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04/16/1985 - City Council Regular 2 \ !``f' wq MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 16, 1985 A regular meeting of the Eagan City Council was held on Tuesday, April 16, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea Blomquist and Councilmembers Smith, Egan, Wachter and Thomas. Also present were Consulting Engineers Bob Rosene, and Mark Hansen, City Administrator Hedges, Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Wachter moved, Thomas seconded the motion to approve the agenda as presented. All voted in favor. MINUTES Upon motion by Wachter, seconded Egan, it was resolved that the minutes of the April 2, 1985 regular meeting be approved with the exception on page 9 that the contract regarding S & W Industrial Acres, Contract #85-1 was awarded on April 2, 1985, subject to signing and submission of the completed development agreement. All members voted yes. PARK & RECREATION COMMITTEE City Administrator Tom Hedges and Park and Recreation Director Ken Vraa reported. Commercial and Industrial Park Policy. City Administrator Hedges stated that a special City Council meeting had been held on April 9, 1985 and representatives of Northwestern Mutual Life Insurance Company and Opus Corporation, a Joint Venture, owners of the Eagandale Industrial Park appeared to review current park land dedication policy for commercial and industrial zoned areas. The representatives questioned the park land dedication for platted property or property that will be replatted in the Eagandale Industrial Park at some time in the near future. Objections have been raised by the developers of those subdivisions in the past and representatives again appeared at the Council meeting, including Tom Davis, Bob Worthington and attorney Bob Silverman. A proposed amendment to the industrial and commercial park land dedication policy was submitted by City Attorney Paul Hauge and also proposed alternates for a motion to be adopted by the City Council. Park Director Ken Vraa submitted a review of existing platted and undeveloped property, both within Eagandale Industrial Park and other parts of the City, including projected revenue, based upon the current industrial and commercial park dedication policy of $.04 per square foot. 1 Council Minutes April 16, 1985 Noting that there were strong objections on behalf of the developers of the subdivision relating to existing platted land, Thomas moved, Smith seconded the motion to adopt alternate No. 1 requiring developers of lots designated for industrial and commercial use that were platted before January 1, 1983 to contribute one-half of the land or cash requirement at the time of site plan or building permit approval. All members voted yes except Wachter who voted no. Thomas then moved, Egan seconded the motion to amend the park dedication policy for industrial and commercial areas covering existing platted property prior to January 1, 1983 pursuant to Resolution, a copy of which is attached and.made a part of these minutes. All councilmembers voted yes, except Wachter who voted against. PARK SHELTER - ARCHITECTURAL SERVICES The Advisory Parks and Recreation Committee has reviewed proposed architectural service proposals for park shelter buildings and a staff report was submitted requesting authorization to proceed with the selection of an architect to prepare conceptual and preliminary designs. After preliminary design work is completed, the Commission would then recommend to proceed with the use of an architect for construction document preparation or with package building systems. After discussion, Wachter moved, Smith seconded the motion to approve the APRC request to select an architect for the design and development of park shelter buildings for the Parks Development Program. All members voted yes. LAWCON GRANT - FY 1986 At a special joint meeting of the City Council and Parks & Recreation Commission on February 12, 1985, a presentation was made relative to the acquisition of additional property around Blackhawk Lake as a possible Lawcon Grant application. The Parks & Rec. Director had met with Leo Murphy concerning road access from the south and a report from Mr. Vraa was presented to the Council. Thomas moved, Wachter seconded the motion to authorize the staff to proceed with grant application for acquisition of property around Blackhawk Lake in fiscal year 1986 and to prepare a Resolution reflecting the Council's intent for a south road access through future plat requirements. All members voted in favor. BURNSVILLE-EAGAN CABLE COMMISSION UPDATE Mr. Hedges introduced Mike Cusick, the Commission's intern, who made a very brief introduction to the council members. CONSENT AGENDA The following consent agenda items were submitted to the Council and recommended for approval by the City staff: 2 Council Minutes April 16, 1985 1. Personnel Items: a. Lorna Olson - Resignation. Lorna Olson, the Sewer and Water Utility Billing Clerk, is retiring effective June 1, 1985 and it was recommended that the Council accept her resignation and provide direction for the advertisement for replacement of the Utility Billing Clerk. b. Utility Maintenance Worker. It was recommended that the Council appoint Wayne St. Martin to the position of utility maintenance worker to fill the vacancy created, by Paul Heuer, who was recently promoted to the Utility Maintenance Supervisor/Water Plant Operator. c. Park Maintenance Employee. The staff recommended the approval of the appointment of Douglas E. Berens as a Park maintenance worker to begin his employment with the City to fill the vacancy created by the transfer of Greg Ebel to the Street Department. d. Part-Time Police Dispatcher. It was recommended that Dawn Roberge be appointed as part-time dispatcher in the Police Department. 