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07/16/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL E"o 4 AGAN, MINNESOTA JULY 16, 1985 A regular meeting of the Eagan City Council was held on Tuesday, July 16, 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 City Administrator Hedges, Assistant City Engineer Hansen, City Planner Runkle, Public Works Director Colbert, and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as presented. All voted in favor. MINUTES July 2, 1985 - Regular Meeting. Egan moved, Smith seconded the motion to approve the minutes as distributed. All voted yea. June 18, 1985 - HRA Minutes. Egan moved, Wachter seconded the motion to adjourn the regular council meeting and to reconvene as the Eagan HRA. All voted yes. Wachter then moved, Smith seconded the motion to approve the HRA Minutes of June 18, 1985. All voted in favor. Thomas moved, Egan seconded the motion to adjourn the HRA and reconvene as the City Council. All councilmembers voted yea. POLICE DEPARTMENT Police Chief Berthe was present. City Administrator Hedges discussed with the Council the proposed purchase of an all-terrain vehicle from Burnsville Sports, which is going out of business and has offered to sell the ATV for $1,600.00 which funds, it was noted, were within the current police budget for 1985. Smith moved, Wachter seconded the motion to approve the recommendation. All voted in favor. PUBLIC WORKS DEPARTMENT STREET NAME CHANGE - COUNTY ROAD #63 Several alternates were presented by Public Works Director Colbert for the Council's consideration for the renaming of County Road #63A. Names have been solicited from area residents and after discussion, Blomquist moved, Wachter seconded the motion to approve Becker Road as the official name. All voted yea. 1 Council Minutes July 16, 1985 f. CONSENT AGENDA The following consent agenda items were presented to the City Council and recommended by the staff for approval and implementation: 1. Personnel Items. a. Accountant Position. It was noted the City received over 45 applications for the newly created position of staff accountant in the Finance Department and it was recommended that Linda Fink be hired at a starting salary of $1,600.00 per month, effective July 22, 1985. b. Clerk Typist Pool. Shelly Lysne has resigned as part-time clerk typist and it was recommended that the Council authorize the advertising for a replacement in the position. c. Internal Revenue Service Regulations - City Owned Vehicles. The City staff has reviewed the developments relating to the IRS regulations for City owned vehicles and it was recommended that certain public safety vehicles be exempted from the recent Internal Revenue Service regulations as outlined in the Council packet. 2. Contractors Licenses. A schedule of contractors licenses, including water softener, plumbing, heating, and ventilating, homeowner and general contractor, was attached to the packet material and it was recommended that the licenses be issued. 3. Suncliff 5th Addition - Easement Vacation. A petition had been received from the developer of the Suncliff 5th Addition and it was recommended that the Council receive the Petition and authorize the public hearing on the petition to be held on August 20, 1985 at 7:00 p.m. at the Eagan Municipal Center. 4. Northwestern Bell Transfer Station - Lease Agreement. The lease agreements covering the proposed Northwestern Bell Transfer Station at Pilot Knob Road and Wescott Road and the second one at the Towerview site, both on City property, were presented and it was recommended that both leases be approved with the inclusion, in the Wescott Road site lease, of a 10 foot utility easement for access to the building. 5. Sunset 6th Addition - Final Plat. The application of Tri-Land Development Co. for final plat approval of Sunset 6th Addition was presented to the Council and it was recommended that it be approved, subject to compliance with all necessary City requirements. R 85-45 6. Blackhawk Glen - Project #454. A Petition had been received from the developers of the Blackhawk Glen subdivision, requesting installation of streets and utilities for Ashbury Road and it was recommended that the Petition be received by the Council and that the Council authorize the consulting engineers to prepare the feasibility report. Egan moved, Wachter seconded the motion to approve the aforementioned consent agenda items as recommended. All voted yes. 2 Council Minutes July 16, 1985 1471 f , ;17 11G, CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following checklist dated July 16, 1985 in the amount of $490,767.52 be approved. All voted in favor. & June 30, 1985 in the amount of $358,715.85 CLEARVIEW ADDITION - EASEMENT VACATION Mayor Bea Blomquist convened the public hearing regarding the vacation of utility and drainage easements over Lots 11 and 12, Clearview Addition. Tom Colbert briefly reviewed the proposed revisions and there were no objections. Wachter moved, Egan seconded the motion to close the hearing and authorize the vacation of the drainage and utility easements with the understanding that the necessary easements will be dedicated by the owner, subject to the City staff approval. All voted in favor. SUNSET 4TH ADDITION - EASEMENT VACATION The next public hearing convened by the Mayor dealt with the vacation