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06/04/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA U JUNE 4, 1985 A regular meeting of the Eagan City Council was held on Tuesday, June 4, 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 City Administrator Hedges, Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Wachter moved, Egan, seconded the motion to approve the agenda as presented. All members voted yea. MINUTES May 21, 1985, Eagan City Council regular meeting. Egan moved, Wachter seconded the motion to approve the minutes of the regular City Council meeting of May 21, 1985, subject to the following changes: Page 5, Hampton Heights Addition rezoning application (1) the lots shall be increased in size to a minimum of 10,000 square feet per lot; on page 10, Sunset Fourth Addition, staff recommends disapproval of the eyebrow for maintenance purposes; page 13, Hilltop Plaza, Councilmember Egan indicated that economic reasons could not be the sole reason to deny the project. All Councilmembers voted yes. AIR NOISE VIOLATIONS Roger Sperling, a City resident, appeared and requested the support of the City Council in issuing a misdemeanor citation on the basis of nuisance violation of both Minnesota Statutes and the City Ordinances against the FAA departure controllers in the case of violators creating excessive air noise over the City of Eagan. He stated that he had met with MASAC officials and other interested persons and also had letters submitted from eleven affected residents who object to the excessive air noise. Police Chief Jay Berthe was also present and both he and City Attorney Paul Hauge discussed the impact of a nuisance complaint being brought in the local Court. Mr. Sperling stated that the departure controllers are not enforcing the rules that they are prescribing and Chief Berthe recommended that a citizen's complaint be filed rather than a police initiated complaint. Councilmembers generally agreed with the proposal of Mr. Sperling and indicated that the Council would provide City support for such a complaint being brought. The Police Chief and City Attorney were directed to proceed with the investigation.- 1 City Council Minutes June 4, 1985 PUBLIC WORKS DEPARTMENT The following Public Works item were submitted by acting Public Works Director Rich Hefti: 1. Stop Sign at Covington Drive and Flora Drive. A petition was received for a three-way stop at the intersection of Covington Lane and Flora Drive because of claimed safety problems. Mr. Hefti recommended a speed study but after discussion, Blomquist moved, Thomas seconded a motion to direct a three- way stop sign to be installed for a six-month period and further that the Police Department be assigned to cite violators. All members voted in favor. 2. Sunset Fourth Addition Street Sign. A request had been made by property owners in the Sunset Fourth Addition requesting a Disabled Children sign and it was noted that the state does not recognize handicapped/disabled warning signs, but only recognizes blind and deaf warning signs. After discussion, Smith moved, Wachter seconded the motion to authorize installation of a deaf warning sign as requested. All members voted yes. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Personnel Items. The following personnel items were presented and staff recommended that the Council approve them as follows: A. Account Clerk/Utility Billing Clerk. It was recommended that Susan Sheridan fill the position of Account Clerk/Utility Billing Clerk for the Finance Department. B. Administrative Secretary to City Administrator and Director of Finance. Karen Finnegan was recommended to fill the permanent Administrative Secretarial position. C. Engineering Intern. Christopher Call was recommended by staff to fill the position of Engineering Intern. D. Clerk-Typist Vacancy. With the promotion of Ms. Finnegan to Administrative Secretary, it was recommended that the Council authorize the advertising to fill the vacancy for the new Clerk-Typist position. E. Part-time Police Dispatcher. Chief Berthe recommended the termination of the employment of part-time dispatcher Barbara K. Thompson for reasons stipulated in his memorandum. F. Dispatcher Vacancy. It was recommended that Connie Jaeger be reinstated on a part-time basis until after the summer months allowing adequate time to train a new dispatcher. G. Turnover of Police Dispatchers. Chief of Police Berthe recommended to the City Council that it authorize the use of temporary dispatcher due to the periodic turnover of part-time police dispatchers. 2 City Council Minutes June 4, 1985 H. Full Time Police Officer. The Police Department recommended that Doug Matteson be hired as a full time police officer effective July 1, 1985; further, to authorize the replacement of Mr. Matteson who has been serving as a police cadet. 2. Contractor's Licenses. A list of contractors including swimming pool, plumbing, heating and ventilating, homeowner's, and general contractors was submitted and it was recommended that the applications be approved. 3. Town Centre 70 Addition Final Plat Approval. It was recommended that the final plat application of Town Centre 70 First Addition submitted by Federal Land Company be approved subject to compliance with all City requirements. R 85-33 4. Gun Club Lake Watershed District Joint Powers Agreement. A Joint Powers Agreement establishing a watershed management organization for the Gun Club Lake Watershed District was submitted and it was recommended by the City Administrator that the Joint Powers Agreement be approved. 