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09/01/1992 - City Council RegularC: ; , K : MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota September 1, 1992 A regular meeting of the Eagan City Council was held on Tuesday, September 1, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Assistant City Engineer Foertsch, and City Attorney James Sheldon. Absent was Councilmember McCrea who was out of town. ......................... City Administrator Hedges advised the Council that Item 2 of Department Head Business, Expansion of Area Involved in DNR 1991 -1993 Alternative Deer Control Program, is being requested for continuance to the Thursday, September 17, 1992, regular City Council meeting. In regard to Item A of Additional Items, the applicant has withdrawn his Request for Reconsideration, Building Permit Prior to Platting Property, Toby T. Stevens, Government Lot 7, Section 18, Township 27, Range 23. Awada moved, Wachter seconded, a motion to approve the agenda for the August 18, 1992, regular City Council meeting as amended. Aye: 4 Nay: 0 meeting: Mayor Egan asked the following correction to the minutes of the August 18, 1992, regular City Council Page 10, paragraph 3, name should be spelled, "Haverkamp " Pawlenty moved, Awada seconded, a motion to approve the minutes of the August 18, 1992, regular City Council meeting as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS POLICE DEPARTMENT/YOUTH RELATIONS OFFICER Mayor Egan introduced this item as the hiring of a replacement for the recently appointed Youth Relations Officer. As a point of clarification, two officer positions were authorized with the 1992 budget and two are anticipated with the 1993 budget. It is the request of the Police Department that one of the two officer positions for 1993 be moved up for immediate hire as a "replacement" for the officer now with Youth Relations in School District #196. Wachter moved, Awada seconded, a motion to approve the authorization of a replacement for the youth relations officer in addition to the three current openings in the Police Department. Aye: 4 Nay: 0 EXPANSION OF SPECIAL HUNT AREA /DNR The item dealing with expansion of the area involved in the DNR 1991 -1993 Alternative Deer Control Program was continued to the Thursday, September 17, 1992, regular City Council meeting with approval of the agenda. .r40 PAGE 2/EAGAN CITY COUNCIL MINUTES September 1, 1992 HUNTING PERMIT /MICHAEL GUGGENBERGER Pawlenty moved, Awada seconded, a motion to approve a special hunting permit for Michael Guggenberger for hunting deer with bow and arrow on property owned by Gopher Smelting and Refining Company. Aye: 4 Nay: 0 A. Personnel Items Item 1. Seasonal Park Positions - -It was recommended that the hiring of Everett Culverson, Richard Holst, Paul Carlson, and Mark Kesti as seasonal park maintenance workers and Amy Hampton as a seasonal park attendant be approved. B. Proclamation, Book It DU /National Reading Incentive Program. October 1. 1992 1992. It was recommended that October 1, 1992, be proclaimed as Book It Day in the City of Eagan. R -92.76 C. Correct Public Hearing Date to September 17. 1992. for Assessment of Delinquent Bills The public hearing date for the assessment of delinquent utility bills was corrected to September 17, D. Contract 92 -08. Receive Bids /Award Contract. Blackhawk Park It was recommended that Improvement Contract 92-08 be awarded to Bituminous Roadways, Inc., in the amount of $440,681.55. E. Contract 92 -N. Receive Bids /Award Contract. Blackhawk Park Boardwalk It was recommended that Improvement Contract 92 -N for Blackhawk Park Boardwalk be awarded to Galva -Foam Marine Industries in the amount of $44,658. F. Contract 92 -11. Receive Bids/Award Contract (Lakeview Trails Addition - Streets & Utilities) It was recommended that the bids for Contract 92 -11 (Lakeview Trails Addition - Streets & Utilities) be received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. G. Contract 92 -10. Aonrove Change Order #1 (Weston Hills Trunk Utilities) It was recommended that Change Order #1 to Contract 92 -10 (Weston Hills Trunk Utilities) and the Mayor and City Clerk authorized to execute all related documents. H. Final Plat. Hawthorne Woods West It was recommended that the final plat for Hawthorne Woods West be approved and the Mayor and City Clerk authorized to execute all related documents. R -92.77 PAGE 3/EAGAN CITY COUNCIL MINUTES September 1, 1992 I. Shows License. Stipe Shows. Inc.. for Dakota Fun Fest. September 26 & 27 1992 It was recommended that a shows license be approved for Stipe Shows, Inc., for Dakota Fun Fest for September 26 & 27, 1992. J. Memorandum of