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08/18/1987 - City Council Regular 00346 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 18, 1987 A regular meeting of the Eagan City Council was held on Tuesday, August 18, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. In addition, City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Robert Rosene and Mark Hanson, and City Attorney Paul Hauge were present. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as revised. All voted in favor. MINUTES August 4, 1987 - Regular Meeting Minutes. Upon motion by Egan, seconded Ellison, it was resolved that the minutes of the regular meeting of August 4, 1987 be approved with the exception that on page 14, relating to Blue Ridge Addition final plat, the second paragraph regarding Mr. Colbert's comments should be entered after the motion in the third paragraph. All voted yes. August 10, 1987 - Special Meeting Minutes. Wachter moved, Egan seconded the motion to approve the minutes with the exception on .page 1, the meeting began at 5:00 p.m., rather than 6:30 p.m. All,, voted yea. BLACKHAWK ROAD - CONTRACT #87-17 After review of the bids that had been received on Blackhawk Road street improvements under Contract #87-17, Smith moved, Wachter seconded the motion to approve the award of the contract to the low bidder, Preferred Paving, for $320,032.50, subject however, to acquisition of all necessary easements. All voted yes. WESCOTT ROAD - CONTRACT #87-26 The bids were received for Contract #87-26 consisting of surfacing of Wescott Road and it was recommended that the contract be awarded to the low bidder. Egan moved, Smith seconded the motion to approve the award of the contract to Bituminous Roadways, Inc. in the sum of $328,436.00, subject to completion of the acquisition of all necessary easements. All members voted yes. 1 Council Minutes August 18, 1987 00347 SPERRY RESERVOIR - REPAINTING - CONTRACT #87-34 Wachter moved, Egan seconded the motion to approve the plans for Contract #87-34 and authorize the advertisement of bids with an opening to be held at 9:30 a.m. on August 31, 1987 at City Hall. All members voted yea. COUNTRY CLUB MARKET, BRAUN COURT, PATRICK ADDITION AND CHAPEL HILLS BAPTIST CHURCH - CONTRACT #87-32 Staff recommended that the Council authorize the advertisement for bids for Contract #87-32, noting the plans have now been prepared. It was pointed out, however, that easements have yet to be acquired for certain of the projects.- Egan moved, Wachter seconded the motion to receive the plans and to authorize the advertisement for bids in the legal newspapers to be opened at 10:30 a.m. on September 11, 1987 at the Municipal Center. There was discussion concerning the proposed Country Club Market project and a status report of the acquisition of the necessary easement right-of- way will be made, following the receipt of the bids. All members voted in favor except Councilman Smith who abstained regarding the Patrick Addition improvements, noting that his employer is the fee owner of the property. STAFFORD PLACE - CONTRACT #87-24 There was discussion concerning the acquisition of easements and it was noted that a right-of-entry is expected to be signed within the next two days from the developer of Stafford Place. Egan moved, Wachter seconded the motion to receive the bids for Contract #87-24 and award the contract to the low bidder, J. P. Norex, in the sum of $553,923.15. All voted affirmatively. COUNTRY HOLLOW - CONTRACT #87-30 A right-of-entry has now been acquired from the developer of the Country Hollow Addition and Mr. Colbert recommended the award of the contract to the low bidder. Ellison moved, Egan seconded the motion to receive the bids and to award the contract to the lowest responsible bidder, F. Jedlicki, Inc., in the sum of $252,060.00. All members voted yea. 2 Council Minutes August 18, 1987 00348 WELL NO. 10 - CLIFF ROAD - CONTRACT #87-27 Bids have been received for . Contract #87-27 and it was recommended by the staff that the bow bidder, E. H. Renner & Sons, be awarded the contract in the sum of $131,240.00. Wachter moved, Egan seconded the motion to accept the staff recommendation and authorize the award of the contract. All voted aye. WELL NO. 11 - ASHBURY ROAD - CONTRACT #87-28 It was recommended that the low bidder'be awarded the contract. Egan moved, Ellison seconded the motion to receive the bids and to authorize the award of the contract to Keys Well Drilling Company, the low bidder, in the sum of $188,860.00. All voted affirmatively. SALT STORAGE BUILDING - CONTRACT Bids have been received for the salt storage building. Public Works Director Tom Colbert recommended that the Council reject all bids and readvertise with modifications to the plans, because there were only two bids, with a third bid being submitted late and the bids were excessively high. Wachter moved, Smith seconded the motion to reject the bids because they are substantially above the estimate and authorize the staff to redraw the plans and resubmit to the City Council at a later time for readvertising. All members voted yes. QUARRY & BLUE CROSS/BLUE SHIELD PARK - CONTRACT #87-3 The hockey rink lighting for Quarry and Blue Cross/Blue Shield Park plans and specifications have been prepared. It was recommended that the Council authorize the advertisement of bids for Contract #87-3 to be advertised in the legal newspaper and they are to be opened on August 28, 1987 at 1:00 p.m. at the Eagan Municipal Center. Smith moved, Wachter seconded the motion to implement the recommendation. All voted aye. CONSENT AGENDA The following consent agenda items were reviewed and Project #512, Cutter's Ridge utilities, and Project #518, Manor Lake Addition, were stricken from the consent agenda for consideration later in the Council meeting. Upon motion by Egan, seconded Wachter, it was resolved that the following consent agenda items be approved and authorized to be implemented by the City staff: 3 Council Minutes39 August 18, 1987 1. Personnel - Seasonal Park Maintenance Worker. It was recommended that Michael Pogorelc be hired as a seasonal park maintenance worker for the 1987 fall season. 2. Delinquent Utility Bill - Assessment Roll. A list of delinquent accounts which cannot be shut off for collection was provided by the Utility Billing Department. Also included was a list of delinquent accounts on property which is vacant and service had been shut off. It was recommended that the Council receive the final assessment roll for delinquent utility bills and schedule a public hearing for September 15, 1987 at 7:00 p.m. at the Eagan Municipal Center. 3. South Nicols Road - Project #460A. The final assessment roll for South Nicols Road, Project #460A has been prepared and it was recommended that the roll be received and that a public hearing be scheduled for September 15, 1987 at 7:00 p.m. at the Municipal Center. 4. Windtree 7th Addition - Project #477. A recommendation was made that the final assessment roll for Project #477 consisting of Windtree 7th Addition be received and that a public hearing be scheduled for September 15, 1987 at 7:00 p.m. at the City Municipal Center. 5. Woodgate Lane - Street Lights - Project #490. The final assessment roll has been prepared for Project #490, Woodgate Lane street lights, and it was recommended that the roll be received and that the Council schedule a public hearing at 7:00 p.m. at the Municipal Center on September 15, 1987. 6. Nancy Circle - Project #482. The final assessment roll has been prepared for Project #482 and the staff recommended that the roll be received by the City Council covering Nancy Circle street improvements and that it schedule a public hearing at 7:00 p.m. at the City Hall on October 20, 1987. 7. Pond AP-50 Outlet - Project #452 Revised. It was recommended by the staff that Council receive the revised feasibility report for Project #454R, Pond AP-50 Outlet, and that it schedule a public hearing at the Municipal Center at 7:00 p.m. on September 15, 1987. 8. Windtree 8th Addition - Final Plat Approval. The developer of the Windtree 8th Addition has submitted its application for approval of its final plat. It was recommended that based upon receipt of all necessary City requirements that the Council approve the application. R87-56 4 Council Minutes August 18, 1987 00350 9. St. Francis Woods 6th Addition - Project #517. A Petition has been received for preparation of a feasibility report for improvements in St. Francis Woods 6th Addition. It was recommended that the Council receive the petition and authorize the preparation of a feasibility report and detailed plans and specifications. 