall be providied within the townhouse development to serve the needs of the preschoolers. The developer should lalso contribute costs to the Homeowners Association so the tot lots can be developed. This can be worked out as part of the development agreement. 18. The bylaws of the Homeowners Association shall be submitted with the development agreement. 19. Deerwood Drive shall have a 40 foot half right-of-way instead of the proposed 33 foot. 20. Lots 18, 19 and 20 shall be extended to the west property line to include unusable parkland into lots. All members voted in favor. SEE PLAT FILE CEDAR CLIFF ADDITION - PRELIMINARY PLAT The application of Federal Land Company for revision to the preliminary plat of Cedar Cliff Commercial Addition consisting of approximately 13.5 acres was presented to the Council. Mayor Blomquist opened the discussion and Dale Runkle detailed revisions to the proposed plat from the March 1984 application approved by the Council. The proposal also includes an amendment to the Cedar Cliff Commercial planned development to allow 37,900 square feet of commercial building and a 12,160 square foot office building, together with a 5.24 acre outlot for further development. The preliminary plat would provide for a dedicated road from Cliff Road to Nicols Road and right turn in and out lanes on Cliff Road. Mr. Runkle detailed the changes including the access points, the proposal for bank drive-in, the change in the office building layout and the increase in size of the commercial building. The commercial building would cover 19% of the lots created and the increase would be 13,900 square feet. Gas pumps would also be provided without service bays and would not comply with City ordinance requirements. The proposed office building would be similar to several buildings that the developers have constructed in the Yankee Square area. Mr. Runkle also explained that the WAYL radio station owners are con- cerned about the disturbance of frequency for the AM station and proposed language for the planned development agreement. A meeting had been held between developers and neighbors in the Cedar Cliff area on Sunday, July 1, 1984 and it was noted that the developers have a very tight time schedule for construction in 1984. The bank is shown only as a concept but no action will be taken concerning that application at the present time. Vernon and Martin Colon were present and indicated that berming on the north will be installed at the beginning of the development and further, that Dakota County has approved the proposed road access points to Cliff and Nicols Roads. 8 Council Minutes July 2, 1984 There was discussion concerning the issues reviewed at the neighborhood meeting and it was noted that there would be a restriction against the sale of on-sale liquor on the premises within the development. In addition, an agreement has been entered into with the WAYL radio station owners and Peter Beck, attorney for the AM/FM radio stations was present. He indicated that additional antennas could create some impact on signals and recommended that not more than one communication antenna be allowed per building unless a permit is granted by the City. City Attorney Paul Hauge indicated that the proposed wording that the radio station owners submitted whereby the City would be responsible for notifying the radio sta- tion even if the building were more than 350 feet or greater than the ordi- nance notice requirement would be very difficult for the City to administer. The ordinance requirements may change and there were also questions concerning height of antennas. Further consideration will be given to this issue. Steve Darling, a neighbor, appeared and indicated that after the neigh- borhood meeting, generally the neighbors approved the application. They are very much against gas pumps on the site and favored the interior trash con- tainers and meter room which Vernon Colon indicated they would install. Thomas moved, Egan seconded the motion to approve the application for the preliminary plat approval, subject to the following conditions: 1. No gas pumps will be allowed within the plat. 2. Hours will be from 7:00 a.m. to 1:00 a.m. 3. There shall be a common architectural theme throughout the entire commercial use area including the outlot. 4. No more than one antenna per building will be allowed on top of each building unless specifically approved by the City. 5. The bank proposal will be held in abeyance for the present. 6. A revised Planned Development Agreement shall be entered into and this revised site plan shall be the main land use exhibit with this Planned Development Agreement. 