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03/17/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota March 17, 1992 A regular meeting of the Eagan City Council was held on Tuesday, March 17, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. ......................... City Administrator Hedges said that Consent Item F, Appointments for the Solid Waste Abatement Commission Vacancies, would be pulled from the Consent Agenda for action and when addressed, New Business Item E, Preliminary Plat for Midwest Restaurant Associates/Town Centre 70 - 12th Addition, would be recommended for indefinite continuance. McCrea moved, Wachter seconded, a motion to approve the agenda for the March 17,1992, regular City Council meeting as amended. Aye: 5 Nay: 0 Mayor Egan noted that the motion to approve the Consent Agenda was not included in the minutes for the March 2, 1992, regular City Council meeting. Therefore, after the last item of the Consent Agenda in the minutes of the March 2, 1992, meeting, add the following motion: Pawlenty moved Egan seconded a motion to approve the Consent Agenda for the March Z 1992 regular City Council meeting as presented. Aye: 5 Nay: 0 Pawlenty moved, Awada seconded, a motion to approve the minutes of the March 2, 1992, regular City Council meeting as amended. Aye: 5 Nay: 0 DAVID HETLAND /CONGRESSMAN RAMSTAD'S OFFICE David Hetland from Congressman Jim Ramstad's Bloomington office was present to answer any questions and offer the assistance of the Congressman's office. The Council acknowledged Mr. Ramstad's help in working on the Post Office issue and said they appreciated the Congressman's accessibility. A. Personnel Items Item 1. Seasonal Ballfield Attendants - -It was recommended that the hiring of Melinda Kaltenhauser, Rob Merrill and Rob Parrott as seasonal ballfield attendants be approved. Item 2. Part -time Clerical Tech III /Central Services Maintenance- -It was recommended that the hiring of Sheri Bergeland as a part -time Clerical Technician III (Job Share) for Central Services Maintenance be approved subject to successful completion of the City's physical examination requirement. Item 3. Assistant Finance Director - -It was recommended that the hiring of Thomas Pepper, as the Assistant Finance Director, be approved subject to successful completion of the City's physical examination requirement. Page 2 /EAGAN CITY COUNCIL MINUTES March 17, 1992 Item 4. Part -Time Receptionist /Clerical Tech II - -It was recommended that the hiring of Julie Kaufman - Boom as a Receptionist /Clerical Tech H be approved subject to successful completion of the City's physical examination requirement. B. Plumbers' Licenses It was recommended that the plumbers licenses be approved as presented in Exhibit A. C. Compost Site Lease Termination It was recommended that a notice of termination for the Dakota County Compost Site lease be approved so that County compost operations vacate the site no later than June 30, 1992. D. Proclamation, Health Fair 11 Day, April 8. 1992 It was recommended that a proclamation designating March 28, 1992, to be Health Fair 11 Day in the City of Eagan be approved. E. Consideration, Purchase Utility Vehicles. Fire Department It was recommended that two Fire Department utility vehicles be approved for purchase. F. Appointments. Solid Waste Abatement Commission Vacancies It was recommended that the appointment of a three -year resident or business representative, and a one - year alternate representative to the Eagan Solid Waste Abatement Commission be removed from the Consent Agenda for balloting. G. Project 631. Authorize Feasibility Report, Lone Oak Road /Eagandale Boulevard (Intersection Improvements /Signalization) It was recommended that the preparation of a feasibility report for Project 631 (Lone Oak Road /Eagandale Boulevard - Intersection Improvements /Signalization) be approved. H. Contract 92 -03. Receive Bids/Award Contract (South Well Field Conversion) It was recommended that the bids for Contract 92 -03 (South Well Field Conversion) be received and that the contract be awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. I. Final Plat, Hadler Park It was recommended that the final plat for Hadler Park be approved. Pawlenty moved, Wachter seconded, a motion to approve the Consent Agenda with the exception of Item F, Appointments, Solid Waste Abatement Commission Vacancies. Aye: 5 Nay: 0 After balloting for the Solid Waste Abatement Commission, Cheryl Dusek was selected as the three -year resident representative. A second ballot selected Dan Breva as the one -year alternate representative for that Commission. q ti Page 3 /EAGAN CITY COUNCIL MINUTES March 17, 1992 RAHN ROAD APPELLANTS' MOTION FOR COSTS Mayor Egan introduced this item as the Rahn Road Appellants' motion for costs. Egan moved, Wachter seconded, a motion to approve the issuance of a check to the appellants in the sum of $5,593 as ordered by Judge Mansur. Aye: 5 Nay: 0 HELLER VS CITY OF EAGAN Mayor Egan introduced this item as the Heller vs the City of Eagan assessment appeal. Wachter moved, Awada seconded, a motion to approve a resolution that the Heller parcel be reassessed from its levied assessment of $49,277.80 to $40,000 which in essence approves a Stipulation for Settlement resolving the Heller assessment appeal. Aye: 5 Nay: 0 MISCELLANEOUS ITEM