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05/07/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 7, 1985 A regular meeting of the Eagan City Council was held on Tuesday, May 7, 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 Engineer Mark Hansen, City Administrator Hedges, Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the agenda as distributed be approved with the addition of the following applications for final plat approval: Haeg 1st Addition, Park Cliff 3rd Addition, Sun Cliff 4th Addition, Sun Cliff 5th Addition and Lone Oak, and further the vacation of drainage and utility easements for Thomas Lake Heights 2nd Addition. All voted in favor. MINUTES Upon motion by Wachter, seconded Egan, it was resolved that the Minutes of the April 16, 1985 regular meeting be approved with the exception on page 5, regarding Town Center 70 & 100, Project #429, it was noted there was no further progress made regarding the O'Neil pond easement acquisition. All members voted yea. SPECIAL MEETING MINUTES Egan moved, Thomas seconded the motion to approve the minutes of the special meetings of the City Council of April 9, 23 and 30, 1985. All members voted yes. PARK 6 RECREATION DEPARTMENT - SCHWANZ LAKE PARK A report from the Park and Recreation Department concerning the name for the Schwanz Lake park area was discussed and several alternates were reviewed. The Park Department recommended the park name be Trapp Farm Park and the lake be called Schwanz Lake. Councilman Smith indicated that the City policy has been, for a number of years, that no park would be named after a family unless the family name had existed in the City for at least 100 years. Wachter moved, Egan seconded the motion to continue consideration of the name until the staff researches the park name policy issue and reports to the Council. All members voted yes. 1 Council Minutes May 7, 1985 PUBLIC WORKS DEPARTMENT 1. Cliff Road & Lakewood Hills - Street Light. A request had been received earlier by the property owners in the area of Lakewood Hills for a street light at the intersection of Lakewood Hills and Cliff Road. The City authorized the installation of a street light resulting in two property owners at the corner, Ronald Pavlak and Larry Guthrie, objecting to the light in that location, their homes being close to that intersection. Tom Hedges explained the objections and Larry Guthrie, one of the owners, was present. Another petition was received from virtually all other property owners in the Lakewood Hills Addition favoring the street light and it was noted by Chief Berthe that the location was a priority for a street light because of safety reasons. Smith moved, Blomquist seconded the motion to direct the staff to investigate the possible installation of a hood over the lamp and the staff review the affect of such a revision in the street light eight weeks following the installation and report back to the Council. All members voted affirmatively. 2. Oak Chase 2nd Addition - Pond. Residents of Lots 4, 5, and 6, Block 2, Oak Chase 2nd Addition requested relief from the ponding occurring in their back yards, resulting from seepage through a hillside from Pond LP-55. In the meantime, the property owners are requesting the City temporarily pump the pond. After discussion, Blomquist moved, Egan seconded the motion that a feasibility report for the storm sewer installation in that location be prepared as quickly as possible, noting the problem has existed for several years, and further that the water be pumped down as a temporary measure with the property owner being reimbursed for electrical cost, noting the long-term solution is for storm sewer installation. All members voted in favor. CONSENT AGENDA The following consent agenda items were submitted to the Council and recommended for approval: 1. Personnel Items - Part Time Dispatcher. Police Chief Berthe recommended that Barbara K. Thompson be hired in the part-time position of Dispatcher in the Police Department. 2. Contractors Licenses. A schedule of Contractor's licenses including general contractors, homeowner contractors, heating and ventilating, plumbing, masonry, swimming pool and water softener contractors applications were submitted and recommended that they be approved. 3. Eagan Woods Office Park - Sanitary Sewer Connection. A request had been received by the Engineer from the developer of Eagan Woods Office Park for sanitary sewer service to the Eagan Woods Office Park requiring connection to an existing 21 inch trunk sanitary sewer owned by the Metro Waste Control Commission. Staff recommended approval of a Resolution from the Council authorizing the connection. 4. Proclamation of National Small Business Week. A Proclamation from the President of the United States recommending May 5 through May 12, 1985 be designated as National Small Business Week, was recommended for approval by the staff. 2 Council Minutes May 7, 1985 5. Proclamation of City of Eagan Spring Cleanup Week. It was recommended that the City Council officially proclaim the week of May 19 through May 25, 1985 as official Spring Cleanup Week for the City of Eagan. 6. HRA Multi-Family Pool Program - Resolution - Blackhawk Apartment Project. The City Council recently authorized the Blackhawk Apartment Project to secure final placement of multi-family mortgage revenue bonds through the pool program with the Dakota County HRA. Two technical requirements are necessary, including an amendment to Ordinance No. 103, adding multi-family housing language to that Ordinance, and the adoption of a Resolution approving participation in the Dakota County HRA Multi-Family Pool Program, making reference to Ordinance No. 103. It was recommended that the Council authorize the addition to the Ordinance and the adoption of the Resolution. R 85-22 7. Oakwood Heights - Utility Improvements - Project #82-E. It was recommended that the City accept the utility improvements within Oakwood Heights Addition performed under private contract under City Project #82-E for perpetual maintenance. 8. Brittany 4th Addition - Utility & Street Improvements - Project #82-G. All construction is complete and required tests and inspections have been conducted regarding utility and street improvements under Project #82-G for Brittany 4th Addition. It was recommended they be approved. 9. Whispering Woods Addition - Excavation Permit. An application had been received from Hilla Construction Co. for excavation permit for proposed Whispering Woods Addition located south of James Street and east of Slaters Road. Staff recommended approval, subject to compliance with City requirements. 