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09/03/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 3, 1985 A regular meeting of the Eagan City Council was held-on Tuesday, September 3, 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, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert, and City Attorney Hauge. AGENDA Egan moved, Smith seconded the motion to approve the agenda with the understanding that the application of Al Kempf for preliminary plat approval of LeMay Lake Hills and the application of Robert Schlanagen for conditional use permit for pylon sign for Amoco Gas Station be continued as requested. All voted yea. MINUTES Upon motion by Smith, seconded Egan, it was resolved that the minutes of the August 20, 1985 regular council meeting be approved as presented. All voted yes. POLICE DEPARTMENT Steven Pokrzywinski - Construction Vehicle. The City staff has received numerous complaints regarding the operation of a business called Midland Electric, Inc. at 1367 Berry Ridge Drive and in addition, the parking of a construction vehicle similar to a trencher, on the public street curing daytime, evening and nighttime hours. A letter was sent from the staff to Mr. Pokrzywinski and the City Attorney's office prepared a Resolution whereby the Council would direct the removal of any large vehicle adjacent to the Pokrzywinski property under Eagan Code Section 11.10, Subd. 19 (e). Neither Mr. nor Mrs. Pokrzywinski was present at the Council meeting and there was discussion concerning the safety issues relating to utility trailers parked along the street. Smith moved, Thomas seconded the motion to approve and adopt the Resolution as presented to the City Council. All voted in favor.' Some neighboring property owners were present and the City Administrator Tom Hedges and City Attorney Paul Hauge explained the intent of the Resolution. R 85-56 1 Council Minutes September 3, 1985 PUBLIC WORKS DEPARTMENT Tom Colbert indicated that a speed limit petition for reduction in the speed limit on Wescott Hills Drive, south of Yankee Doodle Road, to a maximum of 25 miles per hour speed zone, had been submitted to the City staff. A total of 119 individuals signed the related petitions-and it was noted that State law does not allow any enforceable speed limit less than 30 miles per hour. Because of the proximity to the Orvilla Home housing mentally retarded adults, Thomas moved, Smith seconded the motion to receive the petition and approve a resolution requesting MnDOT to perform a traffic study with the intention of reducing the existing speed limit from 55 mph to 30 mph maximum. All Councilmembers voted affirmatively. R 85-57 CONSENT AGENDA The following consent agenda items were presented and recommended for approval: 1. Contractors Licenses. A schedule of heating & ventilating, homeowner, well drilling, plumbing 'and general contractors license applications had been submitted to the City. It was recommended that the applications be approved. 2. Personnel Item - Jim Sturm. Jim Sturm, who was recently hired as a Planner I asked that his mileage be reimbursed at $.25 per mile rather than $.20 per mile due to the new tax law changes. It was recommended that the request be approved by the Council. 3. Brittany 9th Adaition - Excavation Permit. The application of Tollefson Builders, Inc. for excavation permit for Brittany 9th Addition was submitted to the Council and it was determined that the grading plan does conform with the previously approved development configuration and the staff recommended approval. 4. MnDOT Traffic Signal Agreement. Several Traffic Signal Agreements have been received by MnDOT for the installation and maintenance of traffic signals at the interchange of I-35E and Cliff, Diffley, Pilot Knob and Yankee Doodle Roads. These Agreements provide for the modification of the control equipment for the signal at the intersection of Yankee Doodle and Pilot Knob Road to ensure compatibility with the new signalized intersections of I-35E east and south of that intersection. MnDOT has been successful in obtaining federal funding to cover the entire cost of all signalization. However, the cost of modifying the existing signal equipment at Yankee Doodle and Pilot Knob Roads in the sum of $2,697.78 was required to be paid by the City. It was recommended that the Council adopt the Resolution approving the Traffic Signal Agreements under State Project #1982-105 and authorize the Mayor and City Clerk to execute all related documents. 