10. Park Shelter - Contract #86-09. The final payment request has been made for Park Shelter under Contract #86-09 and it was recommended that the City accept the Park Shelter and authorize the final payment in the sum of $24,391.00 to A.L.M. Construction. 11. Rahn Park Dike - Contract #86-19. A request for final payment has been made by Central Landscaping, Inc. covering Rahn Park dike construction and it was recommended that the Council accept the project and authorize the final payment in the amount of $3,154.90. 12. UPS First Addition - Contract #85-18. Change Order No. 2 to Contract #85-18 in the amount of $29,575.85 was recommended to be approved and it was further recommended that the Mayor and City Clerk execute the necessary documents to implement the change order. 13. UPS First Addition - Project #442. The final assessment roll for UPS First Addition, Project #442 has been completed and the staff recommended that the Council receive the roll and schedule a public hearing before the Council at the Municipal Center on September 15, 1987 at 7:00 p.m. 14. Wescott Road - Project #467. The street and utility assessment roll under Project #467 for Wescott Road has been prepared and submitted by the staff and it was recommended that the roll be received and that a public hearing be scheduled by the City Council at the Municipal Center on September 15, 1987 at 7:00 p.m. 15. South Wescott Hills Drive - State Aid Designation. It was recommended that the resolution to revoke State Aid designation of South Wescott Hills Drive after evaluation of the overall Municipal State Aid street system running through Northview Meadows Addition, be approved. R87-57 16. Rahn, Goathill and Trapp Farm Parks - Contract #86-22. The parking lot lighting improvements under Contract #86-22 have been completed and it was recommended that final payment be approved and the project be accepted with payment of $3,873.00 to Midland Electric. 17. Blackhawk Acres 2nd Addition - Vacation of Utility Easement. It was recommended that the council receive the petition for vacation of utility easements in Blackhawk Acres 2nd Addition and schedule a public hearing for September 15, 1987 at 7:00 p.m. at the Eagan Municipal Center. All councilmembers voted affirmatively. 5 Council Minutes August 18, 1987 00351 BUILDING BLOCK DAY CARE CENTER - INDUSTRIAL REVENUE FINANCING Mayor Bea Blomquist convened the public hearing concerning the consideration of industrial revenue financing for Building Block Day Care Center facility, by Waterford Development Group, Inc. City Administrator Tom Hedges who returned home from vacation on the day of the Council meeting, summarized the application and noted that the July 7, 1987 City Council meeting set the public hearing for August 4, 1987. At the latter meeting, the Council continued further information including financial statements for the non- profit corporation, the salaries and other related information for Building Block Day Care Management Team, including the names of the Board of Directors. William Dunkley was present on behalf of the applicant and answered questions of the City Council. He indicated that the City of St. Paul will issue the bonds but the City of Eagan must acknowledge the issuance also. Councilman Egan questioned the extent of industrial revenue bond activity in the future and it was noted that it is not expected that there will be much request for IB funding in the near future. He explained that the land costs tend to remain within the financing, certain uniqueness to the application and the lack of activity in the industrial bond area, including the non-profit status for features that were discussed. Mr. Dunkley indicated, upon questioning, that none of the financing will be used to pay off other outstanding obligations. There was discussion concerning the rather poor profit and loss statement for the non-profit corporation. Mr. Dunkley pointed out that the New Horizon Child Care, Inc., a for-profit corporation, will manage the day care center and upon questioning, indicated that the Dunkley family are the owners and operators of the New Horizon Child Care, Inc. Councilman Ellison was reluctant to approve because there were so many for-profit day care centers in the City and it was an unfair advantage to those centers to allow financing of this nature. Ellison moved, Smith seconded the motion to deny the application on the basis of the very poor financial report, and the other reasons cited by the City Council including the requirement for the change in the policy to allow land costs to be included and other objections noted above. All members voted in favor. PARK CLIFF 2ND ADDITION - STORM SEWER - PROJECT #506 Mayor Blomquist convened the public hearing regarding storm extensions under Project #506 in Park Cliff 2nd Addition. The public hearing had been continued from the July 21, 1987 meeting to allow the staff members to pursue various alternates with the 6 Council Minutes August 18, 1987 o0352 property owners. A neighborhood meeting was held on Tuesday, August 11, 1987 and cost estimates for the assessment rates were discussed and reviewed in detail. Tom Colbert reviewed four alternates, including the fourth alternate which had a total estimated cost of $31,000.00 and cost per square foot of $0.075 for a total lot cost of $673.91. The fourth alternate would incorporate the storm sewer extension discussed in Alternate No. 1, but would increase the inlet capacity at the low point on Parkridge Drive and increase the storm sewer system to its outlet with the internal ponding area. Mr. Colbert stated that the objective would be to meet the City's five- year storm requirement with pond design for 100 year storm and inlet at 10 year design. He noted that the existing pipe size appears to be adequate but the number and size of the catch basins are not adequate, according to present day standards. Paul Hauge, the City Attorney, was asked to outline views regarding the obligation of the City, the developer, and the homeowners concerning the cost of necessary improvements. He stated that generally a city is not a guarantor, that the improvements will not be defective and that inspections by the City will not guarantee that there will be no defects. The City requires development agreements and safeguards to require completion. According to engineering standards and based upon the information received from the Public Works Department, it does not appear that the City would be responsibile, noting that the plans for the project initially prepared by the developer's engineer were not adequate according to the Public Works Director. There was considerable discussion concerning the possibility of contribution by the developer. Al Mannino, 4689 Parkridge Drive, appeared on behalf of 25 homeowners, objecting to the homeowners being required to contribute to the project. He agreed that poor planning had taken place and asked for recommendation concerning the alternates from the City. Mr. Colbert recommended Alternate No. 4 but also recommended lowering of the pond under Alternate No. 3. Mr. Mannino indicated that the neighboring owners favor eliminating the erosion difficulties, that they want the flooding problem on Parkridge Drive attended to, and will bear a proportionate share based only on what the homeowners would have paid if there had been proper engineering and construction work accomplished initially. The level of the pond was indicated in the plans to be one and one- half feet lower than the existing pond level. The consensus generally was that the affected property owners be assessed equally, according to Mr.' Mannino. Another owner stated that he understood that Alternate No. 3 was not necessary because he had a great deal of run-off at the present time and he should not be required to pay any further costs towards storm sewer improvements. Another owner recommended the developer should bear all the costs and stated that there would be no value added to his lot. Councilman Smith proposed assessing two-thirds of the actual cost to the property owners with the City contributing 7 Council Minutes August 18, 1987 00353 one-third of the cost and that the City then request the developer to contribute up to