Lease. U. S. West New Vector Group & City of Eagan It was recommended that the memorandum of lease with the U. S. West New Vector Group be approved and the Mayor & City Clerk authorized to execute all appropriate documents. K. Authorize Solicitation of Quotes for Snow Removal Services It was recommended that the competitive solicitation of contractual snow removal services be authorized for the 1992 -1993 snow removal season. L. Stipulation of Settlement Agreement. Richard McGrew Prol& It was recommended that a resolution adopting a stipulation of settlement for the Richard McGrew property be approved as presented. R -92.78 M. Contract 91 -08. Authorize Final Contract Payment Mdderness Run Road - Street & Utility Improvements) It was recommended that the final payment for Contract 91-08 (Wilderness Run Road - Street & Utility Improvements) be approved in the amount of $11,290.64 and the improvements accepted for perpetual maintenance subject to appropriate warranty provisions. N. Project 613. Receive Final Assessment Roll/Order Public Hearing (Willbrook Addition - Streets & Utilities It was recommended that the final assessment roll for Project 613 (Willbrook Addition - Streets & Utilities) be approved and a public hearing scheduled to be held on October 8, 1992. O. Contract 91 -C. Manor Lake 3rd Addition - Streets & Utilities. Acknowledge Completion /Authorize City Maintenance It was recommended that completion be acknowledged and perpetual maintenance authorized for Project 91 -C, Manor Lake 3rd Addition - Streets & Utilities, subject to warranty provisions. P. Contract 91 -06. Approve Change Order #2 (E=dale Center Industrial Park #3 & #4 - Street Improvements It was recommended that Change Order #2 to Contract 91 -06 (ECIP #3 & #4 - Street Improvements) be approved and the Mayor and City Clerk authorized to execute all related documents. Q. Contract 92- 12Ap12rove Plans /Authorize Bids - Poppler Homestead #2 (Poppler Lane - Streets & Storm Sewer) It was recommended that plans for Contract 92 -12 (Poppler Homestead #2, Poppler Lane - Streets & Storm Sewer) be approved and the advertisement for bids authorized with a bid opening to be held at 10:30 a.m., September 15, 1992. © r-. ' 4 - 7 ,_ "- -.Z PAGE 4 /EAGAN CITY COUNCIL MINUTES September 1, 1992 Nay: Pawlenty moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 4 DEERWOOD MIDDLE SCHOOL PROJECT Mayor Egan introduced this item as an update on the Deerwood Middle School Project. Director of Community Development Runkle asked that the City Council give consideration to hiring consulting engineers, Short - Elliott - Hendrickson, to perform a traffic analysis for the school project. He said the estimated cost is $2,700 but appears to be the only way to answer questions the neighbors have in regard to traffic and safety concerns. Mr. Runkle also indicated the City has narrowed the scope of the analysis to lower costs and would negotiate with the School District as to their cost participation. Councilmember Wachter questioned the precedence for such action and asked whether the neighborhood was willing to fund some of the costs. Community Development Director Runkle mentioned the St. Thomas Becket traffic study but it was pointed out that the church paid 100% of those costs. Mr. Runkle said that while the school district has indicated they have not budgeted for such an expenditure, neither has the City. Councilmember Wachter then expressed his concerns that even if the study suggests changes, the school district will be unwilling to make those changes. Councilmember Awada acknowledged that possibility but said the study results would at a minimum give the neighborhood some leverage with the School District. After further discussion, Wachter moved, Awada seconded, a motion to authorize Short- Elliott- Hendrickson to perform a traffic analysis for the Deerwood neighborhood and the Deerwood Middle School project. Aye: 4 Nay: 0 Mayor Egan wished it noted that this direction was given with the understanding that the City and School District will be co- partners in the costs of the traffic study and that staff will negotiate the lowest cost to the City. ..................... ............................... lEl >lil�IGi�1�� >; FINAL ASSESSMENT HEARING MANOR LAKE 4TH ADDITION Mayor Egan introduced this item as Project 621, Final Assessment Hearing, Manor Lake 4th Addition - Streets & Utilities. City Administrator Hedges said that a meeting had been held between Director of Finance VanOverbeke and attorney Todd Rapp, representing Robert Middlemist, developer of Manor Lake 4th Addition, regarding the assessments for that property. Assistant City Engineer Foertsch