Loading...
07/21/1987 - City Council Regular o z9s " MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 21, 1987 A regular meeting of the Eagan City Council was held on Tuesday, July 21, 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 Engineer Mark Hanson, and City Attorney Paul Hauge were present. AGENDA N Smith moved, Ellison seconded the motion to approve the agenda. All voted in favor. MINUTES July 7, 1987 - Regular City Council Minutes. Upon motion by Smith, seconded Ellison, it was resolved that the minutes of the regular meeting of the City Council of July 7, 1987 be approved, with the exception on page 3, regarding Eagan Logo/Service Mark, that Councilman Smith stated that he understood that the Eagan logo was currently being used on letterhead by Councilman Ellison and that it was his understanding that the Council had decided that the logo not be used by individual councilmembers, except on official City stationery; further, on page 26, to add the following item: SEASONAL MAINTENANCE WORKER. The City Administrator explained to members of the City Council that a need to appoint seasonal maintenance workers at this point in the season is occurring because one of the following is happening: 1. Injury (on or off the job) happens to a regular or seasonal worker; 2. A seasonal worker quits or the term of his employment runs out; and/or 3. A worker must report to military service. In most cases, it is difficult to wait up to two or three weeks for official council approval before a worker can begin working for the City. The demand for the services that the worker provides is high. Therefore, the City administrator requested that he be allowed to approve appointments of seasonal maintenance workers only during mid-season so that delays in beginning employment can be minimized. The Council would be informed who had been hired for the seasonal maintenance position. Upon motion by Smith, seconded Egan, with all members voting in favor, the City Administrator was authorized to approve the hiring of seasonal maintenance workers in mid-season. All voted in favor. All voted yes. 1 Council Minutes July 21, 1987 03300 June 30, 1987 - Special Joint APC/City Council Minutes. Upon motion by Wachter, seconded Egan, it was resolved that the joint meeting minutes of June 30, 1987 be approved. All voted yea. BRUCE ANDERSON - CITATION AWARD Bruce Anderson, representing the Minnesota Recreational Park Association was not present and therefore the citation award was not presented to the City Parks and Recreation Department. Egan moved, Wachter seconded the motion to continue the presentation indefinitely. All voted in favor. RIVERTON AVENUE - BLACKHAWK PARK TRAIL A request of Roy Harvey, Jr. of 3832 Riverton Avenue for time on the City Council agenda to review an existing bituminous pathway constructed adjacent to Riverton Avenue by the City, was next brought to the Council's attention. City Administrator Tom Hedges stated that he was requested to place the item on the agenda by Mr. Harvey, but because there was no appearance, no action was taken, and no recommendation for change. EAGAN PUBLIC WORKS DEPARTMENT 1. Salt Storage Building Plans. The plans for a proposed salt storage facility to be located west of the new Public Works maintenance facility was described by Public Works Director Tom Colbert. He stated that the building would be capable of expansion with access from an alternate side. Funds were approved in the 1987 budget and the Mayor requested that the building be an earth-tone color. Wachter moved, Egan seconded the motion to approve the specifications for the facility and authorize the City Clerk to advertise for bids with an opening to be held at 10:00 a.m. on August 17, 1987. All members voted aye. 2. E-Z Air Park - Project #486 - Storm Sewer. Mr. Colbert recommended to the City Council that it authorize payment of $10,800.00 to the Soo Line Railroad to allow construction of the storm sewer outlet for E-Z Air Park facility. He stated that negotiations have been held and that the railroad will not negotiate further. Smith moved, Wachter seconded the motion to authorize the payment of the permit fee for Project #486 in the amount of $10,800.00. All members voted yes. 2 Council Minutes July 21, 1987 00301 FIRE STATION NO. 4 Fire Chief Southorn presented the final plans to the City Council and noted that there was a reduction from the original plan of 5,000 square feet. The estimate for the building is now within the budget allocation and no further action was taken. CITIZENS LEAGUE - REAL ESTATE TAX SURVEY Mayor Blomquist reported on the 1987 Citizens League property tax survey indicating that the real estate tax on an $80,000.00 home in Eagan is the lowest of 95 municipalities in the twin cities area, with populations over 2,500. CONSENT AGENDA The following consent agenda items were submitted by the staff and recommended to the City Council that they be approved: 1. Pump House No. 8 and No. 9 - Contract #86-12. It was recommended that Part with an add-on ot and art B with an additional amount of $3,935.00 under Contract #86-12 consisting of Change Order No. 2 for Pump House No. 8 and No. 9 be approved. 2. Duckwood Drive - Pondview - Project #514. A petition had been received for feasibility report for the upgrading of Duckwood Drive from Pilot Knob Road to I-35E along the north quarter of Pondview and it was recommended that the Petition be received and the Council order the feasibility report for Project #514. 