2 Council Minutes September 3, 1985 5. Water Treatment Plant - Contract #83-1. It was recommended that the Council approve the 23rd and final payment in the amount of $82,510.00 for Contract #83-1 (Water Treatment Plant) to Barbarossa & Sons, Inc. and accept the project for perpetual maintenance, subject to warranty provisions. It was further recommended that the Council levy liquidated damages in the sum of $2,400.00 because the contractor failed to complete the-plant until March 13, 1985, or 16 days beyond the completion date. 6. Lexington Avenue - Final Assessment Roll - Project #330. The final assessment roll for Project #330 consisting of street and storm sewer improvements to Lexington Avenue was submitted to the Council and recommended that it be received and that the final assessment hearing be scheduled for October 1, 1985 at 7:00 p.m. at the Eagan Municipal Center. 7. Sun Cliff 3rd Addition - Excavation Permit. The application of RMC Development for grading/excavation permit in the Sun Cliff 3rd Addition located at the southeast corner of Diffley and Blackhawk Roads was presented. It was recommenced by the staff that the Council approve the permit subject to City Code compliance. 8. William Moore - Vienna Woods Addition - Waiver of Plat. An application to split a duplex lot for owner-occupancy, covering Lot 5, Block 5, Vienna Woods Addition from William Moore was submitted and it was recommended that the Council approve the waiver of plat for Mr. Moore. 9. Pietsch Construction - Waiver of Plat - Sun Cliff 1st Addition. An application was submitted by Pietsch Construction Company for waiver of plat for Lot 5, Block 1, Sun Cliff 1st Addition to split a duplex lot for owner- occupancy and it was recommended it be approved. 10. Brittany 9th Addition - Project #459. The Petition was received from the developer of the Brittany 9th Addition requesting simultaneous preparation of detailed plans and specifications to facilitate the development process under a public improvement contract for Brittany 9th Addition street and utility improvements. It was recommended that the Petition be approved and the Council authorize the preparation of the plans and specification. 11. Whispering Woods - Final Plat. The application of Donald Hilla for final plat approval of Whispering Woods had been submitted for the staff and it was recommended that the application be approved and that the Mayor and City Clerk be authorized to sign all necessary documents. R 85-58 12. I-35E - Lexington Avenue - Yankee Doodle Road - Feasibility Report - Project #461. As part of the five-year capital improvement program for Dakota County, Yankee Doodle Road is proposed to be upgraded to four lanes from I-35E to Lexington Avenue. The plan is to initiate the project during 1986 and it was recommended the Council authorize the preparation of a feasibility report for Project #461 consisting of Yankee Doodle Road improvements. Upon motion by Smith, seconded Wachter, it was resolved that the foregoing consent agenda items be approved and that they be authorized to be implemented by the City staff. All voted in favor. 3 Council Minutes September 3, 1985 TIBERON 1ST ADDITION - DRAINAGE & UTILITY EASEMENT VACATION HEARING The Mayor convened the hearing concerning a Petition from the developer of Tiberon Addition requesting a vacation of common lot line drainage and utility easements within Lots 1-5, Tiberon 1st Addition and the replat into four larger lots. The Council provided for a condition of the vacation of the existing common lot line easements and Tom Colbert reviewed the vacation proceedings with the Council. There were no objections and upon motion by Smith, seconded Wachter, it was resolved that the vacation be approved. All voted in favor. NOVEMBER 5 - REGULAR MEETING Tom Hedges noted that in light of the fact that Tuesday, November 5, 1985 is a regular election date for the City, upon motion by Wachter, seconded Blomquist, it was resolved that Wednesday, November 6, 1985 be rescheduled as the regular Council meeting date. All voted yes. ASSESSMENT HEARINGS FOR OCTOBER 1, 1985 Tom Colbert submitted to the City Council a request for scheduling assessment hearings for Projects #420 consisting of Peaceful Heights and #306 consisting of County Road #30 (Diffley Road) street improvements for October 1, 1985 at 7:00 p.m. at the Eagan Municipal Center. Upon motion by Egan, seconded Wachter, it was resolved that the assessment rolls be received and that public hearings be scheduled as recommended. All voted in favor. YANKEE DOODLE ROAD PLANS - HIGHWAY #13 Tom Colbert presented to the Council the general plans for Yankee Doodle Road improvements submitted by Dakota County covering the area in the vicinity east of Highway #13. He noted