10. Pine Ridge Drive - Street Reconstruction - Project #414. The staff has received a Petition for the street reconstruction of Pine Ridge Drive and it has been signed by 10 of 11 affected property owners along the road. Staff recommended the Council authorize the preparation of a feasibility report for Pine Ridge Drive street reconstruction Project #414. 11. Oakwood Addition - Project #445 - Streets and Utilities. A Petition had been received from the developers of the proposed Oakwood Addition for street and utility improvements under Project #445 and it was recommended the petition be received and the feasibility report be authorized. 12. Eagandale Office Center - Project #446 - Streets and Utilities. A Petition had been received from the developer of Eagandale Office Center located between Pilot Knob Road, Corporate Center Drive and Avalon Avenue for the installation of street and utility improvements, and it was recommended by the staff that the Council receive the Petition and that it authorize the Consulting Engineer to prepare the feasibility report for Project #446. Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items and authorize that they be implemented by the staff. All members voted yes. 3 Council Minutes May 7, 1985 y7 LEXINGTON SQUARE 2ND ADDITION - PROJECT #433 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding Project #433 consisting of Lexington Square 2nd Addition trunk storm and sanitary sewer improvements. Rich Hefti introduced the subject and Mark Hansen of the Bonestroo, Rosene, Anderlik & Assoc. consulting engineering firm described the project. He discussed the need for an easement and also the projected assessments, together with the deficit assessments expected. Charles Hall appeared and indicated that $109,000.00 in proposed assessment area is green acre property covering Parcel 010-01. In addition, there is a deficit of about $286,000.00 projected. It was also noted that a portion of the land that is proposed to be assessed would not be served for an extended period of time because of terrain. Tom Meisinger, a property owner of a 40 acre parcel north of Wescott Road, appeared and had certain questions. It was noted that sanitary sewer could be served to that parcel and also that water improvements could also be installed. There was discussion concerning the potential scaling back of the project in the Lexington Square Addition area to provide for extension of sanitary sewer to Wescott Road, but not extended to Northview Park Road. Councilman Smith suggested submitting requests for bid alternates. Councilman Smith then moved to close the hearing, to order in the project and to authorize the preparation of plans and specifications which would provide for alternate bids, including the area to be covered within the project and also the extension of sanitary sewer only, to Wescott Road and not to Northview Park Road. All Councilmembers voted yes. EAGAN WOODS ADDITION - PROJECT #435 The next hearing convened by the Mayor consisted of street and utility improvements under Project #435 for Eagan Woods Addition. Mr. Hefti and Mr. Hansen reviewed the project and there were no objections to it. After detailing the project, Wachter moved, Egan seconded the motion to close the hearing, to approve the project, to order it in and to authorize the preparation of the applicable plans and specifications. There were questions about the water line through the property and also storm sewer construction. All members voted yes. WINDTREE 4TH ADDITION - PROJECT #437 The hearing regarding Project #437 consisting of street and utility improvements for Windtree 4th Addition was next brought before the Council. The Mayor convened the hearing and Mark Hansen explained the project to the Councilmembers. There were no objections and no appearances. Smith moved, Thomas seconded the motion to close the hearing and to continue action on the project until the next regular meeting of the City Council on May 21, 1985. All members voted in favor. 4 Council Minutes May 7, 1985 LEXINGTON PLACE SOUTH - PROJECT #438 The next public hearing convened by Mayor Bea Blomquist concerned Project #438 regarding street improvements for Lexington Place South. Mark Hansen reviewed the preliminary report prepared by the Bonestroo, Rosene, Anderlik & Assoc. office and Jim Nervig of Orrin Thompson Homes was present. There were no objections and after review, Egan moved, Wachter seconded the motion to close the hearing and order in the project and authorize the preparation of plans and specifications. All members voted in favor. Egan then moved, Wachter seconded the motion to approve the plans and specifications as presented by the consulting engineer, to authorize the advertisement for bids for an opening to be held at 10:30 a.m. on Thursday, May 30, 1985 at the Eagan Municipal Center. All councilmembers voted affirmatively. WESTBURY 3rd ADDITION - PROJECT #441 The hearing regarding the utility improvements under Project #441 for Westbury 3rd Addition was then convened. There was no appearance on behalf of the Petitioner and upon motion by Smith, seconded Egan, it was resolved that the hearing be continued until the next regular meeting of May 21, 1985, because there was no appearance by the representative of the petitioner. All members voted yea. LaFONDA RESTAURANT - ON-SALE LIQUOR LICENSE HEARING Mayor Blomquist then convened the public hearing regarding the proposed rescission of the on-sale liquor license for LaFonda Restaurant on Highway #13. It was noted that at the City Council meeting held on March 19, 1985 the manager's liquor license that was issued to Mike McDonald was considered for suspension or revocation at the recommendation of the Eagan Police Department. The City Council then scheduled a hearing for May 7, 1985 on the revocation of the license, noting that there was no authorized manager required under the Eagan Liquor License Ordinance. Mr. Hedges stated that since the last meeting, an application has been submitted by James Geogleris as the liquor manager for LaFonda De Acebo Restaurant and the police department has recommended approval. After discussion and upon motion by Egan, seconded Smith, it was resolved that the application of James Geogleris for manager's license for LaFonda Restaurant be and it hereby is approved. All voted yea. Then Eagan moved, Wachter seconded the motion to close the hearing regarding the revocation of the on-sale liquor license and to rescind the license for Michael McDonald as manager. All voted yea. NAEGELE COMPANY - CONDITIONAL USE PERMIT EAGANDALE INDUSTRIAL PARK An application had been submitted by Naegele Company for conditional use permit for advertising sign to be located on Lot 14, Block 1, Eagandale Industrial Park. A public hearing was held, and the Advisory Planning 5 Council Minutes May 7, 1985 -Commission at its January 24, 1985 meeting recommended denial of the application due to the fact that there is a business sign located on the lot and because of opposition by the Opus Corporation. The application had been continued by the City Council and Mr. Runkle explained the proposal. He noted the height of the sign, the sign exceeded the maximum allowable square footage for an advertising sign, according to the Eagan Ordinance, it would be the first sign to be proposed on an existing platted lot and also noted that there is an existing building on the lot, together with an existing building sign. After discussion, Wachter moved, Egan seconded the motion to deny the application based upon the following reasons: 1. The Advisory Planning Commission at its regular meeting on January 24, 1985 recommended denial of the application based upon reasons provided in its minutes. 