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06/16/1987 - City Council Regular 00241, MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 16, 1987 A regular meeting of the Eagan City Council was held on Tuesday, June 16, 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 Mark Hanson and Bob Rosene, and City Attorney Paul Hauge were present. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as presented. All voted yes. MINUTES June 2, 1987 - Regular Council Meeting. Ellison moved, Wachter seconded the motion to approve the minutes as distributed. All voted yea. May 27, 1987 - Special Council Meeting. Smith moved, Ellison seconded the motion to approve the minutes as presented. All voted in favor. May 28, 1987 - Special Meeting Minutes. Wachter moved, Egan seconded the motion to approve the minutes. All voted N. affirmatively. ANNUAL FINANCIAL REPORT City Administrator Tom Hedges introduced Director of Finance Gene VanOverbeke who indicated that copies of the 1986 City of Eagan Annual Financial Report had been distributed to City Council members and a copy is available at the Dakota County Library as well as the Eagan City Hall. Mr. VanOverbeke in turn introduced John Lilja of Deloitte, Haskins & Sells, the City Auditors, who made a brief presentation and thanked the finance staff for its assistance and preparation of the report. Egan moved, Wachter seconded the motion to accept and approve the 1986 Annual Financial Report as presented. All councilmembers voted yes. 1 Council Minutes June 16, 1987 0,242 VOLUNTEER FIRE DEPARTMENT 1. Fire Inspectors. The City staff recommended that two part- time fire inspectors be authorized by the City Council because of the increase that is required in fire inspection services. Fire Chief Southorn, Chief Building Inspector Doug Reid and Assistant Fire Chief Dick Schindeldecker were present and Mr. Reid recommended additional part-time persons for specific inspections, including after-business hour inspections. After review, Wachter moved, Egan seconded the motion to approve the authorization of two part-time fire inspectors for the remainder of 1987. All voted yes. 2. Woodridge Apartment Complex Fire. Fire Chief Southorn reported on the Woodridge Apartment complex fire at 3255 Coachman Road that took place on Sunday, June 14, 1987-. He noted that the fire had spread from the second and third floors after the alarm sounded, around 6:00 p.m. and up to 50 or 60 apartments were damaged. No residents were injured and mutual fire aid assistance was given by volunteer fire departments for Inver Grove Heights, Mendota Heights, Burnsville, Bloomington, Apple Valley, Rosemount and later from Richfield and Lakeville. There were 25 major firefighting apparatus on the site with about 175 firefighters. 15 Eagan firefighters were transferred to the hospital and 3 from Inver Grove Heights, all being released. There were six ambulance services and police patrolmen from several surrounding units, including Eagan. It was the consensus of the State Fire Marshall's office, Volunteer Fire Department and Eagan Police Department, that the fire was started by spontaneous combustion from a container of charcoal stored on a 2nd floor balcony and not from an active charcoal grill. Mayor Blomquist noted that questions had arisen whether an Ordinance should be adopted controlling barbecue grills and flammable substances on apartment balconies. Councilman Egan warned of enforcement concerns and it was suggested the League of Cities be contacted. Councilman Smith had concerns about possible defective fire walls and Mr. Reid stated that the building code requirements will be reviewed in that respect. The Mayor thanked the Volunteer Fire Department, Police Department and the other departments that aided in fighting the fire. Mayor Blomquist then moved to direct the staff to work with the League of Minnesota Cities and State Legislators to consider appropriate legislation, ordinances and revisions to the Uniform Building Code regarding flammable substances, including charcoal burners in apartment complexes and also to review the fire wall requirements in apartment buildings. Egan seconded the motion with an update to be presented at the next regular meeting. All members voted in favor. 2 Council Minutes June 16, 1987 00243 BRUTGER COMPANY Representative Wally Johnson of Brutger Company was present on behalf of the owner/developer of the Woodridge Apartment complex and thanked the Volunteer Fire Department and Eagan Police Department members and all others that participated in assisting during and after the fire disaster. He noted that the developer intends to rebuild and reopen within about two to two and one-half months. Councilman Wachter recommended that fire alarms be installed outside of the apartment buildings to reduce potential hazards. PARK CLIFF 2ND ADDITION - PROJECT #506 Public Works Director Tom Colbert presented a feasibility report for Project #506 consisting of proposed storm sewer improvements in Park Cliff 2nd Addition in order to alleviate a back yard drainage and erosion problem that had been presented by affected owners. He noted that the cost estimate is $17,000.00 to extend the storm sewer through the ravine area and that the estimated cost for partial storm sewer and boulders in the balance of the ravine area on a modified basis, would be $13,000.00. 46 lots are potentially affected in the drainage area, which would provide for a $372.00 assessment per lot for the complete storm sewer project and $281.00 for the modified system. Councilmembers suggested-that assessments be levied on a per lot basis and that the entire project be installed. Several residents were present with questions. Egan moved, Wachter seconded the motion that the staff be directed to include the above proposals in the report and to accept the feasibility report including those provisions with a public hearing to be scheduled on July 21, 1987 at 7:00 p.m. at the Eagan Municipal Center. All members voted yea. EAGAN OUTSIDE WATER SPRINKLING BAN Mr. Colbert reviewed the current status of the outside sprinkling ban in the City and noted that on June 5, 1987 an evaluation of the amount of storage in the Eagan water reservoirs took place with a total sprinkling ban for the following weekend and alternate days thereafter through July 15, was proposed at that time. On Sunday, June 14, 1987 there was a temporary power shortage causing two pumps to shut off, and later the fire on June 14 created additional water shortages. A total emergency outdoor sprinkling ban was declared on the evening of June 16, 1987 and all media were contacted. In addition, staff covered the entire City to warn violators and issue citations. There were questions from the audience concerning the water ban, and no official action was taken. 