5. Oakwood Addition Street and Utility Improvements Project #445. A feasibility report for Oakwood Addition consisting of street and utility improvements under Project #445 was submitted and it was recommended that the report be received and that the public hearing be scheduled for July 2, 1985, at City Hall. 6. Eagandale Office Park Second Addition Street and Utility Improvements Project #446. The next feasibility report submitted by the consulting planner covered the utility and street improvements for Eagandale Office Park Second Addition under Project #446. It was recommended that the report be received by the City Council and that a public hearing be scheduled at the regular City Council meeting on July 2, 1985, at the City Hall at 7:00 p.m. 7. Knob Hill of Eagan Utility Easement Vacation. A petition had been received from the developer of Knob Hill of Eagan Addition and it was for vacation of certain easements which would be replaced by new easements. It was recommended that the Petition be received to vacate partial drainage and utility easements located in Lots 1 and 2, Block 1, of Knob Hill of Eagan, and authorize the scheduling of a public hearing for July 2, 1985, at 7:00 p.m. at the Eagan Municipal Center. 8. Eagandale Office Park Second Addition Excavation Permit. It was recommended that the application for an excavation permit for Eagandale Office Park Second Addition submitted by Opus Corporation be received and approved. 9. Ahlmquist Lake Contract #84-3, Project #393. The final payment request for the Ahlmquist Lake storm sewer project under Contract #84-3, consisting of Improvement Project #393, was submitted and it was recommended that payment in the amount of $5,450.70 to Ora Construction Company be approved and that the project be accepted for perpetual maintenance. 10. Sun Cliff Second Addition Change Order No. 2, Contract #84-15. Change Order No. 2 for City Contract #84-15 within the Sun Cliff Second Addition was submitted and it was recommended that the Change Order be approved with an addition of $2,500. 3 City Council Minutes June 4, 1985 11. Group W Addition Project #423 Alternate. The feasibility report for Group W Addition Project #423 Alternate was submitted and it was recommended and based upon the preliminary plat approval for Splashland Water Park Development that the Council receive the report and that it schedule a public hearing before the City Council for July 2, 1985, in the City Municipal Center at 7:00 p.m. 12. Brittany Eighth Addition Final Plat. Staff indicated that all submittals have now been complied with covering the application for final plat approval of Brittany Eighth Addition and it was recommended that the application be approved and that the appropriate officials be authorized to execute all the necessary documents. R 85-34 Wachter moved, Egan seconded the motion to approve the foregoing Consent Agenda items and authorized their implementation. All members voted in favor. SAFARI SECOND ADDITION STREETS AND UTILITIES PROJECT #439 The public hearing concerning Project #439 regarding Safari Second Addition streets and utility improvements which have been continued from the May 21, 1985, meeting was convened by Mayor Bea Blomquist. The developer of the Safari Second Addition was present and there were no objections. Smith moved, Thomas seconded the motion to close the public hearing and to approve the installation of the improvements and authorize the preparation of plans and specifications. All Councilmembers voted yes. WESTCOTT HILLS FOURTH ADDITION MULTIFAMILY REVENUE BONDS Miller & Schroeder, Inc., the City's program administrator for multifamily housing revenue bonds, indicated it had not received the market value appraisal and therefore recommended that the public hearing be continued on the Wescott Hills Fourth Addition project until the regular meeting of the Eagan City Council on June 18, 1985, at 7:00 p.m. Wachter moved, Smith seconded the motion to implement the recommendation. All members voted yes. THOMAS LAKE PLACE PRELIMINARY PLAT The application of Dominion Group for preliminary plat approval of Thomas Lake Place for 228 apartment units on 17.5 acres on the east side of Thomas Lake Road, south of Thomas Lake Elementary School, then came before the Council. The Mayor introduced the subject and City Administrator Tom Hedges detailed both the background and the current status of the project. He reviewed the staff report submitted by John Hohenstein, Consulting Planner John Voss, City Attorney Paul Hauge, and in some detail explained the memoranda submitted by each of those persons. He noted the long history of the Planned Development starting in about 1972, the confusion of the earlier documents, and the transition in the densities provided in some of the documents from 1972 through 1977 when the Planned Development Agreement was signed. He also noted changes in the ordinance from Ordinance No. 6 to Ordinance No. 52 with density designation revision and stated that the Planned Development Agreement of 1977 is the one is existence at the present time. He also reviewed the written memorandum including questions posed by area residents that he submitted to the City Council dated May 31, 1985, at which time the Council last considered the application. 