7. The first phase development shall meet all of the City Code require- ments regarding lot coverage, setbacks, etc., also the architectural exhibit shall be included as exhibits to the Planned Development Agreement in order that the buildings are constructed as they are presented to the City. 8. The plat shall be subject to the Park Commission's review and com- ment regarding park dedication for commercial property. 9 Council Minutes July 2, 1984 9. A detailed grading of berms along the northern edge of the property shall be constructed with the first phase of the development. 10. The plat shall also be subject to Dakota County Plat Commission's review and comment because the plat abuts County right-of-way. 11. Detailed landscape, grading plan and erosion control plan shall be submitted and approved by City staff prior to construction. 12. All other City ordinances shall be adhered to. 13. Access to proposed shopping center off of Nicols between proposed public street and Cliff Road shall be designated as right-in, right-out traffic movements. 14. An 8-foot bituminous trailway adjacent this development's west and south boundaries shall be the responsibility of this development. 15. A 5-foot concrete sidewalk shall be required along one side of the proposed internal street. 16. Easements shall be dedicated as referenced in the Engineering Report. 18. This development shall accept its responsibility for upgrading the trunk water area assessment as referenced in the Engineering Report. 19. This development shall accept its responsibility for lateral benefit for trunk watermain as referenced in the Engineering Report. 20. This development shall be responsible for all costs associated with installation of public improvements. All voted in favor. SEE PLAT FILE Egan then moved, Thomas seconded the motion to approve the application for amendment to the Cedar Cliff planned development subject to city ordinance requirements. All voted yes. Vernon Colon then requested that the City approve a grading permit so that the developers could commence grading at the earliest possible time. Smith moved, Thomas seconded the motion to approve an application for grading, subject however, to submission of a proper applica- tion and compliance with all City ordinance requirements. All voted in favor. 10 Council Minutes July 2, 1984 OAK CHASE ADDITION - SIDE YARD SETBACK VARIANCE An application was submitted by Tim Callister for 11 foot side yard setback variance for Lot 7, Block 2, Oak Chase Addition. The applicant had received a building permit and had begun foundation construction when it was noted the permit was granted based on R-1 District setbacks, rather than Estate Zoning setback requirements. Because of the hardship involved and upon motion by Smith, seconded Wachter, it was resolved that the Council approve the side yard setback variance requested, subject to compliance with all other ordinance criteria. All voted affirmatively. NORTHWESTERN BELL - UTILITY BUILDING - LEXINGTON AVENUE An application had been received from Northwestern Bell Telephone Company for a utility building on City park land located between Canterbury Forest Addition and Ches Mar East 2nd Addition. Ken Vraa was present and explained that the park committee has reviewed the application extensively and has recommended that the Council approve the request, subject to certain condi- tions. Ray Nelson was also present and discussed the application in some detail. The issues included impact on the area, the location on the site in order to have the least impact on trees, construction of the exterior to blend into terrain and miscellaneous lease conditions that would be imposed by the City. Mr. Nelson stated the purpose is to assist in providing additional telephone service in the city and also, upon request, indicated that the building possibly could be moved to the south to reduce the impact, including the length of the driveway. Additional plantings would be installed and he indicated that he contacted three of five neighbors, some of whom were present and had concerns about the building. Charles Novak, a neighbor, read a statement opposing the proposal, in- cluding the adverse impact, the lowering of property values, improper use of park land and he requested a continuance to further consider the application. Councilmembers asked whether it would be feasible to have a larger building in a less obvious area, and suggested the application be continued. Smith moved, Wachter seconded the motion to continue the application until the August 7, 1984 meeting to provide the Northwestern Bell representatives and neighbors time to review the application in detail and also to review a proposed alter- nate site on private property and further to review the possibility of con- solidating several of the buildings to reduce cost and the impact upon the community; it was further recommended that notice be forwarded to adjoining property owners being affected by the request. All voted in favor. 