EAGAN HIGH SCHOOL PARKING City Administrator Hedges asked for direction from the City Council regarding the parking problems adjacent to Eagan High School. It appears that parking concerns are lessening with students using more consideration for the neighborhood in avoiding driveways and mailbox areas. However, Mr. Hedges will ask Independent School District #196 to consider a one -day parking permit process that is less cumbersome and would act to encourage students to park in the school lot. After further discussion, the Council agreed that no restricted parking signs would be posted on the residential streets but any violation which on- street parking may cause residents in receiving mail or full use of their driveways would be enforced. The Council expressed their appreciation to Eagan High School Principal Tom Wilson and the Student Council for their efforts to resolve the issue. FINAL ASSESSMENT HEARING/WOODLANDS NORTH ADDITION Mayor Egan introduced this item as Project 596R, final assessment hearing for Woodlands North Addition. The City Administrator and Director of Public Works provided brief comments. Trygve Hoveland (10- 83700- 011 -02) asked if his property was to be assessed and Director of Public Works Colbert advised him that Project 596R had been scaled back and his property would not be assessed with this project. Wachter moved, Pawlenty seconded, a motion to close the public hearing, approve the final assessment roll for Project 596R (Woodlands North Addition - streets & utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATION /LOT 1, BLOCK 1, DAKOTA COUNTY PLAT I Mayor Egan introduced this item as vacation of drainage, utility and ponding easements for Lot 1, Block 1, Dakota County Plat I. Director of Public Works Colbert said staff had no objections or concerns subject to replacement easements being dedicated with the recording of the Hadler Addition final plat. There was no one in the audience who wished to address this vacation. Page 4 /EAGAN CITY COUNCIL MINUTES a_ 9 March 17, 1992 McCrea moved, Awada seconded, a motion to close the public hearing and approve the vacation of drainage, utility and ponding easements over Lot 1, Block 1, Dakota County Plat I, and conditioned upon the recording of the Hadler Park Addition final plat at Dakota County. Aye: 5 Nay: 0 DIFFLEY ROAD RECONSTRUCTION Mayor Egan introduced this item as Project 607, Diffley Road reconstruction. City Administrator Hedges made brief introductory remarks and noted that letters had been received on March 17 from Ruth Crow and Mr. and Mrs. Robert Ryder, all of 530 Diffley Road, and from Anthony Caponi of 1215 County Road 30. Director of Public Works Colbert introduced Dave Everds, Director of the County Highway Department; Dave Zech, the Dakota County design engineer for the project; and Jim Johnson, the OSM engineer representing the City for utilities. Mr. Colbert said the project is in compliance with the County's five -year CIP and had been accelerated because of the sharp increase in traffic on this particular segment of Diffley Road. Dave Zech then explained the design and generally described the project. Jim Johnson provided an overview of the utilities to be installed in the project area. In answer to a question about whether power lines would be buried along Diffley Road, Mr. Colbert said it was not anticipated because of the high cost of burying high- voltage transmission lines. Discussion then turned to several decisions which would have to be made involving alternatives. Two of those discussed were a pedestrian underpass and retaining wall near the Caponi property. Mr. Everds listed the costs for containing the slope across from the Caponi's as $4,000 for a 2:1 slope, $65,000 for a retaining wall at the top of the hill, and $237,000 for a three- tiered retaining wall. He said regardless of the option chosen by the City, the County would only be responsible for an amount equivalent to 55% of the $40,000 alternate or approximately $22,000. Mayor Egan said such costs were well beyond the City's ability to show benefit and thereby assess. It was also noted that decisions regarding these alternatives will have to be made rather quickly as both should be decided before the project goes forward. Bob Gerrits, 1025 Diffley Road, suggested that because very few people live on the southside of Diffley Road, the City could minimize the number of people impacted by moving the entire reconstruction to the south with any additional right -of -way coming from the southside landowners. Mr. Zech said the main reason that was not done was because the landowners to the south had already dedicated substantial right -of -way. Additionally, in attempting to treat the homeowners equitably, the centerline of the existing road is the centerline of the new roadway. Director of Public Works Colbert indicated that the impact to Mr. Gerrits' property was not extensive enough to warrant the additional costs of purchasing right of way to the south when some of that property would be at the higher commercial rate. Bob Fawcett, 785 Diffley Road, said he had already paid for water utilities and asked about resizing water lines in his neighborhood. Mr. Colbert said that water lines in that area were being reconstructed but Mr. Fawcett would not be assessed for watermain. Mr. Fawcett then asked about a