two-thirds, which would reduce the homeowner's share proportionately. He further recommended the assessments be levied on a per-lot basis. Mr. Mannino requested the City approach the developer and Mayor Blomquist noted the importance of proceeding ahead because of the erosion problems. Mr. Mannino stated that on behalf of the homeowners, they would agree to the City proceeding with the preparation of plans for Alternate No. 4. It was further noted that the location of the catch basin may be in the wrong place and that the water does not flow into the catch basin. After extended discussion, Wachter moved, Egan seconded the motion to close the public hearing, to approve Alternate No. 4 and to authorize the preparation of plans and specifications with the understanding that the City will pay one-third of the cost of the improvements, that the homeowners will pay two-thirds of the costs and that the City staff will proceed to negotiate with the developer to contribute up to two-thirds of the total cost with any contribution from the developer to reduce the homeowner's share proportionately; further, that the assessments be levied on a per- lot basis. All councilmembers voted yes. WEDGEWOOD ADDITION - WILDERNESS RUN ROAD - ASSESSMENT The staff recommended and Egan moved, Wachter seconded the motion that the assessment hearing be continued for Wedgewood Addition, regarding the Lexington South Associates agreement until September 1, 1987 at 7:00 p.m. at the City Municipal Center. All voted yes. BRIAR OAKS OF APPLE VALLEY/EAGAN ROYALE - PROJECT #500 The Mayor then convened the public hearing concerning sanitary sewer improvements for Briar Oaks of Apple Valley and Eagan Royale Addition under Project #500. Tom Colbert introduced the project and Mark Hanson explained the proposed improvements including the projected costs and assessments. There were no appearances and Councilman Wachter questioned where the road alignment would lie to the north and stated it would likely be adjusted somewhat. Wachter moved, Egan seconded the motion to close the public hearing, to order in the project and authorize the preparation of plans and specifications; and further to authorize the acquisition of necessary easements by negotiation or condemnation, and also the hiring of an appraiser for condemnation purposes. All members voted affirmatively. 8 Council Minutes August 18, 1987 00354 DANIEL DRIVE - STREET IMPROVEMENTS - PROJECT #508 The next public hearing convened by Mayor Blomquist concerned the proposed street improvements for Daniel Drive (County Road #30 to Curry Trail), including utility improvements under Project #508. After explanation by Tom Colbert and review by Mark Hanson, including costs, assessments and a general review of the project, it was noted there were no appearances. There was discussion concerning the transmission tower, and it was mentioned that the distance from the tower would be about 15 feet from the closest guy anchor. The access to Diffley would be skewered somewhat to avoid the transmission tower. Egan moved, Ellison seconded the motion to close the hearing, to order in the project and authorize the preparation of the detailed plans and specifications and the acquisition of the necessary easements.- All members voted yes. PATRICK ADDITION - PROJECT #509 - STREETS & UTILITIES The next public hearing convened by the Mayor related to street and utility improvements for the proposed Patrick Addition under Eagan Project #509. Mark Parranto appeared on behalf of the applicant and Mark Hanson reviewed the proposal for the improvements located on the east side of Dodd Road. There were no objections and Ellison moved, Egan seconded the motion to close the hearing, to order in the project and authorize the preparation of detailed plans and specifications. All voted in favor, except Smith who abstained. WILDERNESS PONDS - TRUNK STORM SEWER - PROJECT #448 REVISED The final assessment roll for Wilderness Ponds trunk storm sewer under Project #448 Revised was submitted to the Council for public hearing. Tom Colbert reviewed the proposed assessments and recommended approval. There were no appearances and no objections. Egan moved, Wachter seconded the motion to close the hearing, to approve the final assessment roll for Project #448R and authorize the certification to the Dakota County Auditor. All members voted yea. DEERWOOD DRIVE - PROJECT #455 - STREETS & UTILITIES The public hearing regarding the final assessment roll for Project #455 consisting of street and utility improvements for Deerwood Drive came next to the City Council. Mr. Colbert described the assessments and reviewed the original cost and the final cost of the project. Elmer Heuer submitted a written objection covering Parcel 010-77. He was present and objected to the 25% overhead and other aspects of the assessment project. Mr. Colbert noted that the newly implemented assessment policy 87-1 would provide for reduction in the amount of the assessable area in agriculturally zoned property. 9 Council Minutes August 18, 1987 00355 Todd Franz appeared and submitted an objection on his own behalf and on behalf of his grandfather, Henry Franz. He stated that he felt the serenity had been destroyed in the area, there was no benefit to the property, and he has no intent to subdivide or sell. It was suggested that the objections be submitted to the Assessment Committee for review. Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and authorize it to be forwarded to Dakota County for collection, with the exception of the three parcels, including Elmer Heuer, Todd Franz and Henry Franz, and refer each to the Assessment Committee; further, to authorize the preparation of appraisals for each of the three parcels. All voted in favor. - TOWERVIEW ROAD - PROJECT #469 - STREETS & UTILITIES The final assessment roll for Towerview Road consisting of street improvements under Project #469 came to the City Council in the form of a public hearing. Mr. Colbert reviewed the proposed assessments and Rosemary Lunka appeared with a letter expressing concerns about the legal description of her property. Mr. Colbert stated the assessment will be levied against the proper parcel and recommended adoption of the entire roll. Egan moved, Smith seconded the motion to close the hearing, noting there were no objections, to approve the assessment roll and to authorize certification to Dakota County. All members voted affirmatively. CLEARVIEW ADDITION - PROJECT #472 - BEECHER DRIVE - STREETS The public hearing regarding the assessment roll for Project #472 consisting of street improvements for Clearview Addition- Beecher Drive was next heard by the City Council. After review of the proposed assessments by Public Works Director Colbert, noting the residential equivalent assessment was used to determine benefit and the fact that there were no objections or appearances, Wachter moved, Smith seconded the motion to close the assessment hearing, to approve the assessment roll as presented and authorize the roll to be forwarded to Dakota County for collection. All voted yes. EAGANDALE LEMAY LAKE 2ND ADDITION - PROJECT #474 ASSESSMENT HEARING The assessment roll regarding street and utility improvements under Project #474 for Eagandale LeMay Lake 2nd Addition was brought to the Council and the public hearing was convened concerning the roll. Mr. Colbert explained the roll to the City Council and the public and there were no objections or appearances. Egan moved, Wachter seconded the motion to close the public hearing, to approve the assessment roll for Project #474 and authorize the assessments to be certified to Dakota County. All voted in favor. 