Loading...
06/18/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 18, 1985 A regular meeting of the Eagan City Council was held on Tuesday, June 18, 1985, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan, and Thomas. Also present were Assistant Public Works Director Hefti, City Attorney Hauge, City Administrator Hedges, Assistant City Engineer Hansen, and City Planner Runkle. AGENDA It was noted that the Blackhawk Townhouse apartment, Item J. on the Consent Agenda, regarding final plat approval, will be removed from that agenda for further consideration. Thomas moved, Smith seconded the motion to approve the agenda with the addition of the application of Zachman Homes for preliminary plat extension for Cinnamon Ridge 4th, 5th, and 6th Additions. All members voted yes. MINUTES June 4,1985 Wachter moved, Smith seconded the motion to approve the minutes as presented. All members voted in favor. 1984 COMPREHENSIVE ANNUAL FINANCIAL REPORT Gene VanOverbeke appeared and presented the 1984 Comprehensive Annual Financial Report to the City. He also introduced two representatives from Deloitte, Haskins and Sells and noted that copies had been distributed to the Councilmembers. There were comments and questions of the Council and after discussion Egan .moved, Wachter seconded the motion to approve the Annual Report as presented. All members voted yes. PARK AND RECREATION DEPARTMENT 1. Gang Mower Purchase. City Administrator Hedges stated that the City Park and Recreation Department has negotiated the purchase of a gang mower in the sum of $12,500 as authorized by the City Council. Egan moved, Wachter seconded the motion to acknowledge the actual costs of the gang mower. All voted in favor. 2. Park Naming. There has been a recommendation at recent City Council meetings to rename Schwanz Lake Park to Trapp Farm Park. A question was raised concerning the naming of an Eagan park unless the family is recognized for a certain duration of residency within the community. Wachter moved, Egan seconded the motion to authorize renaming Schwanz Lake Park to Trapp Farm Park. All voted yes. CABLE COMMISSION Mr. Hedges stated that a new administrator has been appointed for the Joint Cable Commission. City Council Minutes June 18, 1985 CONSENT AGENDA The following consent agenda items were referred to the City Council for action and it was recommended that approval be given to the following items: 1. Personnel Items. The following personnel items were submitted for consideration: A. Hiring of Clerk Typist. It was recommended that Deanna Kivi of 2053 Quartz Lane be hired to fill the position within the secretarial typing pool to replace Karen Finnegan who was promoted to Administrative Secretary. B. Bicycle Safety Patrol Cadet. It was recommended that Kathleen LaClair be hired to fill the position of bicycle safety patrol cadet. C. Summer Playground Personnel. A schedule of recommended summer playground personnel including those returning from last year and new personnel was recommended for approval by the City Council. D. City of Eagan Mileage Reimbursement Rate. It was recommended that the mileage reimbursement rate be set at $.205 per mile rather than $.25 as earlier recommended. The reason is that the IRS reimbursement rate is $.205 per mile and it was recommended that all City employees be reimbursed at the rate of $.205 per mile with the exception of City Planner Dale Runkle and Park and Recreation Programmer Dorothy Peterson, because of special utilization of their vehicles. E. Staff Accountant Position. The Director of Finance recommended that the Council authorize the recruitment of a staff accountant at the salary of $1,600 per month. 2. Contractor's Licenses. A schedule of contractors applying for licenses within the City was submitted and it was recommended that the applications be approved. 3. Water Booster Station Change Order No. 1. It was recommended that the Council approve Change Order No. 1 to Contract #84-13, Water Booster Station at Lexington Avenue in the amount of $1,302.41 and authorized the Mayor and Clerk to execute the related documents. 4. Cinnamon Ridge Preliminary Plat Extension. An application was received from Zachman Homes requesting an extension for the Cinnamon Ridge 4th, 5th, and 6th Additions to August 1, 1985. The staff has reviewed the park improvements and recommended the Council approve the request. 5. Spring Park Construction Change Order No. 1 - Contract #85-14. The Director of Parks and Recreation recommended approval of Change Order No. 1 for Spring Parks Construction Project #85-14 to modify curbing with a deduct in the amount of $1,898.10 for B 612 concrete curbing. 2 City Council Minutes June 18, 1985 6. Tennis Court Resurfacing Contract #84-21. It was recommended that the Council authorize the final payment for tennis court resurfacing in the amount of $9,892 for Contract #84-21. 7. Northview Athletic Field Lighting Contract #84-22. A final payment request has been made for the Northview Athletic Field lighting project and it was recommended that the Council accept Contract #84-22 and authorize final payment in the amount of $11,981.38. 8. Clearview Addition Easement Vacation. A petition from the owner of Lot 11 and a portion of Lot 12, Block 2, Clearview Addition, to vacate existing drainage and utility easements, has been received and it was recommended that the Council accept the petition and that the hearing be scheduled for July 16, 1985, at the Eagan Municipal Center at 7:00 p.m. 9. Sunset Fourth Addition Easement Vacation. A petition has also been received to vacate the eyebrow on Yorktown Place in Sunset Fourth Addition and it was recommended that the petition be received and that a hearing be scheduled on the application at the Eagan Municipal Center on July 16, 1985, at 7:00 p.m. 10. Eagandale Office Park Second Addition Final Plat. An application has been received from the developer of the Eagandale Office Park Second Addition, Opus Corporation, for final plat approval and it was recommended that approval be granted subject to compliance with all City requirements. R 85-37 11. Greg Ingraham Resignation. Greg Ingraham has resigned from his position as Planner I with the City of Eagan effective July 1, 1985, and intends to take a position with the Planning Department with the City of Bloomington. It was recommended that the resignation be accepted by the City Council. 