of the right-of-way and utility easements within Sunset 4th Addition including Lots 1, 2 and 3, Block 3. Brad Swenson appeared for the applicant and there were no objections. Smith moved, Thomas seconded the motion to close the hearing and to authorize the vacation of public right-of-way with the understanding that adequate easements will be provided according to City requirements. All voted in favor. COUNTRY CLUB MARKET - PROJECT #449 Mayor Blomquist then convened the public hearing regarding Project #449 consisting of driveway improvements for the Country Club Market area near Cedarvale Blvd. in Cedarvale 2nd Addition. Tom Colbert introduced the project and noted that a hearing had been held in 1984 on Project #84-7 and at that time the representatives of Country Club Market indicated that Country Club would prefer -to perform their own landscaping privately rather than through City contract. It was noted that the landscaping has not been completed and therefore the Council requested a new hearing and new feasibility report. A letter from the President of Country Club Markets that was received on the evening of July 16, was read, indicating that Country Club opposed the project, but there was no representative present. There were questions about maintenance of the newly improved street right-of-way and it was suggested extending the curbing beyond the plan provision. There were no other objections to the project. After discussion, Smith moved, Egan seconded the motion to close the hearing, to order in the project as proposed with the curb revisions, and to authorize the preparation of detailed plans and specifications. All members voted in favor. 3 Council Minutes July 16, 1985 LONE OAK ADDITION - PROJECT #447 The hearing regarding Project #447 consisting of trunk water main in the Lone Oak Addition was then convened by the Mayor. Tom Colbert explained the project and Mark Hansen, consulting engineer, also discussed the proposal. It was recommended that a 24 inch diameter watermain be installed, although there was a suggestion that alternate bids for a 20 inch watermain also be requested. The area proposed to be assessed was described and there were no objections but there were questions from affected neighboring owners in the audience.- After review, Thomas moved, Egan seconded the motion to close the hearing, to order in the project and authorize the preparation of the plans and specifications. All councilmembers voted positively. CHES MAR 4TH ADDITION - POND LP-55 - PROJECT #448 The hearing regarding the trunk storm sewer outlet from Pond LP-55 in Ches Mar 4th Addition under Project #448 was convened by the Mayor. Tom Colbert and Mark Hansen reviewed the project, including the historical background and noted that there had been problems with Pond LP-55A in the past. Neighboring property owners were present and requested lowering LP-55A an additional 4 feet but the staff recommended that if done, the affected owners should pay the additional cost, because it is not required in order to resolve the storm sewer problems in the area. It was noted that a 35 foot cut would be required by lowering LP-55A to the extent requested, but that the owners around Pond LP-55A have not been noticed and a new hearing would be required for additional improvements. There was discussion concerning the possibility of an underground aquafier and Councilman Smith recommended that before a decision is made that all owners be notified and given an opportunity to express their opinions. Dick Ney, the owner of Lot 5 of Oak Chase Addition asked that Pond LP-55A be restored to its natural level and described the historical problems around that pond. He noted that 55A is now storing some City water and the neighbors should not pay all of the additional improvement cost. Larry Sibley, an owner of parcel 016-52 appeared before the Council and recommended fill be placed around the ponds to avoid damage and was concerned about the proposed assessments against his unplatted property. After lengthy discussion, Smith moved, Wachter seconded the motion to close the hearing and to direct the staff to discuss with the affected property owners alternate solutions and further, that a revised feasibility report be ordered and reconsidered by the City Council. All members voted affirmatively. 4 Council Minutes July 16, 1985 PINE RIDGE DRIVE - PROJECT #414 The hearing regarding proposed street reconstruction work for Pine Ridge Drive under Project #414 came before the Council. Tom Colbert and Mark Hansen detailed the project which included street reconstruction.