presented an overview of the project and showed the final costs as substantially under feasibility report estimates. Mr. Foertsch also pointed out that an appraisal performed by Ray Connelly indicated no benefit to the Lakeview Trail Addition; therefore, it was established at the public hearing for Project 621 that the cost of the improvements were to be the sole responsibility of Manor Lake 4th Addition. Todd Rapp questioned solely assessing Mr. Middlemist and the Manor Lake 4th Addition for the improvements associated with Project 621. He said the City's decision to assess in that manner was based on an appraisal by Ray Connolly, of Ray Connolly Realty, which Mr. Rapp believes to be outdated with the development of the Lakeview Trail Addition. He said both properties have benefitted from the improvements oc s_ Z3 PAGE 5/EAGAN CITY COUNCIL MINUTES September 1, 1992 to Highway 3 yet only one property is being assessed. Mr. Rapp then went on to point out a number of errors in the computation of the assessment as well as in estimated costs. Councilmember Pawlenty said that Mr. Connolly's appraisal had indicated that the access onto Highway 3 was of no benefit to the Lakeview Trail Addition and suggested that the access may even diminish the value of that property. Mr. Rapp said there was nothing in the Connolly appraisal that "resembled an appraisal." He said a comparison should have been done of the market value before and after the improvements. In addition, Mr. Rapp said that Mr. Connolly had concluded that as long as the parcel to the south remained undeveloped, it would derive no benefit from the bypass or the turn lane. After Mr. Connolly's appraisal, the pending assessments remained against the property and when the property developed a few months later, the development process went forward without objection to those pending assessments. Mr. Rapp said it was only through a review of Lakeview Trail Addition that City staff discovered the assessments were in error and removed them. He objected to the City's "arbitrarily" eliminating the assessments to the Lakeview Trail property without a public hearing or notice. Mayor Egan said that on October 15, 1991, in good faith, the City Council acted on facts which had led Ray Connolly to conclude that the Lakeview Trail Addition would not benefit from the improvements. The Mayor said it appeared that the City's burden was not to determine whether anyone else should be assessed but whether Manor Lake 4th Addition benefitted to the extent of the assessment. Director of Finance VanOverbeke said that the assessment against the Lakeview Trail Addition was eliminated as a pending as a result of City Council action on October 15, 1991; however, it was not immediately removed from the records. When the error was discovered, it was corrected. Mayor Egan asked City Attorney Sheldon if with the action that has been taken whether there is any legal basis to assess the developer of the Lakeview Trail Addition. Mr. Sheldon said it was possible if there was a change in circumstances or an error in the original assessment. After additional discussion, Mayor Egan suggested the item be continued to clarify the issue. Councilmember Pawlenty said he was comfortable moving ahead but suggested it may be worth another appraisal to more equitably assess the costs of the project. Director of Finance VanOverbeke asked several questions of the City Council regarding public policy issues. It was the general consensus of the Council that if the policies apply to all others, they should be applied in this instance in a like manner. After further discussion, Pawlenty moved, Awada seconded, a motion to continue the final assessment hearing for Project 621 (Manor Lake 4th Addition - Streets & Utilities) to the September 17, 1992, regular City Council meeting to obtain a supplemental appraisal for the purposes of determining whether any other property should also be assessed. Aye: 3 Nay: 1 (Wachter) AWARD CONTRACT /COUNCIL CHAMBER MEDIA EQUIPMENT & INSTALLATION Mayor Egan introduced this item as receive bids /consider award of contract for Eagan City Hall Council Chambers media equipment and installation. City Administrator Hedges said that the upgrade bids had been received and analyzed but had come in higher than projected. The City Council expressed their disappointment with the higher than anticipated costs for the City Council Chambers renovations. Mike Reardon, Cable Coordinator, pointed out that changes necessitated by the passage of the Americans with Disabilities Act had resulted in increased costs of approximately $7,000. In 0C .