that the proposal includes two lanes in each direction with the center left turn lane, but no raised medians because of lack of adequate right-of-way. There was no official action by the City Council but the Councilmembers generally favored the plan. WILDERNESS RUN 5TH ADDITION - EASEMENT VACATION A Petition was received from Gene Schultz, the owner of Lot 22, Block 1,- Wilderness Run 5th Addition, requesting a vacation of a portion of utility easement for the existing sanitary sewer line across the rear yard area. It was caused through the construction of a double attached garage to the dwelling unit, and the property owner encroached upon the 20 foot City easement, including the over-hang, of up to 3 feet at the southwest corner of the existing garage, at 4245 North Carlson Lake Lane. The hearing was convened and the staff had no objection because of the depth of the line, noting that it is not expected to be needed for construction and the sanitary sewer is large enough to allow internal pipe correction, if necessary. There were no objections and upon motion by Wachter, seconded Thomas, it was resolved that the public hearing be closed and the Council approve the vacation of that portion of the easement as requested. All Councilmembers voted yes. 4 Council Minutes September 3, 1985 1 _ RAHN RIDGE - PRELIMINARY PLAT The application of Jeffrey Lindgren for preliminary plat approval of Rahn Ridge Addition consisting of 25 duplex lots, and 1 church lot on approximately 25 acres, located southeast of Rahn Road and Cliff Road, was presented to the Council. The Advisory Planning Commission had considered the application at its June 25 and July 23, 1985 meetings, and recommended approval with conditions. The City Council considered the application at its August 6, 1985 meeting and requested the developer to rework the plat, confer with the City staff regarding any changes and present new drawings at the September 3, 1985 council meeting. Dale Runkle detailed the changes and reviewed the land use within the planned development. The Comprehensive Guide reflected Limited Business and he also commented on 5 alternate design and site plans for the parcel. Councilmembers had concerns about the potential traffic congestion and Robert Buchanan, one of the pastors, was present, together with other representatives of the applicant. The plans provide for a 650 seat sanctuary to begin with, with a maximum of no more than 1,200 seats eventually. He stated that the Jesus People Church in Minneapolis plans to locate within the parcel. Cal Hedlund of Hedlund Surveyors was present and indicated that he would be involved as a joint venturer and that the applicants preferred Design #3. There were also concerns about the use of the lots. After considerable discussion, Smith moved, Wachter seconded the motion to approve the application subject to the following conditions: 1. Design #3 as presented in the packet, with the church building generally located at the northwest corner of the parcel, shall be approved. 2. The application shall be resubmitted to the Council for final plat approval and will include an approved additional access from the church parcel, easterly to Rahn Road. 3. A detailed landscape plan including screening or buffering shall be submitted when the detailed site plan of the church has been submitted for review and shall be approved by City staff prior to final plat approval. 4. The plat shall be reviewed and approved by the Eagan Park Commission in regard to access to the City park, prior to final plat approval. 5. The developer shall meet all standard City plat conditions for this development. 6. A 60-foot right-of-way shall be dedicated for public streets. 7. This development shall petition the City for the installation of the necessary trunk storm sewer outlet for Pond AP-29. Also, the overflow outlet to Pond AP-11 must also be under construction prior to final plat approval. 8. This development shall be responsible for its trunk area watermain and trunk area storm sewer assessments at the rates in affect at the time of final platting. 5 Council Minutes September 3, 1985 9. Because this development lies within two different water pressure zones, there shall be no connections between these pressure zones. 