- Jim Woods, together with other affected property owners were present. They were concerned about the proposed assessments and Mr. Woods also discussed the proposed preliminary report of 1984 and the difference between that report and the 1985 project #414 feasibility report. Mr. Colbert stated the 1984 report was a draft document and Council did not proceed because staff did not recommend proceeding with that proposal. It was also mentioned that additional deterioration of the street has taken place since 1984 and that the proposed assessment would cover only about 1/3 of the total cost. A petition from all except one of the previous petitioners now opposing the project, was submitted. The street is in bad disrepair, according to Mr. Colbert and would need constant repairs to maintain it. Councilmembers recommended to the neighboring owners present that they reconsider and therefore Mr. Woods requested a continuance. Egan moved, Wachter seconded the motion to continue the hearing until the August 6, 1985 regular meeting at which time an indication will be requested from the affected residents present at the meeting as to their intentions. All voted yes. WERNER LEMBKE - CONDITIONAL USE PERMIT RENEWAL The annual review of the conditional use permit for Werner Lembke was again considered by the City Council, last having considered it at its June 18, 1985 regular meeting. Mr. Lembke was present at that meeting upon notice by the City and was directed to bring his property into compliance with the City's conditions set forth in the approval of the original conditional use permit, and according to the agreement entered into between the City and Mr. Lembke dated April 19, 1983. Mr. Hedges introduced the subject and Dale Runkle explained to the Council the minor changes in landscaping that have taken place since the June meeting. Mr. Lembke was not present, although was on notice of the meeting. The requirements of Mr. Lembke under the conditional use permit were discussed and it was noted that very few of the conditions had been fulfilled. After extended discussion, Wachter moved, Egan seconded the motion that the conditional use permit not be renewed, based upon the following: 1. The applicant has not completed the conditions that were outlined in the conditional use permit originally approved in July of 1980. 2. The development contract dated April 19, 1983 has not been fully complied with as required by the City. 3. Neighboring property owners, including West Publishing Company have strenuously objected to the conduct and use by the owner of the property, noting that it is in extreme disarray and adequate steps have not been taken to correct the deficiencies. 5 Council Minutes July 16, 1985 4. Mr. Lembke has been given adequate time and notice to correct the deficiencies and has failed to do so. 5. Although Mr. Lembke was given notice of the hearing on July 16, he failed to appear and explain any reasons for noncompliance with the conditions imposed by the City and has not contacted the City staff concerning any revisions that he has made to his property to comply with the City's conditions. 6. Further resolved that the Council schedule a public hearing under the Eagan Code section for August 20, 1985 to consider the cancellation of the conditional use permit and formal steps necessary to terminate or enjoin the use of the property for the purpose provided under the conditional use permit. Steve Bryant of West Publishing was present and strongly requested that the City Council take affirmative action to restrain Mr. Lembke from operating his property in defiance of the requirements of the City. Ted Grindall, attorney from Opperman & Paquin on behalf of West Publishing Company, stated that his client recommends that the Council terminate the use and that it enjoin Mr. Lembke from operating the business on the property without complying with the City's conditions. All members voted in favor. EAGAN LIABILITY INSURANCE RENEWAL - WORKERS COMPENSATION - 1985-86 At the last regular meeting, the City Administrator updated the City Council concerning the status of renewal of the 1985-86 general liability and workers compensation insurance. The Director of Finance had been working with Bruce Medvec of First Insurance Valley View which is the City's agent of record, in an effort to secure favorable bids and Councilman Smith has been consulted on the status of the insurance coverage and helped to review the proposal. A memorandum from Finance Director Gene VanOverbeke dated July 11, 1985 and letters from First Insurance, including the various options for liability and workers compensation through the Home Insurance Company, Great Global and League of Minnesota Cities were reviewed. Gene VanOverbeke and Bruce Medvec were also present and it was noted that two other agencies have requested opportunities to bid on the liability and workers compensation coverage, including Consolidated Agency, Inc. of Eagan and Alexander & Alexander, Inc. through Dale Turnham. Bruce Medvec recommended Home Insurance Company and explained that the loss experience for the City has been favorable. Councilmember Smith also made comments and recommended Home Insurance Company based on its proposal and the history in relation to the City. After considerable discussion, Smith moved, Thomas seconded the motion to authorize the one million dollar underlying insurance package through Home Insurance Company and two million dollar umbrella policy, according to the proposal. All members voted in favor. LEXINGTON PLACE SOUTH 2ND ADDITION - REVISED PRELIMINARY PLAT The City Council at its last meeting had continued for further consideration by the Advisory Parks and Recreation Commission, the revised preliminary plat of Lexington Place South 2nd Addition. The Commission met on Thursday, July 18, 1985 and recommended that Outlot C remain as previously 6 Council Minutes July 16, 1985 proposed, as open space and that Outlot A be reduced to two lots and a variance for lot frontage and Lot B be granted in order to protect the pond and