12. Comserv Addition, Outlot A R.L. Johnson Excavation Permit. An application of R.L. Johnson for excavation permit, no. 17-125, for Outlot A of Comserv Addition was received and it was recommended that the application be approved subject to compliance with the necessary City requirements. 13. Blackhawk Glen Excavation Permit. Application 16135 submitted by Sienna Corporation for Blackhawk Glen has been received and it was recommended that the City Council approve the application subject to compliance with necessary City ordinance requirements. 14. Royal Oak Circle Plans and Specifications Contract #85-15. The plans and specifications for Contract #85-15 consisting of street and utility improvements for Royal Oak Circle Addition have been submitted to the City and it was recommended that the plans and specifications be approved-and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on July 11, 1985. 15. U.P.S. Street and Utility Improvements Contract #85-18. Plans and specifications for the U.P.S. Street and Utility Improvements have been submitted and the staff recommended that they be approved and that the Clerk be directed to advertise for a bid opening for 10:30 a.m. on Friday, July 12, 1985, at the City Hall. 3 City Council Minutes June 18, 1985 16. Coachman Road Project #451. A petition has been received from the developer of the Hampton Heights project and it was recommended that the petition be received, that the feasibility report be ordered to be prepared by the City Consulting Engineer for the improvements. 17. Holland Lake Trunk Storm Sewer Project #444. The feasibility report for Project #444 has now been prepared covering Holland Lake area trunk storm sewer and it was recommended that a public hearing be scheduled for August 6, 1985, at the Eagan Municipal Center, at 7:00 p.m. 18. Country Club Market Driveway Improvements Project #449. A feasibility report has also been prepared covering the Country Club Market driveway improvements near Cedarvale Boulevard under Project #449. It was recommended that the public hearing be scheduled for July 16, 1985, at 7:00 p.m. at the Eagan Municipal Center. 19. Johannes Addition Project #431. The feasibility report regarding Project #431 covering trunk storm sewer in the Johannes Addition has been completed and it was recommended that the report be accepted and that the public hearing be scheduled for August 6, 1985, at 7:00 p.m. at the Eagan Municipal center. 20. Lone Oak Trunk Watermain Project #447. A feasibility report for Project #447 has been completed by the consulting engineer and it was recommended that the report be received and that a public hearing be scheduled by the City Clerk for July 16, 1985, at the Eagan Municipal Center at 7:00 p.m. 21. Pond LP-55 Outlet Project #448. The trunk storm sewer outlet feasibility report for Pond LP-55 under Project #448 has been prepared covering the area in the neighborhood of Oak Chase Second Addition and it was recommended that the Council schedule a public hearing for July 16, 1985, at 7:00 p.m. at the Eagan City Hall. 22. Pine Ridge Drive Project #414. The feasibility report for Pine Ridge Drive under Project #414 consisting of street reconstruction has been submitted by the City Consulting Engineer and it was recommended that the public hearing be scheduled for 7:00 p.m. on July 16, 1985, at the Eagan Municipal Center. 23. Contract #83-17 Final Payment. The final payment was requested by Austin Keller Construction Company in the amount of $2,511 for Contract #83-17 consisting of improvements in the Borchert Ingersoll Pond, Hurley Lake, and Schwanz Lake outlets and it was recommended that the final payment be approved and that the project be accepted for perpetual maintenance. Wachter moved, Egan seconded the motion to approve the foregoing Consent Agenda items and order their implementation by the City staff. All members voted affirmatively. 4 City Council Minutes June 18, 1985 BLACKHAWK TOWNHOUSE APARTMENT PROJECT The application of the developer of the Blackhawk Townhouse Apartment project for final plat approval has been submitted by Sharevest and a request from Mr. Douglas Johnson of Sharevest for a building permit for a model unit or rental office, identified on the site as "D" building and also the pool building was submitted to the Council. Councilmembers indicated that there were some additional requests made of the developer prior to final plat approval and upon motion by Blomquist, seconded Egan, it was Resolved that the application be continued until the next regular meeting to allow the staff to research the issues required to be completed before final plat approval. All members voted yes. WILLIAM BRANCH RESIGNATION Tom Hedges discussed with the Council a recommendation that the resignation of Bill Branch be extended from July 31, 1985, to August 31, 1985, with the concurrence of Mr. Branch. Smith moved, Wachter seconded the motion to extend the termination date to August 31, 1985. All voted yes. WESCOTT HILLS FOURTH ADDITION MULTIFAMILY REVENUE BOND HEARING Mayor Bea Blomquist convened the public hearing regarding the application of the developers of Wescott Hills Fourth Addition for $2,100,000 in multifamily housing revenue bonds. Mr. Hedges briefly explained the proposal and noted that the Council policy is to induce not more than 80% of the market value appraisal and Miller and Schroeder based upon the appraisal recommended a reduction in the project amount to $1,880,000. A report from Marsha Cohodes of Miller and Schroeder Municipals, Inc., was submitted with the packet information as well as an appraisal from Shenehon & Associates, Inc., covering the project. There were no objections to the project and based upon the appraisals, after discussion Smith moved, Thomas seconded a motion to close the hearing and approve the issuance of the multifamily housing revenue bonds for Wescott Hills