4 City Council Minutes June 4, 1985 Mayor Blomquist had questions concerning the background of the Planned Development and questioned Ed Dunn, the developer, in some detail. Mr. Dunn stated that the parcel was proposed to be used for park purposes as one alternate but did not have specific answers as to why some of the early exhibits indicated 144 dwelling units on the parcel and 8.5 dwelling units per acre. He contended the 1977 PD Agreement controlled. The Mayor was concerned about the density changes which became much greater by 1977 and Mr. Dunn stated that he was not sure how these changes took place. He further stated that there were no changes in the Planned Development except for the County Road #30 and Heine Pond revision. The Mayor questioned whether the changes were approved by the Planning Commission or City Council and it was noted that at least two planners had done work for the developer through the years. Mayor Blomquist also stated that the changes in the densities may affect other areas within the Blackhawk Planned Development as well as potentially within the Lexington South Planned Development. Councilmember Smith stated that the City council must deal with the entire Planned Development and not specific parcels in depth at the time of approval. Councilmember Egan indicated that the densities had increased drastically shortly before the Planned Development Agreement and questioned whether the increased densities were actually approved. He also questioned whether the Minnesota Statutes require amendment to the Land Use Guide by the Metropolitan Council in 1974. There was also a question concerning the storm drainage and Mr. Hefti indicated that the storm drainage would most likely not drain into Thomas Lake directly but rather into the storm sewer drainage pipes running to the north. There was discussion concerning any potential conflict with the Eagan Shoreland Ordinance and whether the EIS accomplished in the late 1970s was adequate and whether the site conformed with the EIS. Mr. Wachter mentioned that he didn't feel that further EIS review would be warranted. John Guidescessi, attorney, appeared for the developer and made a presentation in favor of the application. Wachter then moved, Thomas seconded the motion to approve the application for preliminary plat approval subject to the conditions recommended by the staff including the following: 1. Park dedication shall be accomplished in accordance with the requirements established by the City Council after review by the Advisory Park Committee. 2. A detailed landscape plan shall be submitted to and approved by the City staff prior to construction along with an adequate landscape bond which is not to be released until one year after completion of the landscaping. 3. The preliminary plat shall provide for four lots with each building situated on a separate lot. 4. A detailed outdoor lighting plan shall be submitted to and approved by the City staff prior to construction. 5. Access doors to the underground garages shall provide adequate height for emergency vehicle clearance. 5 City Council Minutes June 4, 1985 6. Due to the environmentally sensitive nature of the site, grading and cutting of trees should be kept to a minimum outside of the parking areas and building pads. A grading limit line shall be established and approved by the City staff. 7. All other City ordinances and requirements shall be adhered to. 8. A specific underground parking space shall be required with the rental of an apartment unit. 9. This development shall be responsible for obtaining all required permits from the City and the Department of Natural Resources as applicable. 10. A minimum of an 8-inch water main will be required to provide service to this proposed development. 11. The entrance roadway shall be a minimum of 34 feet wide. All internal roadways shall be a minimum of 24 feet wide. All roadways shall consist of concrete curb and gutter and bituminous surfacing. 12. A 40-foot half right-of-way shall be dedicated for Thomas Lake Road. 13. A 10-foot drainage and utility easement shall be dedicated adjacent to all public rights-of-way. 14. A minimum of 15-foot utility easements shall be dedicated for all City utilities as specified by the City staff not constructed within City right-of- way. 15. This development shall be responsible for its trunk area water, storm sewer and storm sewer upgrading assessments as referended in the staff report. 16. All costs assocciated with development of the parcel shall be the sole responsibility of this development. A large number of affected neighboring residents were present and Attorney George Roedler, representing 21 area residents, spoke against the project. He stated that area residents were mislead concerning the zoning of the parcel, he proposed negotiations reducing the number of units and reducing the zoning to single family or to change the use of the property for park purposes. He also mentioned there - were questions unanswered and that continuing the application would be appropriate and stated, in his opinion, the Planned Development Agreement allowed discretion on behalf of the City Council to reduce the density. Mark Parranto, a neighboring owner to the south, was also present and submitted two drawings done by Dominion Group regarding the access location on the south of the property. He stated there would be an 8% grade on the access road on the south, a retaining wall would be required along the south road, that 20% more blacktop would be required for the south access, and that the drawing by a Dominion architect requires 10-1/2% additional tree removal and 6 City Council Minutes June 4, 1985 disturbed area than the northern route. He recommended the northerly route access road is preferrable as it would create the least amount of damage to the site. Councilmember Thomas was concerned about safety issues and indicated that the northern road is closer to the school and a bicycle path and also is closer to a more dangerous curve. Peter Pfister, the architect for the project, appeared and answered certain questions that had arisen including the following: 1. The amount of blacktop for the parking area and access are about equal for each of the locations. 2. Retaining walls would be provided on the south access. 