number of mature pine trees in his front yard and whether they would be cut down. Mr. Colbert said that if the trees are in the construction zone they will be removed; however, the County will hire an appraiser and the homeowner will be compensated. Mr. Everds said the County would prefer to save the trees and have tried to avoid areas of mature trees whenever they can but because of other problems, such as fill, etc., it was not always possible. Rob Gangl, 861 Diffley Road, discussed his particular situation with Mr. Everds. Mr. Everds said that the County's appraiser would look at each situation individually. Anthony Caponi said that the mechanics of the project would have to be decided first and what would be desirable for the art park and for the road. Discussion then returned to the retaining walls and underground ht r Page 5 /EAGAN CITY COUNCIL MINUTES March 17, 1992 tunnel as well as the timing of any agreement with Mr. Caponi regarding funding of such improvements. City Attorney Sheldon said the City could enter into a contractual agreement with Mr. Caponi regarding payment of the costs in excess of what is necessary to build the road. In addition, Alternate 2 for a trailway will be worked out with Mr. Caponi and Thomas Rooney as both properties will be affected by its alignment. Gary Ash, 755 Diffley Road, asked a number of questions about funding for the project and why others in the community were not assessed for what should be considered a community road. Director of Public Works Colbert explained City policy and what funds will be used to pay for these improvements. Mr. Ash said he was concerned there may be siltation problems with the pond on his property. Mr. Colbert said every effort would be made to minimize such problems and if not avoided, they would be cleaned up. Ann Tubbs, 608 Diffley Road, questioned the cost of sanitary sewer service to her property. Director of Public Works Colbert said that property owners pay by the front foot whether or not pipes actually cross the entire frontage of their property. Ms. Tubbs was also told that sanitary sewer service could not be obtained from Dodd Road. Chris Leech, 790 Diffley Road, asked about an overpass by Braddock Trail. Mr. Colbert said an overpass is no longer being considered for the Diffley Road /Braddock Trail intersection because experience has shown that pedestrians will not climb up and down overpass stairs to cross a street unless there are other barriers to crossing such as a fence. Phyllis Deer, of 941 Diffley Road, asked about utilities to her property. Director of Public Works Colbert said her property could be included with utility improvements if they wished to request it. Discussion then returned to Mr. Gerrits request to move the road further south to lessen the impact on property owners on the north side of Diffley. The reasoning behind the road placement was addressed again especially as it relates to the additional cost of purchasing right of way at the commercially zoned rate. After additional discussion, McCrea moved, Wachter seconded, a motion to close the public hearing and approve Project 607 with Alternate 2 for the trailway and with the proviso that City staff and the City Attorney work out an agreement with Anthony Caponi for a retaining wall and tunnel on the Caponi property. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT /NITTI DISPOSAL Mayor Egan introduced this item as a conditional use permit for Nitti Disposal, Inc., to allow outdoor storage in an LI (Light Industrial) district, Lot 8, Block 1, Sibley Terminal Industrial Park located west of Highway 13, north of Yankee Doodle Road in the SE 1/4 of Section 8. Brief introductory remarks were also presented by City Administrator Hedges and Community Development Director Runkle. The applicant was represented by Russell Schweihs who addressed the City Council regarding several conditions that were recommended by the Advisory Planning Commission. He expressed his objections due to the cost of construction, including the parking lot improvements. Councilmember Awada asked whether the property is owned or leased. Mr. Schweihs stated he leases the property from the owner of Nitti Disposal. The Councilmember further asked questions regarding policy for blacktop and curb and gutter. Director of Public Works Colbert responded that the current ordinance cannot force the improvement under a redevelopment. Councilmember Pawlenty asked whether other similar industrial users have been required to upgrade. Questions were also asked about run -off and air emissions. Councilmember McCrea stated that she could only support the project if the Planning Commission conditions as stated were included in the motion. Councilmember Wachter agreed that more time would be needed to explore alternatives but he also agreed with the conditions received from the APC. Page 6 /EAGAN CITY COUNCIL MINUTES March 17, 1992 McCrea moved, Awada seconded, a motion to continue consideration of a conditional use permit for Nitti Disposal, Inc., to allow- outdoor storage in an LI (Light Industrial) District, Lot 8, Block 1, Sibley Terminal Industrial Park to the April 9, 1992, regular City Council meeting noting specific concerns about bituminous surfacing and enclosures on the property. Aye: 5 Nay: 0 ESTABLISH PRECINCT BOUNDARIES /LEGISLATIVE REDISTRICTING Mayor