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04/09/1992 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota April 9, 1992 A regular meeting of the Eagan City Council was held on Thursday, April 9, 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 Mike Dougherty. ......................... City Administrator Hedges advised the Council that the following would be recommended as changes to the April 9, 1992, regular City Council agenda: Consent Agenda, ADD Personnel Item 7, Seasonal Streets Maintenance Worker, and Item 8, Seasonal Building Inspector. Old Business, Item E, Conditional Use Permit for Nitti Disposal, will be recommended for continuance to the April 21, 1992, regular City Council meeting. Administrative Agenda, City Administrator, Item 5, Final Plat, Fairway Hills 4th Addition, will be recommended for action prior to Council action on New Business, Item A, Variance for Bridlewilde Joint Venture. New Business, Item D, Variance for Normandale Properties also includes Lots 4 and 5, Block b, Eagandale Industrial Park #3. New Business, Item F, Conditional Use Permit, Robert Zimmerman, will be recommended for continuance to the April 21, 1992, regular City Council meeting. Wachter moved, Pawlenty seconded, a motion to approve the agenda for the April 9, 1992, regular City Council meeting, as amended. Aye: 5 Nay: 0 . :..:....................... Pawlenty moved, Wachter seconded, a motion to approve the minutes of the March 17, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Pawlenty moved, Egan seconded, a motion to approve the minutes of the March 31, 1992, special City Council meeting as presented. Aye: 4 Nay: 0 Abstain: 1 ( Awada) FIRE DEPARTMENT /NUMBER OF VOLUNTEER FIREFIGHTERS Mayor Egan introduced this item as consideration of an increase in the number of volunteer firefighters. Fire Chief Ken Southorn discussed the problems associated with recruiting and maintaining a larger force as well as its financial impact. Wachter moved, Awada seconded, a motion to approve an increase in the number of volunteer firefighters to a total of 150 plus 3 chief officers as outlined. Aye: 5 Nay: 0 Page 2 /EAGAN CITY COUNCIL MINUTES April 9, 1992 FIRE DEPARTMENT /STATION #6 ACQUISITION Mayor Egan introduced this item as consideration of Station #6 site acquisition. Wachter moved, McCrea seconded, a motion to approve an authorization for the acquisition of a site for Fire Station #6. Aye: 5 Nay: 0 PARKS & RECREATION DEPARTMENT /BEACON BUILDERS Mayor Egan introduced this item as authorization of default for Beacon Builders, Inc. It was noted that staff had been meeting with Frank Hughes of Beacon Builders to reach an agreement on unfinished work associated with repairs to the Northview Park Shelter Building. After brief discussion, Wachter moved, Awada seconded, a motion to approve an authorization to deduct $200 from the amount of the contract for Beacon Builders, Inc., relative to the Northview Park Shelter Building. Aye: 5 Nay: 0 A. Personnel Items Item 1. Dispatchers /Police Department --It was recommended that the hiring of Kim Wilson and Veronica Morrison as dispatchers for the Eagan Police Department be approved subject to successful completion of the physical examination requirement. Item 2. Seasonal Engineering Aide /Engineering Division - -It was recommended that the hiring of Pamela Maki and Tad Ulrich as seasonal engineering aides be approved. Item 3. Concession Workers /1992 Softball Season - -It was recommended that the hiring of Deborah Bunjer, Lei -Lani Dick, Nora Flueger, Wendy Foreman, and Susan Garry as seasonal concession workers for the 1992 softball season be approved. Item 4. Seasonal Utility Maintenance Worker - -It was recommended that the hiring of Ed Vallencourt, Jr., as a seasonal utility maintenance worker be approved. Item 5. Seasonal Workers /Parks Department --It was recommended that the hiring of the following people as seasonal and temporary workers in the Parks Department be approved: Seasonal Forestry Aides: Layne Anderson and Dave Wills Winge Seasonal Park /Ballfield Attendants: Jason Forde, Shane Johnson, Wayne Legeman, Ray Sperl and Steve Seasonal Park Maintenance Workers: Jeff Grubb, Jason Schwamb, Joshua Watschke, Dewayne Blomberg, Velta Jean Martin, George Sellner, Brian Banaszewski, Damon Mackedanz, Jason Roberge, Justin Krueger, Ed Hanson, John Mueller, and Dave Smith Seasonal Assistant Weed