2. Contractor's Licenses. A schedule of plumbing, heating & ventilating, homeowner and general contractor licenses was submitted and staff recommended approval. 3. St. John Neumann Church - Consumption & Display License. Application was received from St. John Neumann Church for a one-day consumption and display license for May 19, 1985. 4. Northview Athletic Field Lighting - Project #84-23. Change Order No. 1 for the Northview Athletic Field Lighting Project #84-23 was submitted and it was recommended that the change order with an addition of $400.00 be approved. 5. Sigmunds Restaurant - Off-Sale Beer License. The application of Paul Matousek for on-sale beer license in Sigmunds Restaurant located at 1989 Silver Bell Center was recommended to be approved. 6. Sun Cliff 4th and 5th Additions - Contract #85-4. The plans and specifications for Sun cliff 4th and 5th Additions under Contract #85-4 were submitted contingent upon the Council ordering in Project #436 and further to authorize the advertisement for bid opening to be held at 10:30 a.m. on Friday, May 7, 1985 at the Eagan Municipal Center. 7. Used Squad Car Bids. Bids have been received for the sale of two used squad cars No. 7 and No. 10 and it was recommended that No. 7 be sold to the low bidder, Viking Auto Salvage, for $1,559.00 and No. 10 to the low bidder, Metro Auto Salvage, for $1,608.00. 8. Group W Addition - Final Plat Approval. An application was submitted for final plat approval for Group W Addition located on Old Sibley Highway and it was recommended that the final plat application be approved and that the Mayor and City Clerk be authorized to execute all related documents subject to compliance with all City requirements. R 85-16 3 Council Minutes April 16, 1985 9. Westbury 4th Addition - Final Plat Approval. The application of Lexington South, Inc. for final plat approval of Westbury 4th Addition was submitted to the Council and recommended for approval, subject to compliance with all City requirements, including park dedication. R 85-17 10. Eagandale Office Park - Easement Vacations. A Petition has been received for the vacation of utility and drainage easements over Lots 1, 2, and 3, of Block 4, Eagandale Office Park Addition. It was recommended that the Petition be received and that the Council order a public hearing to be scheduled at the City-Municipal Center on May 21, 1985 beginning at 7:00 p.m. li. Water Treatment Plant - Change Order #10. It was recommended that five revisions under Change Order #10 to Contract #83-01 for the water treatment plant be approved with an increase of $9,418.00. 12. Brittany 8th Addition - Project #440. It was recommended that the feasibility report be received for Brittany 8th Addition, street and utility improvements, and that the Council schedule a public hearing to be held at 7:00 p.m. at the City Municipal Center on May 21, 1985. 13. Safari 2nd Addition - Project #439. The next feasibility report submitted to the Council for its receipt covered Project #439 regarding street and utility improvements in Safari 2nd Addition and it was recommended by the staff that the Council schedule a hearing to be held on May 21, 1985 at the City Municipal Center at 7:00 p.m. 14. U.P.S. Addition - Project #442. The feasibility report for Project #442 covering the UPS Addition, streets and utility improvements has been completed by the Consulting Engineer and it was recommended that the Council receive the report and schedule the hearing according to statute for May 21, 1985 at 7:00 p.m. at the Municipal Center. 15. Oak Cliff 2nd Addition - Final Plat. The final plat application of Winkler Development Co. was submitted and it was recommended that the plat for Oak Cliff 2nd Addition be approved, subject to compliance with all City requirements. Egan moved, Wachter seconded the motion to approve all the foregoing recommendations for approval of the consent agenda items and order their implementation as appropriate. All members voted in favor. R 85-18 LeMAY LAKE ADDITION - VACATION HEARING Mayor Bea Blomquist convened the public hearing regarding the vacation of street and utility easements for LeMay Lake Addition. It was noted that the hearings had been continued from the April 2, 1985 meeting to comply with notice requirements. Rich Hefti explained the two easements that were proposed to be vacated at the request of the developer and there were no objections to the applications. Smith moved, Thomas seconded the motion to close the public hearings and to approve the vacation of the street and utility easements according to the descriptions submitted. All members voted in favor. 