Egan introduced this item as the establishment of precinct boundaries for legislative redistricting. It was noted that the State redistricting plan is not consistent with the Federal plan; however, the City has no alternative but to implement it as ordered by the State Court. Pawlenty moved, Wachter seconded, a motion to approve the precinct boundaries and polling places as presented. Aye: 5 Nay: 0 DUPLEX LOT SPLIT /EAST BALSAM STREET Mayor Egan introduced this item as a waiver of plat for Ronald E. Schwartz, a duplex lot split to allow individual ownership of Lot 6, Block 1, Wilderness Run 5th, NW 114 of Section 27. McCrea moved, Pawlenty seconded, a motion to approve a waiver of plat for Ronald E. Schwartz to permit a duplex lot split to allow individual ownership at Lot 6, Block 1, Wilderness Run 5th Addition and subject to the following conditions: 1. Separate utilities shall be provided to each unit. 2. Utility work shall be completed prior to recording at Dakota County. 3. An easement from Parcel A to Parcel B is required for the water service to Parcel B. 4. The existing water service shall be turned off at the existing water main. 5. All applicable Code requirements. Aye: 5 Nay: 0 VARIANCE /R A KOT HOMES Mayor Egan introduced this item as a variance for R. A. Kot Homes, Inc., of 10 Feet to the required 30 Foot front yard setback located at Lot 12, Block 4, the Woodlands in the SE 1/4 of Section 14. Director of Community Development Runkle said the applicant was requesting the variance because of the difference in grade from the front to the back of the lot as well as two mature oaks trees which would be affected if the house were moved back. He said if the house were built at the required setbacks, there would be a 9' difference in elevation from the front of the house to the back requiring the use of retaining walls. Richard Kot, the builder, said that six months had been spent designing the 3,200 s.f. house planned for this lot. He also noted that only a comer of the house would not meet setbacks. At this point, Councilmember Pawlenty made a motion to approve the variance, with a second by Councilmember Wachter. However, because several members of the audience wished to address the variance, the motion was withdrawn. Page 7 /EAGAN CITY COUNCIL MINUTES March 17, 1992 Jim Williams, President of the Woodlands Homeowners Association, presented his 100+ member organization's opposition to the variance. He said 15 lots were left in the development and all were difficult to build on; however, it was their position that the area was to be left as natural as possible with houses built to fit the lots. Mr. Williams also expressed a concern for the precedent that would be set and that the development would end up with homes on the last lots detracting from the original purpose. Councilmember McCrea said a precedent would not be set as variances are granted on the basis of hardship which in this case involved the topography and preservation of trees. Mayor Egan asked if the homeowners had considered that a smaller home could be built or that trees would be cut down in order to fit the house on the lot. Mr. Williams said he did not believe it to be an "either /or" option and that the builder should work within the confines of the Association's covenants and restrictions. Councilmember Pawlenty asked whether the Association could deny the builder if the Council approved the variance. Mr. Williams said he would prefer it not come to that and would prefer to see the City follow its own guidelines and not grant exceptions. The Councilmember said that each variance is judged on its own merits, however, the power to grant a variance is within the Council's discretion. Mayor Egan also told Mr. Williams that a variance is granted by the Council only when it improves rather than detracts from property values. Mitch Berger, 823 Promontory Place, said the Council was being misled that a variance was the only solution to the problem. He said the builder was trying to set the house on the lot rather than developing a house to fit the lot. Mayor Egan suggested that a staff member be sent out to the property to determine whether a house of these dimensions could be built on this lot. Mr. Kot said he could build this house and meet the setbacks but the basement would have 15 or 16' ceilings. Perry Linn, 815 Promontory Place, described the lot and said it did have difficult topography. He said that when he built his house he found a lot and then fit the house to the lot. Mr. Kot's buyer said he was the second builder she had contacted and overall had spent a year and one - half finding the right house for this lot. She said they had done everything possible and had taken every precaution to protect the trees on the property and wanted to leave the remaining trees just as they are. Councilmember McCrea asked, with the exception to the setback, whether this house would look different than the others on the block. Director of Community Development Runkle said he had not viewed the lot; however, since the house is on a circle, no site lines would be interrupted. Greg Langan, 811 Promontory Place, said the house would interfere with the view from the house to its east and should follow the curve of the street. Because of the number of objections to the variance, Wachter moved, Awada seconded, a