Inspector: LeRoy Berg Item 6. Title Change /Lead Clerical Technician - -It was recommended that the title of the Lead Clerical Technician in the Eagan Police Department be changed to "Clerical Supervisor /Police Department." Page 3 /EAGAN CITY COUNCIL MINUTES April 9, 1992 Item 7. Seasonal Streets Maintenance Worker - -It was recommended that Ron Burk be hired as a seasonal streets maintenance worker. Item 8. Seasonal Building Inspector - -It was recommended that Paul Dreelan be hired as a seasonal building inspector. B. Plumbers Licenses It was recommended that the following plumbers licenses be approved as presented: 1. Budget Plumbing Corp. 2. Butler Plumbing, Inc. 3. Galaxy Mechanical Contractors 4. McQuillan Bros. Plumbing & Heating 5. Plumm, Inc. C. Proclamation, Building Safety Week. April 13 -17. 1992 It was recommended that April 13- 17,1992, be proclaimed as Building Safety Week in the City of Eagan. R -92.17 D. Proclamation of april 25.1992. as Eagan Arbor DU and the Month of May as Eagan Arbor Month It was recommended that April 25, 1992, be proclaimed as Eagan Arbor Day and the month of May proclaimed as Eagan Arbor Month in the City of Eagan. R -92.18 E. Proclamation. Minnesota Volunteer Recognition. April 26 -May 2. 1992 It was recommended that April 26 -May 2, 1992, be proclaimed as Volunteer Recognition Week in the City of Eagan. - R -92.19 F. Proclamation, National Youth Service Day. April 28, 1992 It was recommended that April 28, 1992, be proclaimed as Youth Service Day in the City of Eagan. R -92.20 G. Resolution. Exemption from Lawful Gambling License - Valley Viewers 4H Club for July 4 Celebration It was recommended that a resolution granting an exemption from the lawful gambling license for the. Valley Viewers 4H Club to permit a bingo activity in conjunction with the 4th of July Celebration be approved as presented. R -92.21 H. Annlication. Blue Bell Ice Cream to Operate a Solicitation Business on Public Streets Within the City of Eagan It was recommended that the application for a solicitors license be approved for Blue Bell Ice Cream to permit them to operate on public streets within the City of Eagan. I. Election Judges for May 19. 1992. Referendum It was recommended that the list of Election Judges be approved for the May 19, 1992, election and referendum. 4 .'a'.t Page 4 /EAGAN CITY COUNCIL MINUTES April 9, 1992 J. Application for Pull Tab Gambling License for Knights of Columbus #7604 for a Gambling Operation at Richards. 4185 South Robert Trail It was recommended that an application for a pull tab gambling license be approved -for the Knights of Columbus #7604, for a gambling operation at Richards Food and Liquor at 4185 South Robert Trail. R -92.22 K Receive Specifications /Authorize Advertisement for Bids. Utility Tractor It was recommended that the specifications be received and the advertisement for bids authorized for a utility tractor as identified in the Parks and Recreation Department budget for 1992. L. Revised Stipulation of Settlement. Salisbury vs City of Eagan It was recommended that the revised Stipulation of Settlement between the City of Eagan and Mack L. and Helen Salisbury be approved. M. Final Plat. Golden Meadow Addition It was recommended that the final plat for Golden Meadow Addition be approved. N. Diffla Road, Approve Resolution Prohibiting On- Street Parking R -92.23 It was recommended that a Resolution prohibiting parking on Diffley Road (County Road 30) from 1/2 mile east of Pilot Knob Road to T.H. 3 be approved and the Mayor and City Clerk authorized to execute said resolution. R-92. 2 4 O. Contract 89 -F. Acknowledge Completion /Authorize City Maintenance (Pret an Heights - Streets && Utilities) It was recommended that completion of Contract 89 -F (Prettyman Heights - Streets & Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. P. Contract 90 -10 Acknowledge Completion /Authorize Final Payment (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) It was recommended that the sixth and final payment be approved for Contract 90-10 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) in the amount of $12,648.40 and the project accepted for perpetual maintenance subject to appropriate warranty provisions. O. Project 628. Cancel Project (Autumn Ridge 2nd Addition - Streets & Utilities) It was recommended that the request of the developer of the Autumn Ridge 2nd Addition be acknowledged and