10 Council Minutes August 18, 1987 00135 6 HIGHVIEW AVENUE - STREET IMPROVEMENTS - PROJECT #476 ASSESSMENT HEARING The assessment roll regarding Highview Avenue street improvements under Project #476 was presented to the Council and the Mayor convened the public hearing regarding the proposed assessments. After review by the Public Works Director, there being no objections, Smith moved, Ellison seconded the motion to close the hearing, to approve the roll as presented for Project #476 and authorize the City Clerk to certify the roll to the Dakota County Auditor's office. All voted aye. _ ST. FRANCIS WOODS 1ST ADDITION - UTILITY EASEMENT VACATION Mayor Blomquist convened the public hearing regarding the vacation of a portion of a utility easement for Lot 1, Block 1, St. Francis Woods lst Addition. At the July 7, 1987 City Council meeting, the Council approved a variance to allow an encroachment into the 5 foot setback area necessitating the need for vacating an easement for Lot 1, Block 1, St. Francis Woods 1st Addition. The vacation of the easement was described by Tom Colbert, noting that the request had been made by the property owner. No objections were received. Ellison moved, Wachter seconded the motion to close the public hearing and authorize the vacation of a portion of the drainage and utility easement as described. All members voted yes. LeMAY LAKE HILLS TOWNHOMES ADDITION - UTILITY EASEMENT VACATION The next hearing convened by the Mayor concerned the vacation of utility easements for Lot 1, Block 1, LeMay Lake Hills Townhomes Addition. After the final platting of the subdivision, the developer changed the location of the buildings and related utilities and replatted it as LeMay Lake Hills Townhomes Addition as a conversion from rental to an owner-occupied development. The properly dedicated utility easements incorporate those utilities necessary to service the existing development. Mr. Colbert noted the development does not conform with City ordinance pertaining to the installation of concrete curbing. There was an ambiguity in the specifications submitted, according to Mr. Colbert and the developer has argued a defacto waiver was granted. After review of the issues, Smith moved, Egan seconded the motion to continue the public hearing based upon the above described information, to the October 6, 1987 regular City Council meeting at 7:00 p.m. All councilmembers voted in favor. 11 Council Minutes August 18, 1987 00337 WILLIAMS & LaRUE ADDITION - PROJECT #450 The public hearing regarding the assessment roll for Project #450 covering Williams & LaRue Addition was convened by Mayor Bea Blomquist. The Public Works Director reviewed the roll and Kelmer Bratland, an affected neighboring property owner, appeared. He asked if sanitary sewer was being assessed against his property and the answer was no. He questioned why his property is being assessed for storm sewer and submitted a written objection to the assessment roll. Egan moved, Wachter seconded the motion to close the public hearing, to delete the Bratland property from the roll and to authorize the hiring of an appraiser to determine benefit for the Bratland property, and further, that the portion of the roll regarding the Bratland parcel be referred to the Eagan Assessment Committee for review and recommendation. All members voted affirmatively. WYNDHAM CORPORATE CENTER ADDITION - PROJECT #464 ASSESSMENT HEARING The hearing regarding the proposed assessments for Wyndham Corporate Center Addition under City Improvement Project #464 was next brought to order. Mr. Colbert introduced the roll and recommended approval. There were no objections and Smith moved, Ellison seconded the motion to close the hearing, to approve the roll as presented and authorize its certification to Dakota County for collection. All voted yes. KNOB HILL OF EAGAN HOMEOWNER'S ASSOCIATION - PRESENTATION City Administrator Tom Hedges indicated that correspondence has been received from representatives of the Knob Hill of Eagan Homeowner's Association regarding a variety of issues pertinent to the Knob Hill townhome development located north of Diffley Road at Knob Lane and Knob Circle. A meeting was held between Mayor Blomquist and members of staff and representatives of the Association to discuss specific concerns on August 6, 1987. Since that meeting, the City staff has reviewed a list of concerns, including landscaping, parking spaces, painting and common area repairs. Certain of the items were part of approved plans at the time of the project's final plat, others are Uniform Building Code issues and others are of quality of construction, over which the City may have no control. Ed and Bart Dunn, the developers, have indicated a willingness to submit all of the issues to an appropriate outside agency for binding arbitration. 12 Council Minutes August 18, 1987 00 3558 A detailed report from Administrative Assistant Jon Hohenstein dated August 13, 1987 was included in the Council packet and aspects of it were discussed by Councilmembers. The Mayor reviewed the landscaping, indicating that additional landscaping could be required and parking could be improved. Karen Ganter, President of the Homeowner's Association, appeared and requested direction from the City Council. Mr. Colbert recommended inspection and then contact be made with the owners but it was noted that assessment of improvements if completed by the City, could not be made for private improvements. The City Attorney was asked questions concerning the assessments and improvements and it was recommended that the matter be continued for 30 days. Egan proposed to attempt to enforce compliance with the parking provisions based upon the original plan submitted to the City. Egan moved, Blomquist seconded the motion to continue the consideration until the September 15, 1987 regular City Council meeting with the understanding that the Homeowner's Association and the developer will submit to binding arbitration and if the arbitration is, not effective, that the City Council will then consider alternates concerning the complaints. All members voted positively. BOULDER RIDGE - SITE PLAN REVIEW The site plan review for Boulder Ridge Addition and revision to the preliminary plat, came next to the City Council. Mr. Hedges indicated that New Horizon Homes has taken over the project from New American Homes, which originally received the preliminary plat and Steve Benke of Griswold & Associates, appeared together with other representatives of the developer. He noted that the final drawings of the New American Homes were used but that lot lines were justified and two units were inserted in the area where the trees were originally to be removed. The proposal was for 72 units, including one additional unit more than originally planned. He described the elevations, which are more diverse, and the prices would be in the range of $80,000.00 to $90,000.00. New Horizon is pursuing the purchase of the Dolan parcel to the west and would be developed as an additional phase with comparable units. Further, he indicated that the developer was agreeable with all conditions to be imposed by the City and the location of the connecting street to the west may depend upon a proposed Dorchester access location on the west side of Thomas Lake Road. There were no objections and no variances required. Smith moved, Egan seconded the motion to approve the revised Boulder Ridge Addition site plan as proposed, subject to the following conditions: 1. All private streets and public utilities necessary to service this development shall be constructed in accordance with plans and specifications approved by the Engineering Division and in accordance with City standards, policies and codes. 13 Council Minutes August 18, 1987 : 00359 2. All surface water drainage from this development shall be intercepted and discharged directly into the existing trunk storm sewer facility. 3. A final detailed grading, drainage and erosion control plan shall be approved by the Engineering Division prior to final plat approval. 4. All required retaining walls shall be constructed in accordance with City standards and Codes. 5. All internal streets shall have a minimum width of 28 feet and a minimum cul-de-sac radius of 40 feet. - 6. No structural building shall be located closer than 25 feet to the centerline of the existing trunk sanitary sewer or storm sewer facilities. 7. This development shall acquire or dedicate all necessary utility easements, public rights-of-way and temporary slope ponding easements as required by the City or the County. 8. This development shall be responsible for the acquisition of all required regulatory agency permits in accordance with their stipulated time frames. 9. This development shall be responsible for the upgrading of trunk related assessments associated with the rezoning and any additional trunk areas, lateral benefit or front footage assessments previously not levied and/or associated with the future upgrading of County Road. 30. 