Loading...
03/19/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 19, 1985 A regular meeting of the Eagan City Council was held on Tuesday, March 19, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea Blom- quist and Councilmembers Smith, Egan, Wachter and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter, moved, Egan seconded the motion, all members voted yes to approve the agenda. MINUTES Regular Meeting - March 5, 1985. Smith moved, Thomas seconded the motion to approve the minutes of the March 5, 1985 regular meeting. All members voted yes. REAL ESTATE TAX ABATEMENT Bill Peterson of the Dakota County Assessor's office was present and recommended the reduction in estimated market value of the Larry and Virginia Hvinden property on Donald Avenue from $89,700.00 to $84,200.00. Smith moved, Egan seconded the motion to approve the reduction. All voted yes except Thomas who abstained. FIRE DEPARTMENT Dakota County Mutual Aid Fire Agreement. The City Administrator submitted and recommended for approval, a Mutual Aid Fire Agreement between various municipalities within Dakota County. Thomas moved, Wachter seconded the mo- tion to approve the Agreement as prepared. All voted in favor. 1 Council Minutes March 19, 1985 17~ - PARK & RECREATION DEPARTMENTS Ken Vraa was present and discussed with the Council the Spring 1985 park construction under City Contract #85-14. Estimates have now been received from the Consulting Engineers and were reviewed with Councilmembers. The Advisory Parks and Recreation Committee, at its March 7, 1985 meeting reviewed the cost estimates and recommended approval to the City Council. Upon motion by Wachter, seconded Egan, it was resolved that the plans and specifications for Contract #85-14 be approved and that the Clerk be authorized to advertise for bids to be opened April 12, 1985 at 1:00 p.m. at the Municipal Center. All members voted yes. PUBLIC WORKS DEPARTMENT BLACKHAWK ROAD - PROJECT #317 Robert Kruger of 4290 Blackhawk Road appeared concerning his claim in the amount of $20,264.00 as damages resulting from street and utility improvements installed under Project #317. A report was submitted by Ted Wachter, the Chairman of the Public Works Committee with the recommendation that $3,000.00 be paid to Mr. Kruger for reconstructing the Kruger driveway. Mr. Kruger indicated that he was not willing to accept $3,000.00 and Wachter moved, Egan seconded the motion to continue consideration of the claim until the next regular meeting in order to refer the issue back to the Public Works Committee for meeting with Mr. Kruger on the site. All members voted yes. CONSENT AGENDA The following consent agenda items were presented to the City Council by the staff and recommended that they be approved and ordered implemented: 1. Personnel items: a. Public Works Street Maintenance Employee. It was recommended that Greg Ebel be transferred from the Park Maintenance Dept. to the Street Main- tenance Division within the Public Works Department, effective April 1, 1985. b. Engineering Tech II. It was recommended that Craig Knutson be hired to fill the permanent full-time Engineering Tech I position beginning March 21, 1985, subject to satisfactory completion of the required physical examination. c. Part-time Building & Grounds Maintenance Worker. The staff, after interviews, recommended that Todd Liberty of 4325 Lodgepole Drive, be hired in the position of part-time building and grounds maintenance worker with a starting date contingent upon successful completion of the City's required physical exam. d. Police Dispatcher/1985 Contract. A final offer presented by the City Council to settle wages and benefits for the Police Dispatchers was accepted and ratified by that group for a one year period, and it was recom- mended that the one-year contract be approved, effective January 1, 1985. 2 Council Minutes March 19, 1985 e. Clerical Unit Ratification. An agreement was reached and final ratification approved by the Clerical Unit accepting the final offer presented by the City Council for one year wage and benefit contract, effective January 1, 1985, and the staff recommended approval and authorization by the Council. 2. Contractor's Licenses. A schedule of general contractors, heating & ventilating contractors, and plumbing contractors was presented to the Council and the Building and Inspection Dept. recommended the applications be approved. 3. Williams & LaRue Addition - Feasibility Report - Project #422R. The revised feasibility report for Williams & LaRue Addition marked Project #422R was submitted and it was recommended that the report be received and that a public hearing be scheduled at the Municipal Center on April 16, 1985 at 7:00 p.m. 4. Town Centre 70 & 100 Additions - Feasibility Report - Project #429. The next feasibility report marked Project #429 for street and utility im- provements for Town Centre 70 and Town Centre 100 Additions was submitted and the Public Works Department recommended that the report be received and that a public hearing be scheduled by the City Council for April 16, 1985 at the City Hall commencing at 7:00 p.m. 5. Royal Oak Addition - Feasibility Report - Project #432. The feasi- bility report for Project #432 was brought before the Council and recommended that it be received and that the public hearing be scheduled on April 16, 1985 at 7:00 p.m. at the City Hall, covering the street and utility improvements under Project #432. 6. Sun Cliff 4th & 5th Addition - Feasibility Report - Project #436. The feasibility report prepared by the Consulting Engineer indicated Project #436 covering street and utility improvements in Sun Cliff 4th and 5th Addition was presented to the Council and it was recommended that it be received and that a hearing be held before the City Council on April 16, 1985 at 7:00 p.m. at the Municipal Center. 