motion to continue to the April 9, 1992, regular City Council meeting, a variance for R. A. Kot Homes of 10 feet to the required 30 foot front yard setback at Lot 12, Block 4, The Woodlands, with direction to staff to look at this lot in order to determine the extent of hardship concerning grade and loss of trees. Aye: 5 Nay: 0 VARIANCE /STEPHAN HOMES Mayor Egan introduced this item as a variance for Stephan Homes, Inc., of 16 feet to the required 50 foot setback along Johnny Cake Ridge Road at Lot 50, Block 2, of Mallard Park Third Addition. Director of Community Development Runkle described the application. Steve Wensmann of Steph -An Homes was present to answer any questions. Page S /EAGAN CITY COUNCIL MINUTES March 17, 1992 After discussion McCrea moved, Awada seconded, a motion to approve a variance for Stephan Homes, Inc., of 16 feet to the required 50 foot setback along Johnny Cake Ridge Road at Lot 50, Block 2, of Mallard Park Third Addition with the hardship being the excessive setbacks for the lot and subject to the following conditions: 1. No other variances shall be granted for this lot. 2. All applicable Code requirements. Aye: 5 Nay: 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT /APPLEBEE'S RESTAURANT Mayor Egan introduced this item as a preliminary plat for Midwest Restaurant Associates/Town Centre 70 -12th Addition, consisting of one lot and one outlot on approximately 3.5 CSC (Community Shopping Center) acres and a conditional use permit to allow on -sale liquor, 3.2 beer or wine, in a CSC district located west of Town Centre Drive in the NW 1/4 of Section 15. Pawlenty moved, Wachter seconded, a motion to continue indefinitely the preliminary plat for Midwest Restaurants Associates /Town Centre 70 - 12th Addition. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING /PRELIMINARY PLAT ISD #196 /ELEMENTARY SCHOOL #17 Mayor Egan introduced this item as a comprehensive guide plan amendment, Independent School District 196 /Elementary School #17, from D -1 (Single - Family) to PF (Public Facilities), a rezoning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities), and a preliminary plat consisting of one lot for an elementary school located along the south side of Wescott Road and east of Denmark Avenue in the NE 1/4 of Section 22. After brief remarks from City Administrator Hedges and Director of Community Development Runkle, Dr. R. J. Rehwaldt explained the site finding process and outlined the criteria for selection of a school site for the 17th elementary school. Dr. Rehwaldt then addressed each of the Advisory Planning Commission's reasons for denial: 1. Concern for the safety of children walking to and from school through open areas. Dr. Rehwaldt said that right now the children to the east of the school would be bussed as there isn't any way for them to get to school on sidewalks that are open all year long. In the future, when the property develops to the south, the students would be able to walk from that direction. In addition, in response to the concerns about the ponding, the School District has a number of school sites with ponds which have never presented a problem and they are comfortable it is not a safety concern. 2. Concern about the loss of trees. Dr. Rehwaldt said they would make every effort to preserve as many trees as possible. He added that they did not believe the loss of trees would be more significant than if homes were built on this site. 3. Not Compatible to the physical characteristics of the area. Dr. Rehwaldt said they believed that it was compatible with the site as the school design being used adapts very well to a multi -level site. 4. Aesthetics. Dr. Rehwaldt said it is a beautiful site for a beautiful school. He said he did not believe the site was diminished more by a school than by 20 homes and the accompanying streets. Page 9 /EAGAN CITY COUNCIL MINUTES March 17, 1992 Dr. Rehwaldt went on to say that the school district is on a very tight time line. In addition, if they have to move to a different site, they would have additional costs as well as a delay in opening the school. For those reasons, he asked that the Council approve the plat. There was no one in the audience who wished to address this issue. After asking questions about the service area and access points for the property to the south, the City Council agreed that while they normally pay deference to the recommendations of the Advisory Planning Commission, they could find no support in the information available for denial of the plat. Wachter moved, McCrea seconded, a motion to approve a comprehensive guide plan amendment for Independent School District #196 /elementary school #17 from D -1 (Single Family) to PF (Public Facilities). Aye: 5 Nay: 0 McCrea moved, Wachter seconded, a motion to approve a rezoning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities). Aye: 5 Nay: 0 Awada moved, Pawlenty seconded, a motion to approve a preliminary plat consisting of one lot for an elementary school located along the south side of Wescott Road, east of Denmark Avenue in the northeast quarter of Section 22 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, 131, B2, B3, Cl, C2, C3, C4, C5, Dl, El, Fl, G1, Hl 2. The applicant shall submit a tree protection plan and tree spec preservation revisions to the City prior to final plat. 3. The storm sewer that will serve the site shall be extended to Pond JP -11 by this development. 