% Z PAGE 6 /EAGAN CITY COUNCIL MINUTES September 1, 1992 addition, Mr. Reardon said that with the volume of work contractors have right now, they are not bidding as only two of the expected five or six contractors submitted a bid. He said a reduced bid had been negotiated with the low media equipment bidder; however, if the City Council wished to rebid the contract, a change in the business climate was not anticipated for at least the next few months. Mayor Egan said his primary concerns were whether existing equipment would last through a rebidding process and whether rebidding would bring a reduction in costs. Dick Stewart, the City's consultant with Electronic Interiors, said that if the bid were delayed eight weeks, a bid reduction of $5,000 - $6,000 might be possible. Mike Reardon said that failure of the present equipment was a legitimate concern and pointed out that some of the equipment has already failed and loan equipment was being used. Discussion continued regarding payment of these improvements from cable franchise fees. Mr. Reardon said these fees can only be used for cable related purposes by the City of Eagan. He noted that the City of Burnsville has hired a communications specialist for "cable related purposes" paid from their franchise fees. Councilmember Awada, while indicating that she would not delay the project, expressed her disappointment at the payment of $20,000 in consulting fees for a contract $21,000 over budget. Mr. Reardon then explained the alternate portions of the bid. He noted that as a result of the ownership transfer resolution, Alternate T1 is fully funded by Cable TV North Central. Mayor Egan asked if Alternate T2 was integrated into the system or whether it could be added at a later date. Mr. Reardon said that Ti was integrated into the system but T2 could be added at a later date. Awada moved, Wachter seconded, a motion to receive the bids and approve and award the contract for the Eagan City Hall Council Chambers media equipment and installation to the low bidder with the inclusion of Alternate T1. Aye: 4 Nay: 0 AWARD CONTRACT /COUNCIL CHAMBERS ALTERATIONS Award of this contract was included with the previous motion. RECEIVE BIDS /AWARD TRUCK /PUMPER TRUCK Mayor Egan introduced this item as receive bids, consider award of contract for construction of a pumper truck for the Fire Department. City Administrator Hedges said the City has authorized the bidding for the construction of the pumper truck as a part of its five -year Capital Improvements Program. He said the process for the bid was extended to permit the Fire Department's Executive Committee and Truck Committee to review concerns associated with the low bid. Mr. Hedges said the concerns have been worked out and additional conditions have been agreed to by the low bidder, General Safety. Fire Chief Ken Southorn thanked the Truck Committee for all their extra work on this bid. He said an inspections team from the Fire Department would make periodic visits to the General Safety facility to make suggestions and recommendations as the truck is constructed. Wachter moved, Pawlenty seconded, a motion to approve awarding the contract for the construction of a pumper truck for the City of Eagan Volunteer Fire Department to General Safety Equipment Corporation in the amount of $179,550 with certain fabrication quality standards as required by the truck committee of the Volunteer Fire Department. Aye: 4 Nay: 0 PAGE 7 /EAGAN CITY COUNCIL MINUTES September 1, 1992 PRELIMINARY PLAT EXTENSION /POPPLER ADDITION Mayor Egan introduced this item as consideration of a preliminary plat extension, Poppler Addition. Director of Community Development Runkle said that staff and the applicant had worked through the issues and the plat was ready for extension. Rollie Crawford, attorney for the Poppler's, added that it had been a long process and that financial and easement concerns had been worked through. He said the final plat would soon be before the City Council for their consideration. Wachter moved, Awada seconded, a motion to approve a preliminary plat extension for the Poppler Addition. Aye: 4 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PRELIMINARY PLAT /MEGHANS ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D -III (Mixed Residential), a Rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4 (Multiple) and Preliminary Plat consisting of 11 lots and 88 units located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30. City Administrator Hedges said this development was last considered at the July 7, 1992, regular City Council meeting and at that time staff was directed to work with the developers and Dakota County regarding access onto Diffley Road. After review by