Fourth Addition in the amount of $1,880,000 subject to compliance with all City requirements. All members voted in favor. WERNER LEMBKE CONDITIONAL USE PERMIT WESCOTT ROAD Mr. Hedges stated that a complaint had been received from West Publishing Company regarding the condition of the Werner Lembke property on the north side of Wescott Road. He noted that two letters had been sent by City staff to Mr. Lembke and compliance with the conditions outlined in the conditional use permit issued by the City of Eagan on April 19, 1983, had not been completed. Mr. Lembke was present and Dale Runkle backgrounded the Council regarding the complaints and indicated that a berm had been installed but no landscaping to date. It was noted that storage is scattered around the site. Mr. Lembke stated that it would take about two months to comply with the requirements of the City. Steve Bryant of West Publishing Company was present and objected to the condition of the property and noted that the owner had not complied with the contract with the City of 1983. He indicated that the entire property is 5 City Council Minutes p.w June 18, 1985 used to store trucks, trailers and parts and opposed extending time to allow Mr. Lembke to comply with the conditional use requirements. After discussion, Smith moved, Egan seconded a motion to continue consideration by the City Council of the proposed cancellation of the conditional use permit based upon noncompliance with its conditions until the July 16, 1985, regular meeting. All voted yea. LEXINGTON PLACE SOUTH SECOND ADDITION REVISED PRELIMINARY PLAT The application of U.S. Homes Corporation for revised preliminary plat of Lexington Place South Second Addition came before the Council. It was noted by Mr. Hedges that the Council had at its June 4, 1985, meeting approved the application subject to revision of the subdivision to provide for fewer single family lots. Dale Runkle reviewed the proposed revisions including three alternates with the City Council. These provided for revising existing lot lines, extending lot lines from the already created lots within Outlots A and C proposed to be replatted, or replatting Outlots A and C into 16 lots rather than 19 originally proposed. Mayor Blomquist questioned whether the park issue could be resolved and stated it was her opinion that the development was still too dense according to the final proposal. Councilmember Wachter favored platting land to avoid tax forfeiture but was concerned about the water level within the Outlots noting that there are existing ponds within the Outlots. Representatives of U.S. Homes were present and after discussion, Egan moved, Wachter seconded a motion to refer consideration of the replat of Outlots A and C to the Advisory Park and Recreation Committee for review at its request to determine whether the Outlots would be desirable for park and open space and further to review the dedication requirements of the subdivision. All members voted yes. SEE PLAT FILE CENTURY ADDITION DEAN FULMER SELF SERVICE CAR WASH The application of Dean Fulmer for a conditional use permit to allow a self-service car wash in Century Addition at the northwest corner of Yankee Doodle Road and Coachman Road again came before the Council. Mr. Hedges noted that the City Council had adopted a motion to reconsider at its last meeting. Councilmember Smith stated that the car wash is not a permitted use in the NB zone but the proposed uses within the neighborhood are not typical Neighborhood Business uses including a real estate office and funeral home, therefore, the self-service car wash may qualify in the location but would not generally qualify for a Neighborhood Business use. Councilmember Egan was concerned about the car wash in a predominantly residential area because of the nature of the business. Councilmember Thomas stated that the car wash can be kept neat and also that there is a need for it in the general area and spoke in favor of the application. Dean Fulmer and Don Klober were present on behalf of the applicant. Mr. Fulmer stated that he has provided a rough landscaping plan and displayed it to the Council. He said that he prefered plan A which would require a setback variance from the north property line. After extended discussion Thomas moved, Smith seconded a motion to approve the application with the plan A proposal being implemented including a variance and also that all other conditions imposed by the City be required; further, that it is understood that the car wash within the NB zone is not normally considered a Neighborhood 6 City Council Minutes June 18, 1985 6 Business use but under the present circumstances would qualify within the subdivision. Those in favor were Thomas and Smith. Those against were Wachter, Egan and Blomquist. Reason for the opposition included that it appeared to be too close to the residential area to the north and that the car wash is not a permitted or conditional use within a Neighborhood Business category. HOUSING AND REDEVELOPMENT AUTHORITY CINNAMON RIDGE PROJECT Councilmember Egan moved, Wachter seconded the motion to adjourn the City Council meeting and to convene as the Eagan Housing and Redevelopment Authority. All members voted yea. After convening of the HRA meeting, the Mayor announced that the Authority would consider an interest rate reduction program for the Cinnamon Ridge project/Can-American multifamily housing project. The tax increment financing district plan and interest rate reduction plan for Cinnamon Ridge housing project had been completed and were submitted to the HRA for review. Tom Hedges reviewed the proposal with the City Council and noted that Marsha Cohodes of Miller and Schroeder and Stan Kiehl of Holmes and Graven, Attorneys, were present. There were certain questions including the size of the project and it was mentioned that the project includes a $12,500,000 multi-family housing revenue bond issue that has been approved by the Council. It was noted that the City can require an assessment agreement under the plan, and that the City will share in the equity of the project. Councilmember Wachter stated that it