7. Brittany 8th Addition - Feasibility Report - Project #440. The staff has received a petition from Tollefson Builders, Inc. and John Brown, the developer and owner of the proposed Brittany 8th Addition, requesting a feasi- bility report for Project #440 and the staff recommended the petition be re- ceived and the Council authorize the preparation of the report. 8. Water Treatment Plant - Contract #83-1 - Change Order No. 9. A change order was submitted to the Council and recommended for approval as follows: Part A with an addition of $6,288.00; Part B with an addition of $687.00; Part C, D, and E with an addition of $886.00; total Change Order of $7,861.00. It was recommended the Change Order No. 9 to Contract #83-1 be approved. 3 Council Minutes March 19, 1985 9. LeMay Lake Addition - Easement Vacation - Order Public Hearing. It was recommended that a vacation hearing for a street and utility easement for proposed LeMay Lake Addition be scheduled for April 16, 1985 at 7:00 p.m. at the City Municipal Center. 10. Safari 2nd Addition - Feasibility Report - Project #439. It was recommended the Petition from the developer of the proposed Safari 2nd Addi- tion be received covering Project #439 and that the Consulting Engineer be authorized to prepare a feasibility report for the street and utility improve- ments. 11. Technology Drive -Feasibility Report - Project #434. A Petition had been submitted by the developer for the CTC Business Campus and the feasi- bility report has now been prepared for Project #434 covering street improve- ments for Technology Drive and a public hearing was requested to be scheduled for April 16, 1985 at 7:00 p.m. at the City Hall. 12. Westbury 3rd Addition - Feasibility Report - Project #441. A Peti- tion from Gabbert Development, Inc. requesting preparation of a feasibility report, together with plans and specifications for the installation of streets and utilities to service Westbury 3rd Addition, which is a replat of Outlot B of the 1st Addition, was recommended to be received and that the Council auth- orize the preparation of the feasibility report and detailed plans and speci- fications for Project #441. 13. Westbury 4th Addition - Grading Permit. The City has received an application for grading/excavation permit for the proposed Westbury 4th Addi- tion which will be a replat of Outlot C of the 1st Addition, and it was recom- mended that the permit #EX 22-055 be approved as submitted by Enebek Construc- tion, Inc. 14. Airport Park Addition - Grading Permit. An application for grading/excavation permit within the proposed Airport Park development, located north of McKee Addition and east of Lexington Avenue has been received and it was recommended that Permit #EX 02-045 be approved. 15. St. Francis Wood 4th Addition - Final Plat. An application from Timberton Company for final plat approval of St. Francis Wood 4th Addition has been received by the City and the staff recommended that the final-plat be approved, subject to compliance with all City requirements. R 85-8 16. Slaters Acres - Contract #85-3 - Plans. The detailed plans and spec- ifications for Contract #85-3 consisting of Slaters Acres streets and utili- ties have been completed and it was recommended that the Council approve them and authorize for the advertisement of bids to be opened at 10:30 a.m. on Thursday, April 11, 1985 at the Municipal Center. 17. Golden Meadow Road - Contract #85-6 - Plans. The plans and specifi- cations for Contract #85-6 regarding street and utility improvements on Golden Meadow Road have been completed and submitted and it was recommended that they be approved and the Clerk be authorized to advertise for bids in the legal newspaper with the opening to be held at 10:30 a.m. on Friday, April 12, 1985 at the Municipal Center. 4 Council Minutes March 19, 1985 18. City Council Minutes - July 7, 1981. An error was recently dis- covered in the City Council Minutes of July 7, 1981 providing that the pylon sign for Silver Bell Addition be approved with certain conditions, including the sign not to project more than 247 feet above ground level, which should read "no more than 24 feet above ground level". It was recommended that the correction in the minutes of July 7, 1981 be approved by the Council. Wachter moved, Egan seconded the motion to approve the foregoing consent agenda items and authorize the implementation of the foregoing Consent Agenda items. All members voted affirmatively. LEXINGTON AVENUE WATERMAIN - LILLIAN McCARTHY - PROJECT #3951 The continued assessment hearing concerning Project #3951 regarding the Lillian McCarthy property as a part of the Lexington Avenue Watermain project was convened by Mayor Bea Blomquist. Tom Colbert reviewed the background of the proposed assessment and indicated on July 15, 1984, the final assessment was held and that Lillian McCarthy submitted objections at that time. Assess- ments for trunk area water, lateral benefit and trunk main and water service would amount to $9,529.51 and it was recommended that the Council approve the final assessments and also that it approve deferment under the Senior Citizens Ordinance provisions, subject to completion and execution of all senior citi- zen deferment requirements. There were no objections to the assessments, and Smith moved, Wachter seconded the motion to close the hearing, to approve the final assessment against the Lillian McCarthy property and in the event that there is an appeal of the assessments within the 30 day appeal period, that the Council then reconsider the levy of assessments. All members voted yes. MARTIN SHIELDS ASSESSMENTS - PROJECT #113 The Mayor then convened the assessment hearing regarding the Martin Shields property under Project #113. Mr. Colbert stated that the final assessment hearing was originally held in 1974 and at the request of Mr. Shields, the Council deferred the amount of the assessments until 1977. In July of 1977, Mr. Shields again requested deferment which the Council granted for