11 Council Minutes July 2, 1984 TIRES PLUS STANDARD - VARIANCE An application of Tires Plus Standard and Thomas Gejax for variance from the building code for the Tires Plus Standard station at 4205 Nicols Road to allow a single restroom in the station and an additional sign on the free- standing freeway sign was next heard. A letter dated January 17, 1984 was submitted by Mr. Gejax to the City and a report from Dale Peterson, the chief building official, was also reviewed. It appeared that Mr. Gejax was in violation of the city building code which provides for two bathroom facilities in the event that four or more persons of both sexes are employed. After discussion and review of the reports, the Councilmembers indicated that there did not appear to be adequate hardship for the variance and that the applicant clearly violated the building code in not constructing one bathroom when improvements were made to the building. Further, there did not appear to be adequate reason for the additional sign. Mr. Gejax was notified of the meeting but neither he nor a representative on his behalf was present. It was also noted that there had been complaints to the City about the fact that there are not two bathroom facilities on the site. Wachter moved, Thomas seconded the motion to deny the applications, based upon the foregoing reasons, including the recommendation of the chief building inspector and noting the violations of the Uniform Building Code and City Ordinance. All voted in favor. Councilman Smith then moved, Egan seconded the motion that the City Council be on record taking no action on the conditional use permit revocation until July 17, 1984, at which time the Council will consider the revocation of the conditional use permit for the service station in the event that the ordinance requirements are not complied with. All voted yes. NAEGELE SIGN COMPANY - APPLICATION - HIGHWAY #13 Application has been received from Naegele Sign Company for the change in location for the sign relocation of the billboards formerly on the Hillcrest property on Highway #13 and Blackhawk Road to Lot 1, Block 1, Cedar Industrial Park, south of Seneca Road, on Highway #13. Dale Runkle indicated that the City had authorized the proposed relocation when the sign was removed due to road construction near Blackhawk Road and asked direction from the Council as to the relocation. Smith moved, Thomas seconded the motion to approve the relocation, subject to compliance with all necessary ordinance provisions; further subject to the back side of the double-faced sign being enclosed and that it be no higher than 40 feet from the base of the sign. All voted in favor. 12 1 . Council Minutes July 2, 1984 1983 COMPREHENSIVE ANNUAL CITY FINANCIAL REPORT Tom Hedges indicated a comprehensive financial report performed by Deloitte Haskins & Sells has been completed and copies have been distributed to the City Council members. The City Administrator and Director of Finance have reviewed the report in detail and it was noted that an attempt would be made to receive official certification by the National Association of Finance Directors. A number of accounting controls have been recommended by the auditors. Gene VanOverbeke, together with John Lilja of Deloitte Haskins & Sells, was present. Mr. Lilja gave a brief synopsis of the audit and recom- mended certain changes in the accounting procedures. Wachter moved, Smith seconded the motion to approve the report as presented. All voted yes. WESTBURY ADDITION - PRELIMINARY PLAT REVISION The application of Gabbert Development Corporation for revision to the preliminary plat of Westbury Addition, changing the original proposal of 36 duplex units into 29 single family units on 8.2 acres was next brought before the Council. The Advisory Planning Commission recommended approval subject to certain conditions, including reduction to 28 lots to provide for 65 foot minimum frontage as compared with 60.9 feet proposed by the applicant. Dale Runkle explained the proposal to the Council and Dave Gabbert was also present and answered the questions of the Council. After review by the Councilmembers and there being no objections, Thomas moved, Egan seconded the motion, to approve the application subject to the conditions as follows: 1. That the 65 foot front footage be the minimum frontge on any of the lots. 2. That the reduction of lots within this plat will not be allowed to increase the lot density in the balance of the Lexington South Planned Development. 3. No other variances will be allowed in the subdivision. 