3. LeMay Lake Hills Townhomes - Easement Vacation. A petition has been submitted and it was recommended that the petition be received to order the public hearing for the vacation of utility easements for Lot 1, Block 1, LeMay Lake Hills Townhomes Addition for August 18, 1987 at 7:00 p.m. at the Eagan Municipal Center. 4. Briar Oaks of Apple Valley - Project #500. A feasibility report has been completed for Project #500 consisting of sanitary sewer for Briar Oaks of Apple Valley and it was recommended to the Council that it receive the report and schedule a public hearing before the City Council at the Eagan Municipal Center at 7:00 p.m. on August 18, 1987. 5. Daniel Drive - Project #508. The feasibility report has been completed and it was recommended that the Council receive the report and schedule a public hearing for August 18, 1987 at 7:00 p.m. at the City Hall for a public hearing, covering Project #508. 3 Council Minutes July 21, 1987 00302 6. Patrick Addition - Project #509. The feasibility report for Project #509 has now been completed by the consulting engineer and a recommendation was made that the Council receive the report and the public hearing be scheduled for August 18, 1987 at City Hall at 7:00 p.m. 7. Chapel Hill Addition - Final Plat. The application had been submitted by the owners of Chapel Hills Baptist Church for final plat approval of Chapel Hill Addition, and it was recommended that it be approved, subject to compliance with City requirements. R87-49 8. Williams & LaRue 2nd Addition - Final Plat. It was recommended that no action be taken at the present time in regard to the final plat application. R87-50 9. Thomas Lake Center - Final Plat. It was recommended that the final` plat application be continued until later in the Council meeting. 10. Pilot Knob Road at 1-494 - MnDOT Agreement. MnDot Agreement No. 64139M for signal installation at Pilot Knob Road and 1-494 was submitted and it was recommended that the agreement and the Resolution approving the agreement, be approved by the City Council. 11. Wilderness Ponds - Project #448R. The final assessment roll for Project #448R covering trunk storm sewer for Wilderness Ponds was brought to the City Council and it was recommended that a final assessment hearing be scheduled for August 18, 1987 at the Municipal Center at 7:00 p.m. 12. Deerwood Drive - Project #455. The street and utility improvements under Project #455 for Deerwood Drive, final assessment roll, has now been submitted and it was recommended that the Council receive the roll and schedule the assessment hearing for August 18, 1987 at 7:00 p.m. at the Municipal Center. 13. Towerview Road - Project #469. The final assessment roll was recommended to be received and that a public hearing be scheduled for August 18, 1987 for the street improvements at 7:00 p.m. at the Eagan Municipal Center. 14. Clearview Addition/Beecher Drive - Project #472. The roll for assessments regarding street improvements for Clearview Addition/Beecher Drive under Project #472 was submitted by the staff and it was recommended that the Council schedule a public hearing for 7:00 p.m. at the Municipal Center on August 18, 1987. 4 Council Minutes July 21, 1987 0030.3 15. Eagandale LeMay Lake 2nd Addition - Project #474. The assessment roll for street and utility improvements in Eagandale LeMay Lake 2nd Addition under Project #474 has been prepared and submitted. It was recommended the Council receive the roll and schedule the final assessment hearing for August 18, 1987 at 7:00 p.m. at the City Hall. 16. Highview Avenue - Project #476. The assessment roll for the street improvements on Highview Avenue under Project #476 has been finished and the recommendation was made by the staff that the Council receive the roll, schedule a public hearing for August 18, 1987 at 7:00 p.m. at the Eagan Municipal Center. 17. South Dodd Road - Overlay - Project #515. A petition had been received for Project #515 South Dodd Road overlay from several property owners in the neighborhood and it was recommended that the Council order the preparation of the feasibility report based upon the Petition submitted. 18. St. Francis Wood 1st Addition - Utility Easement Vacation. A request had been made to vacate a portion of the side lot drainage and utility easement on Lot 10, Block 1, St. Francis Woods 1st Addition and it was recommended the Petition be received and a public hearing be scheduled for 7:00 p.m. at the Municipal Center, on August 18, 1987. 19. Nicols Road - South of Diffley - Resolution. A Resolution requesting MnDOT speed study for Nicols Road, south of Diffley Road to properly determine an enforcable speed limit, was submitted and it was recommended the Resolution be approved and the Mayor and City Clerk be authorized to execute the document. R87-51 20. Personnel Items - Construction Analyst. It was reported that over 150 applications were received for a construction analyst vacant position and it was recommended by the staff that the decision for the position in the Protective Inspection Department, be continued to the August 4, 1987 Regular Meeting. Upon motion duly made by Egan, seconded by Wachter, it was resolved that the foregoing consent agenda items be approved and authorized to be implemented by the staff. All members voted affirmatively. WILLIAMS & LaRUE 2ND ADDITION - FINAL PLAT Mr. Colbert stated that the Dakota County Plat Commission has not given approval to the plat application and recommended the City Council continue the application until the next regular meeting. Mr. LaRue was present. Wachter moved, Egan seconded the motion to approve the recommendation. All voted yes. SEE PLAT FILE 5 Council Minutes July 21, 1987 00304 CHAPEL HILLS BAPTIST CHURCH - PROJECT #499 - PUBLIC HEARING A public hearing regarding Project #499 consisting of street and storm sewer improvements for Chapel Hills Baptist Church was convened by Mayor Bea Blomquist. Mr. Colbert introduced the report and consulting engineer Mark Hanson described the report in some detail. Representatives of the church were present and there were no objections. Egan moved, Ellison seconded the motion to close the public hearing, to approve Project #499 and authorize the preparation of detailed plans and specifications. All members voted in favor. YANKEE SQUARE OFFICE PARK - COMMERCIAL DEVELOPMENT - REFUNDING The Mayor then convened the public hearing regarding the refunding of the City of Eagan $1,250,000.00 Commercial Development Revenue Bonds from 1982 for the Yankee Square Office III project. Tom Hedges stated that at the July 7, 1987 City Council meeting, a public hearing was scheduled for the July 21, 1987 meeting, to allow consideration of an application submitted by Federal Land Company to refund the $1,250,000.00 Commercial Development Revenue Bonds of 1982 for the Yankee Square Office III project. The basic purpose of Federal Land Company for refunding bonds would be to take advantage of lower interest rates. A letter from Mike Jeronimus, attorney from Briggs & Morgan, handling the coordination on behalf of the City and Federal Land Company for the refunding issue, was included in the packet and Mr. Hedges reviewed the background of the issue. Martin Colon of Federal Land Company was present and there were no objections. Egan moved, Smith seconded the motion to approve the refunding of the bond issue as requested. All members voted yes. DALLAS DEVELOPMENT 2ND ADDITION - PROJECT #495 The public hearing regarding street and utility improvements for Project #495 in the Dallas Development 2nd Addition was next convened by the Mayor. Mr. Colbert and Mr. Hanson described the project including utility and street improvements for Kennebec Drive, adjacent to the Dallas Development 2nd Addition. There were no appearances or objections to the project but there was a question from Councilmember Smith who asked whether storm sewer would be permitted to run northerly toward the railroad right-of-way. He was concerned about the trout stream and the quality of water from storm sewer run-off. 6 Council Minutes July 21, 1987 00305 Mr. Colbert recommended approval of the project and that the final plans for the storm sewer be prepared. He also announced that the engineering department has requested a review of the Highway #13 and Silver Bell Road intersection by MnDOT because of the expected increase in traffic. Wachter moved, Smith seconded the motion to close the hearing, to approve the project, subject to final review and action by the City Council concerning the outlet to the Minnesota River area, and further to authorize the preparation of detailed plans and specifications and the acquisition of all required easements, if necessary, through condemnation; further, the staff be authorized to hire an appraiser for the carrying out of any necessary condemnation action. All voted yes. PARK CLIFF 2ND ADDITION - PROJECT #506 - STORM SEWER EXTENSION A public hearing regarding storm sewer extension to Project #506 in Park Cliff 2nd Addition was convened by Mayor Blomquist. Tom Colbert described the report and noted that 46 lots were proposed to be assessed at an estimated cost of $385.00 per lot covering 15 years at an estimated 9% interest rate. The maximum would be $450.00 with additional construction work. A large number of affected property owners were present and one owner stated in his opinion, the developer did the design of the project and also did the work and the City and developer should be responsible for any defects. He argued, as did others, that the residents should not be assessed. Another owner questioned whether the a pond should be located as proposed, and whether a complete investigation of the issues had been completed. Mr. Colbert discussed the pond and recommended the pond not be eliminated as a storm sewer settling basin. The cost estimate does include the removal of sediment on the southern portion of the storm sewer line.. He further noted that the policy of the City is to retain as much water as possible in storm sewer holding areas. One owner recommended that there be no ponding but increase the outlet capacity. A neighborhood meeting had been held on July 20, 1987 at the City Hall but no clear consensus had been reached. The City is attempting to keep the cost down and the cost may be lowered initially but if the project is not feasible, additional construction may be required, according to Councilman Smith. An owner from an adjacent addition proposed to be assessed, objected to the assessments. Many affected owners were against, according to a show of hands, covering the project as proposed. Councilman Ellison recommended the neighbors meet to attempt to work out a solution. Jim Gordon, one of the original owners requesting the project, also appeared. The Mayor stated the issues, including the amount of water to be ponded, the amount of the assessments per owner and which owners should be assessed, and what is a proper pond level. Councilman Egan reflected that negligence may have occurred but it is very difficult to pursue the original developer. 