3. The south road access has a shorter distance of 6-8% grade than the north. 4. The Barton Ashman engineering study recommended the south road as the least environmentally sensitive. 5. The developer will attempt to achieve 6-8% grade up to the parking lot utilizing the south access. 6. The south road shall be installed by the developer. 2. That berming and plantings shall be required according to staff recommendations. 3. The grading plan shall be prepared and submitted to the City Council for final review and approval. Mayor Blomquist inquired of Mr. Dunn whether he would consider downzoning the property or selling the property for park land purposes. Mr. Dunn answered that about 14% of the entire Blackhawk Park area had been allocated for park purposes and that he would not consider downzoning or converting the land to park because of his commitment to Dominion Group. Darrel Ramsborg, a neighboring homeowner, was present and stated that he would prefer the south access and was concerned about safety issues also. Those in favor of the motion were Smith, Wachter and Thomas. Against were Egan and Blomquist. Mayor Blomquist noted that she objected to densities which do not conform with the densities earlier approved which do not conform with the Planned Development Agreement. SEE PLAT FILE 7 City Council Minutes June 4, 1985 BLACKHAWK PLAZA PRELIMINARY PLAT The application of Norse Development Company for preliminary plat approval of Blackhawk Plaza consisting of nine (9) commercial lots on 11.6 acres and for conditional use permits for driveup bank and service station in Hallandale No. 1, together with variance for four-story hotel building was next brought before the Council. Dale Runkle detailed the issues that were of concern to the Council at its last regular meeting on May 21, including the service entrance, truck access in the rear of the building, elimination of major access on Blackhawk Road, drainage from the cemetery, potential median cut on Diffley Road, school bus pickup and drop off points on Blackhawk Road and access to the motel. He stated that the developer has redesigned the layout to a certain extent, has revised the restaurant location, and also noted the shopping center has 11 fewer parking stalls than required. It would require approximately a 1,400 square foot reduction for parking to comply. Peter Stalland appeared on behalf of the applicant and requested the four- story hotel variance be approved and that in the event that the hotel is lowered to three stories that a request will be made for a sign on the building. He also indicated that cross easements could be required to fulfill the parking requirements. Councilmember Wachter had a number of questions including the width of the service drive, what the "x" over the cemetery indicated, and it was noted that it indicated the proposed revision to the cemetery lot line layout. He also questioned whether Diffley Road access could be aligned directly north to the service area and the answer indicated that the access on Diffley Road is as far east as MnDOT would allow. Mayor Blomquist questioned the use of Lot 7 and it was indicated that it would only be used for pond area and will be dedicated to the City with no building permits to be permitted on that lot. She also questioned a proposed use for Lot 8 and asked that it be identified and be assured that no variances will be requested. Mr. Stalland stated that the proposed use is an 18,000 square foot office building and no variances will be required and further that the parking could be reflected to show that it would comply with the ordinance requirements. She also questioned whether hotel parking overlapped the Neighborhood Business zoned area and Mr. Runkle stated that seven spaces for the hotel parking would be outside the Roadside Business zoned area, but that there are more than enough spaces provided on the plan for the hotel. The Mayor also indicated that it was her opinion that the layout appeared to be too dense. Ralph Wagner, engineer, appeared for the applicant and stated that heavy screening will be provided between the townhouse units and the hotel parking lot. If the fourth story is eliminated, the number of rooms will be reduced as well as parking. A pylon sign will be applied for on the three-story hotel on the 35E side. A number of neighborhood residents were present and asked about the parking for the cemetery and the developer indicated that the access to the shopping center parking area would be permitted for cemetery visitors. 8 City Council Minutes June 4, 1985 One neighboring resident was concerned about the development of Lot 8 and also there it was recommended that major traffic be discouraged from the west and delineate the south access as a major access. There was also concern about the sight lines for the hotel at the three or four-story height. Kathryn King, a neighboring property owner, submitted a packet prepared by her husband objecting to certain aspects and making recommendations for revisions to the project. It was noted that the City Council cannot change the maximum speed limit and there was also discussion restricting the hours for any liquor licensee within the development. Steve Haas, a neighboring property owner, questioned whether there may have been a conflict of interest by Luther Stalland when the original zoning took place as he was acting as the Town Attorney at that time. Councilmember Egan stated it was his impression that the zoning cannot be removed even it was based upon alleged conflict of interest. Councilmember Smith noted that it was his opinion that the access road for the motel should be more clearly defined and also more clearly defined access to the northerly restaurant rather than winding through the parking area. Smith moved, Egan seconded the motion to approve the application for o ing subject to he following: ~rdrn>rr~y~1~. J `00 1. That a maximum three-story motel be allowed. 