Project 628 (Autumn Ridge 2nd Addition - Streets & Utilities) be canceled and all City incurred expenditures be reimbursed prior to processing the final plat for the Autumn Ridge 2nd Addition and /or Hawthorne Woods Addition. Wachter moved, Awada seconded, a motion to approve the Consent Agenda as presented with the addition of Personnel Items 7 and 8. Aye: 5 Nay: 0 Page 5 /EAGAN CITY COUNCIL MINUTES April 9, 1992 VACATE DRAINAGE & UTILITY EASEMENT (LOT 6, BLOCK 1, LAKESIDE ESTATES) Mayor Egan introduced this item as the vacation of a drainage and utility easement for Lot 6, Block 1, Lakeside Estates. McCrea moved, Awada seconded, a motion to close the public hearing and approve the vacation of a drainage and utility easement through Lot 6, Block 1, Lakeside Estates. Aye: 5 Nay: 0 WOODLANDS NORTH 2ND ADDITION Mayor Egan introduced this item as Project 630, Woodlands North 2nd Addition (Streets & Utilities). Wachter moved, Egan seconded, a motion to close the public hearing and approve Project 630, Woodlands North 2nd Addition (Streets & Utilities) and the preparation of detailed plans and specifications authorized. Aye: 5 Nay: 0 OAK CLIFF 6TH ADDITION Mayor Egan introduced this item as Project 627, Oak Cliff 6th Addition (Streets & Utilities). After brief introductions by the City Administrator and Director of Public Works, Tom Angus of Bonestroo, Rosene, Anderlik and Associates described the project, its location, and related costs. Bob Schlangen, representing the Amoco property, indicated that agreement had not yet been reached with the developer of the Oak Cliff 6th Addition regarding the location and possible cost sharing associated with water quality ponding requirements. Ralph Wagner, representing the developer, said various alternatives are being studied. Wachter moved, Awada seconded, a motion to close the public hearing and approve Project 627, Oak Cliff 6th Addition (Streets and Utilities) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT COSTS AND BALLOT QUESTION SWIMMING POOL /INDOOR ARENA Mayor Egan introduced this item as determination of estimated final project cost and ballot question for May 19, 1992, bond referendum (swimming pool /indoor arena). City Administrator Hedges said that at their March 2 meeting, the City Council voted to proceed with a bond referendum to be held on May 19, 1992. He said a ballot question and estimated project cost had been prepared and was ready for Council consideration. Councilmember McCrea questioned a line item in the projected costs allocated to construction management. It was explained that a separate item dealing with construction management could be eliminated, however, the work performed would have to allocated to either the architect or general contractor with a corresponding increase in their fee. The Council agreed that the project costs should be kept to the lowest, realistic figure. ',. %, i. 4 0 Page 6 /EAGAN CITY COUNCIL MINUTES April 9, 1992 After further discussion, Councilmember Pawlenty moved, McCrea seconded, a motion to change the words "necessary and expedient" in Section 1 of the bond referendum resolution to "desirable." Aye: 5 Nay- 0 Egan moved, Wachter seconded, a motion to adopt the amended resolution which sets the election date, states the purpose of the election and approves the ballot question; and approve a final project cost of 54.6 million for the outdoor swimming /indoor arena project. Aye: 5 Nay: 0 R -92.25 PRELIMINARY PLAT EXTENSION /HELLER ADDITION Mayor Egan introduced this item as a request for extension of a preliminary plat for the Heller Addition, located along the north side of Skyline Road in the SE 1/4 of Section 4. McCrea moved, Awada seconded, a motion to approve a one -year extension of the preliminary plat for the Heller Addition located along the north side of Skyline Road as presented. Aye: 5 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 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 a public hearing had been held by the Advisory Planning Commission at their March 25, 1992, meeting and they were recommending approval of the Comprehensive Guide Plan Amendment on a 3 -2 vote; however, the rezoning and preliminary plat were both recommended unanimously for denial. Before making his presentation, Dave Sellergren, representing Pulsar, Inc., introduced his MBA class from Hamlin to the Council and audience. He then proceeded to explain