3 Council Minutes June 16, 1987 '0C 244 At about 10:00 p.m., Mr. Colbert announced that the recent report indicated that the reservoirs are now refilling satisfactorily and he announced that owners would be permitted to sprinkle new sod areas within the City. CONSENT AGENDA The following consent agenda items were submitted and it was recommended that they be approved: 1. Personnel Items. a. Assistant Chief Building Official. It was recommended that Steve Hanson be hired as the Assistant Chief Building official. b. Construction Analyst. There was a recommendation that the council authorize the advertisement for a new Construction Analyst with Steve Hanson being hired as the Assistant Chief Building Official. c. Recreation Program Aid. It was recommended the Council acknowledge that Mary McKelvey will not become a recreation program aid for the Summer and that Marc Osofski be hired as a recreation program aid for the 1987 summer recreation season. d. Landscape Architect Intern. It was recommended that an intern be hired for the Park Department but the person recommended for hire did not accept the position and interviews will continue to be held with approval at a future Council meeting. 2. 1987 Service Station Permit Renewals. Staff recommended that the service station permit renewal applications submitted with the agenda of June 16, 1987 be approved and that the licenses be issued. 3. 1987 Amusement Device Renewals. A schedule of 1987 amusement device renewal applications was submitted to the City Council in its packet material and the staff recommended that the applications be approved subject to compliance with City Ordinances. 4. Country Hollow - Project #505. It was recommended the feasibility report for Project #505 consisting of trunk utility improvements in Country Hollow Addition be received and that the Council schedule a public hearing to be held at the Municipal Center at 7:00 p.m. on July 21, 1987. 5. Dallas Development 2nd Addition - Kennebec Drive - Project #495. The feasibility report for Project #495 was presented and the staff recommended that the report be received by the Council covering the Dallas Development 2nd Addition, Kennebec Drive street and utility improvements and that a public hearing be scheduled for July 21, 1987 at 7:00 p.m. at the Eagan City Hall. 4 Council Minutes June 16, 1987 002,45 6. Snow Plow Equipment Vehicles No. 113 and 124. The staff recommended to the City Council that it receive the bids and award the contract for snow plow equipment installation on vehicles #113 and #124 to Midland Equipment Company in the amount of $21,647.00 and $23,647.00 respectively, being the low bids for that equipment. 7. Blackhawk Glen 2nd Addition - Final Plat. The application was submitted for the final plat approval of Blackhawk Glen 2nd Addition and it was recommended that the application be approved and that the Mayor and City Clerk be authorized to execute the appropriate final plat documents. R87-38 8. Patrick Addition - Project #509. The Petition had been received for feasibility report for Project #509 consisting of street and utility improvements for Patrick Addition and it was recommended that the Petition be received and to authorize the preparation of the feasibility report by the consulting engineering firm. 9. Proposed Pine Ridge Addition - Street Vacation. A petition had been received to vacate the excess right-of-way along the south side of Crestridge Lane and east of Kolstad Lane in proposed Pine Ridge Addition. It was recommended the Petition be received and that a public hearing be scheduled for July 21, 1987 at 7:00 p.m. at the Municipal Center. Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items. All voted in favor except Wachter who voted against the 1987 Amusement Device renewals. WOODGATE LANE - PROJECT #490 - STREET LIGHT - PUBLIC HEARING N Mayor Blomquist convened the public hearing regarding Project #490 consisting of street lights in Woodgate Lane. There were no objections to the proposed project and Mr. Colbert explained the project to the City Council. Wachter moved to close the public hearing and approve Project #490 with the understanding that all affected owners have signed a Petition, noting that there were no appearances at the hearing. All members voted yea. TOWN CENTRE DRIVE - STREET NAME CHANGE Mayor Blomquist next convened the continued public hearing regarding the proposed name change of Town Centre Drive. At the May 19, 1987 City Council meeting, the Council considered changing the street name for the two portions of Town Centre Drive that intersect with Yankee Doodle Road. Letters to affected property owners on both the north and south sides of Yankee Doodle Road were sent and 5 Council Minutes ~Z~6 June 16, 1987 responses were received from Federal Land Company, which recommended the names Yankee Place and O'Leary Lane and a response on behalf of Robert O'Neil was-also received. Mr. Colbert reviewed the proposed names and Charles Bartholdi, on behalf of Federal Land Company, appeared and reported the recommendations of Federal Land Company. After discussion, Smith moved, Egan seconded the motion to close the hearing and to approve Yankee Place for the westerly leg and O'Leary Lane for the easterly leg. All voted in favor. EAGANDALE CENTER INDUSTRIAL PARK 8TH ADDITION - PROJECT #501 The public hearing regarding installation of water main along the west service road under Project #501 within the Eagandale Center Industrial Park 8th Addition was convened by the Mayor. Mr. Colbert and Consulting Engineer Mark Hanson reviewed the project briefly and there were no appearances or objections. Smith moved to close the hearing and to approve the installation of Project #501, including the preparation of necessary plans and specifications. All members voted in favor. WINDTREE 8TH ADDITION - PROJECT #503 The next hearing convened by the Mayor consisted of the street and utility improvements under Project #503 within Windtree 8th Addition. After review of the reports submitted to the City Council, there being no objections, Egan moved, Ellison seconded the motion to close the hearing, to order in the project and authorize the consulting engineer Bonestroo, Rosene and Anderlik, to prepare the plans and specifications for the project. All members voted affirmatively. COUNTRY CLUB MARKET - PROJECT #449R Mayor Blomquist next convened the Public hearing regarding Project #449 revised, consisting of driveway improvements and storm sewer improvements in the Country Club, Rax Roast Beef and Cedarvale Bowling Lanes area, south of Highway #13. Mr. Colbert and Mr. Hanson reviewed the feasibility report and also discussed the history of the project, noting that a public hearing had been held approximately two years earlier, at which time the Country Club Market representative indicated that work would be accomplished by Country Club to revise its parking pattern and also to improve the landscaping and aesthetic appearance on the north side of Country Club Market. In addition, the Council directed further study be made of the project. 