2. A business sign is presently located on the lot which is a platted parcel, in violation of City Code, Chapter 4.20, Subd. 4A. 3. The neighboring property owner, namely Opus Corporation, has indicated its opposition to the approval of the application for advertising sign permit. 4. The proposed sign exceeds the size limit provided under Eagan Code Section 4.20, Subd. 4C, namely 250 square feet in area, and further the terrain, safety factors and other conditions do not warrant the approval of an advertising sign in excess of 250 square feet. 5. There is an existing building on the platted lot and to authorize an advertising sign on a platted lot with a building on it would be setting a precedent in the City. Circi Thompson of Naegele Company appeared on behalf of the applicant and noted that the Vendmark sign is a business sign. She spoke in favor of the application and Councilmembers were concerned about the potential for excessive signs along the freeways in the City. All Councilmembers voted affirmatively. EAGAN CENTER 1ST ADDITION - PRELIMINARY PLAT The application of James Curry for preliminary plat approval of the Eagan Center 1st Addition located at the southeast quadrant of Diffley Road and Lexington Avenue was next considered by the Council. The proposal covers 12 acres with a 20,000 square foot retail building projected for the property. The Advisory Planning Commission at its regular meeting held on March 28, 1985 reviewed the application and recommended approval, subject to certain conditions. Dale Runkle detailed the application to the Council, noting that the parcel is a part of a 169 acre commercial area. He reviewed the history of the property, including the zoning and land use and Jim Curry and Mark Ravich appeared for the applicant. Councilman Wachter asked why the developer proposed the building face west rather than east into the future development. Mr. Curry stated that the developer had requested the first stage to face in a westerly direction. Wayne Bishop, the architect, was present and there were no objections. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 6 Council Minutes May 7, 1985 1. The name "Lexington Plaza" shall be used for the first phase. 2. Eagan Center Drive, Daniel Drive and Patrick Road shall be named on the plat. 3. The plat shall be subject to approval by the Dakota County Plat Committee, including the proposed traffic island and right-turn restriction on the proposed northerly access to the shopping center (Lot 1, Block 1). 4. The site plan for the proposed shopping center shall be revised to meet minimum requirements and good design, namely: A. 133 parking stalls shall be required where 120 are shown. B. Back-to-back stalls should be 64 feet. 5. The Lexington South Planned Development Agreement shall be amended and subject to review by the Eagan Planning Commission. Said Agreement, at a minimum, shall include: A. A revised bicycle/pedestrian circulation plan, providing for sidewalks or a pathway along Diffley Road, Lexington Avenue South and both sides of all internal streets except for one side along Daniel Drive and Wescott Hills Drive. B. A commitment of architectural review by the Planning Commission of all CSC development as required by the zoning ordinance. C. A revised concept/land use plan approved in August, 1984, for the Eagan Center commercial area showing Lot "F" as LB only. D. A reservation about the future construction of Wescott Hills Drive leading south of the Egan Center area. E. A commitment to provide a detailed landscape plan for every development similar to that provided for Lexington Plaza. 6. A permit shall be required from the Dakota County Highway Department to connect with the storm sewer within Lexington Avenue and also the necessary access locations for Patrick Road and the proposed right in/right out location. 7. Watermain shall be 8-inch in diameter extended from the 8-inch lateral stubbed across Lexington Avenue. 8. A 65-foot half right-of-way shall be dedicated for Lexington Avenue and Diffley Road. 9. An 80-foot right-of-way shall be dedicated for Patrick Road. 10. This development shall be responsible for trunk area water and sewer assessments along with lateral benefit from Trunk watermain assessments at the rates in effect at the time of final platting. 7 Council Minutes May 7, 1985 P 11. All costs associated with this development shall be the sole responsibility of this development. 12. This development shall be responsible for construction of an 8-foot bituminous trailway along Lexington Avenue from Patrick Road to the north line of Lot 1. 13. There shall be no parking at the rear of the building. All councilmembers voted affirmatively. SEE PLAT FILE THOMAS LAKE PLACE - PRELIMINARY PLAT The application of Dominium Group for preliminary plat approval of Thomas Lake Place to provide for 228 apartment units on 17.5 acres next came before the Council. Mr. Hedges introduced the application and reviewed in some detail the background, beginning in July of 1984 when the application was first brought to the City. A number of revisions have taken place in the proposed layout and because of revisions, it was determined that the application be reviewed again by the Advisory Planning Commission at its meeting held in February 1985, and again considered by the APC at its April 23, 1985 meeting. The Advisory Planning Commission recommended denial for reasons provided in its minutes. Mr. Hedges stated that there had been some question regarding the underlying zoning and through research by the City Administrative Intern, copies of material relating to the history of the planned development were submitted to the Planning Commission members. A