10. With the exception of trunk storm sewer outlet construction, all costs for all other street and utility constructions - shall be the sole responsibility of this development. Mayor Blomquist was concerned about the exact location of the additional access to Rahn Road. All councilmembers voted yes, except Blomquist who voted no, based upon her concern regarding access. SEE PLAT FILE WEDGEWOOD 2ND ADDITION - PRELIMINARY PLAT The application of Brad Swenson and Jim Curry for preliminary plat approval of Wedgewood 2nd Addition consisting of approximately 10 acres and containing 22 single family lots on Outlot C, Wedgewood 1st Addition next came to the Council. The Council then continued the application since its August 20, 1985 meeting at the request of the applicant, and the Advisory Planning Commission recommended approval subject to certain conditions at its July 23, 1985 regular meeting. Dale Runkle reviewed the application and noted that the property is zoned R-2 under the Lexington South Planned Development, which would allow density within the range of 3 to 6 dwelling units per acre. The proposal would provide gross density of 2.2 units per acre with a net density of 2.5 to 2.7 units per acre. The parcel is surrounded on the north by existing highline trail and park, and the property east and west have been dedicated to the City for park and open space requirements under the Lexington South PD. There was a question as to whether the developer can line up the interior street with Waterford Drive on the south and Brad Swenson who was present, stated that it was possible to do so. Jim Curry was also present and discussed the application with councilmembers. Councilman Smith questioned whether Lot 8 could be increased in size and Lot 7 reduced, but it was noted that the existing easement would preclude that change. There were no objections and the developers agreed with the conditions of the City. Wachter moved, Egan seconded the motion to approve the application, subject to these conditions: 1. The street bubble shall be installed as proposed on the preliminary plat. 2. All standard plat conditions shall be adhered to. 3. A detailed grading, drainage, erosion and sediment control plan shall be submitted to the City staff for review and approval. 4. The developer shall construct a bituminous trail in accordance with the City's Comprehensive Trail system and it shall be constructed to City's specification as determined by the Park Commission. 5. The developer shall dedicate the necessary drainage and pond,ing easement for Pond LP-50. The easement shall cover all areas below the 893.6 elevation. Utility and drainage easements shall be dedicated as required by staff. 6 Council Minutes September 3, 1985 6. The east entrance of Hidden Valley Drive onto Wilderness Run Road shall line up with the east entrance of Waterford Drive of the Weagewood 1st Addition. - 7. This development shall not be granted driveway access to any of the lots abutting Wilderness Run Road. 8. All costs for internal utilities and streets shall be the sole responsibility of this development 9. The developer shall meet the applicable requirements of the standard engineering conditions. 10. The developer shall submit plan profiles of the utilities and streets to the City staff for review and approval. 11. All lots shall meet R-1 requirements. 12. The planned development for Lexington South shall be amended to conform with the plat of Wedgewood 2nd Addition and the density which is not used in the area of Wedgewood 2nd Addition shall not be shifted to the remainder of the planned development. All voted in favor. SEE PLAT FILE LeMAY LAKE HILLS - REZONING s PRELIMINARY PLAT The application of Al Kempf and Martin Shields for preliminary plat approval of LeMay Lake Hills consisting of 13.69 acres containing 8 single family lots and 40 apartment units, and rezoning to Planned Development, located at the northeast corner of Towerview Drive and Pilot Knob Road next was considered by the Council. The Planner noted that the revised documents requested by the Council had not been submitted to the staff and therefore, upon motion by Thomas, seconded Egan, it was resolved that the application be continued until the September 17, 1985 regular meeting. All voted yes. SEE PLAT FILE WESCOTT HILLS 4TH ADDITION - HRA INTEREST RATE REDUCTION PROGRAM Thomas moved, Egan seconded the motion to adjourn the City Council and, reconvene as the Eagan Housing and Redevelopment Authority to consider the application of John Houston and Darrel Gonyea for interest rate reduction program for Wescott Hills 4th Addition project. All members voted yes. The project is located south of Yankee Doodle Road, west of Carriage Hills Golf Course and it was noted that tax exempt financing has been approved for the project. There was no appearance on behalf of the applicants and Smith moved, Blomquist seconded the motion to continue the consideration of the application by the HRA until the September 17, 1985 regular meeting. All voted in favor. 