a period of three years, subject to Mr. Shields entering into a specific agreement concerning the deferment. Mr. Shields did not execute such an agreement that had been submitted to him and the staff has been unsuccessful in getting Mr. Shields to comply with the levy of assessments which were pre- viously deferred on two occasions. The staff then recommended the Council reschedule the public hearing and reviewed with the Council the proposed assessments under Project #113. The proposal included the original assess- ments in the amount of $13,365.13 for sewer lateral, water lateral, services and grading of gravel base to include 11 years of interest at 8% for a total assessment of $25,126.44. Attorney Hap LeVander appeared on behalf of Martin Shields and also Mr. Martin Shields was present. Mr. LeVander objected to the assessments, both verbally and in written form and indicated that it was his opinion that the property did not benefit in the sum of $25,000.00. 5 Council Minutes March 19, 1985 After continued discussion, Smith moved, Egan seconded the motion to con- tinue the public hearing until May 21, 1985 at 7:00 p.m. at the Municipal Center, and that the staff be authorized to obtain an appraisal covering bene- fits to the property. All members voted in favor. LEXINGTON SQUARE ADDITION - VACATION HEARING The Mayor then convened the public hearing regarding the vacation of draLnage and utility easements within Lexington Square Addition consisting of a J foot wide drainage and utility easement dedicated as part of the final plat. Tom Colbert noted that the easement lies within the exclusive easement rights of the Williams Brothers Pipeline along the south side of Wescott Road and the pipeline company has objected to the easement at that location. The developer has now rededicated a 10 foot drainage and utility easement parallel with the south boundary of the pipeline easement, and the staff recommended approval of the vacation. There being no objection, Wachter moved, Egan seconded the motion to close the hearing and to approve the vacation of the drainage and utility easement, subject to rededication of an easement approved by the City. All members voted yes. KENSINGTON PLACE - MULTI-FAMILY HOUSING REVENUE BONDS The application of the developer of proposed Kensington Place project for multiple family housing and revenue bonds in the sum of $16,000,000.00 was brought to the Council. The City Administrator indicated that Miller & Schroeder, the city's program administrator, has requested a continuance until the April 2, 1985 meeting, in order to complete the appraisal work on the project. Thomas moved, Smith seconded the motion to continue the public hear- ing on the project until April 2, 1985 at 7:00 p.m. at the City Council cham- bers. All members voted in favor. AIRPORT NOISE RESOLUTIONS Two Resolutions have been submitted by the Eagan Airport Noise Committee and recommended for approval by the City Council. The City Administrator stated that the Committee has been meeting on a regular basis and has submit- ted a Resolution addressing noise run-up proposed to be submitted to the Attorney General's office and further, a Resolution requesting a moratorium in the 180° turn experiment. Joe Harrison was present as a member of the Noise Committee, and Tom Baker, the Chairman, appeared later in the meeting. After discussion by the Council, Smith moved, Thomas seconded the motion to approve and authorize the adoption of the Resolution regarding the 180° turn and to authorize the submission to the Metropolitan Airports Commission, copying all other agencies, such as the National Safety Board, the Airline carriers, and the FAA. All members voted yes. Wachter then moved, Egan seconded the motion to approve the Resolution regarding airport run-ups and requested that it be submitted to the Minnesota Attorney General's office. All members voted yea. 6 Council Minutes March 19, 1985 EAGANDALE OFFICE CENTER - OPUS CORPORATION - PRELIMINARY PLAT The application of Opus Corporation for preliminary plat approval of Eagandale Office Center consisting of 5 lots on 28.7 acres, for rezoning from RD (Research and Development) and Limited Industrial, to Planned Development for 14 acres, and a conditional use permit to allow a 5 story office building as a part of the Eagandale Office Park, came before the Council. The Planning Commission held public hearings on the applications at its meeting on February 26, 1985 and recommended approval, subject to numerous conditions. Dale Runkle made a presentation to the Council and indicated the Planning Commis- sion noted that the area north of Country Home Heights was intended as a buf- fer zone, and that the reason for the planned development rezoning was to allow a restaurant at Pilot Knob and Corporate Center Drive. Planning Commis- sion members had concerns about the residences on the south side of Avalon, and it was noted that the restaurant would not be permitted under R & D zon- ing. Mr. Runkle also recommended the Planned Development Agreement extend no longer than 5 years, unless approved by the Planning Commission and Council, and noted that the developer was concerned about storm sewer drainage out of the development. - Bob Worthington of Opus Corporation appeared and made an extended presen- tation regarding the proposal. Mayor Blomquist was concerned about the per- centage of building coverage, and whether the alternate plan under the R & D zoning submitted by Opus was a true representation of the maximum coverage allowable. Mr. Worthington stated that the proposal was an accurate represen- tation of lot coverage and that 450,000 square feet could be built under the proposal. The office building would consist of approximately 78,000 square feet and the office located on Corporate Center Drive is proposed to include between 90,000 to 100,000 square feet and would be a 4-story building having access from Corporate