7 Council Minutes July 21, 1987 00306 After an extended period of time, Blomquist moved, Smith seconded the motion to continue the public hearing until the second regular meeting in August, to allow the staff and the owners to review the following issues: 1. The pond retention and design alternates. 2. The cost impact covering the various alternates. 3. The legal obligation if any negligence has occurred. 4. It was recommended that benefits should be reviewed, regarding specific phases of the development. 5. Whether the project should be ordered in and also how to finance the project. 6. It was also requested that the detailed design plan proceed immediately. because of the necessity to proceed with the improvements. All members yes. COUNTRY HOLLOW ADDITION - PROJECT #505 A public hearing regarding trunk utilities for the proposed Country Hollow Addition under Project #505 was convened by Mayor Bea Blomquist. Mark Hanson detailed the project, including the cost and the proposed assessments. Don Klein, the owner of Parcel 010-53 at 4070 Dodd Road, appeared and objected to the project, stating that the storm sewer was required only because of the proposed development. His land has been a conduit for a great deal of storm water, however, and argued that there is no benefit and requested that no assessments be levied against his property. It was noted that all land will be assessed for trunk storm sewer at some time and part of the benefit would be to reduce storm sewer problems on Mr. Klein's property. Larry Oldenberg, a property owner at Dodd Road and Diffley Road, questioned the amount of the assessment proposed and also requested details of the future sanitary sewer extension to his property. Bert Eveland, the owner of the property in the southeast corner of Dodd and Diffley Roads, noted that he had just sold a parcel to the City for the Fire Station No. 4 site. He indicated that he had been told that there would be no further assessments on Diffley, after the Dodd Road improvements, and requested deferring the assessments until such time as the decision is made concerning where the sanitary sewer connection for his residence would be located. A 8 Council Minutes July 21, 1987 0 0307 150 foot corner lot credit is being proposed for the property. Mr. Eveland said he expects sanitary sewer service from west on Dodd Road, but it may come from the north. Jennifer Meyer, of 4150. Dodd Road, owner of parcel 010-59, stated she had been the owner for 7 weeks and had not been served with the notice of the hearing. After discussion, Ellison moved, Egan seconded the motion to close the public hearing, to order in the project and authorize the preparation of plans and specifications. All members voted in favor. CRESTRIDGE LANE - VACATION A public hearing regarding the vacation of public right-of-way for part of Crestridge Lane was convened. Tom Colbert explained the proposed vacation covering an 8 foot parcel on Crestridge Lane, east of Kolstad Road, which had been submitted by the owner and developer of the property. There were no objections and Wachter moved, Egan seconded the motion to close the hearing and to approve the vacation and authorize the execution of the necessary vacation documents. All members voted affirmatively. LEXINGTON SQUARE ADDITION - GENERAL DEVELOPMENT Mr. Hedges stated that he had been contacted by Roger Hughes of 1026 Savannah Road in Lexington Square Addition, who expressed concern about the misrepresentation that he alleged occurred in his development by the developer and builders who were constructing smaller homes on the remaining lots. In a letter to Mr. Hedges dated June 23, 1987, he indicated that several property owners were told the subdivision would be developed with an average house price of $125,000.00 and higher, and therefore felt mislead because smaller homes are being constructed. Mr. Hughes made a detailed presentation and outlined some concerns which included size of the home, the monetary consideration including how the homes are being financed, whether through HRA, etc., the building inspection process, the protective covenants on the property, the Tri-Land development in the center of the Lexington Square and the architects review board in the subdivision. Mr. Hughes stated that it was his opinion that there has been a change in sales strategy by Meritor Development whereby houses sizes have been reduced. He questioned whether the City should not enforce the particular covenants and the answer was that the covenants are a private issue. The administrative memorandum by John Hohenstein dated July 16, 1987 indicated that no more than 25% of the money in the First-Time Homebuyer-Bond Program has been complied with and that the controls will be strictly enforced, however, regarding the program. It was noted that the covenants are intended to be self-enforcing, whereby the affected owners would enforce any non-conformity with the private covenants. 