was his opinion that the project and the site do not warrant tax increment financing and that it is not a proper location for multifamily housing utilizing tax increment financing. Councilmember Smith indicated that it is an inducement to build if the project would not otherwise be built and the real estate tax differetial will be recaptured at the end of ten years, noting that the City will share 50% in the equity. There were no objections from members of the audience present. Councilmember Smith moved, Councilmember Egan seconded the motion to approve the resolution and recommend the plan to the City Council. Those in favor were Egan, Thomas and Smith. Those against were Wachter and Blomquist. Councilmember Smith stated that there were several concerns of the Council including the agreement regarding assessments and also requested that examples be provided if the rate of return is adjusted in different amounts. Egan then moved, Wachter seconded the motion to adjourn the HRA. All voted yes and the City Council meeting was reconvened. CINNAMON RIDGE PROJECT INTEREST RATE REDUCTION PROGRAM The Mayor noted the HRA action was affirmative and therefore requested a motion to set a public hearing for the July 2, 1985, City Council meeting to consider tax increment financing plan covering the Cinnamon Ridge housing project. Egan moved, Thomas seconded the motion to schedule the public hearing as requested at 7:00 p.m. at the Eagan Municipal Center on July 2, 1985. All voted in favor. 7 City Council Minutes June 18, 1985 EAGLES NEST VILLAGE PRELIMINARY PLAT The application of MC.R.S. Industries, Inc., for preliminary plat approval of Eagles Nest Village located in Block 1 of Meadowlands First Addition then came before the Council. It was noted that the Advisory_Planning Commission at its May 28, 1985, meeting recommended approval of the 14 townhouse unit project on 1.4 acres to be constructed as handicapped accessible. Mr. Hedges introduced the project and Dale Runkle detailed the application and reviewed the Planning Commission action. He stated that most of the oak trees would be removed to provide a level area for the proposal, noting that the land consists of a knoll which slopes to the southwest and northeast. The 14-unit townhouse would consist of a four unit reduction from the 1983 plan. The total building area would be 33% where the standard building coverage maximum is 20% for R-IV zones. A double garage is being provided for each unit. Dennis Bowman of 4386 Bear Path Trail appeared and mentioned that a letter had been submitted to the Council from a number of neighboring owners objecting to the use. Topography was one of the main objections. Mr. Hefti stated that the drainage must be changed to drain to Rahn Road, and that any debris that may be buried must be removed. Representatives of the developer were present and discussed the retaining wall along the north side. Councilmember Wachter stated it was his opinion that it would be spot zoning and that the use differs from that originally approved by the City Council. Betty Bassett was present as well as her son, Gene Bassett, who made presentations. They stated they attempted to get financing for handicapped housing over a number of years and have not been successful in doing so. Todd Stone, a neighboring owner, stated that some of the neighbors were mislead regarding the use of the parcels, assuming it was R-1. Jim McMahon, the developer, was present and stated that the developer had sent letters to the neighboring owners and held an informal meeting on May 13 with certain neighbors. Other neighboring owners also appeared and objected. There was discussion concerning the potential reduction from double to single garage for each unit but it was noted that for handicapped purposes it was desirable to have a double garage. Mr. McMahon stated that each building will be constructed when all units are sold within that building. There were questions concerning the proposed requirement that all units be occupied by handicapped persons and-City Attorney Paul Hauge stated that although state law does not appear to prohibit it, the City would very likely be open to objection from owners or the developer. After a lengthy discussion, Smith moved, Egan seconded a motion to approve the application with the following conditions: 1. There shall be a five-foot setback along the garage side. 2. Additional visitor parking shall be provided as shown on the plan. 3. The homeowners association shall provide for additional parking if needed. 8 City Council Minutes June 18, 1985 4. Each unit shall be owned or occupied by at least one handicapped person within the meaning of the Minnesota Human Rights Act. 5. Five visitor parking spaces shall be provided on site with signage designating them as such. 6. A detailed landscape plan shall be prepared showing species size and location for all plant material. Special attention shall be paid to landscaping due to the "tightness" of this development. An adequate landscaping bond ($10,000) shall be held until one year after the landscaping is installed. 7. All trash containers shall be stored inside the garages or suitably screened. 8. The garage layout shall be modified to break up the mass along the north property line. 9. All standard Eagan preliminary plat conditions shall be adhered to by the developer. All voted in favor except Wachter who voted against. SEE PLAT FILE O'NEIL CENTER REZONING The next application was brought before the City Council at 8:50 p.m. and it concerned the application of R.J. O'Neil to rezone from A, Agricultural to PD, Planned Development, covering approximately 100 acres of commercial uses at the northwest intersection of Lexington Avenue and Yankee Doodle Road. The proposal would include limited business, roadside business, and high tech office/warehouse, road right-f-way and ponding easements. Mr. Hedges introduced the subject and Dale Runkle reviewed the application to the City Council and noted that the Advisory Planning Commission at its meeting on May 28, 1985, recommended denial of the application for reasons included in its minutes. Mr. Runkle indicated