6 Council Minutes QO2?~~r June 16, 1987 The request from the Rax Roast Beef attorney that the Council release all interest in the private street running southerly to Beau D' Rue Drive was discussed, and the Council recommended against releasing such interest. Mr. Colbert stated that the road had recently been blocked with posts installed within the roadway. A representative of Country Club Market was present and stated that all three sets of barricades had been installed and that further, there was no benefit to Country Club. It was noted, however, that Country Club would not be assessed for driveway improvements but only for the landscaping and curbing. A representative of Rax Roast Beef was present and had no objections to the project.. No representative was present on behalf of DCR Company, the owner of the Cedarvale Bowling Lanes. Councilmembers were concerned about the 'visual impact and also the drainage in the general area. Further, they noted that Country Club representatives had promised to improve the landscaping but nothing had been done, after having been requested to do so on several occasions. Country Club representatives opposed the project and Councilmembers suggested that additional construction take place to assure that trucks would not jump the curbs. After considerable discussion, Smith moved, Wachter seconded the motion to close the hearing, to order in the project, including the additional construction, including higher than normal curbs, because of the tractor/trailer trucks on the north side of the Country Club Market, with the understanding that the City staff will determine whether the road easement would allow the City to remove the barriers in the event that the owner refuses to do so, and further, to determine whether a public easement has been acquired over the north/south street. All councilmembers voted in favor. PONDVIEW ADDITION - GENERAL BUSINESS USES City Administrator Tom Hedges explained to the City Council members that Wayne Tauer, President of Pioneer Engineering, forwarded a letter to the City requesting additional consideration by the Council in respect to the proposed Class II restaurant in Pondview Addition. The letter from Mr. Hedges reflecting the June 2, 1987 City Council action that a Class II restaurant facility was not approved an actual use was discussed. However, the City Council did state that it would entertain a review application for a Class II restaurant. Any consideration of Class II restaurant application would be based on the fact that a Class I restaurant facility would not be available for the site. 7 Council Minutes June 16, 1987 00248 Councilmembers expressed agreement with Mr. Hedges's description of the council's action and Mr. Tauer was present, together with other representatives of the developers, recommending that the Council authorize a Class II restaurant in that location. Mr. Hedges stated that the Council scrutinized the uses very carefully and he further mentioned that it may be possible to amend the planned development to accommodate the Fairview project to proceed independently, if the balance of the project does not proceed at the present time. A representative of Fairview Ridges was present and strongly encouraged the council to allow it to proceed as quickly as possible. Councilmembers indicated they would cooperate with Fairview Ridges in expediting the project. Mr. Tauer further noted that there would be no request for a theater on the Pondview site. No formal action was taken. ORGANIZED COLLECTION STUDY CONSULTANT A recommendation was made by the Eagan Solid Waste Abatement Commission, to hire a consultant to perform an organized collection study for the City. Two proposals were received, according to Mr. Hedges, including Pope-Reid Associates, Inc., Environmental Engineering, and Malcolm Pirnie, Environmental Engineers, Scientists and Planners. The proposal of Malcolm Pirnie was $25,000.00 and from Pope-Reid was $10,820.00, with a revision of the Malcolm Pirnie to $15,000.00. John Hohenstein was present and stated that only four firms could be identified for the study. Ellison moved, Egan seconded the motion to approve the consulting firm of Pope-Reid for preparation of the organized collection study to cost $10,820.00. All councilmembers voted affirmatively. MARCH 17, 1987 - CITY COUNCIL MINUTES A request from Sienna Corporation through David Sellergren, regarding Boulder Ridge Addition, that the Council minutes of March 17, 1987 be amended to provide that direct access to the land west of Boulder Ridge Addition be provided, rather than requiring a combined plat with the Dolan parcel. Upon motion by Smith, seconded Wachter, it was resolved that the recommendation for amendment to the minutes be approved as requested. All voted yes. SUNCLIFF 3RD ADDITION - WAIVER OF PLAT An application of Advance Developers, Inc. for waiver of plat for Lots 2 and 3, Block 1, Suncliff 3rd Addition was presented. There were no objections and Ellison moved, Wachter seconded the motion, after description by Mr. Runkle, that the waiver of plat application be approved, subject to compliance with all City ordinance requirements. All voted yes. R87-39 8 Council Minutes June 16, 1987 0624.9 CEDAR GROVE NO. 2 - VARIANCE - MARK FREDRICKSON An application of Mark and Carla Fredrickson for variance for additional lot coverage of 2% for Lot 5, Block 3, Cedar Grove No. 2 came to the council. There were no appearances and objections, and motion was made by Smith, seconded Egan, to continue the application until the next special meeting of the City Council on June 18, 1987. All members voted yes. CINNAMON RIDGE 3RD ADDITION - PETER JACOBSEN - VARIANCE An application of Peter and Linda Jacobsen for variance for 14.5 foot setback along the public street, a 4.8 foot setback variance along a private street and a 3.0 foot rear yard variance was brought to the Council for its consideration. Dale Runkle detailed the application, noting the 5-sided lot and the purpose being to