4. All structures shall undergo a review of a private architectural board. 5. All structures shall meet the minimum setback requirements estab- lished in Chapter 11 of the Eagan City Code. 6. No direct access from individual lots shall be taken from either Wescott Road or Lexington Avenue. 13 Council Minutes July 2, 1984 7. The developer shall, at its cost, be required to construct an asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. 8. A detailed landscape plan shall be submitted illustrating the rear yard screening along Wescott and Lexington. 9. If utilities and streets are to be installed under public contract, this development shall be responsible for petitioning the City for these improvements over phase two. 10. A 55 foot-half right of way shall be dedicated for Lexington Avenue. 11. A 10-foot trailway easement shall be provided adjacent Lexington Avenue. 12. Existing easement locations for sanitary sewer and storm sewer, as indicated on the Westbury 1st Addition plat, shall be maintained in their same locations. 13. This development shall be responsible for all costs resulting from the implementation of public improvements for this area. All members voted in favor. SEE PLAT FILE SOUTH FORK RESTAURANT LIQUOR LICENSE REVOCATION City Administrator Tom Hedges indicated that he has met several times with Police Chief Berthe and Captain Geagan regarding the status of the on- sale liquor license at South Fork Restaurant on Highway #3. It was noted that charges were filed regarding the sale of drugs at the restaurant against the manager and the proprietor. The City Administrator and the Chief of Police have recommended that the City Council consider revocation of the liquor license and upon motion by Wachter, seconded by Egan, it was Resolved that a hearing be scheduled on the proposed revocation at the August 7, 1984, regular meeting at 7:00 P.M. to consider the revocation and that notice be forwarded to the licensee of South Fork Restaurant. All voted yes. 14 Council Minutes July 2, 1984 RICHARD'S FOOD AND LIQUOR, INC. - LICENSE APPLICATION The application of Richard's Food and Liquor, Inc., for an on-sale liquor license at the present location of the South Fork Restaurant was considered by the Council. Mr. and Mrs. Stariha were present and answered questions of the Council. Mr. Stariha indicated that he realized that the Council is con- sidering revoking the license of the current licensee, but indicated that his application was commenced prior to the notice of the proposed revocation. There being no objection, Egan moved, Thomas seconded a motion, to approve the application for a liquor license for Richard's Food and Liquor, Inc., subject to all state and City ordinance requirements with the understanding that the license will not be issued until after the determination of the revocation of the South Fork license has been made. All voted in favor. PHEASANT KNOLL MODEL HOME REQUEST A request was submitted by the developers of the Pheasant Knoll project for construction of a model home including four units for the Parade of Homes in August of 1984. After review and recommendation of the staff, upon motion by Smith, seconded Wachter, it was resolved that the application be approved subject to compliance with necessary City ordinance requirements. All voted yes. SUNSET 4TH ADDITION MODEL HOME A request has been received from the developer of Sunset 4th Addition for a model home permit on Lot 6, Block 2, of the Fourth Addition. The applica- tion is for a unit to be constructed for the 1984 Parade of Homes. There being no objection, upon motion by Egan, seconded Wachter, it was resolved that the application be approved subject to necessary City requirements. All voted in favor. OAK CLIFF POND OUTLET CONTRACT 84-11 The bids have now been received for the Oak Cliff Pond Outlet under Contract #84-11. The low bidder is Ro-So Contracting in the sum of $58,396.50. Egan moved, Wachter seconded the motion to approve the low bid of Ro-So Contracting in the total base bid of $58,396.50. All voted yes. 15 Council Minutes July 2, 1984 HARVEY BRAUN PROPERTY COMPLAINTS Mr. Leonard Walz and other neighbors were present concerning their com- plaints regarding the debris and other junk on the Harvey Braun property located on the south side of Fish Lake. A letter had been submitted to the City by Mr. Braun's son indicating that 12 items will be corrected within 60 days. There were strong objections regarding the dead trees, the machinery and other equipment that was located on the property. It was recommended that the dead trees be removed for safety purposes. LEXINGTON PLACE UTILITIES CONTRACT #84-14 Formal bids were received on June 29, 1984, covering Contract #84-14, regarding service to Lexington