7 Council Minutes September 3, 1985 i r. -717- r'y RECONVENING COUNCIL MEETING Egan moved, Wachter seconded the motion to close the HRA meeting and to reconvene as the Eagan City Council. All voted in favor. WESCOTT HILLS 4TH ADDITION - INTEREST RATE REDUCTION PROGRAM Due to the fact that the HRA continued the consideration of the interest rate reduction program for the Wescott Hills 4th Addition, Egan moved, Wachter seconded the motion to continue the consideration of the application until the regular meeting of the Eagan City Council on September 17, 1985. All Councilmembers voted yea. GROUP W CABLE FRANCHISE AMENDMENT Tom Hedges introduced the proposed amendment to the Group W Cable franchise, noting that the cities of Burnsville and Eagan were reimbursed by Group W for certain costs incurred for the administration of the new franchise, in the form of advance on franchise fees. The Cable Communications Act of 1984 requires such advance payments on franchise fees be reimbursed to Group W Cable over the term of the franchise. The Commission has prepared a repayment schedule providing for the repayment of the $45,560.00 to Group W over a period of 5 years through 1990. Ralph Campbell, the newly appointed Cable Administrator and Tom Creighton, the Joint Cable Commission Attorney, appeared and discussed the potential impact of the sale of Group W which is being proposed. In addition, they discussed the proposed counter-proposal to pay back a portion of the fees on an annual basis. After discussion, Smith moved, Thomas seconded the motion to approve the Resolution regarding the repayment of advances on franchise fees to Group W. All voted in favor. THOMAS LAKE PLACE - MULTI-FAMILY HOUSING BONDS The Council then considered the application of Dominium Group to set a hearing for tax exempt, multi-family housing revenue bonds in the amount of $10,000,000.00 for the Thomas Lake Place Apartment project. It was proposed that the public hearing be scheduled and representatives of Dominium Group were present. In addition, certain neighboring owners, including Lynn Trok, appeared and asked what benefits would result to the City. It was noted that, potential lower rentals and better quality construction are some of the potential benefits. Darrel Ramsborg also appeared and opposed lower rents which may create tenant problems. Bob Lutz of Dominium Group stated that the 1 to 1 1/2 point interest differential would allow more improvements to the project. It was noted the final plat application must be submitted before the hearing on the multi- family housing bonding. Egan moved, Thomas seconded the motion to continue the application until the applicant completes the final plat process and to set the hearing after completion of the approval of the final plat. All Councilmembers voted affirmatively. In addition, it was requested that a meeting between the neighbors and the developer be held prior to the final plat approval. 8 Council Minutes September 3, 1985 RAX RESTAURANT - CONDITIONAL USE PERMIT An application of Rax Restaurant to relocate the pylon sign on its property on Cedarvale Blvd. in Lot 2, Block 1, Cedarvale• 2nd Addition, came to the Council. The Planning Commission recommended approval subject to certain conditions. Dale Runkle explained the application and stated that he understood neither Perkins nor Minnesota Federal, which had been contacted about the moving of the signs, will request moving of their signs at the present time. He also noted that the signs may be within the 300 foot distance, but with very little variance. Blomquist moved, Egan seconded the motion to approve the application, noting there were no objections subject to the following: 1. The sign shall be located exactly as indicated on the drawing presented by staff, and the drawing shall be an exhibit to the conditional use permit. 2. If Perkins moves its sign outward, toward Cedarvale Boulevard, it shall be in line with the Rax sign. 3. All setbacks shall be required from the new property lines. 