that one of the reasons for the submission of the proposal by the owner is the request of the City to acquire two storm sewer ponds within the property. The Comprehensive Guide Plan designates the property as R-III, mixed residential with a density of 6-12 dwelling units per acre and it was noted that the Comprehensive Guide in 1974 and 1980 designated theproperty as R-III. The report submitted by the staff detailed the application at great length including the accesses onto Yankee Doodle Road and also the sanitary sewer capacity for the property. It was further noted that one of the reasons that the applicant submitted his application was because of the development south of Yankee Doodle Road consisting of the Town Centre 70 and Town Centre 100 developments. Harold Sheff, attorney, appeared on behalf of Mr. and Mrs. O'Neil who were also present. In addition, John Klein and Bill Price appeared for the applicant. Mr. Sheff explained the zoning and the Comprehensive Guide designation and noted that 186 acres are designated for high density residential including O'Neil's property in the general area. Mr. Sheff stated 9 City Council Minutes June 18, 1985 that it was his opinion that the Planning Commission Member who moved to recommend denial did not state conditions in his motion. He noted that according to his information the City does not have a policy prohibiting further commercial zoning and also that attorney McMenomy had submitted a letter in January of 1981 objecting to the designation of 125 acres of R-III in the Comprehensive Plan, adopted by the City Council in 1980. Mayor Blomquist read several sections from the Comprehensive Guide concerning zoning for commercial uses. Bill Price of Suburban-Engineering made a presentation and explained the uses around the parcel and stated that the City would need permanent ponding on the property. He also discussed the third pond as a part of the master plan for the City at the northerly portion of the O'Neil land and mentioned that the developer will accomodate the City in granting the ponding easement. He further reviewed the proposed street pattern and the uses including high tech office uses and noted that office warehouse is a common use in many areas. He mentioned that there are four sanitary sewer accesses to the property and in the event that the use is revised from multifamily to commercial that it would not be necessary to revamp the sanitary sewer system to accomodate the system. John Klein also appeared for the applicant and detailed the potential number of apartment units within one-half mile of the site and stated that there would be 5,023 multifamily units including 2,244 within this project. With the rezoning to commercial use 1,224 apartment units would be removed with 3,799 units remaining. He discussed the impact of I-35E and the traffic counts also on Yankee Doodle Road and noted it was the highest traffic area within the City. He also stated that all land around the interchanges throughout the City along I-35E are commercial/industrial uses with the exception of the O'Neil parcel, and also along the Burnsville border in the River Hills area. He reviewed the Citizen's League report regarding the related position of the City of Eagan relating to real estate taxes throughout the metropolitan area and noted that the revision to commercial use would enhance the City's tax base. There were questions from City Councilmembers and Councilmember Egan noted that the 100 acres would provide for about 1,000 housing units if there were 10 housing units on the average per acre for the 100 acre parcels. He further indicated that he had--not seen a proposal submitted to the City with as much detail that did not provide for a preliminary plat application and normally the City Council does not approve rezoning without specific uses or preliminary plats being submitted. Mr. Sheff stated that the applicant will discuss the dedication of the ponds to the City but there is no guarantee that they will be given to the City. Wachter then made a motion to approve the application. Mayor Blomquist was concerned about the uses around the parcel and stated that it was her opinion that the uses do not blend smoothly with the surrounding uses. She also noted that there was an excessive amount of land that had been zoned prior to designation for specific uses throughout the City many years ago. 10 City Council Minutes June 18, 1985 The staging would be for dedication of ponds initially, then the submission of a street plan and within one year it is expected that some parcels will be sold and developed, according to the developer. Parcels E and F would be developed first according to the owner's representatives present. Councilmember Smith stated that he would second Mr. Wachter's motion with the conditions that Parcel J is left as an outlet without rezoning to determine later what use would be most appropriate for that parcel and further that the cul-de-sac within Parcel J provide for access directly to the north. Councilmember Egan recommended downzoning the north 20 acres to an R-3 use. Mr. Sheff stated that the three foregoing proposals would be acceptable to Mr. O'Neil and further that the two ponding easements will be dedicated to the City without cost by the O'Neils if the rezoning is accomplished according to the proposal and including the provisions described above. Councilmember Smith also stated that one condition would be the dedication of all three ponds to the City without cost. Mr. Sheff stated that if the application is approved with the revisions included in the motion, Mr. N'Neil will grant the three ponding easements according to City requirements to the City without cost. Those in favor were Wachter, Thomas and Smith. Those against were Blomquist and Egan. Mayor Blomquist stated that she voted no including the fact that the proposed is too vague, that the specific uses have not been determined by the applicant. It was noted that the application was denied because of the requirement for a 4/5 vote under the state and City zoning requirements. At 10:20 p.m. Blomquist then moved, Egan seconded the motion to refer the application to the Advisory Planning Commission to review the application including the following revisions: 1. That the northerly 20 acres be downzoned to R-3 use. 2. That more specific uses be detailed by the developer for the property. 