3. That no building permit shall be allowed for Lot 8 until the Planning Commission and City Council review and approve the layout with the understanding there will be no variances for building permits on that lot and that the lot be retained as an outlot at the time of the final plat approval. 4. That the final plat be reviewed by the City Council as a regular agenda item for final review. 5. All standard preliminary plat conditions shally apply. 6. All trash containers shall be stored on the interior of the shopping center and hotel. Trash containers shall be concealed with opaque screening on all other lots. 7. Extensive landscape screening and the usage of large scale plant material and other-bermning as necessary along the north property line and along the west property line shall be refected in the landscaping plan. Neighborhood meetings shall be held with residents, including Kathryn Circle, residents to the west, and residents to the north, prior to preparation of the landscaping plan. The landscape screening shall be installed prior to construction. The landscaping plan shall be reviewed and approved by City staff prior to final plat approval. 8. The discrepancy between the cemetery land and the applicant's land shall be resolved and the preliminary plat shall be adjusted to show the change. 9 City Council Minutes June 4, 1985 9. Rooftop mechanical equipment shall be concealed by a parapet wall or suitable screening. 10. A storm water detention pond shall be constructed on Lot 7 with a capacity of 1.4 acre feet. 11. A permit shall be obtained from MnDOT to perform grading within MnDOT subdivision. 12. The watermain shall be looped from Blackhawk Road to the Hillandale 2 subdivision. 13. The private road shall be 36 feet wide from Blackhawk Road to the hotel. 14. This development shall be responsible for upgrading the east side of Blackhawk Road from Diffley Road to its north property line. 15. A ponding easement shall be required over Lot 7 to accomodate 1.4 acre feet of storage. 16. This development shall be responsible for any unlevied trunk area related assessments or any upgrading of trunk area related assessments as necessary. 17. Blackhawk Road upgrading from the end of this development to Deerwood Drive shall be approved prior to final plat approval. 18. The applicant shall work with Dakota County to insure that the primary access to the development is from County Road #30 in view of the residential nature of Blackhawk Road. All members voted yes. SEE PLAT FILE Egan moved, Wachter seconded the motion to approve the following conditional use permits: driveup bank and service station, under the following conditions: 1. The applicant shall provide a proof of parking plan for the service station showing how parking could be expanded, if needed. 2. The bank shall provide stacking space for 20 vehicles. 3. All City ordinances and requirements shall be adhered to. All members voted affirmatively. 10 City Council Minutes June 4, 1985 BIRCH PARK FINAL PLAT AND CONTRACT #85-10 CONTRACT AWARD The final plat application for Birch Park Addition was continued by the City Council at its May 21, 1985, meeting to review the revision for future access from the Birch Park Addition's proposed Pilot Pointe subdivision. Sienna Corporation, the developer of Birch Park, has now proposed an easement for the westerly 80 feet of Lot 17, Block 6, Birch Park Addition, and a letter from Sienna Corporation dated May 29, 1985, indicating its conditions for the grant of the easement, other memoranda from City staff and the Consulting Engineer were also submitted. Mr. Hedges and Dale Runkle reviewed the changes and Jim Hill, engineer for the developer, was also present. Mr. Hill explained the proposed easements in the south from Deerwood along the west line of the Birch Park Addition and indicated the slopes in the neighborhood of 15° and noted the high water elevation had been increased thereby and recommended that the east/west access road from Denmark not be required to Pilot Pointe Addition. Councilmember Smith questioned whether the water level raising was approved by the City Council and the reason for the increase in level was to eliminate two storm sewer lift stations. Councilmember Smith stated he was not satisfied with the change. John Hankinson also appeared on behalf of the applicant and reviewed the proposed access to Pilot Pointe. Roger Fredlund appeared as an owner of the proposed Pilot Pointe Addition property and objected to the loss of access from the east and indicated the westerly access appeared to be too steep for practical purposes. Bob Honsa, an owner of the lot to the west in Skovdale Addition, stated that either access will require fill and in any event the access is very difficult from the east. Tom Bergin and other neighboring owners on the south side of Deerwood appeared and recommended a revised plat be prepared and resubmitted for Birch Park. Other alternates for access to Pilot Pointe Addition were reviewed including those from Pilot Knob Road. Mayor Blomquist moved to installing the north half of Deerwood Drive only and the south half of the right-of-way be improved when any lots on the south side of the right-of-way are subdivided or any portion of the lots are sold. There was no second and the motion died. Mr. Rosene recommended deferring sanitary sewer and water lateral assessments for the -property owners on the south side of Deerwood Drive but recommended the installation of the entire street because of the uneven terrain and the potential for damage to the property on the south side. After considerable discussion, there was no action on the application for approval of the contract #85-10. 