Center Drive. He stated that the office buildings are a departure from the original intent on the R & D, and that limited access only onto Avalon Avenue with right turn in and out only, would be permitted. He stated that an 8 foot average height berm will be built and that all parking on the north side of Avalon would be concealed from the residences to the south. The berm will be installed immediately after approval of the plat. It was noted there have been two neighborhood meetings and several neigh- bors were present at the Council meeting. Councilman Wachter was concerned about the landscaping along the south line and whether all homes will be screened from the parking area. Mr. Worthington stated there will be adequate insulation in the buildings to protect them from air noise. The Park Commit- tee has recommended cash dedication and there were questions to Mr. Worthing- ton as to whether Opus Corporation would accept the recommendation and pay cash dedication. It was noted that Opus Corporation in other recent replats have included language in development agreements allowing Opus to contest the park cash dedication in the future. Mayor Blomquist stated that it was her opinion that the restaurant would constitute spot and strip zoning and objected to the restaurant in the pro- posed location, indicating other residential owners along Pilot Knob Road have also objected, partially because of the proposed pylon sign anticipated on Pilot Knob Road. Councilman Egan was concerned about the R & D zoning requirements, including the 40 acre minimum provision and noted that he had discussed with members of the Opus Corporation the proposed development. He 7 Council Minutes March 19, 1985', stated that he had originally suggested a planned development because of the controls that could be placed on it by the City and asked the City Attorney questions concerning the R & D zoning. These included how the property was originally platted R & D, if the area did not total 40 acres. It was noted that the property was rezoned R & D in approximately 1965 at which time there may have been an 80 acre minimum provision without any explanation of whether there were conditions by the then Town Board, concerning zoning. Mr. Hauge stated that he was not aware of any specific agreement between Raunhorst and the City regarding the buffer, but that the staff has not researched the re- cord thoroughly for such an agreement. In addition, Mr. Egan asked whether the multi-office use conforms with the City's definition of general office building under the R & D zoning, and it was noted that there is no specific definition under the R & D provision of the Eagan Zoning Ordinance, but that there are more precise definitions of office uses within other zoned cate- gories. Joe Harrison, a neighboring property owner, appeared and stated that the land was intended to be a buffer and that he does not consider office build- ings would constitute a buffer. Egan then moved to continue the consideration of the application until the next Council meeting in order for the staff to research the questions that were submitted by the Council members. Blomquist seconded the motion and those in favor were Blomquist and Egan; those against were Smith, Thomas and Wachter. Councilman Smith stated that he felt that the plan had been improved somewhat and moved to rezone to Planned Development, Wachter seconded the motion, subject to compliance by Opus Corporation with the park dedication provisions and all other planned development provision requirements of the City. Mayor Blomquist indicated she opposed the motion because of the expect- ed impact on the neighborhood. Those in favor were Smith, Thomas and Wachter; those against were Blomquist and Egan and the motion failed, because of the two-thirds rezoning requirements. Mr. Worthington then volunteered to remove the restaurant from the pro- posal and upon the verbal indication on behalf of Opus Corporation to remove the restaurant, Councilman Egan moved, Smith seconded the motion to reconsider the motion to grant the planned development zoning. All members voted yes. Councilmembers indicated that the parcel formerly designated for restaurant, would have to comply with the specific zoning and Mayor Blomquist clearly stated that she opposed any retail or general commercial use that would in- clude the request for a pylon sign at that location. Wachter then moved, Thomas seconded the motion to approve the application for planned development zoning with the following conditions: 1. That the use of the former restaurant lot will conform with the general office uses for the remaining lots within the subdivision. 2. That Opus Corporation will comply with all city requirements regarding park dedication. 3. A Planned Development Agreement shall be entered into adopting this concept and the detailed landscaping plan as exhibits as part of the P.D. Agreement. 8 Council Minutes March 19, 1985 4. No other development shall be allowed except the construction of office building #1 until all of the utilities and streets have been put in to provide access to the 4 other lots in this plat. 5. The P.D. shall be no longer than 5 years, except with consent for extension by the APC and City Council. 6. All buildings shall be of a compatible architectural style as submit- ted and shown at the 2/26/85 meeting. It is the intention that brick and glass will be the exterior materials for these 4 office buildings. 7. No building shall exceed 45 feet in height unless a conditional use permit is obtained. 8. A detailed light plan shall be reviewed by the neighborhood residents prior to construction. 9. Landscape plans and plantings for Pilot Knob Road and Avalon Avenue shall be installed with the 1st phase of development. 10. No roof or parking lot drainage shall be allowed into the Pilot Knob Road storm sewer system. 