3. That the density of some of the commercial parcels be reduced. 4. That Parcel J at the northeast corner be retained under the Agricultural zoning category with no current designation and further that the cul-de-sac within Parcel J at the northeast corner be designed so that it can be extended northerly. All members voted in favor. SUNSET EIGHTH ADDITION PRELIMINARY PLAT The application of Tri-Land Company and Brad Swenson for preliminary plat approval of Sunset Eighth Addition was submitted to the Council. The proposal would include three single family lots covering Lot 7 of Sunset Third Addition. In 1983 the owner submitted a request to plat Sunset Third Addition consisting of seven single family lots with Lot 7 including the residence for the owners, Mr. and Mrs. Tom Rice. There was discussion concerning the triangular Lot 2 and it was proposed to revise the north lot line to make the lot more rectangular. Mr. Runkle explained the application and Mr. and Mrs. Rice were present. After discussion Wachter moved, Egan seconded the motion to approve the application noting that the Advisory Planning Commission recommended approval subject to the following conditions: 11 City Council Minutes June 18, 1985 1. No variance shall be allowed for Lot 2. 2. A front-yard variance for Lot 1 shall be allowed only if necessary and only if approved by City staff and not to'exceed 10 feet. 3. All standard City plat requirements shall apply. 4. Thirty-foot half right-of-way shall be dedicated on the plat for Golden Meadow Road. 5. All general engineering recommendations which aply to this development shall be adhered to. All members voted yea. SEE PLAT FILE WESTBURY FIRST ADDITION WAIVER OF PLAT AND VARIANCE The application of David Gabbert for waiver of plat to adjust the side lot line between Lots 5 and 6, Block 5, Westbury First Addition and setback variance came before the Council. The public hearing was held by the Advisory Planning Commission at its May 28, 1985, hearing and it was recommended that the application be approved subject to conditions. There was no appearance on behalf of the applicant and Blomquist moved, Egan seconded the motion to continue the application until the next regular meeting. All members voted in favor. NORDQUIST SIGN COMPANY E Z AIR PARK CONDITIONAL USE PERMIT The application of Nordquist Sign Company for a conditional use permit for a 27-foot high pylon sign to be located on part of the Plainview Addition for the E Z Air Park remote parking facility came before the Council. There was no appearance by the applicant and Blomquist moved, Wachter seconded the motion to continue the application until the next regular meeting. All voted yes. DOUGLAS RUTH HOUSE MOVING SPECIAL PERMIT The application of Douglas Ruth for a special permit to move a single family house onto Lot 3, Block 1, Braun's Sunrise Addition was brought before the Council. The public hearing was convened by the Mayor and Dale Runkle explained the proposal briefly noting the home will be moved from the Eden Prairie area to Eagan. Doug Ruth was present as were several neighboring property owners, some of whom had questions and concerns about whether the home would appropriately fit onto the very steep lot. Mr. Ruth stated that there would be a provision for a three-car tuck under garage for the 2,240 square foot first floor residence. Mr. Ruth indicated that not all trees will be taken out and the house mover has assured him that the house can be moved onto the lot properly. Smith moved, Wachter seconded a motion to approve the application subject to the following conditions: 1. No variances shall be allowed for side setbacks on Lot 3, Block 1, Brauns Sunrise Addition. 12 City Council Minutes June 18, 1985 2. The structure shall be reviewed and brought into compliance with all building related codes for the City of Eagan. 3. A site grading plan shall be submitted to determine how the house will fit on Lot 3, Block 1, Brauns Sunrise Addition. 4. All other City requirements shall be complied with. ALL Councilmembers voted affirmatively. ROBERT LANCOWSKI SPECIAL PERMIT TO MOVE A HOUSE COUNTRY HOME HEIGHTS The public hearing regarding the application of Robert Lancowski for a special permit to allow a house to be moved onto Lot 16, Block 5, Country Home Heights Addition was convened by Mayor Blomquist. Dale Runkle explained the application and noted that the house will be moved from the Norwest Bank site on Pilot Knob Road. Several neighboring property owners appeared with questions and also concerns that trees will have to be moved and stated that the house would not be an asset to the community and would be detrimental to the rest of the single family residential sites around it. Councilmember Egan vacated his Council chair and noted that there was a pipeline running through the property and also stated that a single family home had been moved onto a lot nearby on Pilot Knob Road and has become an eyesore to the community. He stated that generally the lots surrounding the parcel have new homes on them and the access to the lot will be by gravel street. Robert Lancowski was also present and stated that the house could fit onto the lot in spite of the gasline easement. There was discusion regarding the application and Smith moved to continue the application to allow the applicant to meet with the neighbors to attempt to answer their concerns. There was no second and the motion died. Wachter then moved to approve the application based upon assurances by the applicant to improve the residence. There was no second and the motion died. Smith then moved, Thomas seconded the motion to approve the application subject to the following conditions: 1. That the developer will hold a convenient meeting with the neighbors and in the event that the staff is convinced that the majority of the neighboring owners within 350 feet of the property favor the application, then the Council will approve with the following conditions: A. The home shall be brought into compliance with all City codes including electrical installation and all other building related requirements. B. No variances shall be allowed for the lot where the home is proposed to be located unless it is for vegetation reasons. C. This application shall be subject to all other City Code requirements for moving a house to the site. In the event that there are fewer than a majority of the owners favoring the project that the application will be denied for reasons stated above. All members voted in favor except Councilmember Egan who abstained. 