report from Greg Ingraham dated April 15, 1985 updating the Thomas Lake Place proposal, including access road, drainage run-off and zoning was included in the packet materials distributed to the Council members. Also letters from Pfister Architects, layouts of the original proposal and current proposal for the development, were considered by the Councilmembers. It appeared the original application was submitted in 1972 with the Planned Development Agreement signed in 1977. Annual approvals of the planned development have been presented on a regular basis. Also, an Environmental Impact Statement was performed and adopted in 1979. Dale Runkle, in his presentation, indicated that there had been a reduction in the number of units from 238 to 228 and the continuance had been made to acquire additional information, including air quality, run-off, parking lot layout, and landscaping. A large number of neighboring property owners were present including Ron Williams who questioned the length of the planned development agreement and it was noted it provided for a 15 year term. He asked why he hadn't been noticed and it appeared that his property is in excess of 350 feet from the subject parcel. Glen Dykes was a neighboring owner who submitted a Petition signed by about 250 residents opposing the project. He further stated the zoning map in prior years indicated R-1 zoning for the property. 8 Council Minutes May 7, 1985 ;~'e- A!a A~', Also, there was a request for a new Environmental Impact Statement for the Thomas Lake area and objections that there was loss in value due to the apartment project, the traffic would be increased and will endanger the children, pollution could be created, and there was a request for denial or postponement of the application by the Council. Jean Parranto was present and asked to review the plan with the three buildings and the road at the north end, and suggested that that proposal would be more satisfactory. He also requested reducing the pitch of the roofs and asked for further information regarding the pathway to the south side of the parcel along the .lake. There was extensive discussion concerning the street access, noting the north access would be steeper and also more trees would be removed. Four buildings as opposed to three buildings were also discussed and Jack Safar was present and noted there is a 33 acre site with 17 acres being developed and the balance of park and lake area. Upon questioning, it was noted the buildings are about 45 or 50 feet from the power line easement, according to the architect for the applicant. Ed Dunn, the owner of the land, appeared and indicated the land had been zoned Agricultural prior to the planned development and he covered some of the history of the parcel. Councilman Egan made the following comments: 1. The map attached to the planned development agreement indicates 144 dwelling units on 16.9 acres. 2. The schematic shows "Park" with handwriting over it proposing townhouse - apartment. 3. The Comprehensive Guide indicates R-II with 3 to 6 dwelling units per acre. 4. The Town Board on July 18, 1972 recommended protection for the Blackhawk Lake area and Mayor Blomquist questioned whether the Thomas Lake area ought not also to have certain protective steps taken. John Guidicessi, attorney, appeared representing Dominium Group and made comments regarding the application. He stated that the drawing attached to the agreement indicated 12 units per acre. Councilman Wachter explained the history of the Comprehensive Plan and indicated that he had favored large single family lots at the time that the parcel was last reviewed. After extensive discussion and comments by other members of the audience, Blomquist moved, Egan seconded the motion to deny the application for preliminary plat approval of Thomas Lake Place for the following reasons: 1. The Comprehensive Guide Plan lists the parcel as Mixed Residential R- II. 2. The site is hilly and heavily wooded with slopes often over 12% and the building elevations have been noted as a concern with regard to the view of the buildings from across the lake. 3. There were concerns over drainage and run-off increase and the increased danger of pollution to the lake. 9 Council Minutes May 7, 1985~F ' 4. There are traffic safety issues resulting from increased traffic in the area. 5. The access road to the site is an issue noting that the preferred southern location directs traffic along and very close to Thomas Lake. 6. A transient population would be created and apartment buildings may not fit well with existing single family development in the area. 7. There may be a negative impact on an environmentally sensitive area including steep slopes and vegetation. 8. There is strong public neighborhood opposition to the project with a Petition signed by the neighboring property owners was presented. 9. The Advisory Planning Commission recommended denial based upon reasons included in its minutes. 10. The property as presented in May of 1972 provided for a Park on the site and in July of 1973, the designation for the site indicated 144 dwelling units instead of 228 units. 11. The setbacks from the lake, under the concept indicates 125, 187 and 460 feet, whereas the setback in the current plan provides for 95 feet in one location. 12. The Environmental Impact Statement does not specifically address Thomas Lake in detail. 13. Further, the Town Board, at the time of original approval, singled out Blackhawk Lake area within the Blackhawk Park planned development for specific consideration, but did not specifically designate the Thomas Lake area specifically, which is equally sensitive environmentally. Councilman Thomas indicated that if the property were used for R-1 purposes, then most of the trees would be removed and also there would be greater run-off created. Mr. Guidicessi requested that all members present be given the right to make presentations. He stated that the proposal is in conformance with the Blackhawk Park Planned Development Agreement and zoning ordinance and argued that to deny the application would be a breach of the planned development agreement. Councilman Smith indicated that the application was processed between 1972 and 1977 and there were some revisions and it appeared to be an enforcable Planned Development Agreement. Those in favor of the application were Blomquist and Egan; those against were Wachter, Smith and Thomas. The motion was defeated. Councilman Smith then moved, Thomas seconded the motion to approve the application, subject to the conditions that were recommended by the engineering and planning departments. Those in favor were Thomas and Smith; those against were