11. This development shall incorporate as much storm water detention as possible by methods approved by the Public Works Department. 12. A watermain of sufficient size to provide adequate fire flow, as determined by staff, shall be constructed between Corporate Center Drive and Avalon Avenue to an alignment as approved by staff. 13. Existing sanitary sewer services shall be utilized for this develop- ment. 14. Trapp Road shall be constructed 40 feet in width with 9 ton loading capacity. 15. Right-of-way for Trapp Road shall be a minimum of 66 feet, increasing where necessary to provide adequate channelization. 16. This development shall be responsible for the lateral benefit assess- ment from trunk sanitary sewer if further research indicates it has not been levied. 17. All costs associated with installation of public improvements for streets and utilities will be the sole responsibility of this development. 18. There will be no truck traffic on Avalon Avenue and only right turn in and out from the two accesses on Avalon Avenue to the subdivision. 19. There will be a minimum berm from the grade of Avalon Avenue along the north side of Avalon. 9 Council Minutes March 19, 1985 20. Provisions shall be included in the Lease for each of the buildings in the subdivision that there will be noise attenuation provisions, that there will be uniform truck delivery, that there will be control of signs and there will be controlled use on signs to avoid an adverse impact on the neighbor- hood, and further, there be no manufacturing within any of the buildings with- in the subdivision. 21. The planned development agreement shall be submitted to the City Council for final review and approval. All councilmembers voted affirmatively. Smith moved, Thomas seconded the motion to approve the application for preliminary plat approval, subject to the same conditions as outlined above for the rezoning. All members voted yes. Egan then moved, Wachter seconded the motion to approve the application for conditional use permit for the 5-story office building, subject to the following conditions: 1. All applicable City ordinances shall be adhered to. 2. All fire safety requirements specified by the City Fire Marshall shall be met. 3. The roof of the building shall have sound treatment adequate for the additional noise generated by airplane traffic. All members voted in favor. SEE PLAT FILE UNITED PARCEL SERVICE - PRELIMINARY PLAT The application of United Parcel Service for preliminary plat approval of U.P.S. 1st Addition consisting of 84 acres and containing a 324,000 square foot warehouse distribution building and conditional use permit for outside storage was next considered by the councilmembers. The Planning Commission held its public hearing on February 28, 1985 at which time it recommended approval subject to extensive conditions. Concerns of the Planning Commission according to Mr. Runkle, included assessments against the adjoining benefited property and additional traffic on Trunk Highway #149 and Trunk Highway #55. Mr. Runkle detailed the application and noted that an EAW had been submit- ted to the applicable state agencies and further, that the sanitary sewer issue is being reviewed. Paul Adamson, the regional real estate manager for U.P.S., and other U.P.S. representatives were present. Mr. Adamson stated that the cost of the road improvements and storm sewer are an issue and noted that traffic will mainly take place during non-peak hours. Construction will take about one and one-half years and it is expected that the project will be in operation in the Fall of 1986. The company expects to have approximately 200 tractor/trailers and 200 package delivery trucks from the building. The first phase will con- sist of 38 to 40 acres with the last phase of the building constituting an "H" 10 Council Minutes March 19, 1985 design construction. A retention pond on the north is being planned, consist- ing of 8 1/2 acres to replace the existing retention ponds on the site. Mr. Adamson also noted that a request for feasibility report for storm sewer and upgrading County Road 63-A has been submitted. MnDOT has required a passing lane on the west side of Highway #149. A detailed landscape plan has not been submitted but a tree buffer adja- cent to the residences along the southwest line will be installed. One owner along County Road 63-A, Paul Abbott, appeared and was concerned about the assessments for the street improvements and also storm sewer, together with the potential increase in traffic. Mr. Colbert explained the status of storm trunk improvements, the expected traffic flow, and indicated that there is no plan to construct a signalized intersection at the present time. The parking appears to be sufficient but more area for parking is available on the site. Wachter had concerns about an adequate landscape plan and landscape improve- ments on the site. Egan moved, Smith seconded the motion to approve the application for preliminary plat of U.P.S. 1st Addition on 84 acres and condi- tional use permit to allow outside storage of vehicles, subject to the follow- ing conditions: 1. All standard preliminary plat conditions and all applicable City ordi- nances shall be adhered to. 2. All parking shall be accommodated on site. 3. All truck and trailer parking shall be inside the fenced area and adequate landscape screening shall be provided, and berming adjacent to Loren Place shall be provided. 4. The loss of storm water detention volumes of Ponds GP-6 and GP-9 due to filling shall be provided for in Pond GP-5. 5. An overflow storm sewer shall be constructed for Pond GP-9. 6. Authorization from the Metropolitan Waste Control Commission allowing this development to discharge waste water into the County Road 63-A lift sta- tion shall be required prior to final plat. 7. County Road 63-A must be upgraded to City standards prior to final plat approval. 