the County Board and the Physical Development Commission, the County has recommended no access onto Diffley Road. Mr. Hedges said that with the County denial, the developer requested Council consideration of an alternative plat without access onto Diffley Road. Staff has reviewed the plan and notices were sent to neighboring residents. Mark Parranto, representing Pulsar, Inc., stated that they had gone before the County Board and the Physical Development Commission but because the development is a replat, the County is not required to provide access. Mr. Parranto said that because of the access refusal, the interior streets had to be reconfigured pushing the buildings back toward the single family homes. He presented an alternative plan with a single access onto Nicols and said he could see no other alternative. John Bolke, 2141 Marble Lane, asked about the public safety aspects and suggested that if the development takes its only access onto Nicols Road that left -turn lanes and arrows be installed on Nicols at Diffley. Assistant City Engineer Mike Foertsch reported that with the road design as it is, the County does not feel that the Trips Per Day generated on Nicols warrant those changes. The Council then discussed whether two access points onto Nicols might not be preferable to one. Mr. Parranto said that the proposed access is at the low point on Nicols Road and that they would have problems with access at any other point. He suggested platting the parcels for each building individually and then taking access directly off Diffley Road. He said the development could be composed of lots and blocks and would not require a plat. Mr. Parranto said it would, however, require variances to the City Code because the Code does not permit land locked parcels. The Council expressed reservations about a proposal that would attempt to skirt the County process but did suggest further investigation into dual access onto Nicols Road. Wachter moved, Awada seconded, a motion directing the City Attorney to review the developer's proposal to condominimize the units and determine whether it is feasible to replace the proposed Meghans Road with two access points onto Nicols Road. Aye: 4 Nay: 0 Oc:..- I PAGE 8 /EAGAN CITY COUNCIL MINUTES September 1, 1992 The Council advised Mr. Parranto to attempt to configure the property in such a way that it would not bring the townhouses closer to the single - family properties. M EXPANSION MVTA PARK & RIDE /CEDARVALE Mayor Egan introduced this item as expansion of the MVTA Park & Ride lot facility in City right -of -way adjacent to Cedarvale Mall. City Administrator Hedges said that Beverly Miller, Executive Director of the Minnesota Valley Transit Authority, was present and was requesting a 30 space expansion of the park and ride. Director of Community Development Runkle said this is a temporary solution and in 1994, the MVTA would be looking at a larger site. Mr. Runkle said the present proposal is all within City right -of -way and no private property is involved. Wachter moved, Awada seconded, a motion to approve a request from the Minnesota Valley Transit Authority to expand its current park and ride lot facility in City right -of -way adjacent to Cedarvale Mall. Aye: 4 Nay. 0 SPECIAL USE PERMIT /DAKOTA FUN FEST Mayor Egan introduced this item as a special use permit for Dakota, Inc., for off -site signage for Dakota Fun Fest, September 26-27, 1992. Wachter moved, Pawlenty seconded, a motion to approve a special use permit for Dakota, Inc., to allow temporary directional signs for the Dakota Fun Fest from September 14, - September 28, 1992. Aye: 4 Nay- 0 AGREEMENT /DRIVEWAY EASEMENT/LOST SPUR Mayor Egan introduced this item as an agreement for a driveway easement, Bob Ferguson representing the Osman /Lost Spur property. City Administrator Hedges said this was a specific request on behalf of the Osman Temple. Mr. Ferguson said the existing road is in disrepair and they want to run a driveway out to Highview Avenue. He said the property owners on either side are not opposed to the proposal. Awada moved, Wachter seconded, a motion to approve a private driveway agreement for Robert Ferguson for the Lost Spur property. Aye: 4 Nay: 0 MODIFICATION /PRELIMINARY PLAT SS MARTHA & MARY EPISCOPAL CHURCH Mayor Egan introduced this item as a modification of the preliminary plat for the Episcopal Church Addition /Ss. Martha & Mary Episcopal Church, to exclude Lot 1, Block 1, Kirschner Plaza, from the final plat. Director of Community Development Runkle explained that representatives of the Church have asked that 1021 Diffley Road be removed from the preliminary plat for development of the church