Egan and Blomquist; Wachter abstained and the motion died. Jack Safar then made a presentation and noted that the north access site would create a wider swath of trees and steeper grades with more trees being removed. He further stated the applicant would commit to depressing the road on the south so as to lower the visual vehicular activity and also will heavily plant the low area on the south with coniferous trees to eliminate the visual impact of the southerly road. 10 Council Minutes May 7, 1985 Mark Parranto, an owner of a lot south of the parcel, in Lake Park Addition, stated that alternate No. 2 with the road at the north was more acceptable and that more blacktop would be created if the southerly route were utilized. He requested that damage to the lake be mitigated. Councilman Wachter was concerned about the number of trees that would be removed with the alternate access. One neighboring owner from Auburn Court objected to the lack of certainty and inconsistency in the zoning maps. Mayor Blomquist was also concerned about the zoning issue and the other issues that were raised during the Council meeting. After further discussion, Blomquist moved, Egan seconded the motion to continue the application to the June 4, 1985 meeting and requested the staff to acquire additional information regarding the unanswered issues including the following: 1. To determine the number of units that were approved under the Planned Development Agreement and approved by the Town Board and City Council for the parcel. 2. Whether the Exhibit providing 144 units is a valid exhibit to the Planned Development Agreement. 3. Review should be made of the Board Minutes of 1972 concerning Blackhawk Lake and why Thomas Lake environmental issues were not recommended to be reviewed. 4. Also why the term "park" on one exhibit and the penciled revision to townhouse/apartment was included. 5. All minutes and maps should be reviewed and a report be provided for the Council. John Guidicessi again made a presentation for the Council and requested that the motion be defeated. Those in favor of the motion were Egan, Wachter and Blomquist; those against were Smith and Thomas. SEE PLAT FILE CLIFF SQUARE - REZONING The application of Federal Land Company and Martin Colon to rezone approximately 20 acres located in the northwest quadrant of Rahn Road and Cliff Road from A (Agricultural) to Commercial Planned Development was then considered by the City Council. Dale Runkle explained the application and noted that it was commenced in January of 1985. The Comprehensive Guide designates the parcel at R-III, Mixed Residential, with density of 6 to 12 units per acre and the proposal is for LB/NB Commercial District under a Planned Development. Some revisions to the plan had been submitted to the Advisory Planning Commission at its April 23, 1985 meeting, at which time the Advisory Planning Commission voted 3 to 3 on a motion to deny the application. 11 Council Minutes May 7, 1985 Martin and Vernon Colon were present and Martin Colon made a presentation to the Council. He stated that the applicant had been before the Planning Commission in January, March and April and that different members of the Planning Commission were present at the March and April meetings. He also stated that he personally contacted the two members that were not present at the April 23, 1985 meeting. He mentioned that Cliff Road now has 13,000 cars per day and it is expected to have 25,000 cars per day, and further that commercial zoning is appropriate in light of the commercial zoned areas along Cliff Road. County officials have reviewed the application according to Mr. Colon, and have requested the access align with the access on the south side of Cliff Road to the County facility. The Park Committee has reviewed the application and he further indicated that most trees will be preserved. The same type of architectural scheme will be used including architecture similar to the office building on the north side of the Cedar Cliff Shopping Center. He further mentioned that the applicant does not intend to request special revenue bond financing for any portion of the project. Councilman Smith stated that there did not appear to be adequate reasons to increase the amount of commercial zoning in the City particularly in the general area and noted the Comprehensive Guide Plan provides for residential use for the parcel. Egan noted that the John Voss report indicated that there is an excessive amount of commercial zoning in the City and the Cliff Road area. Two letters from neighboring property owners, consisting of commercial developers, objecting to the additional commercial zoning were submitted. Councilman Wachter suggested that it was possibly premature to provide for additional commercial zoning. Bill Brandt and Loren Spande appeared in opposition to the application and Mr. Spande indicated he would like additional input regarding the utilization of the pond along the boundary line of the Federal Land Company property and Spande property. Smith moved, Egan seconded the motion to deny the application based upon the fact that there is excessive commercial zoning within the City of Eagan indicated by the report prepared by the planning staff and further, there is excessive commercial zoning in the general area. Steve Darling, a neighboring owner was present and stated he believed that multi-family apartments may not be appropriate but office or nursing home use may be a valid use of the parcel. Those in favor were Egan, Smith, Wachter and Thomas; Blomquist voted no. HAMPTON HEIGHTS - PRELIMINARY PLAT The application of Frontier Midwest for a revision from single-family lots to proposed townhouses on a 52 acre parcel for proposed Hampton Heights Addition was next considered by the City Councilmembers. Mr. Hedges reviewed the action of the Advisory Planning Commission recommending approval of a revised single family layout and Mayor Blomquist indicated that there had been no information included in the packet for the City Council to review. Mark Parranto was present on behalf of the applicant and it was noted that the reduced copies of the plat had not been submitted by the applicant in a timely fashion. Wachter moved, Egan seconded the motion to continue the application to the May 21, 1985 regular meeting in order to allow the Council to review the proposal. All members voted in favor. SEE PLAT FILE 12 Council Minutes May 7, 1985 CORPORATE CONSTRUCTION - WAIVER OF PLAT An application of Corporate Construction for waiver of plat for duplex lot split on Lot 4, Block 1, Oakwood Heights 2nd Addition came before the Council. There were no objections and Egan moved, Wachter