Place 2nd Addition and Lexington Place South Addition. Certain easements, however, had not been acquired and Mr. Colbert recommended that the Council continue consideration of the award of the con- tract until the July 17, 1984, meeting. Thomas moved, Wachter seconded the motion to approve the recommendation. All voted yes. SUN CLIFF ADDITION STREETS AND UTILITIES - CONTRACT #84-15 Bids have now been received covering utility and street improvements for Sun Cliff 2nd Addition and it was recommended that the low bidder, M & M Sewer and Water Company, in the amount of $355,793.20, be approved. Wachter moved, Smith seconded a motion to approve the low bid of M & M Sewer and Water Company as recommended. All voted in favor. 1984 SEAL COATING CONTRACT - #84-6 The bids have been received for seal coating throughout the City under Contract 484-6 and it was recommended that the low bidder, Allied Blacktop, with a total base bid of $91,027.20 be approved and awarded. Thomas moved, Wachter seconded the motion to approve the total base bid of $91,027.20 and a deduct for Alternate No. 1 in the sum of $7,098.00 to Allied Blacktopping Company. All voted in favor. 16 Council Minutes July 2, 1984 PILOT KNOB SHOPPING CENTER INDUSTRIAL REVENUE FINANCING EXTENSION A request has been received by the developers of the proposed Pilot Knob Shopping Center for an extension for one additional year for industrial revenue financing for the project. An extension was granted in 1982 and another in 1983. Difficulty in obtaining financing for the project is the claimed reason for the hardship on behalf of Pilot Knob Associates, the developer. Councilmembers discussed the new law adopted by Congress affecting Industrial Revenue Financing funds and the allocation that is being authorized for the City of Eagan. There were questions concerning how the City would allocate the funds and concerns that the developers of Pilot Knob Shopping Center would not be ready to proceed and would utilize a substantial portion of the allocation. Egan moved, Thomas seconded the motion to approve the extension for the Pilot Knob Center application for one additional year. All voted in favor. INDUSTRIAL REVENUE FINANCING ALLOCATION After discussion Smith moved, Thomas seconded the motion to set August 1, 1984, as the deadline for applications for Industrial Revenue Financing in the City of Eagan in 1984 and that all potential applicants be notified by the City staff. All voted in favor. INTRO TRANSIT CO 1ISSION A letter from the League of Minnesota Cities has been received by the City offering a choice of the City of Eagan to "opt-out" of the MTC district with comparable letters being sent to other suburbs in the Twin Cities area. The City Administrator reported that a letter was sent to the Commissioner of Transportation requesting that the City of Eagan be allowed the option to "opt-out" of the MTC service if a future City Council would find this action desirable. LEXINGTON AVENUE STORK SEWER CHANGE ORDER NO. 84-1 Mr. Colbert indicated that a 200-foot storm sewer extension for gravity outlet at the Northwest corner of Lexington Avenue and Lone Oak Road is required to avoid flooding of adjacent single family homes. He recommended a change order to Contract #84-1 in the sum of $13,890. Egan moved, Wachter seconded the motion to approve the recommendation. All voted yes. BIRCH PARK ADDITION - PROJECT #417 A request has been received for utility improvements in proposed Birch Park Addition under Project #417. Thomas moved, Egan seconded the motion to accept the request and to order the preparation of the feasibility report. All voted in favor. 17 Council Minutes July 2, 1984 WATER SUPPLY AND STORAGE Public Works Director Tom Colbert indicated that there were certain days within the past two weeks when water pressure has been very low due to lack of water storage capacity. He recommended the installation of a minor booster pump to avoid serious water shortages which pump would cost about $8,000. There was also discussion concerning a sprinkling ban and staff was directed to implement a sprinkling ban for the City. Smith moved, Wachter seconded the motion to approve the installation of the minor booster pump as requested. All voted in favor. CHECKLIST Thomas moved, Wachter seconded the motion to approve the following Checklist dated: July 2, 1984 $75,677.84 All voted yes. SPECIAL ASSESSMENT COMMITTEE MEETING A Special Assessment Committee meeting will be held July 30, 1984, at 4:00 p.m, at the Eagan Municipal Center. SPECIAL COUNCIL MEETING A special Council meeting will be held on July 16, 1984, at 7:00 p.m. at the Eagan Municipal Center. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 11:40 p.m. All voted yes. PHH Ci y erk 18