4. The only sign that is approved is the sign submitted with the staff report dated July 1, 1985. The sign shall be no more than 18 feet 3 inches above ground elevation and approximately 90 square feet. All members voted yes. SUNSET 4TH ADDITION - VARIANCE An application of Tri-Land Properties for an 8.5 foot sideyard setback for Lot 1, Block 3, Sunset 4th Addition was next presented to the Council. The variance would be for 1.5 feet along the western side of Lot 1, Block 1, Sunset 4th Addition. Brad Swenson appeared for the applicant. Dale Runkle explained the proposal and Charles Souza, an adjacent landowner, appeared and stated that he had discovered the error and had contacted the City Inspection staff regarding the problem. The City Administrator was requested to review the background of the issue and report to the City Council. Upon motion by Thomas, seconded Egan, it was resolved that the Council approve the variance for Lot 1, Block 3, Sunset 4th Addition. All members voted yes. AMOCO GAS STATION CONDITIONAL USE PERMIT The application of Robert Schlangen for conditional use permit for pylon sign for the Amoco Gas Station on the south side of Cliff Road at Slaters Road, came to the Council. It was noted that the application had been continued by the Advisory Planning Commission to its September 24, 1985 meeting and Thomas moved, Smith seconded the motion to continue the application until a recommendation is made by the Advisory Planning Commission. All voted yes. 9 Council Minutes September 3, 1985 FEDERAL LAND COMPANY - TOWN CENTRE 100 FIRST ADDITION - WAIVER OF PLAT The application of Federal Land Company for waiver of plat to secure an additional 15 feet of land along the westerly property line of Lot 1, Block 2, Town Centre 100 First Addition was considered by the Councilmembers. The Advisory Planning Commission recommended approval subject to conditions. Dale Runkle explained that due to a transmission line easement over the easterly 24 feet of the subject parcel, which will be a day care center site, the applicant desires an additional 15 feet along the 225 foot westerly property edge. The applicant has indicated that it will include the additional 15 feet in the replat of Outlot D. Charles Bartholdi appeared for the applicant. There were no objections and upon motion by Wachter, seconded Egan, it was resolved that the application be approved, subject to the following conditions: 1. The 15 foot change shall be platted at the time of the platting of Outlot D. 2. The easements on the westerly portion of the property shall be vacated immediately and new easements to replace the old easements shall be dedicated by the property owner immediately. All voted in favor. SAFETY KLEEN CORPORATION - CONDITIONAL USE PERMIT The application of Safety Kleen Corporation for conditional use permit to allow outside storage at its property on Lot 4, Block 1, Sibley Terminal Industrial Park was then brought to the Council for consideration. The Advisory Planning Commission recommended approval, subject to numerous conditions. Dale Runkle detailed the application, noting that the company deals with leasing hydrocarbons and chlorinated solvents for washing parts and equipment and has purchased the existing building and is proposing to construct three 15,000 gallon storage tanks for a total of 45,000 gallon capacity. The tanks would be above ground and diked in order to meet health and safety requirements of the applicable State and County agencies. Ray Karass of Safety Kleen appeared and indicated that Safety Kleen would agree to build only two tanks as proposed by the City at the present time. He mentioned that the applicant will provide for 15,000 gallons for each tank plus displacement from the other tanks, plus 10% would be available for storage. He noted that it is a warehouse facility and that the material is combustible but not flammable. The. applicant also indicated that they would need a hazardous waste manifest and Mayor Blomquist asked questions and was concerned about whether a covered outside storage area is required by the Pollution Control Agency in Dakota County. Major concerns were whether all regulations would be complied with and Smith moved, Blomquist seconded the motion to approve the application, subject'to the following: 10 Council Minutes September 3, 1985 1. The staff shall determine whether all necessary State, Federal and County regulations will be complied with, including whether covered outside storage is necessary, and in the event that it is necessary, that the application be returned to the City Council for reconsideration. 2. The approval shall be limited to the storage of combustible, non- flammable solvents as described by Raymond Karass. 3. The storage tanks shall be installed in accordance with the Eagan Fire Marshall recommendations, and shall meet all of the standards set forth by agencies which have control over these types of chemicals, including Dakota County and State of Minnesota Environmental Protection and Pollution Control Agencies, and any other State and County agencies with jurisdiction. 