property. Mr. Runkle said the Church's original intent was to acquire the property at 1025 Diffley Road and combine it with the church parcel and the property at 1021 Diffley. Because they have not been able to acquire the property at 1025 Diffley, they are unsure what role either parcel will play in the overall development. Councilmember Pawlenty stated that the two homes (at 1021 and 1025 Diffley Road) are in an unusual location with commercial property to the south, apartments to the north, and the school to the east as well as being at a significant intersection. He wondered if carving out this piece of property and preserving it as a lot PAGE 9/EAGAN CITY COUNCIL MINUTES September 1, 1992 for a single - family home sale was good planning in the long term. Mayor Egan agreed and suggested the item be continued to permit someone from the church to be present to answer any questions. Wachter moved, Pawlenty seconded, a motion to continue to the September 17, 1992, regular City Council meeting a request from Ss. Martha and Mary Episcopal Church to eliminate the location of the temporary church office located at 1021 Diffley Road from the preliminary plat, Episcopal Church Addition. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT /SUPERAMERICA Mayor Egan introduced this item as a Conditional Use Permit for SuperAmerica, to allow a pylon sign on Lot 1, Block 1, Oak Cliff 6th Addition, located along the south side of Cliff Road west of Slater Road in the NW 1/4 of Section 31. City Administrator Hedges said the item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended approval. Bill Ferris of SuperAmerica was present to answer any questions. Pawlenty moved, Awada seconded, a motion to approve a conditional use permit for SuperAmerica to allow a pylon sign to be located at the intersection of Cliff and Slater Road subject to the following conditions: 1. The pylon sign shall meet the ordinance requirements and shall be subject to a one -time sign fee of $2.50 per sq.ft. 2. All other City Codes and requirements shall be met. Aye: 4 Nay: 0 CONDITIONAL USE PERMIT /RYAN CONSTRUCTION OUTDOOR STORAGE Mayor Egan introduced this item as a Conditional Use Permit for Ryan Construction Company to allow outdoor storage on Lot 15, Eagandale Center Industrial Park #2, located along the east side of Lexington Avenue north of Lone Oak Road in the SW 1/4 of Section 2. City Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended approval. Director of Community Development Runkle described the location and background of the application and noted that no one had attended the APC public hearing to address the item. Awada moved, Pawlenty seconded, a motion to approve a conditional use permit for Ryan Construction to allow outside storage on property located at 2950 Lexington Avenue South and subject to the following conditions: L The conditional use permit shall be recorded at Dakota County within 60 days of City Council approval with documentation provided to, the City. 2. The City Council shall approve any fence height in excess of 6' surrounding storage area. 3. All damaged or missing fence material shall be repaired or replaced on the redwood boundary fence along the north property line. 4. Storage area shall be kept clean and organized. Aye: 4 Nay: 0 0C PAGE 10 /EAGAN CITY COUNCIL MINUTES September 1, 1992 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING /CAPONI Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment for Anthony Caponi, changing the land use from D -I (Single Family) to P (Parks) and a Rezoning of approximately 58 acres from AG (Agricultural) to PK (Parks) located along the north, and south sides of Diffley Road in the SE 1/4 of Section 22 and NE 1/4 of Section 27. City Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended approval. Director of Community Development Runkle advised that this change does not allow any construction. He suggested that the property be platted before any construction begins thus providing for some type of review process during development to get resident input. Anthony Caponi, the property owner, was present to answer any questions. Pawlenty moved, Awada seconded, a motion to approve a comprehensive guide plan amendment changing the land use from D -I (Single - Family) to P (Parks) located along the north and south sides of Diffley Road in the SE 1/4 of Section 22 and the NE 1/4 of Section 27. Aye: 4 Nay: 0 Pawlenty moved, Wachter seconded, a motion to approve a rezoning from AG (Agricultural) to PK (Parks) for approximately 58 acres located on both sides of Diffley Road, west of Lexington Avenue as requested by Anthony Caponi. Aye: 4 Nay: 0 R -92.79 