4 Council Minutes April 16, 1985 WILLIAMS & LaRUE ADDITION - PROJECT #422R The next hearing convened by Mayor Blomquist concerned the proposed sanitary sewer improvements for the Williams & LaRue Addition under Project #422R. The Council had authorized the preparation of a revised feasibility report and Consulting Engineer Bob Rosene introduced the project. He detailed the proposed location of the sanitary sewer line along the rear or easterly lot lines of the Williams & LaRue Addition lots, running northerly. A number of neighboring property owners were present, including Jim Williams who was concerned about trees. at the rear of the lots and preferred avoiding an easement in that location. He also suggested attempting to serve the property on the west side of Lexington Avenue and was still opposed to the current proposal. Dale LaRue, the owner of Lots 3 and 4 also objected to the proposal. Mr. Rosene stated that it was unlikely that the land on the west side of Lexington Avenue would be benefited by the utilities because he expected that lots would not front on Lexington Avenue in that location. In addition, it would not be logical to tear up Lexington Avenue at the present time to install the sanitary sewer line. Tom Westbrook, another neighboring property owner to the north, objected to the additional assessments. It was noted that all affected property owners objected to the proposal. Smith moved, Wachter seconded the motion to close the hearing and to deny the installation of the project, based upon the unanimous opposition to the proposal. All members voted in favor. TOWN CENTRE 70 & 100 - STREETS & UTILITIES - PROJECT #429 The hearing regarding street and utility improvements for Project #429 consisting of Town Centre 70 and 100 was next brought before the Council. Mr. Rosene detailed the project and stated that proposed assessments will cover the cost except for some trunk expenses. There was discussion relating to the status of the acquisition of pond easements on the O'Neill property, north of Lexington Avenue and it was noted that no further progress has been made. Charles Bartholdi, attorney for Federal Land Company, and Martin Colon, were present. Mr. Bartholdi objected to the proposed letter of credit covering the improvements on Denmark Avenue which would reduce the letter of credit from $1,032,000.00 to $951,300.00. He also objected to the 30% overhead cost imposed by the City for miscellaneous charges, including engineering, legal, administration and miscellaneous costs. He recommended that hourly rates be utilized for legal and administration. The engineering percentage is based on a declining scale and a reduction would be possible in that instance. Councilman Smith indicated that administrative fees and legal rate are based upon an average annual charge for all projects. There also was a question whether 52 foot approved street for Denmark was required and the engineer recommended the full 52 feet which would include partial MSA funding. After extended discussion, Wachter moved, Smith seconded the motion to close the hearing, to approve the project and to authorize the preparation of plans and specifications for Project #429, subject however, to the acquisition of all necessary easements, including storm sewer easements and ponding easements for the project. All members voted yes. 5 Council Minutes April 16, 1985 V..rl ..i A.- (~L TOWN CENTRE 100 - FINAL PLAT APPROVAL The application of Federal Land Company for approval of Town Centre 100 final plat application was next brought before the Council. Councilman Smith moved, Councilman Egan seconded the motion to approve the application for final plat approval, contingent upon the receipt of the full amount of financial guaranty and to authorize the Mayor and City Clerk to execute all related documents. All members voted yes. R 85-19 TOWN CENTRE 70 & 100 - PLANS AND SPECIFICATIONS CONTRACT #85-8 - PROJECT #429 The detailed plans and specifications for Contract #85-8, Project #429, street and utility improvements for Town Centre 70 and 100 were submitted and recommended for approval. Wachter moved, Egan seconded the motion to approve the plans and specifications and authorize the advertisement of bids for an opening to be held on Thursday, May 16, 1985 at 10:30 a.m. at the City Municipal Center. All councilmembers voted affirmatively. ROYAL OAKS ADDITION - PROJECT #432 Mayor Blomquist convened the public hearing regarding street and utility improvements for Royal Oaks Addition under Project #432. Acting City Engineer Rich Hefti and Bob Rosene detailed the project for the Council. The proposal is to include sanitary sewer, water main, services and storm sewer and street improvements for the proposed Royal Oaks Addition west of Federal Drive and south of Surrey Heights Addition. Harry Lemieux, the owner of Parcel 010-05 appeared and objected to the proposed assessments against his property. He stated that he would have no benefit at the present time and requested a deferral of any proposed assessments. It was recommended that he appear before the Assessment Committee for deferment of assessments. There were no other objections to the project and a representative of Royal Oaks was present in favor of the proposal. It was also noted that a proposed easement would be required across the Lemieux property or the property to the east. Thomas moved, Egan seconded the motion to close the hearing and to order in the project and authorize the preparation of plans and specifications. All members voted in favor. TECHNOLOGY DRIVE - PROJECT #434 A public hearing regarding the street and utility improvements for Technology Drive under Project #434 was next convened by the Mayor. The developers of CTC Business Campus Addition had submitted a petition and the Council authorized the preparation of a feasibility report. Mr. Rosene explained the proposal and several neighboring property owners were present at the hearing. The proposal is to improve Duckwood Drive near Pilot Knob Road and Technology Drive to install trunk water main within Duckwood Drive and construct storm sewer necessary within the street improvements. Allowance is being made for a traffic signal at Pilot Knob Road and the one neighboring 6 Council Minutes April 16, 1985 1property owner had questions about assessments against the parcel lying on the north