the project and the reduction from 13 lots and 104 units presented at the APC public hearing to the 11 lots and 88 units now being proposed. He said in answer to neighborhood concerns, the developer and builder had: 1) reduced the number of units, 2) increased the setbacks between their development and the single -family from 30' to 50', 3) added more plantings including overstory trees, 4) reduced the number of buildings to provide more open space, 5) reduced traffic with a right -in and right -out access onto Diffley, and 6) changed the building design. He also noted that the County intends to add a turn lane on Diffley at its intersection with Nicols Road. Mr. Sellergren said a neighborhood meeting had been held after the March 17, 1992, regular City Council meeting and only nine residents attended. He then discussed some of the disadvantages to the neighborhood if the property were to remain and develop commercial. He said a commercial development would generate 10 times more traffic than the proposed multifamily development. Gary Grant, Director of Construction with Mary Anderson Homes, added additional comments as to their company and the homes they intend to build. Abby Bahr, 2133 Marble Lane, agreed that the developer had reduced the density but she still did not believe the site was well suited to multiple residential. Ms. Bahr then made a slide presentation showing a sampling of other existing townhome developments in Eagan. When asked what she would like to see built on this property, Ms. Bahr said she would prefer the City buy the property but if that were not possible, she said a commercial development "wouldn't be that bad." Page 7 /EAGAN CITY COUNCIL MINUTES April 9, 1992 Barb Michaels, 4255 Diamond Drive, stated her opposition to the project and said if the property were to develop multiple, she would prefer one -story buildings with handicapped accessibility. She added that she couldn't believe the proposed project or a commercial development were the only choices. Bob Porter, 4268 Diamond Drive, said his primary objection was to the increased traffic. He stated a number of other objections but did say he would prefer this development to commercial. Larry Nelson, 2129 Marble Lane, listed his concerns with the density and traffic associated with this development. Tom Michaels, 4255 Diamond Drive, presented a petition which stated the signers preferred the property be rezoned D -I (Single Family) but if that did not occur, he would prefer it remain at its present NB (Neighborhood Business) zoning. He said he liked the plan but did not like the density or the lack of a buffer. He asked the Council not to approve the project just because it wasn't the worst that could be built on the site. In answer to a question from Councilmember McCrea, most of the residents indicated a preference for a commercial project rather than the proposed project. Ms. Michaels again asked why there were only two choices for the development of this property. Councilmember McCrea indicated that the developer has the legal right to put his property to its highest and best use. While the City has the right to work with the developer in an attempt to get the best project it can, there are limits as to what the City can do. Discussion then turned to whether the pond could be moved to the back of the property to provide additional buffering between the existing single -family homes and this development. Randy Hetland, the developer's engineer, said they had looked at such a configuration but did not believe it provided the best layout of the property. It was also noted that the right -in /right -out access onto to Diffley Road from the development would still require the approval of the County. The Council then weighed the pros and cons of rezoning the property or allowing it to remain commercial. All agreed there is sufficient zoning of both multifamily residential and commercial in the City. The Council also believed that if the developer were to come back with a plan for the commercial development of the property and if it met requirements, the Council would be hard pressed to deny it. In deference to the neighbors and the 76 residents who signed the petition, Pawlenty moved, Awada seconded, a motion to deny a comprehensive guide plan amendment for the Meghans Addition /Pulsar, Inc. from NB (Neighborhood Business to D -III (Mixed Residential) and directed the