13 City Council Minutes June 18, 1985 Q PETROLEUM VARIANCE NICOLS ROAD The application of Q Petroleum Corporation for a variance to allow construction of an overhead canopy on the front setback area at its location on Nicols Road was brought to the Council. There was no appearance on behalf of the applicant and Wachter moved, Smith seconded the motion to continue the application until the next regular meeting. All voted in favor. LUNDGREN BROTHERS SPECIAL PERMIT FOR BLACKHAWK GLEN The application of Lundgren Brothers Construction Company for a special permit to allow a temporary sales office to be located on Lot 43, Block 4, Blackhawk Glen, came to the Council. The request is being made for the temporary sales office during the time that the grading is being done within the plat and when the grading has been completed and the model home constructed the temporary sales office will be removed. Representatives appeared on behalf of Lundgren Brothers. Wachter moved, Smith seconded a motion to approve the application subject to the following conditions: 1. A detailed site plan shall be submitted showing the location of the trailer. 2. The Council shall make a determination to allow on-street parking or requirement for off-street parking of four vehicles and adequate setback from the right-of-way. 3. The temporary sales office shall be removed with the completion of the first home in the subdivision. 4. All other City Codes shall be adhered to. All members voted yea. KNOB HILL TEMPORARY ADVERTISING SIGNS An application of Coldwell Banker for permit for two temporary advertising signs for Knob Hill Addition were submitted to the Council. It was noted that in July of 1984 a special permit to allow three temporary advertising signs for the Thomas Lake Heights Development was approved. Coldwell Banker has requested that these signs be converted to advertise the Knob Hill residential development on Diffley Road. It was noted that since one of the old Thomas Lake Heights signs was located on the Knob Hill property, no special permit is necessary for that location. Councilmembers indicated that the policy of the Council is that only two signs be permitted per development. Egan moved, Wachter seconded the motion to approve the application with the understanding that only two signs will be permitted and further subject to the following conditions: 1. The signs shall be located at least 10 feet from any property line. 2. The face areas of the signs shall not exceed 64 and 32 square feet respectively. 14 City Council Minutes June 18, 1985 4 3. The special permit shall have a maximum duration of two years. 4. The signs shall be no higher than 12 feet and 8 feet respectively. 5. The signs shall not obstruct sight distances or traffic visibility. 6. The applicant shall obtain written permission of the property owners where the signs are to be located. All members voted yes. ROSE HILL ADDITION VARIANCE The application of Elliot Libman for a 20-foot front setback variance for construction of a residence on Lot 10, Block 1, Rose Hill Addition, came before the Council. The hardship included the fact that there is a very steep slope at the rear of the yard. Councilmembers noted that other lots within Rose Hill Addition may also likely require a variance and Wachter moved, Egan seconded the motion to approve the application subject to compliance with all other City requirements. All voted yes. Smith then moved, Wachter seconded a motion to allow variances for setback purposes within Rose Hill Addition where the staff determines that hardship exists due to terrain and topographical reasons. All voted in favor. LEXINGTON PLACE SOUTH CONTRACT #85-12 The bids covering Contract #85-12, Lexington South street improvements were received and it was recommended at the June 4 meeting that the award of the contract be continued at the request of the developer, Orrin Thompson Homes. The developer is now requesting that the City Council proceed with the award of the contract and upon motion by Smith, seconded by Thomas, it was Resolved that the low bid from Valley Paving Company in the sum of $200,525.75 be awarded and authorized the Mayor and City Clerk to execute the contract documents and further to authorize the respreading of assessments within the project with the understanding the City will be reimbursed for the cost of respreading and further the developer and owner will waive all objections to the assessments and waive the right to appeal from the special assessments levied by the City Council. All members voted yes. Jim Nervig was present and agreed with the conditions on behalf of U.S. Homes. EAGAN WOODS-AND SAFARI SECOND ADDITION CONTRACT #85-15 The bids covering City Contract #85-16 relating to utility and street improvements for Eagan Woods Office Park under Project #425 and Safari Second Addition under Project #439 were brought to the Council by the Public Works Department. The low bidder was M. Danner trucking in the sum of $147,368.40 and it was recommended that the contract be awarded to the low bidder. Thomas moved, Wachter seconded the motion to approve the recommendation and to authorize the award of the contract to M. Danner trucking. All members voted yes. 15 City Council Minutes June 18, 1985 NEW DEVELOPMENT FINANCIAL GUARANTEES Mr. Hedges stated that the staff has been reevaluating the overhead percentage used to determine financial guarantee amounts for developer installed improvements within the City of Eagan. Upon reviewing the request of several developers for reduction in the amount, staff has indicated that it may not be appropriate to assess a straight 30% overhead for determining financial guarantee amount required by the developer and recommended the overhead policy be modified as follows: 1. Use a sliding scale to determine engineering fees. 2. Allow a credit to developers installing public improvements under private contract for design and engineering fees. It was noted that design and engineering fees and construction interest are not found in public improvement costs when improvements are installed by the developer and recommended that those two items be deducted with the following recommendation: 1. Recommend that a 25% overhead factor be used for public improvements installed under City contracts when construction costs exceed $500,000. 