10. This development shall extend a sanitary sewer lateral to the west property line for future extension and service to the undeveloped property to the west. 11. This development shall be subject to all conditions and restrictions of Dakota County regarding its proposed street access and platting adjacent to County right-of-way. 12. A ponding easement shall be dedicated incorporating the 887.0 elevation around Heine Pond. 13. The required conservation easement for the side hill on the west side of Heine Pond shall be properly conveyed and recorded simultaneously with the final plat. 14. All standard plat conditions shall be adhered to. 15. A 10 foot setback variance to 20 feet shall be granted for Unit 60. 14 Council Minutes August 18, 1987 00360 16. A copy of the homeowners association's by-laws shall be reviewed by the City Attorney. 17. The park land dedication shall be fulfilled in accordance with the PD Agreement and the Advisory Park and Recreation Commission recommendations. 18. A financial guarantee for the landscaping shall not be released until one year following the installation date. All members voted affirmatively. DEER HUNT - DNR PROPOSAL - FORT SNELLING STATE PARK At the regular City Council meeting on August 4, 1987, the Council discussed the issue of the 1987 deer hunt proposed by the Minnesota DNR in the Fort Snelling State Park and Minnesota Valley National Wild Life Refuge. Tom Hedges introduced a representative from the DNR who answered questions of the City Council regarding the restrictions, timing and the general area involved. Smith moved, Wachter seconded the motion to approve the DNR proposal for hunting season and sharp shooting to reduce the deer population in Fort Snelling State Park and Minnesota Valley National Wild Life Refuge. All voted yes except Blomquist who voted against. ROCKY ROCOCO - WINE & BEER LICENSE The application of Rocky Rococo Restaurant owners for a wine and beer license for the restaurant located at the Nicols and Cliff intersection in Flour Bin 1st Addition was first brought to the Council. The permit was previously granted on April 7, 1987 to include on-sale beer license and it was recommended that an amendment be allowed to include wine sales also. There were no objections and Egan moved, Ellison seconded the motion to approve the request. All voted in favor. COMPRI HOTEL - ON-SALE LIQUOR LICENSE The application of the developers of Compri Hotel for on-sale liquor license at its hotel on Pilot Knob Road near #494 was brought to the Council for its consideration. Jackie Johnson, the manager of the Compri Hotel was present and answered questions from the City Council members. Egan moved, Smith seconded the motion to approve the application, to be located at 2700 Pilot Knob Road, subject to compliance with all City requirements. All voted affirmatively. 15 Council Minutes August 18, 1987 00361 NORTHWESTERN BELL - SPECIAL PERMIT FOR FIBER OPTIC & PHONE SERVICE FACILITY - LONE OAK PARKWAY & NORTHWEST PARKWAY An application was submitted by Northwestern Bell Telephone Company for the installation of a facility to provide phone service and fiber optic facilities for Northwest Airlines on Lone Oak Parkway, east of Highway #49 in the Northwest Airlines complex. Dale Runkle reviewed the application and indicated the 2,150 square foot facility would be located on a 12,800 square foot lot within the Laukka Beck planned development. The exterior would match the Northwest Airlines building, according to a representative of the applicant that was present. Rick Berger of Laukka Development asked about the setback which it was noted would be-70 feet. There were no objections and Wachter moved, Egan seconded the motion to approve the application, subject to compliance with Eagan Code requirements. All voted aye. RAHN RIDGE ADDITION - WAIVER OF PLAT The application of B. H. Grace for waiver of plat for duplex lot on Lot 2, Block 4, Rahn Ridge Addition came to the Council. According to Mr. Runkle, it is a standard application and there were no objections. Smith moved, Ellison seconded the motion to approve the application. All voted yes. R87-58 HARVEY'S HERITAGE ADDITION - REZONING & PRELIMINARY PLAT The application of Mary Braun for preliminary plat approval and rezoning from A (Agricultural) to R-1 for Harvey's Heritage Addition was brought to the Council for review. The plat will consist of five single family lots, according to Mr. Runkle, along the southwest portion of Fish Lake, east of Pilot Knob Road. The Advisory Planning Commission recommended approval at its last regular meeting, subject to certain conditions. A representative of the applicant was present and there were no objections. Wachter moved, Egan seconded the motion to approve the application to rezone. All voted yes. Egan then moved, Ellison seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. The grading plan shall be modified to adhere to the maximum allowable 3 to 1 slope criteria, although retaining walls will be considered. 2. Drainage on the westerly end of the development shall be directed to Braun Court while the easterly end shall be directed to the existing system in Drexel Court. 16 Council Minutes August 18, 1987 00362 3. The development shall be responsible for providing a 25 foot half right-of-way for Braun Court along with a 50 foot radius for the proposed cul-de-sac. 4. The development shall dedicate the necessary 20 foot wide easement for the storm sewer extension from Braun Court. 5. This development shall accept its additional assessment obligations as defined in the staff's report and those assessments identified in City Project No. 487 in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 6. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 7. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 8. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 9. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 10. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 11. This development shall insure that all temporary dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 12. The plat design shall not landlock any parcels adjacent to Braun Court. 13. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 14. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 17 Council Minutes August 18, 1987 00363 15. This development shall fulfill its parks dedication requirements including the recommendations of the Advisory Parks and Recreation Commission for a cash dedication for the newly created lots and a scenic and protective easement to be placed on the property adjacent to the shoreline to protect plant material during the future construction. 16. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 17. All standard platting conditions shall be adhered to. 18. A variance to allow the existing detached garage 10 feet from the front property line shall be permitted. All councilmembers voted in favor. SEE PLAT FILE WINKLER JACKSON PD - EXTENSION An application was submitted by Winkler Development Company for an extension of its five-year planned development for Winkler Jackson PD. The APC recommended a 3 year extension. Mr. Runkle stated that there had been no planned development review in 1986 and the developer now asked for a five year extension. Greg Soule, attorney for the owner, was present and requested the Council approve the five-year extension. Egan moved, Ellison seconded the motion to grant the request for five year extension, noting that the original five years lapsed early in July with a July Planning Commission recommendation for extension, provided that the five-year extension would commence at the date of the expiration in July of 1987, and with the further understanding that updated exhibits would be submitted by the applicant as requested by the staff; and further, subject to the following: 1. The Planned Development Agreement shall be amended to reflect the reduced densities actually platted. All voted yes. OAK CLIFF POND 2ND ADDITION - PRELIMINARY PLAT The application of the Brutger Companies for preliminary plat approval consisting of 33 detached townhouses on 12.78 acres within the Winkler Jackson PD consisting of Oak Cliff Pond 2nd Addition, came to the Council for its review. The 33 owner-occupied detached townhouse units on Outlot B in Winkler Jackson Planned Development was described by Mr. Runkle. He noticed the overall density has been reduced from 135 to 75 townhouse units. A representative of Brutger Companies was present and noted that two lots would be developed at a later time. The time table would include one year for Phase One, and two years total. The values would be about 18 Council Minutes August 18, 1987 00364 $125,000.00 to $130,000.00 plus additions. There were no objections. Egan moved, Wachter seconded the motion to approve the application, subject to these conditions: 1. All standard platting conditions shall be adhered to. 2. This plat shall be reviewed by the Advisory Parks and Recreation Commission for its dedication requirements. 