City Attorney to prepare a resolution reflecting this action for ratification by the City Council at the April 21, 1992, regular City Council meeting. Councilmember Wachter stated that he would not support the motion keeping the property zoned commercial because he believes there are enough strip shopping centers in the City. Aye: 4 Nay: 1 (Wachter) R A KOT HOMES VARIANCE/WOODLANDS Mayor Egan introduced this item as a variance for R. A. Kot Homes, Inc., of 10 feet to the required 20 foot frontyard setback located at Lot 12, Block 4, The Woodlands, in the SE 1/4 of Section 14. Director of Community Development Runkle said this variance had been before the Council at their April 9 meeting and that staff had since looked at the lot. He said the lot drops off substantially from front to back and that it meets all criteria for a variance. Page 8 /EAGAN CITY COUNCIL MINUTES April 9, 1992 Mitch Berger, 823 Promontory Place, said all remaining lots in The Woodlands could be considered difficult lots to build on. He asked the Council to use great care in granting this and any future variances. Mayor Egan discussed the hardships the Council looks for when asked to consider a variance. He said variances have been denied when they have been requested for practical or personal reasons but granted when they have addressed hardships related to topography. Councilmember Wachter added that all variances are looked at on a case by case basis. Mayor Egan then quoted from a letter received from Darrel Baska who owns the adjacent property: "I believe a 6' -10' variance of the front comer setback on Lot 12 will be de minimis in relation to the hardship which would be encountered by the prospective homeowners on Lot 12 if the variance request is rejected." Wachter moved, Awada seconded, a motion to approve a variance for R. A. Kot Homes, Inc., of 10 feet to the required 30 foot frontyard setback for Lot 12, Block 4, The Woodlands, as presented and subject to the following condition: 1. The variance shall be subject to all City requirements. 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 on 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. City Administrator Hedges indicated that a request had been received from the applicant for a continuance to the April 21, 1992, regular City Council meeting. McCrea moved, Wachter seconded, a motion to approve a continuance of the conditional use permit for Nitti Disposal, Inc., to the April 21, 1992, regular City Council meeting. Aye: 5 Nay: 0 FINAL PLAT /FAIRWAY HILLS 4TH ADDITION R -92.26 ........... ............................... COUNTY ROAD SETBACK VARIANCE /BRIDLEWILDE JOINT VENTURE Mayor Egan introduced this item as a variance, Bridlewilde Joint Venture, of 15' to the required 50' setback from Pilot Knob Road, located on Lot 1, Block 1, & Lot 5, Block 2, Fairway Hills 4th Addition. Before consideration of the variance for the Bridlewilde Joint Venture, action needed to be taken on the final plat for Fairway Hills 4th Addition. Mayor Egan indicated that a discussion of both issues would be considered. Director of Community Development Runkle said the final plat for the Fairway Hills 4th Addition was in order for consideration and a letter of credit had been posted. He said a letter of credit had also been deposited with the City for all unfinished work in the Fairway Hills 2nd and 3rd Additions. Page 9 /EAGAN CITY COUNCIL MINUTES April 9, 1992 Mr. Runkle said the variance request had been necessitated by a shift in the layout of the upgraded Pilot Knob Road. Because of the change from a 30' to 50' right of way, Mr. Runkle said the applicant believed the buildable portion of these lots to be severely restricted. Councilmember Wachter asked why the house couldn't be shifted forward 5' and a spokesman for developer, Al Herrmann, indicated that if the house were shifted forward, they would still need a variance to the frontyard setback as well as the one requested. He said that no matter how they rotated the house, they could not fit it within the setbacks. Mr. Herrmann advised the Council that the property would be well screened from Pilot Knob Road. Wachter moved, Egan seconded, a motion to approve the final plat for Fairway Hills 4th Addition. Aye: 5 Nay: 0 McCrea moved, Awada seconded, a motion to approve a variance of 15' to the required 50' setback from Pilot Knob Road for Bridlewilde Joint Venture for Lot 1, Block 1, Fairway Hills 4th Addition subject to the following conditions: 1. No other variances shall be granted for Lot 1, Block 1, Fairway Hills 4th Addition. 