side of Duckwood Drive, westerly of Pilot Knob Road. There were no objections to the project and after discussion, Egan moved, Thomas seconded the motion to close the hearing, to order in the project and authorize the preparation of plans and specifications. All councilmembers voted in favor. CTC BUSINESS CAMPUS - FINAL PLAT APPROVAL The application of Anderson Development Company for approval of the final plat of the CTC Business Campus located south of Duckwood Drive between Pilot Knob Road and I-35E was next heard by the Council. Conditions regarding the plat had been completed, generally, with the exception of a financial guaranty. Rich Hefti and Paul Hauge discussed with the Council the status of the acquisition of right-of-way from Pilot Knob Developers for the proposed Technology Drive and also the acquisition of right-of-way from the Minnesota Department of Transportation. Neither parcel has been acquired or closed at the present time and negotiations are continuing but agreements have been entered into with Pilot Knob Developers and a letter has been received from MnDOT generally approving the acquisition of the surplus right-of-way along the east side of I-35E. Smith moved, Wachter seconded the motion to approve the final plat of CTC Business Campus contingent upon receipt of a fully executed agreement for Technology Drive construction, Pilot Knob Developers slope easement, Pilot Knob Developers street and utility easement, all necessary MnDOT reconveyance agreements, required financial guaranty and further to authorize the Mayor and City Clerk to execute all related documents. All councilmembers voted in favor. R 85-20 SUN CLIFF 4th AND 5th ADDITIONS - PROJECT #436 Mayor Blomquist then convened the public hearing regarding the proposed street and utility improvements for Sun Cliff 4th and 5th Additions designated Project #436. Sun Cliff 5th Addition is proposed to be replatted to twin home lots as a part of the original Sun Cliff Addition. A representative of Sun Cliff Addition was present and there were no objections. After review by Bob Rosene, Smith moved, Thomas seconded the motion to close the hearing, to order in the project and authorize the preparation of plans and specifications. All councilmembers voted affirmatively. TODD JEPPESEN - EASEMENT VACATION - PILOT KNOB ROAD A hearing regarding the vacation of a highway easement on the Todd Jeppesen property at 4955 Pilot Knob Road was then convened. Mr. Jeppesen was present and there were no objectors. Rich Hefti explained the proposed vacation, noting an error had been made in the easement description originally. Smith moved, Thomas seconded the motion to close the public hearing, to authorize the vacation and the execution of the necessary documents. All members voted yea. 7 Council Minutes April 16, 1985 SPLASHLAND WATER PARK - PRELIMINARY PLAT & REZONING The application of Splashland Water Parks, Inc. for preliminary plat approval of Splashland Water Park consisting of approximately 33 acres and containing one lot and for rezoning from General Business, Agricultural and Planned Development to one Planned Development, was then brought before the Council. The Advisory Planning Commission at its regular meeting on March 26, 1985 recommended approval, subject to numerous conditions. Mr. Hedges indicated that the staff discovered, after sending notices out, that there was an incorrect description, indicating the Section No. 19 instead of 29 prior to the Planning Commission hearing. Staff did renotice for the agenda, it published in the newspaper and also sent notices to the affected property owners within 350 feet. In addition, the staff has renoticed the application for a public hearing before the City Council. Mr. Runkle reviewed the application with the Council and noted that the proposal is for a water recreational park in the development. The parking lot is proposed to contain approximately 750 spaces to a maximum of 925 and provide 16 bus spaces. The project would include a number of slides and pools in the first phase of the development, along with major concession buildings, parking lot and general concession areas. The second phase would include the wave pool and a number of other slides and water activities with a total value of the facility of about $10,000,000.00 excluding land costs. The applicants intend to provide for a 102 day season with a few days being weekends in the spring and fall and hours between 9:00 a.m. and early evening. There was discussion concerning existing zoning and also the buffer around the park with the Junior High School located to the south. No objection was received from the Burnsville School District. A feasibility analysis also was included in the packet information. A number of representatives from the developer were present and Tom Webster, the principal, reviewed the proposal in some detail. He noted there would be one fee for the entire day for all facilities and potentially a restaurant will be located at a site on Diffley Road. After discussion, Thomas moved, Smith seconded the motion to approve the application for rezoning from General Business, Agricultural and Planned Development to one Planned Development District, with the understanding that a Planned Development Agreement will be entered into using exhibits presented at the City Council meeting as the principal land use exhibits for the Planned Development. All members voted in favor. Egan then moved, Wachter seconded the motion to approve the application for preliminary plat of Splashland Water Park, subject to the following conditions: 1. The Advisory Planning Commission shall review the past history of this facility and review the proposed expansion to determine if adequate parking has been set aside for the first phase of development, and approval is subject to a determination that there is adequate parking. 