vegetation within Outlot A. An extensive memorandum from Ken Vraa dated July 12, 1985 was discussed and George Kubik of the Parks Commission was present and explained the recommendation of the Park Commission. Also, a memorandum from Roger Martin, the Chairman of the Parks Commission was presented to the Council. After discussion, Blomquist moved, Egan seconded the motion to approve the recommendation of the Park Commission and that Outlot C remain as an outlot, and that Outlot A be reduced by two lots from the proposal by U. S. Homes, with no variance granted. There was a suggestion that the lot lines within Outlot C be extended, but Bob Hoffman, attorney, on behalf of U. S. Homes, was present and stated that the applicant will not extend the lot lines within Outlot C. He stated further that there is no Homeowners Association that has been formed, and that the Planned Development Agreement does not require a homeowners association to be organized unless the association were required to operate the amenities, including the pool and tennis courts, which the buyers have refused to do. Those in favor were Blomquist and Egan; those against were Smith, Thomas and Wachter. Mr. Hoffman stated that the proposal included a reduction of 6 lots from what was originally proposed in Outlot C and that most exceed 80 feet in width. Councilman Smith was concerned about the maintenance for Outlot C. After further discussion, Blomquist moved, Egan seconded the motion to continue consideration of the application until the next regular meeting and to acquire a recommendation from the Park Commission as to alternates, if the City acquires the property, and also the cost involved in approving and maintaining the parcel, with a full report from the Park Commission, including its proposal regarding the outlot; further, that the preliminary plat for Outlot A be approved with the reduction from 5 to 3 single family lots. All voted in favor. SEE PLAT FILE R. J. O'NEIL - REZONING TO PLANNED DEVELOPMENT The application of R. J. O'Neil to rezone 100 acres to Commercial Planned Development with 20 acres proposed to remain R-4 Residential Multiple, was then brought to the Council. Presently the property is zoned A, and the Comprehensive Guide Plan designates the property as R-III with a density of 6 to 12 units per acre. The proposal is to convert 100 acres to Limited Business/Roadside Business/High Tech Office Warehouse/Ponding and Road Right- of-Way. Dale Runkle reviewed the Advisory Planning Commission recommendations made at its June 25, 1985 meeting, at which time the Planning Commission recommended approval of the application with certain revisions. It was indicated the City Council had requested the application be returned to the Commission for further review, including more specific designation of uses, noting that no application for preliminary plat had been submitted nor specific uses for the property. 7 Council Minutes July 16, 1985 Harold Sheff, Mr. & Mrs. O'Neil, John Klein and Bill Price appeared for the applicants. Mr. Sheff made a presentation, noting the motion by Mayor Blomquist at the meeting that the Council last considered the application, requesting a more specific designation of future uses. He distributed new drawings dated July 15, 1985 with changes recommended by the Advisory Planning Commission, explaining the rezoning of the north 20. acres to R-3 and Agricultural zoning of the northeasterly parcel, with no access directly to the north. After his presentation, Mayor Blomquist commented that she was concerned about the buffers and Mr. Sheff stated that the applicant would comply with all requirements of the Advisory Planning Commission, including the grant of the three storm sewer ponding easements to the City without cost. Mayor Blomquist indicated that the applicant did not address the adjacent buffers for the densities within the parcel, including the flow and compatibility with the neighboring property. She noted the compatibility of uses is never premature. Councilman Eagan noted that the land south of Yankee Doodle Road was rezoned after intense replanning and extensive plans being brought before the City Council designating uses of the property. He also stated that the Council would be put under pressure to rezone the land to the east and the north, claiming that the owners could not develop under a residential use. Further, the schematic would set a precedent and the only changes from the previous proposal are a few ideas that are designated on the drawing for uses that can be found within the ordinance. He further mentioned that there are no specifics to the proposal, no designs that have been submitted, no densities for the development, no indication as to what the buildings would consist of or look like or what their architectural scheme would be, how they would fit into the surrounding area and further, that most developers have concrete plans before submission to the City and that this proposal only tailgates on other proposals in the area. Councilman Egan further recommended some hard tangible ideas on what the developer plans to do before approval by the City. Councilman Wachter stated that the other planned developments have been submitted and approved without any greater detail. Councilman Egan further brought out the fact that it could have a