seconded the motion to approve the application subject to compliance with all City ordinance requirements. All members voted affirmatively. NORTHWESTERN BELL TELEPHONE CO. - SPECIAL PERMITS An application from Northwestern Bell Telephone Co. for three special permits for utility buildings located along Highway #13, north of Yankee Doodle Road, at Pilot Knob Road and Wescott Road, and the water tower site on Towerview Road, were brought before the Council. Dale Runkle introduced the application and reviewed the proposals for each of the sites and representatives for the applicant were present. There was discussion regarding plantings for the specific parcels and there were no objections. Egan moved, Thomas seconded the motion to approve the application for the three permits with the following conditions: 1. Number #1 site at Highway #13 and northeast of Yankee Doodle Road subject to submission of a detailed landscape plan for approval by the planning department, showing existing trees to remain, trees to be removed, and the size, species and location of new plantings. 2. Number #2 located on City property at the Sperry water tower parcel, south of Towerview Road: a. A lease agreement shall be entered into by the applicant and the City prior to any construction. b. The entire driveway area from Towerview to the utility building shall be bituminous. c. The exterior construction shall be brick, similar to the brick used for the exterior of the Sperry building. 3. Number #3 located on City property south of the Fire Administration building lot along Pilot Knob Road at Wescott Road, subject to the following conditions: a. A detailed landscaping plan shall be prepared showing the size, species and location of the proposed plantings. b. The brick exterior shall closely match the color and style of brick used on the Eagan Municipal Center. c. A lease agreement shall be entered into by the applicant and the City prior to any construction. All Councilmembers voted yes. 13 Council Minutes May 7, 1985 TRI-LAND PROPERTIES - VARIANCE APPLICATIONS Applications from Tri-Land Properties for two variances including 20 foot setback variance from Yorktown Place for Lot 2, Block 3, Sunset 4th Addition, and a 10 foot setback variance from Sunset Drive for Lot 3, Block 4, Sunset 4th Addition, were considered by the Council. The reason for the Yorktown Place variance in Sunset 4th Addition was that Yorktown Place was not constructed as originally platted and therefore the right-of-way is platted which will eventually be vacated. The second request for 10 foot variance is to avoid construction on a steep slope along the east side of the property. There was discussion about the exclusion of the bubble for Lot 2, Block 3, of Sunset 4th Addition on Yorktown Place and it was noted the Council did not approve the elimination of the bubble. The purpose of the bubble is to meet the setback requirements and it was noted the staff is opposed to the use of a bubble for one residence because of maintenance problems. Wachter moved, Egan seconded the motion to continue the application regarding the Yorktown Place lot until the next regular meeting to acquire additional information from by the staff. All members voted yes. Smith then moved, Thomas seconded the motion to approve the application for variance for Lot 3, Block 4, Sunset 4th Addition, subject to compliance with all other City ordinances and regulations. All members voted yea except Wachter who voted no. DAKOTA COUNTY HRA - LOW RENT HOUSING PROPOSAL The Dakota County HRA submitted an application to HUD for a maximum of 15 three-bedroom units of low rent, new construction housing through HUD. Mark Ulfers, Deputy Executive Director of the Dakota County HRA was present and stated that the agreement will be essentially the same as the fifteen scattered site units but would be on one site. Councilman Smith stated that he was opposed to the proposal, noting that the scattered site project had been approved by the Council because of its being spread throughout the City. Mr. Ulfers stated the reason for the application is that this has been the only type of funding available for the past three years. Wachter moved, Egan seconded the motion to deny the application because the proposed clustering of the low rent new construction was not contemplated by the City Council when the scattered City site program was first approved. All members voted yes. R 85-23 BANK SERVICES FOR CITY OF EAGAN The City Administrator and City Finance Director prepared a request for proposal to consider banking services for the City in early 1985. Four local banks responded to the request for proposal and the proposals were based on a cost per unit and compensating balance basis. The Finance Director recommended the cost per unit system and the low proposal was from Minnesota Bank of Eagan, the existing depository. After review by the Administrator, Smith moved, Thomas seconded the motion to approve Minnesota Bank of Eagan's proposal based upon a cost per unit basis for a 2 1/2 year period, effective July 1, 1985 through December 31, 1987. All members voted in favor. 14 Council Minutes May 7, 1985 PUBLIC WORKS GARAGE ADDITION - ARCHITECT The City Council directed the City Administrator to contact Jack Boarman and Associates and request a proposal for architectural services to complete a public works garage addition. Based upon Mr. Boarman's performance on the Municipal Center building, it was decided that bids not be requested and a proposal was made by Mr. Boarman based upon an hourly rate not to exceed a 7% fee. Egan moved, Wachter seconded the motion to resolve that Jack Boarman & Associates be engaged as the architect for the Eagan Public Works garage addition with the condition, however, that Mr. Boarman will review the heating and cooling system in the Municipal Center prior to the entry into the contract. All members voted yes. TEMPORARY TRAILERS - MARK & DAWN SIMPSON An application was received from Mark and Dawn Simpson requesting a special permit to locate four temporary trailer homes on their property on the east side of Lexington Avenue and south of Northview Park Road. The purpose was for seasonal construction workers on a gas main installation project in the area. Mark and Dawn Simpson appeared and explained the application. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. No more than four trailers and/or campers may occupy the site at any one time. 2. The trailers shall be removed by December 1, 1985. 