3. A copy of the Homeowners Association that governs both Oak Cliff Pond Additions shall be reviewed by the City Attorney prior to final plat approval. 4. All exterior building maintenance shall be the responsibility of the Homeowners Association. 5. The Building Inspections Department will require a minimum of 10 feet between buildings. 6. The exterior colors shall be compatible with the 1st Addition. 7. 25 foot minimum building setbacks along the private street will be required and 20 foot minimum in the cul-de-sac. 8. Fencing along the 50 foot buffer area on the Eagan/Burnsville border will be required during the construction process until those units closest to that line are finished. 9. The development shall be responsible for constructing the proposed internal private street system in accordance with City of Eagan design standards. Variance for a cul-de-sac will be approved as described. 10. The development shall be responsible for dedicating the appropriate water main, sanitary sewer and storm sewer easements. 11. A revised grading plan shall be submitted to staff taking into consideration the concerns outlined in the staff report concerning the northerly end of Pond AP-10 and the impact the grading has on the ponding area. 12. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 13. All public utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to final plat approval. 19 Council Minutes August 18, 1987 14. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 15. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 16. The development shall be responsible for providing storm sewer service to the northerly adjacent properties. 17. The development shall be responsible for providing utility easements (water and sanitary sewer service) in accordance with staff recommendations to adequately serve the northerly adjacent property. All voted affirmatively. SEE PLAT FILE CUTTER'S RIDGE ADDITION - REZONING & PRELIMINARY PLAT The application of Graham Development for rezoning and preliminary plat for Cutter's Ridge Addition, was brought to the Council. The application, according to Mr. Runkle provided for rezoning of 17.02 acres and preliminary plat for Cutter's Ridge Addition. The plat would consist of 37 lots, west of Pilot Knob Road and north of Deerwood Drive, and is in conformance with the 1987 Land Use Plan designating the area as D-II, Mixed Residential (0-6 units per acre). The Advisory Planning Commission recommended approval, subject to conditions. A neighborhood meeting had been held on August 12, 1987, according to Mike Gair, the planner for the applicant. An important issue was the alignment of the road and access to the north. Mr. Gair stated that three owners were present at the neighborhood meeting and had concerns also with the drainage on the Berkholtz property. The applicant assured the surrounding owners that access from Pilot Knob Road will provide for access to the Berkholtz property and the surface water drainage also will be accommodated by the development. Mr. Horne was concerned about the access to the north, and also to two remnant parcels to the west. The access to the remnant parcels would be provided by a boundary line, north/south street along the west boundary of the proposed development. The cost of the easement would be borne by Graham Development, according to Mr. Gair. Outlot B at the northeast corner could be included with the Horne property and Outlot A would be subdivided at the time of the subdivision of the parcel to the south. 20 Council Minutes August 18, 1987 001 366 Paul Weingarten, attorney for Ms. Berkholtz, was concerned about the drainage and'asked that all necessary easements be obtained for drainage. He stated that Mr. Berkholtz was negotiating the sale of the access easement toward Pilot Knob Road and also asked that all assessments be borne by the developer. Jim Horne was present and stated that he intended to develop his property to the north as R-1. He indicated that Cutter's Ridge provides for substantial grading and further, that access to Pilot Knob Road does not fit well with the Horne proposal. The intent is to line up the access road to Cutter's Ridge with Rocky Lane to the east. John Klein appeared on behalf of Floyd and Victoria Bryant, an owner of the 10 acres to the south, and indicated that there are no objections to the plat, but that they didn't want the proposed Bryant property plan to be approved by the Council at the present time. There was no further discussion, and Wachter moved, Egan seconded the motion to approve the application for rezoning. All voted yes. Egan moved, Ellison seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. The road alignment on the west shall be provided as specified along the westerly property line. 2. All standard platting conditions shall be adhered to. 3. This plat shall be subject to the Advisory Parks & Recreation Commission recommendations and approved by City Council. 4. The development shall be responsible for incorporating the'',,' future design of Pilot Knob Road into the proposed grading plan. 5. The development shall be responsible for bearing the costs of easement acquisitions necessary for trunk sewer facilities to serve this development. 6. The development shall be responsible for revising the proposed storm sewer plan in accordance with the recommendations in the staff report. 7. Installation of trunk sanitary sewer and trunk storm sewer to serve this site installed under a public improvement must be approved by Council action prior to final plat approval. 8. The development shall be responsible for providing a 12 inch water main along street "A" from Pilot Knob to street "B", along street "B" to street "C" and then south to the southerly boundary of the proposed site. 21 Council Minutes August 18, 1987 367 9. The development shall be responsible for constructing temporary cul-de-sacs at the northerly and southerly ends of street "C" and at the westerly end of street "A". 10. The lots which are directly affected by the temporary cul- de-sacs being constructed as a condition of this development shall be platted as outlots until such time when the temporary cul-de-sacs are removed and the streets are extended. 11. Staff recommends that street "B" be extended to the westerly boundary of the plat. 12. The development shall be responsible for dedicating a 60 foot half right-of-way for Pilot Knob Road and dedicating the necessary construction easements required for the upgrading of Pilot Knob Road. 13. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 14. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 15. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to final plat approval. 16. This development shall accept its additional assessment obligations as defined in the staff report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 17. Access to the Berkholtz property shall be maintained at all times. All members voted yes. SEE PLAT FILE CUTTER'S RIDGE - PROJECT #512 - UTILITIES A Petition was received for the installation of utilities in the Cutter's Ridge Addition. Upon motion by Egan, seconded Wachter, it was resolved that the Petition be received and that the consulting engineer be authorized to prepare a feasibility report. All voted in favor. 