2. The term of the Planned Development shall be five years from the date of approval by the City unless proper extensions have been requested and approved by the City. 8 Council Minutes April 16, 1985 3. The Standard City Conditions of the Preliminary Plat shall pertain to this development. 4. This development shall be reviewed by the Park Commission and approval is subject to its recommendations. 5. This development shall obtain a permit and/or written response from the Minnesota Department of Transportation regarding working within and discharging storm water upon MnDOT right-of-way. 6. The 12 inch watermain loop shall be completed and a 6 inch watermain stubbed out to the north property line at a location designated by staff. 7. A pressure reducing station shall be constructed along old Highway #13 as depicted on the Mater Water Distribution Plan. 8. This development shall be responsible for upgrading the remainder of old Sibley Highway from where Group W terminated construction to the northeast corner of the Group W property, and also for the bituminous resurfacing of Old Sibley Highway past the natural gas company's driveway. 9. If required by the County, turning lanes shall be provided for Diffley Road at the expense of this development. 10. A 20 foot utility easement shall be provided over the 12 inch and 6 inch watermain. 11. A 60 foot half right-of-way for County Road #30 shall be dedicated and a 33 foot half right-of-way shall be dedicated for Old Sibley Highway. 12. This development shall be responsible for trunk storm sewer assessments over Parcel 011-54 and 011-57 at the rates in effect at the time of final platting and any upgrading of assessments resulting from upgrading and zoning. 13. There shall be no alcoholic beverages served on the premises. 14. The water park shall not be open later than 10:00 p.m. All voted yea. SEE PLAT FILE BLACKHAWK GLEN - PRELIMINARY PLAT & REZONING The application of Sienna Corporation for preliminary plat approval of Blackhawk Glenn consisting of 116 single family lots on approximately 62 acres and rezoning from A-Agricultural to R-1 Planned Development District, to allow single family lots deviating from the R-1 zoning standards, was presented to the Council. Dale Runkle explained the proposal and indicated that property abutting Blackhawk Hills Addition on the south would consist of R-1 zoning classification and all lots would conform with the minimum requirements. An attempt is being made to buffer the Blackhawk Hills Addition with 1 1/2 to 1 acre parcel lots where a higher intensity will be provided in the northeastern portion of the property. 9 Council Minutes April 16, 1985 Jim Hill, Planner, John Hankinson and Peter Pflaum appeared for the applicant. Mr. Hill showed an alternate 85 foot lot layout and it was noted the plan is that the units will be built by Lundgren Brothers on the smaller lots. The purpose, according to Mr. Hill, is to provide a transition from the multiple on the north and east to the R-1 and the estate use in the Blackhawk Hills area. Product design and product control are the intentions. Peter Pflaum had a slide presentation showing the types of homes being constructed by Lundgren Brothers in other communities. There were also neighboring property owners present, one of whom had no objections to the proposal but strongly recommended quality control. There were no formal objections by the two or three neighboring property owners present. The small lots will provide 75 foot frontage and 10,000 square foot minimum area. The average lot width will be 93 feet at the setback and average lot size 20,000 square feet, according to Mr. Hill. Councilmembers suggested Estate zoning be imposed on the larger lots and Councilman Wachter suggested the land to the north be designated as the transitional parcel. Ill lots are being proposed as opposed to 119 lots if the lots conformed with the 85 foot minimum requirements. There was discussion by Councilmembers concerning the problem of enforcing quality control and it was determined it would not be imposed by the City. Smith moved, Blomquist seconded the motion to approve the application for rezoning, subject to the preparation of a planned development agreement specifically approving the plan dated March 6, 1985 allowing Ill single family lots, and further with the understanding that the estate zoning be recommended and that quality control be imposed if the staff is able to prepare an acceptable recommendation. All members voted in favor except Wachter who voted no. Egan then moved, Thomas seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. The City should attempt to work with Blue Cross/Blue Shield in order to extend Birch Pond Road through to Blue Cross Drive. 2. The land swap on the north would have to take place for this development. 3. The plat shall be subject to the Standard Plat Conditions. 4. The City will require a petition for proposed Ashbury Road, sanitary sewer lift station and force main, storm sewer outlet for Pond C.P. 11 and the necessary 18 inch trunk watermain to be constructed in Ashbury Road as noted in this report. 