8. A 33 foot half public right-of-way shall be dedicated for County Road 63-A. 9. This development shall be responsible for trunk area storm sewer and lateral benefit from trunk watermain assessments at the rate in effect at the time of final platting. 10. This development shall be responsible for all costs for the installa- tion of all lateral street and utility improvements. 11. Lighting shall be specially designed to reduce the impact on neigh- bors. 11 Council Minutes March 19, 1985 12. There shall be a satisfactory review of the Environmental assessment worksheet by all necessary state agencies. 13. All other ordinances including park dedication shall be complied with. All members voted in favor. SEE PLAT FILE OVERHILL FARM 2ND ADDITION - PRELIMINARY PLAT The next application brought before the Council concerned the application of Paul Dehler, Overhill Properties, for preliminary plat approval of Overhill Farm 2nd Addition. The revised plat would consist of 40 single family lots with the existing preliminary plat providing for 37 single family lots on approximately 18 acres. The Advisory Planning Commission at its meeting on February 28, 1985 approved subject to conditions. After detail by Dale Runkle and noting there was no appearance on behalf of the applicants, or objections, Smith moved, Wachter seconded the motion to approve the application for pre- liminary plat approval, subject to the following: 1. All City ordinances and standard plat conditions shall be adhered to. 2. The final grading and erosion control plan shall be reviewed and approved by the Park Department prior to final plat approval. 3. A 40 foot half public right-of-way shall be dedicated for Dodd Road. 4. A 60 foot full public right-of-way shall be dedicated for internal streets. 5. All costs associated with installation of public streets and utilities shall be the sole responsibility of this development. All members voted yea. SEE PLAT FILE LEXINGTON STANDARD - CONDITIONAL USE PERMIT The application of Lexington Standard Corporation for conditional use permit to expand existing outside storage area at its location on Lots 4 and 5, Block 2, Eagandale Office Park No. 2, came before the Council. The staff has been working with Lexington Standard concerning the outside storage noting that it will cover approximately 1.5 acres and be surfaced with crushed gravel and contains aluminum light poles stacked in racks and bundles. There were no objections and the Advisory Planning Commission recommended approval. Wachter moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. A $2,500.00 landscape bond shall be posted and not released until one year after completion of construction of the attached landscape plan. 2. Storage shall not exceed 8 feet in height and all storage shall be inside the fenced area. All members voted yes. 12 Council Minutes March 19, 1985 SOUTH DELAWARE HILLS - CEDAR CLIFF COMMERCIAL PARK PLANNED DEVELOPMENT REVIEW The Advisory Planning Commission and City Council at its joint meeting on January 29, 1985 considered the annual review for the planned developments for South Delaware Hills and Cedar Cliff Commercial Park PDs. The Advisory Plan- ning Commission at its last regular meeting recommended extension of both planned developments for one year and after discussion, the following motions were made: South Delaware Hills - Smith moved, Thomas seconded the motion to approve the extension of the planned development for two years from January 1, 1985 through December 31, 1986. All members voted yes. Cedar Cliff Commercial Park Planned Development - Egan moved, Wachter seconded the motion to approve the extension of the planned development for one additional year. All members voted yea. LaFONDA RESTAURANT - MANAGER'S LIQUOR LICENSE Tom Hedges brought to the Council an application of Mike McDonald for a manager's liquor license for LaFonda Restaurant on Highway #13. A memorandum had been submitted after police investigation and the Police Department recom- mended that the application be denied for reasons stated in the memorandum. Mr. Hedges indicated that contacts had been made with Mr. McDonald as well as his attorney, and there was no appearance regarding the application. After discussion, Thomas moved, Egan seconded the motion to deny the manager's liquor license application of Michael McDonald based upon the recommendation of the Police Department, the fact that there was no appearance on behalf of the applicant after having been noticed of the meeting, that the City Council has a right to deny such applications under Minnesota Statutes 340.13, Subd. 14 in that the grant of the license would not be in the public interest, and further based upon the Eagan City Ordinance regarding liquor license applica- tion permits. All members voted in favor. LEXINGTON SQUARE - TEMPORARY ADVERTISING SIGN The application of Northland Mortgage Company for special permit to allow two temporary advertising signs for the Lexington Square development, each sign consisting of 24 square feet was brought to the Council. Mr. Carlson of Northland Mortgage was present for the applicant. There was no objection. Smith moved, Thomas seconded the motion to approve the application provided that the signs meet all setback and ordinance requirements. All members voted yes except Blomquist who voted no. 13 Council Minutes March 19, 1985 WESTBURY ADDITION - SETBACK VARIANCES The application of Gabbert Development for five setback variances in West- bury Addition was brought before the Council. Dale Runkle briefly reviewed the application and Dave Gabbert was present. It was noted that one of the conditions for approval of Westbury Addition was that there would be no vari- ances allowed unless for topographical reasons. Mr. Gabbert stated there had been an error in the plat regarding the corner lot on Lexington Avenue and noted that the other variance request were minor one to two foot variances. Councilman Smith suggested several alternates to provide for waiver of plat for the corner