PRELIMINARY PLAT /DEERHAWK ADDITION Mayor Egan introduced this item as a Preliminary Plat for Deerhawk Addition /Dakota County State Bank, consisting of five lots on approximately 2.4 previously -zoned R -1 (Single- Family) acres located along the south side of Deerwood Drive in the SE 1/4 of Section 20. City Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended approval. Gary Fuchs, the attorney representing the Dakota County State Bank, said that the applicant does not agree with the financial obligations stated in the staff report. Mr. Fuchs said that the financial investment the bank has in the property was security for a loan. He said in order for the bank to recover its money, it must develop the property. After discussion, it was suggested that Mr. Fuchs try to resolve the financial issues with staff. Mayor Egan noted that the major financial conditions of the plat are contained within Condition 1, Al which could be waived at the time of final plat. Councilmember Pawlenty said the condition could be waived if staff agrees and makes a recommendation to the City Council and the City Council accepts that recommendation. Mr. Fuchs agreed. Pawlenty moved, Wachter seconded, a motion to approve a preliminary plat for Dakota County State Bank for deerhawk Addition consisting of five single family lots at the southeast intersection of Deerhawk Road and Deerwood Drive and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, Bl, B4, Cl, C2, El, Fl, Gl, and Hl 2. Tree preservation shall be accomplished with a physical barrier prior to any site grading. 3. 30' front building setbacks shall be allowed for all lots. 4. The lowest entry level of the houses on this site shall have a minimum elevation of 889.0 to provide two feet of freeboard above the 100 -year HWL of the wetland. l_ ".. PAGE 11 /EAGAN CITY COUNCIL MINUTES September 1, 1992 5. Individual sanitary sewer and water services will be provided to each lot and the developer will be responsible for repairing the existing streets at each crossing. 6. No driveways will be allowed onto Taconite Trail. Aye: 4 Nay: 0 PLANNED DEVELOPMENT AMENDMENT /DRIVE THRU FACILITY SEMPER HOLDINGS Mayor Egan introduced this item as a Planned Development Amendment for Semper Holdings, Inc., to allow a drive -thru facility on Lot 3, Block 1, Hadler Park Addition, located along the south side of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31. City Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended denial for health, safety, and traffic congestion reasons. Director of Community Development Runkle described the proposal and its location. He reported that from staff's viewpoint the drive - through changes the overall circulation of the planned development and does not lend itself to a safe configuration. Craig Christensen, Walgreens, said they were constructing the drive - through as an experiment. He said it is a valuable service to the elderly and the handicapped and noted that their Apple Valley store has only 10 - 15 cars per day at the drive - through. Mr. Christensen said there were several mitigating factors to staff's concerns including: Walgreens is not a heavy generator of traffic, the drive - through can be adequately signed to solve the traffic issues, and it is limited to medicines. Mr. Christensen said there was neighborhood opposition to the project in general but they haven't had those objections to this proposal. Councilmember Wachter said he would have preferred that the drive- through be placed at the back or side of the building. Mr. Christensen pointed out that the drive- through has to be next to the pharmacy where the prescriptions are filled. Because the layout has already been designed, it would be too costly now to retrofit the building for the drive- through to be relocated. After additional discussion, it was generally agreed that the Council would encourage a drive- through but at the back of the building. Wachter moved, Awada seconded, a motion to deny a Planned Development Amendment for Semper Holdings, Inc., to allow a drive -thru facility on Lot 3, Block 1, Hadler Park Addition, located along the south side of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31. Aye: 4 Nay: 0 TRUTH IN TAXATION /CERTIFICATION OF PROPOSED PROPERTY TAX LEVY Mayor Egan introduced this item as Consideration of Dates for Truth -in- Taxation Public Hearings & Certification of a Proposed General Property Tax Levy for Collectable 1993. Wachter moved, Pawlenty seconded, a motion to approve December 1 as the public hearing date and December 9 as the continuation date to fmalize a levy certification and adopt a spending appropriation for the general fund. Aye: 