4. An upgraded landscape plan shall be provided for review and approval by City staff and an adequate landscape bond shall be required and not released until one year after the landscaping has been completed, and the landscaping plan shall take into consideration appropriate screening from the Waldor property at Lot 3, Block 1, Sibley Terminal Industrial Park. 5. The present building will be brought to all present standards of the Uniform Building Code and Eagan Zoning regulations. 6. All other applicable ordinances shall be enforced. 7. The tanks shall not exceed 10 1/2 feet in diameter or 20 feet in height, and they shall be painted white. 8. No more than two tanks shall be installed without obtaining an additional conditional use permit for additional tanks. All voted affirmatively. WHISPERING WOODS 2ND ADDITION - PRELIMINARY PLAT The application of Donald Hilla for preliminary plat approval of Whispering Woods 2nd Addition consisting of 15 single family lots on approximately 5 acres and rezoning from A (Agricultural) to R-1, and a variance of 10 feet from the 30 foot front setback requirement for certain lots was next brought before the Council. The 10 foot variance from the 30 foot setback would cover Lots 3, 4, 5, 6, 11, 12, and 13, and a 20 foot rear yard variance from 50 feet to 30 feet on Lots 1, 2, 3, and 4 along Slaters Road. Dale Runkle discussed with the Council the variances proposed and it was noted that certain trees and reduction of grading are the reasons for the request. In addition, the variance requested along Lots 1 through 4 was due to the 100 foot right-of-way for Slaters Road, which is wider.than the normal City street requirements. There was also concern by Councilman Smith and by the staff, about grading of the north-south street on the east line in the future. 11 Council Minutes September 3, 1985 The surveyor for Don Hilla and Mr. Hilla were both present, and discussed the intention to save trees. Don Hilla suggested that tier-drop cul-de-sacs be installed on each cul-de-sac which may reduce some lots below the 12,000 square foot minimum area requirement. There was also discussion about providing for an experimental center island and tear-drop configuration. Blomquist moved, Smith seconded the motion to approve the application for rezoning from A (Agricultural) to R-1 (Residential Single Family) and preliminary plat approval of Whispering Woods 2nd Addition and in addition, the variances approved with the following conditions: 1. That the lots along Rusten Road will be graded to accommodate future street improvements. 2. All standard plat conditions shall apply. 3. Variances to allow a 30 foot rear setback to Slater's Road for Lots 1, 2, 3, and 4, and to allow 20 foot front setbacks for Lots 3, 4, 5, and 6, and 11, 12, and 13 are granted, the purpose of granting the variances being to preserve trees and to preserve the character of the terrain. 4. The developer shall petition the City for the installation of storm sewer to Pond AP-34. 5. The developer shall upgrade its portion of Storland Road and Rusten Road to City standards. 6. A 20 foot half right-of-way shall be dedicated for Rusten Road and the cul-de-sac radiuses shall be 55 feet. 7. If required, a 20 foot utility easement shall be dedicated over the common lot line for Lots 13 and 14. 8. This development shall be responsible for all costs associated with lateral street and utility improvements and its share of the storm sewer proposed to be installed under City contract. All voted in favor. SEE PLAT FILE WESTBROOK 1ST ADDITION - REZONING & PRELIMINARY PLAT The application of Tom Westbrook for approval of the preliminary plat of Westbrook 1st Addition and rezoning from R-1 to R-1 PD was next considered by the Councilmembers. The Advisory Planning Commission at its meeting on August 25, 1985 recommended denial emphasizing that at least one lot should be reduced from the proposal. The parcel consists of 1.3 acres containing 6 single family lots which would deviate from the R-1 zoning standards. The development would be consistent with the R-II density of 3 to 6 units per acre. Five lots would provide for 67 foot width and 130 foot depth for a total square footage of 9,045 square feet per lot with a corner lot of 83 foot width for 11,205 square feet. The balance of the parcel owned by Mr. Westbrook was preliminarily laid out for potential future development, with the lots meeting all R-1 requirements. 12 Council Minutes September 3, 1985 Tom Westbrook was present and he stated the reasons for the smaller lots, noting that sewer and water is being assessed along the east line with 6 services installed. Dale Runkle indicated that it appeared that the parcel is zoned single family and also mentioned that there is a deep sanitary sewer line along the front lot lines. Smith moved, Wachter seconded the motion to approve the application for rezoning and preliminary plat approval, subject to the following conditions: 1. The plat shall be subject to the Park Commission's recommendation. 