11 City Council Minutes June 4, 1985 VOGY'S RESTAURANT - ON-SALE LIQUOR LICENSE The application of Albert Baker for on-sale liquor license for the Vogy's Restaurant location was continued from the last regular Council meeting. Mr. Baker was present and stated that he intended to completely remodel the building at the southwest intersection of Yankee Doodle Road and Pilot Knob Road and that the concept would be similar to the Ground Round restaurant that he owns in Burnsville. An August 5, 1985, reopening date was scheduled. Smith moved, Egan seconded the motion to approve the on-sale liquor license application with an effective date of July 1, 1985. All Councilmembers voted yes. TOWN CENTRE 70 AND 100 CONTRACT #85-8 The bids for Town Centre 70 and 100 street and utility improvements under Contract #85-8 were submitted to the Council at its May 21 meeting and the low bidder was Northdale Construction in the amount of $1,721,620.13. The staff recommended award of the contract and upon motion by Egan, seconded Wachter, it was Resolved that the contract be awarded to Northdale Construction Company according to its bid. All members voted in favor. LEXINGTON SOUTH SECOND ADDITION PRELIMINARY PLAT The application of U.S. Home Corporation for preliminary plat approval of Lexington South Second Addition including 41 single family homes on 12.16 acres was submitted to the Council for its consideration. Dale Runkle explained the application and noted that there was a net increase of 19 lots providing for revision of 41 single family lots. He noted that 16 single family lots will deviate from the 12,000 square foot lot area minimum and further, the Advisory Planning Commission, at its meeting on April 23, 1985, approved the application subject to certain conditions. The new concept will eliminate the homeowner's association and zero lot line concept and build only single family homes with normal setback. Mr. Hedges stated that the staff had concerns about the density of the lots and also the integrity of the area, noting that the plat originally had been approved because of the amenities that were provided and that the Park Committee had strong reservations about the revised plat. Mayor Blomquist noted that the Park Committee comments had not been considered by the Advisory Planning Commission at the last meeting. The Mayor further recommended a replat and respread of the lots so as not to impact the services to the park and that there be no increase in the net number of lots by the respread of the lot lines. It was further noted that the smallest lots would be 6,600 square feet. Robert Hoffman, attorney, appeared for the applicant and indicated that there had been a significant reduction in the south area from 360 to 134 units. It was noted that the private swimming pool would not work because only one lot had sold within that subdivision intended to provide for homeowner control of the swimming pool. The current lot size averages 10,000 square feet with 41 lots proposed and that the 19 new lots will be about 2,000 square feet in excess of the minimum lot size on the average. 12 City Council Minutes June 4, 1985 7 After discussion, Blomquist moved, Egan seconded the motion to approve the application subject, however, to the following: 1. The lot lines for the smallest lots shall be respread and revised to eliminate any additional lots within the entire subdivision. 2. The plat and development shall be controlled and developed by one company or builder as originally approved in 1984. 3. A revision to the Planned Development Agreement shall be executed modifying it to include this plan. 4. The plat shall be subject to the Park Committee's review and comment for the newly created lots. 5. Detailed grading and house plans shall be approved showing homes will fit on the lots created without variances. 6. A grading and ponding plan shall be reviewed and approved by the Engineering Department in order to insure enough capacity for storm water ponding. 7. All other conditions of the original approval shall apply. 8. The loss of ponding volume resulting from grading shall be compensated for, if necessary. 9. Vacation of any ponding easements shall be approved by the City. 10. All costs for public improvements shall be the sole responsibility of this developer. 11. This development shall be responsible for all unlevied trunk related assessments at rates in effect at the time of final platting. Those in favor were Egan, Wachter, and Blomquist, voting against were Smith and Thomas. SEE PLAT FILE KNOB HILL HEIGHTS SETBACK VARIANCE The application of- Dunn Real Estate Management for side yard setback variance for Lot 2, Block 2, of Knob Hill of Eagan next came before the Council. Tom Colbert appeared for the applicant and reviewed the reasons including that all the lots would be under one townhouse association and that one set of townhouses will be removed. The purpose is to allow parking in front of the garages. Thomas moved, Smith seconded the motion, all voted in favor subject to the following conditions: 1. That a minimum 30 feet shall be maintained between Lot 1 and Lot 2 structures. 