allow the owner the opportunity to situate the proposed home on the lot. Peter and Linda Jacobsen were present and described the hardship concerning construction on the lot. Several neighboring property owners were also present, together with a petitions submitted by them, supporting the variance, indicating that it was important to get the lot built upon, and that it was a very unique oddly shaped lot. Egan moved, Wachter seconded the motion to approve the application, noting then 5-sided lot and although the Cinnamon Ridge 3rd Addition developer had indicated there would be no variances, the hardship circumstances would appear to warrant such variance. All members voted in favor. GAMBLING ORDINANCE - AMENDMENT The City Administrator presented an amendment to the gambling ordinance, City Code Chapter 6, Conditions for Pull Tabs, drafted by the City Attorney's office. The recommendation of the council had been to eliminate the requirement that primarily Eagan non-profit organizations be allowed to acquire licenses and certain other changes. There was discussion concerning the requirement that 15 active members and at least 15 of its members would be either employed or live in the City, but decided to retain that language. Egan moved, Smith seconded the motion to authorize the amendment to the ordinance as submitted. All voted yes, except Ellison who voted no. 9 Council Minutes 00.250 June 16, 1987 OAK CLIFF POND ADDITION - PRELIMINARY PLAT The application of Brutger 'Companies for preliminary plat approval for approximately 9 acres within the Winkler-Jackson Planned Development for townhouse development was submitted. The Advisory Planning Commission recommended approval at its meeting on May 26, 1987. The plat would provide for 42 owner-occupied detached townhouses on the easterly 9 acres of Oak Cliff Addition. The Planning Commission recommended approval with the condition to amend the Winkler-Jackson PD by adding a 50 foot buffer street along the Eagan-Burnsville border in Outlot B. Dale Runkle introduced the application and stated that the developer has agreed with the 50 foot buffer. There were no objections and Smith moved, Wachter seconded the motion to approve the application, subject to the following 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 recommendations and dedication requirements. 3. A copy of the Homeowners Association shall be reviewed by the City Attorney prior to final plat approval. 4. A 30 foot "sideyard" and "rear yard" setback shall be allowed along Slaters Road. 30 foot setbacks will be required for the units abutting the R-2 district to the south. 5. All exterior building maintenance shall be the responsibility of the Homeowners Association. 6. The Building Inspections Department is recommending a minimum of 10 feet between buildings. 7. The exterior colors shall be compatible. 8. The proposed development shall be responsible for the construction of a 20 foot wide bituminous access to the existing lift station site. 9. The development shall be responsible for constructing the proposed internal private street with bituminous surfacing and concrete curb and gutter. 10. The minimum proposed north south through-street shall be constructed to a 30 foot width back of curb to back of curb and the centrally located cul-de-sac street shall be a minimum of 28 feet wide back of curb to back of curb with a 45 foot minimum radius on the cul-de-sac. 10 Council Minutes June 16, 1987 00251 11. Outlot D of the proposed plat shall be dedicated as a utility easement. 12. The development shall be responsible for dedicating the appropriate storm sewer easements. 13. A revised grading plan shall be submitted to staff showing a minimal impact on the topography along the south side of the proposed development. 14. This development shall be responsible for constructing the storm sewer outlet from Outlot B to Pond AP-10. The proposed outlot shall be sized to handle runoff from the east side of Slaters Road. 15. The proposed sanitary sewer shall be revised to accommodate the walk out pad elevations of the homes along the westerly side of the proposed north south through street. 16. The development shall be responsible for submitting a revised hydrant layout plan. 17. The development shall be responsible for constructing concrete and valley gutters at the two entrance locations to the site. 18. The development shall be responsible for obtaining the appropriate regulatory agency permits required. 19. An erosion and sediment control plan including both a site map and a narrative, shall be submitted and approved by staff prior to grading permit issuance and the final plat approval. 20. The development shall be responsible for the proposed assessments based on the rates in effect at the time of final plat ~ approval. 21. That the developer shall coordinate the northerly access on Slater's Road with the access of the proposed development east of Slater's Road. All councilmembers voted in favor. SEE PLAT FILE HILLS OF STONE BRIDGE 2ND ADDITION - REZONING & PRELIMINARY PLAT An application of United Mortgage Corporation for rezoning of approximately 18.44 acres from A (Agricultural) to Planned Development R-1 and preliminary plat consisting of 42 lots, was brought to the Council. Dale Runkle introduced the application and noted that a change in name had been requested from Stone Bridge 2nd Addition to Hills of Stone Bridge 2nd Addition. 11 Council Minutes June 16, 1987 00252 The APC recommended approval, subject to conditions at its meeting on May 26, 1987. He noted further that the replat included the Johnson property consisting of 0.8 acres. There were no objections to the application covering land abutting Dodd Road to the east and that the plat is consistent with the overall planned development for the area. Smith moved, Wachter seconded the motion to approve the application for rezoning from A (Agricultural) to R-1 Planned Development. All voted yes. Wachter moved, Ellison seconded the motion to approve the application for preliminary plat, noting that it was consistent with the adjoining 1st Addition, subject to the following: 1. All standard platting conditions shall be adhered to. 2. Lots 28 & 29, Block 1, shall have their driveways connecting to the cul-de-sac. 3. Sideyard setbacks to 30 feet shall be allowed on Lots 18 and 19, Block 1. 4. Detailed grading/drainage/erosion and sediment control plans shall be submitted and approved prior to final plat approval. 5. Adequate drainage and ponding easements shall be dedicated for Pond JP-55 to accommodate 4.9 acre feet of volume. 