rippling effect on the land uses to the east and to the north. Mayor Blomquist objected, and noted that the developer must look at the Comp Guide during the 1985 revision process, and further the Council must review the total city requirements for commercial use and determine whether the proposed uses would be compatible with other uses within the City and the general area. Councilman Egan further noted that in the event of rezoning from Residential category to Commercial category, there must be greater detail than provided by the developer. Councilman Smith suggested that the land may some time be zoned for the proposed uses and further, that he understood that the developer would dedicate all of the necessary ponding areas without cost to the City. 8 Council Minutes July 16 , 1985 01 ' t~s Smith moved, Wachter seconded the motion to approve the application with the recommendations proposed by the staff and further, those recommendations submitted by the Advisory Planning Commission, including the dedication of all three ponds without cost to the City, subject to the completion of an appropriate resolution to be approved by the City Council, incorporating an agreement between the developer and the City, which would be submitted to the City Council for approval at the next regular meeting, covering in detail the dedication. of the necessary pond and utility easements without cost to the City. The objections made by Mayor Blomquist and Councilman Egan were generally as follows: 1. There are not adequate buffers along the northerly and easterly boundaries of the property adjacent to residential uses. 2. The flow and compatibility with the neighboring property are not adequately addressed in the proposal being submitted. 3. The City Council requires intense planning and detailed plans before approval of rezoning, particularly from a residential to a higher or commercial type use. 4. The City Council would be put under pressure to rezone land to the east and the north to commercial use by owners whose claim would be that they could not develop under a residential use. 5. The schematic plan submitted was not submitted in sufficient detail and the only changes from the previous proposal are a few ideas designated on the drawing for uses that were simply delineated from the ordinance without showing specific purposes for the various parcels. 6. No designs have been submitted, no densities for the development were submitted and there was no indication on the plans as to what the buildings would consist of, architecturally or by design, and also there were no plans indicating how the buildings would fit into the surrounding area. 7. The developers should submit concrete plans before submission of a schematic plan to the City. 8. The developer should be required to comply with the comprehensive guide designation and further the City Council has directed the staff to commence a comprehensive guide revision during 1985 which should be complied with prior to designation of the uses for the subject parcel. 9. The City Council should review the total City requirements for commercial use and determine whether proposed uses would be compatible with other uses within the City and the general area. Those in favor were Smith, Thomas and Wachter; those against were Blomquist and Egan, and the motion died for the lack of the required 2/3 vote of the entire council. It was noted that a court reporter was again present to report the Council proceedings regarding its consideration of the application. Council Minutes July 16, 1985 OFF-SALE LIQUOR LICENSE POLICY The Council again considered the off-sale liquor license policy after directing the City Administrator at its July 2, 1985 meeting to review the policy in some detail, making recommendations to the Council regarding the defining of the geographical locations for the granting of the licenses. Mr. Hedges had outlined in the packet approximately 6 options, including abolishing the guidelines, several options regarding areas and further, a minimum square footage or free standing building concept requirement. Councilman Thomas was concerned about keeping the stores within commercial areas and favored alternate 2 - providing for establishing the number of off- sale licenses, and 4 - removing all regulatory guidelines pertaining to geographic boundaries. Councilmembers discussed all of the alternates and noted that it would be necessary to review the guidelines and the geographic areas periodically. After extensive discussion, Egan moved, Thomas seconded the motion to approve a maximum of four off-sale licenses with geographic boundaries generally according to the existing areas, more precisely outlined in Exhibit "A" attached to the Council packet with one license located in the north area (southerly boundary shall be Silver Bell Road/Wescott Road - excluding Silver Bell Shopping Center); one in the southeast area and two in the southwest area with the easterly boundary located east of I-35E (including the Silver Bell Shopping Center). Those in favor were Blomquist, Wachter, Egan and Thomas; Smith voted no. DAVID PERRIER - OFF-SALE LIQUOR LICENSE The application of David Perrier of Perrier & Associates for off-sale liquor license for the Cedar Cliff Commercial Park Center was presented and Mr. Perrier was present. He indicated that