2. All other ordinance requirements shall be complied with. All voted yes. 13 City Council Minutes June 4, 1985 PILOT KNOB HEIGHTS PLANNED DEVELOPMENT A request had been received from the Minneapolis Federation of Jewish Service to extend the Planned Development for Pilot Knob Heights P.D. concerning the applicant's land, part of Lot 1, Block 1, Pilot Knob Heights Addition, east of the First Bank of Eagan, until June, 1987. Mr. Herman Markowitz was present and stated that the owner expects that by that time the property will have been developed and sold. Blomquist moved, Wachter seconded the motion to approve the request. All voted yes. HOUSE MOVE RAHN SUNRISE ADDITION An application of Mr. Doug Ruth for special permit to move a house onto Lot 3, Block 1, Braun's Sunrise Addition, came before the Council. It was noted that the public hearing requirements had not been fulfilled and Wachter moved, Thomas seconded the motion to continue consideration of the application until the June 18, 1985, regular meeting. All voted yes. DAKOTA COUNTY H.R.A. HOUSING BUDGET FUND A Resolution prepared by the Dakota County HRA proposing that a fund be established by using fees generated from the issuance of multifamily housing revenue bonds whether issued by the County HRA or the City was considered by the Councilmembers. Fees would be used to undertake and assist future development of senior citizen family housing within the City of Eagan. Mark Alfors from the County HRA Department was present. He indicated that funds would be used exclusively for the City of Eagan. Smith moved, Egan seconded the motion to approve the Resolution establishing a fee of .08% of the principal amount of multifamily bond issues for the purpose of assisting future housing developments strictly within the City of Eagan. Further, to include those projects without final resolution. All voted in favor except Wachter who voted no. SPECIAL DEER HUNT A request from the Department of Natural Resources for a special deer hunt in Ft. Snelling State Park for November 23 and 24, 1985, was brought before the Council. Craig Cox, resource management specialist from the Minnesota DNR was present and Tom Hedges explained the request. It was also suggested that a special bow and arrow hunt be allowed within selected areas of the City. Egan moved, Wachter seconded the motion to approve the special deer hunt in Ft. Snelling State Park for November 23 and 24, 1985, according to City Ordinance. All voted in favor except Blomquist who voted no. After a discussion concerning a proposal for a broader hunt throughout the City, Smith moved, Thomas seconded the motion, to expand the deer hunting season in specified areas of the City of Eagan during the regular archery deer hunting season in 1985 in order to reduce the number of deer within the City. All voted yes except Blomquist who voted no. 14 City Council Minutes June 4, 1985 TRAMMEL CROW COMPANY BUILDING PERMIT EAGAN WOODS OFFICE PARK An application of Trammel Crow Company for authorization of a building permit for Eagan Woods Office Park prior to recording of the final plat was submitted. It was noted that the torrens proceeding has been commenced but is holding up the recording of the final plat. Smith moved, Thomas seconded a motion to approve the request for building permit in the form of a variance from City requirements knowing that it will not act as a precedent, and that the hardship was derived from the backlog at Dakota County District Court. All Councilmembers voted yea. WINDTREE FOURTH ADDITION AND WESTBURY THIRD ADDITION CONTRACT #85-11 Bids for Contract 485-11 concerning Windtree Third Addition and Westbury Fourth Addition had been received and the low bid was from M. Danner Trucking, Inc., in the amount of $269,541. The staff recommended approval. Egan moved, Wachter seconded the motion to approve the low bid and to authorize the award of the contract. All voted yes. LEXINGTON PLACE SOUTH CONTRACT #85-12 The low bid for the Lexington Place South street improvements has been received from Valley Paving Company in the amount of $200,525.75. U.S. Homes has asked for a continuance to negotiate with the potential buyer of the property. Wachter moved, Thomas seconded the motion to continue the award of the contract until the next regular meeting. All members voted yes. EAGAN SIGN PERMIT FEES Elmer Borgschatz, the temporary sign inspector, together with the Building Inspection Department has recommended a revision in the Sign Permit fees to provide for an initial fee with no annual renewals. Mr. Hedges mentioned that the staff recommended approval and Wachter moved, Thomas seconded the motion to approve the revised schedule of sign permit fees excluding pylon signs and outdoor advertising signs until further information has been submitted to the Council. All members voted affirmatively. CINNAMON RIDGE FOURTH, FIFTH, AND SIXTH ADDITIONS PRELIMINARY PLAT EXTENSION A request from James Zachman, developer of the Cinnamon Ridge Fourth, Fifth, and Sixth Additions, for extension of preliminary plat approval to August 1, 1985, came before the Council. Mr. Zachman was present and Tom Hedges indicated that the developer had not completed the park land development requirements. Blomquist moved, Egan seconded the motion to continue the consideration of the request for extension until all the park issues are resolved to the satisfaction of the City. All members voted yes. 15 City Council Minutes June 4, 1985 SAFARI SECOND ADDITION PROJECT #439 The Mayor reconvened the public hearing regarding street and utility improvements under Project #439 for Safari Second Addition. The developer was present and there were no objections. Egan moved, Wachter seconded the motion to close the hearing, order in the project, and authorize the preparation of plans and specifications. All members voted in favor. WESCOTT HILLS REVISED THIRD ADDITION FINAL PLAT Rich Hefti stated that the staff has reviewed the requirements for the final plat application for Wescott Hills Revised Third Addition. There were no objections. Mr. Teschida was present and Mr. Hefti recommended approval. Egan moved, Thomas