2. When public improvements installed by the developer exceed $500,000 the overhead factor may be reduced by 20%. 3. When public improvements are installed by the developer and construction costs are less than $500,000 the factor could be reduced to 25%. Upon motion by Smith, seconded by Wachter, it was Resolved that the foregoing recommendations by staff be and they hereby are approved and ordered to be implemented. PILOT KNOB ROAD CLOSING Jim Minar, the Minnesota Department of Transportation Project Engineer on the I-35E project within Eagan, appeared and noted that MnDOT is proposing to close Pilot Knob Road between July 22 and August 9, 1985, in order to ensure completion of I-35E to be opened in November of 1985. He noted that in late 1984 the contractors were required to relocate some utilities and progress has slowed down on the projects. Several alternate locations were discussed and also safety precautions including special patroling at the intersection of Wescott Road and Lexington Avenue were reviewed. Special signs will be installed by MnDOT. Wachter moved, Egan seconded the motion to approve the request of MnDOT to close Pilot Knob Road from July 22 through August 9, 1985, with the above listed conditions. All voted yes. - 16 City Council Minutes June 18, 1985 TECHNOLOGY DRIVE PROJECT #434 An addendum to the feasibility report was submitted by the consulting engineer covering Project #434 regarding street improvements for Technology Drive and it was recommended that in light of the fact that the developer of the CTC Business Campus has now abandoned the project, that the Technology Drive improvements also be dropped. Thomas moved, Wachter seconded the motion to terminate Project #434 and to notify the developer of default under the Development Contract. All voted in favor. POND AP 50 OUTLET PROJECT #452 A petition has been received from the owners and developers of the Cedar Cliff Commercial Park Second Addition requesting a feasibility report for a positive gravity outlet construction to Pond AP 50. Egan moved, Wachter seconded the motion to receive the petition and order the consulting engineer to prepare a feasibility report. All members voted yes. ROBINS ADDITION PROJECT #453 The staff has received a petition from the developers of Robins Addition located between T.H. 149 and Blue Gentian Road for the installation of streets, sanitary sewer, and watermain. The staff recommended that the Council receive the petition and authorize the preparation of a feasibility report for the project. Egan moved, Wachter seconded the motion to approve and authorize the implementation of the staff recommendation. All voted yes. MILLWORK AT EAGAN EXCAVATION PERMIT NO. 19-105 A request has been received from Donald Prettyman for excavation permit No. 19-105 for the proposed construction of a warehouse lumberyard on Millwork Barn property near Beau D' Rue Drive. The staff recommended approval. Thomas moved, Egan seconded the motion to approve the recommendation subject to compliance with City requirements. All voted in favor. S & W INDUSTRIAL ACRES Karla Wahl, attorney, appeared on behalf of her client, Mega, Inc., and served the City Council with a Summons and Complaint naming the City as defendant in an action to recover funds under Project #430 regarding improvements in the S &W Industrial Acres on Highway #13. Ms. Wahl requested the City Council defer payment of approximately $8,000 to Jedlicki, Inc., the contractor under the project, pending the resolution of the legal action brought by Mega, Inc. It was noted that there appeared to be no legal requirement for the City Council to retain the funds and Thomas moved, Smith seconded the motion to withhold payment of the sum due Jedlicki, Inc., for up to two weeks provided, however, that the Plaintiff, Mega, Inc., submits an agreement holding the City harmless from any and all claims that may result from the withholding of the funds. All members voted yes. 17 City Council Minutes June 18, 1985 A7 OAK CHASE ADDITION John Houston appeared concerning his request that the Council authorize the grant of building permits in Oak Chase 6th Addition that had been withheld at an earlier time due to drainage problems within the area. There was concern regarding the current status of the corrections to the storm drainage problems. Thomas moved, Smith seconded the motion to approve the grant of the building permits with the understanding that the performance guarantee will be extended for two years to determine whether the drainage issues have been resolved.- All members voted yes. EAGANDALE OFFICE PARK SECOND ADDITION BUILDING PERMIT A request has been made for a building permit on Lot 2, Block 2, Eagandale Office Park Second Addition. Egan moved, Thomas seconded the motion to approve the application with the understanding that although proof of recording has not been submitted by the developer that written assurance by the developer will be given to the City to the staff's satisfaction and that a written proof will be submitted after recording of the final plat. All members voted in favor. CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist: May 31, $374,594-36 and June 18, $1,230,767.49 All voted in favor. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:20 a.m. City' Jerk PHH 18