22 Council Minutes August 18, 1987 ( ( -t4l68 STONEY POINT ADDITION - REZONING & PRELIMINARY PLAT The application of Meritor Development Company to rezone 31.4 acres from A (Agricultural) to R-1 (Single Family) and preliminary plat for Stoney Point Addition, containing 78 lots located east of Blackhawk Glen Addition and west of I-35E. The plan designates the area as Residential D-II (0-6 units per acre). The proposal is for 78 lots, according to Mr. Runkle, from 9,375 square feet to 49,300 square feet, averaging 13,900 square feet. 42 lots would be under the 85 foot minimum width and 40 lots under the 12,000 square foot minimum, with 19 lots under 85 foot width and 12,000 square feet. The Advisory Planning Commission recommended approval, subject to conditions and the Parks Commission recommended cash dedication and a trailway to be constructed by the developer. Larry Frank of Meritor was present and stated this parcel is not a part of Blackhawk PUD. Meritor intends to reduce the density based upon the allowed density. He noted that the property is below the freeway level, with one builder proposed, including cedar sided homes. He explained that there are apartments to the north, freeway to the east and there were no objections by neighboring property owners. The price range would be $80,000.00 to $100,000.00 per unit and very expensive assessments have already been levied against this property. Councilman Egan suggested considering minimum of 10,000 square foot lots noting approximately 5 are proposed under 10,000 square feet. Sienna Corporation recommended approval, being the owner of the adjacent land. Ellison moved, Wachter seconded the motion to approve the rezoning from Agricultural to Single Family. All members voted in favor. Egan then moved, Smith seconded the motion to approve the application for preliminary plat, with the following conditions: 1. 78 lots will be allowed with the understanding that each contain a minimum of 10,000 square feet in size. 2. All standard platting conditions shall be adhered to. 3. No direct lot access onto Blackhawk Hills Road/Federal Drive shall be permitted. 4. One street tree per unit shall be installed within the front property line prior to building occupancy. A list of permitted species shall be submitted for staff approval prior to final plat approval. 23 Council Minutes August 18, 1987 ~p 9 5. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of the final plat approval. 6. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 7. This development shall dedicate adequate drainage and ponding easements to incorporate the high water line for Pond JP-5 in accordance with the City of Eagan Comprehensive Storm Water Plan. 8. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to final plat approval. 9. This development shall be responsible for relocation of the existing sanitary sewer line which runs basically through the middle of the site to accommodate the proposed roadway and lot configuration. 10. All internal public and private streets shall be constructed within the required right-of-way with City design standards. 11. This development shall be responsible for providing adequate easements for the storm sewer outlets into Pond JP-5 and the realignment of the existing sanitary sewer. 12. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the,. affected agency. 13. The development shall be responsible for construction of a temporary cul-de-sac in the northwesterly corner of the site, or construct a complete through-street. 14. The development shall be responsible for constructing the required outlet for Pond JP-5 as a condition of this development. 15. The development shall be responsible for extending the 30 foot trunk water main which exists at the northwesterly corner of this site along the north line of the development to a point where the northerly street intersects the north line of the development. 16. This development shall be responsible for extension of the water main in Federal Drive serving the northeasterly cul-de-sac to the north line of this development. 24 Council Minutes 003,70 August 18, 1987 17. This development shall be responsible for removing the existing 44 foot wide street opening at the northeasterly corner of the site. 18. The development shall be responsible for extending the existing sidewalk located on the east side of Federal Drive at the north line along this development's east and south sides abutting Federal Drive and Blackhawk Hills Road. 19. This plat shall be subject to the recommendations of the Advisory Parks and Recreation Commission and approved by City Council. 20. No setback variances will be allowed except to save trees along the westerly side of the proposal. All councilmembers voted yes except Ellison who voted against. SEE PLAT FILE BBD 2ND ADDITION - PRELIMINARY PLAT, CODE AMENDMENT AND CONDITIONAL USE PERMIT The application of William Henning for preliminary plat consisting of two lots for Neighborhood Business Use and Code amendment to allow a day care facility in an N.B. District, and a conditional use permit for a car wash in the BBD Addition at the northeast intersection of Coachman Road and Yankee Doodle Road was brought to the Council for its attention. The Advisory Planning Commission held its public hearing on July 28, 1987 and recommended denial of the application. Mr. Hedges opened the discussion and Dale Runkle explained the application in some detail. He noted the two buildings being proposed and stated that a car wash application had been denied across Coachman Road. Irv Kilstofte, the architect, described the application, including the landscaping to separate the day care facility, Especially For Children, which will locate in the building and in addition, an office building will be adjacent. A service road will be provided along Coachman Road. He introduced Linda Hergott, the leasing agent, who stated that all facilities have one color, common management and maintenance. Councilman Egan noted that a number of proposals have been submitted through the years for the property, and that the car wash is in a better location than the application previously denied, on the west side of Coachman Road. A rock face block exterior will be provided on all buildings which will create uniformity and a full-time attendant will be provided for the self- car wash, together with the lubrication shop. Ron Steinmetz, the owner of the Speedy Lube and Exhaust, was present and favored the proposal. 25 Council Minutes August 18, 1987 00371 Councilman Ellison stated that the project makes sense with the other car care services and with the buffer provided. Ellison moved, Egan seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. Both buildings shall be constructed of the same material, on all four sides, as the existing building. 3. No rooftop mechanical equipment shall be visible. 4. Employee parking shall be designated on the east side of the office building. 5. The parking stalls on the south side of the building shall line up with each other. 6. All signage shall be subject to the one-time sign fee of $2.50 per square foot and signage over 7 feet tall will be subject to separate conditional use permits. 7. The landscape plan financial guarantee shall not be released until one year after the installation date. 8. The car wash shall operate between the hours of 7:00 a.m. to 10:30 p.m. only. 9. All trash shall be contained within the buildings. 10. The storm sewer as proposed will be revised to reflect the addition of two catch basins as outlined in the staff report. 11. An erosion and sediment control plan acceptable to staff shall be required prior to building permit or grading permit issuance. 12. The proposed sanitary sewer service taps into the existing sanitary manhole shall not be allowed. New connections directly into the sanitary sewer main will be required. 13. The development shall be responsible for extending an 8 inch water main along the westerly side of Lot 1 then easterly along the common lot lines between Lot 1 and Lot 2 to the easterly property line of the proposed development. 14. The proposed access to Lots 1 and 2 of the proposed development shall be lined up with the westerly adjacent private drive. 15. The development shall be responsible for constructing concrete valley gutters across the two driveway entrance locations. 26 Council Minutes August 18, 1987 16. The development shall be responsible for providing a 20 foot easement for the proposed 8 inch water main extension across the site. 17. The development shall also be responsible for providing additional easement for the existing sanitary sewer along the easterly side of Coachman Road. The width of the required sani- tary sewer easement will be determined from the actual location of the sanitary sewer. 18. The development shall be responsible for the acquisition of all regulatory agency permits in a time frame required by the affected agency. 19. The development shall accept its additional assessment obligations as defined in the staff report in accordance with final plat dimensions and rates in effect at the time of final plat approval. 20. The development shall dedicate a 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 21. All utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to final plat approval. 