a lease had been negotiated with Federal Land Company for nearly 3,000 square feet in the shopping center. A letter from Spirits of Eagan, signed by Jerome Miller was submitted and Mr. Hedges indicated several other requests are also being submitted by proposed applicants. After review, Thomas moved, Egan seconded the motion to approve the application of Perrier & Associates for the Cedar Cliff Shopping Center location, subject to compliance with all City ordinance requirements and the applicant must also comply with all conditions that the Council has placed upon the Cedar Cliff Commercial Addition, including the planned development for that parcel. Jerry Miller of Spirits of Eagan was present and stated that he had become aware of the license availability two weeks earlier and had hurriedly submitted an application but had no specific location at the present time. He stated he owned an off-sale liquor store in Burnsville, operating under the MGM name. The owner of Dakota Liquors in Burnsville was also present and objected to an additional application, noting that the industry has been seriously affected in recent years by a variety of factors and asked the Council to consider the closeness of the proposed store to his existing location. Those in favor were Egan and Thomas; abstaining were Wachter and Blomquist; and Smith voted no. Wachter indicated that it was his opinion that it was not necessary to locate an additional off-sale liquor store within the City. 10 Council Minutes July 16, 1985 ._y c (_'s EASTER LUTHERAN CHURCH - PRELIMINARY PLAT APPROVAL The application of Easter Lutheran Church for preliminary plat approval, located at the southeast intersection of Pilot Knob Road and Diffley Road was brought to the Council. Dale Runkle introduced the application and noted the Advisory Planning Commission recommended approval. The plat would consist of 3.8 acres for the church facility and noted that the plans are to substantially increase the church building. Mr. Colbert stated that the engineering recommendations were not included with the Advisory Planning Commission recommendations, and reviewed with the Council 4 additional proposed conditions. He noted that churches are assessed with the full residential equivalent adjacent to County roads, and there was discussion concerning the proposed sanitary sewer easement requested by the neighboring property owners to the south. Roger Sjobeck, architect for the church, was present, as well as Reverend James Borgschatz and others. Larry Erdos, a neighbor to the south, appeared and had concerns about the sanitary sewer connection, requesting an easement along Outlot A. Pastor Borgschatz indicated there was no objection to the easement on behalf of the church. It was recommended that there be a 15 foot easement on the east side of the church property, if there is no 5 foot easement along the adjoining lot, but only 10 feet would be required if there is a 5 foot easement on the adjoining platted lot. Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. A detailed landscaping plan shall be submitted for City staff approval, and the plan shall detail how the entire property shall be landscaped with particular attention being given to maintaining the steep grade on the east side and to include a buffer between the garage being built and the residence to the west, and a $10,000.00 landscape bond shall be required. 2. A sanitary sewer and water easement shall be provided along the southwest lot line of Outlot A, 15 feet in width if there is no adjoining 5 foot easement, 10 feet in width if there is a 5 foot adjoining easement, and that the easement may be relinquished if the Erdos property acquires sanitary sewer access from a different direction. 3. Access to Diffley Road shall line up with Hilltop Lane when it is upgraded. 4. There shall be 75 feet right-of-way dedicated for Pilot Knob Road. 5. A 33 foot right-of-way shall be dedicated for Diffley Road. 6. The frontage road shall be installed at the time of upgrading of Diffley Road at full cost to Easter Lutheran Church. All members voted in favor. SEE PLAT FILE 11 Council Minutes July 16, 1985 V FL+ ..e~ WOODHAVEN ADDITION - PRELIMINARY PLAT The application of Terry Stover for preliminary plat approval of Woodhaven Addition, consisting of 5 townhouse lots, 2 duplex lots, one outlot on approximately 2 acres and rezoning to R-2 and R-3 from R-4 was next heard before the Council. The Advisory Planning Commission, at its meeting on June 25, 1985 approved the application with the conditions allowing for the construction of one four-plex and one duplex on two acres of property with the second application requesting preliminary plat of Woodhaven Addition, consisting of 7 lots along Beau-D'Rue Drive and Rahn Road. Dale Runkle detailed the application and there was discussion concerning the Park Committee's recommendation for trail dedication and cash dedication. Terry Stover was present and had questions concerning the development. Thomas moved, Wachter seconded the motion to approve the application for rezoning, subject to the understanding that the number of units previously approved in the area not covered by Lots 1 through 7 are in excess of the number of units now approved, cannot be transferred to Outlot A; further, resolved that the application for preliminary plat approval for Woodhaven Addition consisting of 5 townhouse lots, 2 duplex lots and 1 Outlot, be approved with the following conditions: 1. The approval shall be subject to the Park Committee's review and approval of park dedication. 