2. All applicable ordinances. Aye: 5 Nay: 0 McCrea moved, Awada seconded, a motion to approve a variance of 15' to the required 50' setback from Pilot Knob Road for Bridlewilde Joint Venture for Lot 5, Block 2, Fairway Hills 4th Addition subject to the following conditions: 1. No other variances shall be granted for Lot 5, Block 2, Fairway Hills 4th Addition. 2. All applicable ordinances. Aye: 5 Nay: 0 VARIANCE /COUNTRY HOLLOW ADDITION Mayor Egan introduced this item as a variance for Diann Dunlevy -Koch of 1.25' to the required 5' sideyard setback for a deck, located on Lot 19, Block 2, Country Hollow Addition. Director of Community Development indicated that the deck was built by the previous owner of the property without a building permit and encroached 1.25' into the setback area. Diann Dunlevy -Koch said there was an error in understanding of where the lot line for the property was. She said it was not realized that the deck was built into the setback until the property was surveyed. McCrea moved, Awada seconded, a motion to approve a variance of 1.25' to the 5' sideyard setback for Diann Dunlevy -Koch for the property at Lot 19, Block 2, Country Hollow Addition subject to the following conditions: 1. A building permit application and corresponding review of structural compliance with City requirements. 2. Structural modifications, if deemed necessary by the Protective Inspections Department. 3. No other variances shall be granted for this lot. Page 10 /EAGAN CITY COUNCIL MINUTES April 9, 1992 4. All other City ordinances. Councilmember Wachter said because he believed whoever built the deck should change it at no charge to the homeowner, he would vote against the variance. Aye: 4 Nay. 1 (Wachter) VARIANCE /ENGSTROMS DEERWOOD ADDITION Mayor Egan introduced this item as a Variance for Robert Engstrom Companies, of 5' to the required 30' front yard setback, located on Lots 21, 25, 26, Block 2, Engstroms Deerwood Addition. Director of Community Development Runkle said the variances were being requested to avoid disturbing the natural amenities in the backyard areas of the three lots. Timothy Barker, 4105 Deerwood Trail, asked several questions regarding the variance and where it would place the home in relationship to the other homes on the street. He was satisfied that the 5' would not have a significant impact on neighboring homes. Wachter moved, Awada seconded, a motion to approve variances of 5' to the required 30' front yard setback for Robert Engstrom Companies for Lots 21, 25, and 26, Block 2, Engstroms Deerwood Addition subject to the following conditions: 1. No other variances shall be granted to Lots 21, 25, and 26, Block 2, Engstrom's Deerwood Addition. 2. All applicable ordinances. Aye: 5 Nay: 0 VARIANCE /NORMANDALE PROPERTIES Mayor Egan introduced this item as a variance, Normandale Properties, Inc., of 5' to the required 5' setback for parking, located on Lots 1, 2, 3, 4 and 5, Block 6, Eagandale Industrial Park #3. City Administrator Hedges noted that the variance was actually for 5 lots and Lots 4 and 5 were added to the item. Michael Stockman from Normandale Properties, Inc., was available to answer questions. McCrea moved, Awada seconded, a motion to approve a 5' variance to the 5' parking setback for Normandale Properties, Inc., at Lots 4 and 5, Block 6, Eagandale Industrial Park #3 subject to the following conditions: 1. A copy of the cross- easements must be submitted to the City for their records. 2. All applicable City ordinances shall apply. Aye: 5 Nay: 0 McCrea moved, Awada seconded, a motion to approve a 5' variance to the 5' parking setback for Normandale Properties, Inc., at Lots 1, 2 and 3, Block 6, Eagandale Industrial Park #3 subject to the following conditions: 1. A copy of the cross - easements must be submitted to the City for their records. Page 11 /EAGAN CITY COUNCIL MINUTES April 9, 1992 2. All applicable City ordinances shall apply. Aye: 5 Nay: 0 SPECIAL USE PERMIT /LARSON & LITI'LEJOHN Mayor Egan introduced this item as a Special Use Permit, Larson & Littlejohn, PA., to allow an antenna and equipment building on 10- 02700 -014-01 in the NE 1/4 of Section 27. Director of Community Development Runkle explained the application and David Larson of U. S. West was