22. This plat shall be subject to the recommendations of the Advisory Parks and Recreation Commission and approved by the City Council. All councilmembers voted yes. Egan moved, Ellison seconded the motion to approve the application for a car wash, noting that the two other related auto service facilities in the development ends of the location are away from the main travelled road. All members voted in favor. Egan then moved, Ellison seconded the motion to approve the application for conditional use permit for the day care, subject to compliance with all City requirements. All voted in favor. SEE PLAT FILE 27.1 Council Minutes August 18, 1987 MANOR LAKE ADDITION - REZONING & PRELIMINARY PLAT The application of Middlemist Properties for rezoning of 43.12 acres from A (Agricultural) to R-1 and preliminary plat approval for Manor Lake Addition consisting of 64 single family lots, came to the City Council. The Advisory Planning Commission at its meeting on June 23, 1987 recommended approval, subject to a number of conditions. The City Council considered the application at its July 21, 1987 meeting and continued the consideration until the Advisory Parks and Recreation consideration. The Parks Commission reviewed the issue at its August 6, 1987 meeting and recommended the develop~ar provide park land dedication of approximately 2.6 acres at the time of the final plat, that a trailway be provided and additional conditions outlined in the Park Department's staff report. Roger Weierke of 630 Cliff Road appeared and inquired about the 16 foot access and Mr. Middlemist stated that he owned the 16 feet outright and that it was not an easement. Mr. Weierke had concerns about the potential damage caused to his property by installing the utility lines on the 16 foot parcel. Mr. Middlemist requested the Council approve the single lot on the west for construction and indicated the sewer and water will be installed within the 16 foot strip. Mardell Peterson, the fee owner, was present and requested approval. 72 lots will be provided. Egan moved, Ellison seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. The Advisory Parks and Recreation Commission shall review this plat for the land dedication requirements. 27.2 Council Minutes August 18, 1987 003 ; 3 3. The Council shall authorize the installation of the trunk sanitary sewer, trunk water main, and trunk storm sewer facilities through this development prior to final plat approval. This development shall be required to dedicate the required drainage and ponding easements for Pond LP-28 to incorporate the 916.0 elevation. 4. The development shall dedicate the additional drainage and utility easements as required by the alignment and depth of any public utility located outside of public right-of-way. 5. This development shall be responsible for all pending and future assessments associated with the development of this subdivision relating to trunk area water, trunk area storm sewer, and future Cliff Road Street and trail improvements. 6. The proposed Lot 17, Block 5, and the two lots in the most southwesterly portion shall remain as Outlots. 7. The developer shall save as many trees as possible. 8. Developer shall provide a parkland dedication of approximately 2.6 acres at the final plat. 9. Final dedication of approximately an additional .5 acres (Outlot B) would be made with the 4th Phase, upon determination of the access to the Holtz parcel from the west, or the extension of the street through the park to a proposed cul-de-sac. 10. A future parkland dedication shall be made subject to the developer platting the Holtz parcel. 11. Erosion control measures shall be strictly adhered to. 12. A trailway on Cliff Road shall be provided. 13. The developer shall be responsible for grading and seeding the park consistent with the City's standards within the 1st Phase of development. 14. The road alignment shall be modified to the east of the park, resulting in an increase acreage to the park parcel. All councilmembers voted yes. A Petition was submitted for a feasibility report for Project #520 consisting of Manor Lake Addition improvements. Egan moved, %i Blomquist seconded the motion to receive the Petition and authorize ~•73 the preparation of the feasibility report. All voted in favor with respect to Project #520. t QA SEE PLAT FILE 7~• V_1 28 Council Minutes August 18, 1987 00374 CEDAR GROVE 4TH ADDITION - JACQUELINE INGLE - VARIANCE The application of Jacqueline Ingle to allow a 6 foot front yard setback variance, providing for a 24 foot setback to allow a front porch along the property line at 2082 Quartz Lane, consisting of Lot 23, Block 5, Cedar Grove 4th Addition, was submitted to the Council. The applicant was present and there were no objections. Wachter moved, Smith seconded the motion to approve the application as requested. All voted in favor. SAFARI 3RD ADDITION - VARIANCE The application of McDonnell Construction for variance to allow a 5 foot side yard setback to include a 25 foot setback for side property line on the corner lot at 1985 Safari Trail, consisting of Lot 2, Block 1, Safari 3rd Addition was. next considered by the Council. The applicant was present and Mr. Runkle detailed the application. It was noted there is a 20 foot side yard easement along the east line, therefore creating a hardship. There were no objections, and Smith moved, Egan seconded the motion to approve the application, subject to compliance with all City requirements. All voted positively. TOWN CENTRE 100 1ST ADDITION - TEMPORARY ADVERTISING SIGN SPECIAL PERMIT An application of Federal Land Company to allow an on-site temporary advertising sign in front of the Waterview Office Tower on Lot 1, Block 1, Town Centre 100 Addition came to the Council. As an on-site sign, the request is not required to meet the recently amended standards for off-site temporary sign. The sign would be 8 feet in width and 17 feet in height along Yankee Doodle Road. Matt . Reiger of Federal Land Company was present and stated that the majority of the building is now leased so they expect three to six month duration for the sign. Smith moved, Egan seconded the motion to approve the application up to July 1, 1988. All voted in favor. TOM THUMB VS. CITY OF EAGAN City Attorney Paul Hauge stated that a motion has been made by Tom Thumb to amend the Findings and the Conclusions of District Court Judge Gerald Kalina to direct the City Council to allow the permits for gas pumps at the Yankee Square and Cedar Cliff shopping centers. A counter-motion is being made by the City. Dale Runkle indicated that requests had been made by other developers in the area for gas pumps without service bays. No specific action was taken. 29 Council Minutes August 18, 1987 00375 SENECA WASTE TREATMENT PLANT Tom Colbert reported that the Metropolitan Waste Control Commission is proposing to expand the Seneca Waste Treatment Plant on the north side of Eagan with a $32,000,000.00 expansion to commence within two years. The project would increase the treatment from 24 million to 34 million gallons per day and 17 acres would be added southwest of the site. The maximum capacity would be reached in approximately 1992 to 1993. RALPH CAMPBELL - JOINT CABLE COMMISSIONER - RESIGNATION Tom Hedges reported that he has just received a letter of resignation from Ralph Campbell, the Commissioner for the Joint Burnsville/Eagan Cable Commission, on August 18, 1987, effective in two weeks.- No action was taken. GOOD VALUE HOMES VS. CITY OF EAGAN Paul Hauge, City Attorney, reported on the decision of the Minnesota Appeals Court denying the appeal of the City in the Good Value Homes vs. City of Eagan case. He indicated that the appeal time is currently running and asked whether the City Council wished to petition the Supreme Court for review, or to allow the applicant to appear before the City Council for approval of the plat, as directed by the Appellate Court. The Council members requested that the Planning Department submit its report to the City Council at its next regular meeting for consideration, including the recommended conditions to the plat. CHECKLIST Upon motion by Egan, seconded Wachter, it was resolved that the Checklist dated g et 1 g0 1 987 in the amount of $ftgg 47 be approved. All voted in favor. & July 31,1987 in the amount of $693,725.68. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40 p.m. All members voted yes. PHH erk c1t 30