lot to avoid a 15 foot variance. Smith then moved, Thomas seconded the motion approve the waiver of plat to provide for 5 foot waiver for Lot 5, Block 5, and 10 foot variance for Lot 6 setback with the staff to determine whether the lot line easements should be shifted. Those in favor were Thomas and Smith; those against were Blomquist, Egan and Wachter. Egan then moved, Smith seconded the motion to approve the application for the 4 lot variances, other than Lot 6, Block 5. Those in favor were Smith, Thomas and Egan; those against were Wachter and Blomquist. WESCOTT HILLS FOURTH ADDITION - VARIANCES The application of Daryl Gonyea and John Houston for 30 foot setback vari- ance to allow zero lot line setbacks for townhouse development, Lots 1 through 8, Block 1 and Lots 1 through 2, Block 2, Wescott Hills Townhouse Addition, and for a five foot front setback variance for Lots 1 through 2, Block 1, Wescott Hills 4th Addition, next came to the council. Mr. Runkle detailed the application and indicated that there would be no increase in density and the attempt is to avoid platting. The site plan provided for quadraminium type buildings and duplexes to be constructed on the replatted lots. The only issue was that of existing lot lines that had been created with the replatting of Wescott Hills 4th Addition. There was no appearance on behalf of the applicants. Smith moved, Wachter seconded the motion to continue the applica- tion until the applicants appear later in the meeting. All voted yes. At a later stage in the meeting, Dennis Griswold and Daryl Gonyea were present and noted that the density is about 6 units per acre with single unit townhouses. Mr. Griswold requested a zero-lot line variance on every other lot line, and the proposal is to change quadraminium to row-house type de- velopment. A homeowner's association would be set up under the proposal. Thomas moved, Egan seconded the motion to approve the application for vari- ance, subject to the following: 1. A Homeowner's Association shall be organized and the governing docu- ments shall be submitted to the City staff for review and approval. 2. All other setback and lot coverage criteria for the R-2 and R-3 dis- trict and all other zoning ordinances shall be adhered to. 3. A detailed landscape plan shall be submitted and approved by the staff at the time of the first building permit. All members voted in favor. 14 Council Minutes March 19, 1985 CTC BUSINESS CAMPUS - BUILDING PERMIT REQUEST An application from Anderson Development, Inc. for building permit approv- al prior to the final plat approval for CTC Business Campus was next presented to the Council. The present City policy does not allow the issuance of a building permit prior to final plat approval without specific council action. Mr. Colbert explained that no firm commitment has been received from MnDOT, although District 9 has recommended approval of the turnback of property along the west line of I-35E right-of-way to allow the installation of a street in that corridor. If MnDOT does not turn back the land and make it available for the proposed street, CTC land would be available, but there would be no set- back provided. There was discussion concerning the City's policy and regard- ing grant of building permits and a suggestion that occupancy not be permitted until the final plat is completed and recorded. Mr. Anderson was present and agreed to pay for all costs of the road to be assessed against the proposed development. Mr. Colbert also stated that nego- tiations are taking place between Ron Cornwell and the City regarding the acquisition of the necessary right-of-way of the Cornwell property proposed to be purchased by the City with all costs of acquisition and improvements to be assessed against the CTC property. It was noted that a building permit is required in order to get the financing commitment and that CTC has now lost its lease and is required to move quickly toward the construction of the building. Wachter moved, Smith seconded the motion to approve the application, not- ing the severe time constraints, subject to the following conditions: 1. The City Building Inspector will have authority to stop construction of the building if the final plat is not completed and approved by the City on April 16, 1985, and in any event occupancy will not be granted until the final plat is approved by the City Council. 2. It is understood that an agreement will be entered into between the City and Ron Cornwell and Scott Anderson concerning the road right-of-way. All members voted in favor. TOWN CENTRE 100 ADDITION - BUILDING PERMIT REQUEST Application had been received from Federal Land Company for a building permit for Lot 1, Block 1, Town Centre 100 Addition, prior to final plat approval covering a proposed 10-story office building. It was noted the present policy does not allow the issuance of building permit prior to final plat approval. Mr. Colbert stated that the staff was unable to complete the preliminary work in providing for public improvements to the project, particu- larly, storm sewer. Martin Colon was present and the Councilmembers discussed with the staff the status of the storm sewer pond acquisition on the O'Neill property north of Yankee Doodle Road. There also were questions concerning the alignment of road access from the O°Neill property into the Town Centre 100 Addition parcel, and it was noted that the alignment could be directly across on Yankee Doodle Road. Mr. Colon stated that the developer should be able to meet the April 16, 1985 deadline for completion of the development agreements. 