4 Nay: 0 PAGE 12/EAGAN CITY COUNCIL MINUTES September 1, 1992 REQUEST FOR RECONSIDERATION TOBY T STEVENS Mayor Egan introduced this item as a Request for Reconsideration, Building Permit Prior to Platting Property, Toby T. Stevens, Government Lot 7, Section 18, Township 27, Range 23. No action was taken on this item as Mr. Stevens has withdrawn his request for reconsideration. DEERWOOD MIDDLE SCHOOL PROJECT This item was handled earlier on the agenda. DON CHRISTIANSON DUPLEX/LOT COVERAGE Mayor Egan introduced this item as a request from Don Christianson regarding lot coverage for a duplex on Crestridge Drive. Director of Community Development Runkle said that the lot coverage exceeds the maximum by 1.3 %, which is less than originally thought. He said the garage could be scaled down in order to meet lot coverage standards, however, the 1.3% overage would have little impact. Mr. Runkle noted that the surrounding property owners have been surveyed and there have been no objections. Don Christianson advised the Council that if he had realized that the building would exceed maximum standards, he would not have designed it in such a manner. After discussion, Egan moved, Awada seconded, a motion to approve issuing a building permit for Don Christianson for the property on Crestridge Drive conditioned upon application for a variance and subject to compliance with all application procedures. Aye: 3 Nay: 0 Abstain: 1 (Wachter) FIRE TRUCK OPTIONS Fire Chief Ken Southorn apologized to the City Council for not requesting action of the City Council earlier in the meeting for the options being proposed with the purchase of the pumper truck. Mayor Egan asked with a $179,000 bid, how much the pumper truck was under budget. Chief Southorn said $205,000 had been budgeted for this purchase. Wachter moved, Pawlenty seconded, a motion to approve the options for the pumper truck for the Fire Department as outlined in Exhibit A. Aye: 4 Nay: 0 UPDATE /APOTHECARY The City Administrator requested direction of the City Council regarding any incentives the City might offer Apothecary, Inc., to locate in the City of Eagan. After discussion, the City Council voiced its opposition to any type of financial incentives but directed staff to obtain more information regarding Apothecary and work with the firm to encourage its relocation to Eagan. PAGE 13 /EAGAN CITY COUNCIL MINUTES �. V September 1, 1992 FEDERAL RESERVE BANK BUILDING PERMIT Mayor Egan introduced this item as the Federal Reserve Bank building permit. Wachter moved, Awada seconded, a motion authorizing staff to process concurrently the building permit and plat applications of the Federal Reserve Bank contingent upon that facility's location in the Water's Development of the City of Eagan. Aye: 4 Nay: 0 REQUEST FOR RECONSIDERATION /RICHARD L ROSENBERG Egan moved, Pawlenty seconded, a motion to approve a request for reconsideration and authorize the reimbursement of 50% of $660.50 in attorney's fees incurred by Richard L. Rosenberg in connection with the vacation of an easement at Lot 6, Block 1, Lakeside Estates. Aye: 4 Nay: 0 PROJECT 610 /OAKS OF BRIDGEWATER 2ND ADDITION Awada moved, Pawlenty seconded, a motion to receive the final assessment roll for Project 610 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) and schedule a public hearing to be held on October 8, 1992. Aye: 4 Nay: 0 CITY ADMINISTRATOR/INVER GROVE HEIGHTS Mr. Bill Klein, Inver Grove Heights City Councilmember, announced that their City would be hiring Jim Willis as IGH's City Administrator /City Clerk effective October 1, 1992. MISCELLANEOUS ITEMS The next Sign Task Force meeting will be September 2, 1992. PROJECT 642 /CRESTRIDGE DRIVE Wachter moved, Egan seconded, a motion to receive the petition and authorize a feasibility report for Project 642 (Crestridge Drive - Streets, Utilities & Streetlights). Aye: 4 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated September 1, 1992, in the amount of $717,217.93. Aye: 4 Nay: 0 EXECUTIVE SESSION /ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider pending litigation at 10:50 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, Pawlenty and Wachter, City U::: . . PAGE 14 /EAGAN CITY COUNCIL MINUTES September 1, 1992 Administrator Hedges, Assistant City Engineer Foertsch, and City Attorney Sheldon. The executive session was adjourned at approximately 11:10 p.m. KF CITY OF EAGAN E.' . anOverbeke City lerk If you need these minutes in an altemaUw form such as kW prin4 brainy audio tape, etc, please contad the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681 -4604 (7DD phone: (612) 4544535). 0l. ;.r3S F/-//F z . L _ r • , 000 psi. a^-Q- Q.