6. A 50 foot half right-of-way shall be dedicated for Dodd Road along with a temporary slope easement to accommodate the future upgrading of Dodd Road. Also, it shall dedicate sufficient right- of-way for Elrene Road to ensure an 80 foot right-of-way width. 7. This development shall accept its prorata per acre share of all easement acquisition beyond the limits of this development. 8. All regulatory agency permits must be acquired in a time frame according to their requirements. 9. This development shall be responsible for all additional, outstanding and/or future assessment obligations at the time of final plat approval in accordance with the rates in effect at that time. All members voted yes. SEE PLAT FILE 12 Council Minutes June 16, 1987 OC253 STUART 2ND ADDITION - PRELIMINARY PLAT The application of Stuart Corporation for preliminary plat approval for Stuart 2nd Addition in the northwest quarter of Section 14, consisting of a 9.2 acre parcel with one lot, containing a single 102 unit apartment building, located east of Lexington Avenue and south of Yankee Doodle Road was brought for consideration. The applicant intends to develop the ponding area for passive recreational use and no further buildings would be provided on the entire parcel. The gross density would be 11.1 units per acre and all building setbacks would meet code requirements. One covered parking stall would be provided for each unit and one additional exterior space. There were no objections and 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. One interior parking stall shall be included with each unit's rent. 3. This plat shall be subject to recommendations of the Advisory Parks & Recreation Commission. 4. The detailed landscape plan shall be submitted on a grading plan. The financial guarantee shall not be released until one year after the date of installation. 5. Ten foot wide exterior parking stalls shall be provided. 6. One 10 foot wide grass-crete mat shall be extended from the parking lot to swimming pool area if acceptable to the Fire Marshall in lieu of two such mats around each end of the building. N 7. A detailed grading/drainage/erosion and sediment control plan shall incorporate the future grades of Lexington Avenue and be submitted and approved by staff prior to final plat approval. 8. A 20 foot temporary construction/slope easement shall be dedicated adjacent to Lexington Avenue for the future Lexington Avenue upgrading. 9. This development shall be responsible for its additional assessment obligation associated with final plat approval. 10. Additional rights-of-way shall be dedicated to provide for a 60 foot half right-of-way for Lexington Avenue. 11. The elevation of the parking lot shall be resolved to staff recommendations. All voted in favor. SEE PLAT FILE 13 Council Minutes June 16, 1987 0(2. EAGAN CENTER 2nd ADDITION - PRELIMINARY PLAT The application of Lexington Center Phase 2 Limited Partnership for preliminary plat approval of Eagan Center 2nd Addition was brought to the Council for its review and action. The Advisory Planning Commission at its meeting on May 26, 1987 recommended to the City Council that the application be approved, subject to certain conditions. The proposal would include a retail strip center containing a 1.49 acre parcel on Outlot D of the First Addition, 'south of Diffley Road, comparable to the strip center to the north. No gas pumps were being requested and it would not be feasible to add pumps to the building in the future without site plan modifications. No pylon signage had been requested for either of the buildings. Mr. Hedges and Mr. Runkle described the application and there were no objections to the 11,700 square foot building. Ellison moved, Smith seconded the motion to approve the application with the following conditions: 1. All standard platting conditions shall be adhered to. 2. No gas pumps shall be allowed on this lot. 3. No roof top fan units shall be visible. 4. A final landscape plan shall be submitted demonstrating berming along the east and west property lines. The financial guarantee shall not be released until 1 year after the installation. 5. All signage shall be subject to the one time sign fee of $2.50 per square foot. 6. This plan shall be subject to the recommendations of the Advisory Park and Recreation Commission. 7. A permit will be required from the Dakota County Highway Department for excavation in Lexington Avenue to connect to the existing storm sewer. 8. The development shall be responsible for construction of an 8 foot wide bituminous trailway along Lexington Avenue. 9. The applicant will modify the grading plan to avoid the need for a slope easement from the property adjoining to the south. 10. The storm water run off from the service road along the east side of the building shall be intercepted prior to drainage onto Patrick Road. 11. All entrances to the site shall be 30 feet wide with 20 foot radii on curb returns and constructed with concrete valley gutters to convey Patrick Road drainage across the entrance. 14 Council Minutes June 16, 1987 0V 255 12. The interior service road along the east side of the building shall'be designated as a one-way north to south drive. 13. The development shall be responsible for all proposed assessments based on the rates in effect at the time of final plat approval. 14. An erosion and sediment control plan, including both a site map and a narrative, shall be submitted and approved by staff before a grading permit is issued or final plat approval. 15. The most southerly parking stall, adjacent to the building shall be eliminated to approve the turning radius for delivery vehicles. All voted affirmatively. SEE PLAT FILE PRAISE LUTHERAN CHURCH ADDITION - REZONING & PRELIMINARY PLAT The application of Vic Frey of Praise Lutheran Church for rezoning of 5.8 acres designated R-2 within the Lexington South PD to Public Facilities district on amendment to the Lexington South PD, and preliminary plat approval for church facility located in the southwest corner of County Road #30 and Dodd road came next to the Council. Also an amendment to the Comp Plan would be required for the parcel. Dale Runkle introduced the application and noted that the Advisory Planning Commission at its meeting on May 26, 1987 recommended approval with certain conditions attached. The Park dedication for the property was deferred until such time that the church would revert to other than a church use. There was discussion concerning a revision of residential land to Public Facilities and it was suggested that compatibility with neighborhood uses is also a very important criteria in such revisions. Smith moved, Ellison seconded the motion to approve the application for amendment to the Lexington South Planned Development. All voted yes except Wachter who voted no. Ellison then moved, Smith seconded the motion to approve the application for Comp Guide revision to Public Facilities. All members voted in favor except Wachter who voted against. Next Egan moved, Ellison seconded the motion to approve the application for preliminary plat, with the following requirements: 1. All standard platting conditions shall be adhered to. 2. All sign ordinances shall be adhered to. 15 Council Minutes June 16, 1987 QCz256 3. A master landscape plan shall be submitted with the final plat application. Phased installation of this plan will be approved with each building/parking expansion. A financial guarantee shall be submitted for the first phase and ,not released until 1 year after the installation. 