2. A deviation of the lot size shall be allowed in accordance with the exhibit accompanying the staff report. 3. All standard plat conditions shall be applied. 4. This development shall comply with all standard engineering conditions which apply. 5. A 60 foot half right-of-way shall be dedicated for Lexington Avenue. 6. A 20 foot sanitary sewer easement shall be dedicated across Lot 7 in accordance with alignment required under Project #450. All voted in favor except Egan who voted against. SEE PLAT FILE SUNSET 1OTH ADDITION - PRELIMINARY PLAT & REZONING NORWEST 2ND ADDITION - PRELIMINARY PLAT CITY WIDE AMENDMENT TO CHAPTERS 11 & 13 - ESCROW ACCOUNTS Each of the foregoing agenda items were recommended to be approved to be continued to the October 1, 1985 City Council meeting, after final consideration by the Advisory Planning Commission of each item at its September 24, 1985 meeting. Upon motion by Wachter, seconded Blomquist, it was resolved that the recommendations for continuances be approved. All voted in favor. ROBINS ADDITION & LONE OAK ADDITION - CONTRACT #85-22 The bids for Contract #85-22 consisting of Robins Addition utilities and Lone Oak Addition trunk watermain, were opened on August 30, 1985 and the low- bidder was M. Danner Trucking in the amount of $492,157.75. Thomas moved, Smith seconded the motion to accept the bid of M. Danner Trucking and to award the contract to the low bidder. All members voted yes. BLACKHAWK PARK PLANNED DEVELOPMENT A meeting was held including Mayor Blomquist, City Consulting Planner John Voss, City Attorney Paul Hauge, City' Planner Dale Runkle, and City Administrator Tom Hedges to discuss certain revisions that may be appropriate for the Blackhawk Park Planned Development. Because of the relocation of I- 35E and the open space and park land revisions, it was prcposed that certain 13 Council Minutes September 3, 1985 ^fa i revisions to the PUD be reviewed and considered by the Council. A proposed Resolution was submitted for approval by the Council regarding the review of the planned development, and upon motion by Wachter, seconded Egan, it was resolved that the Resolution be and it hereby is approved and the staff be authorized to implement the Resolution. All voted in favor. R 85-59 RAHN CLIFF ADDITION Ray Williams, representing M. G. Astleford, and Jim Hill, Engineer, appeared on behalf of the developer of Rahn Cliff Addition and recommended to the Council that it approve right-turn-in and right-turn-out from the proposed Rahn Cliff Addition on the southwest intersection of I-35E and Cliff Road. The Council, at an earlier time had deleted the access and the applicants noted that the developer of the proposed motel strongly recommends the reinclusion of the access. It was proposed that an island could be provided at Cliff Road to deter left turns in and out. Blomquist moved, Thomas seconded the motion to revise the council condition regarding the right turn in and out and to permit the right turn in and out at the Rahn Cliff Addition on Cliff Road. All members voted yea. COMPREHENSIVE PLAN MEETING Egan moved,. Wachter seconded the motion to schedule a joint special meeting of the Advisory Planning Commission and City Council for October 8, 1985 at 7:00 p.m. at the Eagan Municipal Center to review the proposed Comprehensive Plan revisions. All voted in favor. FAIR LABOR STANDARD ACT Tom Hedges discussed with the Council the Garcia Act arising out of San Antonio, Texas and its effect on over-time compensation for City employees. It was recommended that the United States Congress adopt legislation to override the decision in the Garcia case. A letter was directed to be prepared to be forwarded to Minnesota Congressmen in support of the repeal of the decision. WERNER LEMBKE LAWSUIT The City has been served with Summons and Complaint on behalf of Werner Lembke requesting a restraining order, damages and other relief regarding the City Council's action to restrain Mr. Lembke from violating the provisions of the conditional use permit granted to him in 1983. No official action was taken. CHECKLIST Egan moved, Thomas seconded the motion to approve the following checklist dated September 3 in the amount of $ 405.925.27 All voted in favor. 14 Council Minutes September 3, 1985 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 10:45 p.m. All voted yes. PHH Ci lerk 15