2. The standard plat conditions shall be applied to this development. 3. All general engineering conditions that are applicable shall be adhered to. 4. The sanitary sewer extension shall be constructed to City standards. 5. A 40-foot half right-of-way shall be dedicated for Rahn Road and Beau D' Rue Drive adjacent to Outlot A, and a 33-foot half right-of-way shall be dedicated for Rahn Road adjacent to the remainder of this development. 6. This development shall be responsible for lateral benefit from trunk water main assessment at the rates in effect at the final platting. 7. All costs associated with this development shall be the sole responsibility of this development. 8. A park trail dedication easement of 10 feet shall be dedicated along Rahn Road. Mr. Stover requested that the water service costs be reduced because of the access problems across Rahn Road and Mr. Colbert explained the current credit policy which would resolve the issue. All members voted affirmatively. SEE PLAT FILE 12 Council Minutes July 16, 1985 SUNSET 9TH ADDITION - PRELIMINARY PLAT The application for preliminary plat approval of Sunset 9th Addition submitted by Jack Germaine was brought before the Council. It provides for residential single-family for 4 lots on 5 acres of property on future Golden Meadow Road. Mr. Runkle noted the property is zoned Agricultural and would allow one dwelling unit on the 5 acre parcel at the present time. A portion of the property is within Schwanz Lake. Brad Swenson appeared for the applicant and it was noted that at the Planning Commission meeting, some neighboring owners had concerns about preservation of trees along the western border, which apparently has been resolved. The Park Commission has negotiated park land on the southerly 1/3 of the plat in lieu of cash dedication. Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. The developer's responsibility for additional trunk area storm sewer assessments shall be based upon the net square footage of the parcel. 2. A 30 foot half right-of-way for Golden Meadow Road shall be dedicated to the City. 3. All lots shall be served by municipal sanitary sewer and water. 4. No driveways shall exceed 10% slope. 5. All standard preliminary plat conditions shall apply. 6. The developer shall meet the applicable requirements of the standard engineering guidelines. 7. This development shall be responsible for additional trunk area storm sewer assessments without a large lot credit. 8. A thirty foot half right-of-way for Golden Meadow Drive shall be dedicated. 9. Preliminary plat approval is subject to Park Commission approval of park dedication. 10. A 10-foot variance is granted from the front lot line for all four lots. 11. The developer shall maintain and maximize the trees on the west boundary as a buffer. All members voted yea. SEE PLAT FILE 13 Council Minutes July 16, 1985 KNOB HILL PROFESSIONAL PARK - RICHARD NORDLUND - IDB An application by Richard Nordlund for Industrial Revenue Financing in the amount of $400,000.00 for construction of the 7,000 square foot office building on Lot 6, Knob Hill Professional Park was brought to the Council. Mr. Hedges briefly reviewed the application and Mr. Nordlund was present at the meeting. Wachter moved, Egan seconded the motion to schedule a public hearing for the application at 7:00 p.m. at the August 6, 1985 regular City Council meeting. There was discussion concerning the $500.00 minimum IDB limit, according to policy, and Councilman Smith was concerned about the applications being brought by proposed smaller restaurant type uses, noting the cost of issuance for small bond issues. Those in favor were Blomquist, Wachter, Egan and Thomas; Smith voted no. ROYAL OAK CIRCLE - CONTRACT #85-15 - STREETS & UTILITIES The bids under Contract #85-15 for the Royal Oak Circle improvements were submitted and the low bidder was Orfei & Sons, Inc. in the sum of $272,017.82. Thomas moved, Egan seconded the motion to approve the low bid as recommended. All members voted in favor. UNITED PARCEL SERVICE - PRELIMINARY PLAT & BUILDING PERMIT APPLICATION Tom Hedges explained to the Council that representatives of UPS were present in the audience and had requested a variance from the platting requirements and that the Council issue a building permit. He stated that the City staff had reviewed the reasons for the variance to the normal procedure in some detail and recommended denial, noting that the Council's policy had been very firm regarding completion of the platting process before building permit approval. Paul Addison, real estate manager for UPS was present, as well as the project manager, and made a very determined presentation requesting the variance because of inadvertence on his part in completing the final plat requirements. He noted, however, that the application for final plat had been submitted on the day of the meeting and he further mentioned that some easement revisions are being completed and that final plat can be submitted by the end of the current week. The park dedication fee will be paid according to City requirements and he