3. The trailers shall be located a minimum of 30 feet from any property line. All voted in favor except Blomquist who abstained. WESCOTT HILLS 4TH ADDITION - MULTI-FAMILY HOUSING REVENUE BONDS A request has been received from the developer of the Wescott Hills 4th Addition project requesting that a public hearing be scheduled for the purpose of issuing $2,100,000.00 in multi-family housing revenue bonds for 35 townhouse units. Smith moved, Wachter seconded the motion to accept the Petition and schedule a hearing on the issuance of the bonds for June 4, 1985 at 7:00 p.m. at the Eagan Municipal Center. All voted in favor. EAGANDALE LEMAY LAKE - CONTRACT #85-7 The bids have been received on the Eagandale Lemay Lake street and utility improvements under Contract #85-7 which were opened on April 30, 1985 at 10:30 a.m. The low bid was that of Lake Area Utility Co. in the sum of $507,384.60. Egan moved, Thomas seconded the motion to award Contract #85-7 to Lake Area Utility Co. in the amount mentioned above and to authorize the Mayor and City Council to execute all related documents. All Councilmembers voted yes. 15 Council Minutes May 7, 1985 t` I ate . BIRCH PARK ADDITION - CONTRACT #85-10 The bids have been received covering street and utility improvements under Contract #85-10 for the Birch Park Addition street and utility improvements. Rich Hefti explained the proposed improvements and recommended acceptance of the low bid. Daniel Warner, attorney, appeared on behalf of Mr. and Mrs. Bernard Fritz and objected to Project #417, indicating that his clients had not been notified of the hearing on the project, that the proposed assessments are grossly excessive in relation to benefit and asked that the Council reject the bids and not award the contract. Teresa Fritz also discussed with the Council her objections and indicated that she received misinformation from the City staff. She also questioned whether easements would be necessary along Deerwood Drive and strongly objected to the assessments. Councilman Smith was concerned about access to the west parcel, originally proposed as Pilot Pointe Addition and Don Klober, one of the owners of that parcel was also present. After discussion, Smith moved, Egan seconded the motion to reject the bids because of the problems regarding the access to Pilot Pointe Addition, noting that only the preliminary plat had been approved for Birch Park, but that both plats had been approved simultaneously and further, the issues that have arisen regarding the Deerwood Drive project and assessments. All members voted in favor. Blomquist then moved, Egan seconded the motion that based upon the fact that because the Birch Park Addition street access road to the west was eliminated due to the fact that the developer of the Birch Park Addition had, at the time of the approval of Birch Park preliminary plat application, indicated that it would develop the proposed Pilot Pointe Addition with access directly to Pilot Knob Road, including substantial fill on that site and in light of the fact that the developer now indicates that it will not proceed with the development of Pilot Pointe Addition, that the proposed plat for Birch Park Addition should then be reviewed by the Advisory Planning Commission and the City Council to determine whether the access from Pilot Pointe Addition directly west of Pilot Knob Road is feasible or whether any other access, including easterly through Birch Park Addition should be provided. All members voted in favor. ABATEMENTS - DAKOTA COUNTY ASSESSOR'S OFFICE Three requests for tax abatements were presented by the Dakota County Assessor's office to the City, including the following: 1. Alan L. Bonin - Market value reduction from $42,900.00 to $34,700.00. 2. Eileen J. Fournier - Reduction in market value from $55,600.00 to $45,400.00. 3. Joseph J. Speakman - Reduction in market value from $99,600.00 to $96,100.00. Upon motion by Smith, seconded Egan, it was resolved that the foregoing abatements as requested be approved. All voted in favor except Wachter who voted no as to the Fournier parcel. 16 Council Minutes May 7, 1985 FINAL PLAT APPLICATIONS 1. Haeg 1st Addition. An application was received for final plat approval for Haeg 1st Addition and it was recommended that it be approved. R 85-24 2. Park Cliff 3rd Addition. The application of Richard Winkler for final plat approval of Park Cliff 3rd Addition was submitted and recommended for approval. R 85-25 3. Sun Cliff 4th and 5th Additions. The application of Advance Developers for approval of the Sun Cliff 4th and 5th Additions was submitted and recommended for approval by the staff. Pat Hoffman was present and there were questions concerning the undersized lots in the Additions. Mr. Hoffman stated there will be no further variances requested for construction of any of the residences on any of the lots. R 85-27.1 & R 85-27.2 4. Lone Oak Addition. The application has been received from the developers of the Lone Oak Addition including the Northwest Airlines property for final plat approval. It was noted that several requirements have not been fulfilled at the present time, including planned development agreement, development agreement, and letter of credit. Upon motion by Blomquist, seconded Egan, it was resolved that all of the applications for final plat approval be approved, subject however, to complete compliance with all necessary City requirements before release of the final plats. All voted in favor except Wachter who voted no as to the Sun Cliff 4th and 5th Additions because of undersized lots. R 85-28 THOMAS LAKE HEIGHTS 2ND ADDITION - EASEMENT VACATION The staff has received a request to vacate a portion of a previously dedicated blanket drainage and utility easement over two lots of the Thomas Lake Heights 2nd Addition. Upon motion by Blomquist, seconded Egan, it was resolved that the petition be received and the hearing be scheduled on May 21, 1985 at 7:00 p.m. at the Municipal Center. All voted yes. CEDAR GROVE NO. 11 - BRIAR HILL ADDITION Two owners in Cedar Grove No. 11 Addition appeared objecting to and stating that the Briar Hill Addition developer has not installed a hedge between the Cedar Grove 11th Addition and Briar Hill as required by the City. The staff was requested to review the issue with Tollefson Builders and report to the Council. 