4. 57 parking stalls shall be required with the first phase. 5. The park dedication shall be deferred until the use changes from a Public Facility use. 6. The development shall be responsible for obtaining the required 20 foot wide storm sewer easement across the proposed Calvary Memorial Church property. 7. The development shall dedicate right-of-access to the County along Diffley Road. 8. The development shall dedicate a 60 foot half right-of-way for Diffley Road and dedicate an additional 20 foot construction/slope easement. 9. The development shall dedicate a 40 foot half right-of-way for Dodd Road. 10. The proposed entrance width shall be a minimum of 30 feet with a 20 foot curb return radii. 11. The applicant shall sign a waiver stating that they will not object to or appeal the assessments generated by the construction of the planned east/west street connection as a condition of final plat approval. 12. An erosion and sediment control plan including both a site map and a narrative shall be submitted and approved by staff prior to grading permit issuance and final plat approval. 13. The development shall be responsible for their additional assessment obligations based on the rates in effect at the time of the final plat approval. All voted in favor except Councilman Wachter who voted against. Councilman Egan questioned whether it would be appropriate to change the parcel from residential use to Public Facility and suggested the staff and Advisory Planning Commission review comparable sites for compatibility with neighborhood uses in the future and all councilmembers agreed. SEE PLAT FILE 16 Council Minutes June 16, 1987 00257 CRAY ADDITION - REPLATTING The application of Cray Research, Inc. for preliminary plat approval of Cray Addition, platting Outlots H, I, J, and L of Lone Oak Addition into one 36.2 acre lot for office use, and nine outlots totaling 80.02 acres was next heard. The proposal, according to Mr. Runkle, is consistent with the Planned Development Agreement and a request was made by the applicant that there be flexibility in the development to allow permits to be granted as they are requested. The APC requested a review of each building permit application as it is submitted. Ron Samansky, attorney from Doherty, Rumble and Butler, was present, as was Eric Lindahl, Ed Braman, Miles Lindberg and Dale Beckman for Cray Research. Mr. Samansky suggested that the Planning Commission minutes were incorrect regarding the vote, indicating the vote was 5 in favor and 2 against, and noted the Advisory Planning Commission had recommended approval. After discussion and review by the Councilmembers, Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The Development Agreement shall be entered into and approved by the City allowing multiple buildings on a single lot. 2. The applicants agree to review each site plan for specific buildings with the City Council at the time of building permit. 3. Outlot A shall be designed in accordance with the public street standards and, also, setbacks from Outlot A shall be required in accordance with public street requirements. 4. Detailed landscape plans shall be submitted with each application for building permit. 5. The preliminary plat shall be subject to the Park Commission's recommendations and comments. 6. All other City Ordinances shall be adhered to. 7. A detailed grading/drainage/erosion and sediment control plan must be submitted and approved prior to final plat approval. 8. No overland drainage of storm sewer systems will be allowed, although a temporary pipe will be approved. 9. This development shall provide for the outlet of Pond FP-4.1 and FP-E located in the Lone Oak 2nd Addition. 10. This development shall provide sanitary sewer of sufficient size and elevation to the northeast corner and the east property line of this development, in conjunction with Phase II, or if the owner to the east requests sanitary sewer prior to that time. 17 Council Minutes June 16, 1987 00258 11. Water main of sufficient size and capacity must be extended and connected to the existing 12 inch trunk main in the Lone Oak 2nd Addition. 12. This development shall dedicate a 60 foot half right-of-way for Lone Oak Road along with a 20 foot construction/slope easement to accommodate the future upgrading of Lone Oak Road. 13. In addition to the common lot line drainage and utility easements, this development shall dedicate all required utility easements located outside of dedicated public right-of-way in accordance with City requirements as a part of final plat approval. 14. This development shall be responsible for the acquisition of all regulatory agency permits in a time frame according to their respective requirements. 15. This development shall be responsible for all additional assessment obligations. 