submitted a check for the required fees, together with a check for the guaranteed escrow required by the City. Mr. Colbert stated that it will be necessary to guarantee the cost of easement acquisition and some easements may be acquired through the condemnation process, noting that UPS has not agreed to cover such costs at the present time. After a lengthy presentation and discussion by Council and staff, Smith made a motion noting that he reluctantly would allow a variance for approval of the final plat, subject to final approval by the staff and completion of all City requirements and further, to grant the building permit upon such completion. Thomas seconded the motion. Mr. Addison stated that if the permit is not granted, it's possible that the building will not be completed 14 Council Minutes July 16, 1985 J k- d() in 1985, that there will be penalties imposed and other delays, including over-runs which will very seriously hamper the completion of the project. Further conditions of the motion would also include a temporary building permit for a 30 day period and if the final plat is not completed and submitted with all the accompanying requirements to the staff's satisfaction, then the building construction will cease; further, that all necessary requirements being submitted to the City by August 15, 1985 for final approval by the City Council at its August 20, 1985 meeting. All voted in favor except Egan who voted no. SEE-PLAT FILE UPS - STREETS & UTILITIES - CONTRACT #85-18 The bids for the utility and street improvements in the UPS 1st Addition under City Contract #85-18 (Project #442) were submitted and it was noted that Encon Utilities which was the apparent low bidder, had made some errors in its bid and that the actual low bidder was American Contracting Corp. in the sum of $273,963.66. The staff recommended approval of the American Contracting Corporation's low bid and it was noted that two easements will be necessary from an owner along the newly named Becker Road. Wachter moved, Smith seconded the motion to approve the low bid and further, in the event that the negotiations for the easements are not successful, that the Council authorize the condemnation of the necessary easements at its regular meeting on August 6, 1985. All voted in favor. 1985 SEALCOATING - CONTRACT #85-17 The bids for the sealcoating for the City streets for 1985 were submitted from three bidders and the low bidder was Allied Blacktop in the sum of $103,723.22. Thomas moved, Egan seconded the motion to award the contract to the low bidder as recommended, with the understanding that the staff will add additional streets by change order to the Contract, to cover the allocation in the budget for sealcoating purposes. All councilmembers voted yes. CEDAR INDUSTRIAL PARK - CONTRACT #85-5 - TRUNK STORM SEWER The plans and specifications for Cedar Industrial Park trunk storm sewer under Contract #85-5 have been prepared and it was recommended the plans and specifications be received and that the Clerk be authorized to advertise for bid opening for the project for 10:30 a.m. on Friday, August 9, 1985 at the Eagan Municipal Center. Egan moved, Wachter seconded the motion to approve the recommendation and order its implementation. All members voted yes. LEXINGTON SQUARE 2ND ADDITION - CONTRACT #85-20 The plans and specifications for trunk storm sewer and sanitary sewer for Lexington Square 2nd Addition under Contract #85-20 were submitted. It was recommended the plans and specifications be approved and that the City Clerk be authorized to advertise for bids in the legal newspaper, with the opening to be held at 10:30 a.m. on August 13, 1985 at the Eagan Municipal Center. Wachter moved, Egan seconded the motion to approve the recommendation of staff and order it to be implemented. All members voted yea. 15 Council Minutes July 16, 1985 ..r .73 REGIONAL TRANSIT BOARD REPRESENTATIVE There was discussion by the City Council regarding the representative from Precinct "H", to the Regional Transit Board, noting that Dakota County Commissioner Steve Loeding and Ed Kranz from Hastings are current representatives on the Board. With redistricting, there will be one representative from the surrounding area and it was noted that Carolyn Rodriguez has requested endorsement for the position. Egan moved, Blomquist seconded the motion to endorse Carolyn Rodriguez to that position. All voted in favor. JOSEPH STEININGER - EXCAVATION PERMIT - LONE OAK ROAD The application of Joseph Steininger for a permit to allow the placement of 22,000 cubic yards of material on the property owned by him located at 670 Lone Oak Road was submitted and it was recommended that the application be approved. Egan moved, Wachter seconded the motion to approve the application subject to compliance with necessary City requirements. All voted yes. PILOT KNOB ROAD CLOSING - MnDOT After discussion concerning the proposal of MnDOT for the temporary closing of Pilot Knob Road during its reconstruction at I-35E, Blomquist moved, Egan seconded the motion to revise the decision to provide for patrol officers assisting in directing of traffic to begin at the time of the closing of the road. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, it was resolved that the meeting adjourn at 1:15 a.m. All members voted yes. PHH Ci erk 16