5. The City will require a trail constructed along the north side of Blackhawk Hills Road. 6. The City will require that street right-of-way over 60 feet in width on the north side of Blackhawk Hills Road abutting proposed Lots 46, 47, 48 and 49 of Block 4 be vacated. All voted in favor except Wachter who voted no. SEEPLAT FILE 10 Council Minutes April 16, 1985 MWCC - CONDITIONAL USE PERMIT A public hearing was held before the Advisory Planning Commission at its regular meeting on March 26, 1985 to consider an application for a conditional use permit to allow a temporary office trailer at Seneca Waste Water Treatment Plant. The APC recommended approval, subject to certain conditions. Dale Runkle briefly explained the proposal and there being no objection, Thomas moved, Egan seconded the motion to approve the application, subject to the following: 1. The trailer shall meet all state building codes and a City building permit shall be obtained. 2. The office trailer is temporary and shall be removed within two years of the date of approval. All members voted yes. UNION 76 GAS STATION - CONDITIONAL USE PERMIT An application of Landis Iverson for conditional use permit to allow a convenience store in an existing Union 76 gas station on Nicols Road, came before the Council. The APC at its meeting at March 26, 1985 recommended approval and it was noted that since the Planning Commission meeting, the City received a request from the applicant to continue the application indefinitely. The reason for the continuance is due to a study that will be performed on the service station this summer by the Environmental Protection Agency being performed on a random sampling of service stations. Egan moved, Thomas seconded the motion to continue the application, based upon the request of the applicant. All members voted yea. SUMMERFIELD ADDITION - PRELIMINARY PLAT The application of Tri-Land Properties for preliminary plat approval of Summerfield Addition containing approximately 11 acres with 38 single family zero lot line homes was next heard. The Planning Commission recommended approval subject to a number of conditions. Dale Runkle detailed the application and Jim Curry appeared as one joint venturer with Tri-Land Company. Also, Brad Swenson and Laura Marks were present. Oakwood 3rd Addition, which was the prior proposed subdivision, was not commenced and Mr. Curry noted that there were buffers on three sides of the 11 acre parcel. It offers an alternative type of housing and according to Laura Marks, there will be underground sprinkling system and also a homeowner's association. There was discussion about the zero lot line concept and it was noted the narrowest lot will have a 65 foot frontage. Smith then moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The homeowner's documents shall provide easements to allow maintenance for that the side of the residence along the lot line. 11 Council Minutes April 16, 1985r.~ 2. Thirty seven (37) single family lots will be allowed in the development. 3. The amenity package as proposed shall be a requirement in this development proposal. 4. The standard preliminary plat conditions shall be applied to this development proposal. 5. A ponding easement shall be provided for that portion of Pond L.P. 32 within this plat. 6. An 8 foot blacktop trail shall be installed at the developer's expense along Dodd Road from Summerfield Lane to the park and Wilderness Run Road in accordance with City standards. 7. The City will require utility and drainage easements 10 feet in width adjoining side lot lines, adjoining zero lot lines. 8. All association governing documents will be submitted to the City for review. 9. The water main should not connect with Dodd Road. 10. An amendment to the Planned Development Agreement shall be executed. All councilmembers voted affirmatively. SEE PLAT FILE SUN CLIFF 5TH ADDITION - PRELIMINARY PLAT The application of Advance Developers for preliminary plat approval of Sun Cliff 5th Addition consisting of 8.8 acres containing 39 single family lots was next considered by the City Councilmembers. The Advisory Planning Commission recommended approval of the project subject to conditions. Dale Runkle noted that the proposal includes a reduction in duplex units to single family residential units, reducing the number from 62 duplex units to 39 single family lots. The plat will conform with the area to the west and there was discussion concerning the request for the variance covering Lot 6, Block 1, setback to provide for a 20 foot side yard setback. Pat Hoffman was present for the applicant and there were no objections. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. A detailed landscape plan shall be submitted and approved by the staff, including berming and buffering of Lot 6, Block 1, which plan shall be resubmitted for Council review and approval at the time of the final plat approval. 2. The standard plat conditions shall apply. 3. The standard R-I setbacks shall apply except for a 20 foot side yard street setback shall be allowed on Lots 1 and 18, BLock 2, and Lots 1 and 15, Block 3. 12 Council Minutes April 16, 1985 4. The setback along Blackhawk Road shall be at least 50 feet except for Lot 6, Block 1, which shall be at least 30 feet. 5. The developer shall provide a berm suitable to staff. Suitable landscaping shall be installed by the developer to buffer Lots 1 through 7, Block 2, and Lot 6, Block 1, from Blackhawk Road. 6. A ponding easement shall be provided for Pond AP-7. All voted in favor. SEE PLAT FILE ALL AMERICAN SELF-STORAGE - CONDITIONAL USE PERMIT The application of Dick Curry for conditional use permit to allow two rental storage warehouse buildings including caretakers residence for the rental storage units on a 2.8 acre parcel on the northwest side of Highway #13, south of Shawnee Road next came before the Council. Dale Runkle explained the application and noted that the property is zoned Limited Industrial and that a conditional use permit is required for the caretaker's residence on the site. Mr. Curry was present and explained the proposed project, which is intended to include colonial architecture. There were no objections to the application. The Planning Commission recommended approval subject to conditions. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. A residence for the on-site caretaker shall be allowed. 2. The 19 parking spaces shown along the southeast corner of the site shall be deleted. 3. No outside storage of vehicles or equipment shall be allowed. 4. The perimeter of the site shall be enclosed with a security fence and suitable landscaping shall be provided. 5. Lighting shall be installed so as not to interfere with drivers' vision along Highway #13. 6. A driveway to provide proper channelization shall be constructed generally within the existing road service easement across the LaFonda property which it is understood is currently of record over the plat. All members voted yes. 13 Council Minutes April 16, 1985 RIDGECLIFFE 1ST ADDITION - VARIANCE The application of Orrin Thompson Homes for a 5 foot variance from the 30 foot front setback requirement on Lots 3 and 4, Block 10, Ridgecliffe 1st Addition, came before the Council. The proposal was to construct two single family homes to be located 25 feet from the street right-of-way instead of the standard 30 foot distance. The reasoning is the desire to provide a small level area adjacent to the rear of the homes, noting there is a very steep grade near the rear portion of the two single family lots. Councilmembers had questions of Dale Runkle and Jim Nervig appeared for the applicant. Thomas moved, Wachter seconded the motion to approve the application, subject to compliance with all other City Code requirements. All voted yes. KEYLAND HOMES - VARIANCE The application of Keyland Homes for a one-foot variance from the ten-foot sideyard setback requirement for Lot 2, Block 2, Sun Cliff 2nd Addition, came next before the Council. Mr. Hedges explained that the City Council, at its meeting on April 2, 1985, denied the application at which time there were no representatives from the applicant present. Gary Horkey of Keyland Homes was present and requested the Council reconsider the motion denying the application. Egan moved, Thomas seconded the motion to reconsider the application. All members voted in favor. After discussion, and there being no objection, Thomas moved, Smith seconded the motion to approve the application for variance, based upon the additional information submitted by the applicant in Mr. Horkey's letter to the Council, noting that there had been an inadvertent error in the location of the foundation, that the error was only 9 inches and further, that the builder was present at the meeting and discussed the application with the Councilmembers. All members voted affirmatively. SLATERS ACRES - CONTRACT #85-3 The improvement for streets and utilities under Contract #85-3 consisting of the Slaters Acres project next came to the Council. The successful low bidder of seven bidders was L & G Rehbein which submitted a base bid of $205,019.40. Rich Hefti and Paul Hauge discussed with the Council the status of the easements, noting that of the 5 easements required for the project, 3 have been acquired and that of Mr. and Mrs. Roth and Mr. Lee Bolstrom had not been acquired at the time of the meeting. Councilmember Smith suggested that all parties required to dedicate easements be paid on an equal basis. Egan moved, Smith seconded the motion to award Contract #85-3 to L & G Rehbein in the sum of $205,019.40, subject however, to the acquisition of all necessary easements, with the understanding that the staff will determine what price is required to be paid to those persons who have not signed easements, and that all affected property owners required to dedicate easements will be paid on a proportionate basis. All members voted yes. 14 Council Minutes April 16, 1985 GOLDEN MEADOW ROAD - CONTRACT #85-6 Bids were received for Contract #85-6 consisting of the Golden Meadow Road project on Friday, April 12, 1985. The low bidder of the 15 bidders was Ceca Utilities with a base bid of $117,431.05. Staff recommended approval of the award of the contract to Ceca Utilities and upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved and the contract be awarded. All members voted yes. CTC BUSINESS CAMPUS Scott Anderson of Anderson Development, Inc. appeared and requested reduction in the letter of credit submitted by the staff regarding the Technology Drive street and utility improvements. He stated that the street will benefit property other than that developed for the CTC development, and also suggested that a first lien be granted by the owners to the City subordinating any other liens to that of the City. Councilmembers indicated that they would not change their policy and reduce the letter of credit, but that the Council may consider a reduction, depending on the status of the development at a later time, if the staff recommends a reduction. CONNIE JAEGER - POLICE DISPATCHER The resignation of Connie Jaeger as a part-time Police Dispatcher was received effective July 1, 1985. Thomas moved, Wachter seconded the motion to accept the resignation and to authorize the Police Department to utilize existing job applications for her replacement. All members voted in favor. CITY RECYCLING PROGRAM Tom Hedges and Mayor Blomquist discussed with