17 Council Minutes May 7, 1985 OAK CHASE 6TH ADDITION A letter has been received from Mr. Ostertag, the owner of property to the east of the Oak Chase 6th Addition on Cliff Road, objecting to the storm water problems and also erosion that has taken place within his property and adjacent to it. Mayor Blomquist moved and Wachter seconded the motion to recommend that the Council not accept the street improvements until the water drainage problem is corrected, and further that building permits not be granted in the subdivision until the corrective measures have been taken. All councilmembers voted in favor. CTC BUSINESS CAMPUS - TECHNOLOGY DRIVE City Attorney Paul Hauge submitted a proposed Agreement for Right of First Refusal regarding the Technology Drive right-of-way acquisition between Anderson Development, Inc. and the City covering the Ronald Cornwell property. It was recommended that it be approved, although at the present time, there is no progress on the acquisition of the Technology Drive property. Thomas moved, Smith seconded the motion to approve the Right of First Refusal agreement as proposed. All members voted in favor except Mayor Blomquist who was temporarily absent. ROBERT O'NEIL PROPERTY - PROJECT #404 The City Attorney submitted a letter reviewing the progress regarding the acquisition of pond easements on the Robert O'Neil property required under Eagan Utility Project #404. He stated that meetings have been held with Mr. O'Neil and his representatives by City staff members and consultants and no progress has been made at the present time. He therefore recommended the Council authorize condemnation, but that in the interim the negotiations continue, noting that an application is expected to be submitted by Mr. O'Neil to the City for rezoning of the O'Neil property on the north side of Yankee Doodle Road. Thomas moved, Egan seconded the motion to authorize the City Attorney to commence condemnation and also to hire an appraiser for the condemnation, based upon a separate Resolution regarding the condemnation action. All members voted yes except Blomquist who was temporarily absent. R 85-26 ADMINISTRATIVE INTERNSHIP Tom Hedges discussed with the Council a request for increase in compensation for the Administrator Intern, John Hohenstein, based upon the responsibilities that Mr. Hohenstein has been given in his position. Thomas moved, Wachter seconded the motion to approve the request for an increase in hourly rate to $9.50 an hour and all benefits similar to that provided for the part-time cable administrator. All Councilmembers voted yes. UPS & ROYAL OAKS - EAW Dale Runkle indicated that a request has been made for acceptance of negative declaration for the EAW for the UPS Addition and Royal Oaks project. Egan moved, Wachter seconded the motion to approve the recommendation and authorize its implementation. All voted yes. 18 Council Minutes May 7, 1985 LONE OAK ADDITION - UTILITIES - PROJECT #447 A Petition had been received from Northwest Airlines and Laukka-Beck-Eagan for feasibility report for utility improvements in the Lone Oak Addition, including Northwest Airlines project. Wachter moved, Thomas seconded the motion to receive the Petition and to authorize the consulting engineer to prepare a feasibility report. All members voted in favor. CITY COUNCIL SPECIAL MEETING - MAY 14, 1985 Egan moved, Thomas seconded the motion to schedule a special meeting of the City Council for May 14, 1985 at 7:00 p.m. at the City Municipal Center to review several City issues, which will include a tour of the Community Action Council's Robert Lewis House at 6:45 p.m. All voted yes. WESTBURY - WINDTREE - CONTRACT #85-11 Rich Hefti indicated that an advertisement for bids will be submitted to the Construction Bulletin with a scheduled opening date for the bids for May 30, 1985 and noted that one of the projects has not been ordered in at the present time. In order to expedite the time and assuming that the project will be ordered in by the Council, Smith moved, Thomas seconded the motion to authorize the Clerk to advertise for bids for Contract #85-11 to be opened on May 30, 1985 at 10:30 a.m. All members voted in favor. COUNTY CLUB MARKET - CEDARVALE BLVD. - IMPROVEMENT PROJECT #449 There was discussion by Councilmembers regarding the need for street improvements at the intersection of Cedarvale Blvd. near the Country Club Market, noting that the landscaping has not been kept up as representatives of Country Club Market had indicated. Smith moved, Thomas seconded the motion to authorize the preparation of a preliminary report for the improvements. All voted in favor. CONTRACTOR PERMITS - VOGELPOHL CONSTRUCTION CO. Noting that there were basement foundation problems covering residences being constructed by Vogelpohl Construction Co. on McCarthy Road, Blomquist moved, Egan seconded the motion to withhold the contractor's license for Vogelpohl Construction Co. until the building inspector has approved the construction work by the applicant, noting complaints have been received. All members voted yes. 19 Council Minutes May 7, 1985 AVIATION NOISE SYMPOSIUM The 15th annual Aviation Noise Symposium being held on July 25 through 27, 1985 in Sparks, Nevada, was discussed by the Councilmembers. After discussion, Wachter moved, Smith seconded the motion to authorize Mayor Blomquist and one other person, preferably Councilman Tom Egan, to attend the Noise Seminar at City expense, because of the severe air noise issues now prevalent in the City of Eagan. All members voted in favor. PILOT KNOB ROAD UPGRADING There was discussion concerning the priorities of Dakota County regarding upgrading of County Roads within the City and it was suggested that Pilot Knob Road be a higher priority than the improvement of Lexington Avenue. Wachter moved, Blomquist seconded the motion to request the County to place the Pilot Knob Road upgrading on a higher priority basis than that of Lexington Avenue because of the traffic flow and for safety reasons. All members voted yea. LILLIAN McCARTHY - PROJECT #3951 It was noted that the City Council had closed the hearing and approved the final assessments to the Lillian McCarthy property on Lexington Avenue under Project #3951, but in the event that there was an appeal of the assessments, that the Council reconsider the levy. No progress has been made in the senior citizen deferment for Mrs. McCarthy, and therefore the City Attorney recommended the Council reschedule the public hearing regarding the assessments and delete the former approval of the assessments. Upon motion by Egan, seconded Wachter, it was resolved that the Council reschedule a hearing on the special assessments for July 2, 1985 at 7:00 p.m. at the City Municipal Center and that the staff be authorized to engage an appraiser to make a determination of benefits to the property; further, that the staff continue to negotiate with Mrs. McCarthy for deferment under the senior citizen ordinance provisions. All members voted yes. CHECKLIST Thomas moved, Egan seconded the motion to approve the following checklist dated May 7,1985 in the amount of $~42,h79_Rfl All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40 p.m. PHH Cit Jerk 20