available for questions. Yvonne Krisnik, 4195 Lexington Avenue, said that when the water tower was constructed in their neighborhood, they were assured it would be attractive and were shown various schematic enhancements to the tower and to the surrounding property. While the tower has been built, none of the enhancements have been constructed. Ms. Krisnik said the addition of 9 antennae to the water tower would only add to the "eyesore." She questioned the use of park property for private interests and suggested the applicant buy property and place the antennae there. Director of Public Works Colbert explained that the designs for changes to the water tower were conceptual only and were not intended to proceed until the park developed. He said the general opinion now, however, is that the original design would make the structure even more imposing and staff is looking at new ideas to incorporate into the park design. Robert Davis, U. S. West architect, said they would be willing to consider additional landscaping around the structure. Director of Public Works Colbert advised the Council that there is a landscaping plan but rather than risk having to move the plantings when the park develops or when Diffley Road is upgraded, the lease agreement with U. S. West was increased to provide funding for the landscaping in the future. After further discussion, Councilmember Wachter proposed a continuance allowing staff to meet with the Krisnik's to discuss the application and any concerns they might have. Wachter moved, Egan seconded, a motion to continue to the April 21, 1992, regular City Council meeting, the application for Larson and Littlejohn, PA., to allow antennae and an equipment building to be erected on Parcel 10- 02700- 014 -01. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS /ROBERT ZIMMERMAN Mayor Egan introduced this item as a conditional use permit, for Robert Zimmerman, to allow outdoor sales or storage of motorized vehicles, motor vehicle repair or service, motor fuel sales, and a pylon sign on Lot 5, Block 1, Letendre 2nd Addition, located along the east side of Highway 13, north of Yankee Doodle Road in the SW 1/4 of Section 9. Wachter moved, McCrea seconded, a motion to continue to the April 21, 1992, regular City Council meeting, the application for a conditional use permit, for Robert Zimmerman, to allow outdoor sales or storage of motorized vehicles, motor vehicle repair or service, motor fuel sales, and a pylon sign on Lot 5, Block 1, Letendre 2nd Addition. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PRELIMINARY PLAT /GREAT OAKS ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Great Oaks Addition /Robert Engstrom Companies, changing the land use from D -III (Mixed Residential, 6-12 Units /Acre) to D -I (Single Family), a Rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Page 12/EAGAN CITY COUNCIL MINUTES April 9, 1992 Development to R -1 (Single Family), and a Preliminary Plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14. City Administrator Hedges indicated that the Advisory Planning Commission had held a public hearing on this item at their March 24 meeting and were recommending approval. Director of Community Development Runkle described the application. Bob Engstrom then briefly outlined the project and asked for clarification of Condition 7 and asked that Condition 12 be dependent upon what happens with the other developments. Director of Public Works Colbert requested that the words, "if necessary" be added to Condition 11 and that Condition 12 be discussed. Mr. Colbert was concerned that if Condition 12 dealing with Trails End Road were eliminated, it would leave unanswered who would eventually pay for the new configuration of that road. While questions were raised regarding Condition 12's nexus to this development, it was generally agreed that if the issue were anticipated and resolved now, it could save problems in the future. Because the concerns about the Conditions of plat were not anticipated, the Council asked Mr. Engstrom if a continuance would present problems for his development. Mr. Engstrom was agreeable to a two week continuance. Wachter moved, McCrea seconded, a motion to continue to the April 21, 1992, regular City Council meeting consideration of a Comprehensive Guide Plan Amendment, Rezoning, and Preliminary Plat for Great Oaks Addition /Robert Engstrom Companies, in order to resolve any questions relating to the conditions of preliminary plat. Aye: 5 Nay: 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT MIDWEST RESTAURANT ASSOCIATES Mayor Egan introduced this item as Preliminary Plat, 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. City Administrator Hedges said a public hearing had been held at the Advisory Planning Commission and the APC had recommended approval. Director of Community Development Runkle then described the project. After brief discussion, Wachter moved, McCrea seconded, a motion to approve the 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 as revised 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, B1, B2, C1, C2, C4, D1, El, F1, G1, H1 2. The site shall provide an irrigation system. 3. The Conditional Use Permit shall be recorded with the plat at Dakota County. 4. The attached trash /recycling enclosure shall be large enough to contain the trash dumpster and recycling containers. 5. A 3' continuous berm shall be constructed along the property line abutting I -35E. 6. A building permit shall be applied for and approved for the group dining area. Page 13 /EAGAN CITY COUNCIL MINUTES April 9, 1992 7. No further building additions may occur unless equivalent amount of parking stalls are provided. 8. All signage shall conform to the Town Centre sign agreement and is subject to the one -time fee of 52.50 /s.f. 9. This development shall extend the storm sewer along Town Centre Drive to the south to provide a stub to serve the 2.3 acres of Outlot A. 10. The future development of Outlot A shall construct a catch basin on Town Centre Drive on the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. 11. The northerly driveway opening to Town Centre Drive shall match the centerline of the existing driveway opening to the east. 12. A metal screening of the ventilation equipment on the roof of the building shall be required. Aye: 5 Nay: 0 McCrea moved, Awada seconded, a motion to approve 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. Aye: 5 Nay: 0 ON SALE LIQUOR LICENSE /APPLEBEE'S RESTAURANT Mayor Egan introduced this item as an application for an on -sale liquor license for Midwest Restaurant Associates, Inc., dba Applebee's Neighborhood Bar & Grill. McCrea moved, Awada seconded, a motion to approve an on -sale liquor license for Midwest Restaurant Associates, dba Applebee's Neighborhood Bar & Grill as presented. Aye: 5 Nay: 0 DOG AND CAT ORDINANCE Wachter moved, Pawlenty seconded, a motion as an ordinance amending City Code Section 10.11 regarding Dog and Cat regulations. Aye: 5 Nay: 0 CITY ADMINISTRATOR /SPECIAL CITY COUNCIL MEETING Wachter moved, McCrea seconded, a motion to schedule a special City Council meeting for May 5,1992, at 5:00 p.m. Aye: 5 Nay: 0 DIRECTOR OF PUBLIC WORKS /PROJECT 632 Wachter moved, McCrea seconded, a motion to receive the petition for Project 632 (Weston Hills - trunk utilities) and authorize the preparation of a feasibility report along with detailed plans and specifications. Aye: 5 Nay: 0 Page 14 /EAGAN CITY COUNCIL MINUTES April 9, 1992 DIRECTOR OF PUBLIC WORKS /OUTLOT D /KNOB HILL OF EAGAN McCrea moved, Wachter seconded, a motion to receive the petition to vacate drainage and utility easements for Outlot D, Knob Hill of Eagan Addition, and order a public hearing to be held May 5, 1992. Aye: 5 Nay: 0 Mr. Jim Williams, 4172 Reading, approached the Council to say the parking situation around Eagan High School has not improved and he presented a petition from the neighborhood. The petition containing 43 signatures requests that the City place signage on residential streets near Eagan High School restricting parking "to make students park where they belong." Mr. Williams suggested that signs either restrict parking during certain hours or by a permit parking system. Councilmember Pawlenty told Mr. Williams that staff would be requested to research the issue for the best solution and recommendation to the Council. He cautioned that the City may not have the legal right to institute a parking by permit system. ... ............................... .. ............................... Wachter moved, Egan seconded, a motion to approve the checklist dated March 31, 1992, in the amount of $1,254,926.38 and the checklist dated April 7, 1992, in the amount of $612,718.64. Aye: 5 Nay: 0 The City Council was adjourned at 11:55 p.m. KF Y CITY O EAGAN Aah -A verbeke