4. A catch basin shall be added to the southeast comer of the parking lot on the upstream side of the future driveway. 5. This development shall be responsible for providing a cash dedication of $14,510 to meet water quality treatment needs. 6. The final utility plan shall include water services to the property to the east of the proposed street to serve the future lots along the east side of the street. 7. The proposed street along the east property line of the site shall be a public street built to City standards. 8. Proposed McCarthy Drive is to be constructed to 36 foot wide, face of curb to face of curb. 9. Since the proposed 60 foot right of way is insufficient to accommodate the proposed sidewalk along McCarthy Drive, the development is required to construct the proposed sidewalk on school property. Aye: 5 Nay: 0 Page 10 /EAGAN CITY COUNCIL MINUTES ° `�- March 17, 1992 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PRELIMINARY PLAT /DEERWOOD PONDS ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment for Deerwood Ponds /Clarence Kemp & Twin Cities Properties, from D -III (Mixed Residential) to D -1 (Single Family), a Rezoning of approximately 17 acres from R -3 (Townhouse), within the Knob Hill Planned Development, to an R -1 (Single Family) district, and a Preliminary Plat consisting of 28 lots located along the north side of Diffley Road, west of Pilot Knob Road in the SE 1/4 of Section 21. City Administrator Hedges and Director of Community Development Runkle made brief introductory remarks and noted the addition of Condition 12 by the Advisory Planning Commission. Greg Frank, a consultant for the developer, said he would be happy to answer any questions and introduced Clarence Kemp, who added a few remarks. There was no one in the audience who wished to comment on this development. Pawlenty moved, Wachter seconded, a motion to approve a comprehensive guide plan amendment for Deerwood Ponds /Clarence Kemp & Twin Cities Property from D -III (Mixed Residential) to D -I (Single Family). Aye: 5 Nay: 0 Pawlenty moved, Awada seconded, a motion to approve a rezoning of approximately 17 acres from R -3 (Townhouse) within the Knob Hill Planned Development to an R -1 (Single Family) district. Aye: 5 Nay: 0 Pawlenty moved, Wachter seconded, a motion to approve a preliminary plat consisting of 28 lots located along the north side of Diffley Road 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, B2, B4, Cl, C2, C3, C5, El, Fl, Gl, Hl 2. A copy of the homeowners' association incorporation bylaws and covenants shall be submitted to the City Attorney prior to Final Plat application and recorded with the plat at Dakota County. 3. A variance from the concrete curb and gutter requirements for a private street shall be approved. 4. A variance to the widths of the stovepipe lot access shall be approved. 5. Tree preservation should be achieved with a physical barrier prior to any site grading. 6. Boulevard trees shall be allowed T from the back of the curb. 7. The developer will be required to submit engineering documentation for staff review and approval at the time of final platting for the proposed retaining walls. 8. An outlet shall be provided for Pond BP -27 that will drain to the north to Pond BP -27.1 and the outlet shall contain a skimmer. 9. The storm water drainage from proposed Knob Lane shall be conveyed to Pond BP -27.2 and an outlet for Pond BP -27.2 shall be constructed to drain the pond to Pond BP -27.1. 1. , Page 11 /EAGAN CITY COUNCIL MINUTES March 17, 1992 10. The final grading plan shall include a development plan that shows the building type and first floor elevation of the proposed house for each lot. 11. To meet the City's water quality treatment requirements, the NWL of Pond BP -27 shall be raised to elevation 886.75 and the south cell of Pond BP -27.1 shall be excavated to increase the wet storage volume by 0.75 acre feet. 12. The outlots shall be transferred to the homeowners' association before filing of the final plat. Aye: 5 Nay: 0 i N. I k :a COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PRELIMINARY PLAT /MEGHANS ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment for the 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 a Preliminary Plat consisting of 13 lots and 104 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 that a public hearing had been held before the Advisory Planning Commission and although a comprehensive guide plan amendment was approved on a 3 -2 vote, the rezoning and preliminary plat were denied. Before weighing the merits of the project, Mayor Egan asked David Sellergren, representing Pulsar, Inc., to provide Council with the reasoning behind their request for a land use change. Mr. Sellergren said this property meets two of the criteria for rezoning. In this case, the fact that the property has not developed over a long period of time toward the Neighborhood Business use, is some evidence of a mistake in the original zoning. In addition, there have been a significant number of changes in circumstances that would indicate the property should be reexamined. Cedar Avenue used to be a heavily traveled road and now with the change to Nicols Road and a City street, traffic has dropped. He said a number of commercial