16. Vacation of Technology Circle shall be required as a condition upon the plat. Upon question by Councilman Ellison, Mr. Samansky stated that the intention of Cray Research is that the road be kept private at the present time and there are no future plans regarding the road. All voted in favor. BRIDLE RIDGE 1ST ADDITION - PRELIMINARY PLAT REVISED An application was submitted by Sienna Corporation for revised preliminary plat of Bridle Ridge 1st Addition consisting of 202 single family lots on 123 acres. Mr. Runkle indicated that before the previously approved plan is final platted, the applicant has requested that the City review the new site plan which has certain revisions including below minimum lot sizes and lot widths and additional cul-de-sacs. Further, the private outlot acreage would be 14.9 acres under the new cluster plan. The applicant had appeared before the City Council informally and the Advisory Planning Commission recommended approval, subject to certain conditions at its May 26, 1987 meeting. The road right-of-way and the connection to the property to the west are issues, according to Mr. Runkle. Mr. Hedges questioned whether the housing values would be at the executive housing level and how the City could be assured that the developer would comply with the intent of the City Council which granted concessions including reduction in minimum subdivision requirements. Rod Hardy, the developer, was present and stated that 18 Council Minutes June 16, 1987 00259 three market ranges are being planned with the westerly lots to be sold to builders who market $100,000.00 to $125,000.00 homes, Surrey Woods on the north expected to include $120,000.00 to $150,000.00 homes and the central area of $150,000.00 to $200,000.00. Also, he noted that minimum house sizes would be established under the covenants. Mr. Colbert mentioned that the Developer's Task Force recommended concessions but that the housing type did not appear to conform with the Council standards. Councilmen Egan and Wachter stated that they understood that a high range product would be constructed but that the developer does not appear to be complying with its original declarations. Mr. Hedges mentioned that the market has determined development in the City in recent years, but the Developer's Task Force and City Council recommended that a different quality of housing should be provided and that concessions be granted in order to accomplish the objective. The covenants would place 1,000 square foot minimum on the housing, according to Mr. Hardy. -Mr. Ellison noted that he understood the minimum price range would be approximately $175,000.00 for executive housing. Councilman Smith mentioned that he understood that there would be a gradual movement to executive housing but had strong concerns about the cluster plan and the cul-de-sacs. Smith moved, Egan seconded the motion to approve the application for revised preliminary plat subject to the conditions imposed by the Advisory Planning Commission. Councilman Egan reflected that the proposal is quite attractive, but does not fulfill the Council's intent. Those in favor were Smith and Egan; those against were Wachter, Blomquist and Ellison. Ellison then moved, Wachter seconded the motion to continue the application until the next regular meeting to allow the developer to submit information to the City Council that would specify the minimum square footage standards that will be included in the covenants and any other conditions that would provide the council with adequate rationale to allow concessions requested. All members voted yes. RESIDENTIAL STREET ORDINANCE AMENDMENT CITY CODE CHAPTER 13 Mr. Hedges noted that the Developer's Task Force met on several occasions and recommended changes to City Code Chapter 13 that regulates minimum rights-of-way for public street dedication. The Advisory Planning Commission considered an Ordinance that would ratify the right-of-way widths and a copy of the proposal was submitted to the Council. Mr. Hedges noted that representatives of the Developer's Task Force were present and some had expressed concern that as a part of the local access-medium, 300 to 1,000 ADT, that a second category allowing a 28 foot improved street, with two 19 Council Minutes June 16, 1987 dCzso traffic lanes and one parking lane, was omitted as part of the Ordinance preparation, and that the reference to a 50 foot right-of- way should be deleted in the second column of the published ordinance; and second that there is no reference to the maximum length of cul-de-sac and variable length of cul-de-sac. Mark Johnson and Rod Hardy were present. Councilman Smith opposed reducing the minimum standards and further opposed allowing variable cul-de-sac lengths. After discussion, Smith moved, Ellison seconded the motion to approve the proposed revision to Chapter 13. All voted yes. GOLLE WELSH ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT An application for Golle Welsh Addition for conditional use permit to-allow a private school within a Limited Business district and preliminary plat approval on 2.88 acres between Slaters Road and Cedar Avenue was brought to the Council. The Advisory Planning Commission recommended approval subject to certain conditions. Mr. Hedges stated the applicant requested that the application be withdrawn, noting that a new site location is being reviewed. Egan moved, Wachter seconded the motion to acknowledge the withdrawal of the application. All members voted yes. PUBLIC IMPROVEMENT CONTRACTS 1. Sealcoating - Contract #87-8. Wachter moved, Egan seconded the motion to receive the bids for Contract #87-8 and award the contract to Bituminous Roadways, Inc. in the sum of $102,964.34. All voted affirmatively. 2. North Nicols Road - Contract #87-16. Upon recommendation of the staff, upon motion by Egan, seconded Ellison, it was resolved that the plans for Contract #87-16 consisting of North Nicols Road be approved and to authorize the advertisement for bid opening to be held at 10:30 a.m. on Friday, July 17, 1987 at the Eagan Municipal Center. All voted yes. 3. E-Z Air Park - Storm Sewer - Eagandale Center Industrial Park 8th Addition - Water Main - Contract #87-20. Plans have been submitted for contract #87-20 consisting of E-Z Air Park storm sewer and Eagandale Center Industrial Park 8th Addition water main. Upon motion by Ellison, seconded Wachter, it was resolved that the plans be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Friday, July 17, 1987 at the Eagan Municipal Center. All councilmembers voted yea. 4. Windtree 8th Addition - Contract #87-19. After recommendation made by the staff and upon motion by Egan, seconded Wachter, it was resolved that the City Council be on record approving the plans for Contract #87-19 consisting of utility and street improvements in Windtree 8th Addition and direct the City Clerk to advertise for bids in the legal newspapers to be opened at 10:30 a.m. on July 16, 1987 at the Eagan Municipal Center. All voted yes. 20 Council Minutes June 16, 1987 00261 LEXINGTON POINTE ADDITION - PETITION & VARIANCE Staff received a letter from the developer of Lexington Pointe Addition requesting the City to install the Daniel Drive connection to County Road #30 that was required as a condition of final plat approval. The developers guaranteed all costs associated with the condemnation if it would become necessary to acquire the right-of- way, noting the developer has been unsuccessful in acquiring the necessary right-of-way. Mr. Colbert stated that Dakota County has recommended the access to County Road #30 (Diffley