seconded the motion to approve the application for final plat approval subject to compliance with all City requirements. All voted yes. R 85-35 JAMES HORNE TRAILER PERMIT The request from James Horne for renewal of the trailer permit on his property on Pilot Knob Road on a one-year basis was brought before the Council. Jim Horne was present. Wachter moved, Egan seconded the motion to approve the application for one additional year. All voted in favor except Smith who voted no. SIENNA CORPORATION - BIRCH PARK ADDITION John Hankinson reappeared before the Council and asked that the Council consider action on the application for final plat approval of Birch Park Addition, also the award of the contract for the street and utility improvements for the area. After discussion, Councilmembers indicated that they would take no further action during the Council meeting. They noted that area residents were not present and attempted to find a date that would be compatible with the necessary timing for the award of the contract and also when Councilmembers could be present. Blomquist moved, Egan seconded the motion to schedule consideration of the application for the final plat approval and for the bid award of Contract #85-10 at the special meeting of the City Council for June 11, 1985, at 7:00 p.m. at City Hall with the understanding that notice will be sent to all affected residents. All members voted yes. DIANE SAPP DOG KENNEL VARIANCE Councilmember Thomas submitted a request on behalf of Diane Sapp to allow four dogs at her residence in Eagan Hill Addition noting that one of the dogs was the companion of her elderly mother. Smith moved, Thomas seconded the motion to approve the request for variance of kennel license to allow for four dogs based upon the hardship mentioned above. All voted yes. 16 City Council Minutes June 4, 1985 CONTRACT #85-13 PROJECT #434 Mr. Hedges explained that the CTC Business Campus development project on the proposed Technology Drive area west of Pilot Knob Road now appears to be cancelled. It was noted, however, that the City incurred substantial expenses and that the developers of the project, Anderson and Astleford, guaranteed payment of all necessary expenses. Mr. Hedges was requested to forward a letter to the developers demanding payment. There were also questions regarding rezoning that has been approved and proposed acquisition of easements'and the grading for the Technology Drive area. In addition, bids have been advertised and staff recommended continuation of negotiations with MnDOT and further to prepare a revised feasibility report. Egan moved, Wachter seconded the motion to cancel the current bid advertisements and further to authorize preparation of a revised feasibility report and schedule a public hearing for July 2, 1985, at 7:00 p.m. at City Hall concerning the projects. All members voted in favor. BLACKHAWK LAKE WMO REPRESENTATIVE Mr. Hedges recommended that the Director of Public Works be appointed as Eagan's representative for Blackhawk Lake Watershed Management Organization Board of Managers and that Rich Hefti be appointed temporarily as representative. Blomquist moved, Wachter seconded the motion to approve the recommendation. All members voted in favor. PUBLIC WORKS DIRECTOR INTERVIEWS The City Administrator recommended that the City Council interview the final three candidates for the position of Public Works Director and a special meeting was scheduled for Wednesday, June 26, 1985, at 5:00 p.m. to interview the final candidates. SCHWANZ LAKE OUTLET CONTRACT #83-17 TREE LOSS CLAIM A claim for reimbursement by Gary Pietig of 4523 Oak Pond Circle for tree loss that occurred when LP33 flooded due to the high pond outlet constructed as part of Project #383. Staff and the consulting engineer have come up with a recommendation with partial contribution by the consulting engineer and the balance by the City in the sum of $5,442.35. Smith moved, Thomas seconded the motion to accept the recommendation and authorize the settlement described above. All voted in favor. WATER TREATMENT PLANT CHANGE ORDER NO. 11 A request for change order under Contract #83-01 for the water treatment facility consisting of Change Order No. 11 in three parts was submitted including an additional amount of $1,162 and staff recommended approval. Thomas moved, Egan seconded the motion to approve the change order as recommended. All members voted yea. 17 City Council Minutes June 4, 1985 1985 SEALCOAT PROJECT CONTRACT #85-17 A schedule of sealcoating for 1985 for a total of $120,000 under Contract #85-17 was submitted to the Council for its review and the staff recommended that the Council approve the proposal. Wachter moved, Egan seconded the motion to approve the recommendation for sealcoating for the year 1985. All members voted affirmatively. CENTURY ADDITION SELF-SERVICE CAR WASH Councilmember Smith moved, Thomas seconded the motion to reconsider the application for a self-service car wash in Century Addition on the basis that it appeared that the car wash would be compatible with the Neighborhood Business district in that location. All voted in favor except Blomquist and Egan. PARK SHELTER BUILDING ARCHITECT The Park and Recreation Committee has recommended after interviewing several architects for the design of the park shelter building, that Schwartz, Webber Architects be engaged for the design of the buildings. Blomquist moved, Egan seconded the motion to approve the recommendation. All voted in favor. CHECKLIST Egan moved, Wachter moved to approve the following checklist dated June 4, 1985 in the amount of $199,179.87. All members voted yes. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 1:00 a.m. All voted yea. City C rk 18