9 Council Minutes 003019 July 21, 1987 Several other residents also appeared and requested action by the City Council. After extensive discussion, Blomquist moved, Egan seconded the motion to direct the staff to review the approval by the City of the Lexington Square Addition and further, that the City Attorney be required to prepare an opinion concerning the City's obligation regarding the issue previously described. The Mayor also explained that the property had been down-zoned from R-4 to R-1, which was a substantial change in the density. Brad Swenson of Tri-Land Surveying appeared and indicated that Tri-Land Surveying is the surveyor and not the developer of the adjoining plat. Councilman Ellison stated that by requiring minimum 12,000 square foot lots, some of the issues that the property owners are presenting will be resolved. Councilman Smith explained, however, that by allowing smaller lots, more houses will become affordable' to many more potential purchasers. All Councilmembers voted yes. LEXINGTON SOUTH ASSOCIATES - FINAL ASSESSMENT ROLL - PROJECT #345 A memo from Finance Director/City Clerk Gene VanOverbeke dated July 13, 1987 concerning assessments levied for Wilderness Run Road in 1983 was discussed by the City Council members. Lexington South Associates requested in 1980 that assessments be respread to land to the north of Wilderness Run Road, consisting of $63,000.00 and the assessments were inadvertently not respread in 1983 when the assessments were finally levied. It was recommended that the Council schedule a public hearing to consider the respread of the assessments and it was noted there would be threats of appeals and the benefit issue was quite important. Smith moved, Wachter seconded the motion to schedule a public hearing for August 18, 1987 at 7:00 p.m. at the City Municipal Center concerning the improvements for Wilderness Run Road, Project #345. All members voted in favor. THOMAS LAKE CENTER - SITE PLAN REVIEW Mr. Hedges introduced the proposal of Linvill Properties for roof-top mechanical equipment screening for Thomas Lake Center. The Planning Department recommended approval of the screening that was included on the drawings submitted by the applicant. Dale Runkle described the proposal and David Sellergren, attorney, appeared as did Ralph Linvill, the developer. There being no objection, Smith moved, Egan seconded the motion to approve the roof-top mechanical screening plan proposed by the developer. All voted yea. 10 Council Minutes July 21, 1987 00309 ISD #196 - FOUNDATION PERMIT An application was submitted by Independent School District #196 for foundation permit to allow construction to commence on the Woodland Elementary School proposed for construction beginning during the late summer on Wescott Road. The final plat is intended to be finalized at either the August 4 or August 18, 1987 City Council meeting. The swap of land with an adjacent owner by the City of Eagan, has created a delay and hardship for the school district. Tom Wilson, the Principal of the Eagan High School, was present and Mr. Hedges explained that the City had been deeply involved in the process and recommended approval of the permit because of the complex land swaps involved. - Wachter moved, Egan seconded the motion to approve the foundation permit as a waiver of the City process based upon the explanation above, and further that the Council grant a utility permit for the foundation only. All members voted yes. CYSTIC FIBROSIS - GAMBLING LICENSE The City received a gambling license application from the Cystic Fibrosis Foundation to allow pull-tabs at LaFonda's restaurant. The police investigation was complete and the department had no objections. There was a question about the location of the pull-tab operation in the building and there was no objections. Egan moved, Wachter seconded the motion to continue the application until July 23, 1987 for more specific information as to location of the leased location in the building. All voted yes. MANOR LAKE ADDITION - PRELIMINARY PLAT & REZONING An application of Middlemist Properties for rezoning and preliminary plat approval of Manor Lake Addition in the northeast quarter of Section 36, south of Cliff Road, came next before the Council. The Advisory Planning Commission at its meeting on June 23, 1987 recommended approval with certain conditions. The Parks and Recreation Commission at its meeting on July 2, 1987 reviewed the development and recommended denial due to the park land dedication deemed inadequate by that Commission. The area consists of 43.12 acres and the proposal is to rezone from A (Agricultural) to R-1 (Single Family) and preliminary plat for Manor Lake Addition. The gross density would be 1.5 units per acre, with a net density of 2.0 units per acre with all lots appearing to provide for minimum lot sizes under the City ordinance. 11 Council Minutes July 21, 1987 100310 Mr. Runkle stated that more area for park expansion was provided and Robert Middlemist appeared on his own behalf. There was discussion concerning the property along the west line and he indicated the entire parcel is not available, consisting of a 4 acre parcel. The cul-de-sac access to the westerly lot was also an issue before the Planning Commission. Mr. Runkle explained that four phases were proposed, and the recommendation had been made that Phase 4 should not be developed at present. The applicant prefers to dedicate park land for Phase One and access to the park on a temporary basis. