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10/20/1987 - City Council Regular Council Minutes October 20, 1987 7. The developer shall resolve the issue of preventing a thoroughfare between Scott Trail and Cliff Drive to the City's satisfaction. 8. The plat name shall be changed to Cedar Cliff 3rd Addition. All voted yes. SEE PLAT FILE YORKTON SOUTH INDUSTRIAL PARK 2ND ADDITION - PRELIMINARY PLAT The application of Yorkton Ltd. for preliminary plat approval of Yorkton South Industrial Park 2nd Addition consisting of 5 lots was brought to the Council for its review. The APC recommended approval at its September 22, 1987 meeting, with certain conditions attached. There was discussion by Mr. Sturm regarding the potential for an EAW indicating the two existing buildings totaled 216,257 square feet. The two existing buildings with 45,502 and two proposed lots with 170,775 square feet are below the 300,000 square feet threshold for a mandatory EAW. The proposal would include 11.5 acres divided into 5 lots and the balance as an outlot in the 2nd Addition. Lot 1 has a proposed user and the balance would be speculative. 38 parking spaces are required for the office portion and 62 being proposed for office/warehouse. Jim Krautkramer was present for the applicant and there were no objections. Wachter moved, Egan seconded the motion to approve the application, subject to the following: 1. All signage will be subject to the Sign Ordinance and the one-time fee of $2.50 per square feet. 2. Lots 1-5 shall have an office appearance from the adjacent roads. 3. No roof top mechanical equipment shall be visible from adjacent streets. 4. No exterior storage shall be allowed without separate conditional use permits. 5. The development shall be responsible for obtaining the appropriate approvals from MnDOT and Dakota County for proposed driveway locations. 6. All standard City plat conditions shall apply. All voted yes. SEE PLAT FILE 11 Council Minutes October 20, 1987 HIDDEN VALLEY ADDITION - VARIANCE A request was made by Graham Development Company for a variance from the 8% maximum street grade in the Hidden Valley Addition. Mr. Colbert described the request and indicated the City engineering division concurred with the hardship stated by the developer and recommended approval of the 10% street grade, noting there is an alternate secondary access being constructed at 8% or less. Mr. Ellison mentioned it was important to save the integrity of the terrain and also it was noted it would impact the existing tree stand if the 0% grade were implemented. Smith moved, Egan seconded the motion to approve the request, based upon the hardship described above. All members voted yes. LUNCH KING - LOT 3, BLOCK 2, EAGANDALE INDUSTRIAL PARK SPECIAL PERMIT An application was submitted by Mark Miller for a special permit for a Lunch King Restaurant in Lot 3, Block 2, Eagandale Industrial Park. Mr. Sturm briefly described the application, noting that the parcel was located at the intersection of Eagan Industrial Road and Eagandale Blvd. and the intent is for a Class 2 restaurant, not allowed in industrial zones pursuant to the Eagan City Code. The proposal is for a deli-type lunch service serving hot and cold sandwiches and primarily carry-out food to serve mainly the industrial area. It was noted that the special permit cannot be transferred without City Council approval. Mr. Miller was present and indicated that the restaurant would be open from 6:00 a.m. to 3:00 p.m. 5 days per week. Ellison moved, Egan seconded the motion to approve the request, subject to compliance with all City requirements. All voted yes. CARLOS & MELODY McKEE - VARIANCE - BERYL ROAD - CEDAR GROVE #5 An application of Carlos and Melody McKee, owners of Lot 1, Block 3, Cedar Grove No. 5 at 3947 Beryl Road for a two foot side yard variance for a dining room addition, was considered by the Councilmembers. Mr. and Mrs. McKee were present and answered questions of the City Council. There were no objections and it was noted that the reason for the variance was to line up with an existing gazebo. Smith moved, Wachter seconded the motion to approve the request, subject to compliance with other City requirements. All voted yea. 12 Council Minutes October 20, 1987 LAKE PARK SHORES - VARIANCE - VIVIENNE JABAAY An application of Vivienne Jabaay for a 10 foot rear year setback on Lot 10, Block 1, Lake Park Shores came to the Council for its review. The application was submitted requesting a variance to the ordinary high water mark of 908 feet for Thomas Lake for the lot to allow a house and attached garage to be constructed. Mr. Sturm noted that the plat was recorded November 20, 1979 and the Shoreland Ordinance that would be the reason for the variance, was adopted in 1983 by the City. Mark Parranto was present, as were the Jabaays and Mr. Parranto, as a next door neighboring owner, objected to the layout of the home, noting it would lie behind the back of the Parranto house. He stated that the Homeowners Association also objects because it does not conform with any other Homeowner Association requirements. He suggested readjusting the location of the house on the lot and the applicant agreed with the change. Smith moved, Egan seconded the motion to approve the variance to provide for setback from the cul-de-sac, subject to agreement with the neighboring property owners and also in conjunction with staff approval. All members voted yes. GOPHER EAGAN 2ND ADDITION - FOUNDATION PERMIT CONSOLIDATED FREIGHTWAYS An application of Gopher Smelting and Refining Company for foundation permit for Consolidated Freightways in Gopher Eagan Industrial Park 2nd Addition, came to the City Council. The permit would allow the developer to start the construction while the weather is still good in the fall of 1987. John Tapper was present and there were no objections. Wachter moved, Egan seconded the motion to approve the foundation permit for Lot 3, Block 1, Gopher Eagan Industrial Park 2nd Addition. All voted yea. CUTTER'S RIDGE ADDITION - REVISED SITE PLAN & CONDITIONS ,Jim Sturm explained that the City Council had approved the preliminary plat entitled Cutter's Ridge Addition-,, with, the understanding the developer and adjacent property owner, Jim Horne, agree on an alternate plan with a 60 foot right-of-way that would serve the Horne property to the north. The right-of-way issue has now been resolved,_according to the staff, and it was recommended thatan -additional condition be imposed. Egan moved, Wachter seconded the motion to approve the site plan review, including the following condition: 13 Council Minutes October 20, 1987 1. The developer shall be responsible for the acquisition of an additional 30 foot right-of-way on the adjacent property to the west for the north/south street connection to the Horne property to the north of Cutter's Ridge. If the developer does not acquire the 30 feet, then Lot 1, Block 2, shall be platted as an outlot. All voted yes. COUNTRY CLUB MARKET - PROJECT #87-32A The Contract regarding Country Club Market driveway improvements for Project #87-32A was next reviewed. Egan moved, Wachter seconded the motion to approve Contract #87-32A and award the contract as revised. All members voted yes. BRAUN COURT - CONTRACT #87-32B It was recommended that the bids be denied for Braun Court street and storm sewer improvements. Upon motion by Smith, seconded Ellison, it was resolved that the recommendation be approved, and further that the Council authorize the readvertisement for bid solicitations to occur during the early part of 1988. All members voted yea. PATRICK ADDITION - CONTRACT #87-32D It was recommended that the Council deny the application as requested by the developer of Patrick Addition for utility improvements under Contract #87-32D. Wachter moved, Egan seconded the motion to accept the recommendation and authorize it to be implemented. All voted in favor. GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION - CONTRACT #87-40 Upon motion by Smith, seconded Wachter, it was resolved that the plans for Contract #87-40 for Gopher Eagan Industrial Park 2nd Addition street and utility improvements, be approved and that the Council authorize the advertisement for bid opening to be held at 10:30 a.m. on November 13, 1987. All members voted yea. 14 Council Minutes October 20, 1987 PARKCLIFF 2ND ADDITION - CONTRACT #87-37 Mr. Colbert stated that the engineering division successfully negotiated a reduction in the contract amount of $4,067.50 for Contract #87-37 and that the estimated cost of construction is now about $25,000.00. Upon motion by Ellison, seconded Wachter, it was resolved that Change Order No. 1 to Contract #87-37 storm sewer extension be approved and that the Mayor and City Clerk be authorized to execute the related documents. All members voted affirmatively. DALLAS DEVELOPMENT 2ND ADDITION - CONTRACT #87-38 The bids for the street and utility improvements for Dallas Development 2nd Addition, Contract #87-38, have been received. It was recommended that the Council receive the bids and award the contract to the low bidder, Richard- Knutson, Inc. in the sum of $435,326.75, subject however, to the execution of the development agreement for the project. All members voted in favor. ST. FRANCIS WOODS 6TH ADDITION - CONTRACT #87-41 The plans have now been prepared for Contract #87-41 consisting of street and utility improvements for St. Francis Woods 6th Addition. Wachter moved, Egan seconded the motion to approve the plans for Contract #87-41 and authorize the City Clerk to advertise for a bid opening to be held at 10:30 a.m. on November 13, 1987 at City Hall. The Councilmembers all voted yes. COUNTRY HOLLOW ADDITION - CONTRACT #87-30 Change Order No. 1 for Country Hollow Addition trunk utilities under Contract #87-30 was presented to the City Council, to extend trunk'sanitary sewer within the addition to provide future service to the additional phased developments. Ellison moved, Wachter seconded the motion to approve Change Order No. 1 as recommended. All voted yes. CLIFF LAKE GALLERIA EAW The City Administrator and City Attorney discussed briefly with the City Council the status of the EAW being submitted to the Environmental Quality Board for Cliff Lake Galleria. The question had arisen as to the Council's interpretation whether the EAW was mandatory or voluntary and the Councilmembers indicated that it was their interpretation that the EAW was mandatory. There was further discussion concerning the status of the report being sent to the Planning Commission for its hearing on October 27, 1987 with no specific action. 15 Council Minutes October 20, 1987 WESCOTT ROAD - PROJECT #494 - KENNETH GANGL Tom Colbert went to the City Council at the request of Kenneth Gangl, a property owner on Wescott Road, for compensation of $800.00 for an easement under Project 4494. It was noted that part of Mr. Gangl's property is included in the adjoining subdivision. Smith moved, Egan seconded the motion to approve the payment as requested. All members voted affirmatively. BRITTANY 10TH ADDITION There was again discussion concerning the watermain easement in the Brittany 10th Addition area, and Paul Hauge stated that John Brown had not, as yet, agreed to convey the easement. Upon motion by Smith, seconded Egan, it was resolved that the trunk watermain be deleted from the project and that the staff be authorized to change the alignment of the watermain, and further that condemnation of the necessary watermain easement be authorized, including the hiring of an appraiser to determine the damage. All councilmembers voted yes. FIRE STATION NO. 4 The Public Works Director indicated that the grading of the site for Fire Station No. 4 had not been included as part of the original contract. A written quote had been received in the sum of $24,500.00 and a telephone quote of $18,680.00. Because of the emergency in getting the grading done during October in order to commence construction on the project, and the necessity of complying with the State Statute regarding advertising for bids, several alternates were discussed. These included deleting portions of the plan, incorporating the grading as a change order to the prime contract or declare an emergency and award the contract on an emergency basis. Egan moved, Wachter seconded the motion to authorize the staff to incorporate the grading contract as a change order to the general contractor's agreement with the City. All voted yea. TOWN CENTRE 100 - GRADING APPLICATION Mr. Colbert then described to the City Council, a request of the developer of the Town Centre 100 Planned Development for grading permit at the southeast corner of Town Centre Drive and Denmark Avenue on a parcel that consists of an outlot. He noted that the Council had directed that grading applications be submitted through the Planning Commission and Council for land that is not platted and asked for decision of the council on the method for approval for an 16 Council Minutes October 20, 1987 outlet. It was determined by the City Council members that an outlot is platted and in addition, that the City has already received preliminary grading plans for the site and therefore it could proceed as a platted lot. HAMPTON HEIGHTS ADDITION - LETTER OF CREDIT Mark Parranto appeared regarding the request of the developer for Hampton Heights Addition that the City Council reduce the retainage of 20% on its financial guarantee for the Addition, noting that virtually all of the remaining work has been completed. He suggested a $25,000.00 retainer and expected that all work will be completed within 2 to 2 1/2 weeks. Mr. Colbert noted that the City Council has a policy that 20% be retained until all items are done, to give a financial incentive to the developer to complete all items in a timely fashion. After discussion, Smith moved, Egan seconded the motion to reduce the amount to $50,000.00, based upon the fact that the developer is well known in the community, is expected to continue to develop within the City, and further, the fact that nearly all of the unfinished items have been completed. Smith, Ellison and Egan voted yes; Wachter and Blomquist voted no, noting that the policy provision should not be changed. CHECKLIST Egan moved, Wachter seconded the motion to approve the checklist dated October 20, 1987 in the amount of $1,283,281.60. All vote in favor. and September 30,1987 in the amount of $1,305,811.76. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 10:20 p.m. All voted yes. PHH Ci lerk 17 all i~ - n MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 20, 1987 A regular meeting of the Eagan City Council was held on Tuesday, October 20, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Consulting Engineers Robert Rosene and Mark Hanson, Planner I Jim Sturm, and City Attorney Paul Hauge. AGENDA Smith moved, Wachter seconded the motion to approve the agenda as prepared. All voted yea. MINUTES Regular meeting of October 6, 1987. Wachter moved, Egan seconded the motion to approve the minutes with the exception on page 6 regarding Braun Court, Project #487R, it should be noted that an easement was required for the south half of the street right-of- way. All voted yea. POLICE DEPARTMENT Police Chief Jay Berthe was present and introduced Pastor James Bloch of Christ Lutheran Church who had volunteered to act at the Eagan Police Department Chaplain and had completed the St. Paul Police Department Chaplaincy Course. Pastor Bloch was present and the Councilmembers thanked him for his willingness to serve. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 1. Liquor License Renewals. The following liquor license renewal applications were submitted and recommended to be approved, according to the information submitted in the packet: a. A total of 12 on-sale liquor license renewal applications were submitted. 1 Council Minutes October 20, 1987 b. Five (5) off-sale liquor license renewal applications were reviewed. c. On-Sale Club license for Spur, Inc. d. Seven (7) wine license renewals for 1988 were submitted. e. 16 on-sale beer license renewal applications. f. 16 off-sale beer license application renewals. 2. Pizza Hut - On-Sale Beer License. An application was submitted by Pizza Hut requesting a change in corporate officials to add Michael Moline and Theresa Roll of the Wichita, Kansas corporate offices for Pizza Hut and it was recommended they approve the corporate official changes. 3. Transfer of Fund Assets. The Director of Finance requested authorization to transfer funds from the 1981-1 Equipment Certificate Fund #48 and the 1981-2 Equipment Certificate Fund #49 to the 1983 Equipment Certificate Fund #43. 4. 1976 Dump Truck Sale. It was recommended that the high bid of Johnson Motor Sales, Inc. for the sale of the 1976 Ford L-8000 tandem dump truck be approved. 5. DeLoitte, Haskins and Sells - 1987 Auditing Services. A recommendation was made by the Director of Finance that DeLoitte, Haskins and Sells be approved as the City Auditors for the year ending December 31, 1987. 6. Martha Dehler - Project #469 - Senior Citizen Deferment. A request had been made by Martha Dehler who lives at 3106 Pilot Knob Road, for senior citizen deferral for assessments under Project #469 and the staff recommended approval. 7. Burnsville Joint Powers Agreement - Fire Training Facilities. The recommendation was made by the staff that the Council authorize the agreement with the City of Burnsville for the construction of the fire training facilities by Metcon Metro of Far ibaul t . 8. BBD 2nd Addition - Final Plat. An application was submitted by the developer of BBD Addition for final plat approval of the BBD 2nd Addition and it was recommended that the Council approve the application. 9. Stoney Point and Blackhawk Ridge - Project #523 - Trunk Water Main. A Petition had been submitted for trunk water main services for Stoney Point and Blackhawk Ridge and it was recommended that the Petition be received and that the Council authorize the feasibility report for Project #523, and in addition, detailed plans and specifications. 2 Council Minutes October 20, 1987 Upon motion by Smith, seconded Wachter, it was resolved that the foregoing consent agenda items as recommended, be approved and authorized to be implemented. I-35E - NOISE BARRIER A lettcr had been sent by Hans and Suzanne Klaas, owners of property at 1968 Safari Trail, for a feasibility report for sound barriers adjacent to the property along I-35E. Public Works Director Tom Colbert asked for direction from the City Council whether the City should require 50% of the affected owners to petition before the City Council will authorize a feasibility report and how the guarantee of the cost for the feasibility report would be set up. Mayor Blomquist suggested that if the property owners have a right to do so under a revision to the 1987 legislation, that the City should be willing to honor the request and prepare a report and hold a public hearing. Mr. Colbert estimated the cost of such a report from $2,000.00 to $2,500.00 through the hearing stage. Councilman Smith proposed that 35% of the affected property owners be required to be included on the Petition, and the Petitioner guaranty payment of costs of all City expenses if the project does not proceed. The question of benefit also arose and it was noted that it would be more desirable to assess prior to the construction of buildings along the freeway, than after completion of construction. EAGAN HISTORY BOOKS City Administrator Tom Hedges conveyed a request from one of the local schools that an Eagan History Book be placed in the library of the school. After discussion, Wachter moved, Egan seconded the motion to direct that 5 Eagan History books be placed in each school library within Eagan and in schools adjacent to the City. All members voted in favor. POND AP-50 - CEDAR CLIFF COMMERCIAL PARK 2ND ADDITION PROJECT #452R Mayor Blomquist convened the public hearing regarding the storm sewer outlet for AP-50 under Project #452R in the area of Cedar Cliff Commercial Park 2nd Addition. The staff recommended that the hearing be continued until November 5, 1987 to make certain that all property owners are properly noticed. Upon motion by Ellison, seconded Smith, it was resolved that the hearing be continued until November 5, 1987. All voted in favor. 3 Council Minutes October 20, 1987 BRAUN COURT - PROJECT #487R The next public hearing convened by the Mayor was a continued public hearing regarding street and storm sewer improvements under Project #487R on Braun Court, east of Pilot Knob Road. A second public hearing was held on October 6, 1987 and was continued to allow the neighbors to attempt to work out the storm sewer cost issues at a neighborhood meeting. Henry Braun was present and stated that it was his opinion that the County should pay for the outlet for the low area because it blocked the drainage by upgrading Pilot Knob Road in 1927, 60 years ago. The owners, however, requested the bids be rejected and be rebid in the spring of 1988. Mr. Colbert recommended that the Council approve the revised assessment roll and eliminate the parcels south of those parcels lying adjacent to Braun Court and that the property on either side of Braun Court be assessed one-half of the cost of the storm sewer. Smith moved, Wachter seconded the motion to close the public hearing, approve the project and order it in and in addition, approve and modify the assessment roll providing for the assessment of one-half of the storm sewer cost on each side of Braun Court and further, that bids be solicited in the spring of 1988 and the contract awarded at that time. All members voted yes. COUNTRY CLUB MARKET - PROJECT #449R The next public hearing convened by the Mayor consisted of driveway and landscape improvements in the Country Club Market area under Project #449R. Tom Colbert reviewed the project and stated that Country Club had indicated that it desired to install its own improvements privately. The question then remained as to the access from Cedarvale Blvd. to the alley with an estimated assessable cost of $13,600.00. Bob Nelson of Country Club was present and stated that it will agree to the installation of the necessary improvements along the Country Club property, but not in front of Rax Roast Beef. Egan moved, Wachter seconded the motion to close the hearing and approve Project #449R relating to the access and the storm sewer, subject to Country Club Market entering into an Agreement to perform the landscaping improvements according to City requirements, with the posting of an appropriate financial guarantee. All voted yea. PATRICK ADDITION - PROJECT #509 The next public hearing convened by the Council considered street and utility improvements under Project #509 for Patrick Addition. The staff recommended continuance until a representative of the developer was present to determine whether the developer wished to proceed with the project privately. Smith moved, Egan seconded the motion to continue consideration of the hearing until later in the meeting. All members voted yes. 4 Council Minutes October 20, 1987 GOPHER-EAGAN INDUSTRIAL PARK 2ND ADDITION - PROJECT #516 The hearing regarding street and utility improvements under Project #516 for Gopher-Eagan Industrial Park 2nd Addition was then brought to order. Mr. Colbert noted that the hearing had originally commenced on October 6, 1987 and because certain affected property owners were present who objected to the lack of notice, the hearing had been continued. John Tapper of Gopher Smelting was present and stated that most of the issues had been resolved except the storm sewer run-off and a revised plan had now been prepared. There was no one present who objected to the hearing. Mark Hanson of the Bonestroo office also briefly explained the changes and noted the frontage road had been revised with agreement from all affected parties. Smith moved, Wachter seconded the motion to close the hearing and to approve and order in Project #516. All members voted in favor. PATRICK ADDITION - PROJECT #509 The Mayor then reconvened the public hearing of Patrick Addition for street and utility improvements under Project #509. Mark Parranto appeared for the developer and indicated the developer intends to install the improvements privately. Wachter moved, Egan seconded the motion to close the hearing and cancel Project #509. All voted yea. OAK CLIFF 1ST ADDITION - UTILITY EASEMENT VACATION A public hearing regarding the vacation of utility easement for Lot 1, Block 4, Oak Cliff 1st Addition was brought to order by the Mayor. Mr. Colbert described the background, including the fact that on September 15, 1987, the Council received a Petition and scheduled a public hearing to be held on October 20, 1987 to consider the vacation of a portion of an existing side lot line. The encroachment of a residential home occurred through an error in the Certificate of Survey and it was recommended that an agreement be entered into by the property owners before the hearing is closed. Smith moved, Egan seconded the motion to continue the hearing until the November 5, 1987 regular meeting in order to acquire an agreement from the affected property owners. All members voted yes. 5 Council Minutes October 20, 1987 BORCHERT-INGERSOLL - PARCEL 011-75 Ernie Peacock, a real estate sales person, had been in touch with the City regarding the need for acquisition of right-of-way for parcel 011-75 owned by Borchert-Ingersoll. Mr. Peacock had contacted Tom Colbert and requested an indefinite extension in order to further explore the issues. Wachter moved, Egan seconded the motion to continue the request for right-of-way acquisition indefinitely. All members voted affirmatively. MICHAEL KALZENBERG - ACCESSORY HOUSING PERMIT 1725 DEERWOOD DRIVE A request was received from Mr. & Mrs. Michael Kalzenberg who live at 1725 Deerwood Drive, for an accessory housing permit to allow additional persons to live in the single family residential home. Staff had determined that the request complied with the City requirements and forwarded a letter of intent to approve the permit, to neighboring property owners for comment. Many of the neighboring owners signed a Petition objecting to the permit and several appeared at the council meeting, including John Yetzer of 1726 Sartell, objecting, based upon the potential lowering of property values. He also indicated that certain people within 150 feet did not'receive copies of the letter of intent. Councilman Smith stated that the purpose of the ordinance was to determine whether the proposal meets the ordinance requirements and also if there is compliance, then neighbors would have the right to object. Blomquist noted that the intent is not to allow a duplex use in single family zoned area if there are objecting neighbors. Those who appeared in opposition were Bob Kasper of 1717 Deerwood Drive, LeRoy Grant, 1724 Deerwood Drive, Dave Nakola of 1721 Deerwood Drive and Mary Ellen Jaworski of 1733 Deerwood Drive. After reviewing the Petition and allowing Mr. Kalzenberg to make a presentation, Egan moved, Ellison seconded the motion to deny the application, based upon the strong opposition of the neighboring property owners and further, with the direction that the persons who are renting a portion of the residence, vacate the property by December 1, 1987. All members voted yes. BLACKHAWK GLEN 3RD ADDITION - PRELIMINARY PLAT The next application to come to the Council was an application of Sienna Corporation for preliminary plat approval for Blackhawk Glen 3rd Addition consisting of 33 lots on 25.8 acres. The Advisory Planning Commission at its meeting on September 22, 1987 recommended approval, subject to certain conditions. Jim Sturm described the application for the Council and noted that there were no variances 6 Council Minutes October 20, 1987 e requested. The shared cul-de-sac in excess of 500 feet received a variance with the earlier proposal, and he noted that all lots exceed R-1 standards with a minimum lot area of 17,000 square feet and an average 26,492 square feet. The average width at the setback line is 127 feet. A homeowners association will be created. Councilman Wachter was concerned about the pond in the back yards and was told that there is an emergency outlet swale, together with the storm sewer piping. There were no objections. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. A copy of the Homeowners Association governing documents shall be submitted to the City Attorney for review and approval. 3. There shall be no driveway access into Blackhawk Hills Road. 4. Lots 1, 2, 3, and 4, Block 1, shall have their driveways connect to the internal street, not Blackhawk Point. 5. The development shall be responsible for completing the water main loop from the easterly adjacent cul-de-sac street to the existing water main in Blackhawk Hills Road. 6. This development shall be responsible for providing adequate easements for the storm sewer outlet into Blackhawk Lake. 7. This development shall also be responsible for constructing the required outlet into Blackhawk Lake. 8. Houses having elevations below 860 feet will be required to have individual water-pressure reducing valves. 9. The developer shall be required to obtain a DNR permit for the pond storm system. 10. The developer shall convey Outlot B to the City for parkland dedication, with the remaining dedication requirement to be made up in cash. 11. The developer shall provide a conservation easement over the lots along the abutting Blackhawk Park, as determined adequate by staff. 12. The developer shall provide a temporary trail easement within the southwest portion of the parcel, to provide for adequate area for trail construction, as determined by City staff. This temporary easement shall cover a period of five years, and be replaced by a permanent easement once the trail is constructed. 7 Council Minutes October 20, 1987 13. The developer shall grade the proposed trail along the pedestrian access according to the parks and recreation design and standards. This area is adjacent to the proposed development to the east. 14. The cul-de-sac shall be located in a position that is approved by the City staff. Rick Packer was present for the developer and answered questions of the City Council members. All voted in favor. SEE PLAT FILE ENGSTROM'S DEERWOOD ADDITION - REZONING & PRELIMINARY PLAT The application of Robert Engstrom Associates for rezoning from A (Agricultural) to PD and preliminary plat approval for Engstrom's Deerwood Addition then was brought to the Council for its consideration. Jim Sturm reviewed the application, noting that the 39.75 acre parcel was intended to include 83 single family lots and 22 townhouse units. Mr. Sturm stated that there were a number of easements criss-crossing the property, creating some problems for development. There will be a gross density of 2.2 units per acre for the single family area and 9.2 units per acre for the townhouse area. Four lots in the southwest corner would be less than 85 feet at the setback line on the cul-de-sac but it was noted there were some constrictions because of existing easements. Bob Engstrom as well as Howard Kyllo were present. Mr. Engstrom explained the single entrance proposal on Deerwood and recommended no access for Pilot Knob Road because of the heavy traffic and the possibility of using the development's interior streets as a shortcut. Berming along Pilot Knob Road would be provided as a noise barrier, and approximately $100,000.00 in landscaping would be included in the subdivision. Councilman Wachter suggested three lots rather than 4 lots in the southwest corner to avoid any variance, and also proposed that there be one additional outlet into the entire development for safety reasons. Mr. Engstrom suggested that duplex lots be allowed at the entry from Pilot Knob Road but Councilmembers were opposed to such a mix. The APC recommended approval, subject to certain conditions. Mr.. Colbert, upon .question, indicated that the southeast corner could connect with Pilot Knob Road directly across from the street access to Chatterton Ponds. Mr. Colbert was concerned about snow storage on the cul-de-sacs with lots less than 85 feet at the setback line. He also had concerns about access to 1-ine up with,,afuture driveway from the Bryant property on the north side of Deerwood. He further-stated that the City has allowed cul- de-sac.islands in. the past and that the center island at. the entrance has not--been allowed by.-the City but suggested it be allowed as an exception to determine its feasibility. 8 Council Minutes October 20, 1987 Egan moved, Ellison seconded the motion to rezone the property to Planned Development, subject to 22 unit maximum number of townhomes and 83 single family lots, and further, the execution of a planned development agreement. All members voted in favor. Councilman Smith moved, Wachter seconded the motion to approve the application for plat approval, subject to the following conditions: 1. The lots shall comply with the minimum lot requirements, including setback on the lots at the southwest corner. 2. The sales brochure for the single family lot shall indicate that there are townhouse homes being proposed in the northeast corner. 3. That the center island at the entrance will be allowed as an exception only. 4. All standard platting conditions shall be adhered to. 5. The cul-de-sac in excess of 500 feet shall be permitted. 6. That development shall submit a grading and drainage plan acceptable to staff which addresses but is not limited to the issues outlined in the staff report. 7. The development shall assume full responsibility for all damages which may result and/or any reconstruction of the existing trunk facilities which may be necessitated by the grading and construction activities within the proposed development. 8. Future homeowners of this development shall be advised of the Williams Brothers pipeline. 9. The Development Agreement and Planned Development Agreement shall provide for a maximum of 22 units. 10. This plat shall be subject to a cash park dedication. 11. A trailway on Pilot Knob Road shall be installed at the developer's expense. 12. A trail connection to the Deerwood Elementary School site from the residential development shall be installed at the developer's expense. 13. The developer shall provide for an outlet at the southeast corner of the property to Pilot Knob Road, directly across from the access to the development on the easterly side of Pilot Knob Road. All members voted affirmatively. SEE PLAT FILE 9 Council Minutes October 20, 1987 ,rte DORCHESTER OF EAGAN ADDITION - PRELIMINARY PLAT The application of Keller Investment Company for preliminary plat approval for Dorchester of Eagan Addition to include 320 apartment units was next considered. The APC recommended approval of the application subject to certain conditions, at its meeting on September 22, 1987. Mr. Hedges indicated that Friday, October 16, 1987 a letter was received from Mr. Keller requesting the application be withdrawn. Wachter moved, Egan seconded the motion to honor the request for withdrawal. All voted aye. SEE PLAT FILE CEDAR CLIFF COMMERCIAL PARK 3RD ADDITION - PRELIMINARY PLAT The application of M. G. Astleford Company for preliminary plat approval of Cedar Cliff Commercial Park 3rd Addition, consisting of one 0.87 acre lot and two outlots containing 4.4 acres. Mr. Sturm indicated the public hearing was held by the Advisory Planning Commission on September 22, 1987 and it recommended approval with certain conditions. The developers of the Building Block Addition had requested a revision of the original site plan so that a connection between Cliff Drive and Scott Trail for commercial purposes could be made. The staff recommended that the plat be renamed Cedar Cliff Commercial Park 3rd Addition. Ray Williams of Astleford was present and there were no objections. Smith moved, Ellison seconded the motion to approve the application, subject to the following: 1. All standard platting conditions shall be adhered to. 2. A revised landscape plan shall be submitted on grading plan. The financial guarantee shall not be released until one year after the date of installation. 3. If a shortage of parking is evident, the City may require parking lot expansion. Nineteen spaces shall be initially approved. 4. No mechanical units shall be visible from the residential property or from Scott Trail. 5. The development shall be responsible for the cost of the construction of the required storm sewer to convey the runoff from Lot 1, Block 1 and Outlot B into the existing storm sewer system in Scott Trail when the outlet for Pond AP-50 is constructed. 6. The development shall be responsible for constructing its proposed entrance to Cliff Drive at this time. 10