the Councilmembers proposals for implementing a recycling program for residents of the City and several alternates were reviewed. Blomquist moved, Wachter seconded the motion to direct the staff to investigate alternatives for a recycling program in the City. All members voted yes. FINANCE DEPARTMENT - REORGANIZATION Noting the resignation of Lorna Olson as utility billing clerk, the Finance Director, Gene VanOverbeke, suggested that the Council authorize a reorganization of the Finance Department to provide for classification of utility billing clerk to the account clerk level, eliminating one-half clerk- typist and temporary assessment aid and add a new staff account position. Mr. VanOverbeke's memorandum was reviewed and upon motion by Smith, seconded Wachter, it was resolved that the recommendation be approved and authorize the staff to implement the change. All members voted in favor. 15 Council Minutes April 16, 1985 ' g '?yy HISTORY BOOK - REQUEST FOR PROPOSALS The request for proposals for the publication of the Eagan History Book was submitted to -the City Council for direction. Thomas moved, Wachter seconded the motion to direct the staff to proceed with the request and to adopt the RFP. All members voted yea. BICYCLE SAFETY GRANT Tom Hedges indicated that $4,100.00 had been received by the City of Eagan from the Metropolitan Council based upon its application for a Bicycle Safety Grant. LaFONDA'S LIQUOR LICENSE A letter from the City Attorney's office regarding procedure to revoke the on-sale liquor license of LaFonda Restaurant due to the fact that it does not have in effect a current manager's license, was discussed by the Council. The recommendation was that a hearing be held before the City Council at its regular meeting on May 7, 1985 and upon motion by Smith, seconded Thomas, it was resolved that a notification be sent to the LaFonda's licensee and that a hearing be scheduled at 7:00 p.m. on May 7, 1985 at the Eagan Municipal Center. All members voted in favor. PILOT POINTE ADDITION A letter from Don Klober, one of the partner-owners of the proposed Pilot Pointe Addition, east of Birch Park Addition on Pilot Knob Road was discussed by the Councilmembers. A request was made that the connection street through Birch Park to the east be reincluded in the Birch Park Addition plat because of lack of access from the proposed Pilot Pointe Addition. Noting that Sienna Corporation has now abandoned its proposed development of Pilot Pointe Addition, Thomas moved, Smith seconded the motion to direct the staff to review the request and make a recommendation to the City Council regarding the street connection through Birch Park Addition from the east. All members voted yes. TECHNOLOGY DRIVE - MnDOT RESOLUTION A request from the Minnesota Department of Transportation for a Resolution by the Eagan City Council accepting the street plan for Technology Drive and assuring that MnDOT will be reimbursed by the City at the fair market value to be determined by MnDOT for the Technology Drive right-of-way was presented to the Council by Rich Hefti. Egan moved, Wachter seconded the motion to approve the Resolution accepting the street plan and guaranteeing the payment of the right-of-way based upon the fair market value that MnDOT paid, but not to exceed the amount paid by MnDOT for the 1.93 acres. All members voted in favor. 16 Council Minutes April 16, 1985 CTC BUSINESS CAMPUS - HIGHWAY EASEMENT ACQUISITION A draft Agreement between Pilot Knob Developers and Ronald Cornwell and the City of Eagan for the purchase by the City of 14,913 square feet of land owned by Pilot Knob Developers for the proposed Technology Drive was presented to the Council. The agreement would provide for Anderson Developers and CTC Business Campus project absorbing the cost of the acquisition through the method of special assessments. Thomas moved, Wachter seconded the motion to authorize the purchase of the easement for Technology Drive across property owned by Pilot Knob Developers providing that only land with the CTC Business Campus plat will be assessed for the Technology Drive utility and street improvements, and authorize the Mayor and City Clerk to execute all of the necessary documents. All councilmembers voted yes. HOLLAND LAKE - AREA STORM SEWER - PROJECT #444 The Public Works Department was asked to review the proposed storm sewer project for Holland Lake area and determine whether it was in the best interest of the City to proceed with the project at this time or if the request for storm sewer improvements is merely a response to current problems at the Sally Beauchemin property. Staff submitted a brief report and the staff was recommended to proceed with the feasibility study. I-35E COMPLETION DATE Councilmembers discussed their concerns relating to a delay in the completion of I-35E. Wachter moved, Egan seconded the motion to direct the City Administrator to prepare a letter to Kermit McRae of the MnDOT District 9 relating to the Councilmembers' concerns and also to express concerns about the load limitations on streets affecting the timing for the continuation of work on the project. All members voted yes. Mayor Blomquist directed that the City Administrator forward a letter to the Dakota County Highway Department regarding the Councilmembers' concerns about load limits on County Highways and its effect upon the completion of I-35E. CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist dated: March 31, 1 ARS in the amount of $ i?(L 3n-i 33 April 16, 1985 $ 273,629.18 All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m. PHH Ci y Jerk 17