15 Council Minutes March 19, 1985 Thomas moved, Egan seconded the motion to approve the issuance of the building permit, noting that the developer is attempting to move ahead quickly in the construction of the 10-story office building, and further that the staff has not been able to accommodate the developer in the time frame that was anticipated. All members voted in favor except Wachter who voted no, because of his concern the access from the north side of Yankee Doodle Road. U.P.S. 1ST ADDITION - FEASIBILITY REPORT - PROJECT #442 The petition for feasibility report for Project #442, streets and trunk storm sewer for U.P.S. 1st Addition was submitted to the City and the staff recommended that the petition be received and that the Council authorize the City Consulting Engineer to prepare a feasibility report for Project #442. Egan moved, Thomas seconded the motion, and all voted in favor, to approve the recommendation. LEXINGTON WAY - SIGNAGE Several property owners on Lexington Way, the old portion of Lexington Avenue that has been revised due to the new alignment of Lexington Avenue, appeared and stated that due to the new alignment, trucks are using Lexington Way as a cut-off creating hazardous safety problems and excessive noise. Wachter moved, Blomquist seconded the motion to authorize "no truck signs" be installed on Lexington Way to attempt to alleviate the problem. All members voted yes. AMM BOARD A nominating committee was appointed to consider the office of president and vice president and 9 directors for the Association of Metropolitan Munici- palities. Mayor Blomquist's term on the Board is expiring at the end of the year, and she intends to be a candidate for vice president of the AMM. Thomas moved, Egan seconded the motion to direct the City Administrator to prepare a letter recommending Mayor Blomquist as a candidate and nomination for Vice President of the AMM Board of Directors. All members voted in favor. NATIONAL M.S. SOCIETY - CLASS B GAMBLING LICENSE An application has been received from the National M.S. Society, Minnesota Northstar Chapter through the Minnesota State Gambling Board for Class B gambling license to be located in the Valley Lounge on Highway #13. It was noted the request was for an on-going application for gambling license. Councilmembers questioned whether there is a 90 day moratorium in effect regarding applications through the State Board. After discussion, Thomas moved, Egan seconded the motion that the City Council recommend denial of the application based upon what the Councilmembers understood as the criteria for qualifications under the state law, and further, it is the understanding of the City that the application shall be submitted only through the municipality 16 Council Minutes March 19, 1985 until June 1, 1985, and further that the application was for an on-going license without any indication specifically as to the method of policing the applicant in the location proposed for the license. All members voted in favor. REFUSE DRIVE FUEL SITE It was noted that several sites are being considered for a refuse derived fuel site, including one near the Seneca Plant, along the Minnesota River in Eagan. It was understood that comments have been requested from interested persons by March 25, through the Dakota County Board according to Dale Runkle, the City Planner. Further investigation will be made concerning the potential site for the refuse plant. CEDAR CLIFF COMMERCIAL PARK 2ND ADDITION - FINAL PLAT An application had been received for final plat approval for Cedar Cliff Park 2nd Addition located in the northeast corner of Cliff Road and Scott Trail. All final plat information has been submitted and staff recommended approval. Egan moved, Wachter seconded the motion to approve the final plat, subject to compliance with all City requirements. All members voted yes. R 85-9 CEDAR SPACE CENTER ADDITION The City has received correspondence from the Department of the Army, St. Paul District Corps of Engineers regarding the proposed Cedar Space Center Addition preliminary plat being proposed by Peter Stalland. The Department of Natural Resources is requiring an individual 404 Permit, and certain objec- tions have been received from both Federal and State agencies. Further infor- mation was requested by the Council and a report by the Minnesota Pollution Control Agency regarding the proposed preliminary plat realizing the concerns that have been expressed by several State and Federal Agencies. COPPER AND SANDSTONE - WATER PROBLEMS Councilman Smith indicated that property owners in the neighborhood of Copper and Sandstone in the Cedar Grove area, have again requested that steps be taken to alleviate the serious street water problem in that area. Smith moved, Blomquist seconded the motion to request the staff to provide for a blacktop overlay on Copper and Sandstone and that the Consulting Engineer review the potential methods for avoiding the water problems in that location. All members voted in favor. 1985 SPECIAL CENSUS City Administrator Tom Hedges discussed with the Council information received from the United States Department of Commerce, Bureau of Census regarding the City's request for cost involved in a special census of the City during 1985. It was noted that the estimated cost is about $43,000.00 and 17 Council Minutes March 19, 1985 Councilmembers discussed the potential benefits, including Municipal State Aid increases that potentially would be derived from a more accurate census. After discussion, Smith moved, Thomas seconded the motion and it was resolved that the City Council authorize a special census through the U. S. Bureau of Census with the approximate cost of $43,150.00, noting that $15,000.00 was budgeted by the City Council; further, that the 1985 operating Budget will be amended to increase the appropriation in the Department of Administration by $28,150.00 and to decrease the appropriation contingency by the same amount. All members voted yes. CHECKLIST Egan moved, Wachter seconded the motion, and all voted in favor to approve the following checklist dated February 28 in the amount of $ 296 ',448-62 March 19 $246,787.55 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:15 p.m. \~~U"tL PHH Cit erk 18