developments, neighborhood businesses, etc., had occurred in the City and yet nothing had been done with this property. In 1980 a 70,000 s.f. shopping center with 450 parking spaces was approved by the City Council. That development would have generated 5,000 -6,000 Trips Per Day. Mr. Sellergren said the plan they were now putting before the Council was not the same plan reviewed by the APC. The new plan has two less buildings, reduced density, additional open space and trees, and a change in access. He said the neighbors were very concerned about traffic congestion on Diffley Road. He said two things would affect that, the County plans to create a separate left turn lane at the intersection of Diffley and Nicols so that the congestion that occurs at that intersection will be mitigated and secondly, the developer has added a right -in /right -out access on to Diffley so that anyone that wants to go west or north will not use that access. Mayor Egan asked if the access had received approval from the County and Mr. Sellergren said it had not. He said it does not meet the County's intersection spacing guidelines and it remains to be worked out. At this point, Mayor Egan asked the City Council if two members would not consider a rezoning. Councilmember McCrea said she would like to hear from the neighbors before making that decision. Councilmembers Awada and Pawlenty indicated they were inclined not to support the, development while Councilmember Wachter said he was inclined to support it. Mayor Egan then remarked that he was not overly in favor of the development but believed it may be preferable to a commercial use. Councilmember McCrea suggested that Pulsar, Inc., hold a neighborhood meeting and if the neighbors could not be convinced to support the project, then perhaps they should withdraw their application. Mr. Sellergren said they would be willing to meet again with the neighbors but could not agree to withdraw. Z-:' { . . ' ah•.i Page 12 /EAGAN CITY COUNCIL MINUTES March 17, 1992 None of the residents came forward, however, they did speak from the audience. One said she had a number of concerns even after the last neighborhood meeting including the density of the development. She said the majority of the neighbors were aware of the Neighborhood Business zoning and would prefer a development of that type. Another resident agreed there were already too many strip malls in the City and suggested senior housing as a possible use of the property. The neighbors would also prefer that the neighborhood meeting be held at least one week in advance of the City Council meeting so they have an opportunity to review any new information. Wachter moved, McCrea seconded, a motion to continue to April 9, 1992, consideration of a comprehensive guide plan amendment, rezoning and preliminary plat for the Meghans Addition /Pulsar, Inc. Aye: 5 Nay: 0 DEVELOPMENT DEPOSIT AGREEMENT McCrea moved, Awada seconded, a motion to approve the development deposit agreement as presented. Aye: 5 Nay: 0 SIGN ORDINANCE AMENDMENT Mayor Egan introduced this item as a request for direction regarding a sign ordinance amendment. Councilmember McCrea said it was her understanding that any changes in the ordinance were put on hold until a joint session of the City Council and Advisory Planning Commission could be held. Mayor Egan said he was willing to recommend that no applications come forward from the APC until the issue is resolved. Director of Community Development Runkle advised the Council of two sign applications that had been continued by the APC for 60 days but were soon to come to the Council for consideration. He asked whether the moratorium should be reinstated. Councilmember Pawlenty said he thought the issue had been decided when after several meetings the Council determined that an ordinance change was not needed and that billboards would be decided on a case by case basis. He added, however, that the Council could review the issue again but whatever the outcome, he would continue to refrain from voting on billboard applications. After further discussion, McCrea moved, Wachter seconded, a motion to place a moratorium on billboards in the City of Eagan until a joint, in- service training session can be held between the City Council and Advisory Planning Commission. Aye: 4 Nay: 0 Abstain: 1 ( Pawlenty) NORTHVIEW BUILDING FIRE RESTORATION CONTRACT Egan moved, Awada seconded, a motion to continue to the April 9, 1992, regular City Council meeting, consideration of the authorization of default by Beacon Builders, Inc., for the Northview Park building fire restoration contract. Aye: 5 Nay: 0 MISCELLANEOUS ITEMS A work session between the City Council and the Advisory Parks, Recreation and Natural Resources Commission will be held on March 31 at 5:00 p.m. A joint session with the Advisory Planning Commission will be scheduled for a later date. Recognition of the City's volunteers will be held on April 25 in conjunction with Page WEAGAN CITY COUNCIL MINUTES March 17, 1992 Volunteer Recognition Week. It was determined that assistance with the Miss Eagan Pageant would be more appropriately forthcoming from the City's Chamber of Commerce. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist of February 29, 1992, in the amount of $681,685.74 and the checklist of March 17, 1992, in the amount of $340,210.62. Aye: 5 Nay: 0 ADJOURNMENT The City Council adjourned the regular meeting at approximately 12:37 a.m. on March 18. I� CITY OF EAGAN E. Overbeke City Clerk EXHIBIT A EAGAN CITY OF 1993 CIGARETTE LICENSE RENEWALS # OF OVER LOC ATION VENDOR MACH. COUNTER BROOKS SUPERETTE #43 GATEWAY FOODS, INC. 1 3390 COACHMAN RD #202 5720 SMETANA DR. #300 (935 -2060) EAGAN, MN 55122 MINNETONKA, MN 55343 BROWN TANK NORTH COUNTRY VENDING 1 2875 Hwy 55 9895 -180TH ST. W. EAGAN, MN 55122 LAKEVILLE, MN 55044 CASPER'S CHEROKEE SIRLOIN ROOM, EAGAN RICHARD CASPER 1 4625 NICOLS RD. 4625 NICOLS RD. EAGAN, MN 55122 EAGAN, MN 55122 CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 4600 SLATER RD. 4600 SLATER RD. EAGAN, MN 55122 EAGAN, MN 55122 CEDARVALE LANES D.V.M., INC. 1 3883 BEAU D'RUE DR. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 CEDARVALE SINCLAIR BRADCO AUTOMOTIVE INC. 1 3946 NICOLS RD. (686 -8120) 3946 NICOLS RD. EAGAN, MN 55122 EAGAN, MN 55122 CHEERS WINE 8 SPIRITS DANIEL J. HERBST 1 1970 RAHNCLIFF CT. 7640 CRIMSON BAY EAGAN, MN 55122 CHANHASSEN, MN 55317 CUB FOODS SUPER VALU STORES, INC. 1 1940 CLIFF LAKE RD. 11840 VALLEY VIEW RD. EAGAN, MN 55122 EDEN PRAIRIE, MN 55344 DIAMOND T RANCH JERRY THOMAS 1 4889 PILOT KNOB RD. 4889 PILOT KNOB RD. EAGAN, MN 55122 EAGAN, MN 55122 DOUBLETREE CLUB HOTEL THEISEN VENDING 1 2700 PILOT KNOB RD. 3800 NICOLLET AVE. EAGAN, MN 55121 MINNEAPOLIS, MN 55409 DUCKWOOD 66 PHILLIPS 66 CO. 1 3575 PILOT KNOB RD. P.O. BOX 199 EAGAN, MN 55122 BARTLESVILLE, OK 74004 EAGAN E -Z STOP CROWN COCO INC. 1 4195 NICOLS RD. 319 ULYSSES ST. NE EAGAN, MN 55122 MINNEAPOLIS, MN 55413 EAGAN AMOCO SO. FRANCE LTD, INC. 1 4205 NICOLS RD. 3901 W. 70TH ST. EAGAN. MN 55122 EDINA, MN 55435 FINA SERVE #590 FINA SERVE, INC. 1 4250 LEXINGTON AVE. 2051 KILLEBREW DR. #317 # 576 - 3150 DODD RD. BLOOMINGTON, MN 55425 1 # 594 - 1286 LONE OAK RD. 1 1993 CIGARETTE LICENSE RENEWALS (cont. LOC ATION VENDOR GREAT NORTHERN SPIRITS PERRIER & ASSOC. INC. 1960 CLIFF LAKE RD. #101 1960 CLIFF LAKE RD. #101 EAGAN, MN 55122 EAGAN, MN 55122 HOLIDAY STATIONSTORE #232 4594 NICOLS RD. #247 - 3615 PILOT KNOB RD. J. DOOLITTLES 2140 CLIFF RD. EAGAN, MN 55122 KENNY'S ENTERPRISES 1444 YANKEE DOODLE RD. EAGAN, MN 55122 KRAFT AMERICAN 2864 EAGANDALE BLVD. EAGAN, MN 55121 LANXANG ORIENTAL GROCERY 3904 BEAU D'RUE DR. EAGAN, MN 55122 LIQUOR SHOPPE 4250 LEXINGTON AVE. S. EAGAN, MN 55123 LOST SPUR COUNTRY CLUB 2750 SIBLEY MEMORIAL HWY. EAGAN, MN 55121 HOLIDAY COMPANIES 4567 W. BOTH ST. MINNEAPOLIS, MN 55440 AMERICAN AMUSEMENT ARCADES 850 DECATUR AVE NO. MINNEAPOLIS, MN 55427 KENNETH YOUNGBERG 6700 PENN SO. RICHFIELD, MN 55423 MN VIKING FOOD SERVICE 5200 W. 76TH ST. EDINA, MN 55439 THANOM KEOHAVONG 1325 -79TH AVE N. BROOKLYN PARK, MN 55444 GREG WARD 8705 -230TH ST. E. LAKEVILLE, MN 55044 HAROLD F. AWE CO., INC. 476 S. SNELLING AVE 02 (698 -5591) ST. PAUL, MN 55105 MGM LIQUOR WAREHOUSE /SPIRITS OF EAGAN JOHN W. TESLAW 4182 PILOT KNOB RD. 4182 PILOT KNOB RD. EAGAN, MN 55123 EAGAN, MN 55123 PDO #287 PDO FOOD STORES OF MN, INC. 1969 SILVER BELL RD. 607 E. 77TH ST. #214 - 4198 PILOT KNOB RD. RICHFIELD, MN 55423 RAINBOW FOODS 1276 TOWN CENTRE DR EAGAN, MN 55123 GATEWAY FOODS, INC. 1515 EXCELSIOR BLVD. HOPKINS, MN 55343 SINCLAIR RETAIL #22028 3946 NICOLS RD. EAGAN, MN 55122 SNYDER DRUG STORE #32 3914 SIBLEY MEMORIAL HWY. #61 - 1565 CLIFF RD. STARKS SALOON 3125 DODD RD. EAGAN, MN 55121 SINCLAIR MARKETING COMPANY P. 0. BOX 30825 SALT LAKE CITY, UT 84130 -0825 SNYDER DRUG STORES, INC. 14525 HWY. #7 MINNETONKA, MN 55345 GARY STARKS 3125 DODD RD. EAGAN, MN 55121 •EA 0� M ACH. COUNTER 1 1 1 1 t 1 1 1 2 1 1 1 1 1 1 1 2 1993 CIGARETTE UCENSE RENEWALS (cont.) LOCATION VENDOR SUPERAMERICA #4049 SUPERAMERICA GROUP, INC. 4200 E. HWY. 13 P.O. BOX 14004 #4182 - 1406 YANKEE DOODLE RD. LEXINGTON, KY 40512 #4335 - 1379 TOWN CENTRE DR. #4464 - 2250 CLIFF RD. TARGET 2000 CLIFF LAKE RD. EAGAN, MN 55122 TEXACO SUPERSTORE 1579 CLIFF RD. EAGAN, MN 55122 TOBAK SHACK 3950 SIBLEY MEMORIAL HWY. EAGAN, MN 55122 TOM THUMB #166 1446 YANKEE DOODLE RD. #259 - 2125 CLIFF RD. #273 - 4130 BLACKHAWK RD. #100 TOTAL PETROLEUM 4206 NICOLS RD. EAGAN, MN 55122 2000 RAHNCLIFF CT. VALLEY LOUNGE 3385 SIBLEY MEMORIAL HWY. EAGAN, MN 55122 WAL -MART # 1786 1360 TOWN CENTRE DR. EAGAN, MN 55121 WALGREENS 1278 TOWN CENTRE DR. EAGAN. MN 55123 2010 CLIFF RD. YANKEE SQUARE AMOCO 1424 YANKEE DOODLE RD. EAGAN, MN 55121 TARGET STORES 2000 CLIFF LAKE RD. EAGAN, MN 55122 YOCUM OIL CO. 2719 STILLWATER RD. ST. PAUL, MN 55119 LARRY SCHOUHER 1762 TURQUOISE TR. EAGAN, MN 55122 TOM THUMB FOOD MARKETS, INC. 110 E. 17TH ST. HASTINGS, MN 55033 TOTAL PETROLEUM, INC. 8148 PILLSBURY AVE. S. MINNEAPOLIS, MN 55420 D.V.M., INC. 296 NO. PASCAL ST. PAUL, MN 55104 WAL -MART STORES INC. 702 SW 8th ST. BENTONVILLE, AR 72712 WALGREEN CO. 200 WILMOT RD. DEERFIELD, IL 60015 P.F. INC. 1424 YANKEE DOODLE RD. EAGAN, MN 55121 - . O L ' - U i MACH. COUNTER 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 PLUMBERS LICENSES MARCH 17, 1992 1. AAA Abbott 2. B, J, & M Plbg & Htg Co. 3. Cokley Plumbing 4. Genz -Ryan 5. H & H Plumbing 6. Tom Hessian Plumbing, Inc. 7. Janecky Plumbing 8. Keller Plumbing & Heating, Inc. S. PM Services 10. Parsons Plbg & Htg 11. Plymouth Plumbing 12. Polar Plumbing 13. Scherer Plumbing 14. Schulties Plumbing, Inc. 15. Thoen Plbg. 16. Valley Plumbing Company, Inc. 17. Voson Plumbing