Road) at the location proposed by the City.. Brad Swenson and Laura Marks were present on behalf of the applicants. The issue related to the timing for recording the plat and the request was made to remove the condition from the plat to allow the plat to be recorded with the guarantees that were submitted by the applicant. Wachter moved, Egan seconded the motion to receive the Petition and authorize the preparation of a feasibility report for Project #508, Daniel Drive, streets and utilities and to delete the requirement to construct Daniel Drive to Diffley Road as a condition of final plat approval for Lexington Pointe Addition, with the understanding that the City will install the street portion; further, to authorize condemnation of the necessary road right-of- way and the hiring of an appraiser on behalf of the City for such condemnation action, all conditioned upon the developer paying for all necessary costs in the condemnation acquisition process. All members voted yes. THOMAS LAKE CENTER Attorney David Sellergren appeared on behalf of Eagan Center Associates and requested approval from the City Council for a foundation permit for Thomas Lake Center retail building, with the understanding that final plat application will be submitted at the July 7, 1987 regular meeting, and further that the developer will not construct beyond the foundation stage. Councilman Ellison had concerns about supporting staff requests that final plats be approved prior to grant of foundation permits. After discussion, noting the hardship involved, Egan moved, Smith seconded the motion to approve the request, subject to submission and compliance with all City requirements, including submission of an application. All members voted yes. 21 Council Minutes June 16, 1987 OC2152 WEST PUBLISHING COMPANY - GRADING & FOUNDATION PERMIT Steve Bryant appeared on behalf of the application of West Publishing Company requesting a foundation and grading permit to start construction of a parking lot addition prior to the construction of a new 100,000 square office building on the Eagan West Publishing site near Highway #149. A letter from John Nasseff of West Publishing, indicated that construction of the building would not begin until the building permit process has been complied with. Mr. Bryant noted that the request is to begin grading to allow more parking and that the time frame is critical to move the computer operations to Eagan. The permit would be for the parking lot grading only with plans having been submitted for review by the City. Wachter moved, Egan seconded the motion to approve the application, based upon the submission of all application requirements and approval of plans by the staff. All members voted yes. - LEXINGTON POINTE ADDITION Laura Marks appeared and requested approval of the City Council to construct model homes for the 1987 Parade of Homes for Lexington Pointe. She requested special consideration because of the time frame and noted that the model homes would be along Daniel Drive where a hard surface street would be installed for the homes. There were strong concerns among council members about varying the procedure and also creating additional burden on the staff to process such applications. Smith moved, Egan seconded the motion to approve the application for up to six model home permits with compliance with all City Code requirements, including Advisory Planning Commission review, according to Code Section 13.20. All members voted in favor. N IRRIGATION SYSTEMS FOR CITY PARKS There was discussion concerning the bids for the irrigation systems for Goat Hill Park and Northview Park and that a portable irrigation system was not being considered at the present time. Smith moved, Egan seconded the motion, based upon the staff recommendation, to authorize the staff to advertise for bids for an irrigation system for Goat Hill Park and Rahn Park, with a portable irrigation system for Goat Hill Park and Rahn Park and underground system for Northview Park, with a bid-opening for Monday, July 6, 1987 at 2:00 p.m. at the Eagan Municipal Center. All members voted in favor. 22 Council Minutes June 16, 1987 00263 THOMAS LAKE CENTER There was discussion concerning the Minutes of the May 5, 1987 regular council meeting regarding pylon sign permit for Thomas Lake Center. Egan moved, Wachter seconded the motion to allow up to three pylon signs at locations designated by the developer within the Thomas Lake Center, with the understanding that there be no further pylon signs approved without City Council approval. All members voted aye. COUNTY ROAD #32/CLIFF ROAD - PROJECT #510 Mr. Colbert stated that in accordance with Dakota County's Five- Year Capital Improvement Program, Cliff Road is intended to be upgraded to a 5-lane design urban section from Johnny Cake Ridge Road to Pilot Knob Road in 1988. Further, he stated that the Pilot Knob Road upgrading south of Yankee Doodle Road will not be installed until 1988 and the two projects would be constructed at approximately the same time. The recommendation was made that the Council authorize the preparation of a feasibility report for Project #510 for Cliff Road improvements, and upon motion by Wachter, seconded Egan, it was resolved that the recommendation be approved and authorized to be implemented. All voted yes. COMPREHENSIVE TRANSPORTATION PLAN - CONSULTANT Tom Colbert reported on the recommendation of Dakota County, Inver Grove Heights and Eagan engineering staffs that Short, Elliott, Hendrickson be hired to perform a comprehensive transportation plan for the three governmental entities at a cost of approximately $109,000.00. He noted that BRW and Strgar-Roscoe- N. Fausch, Inc. also were interviewed by the joint committee. Upon motion by Wachter, seconded Egan, it was resolved that the Council approve the proposal to hire Short, Elliott, Hendrickson based upon a Joint Powers Agreement with Dakota County and Inver Grove Heights in the total sum of $109,000.00 to perform the transportation plan. All councilmembers voted affirmatively. BIETER COMPANY VS. CITY OF EAGAN - UPDATE City Attorney Paul Hauge updated the City Council regarding the release to the general public on June 8, 1987, of depositions in the Bieter Company case and noted that 5 additional depositions are scheduled the week of June 22, 1987. 23 Council Minutes June 16, 1987 (fit 263 4 CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist dated June 16, 1987 in the amount of $949,626.16. All voted yes. & May 31, 1987 in the amount of $2,943,145.72. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:35 a.m. All voted in favor. PHH City er k 24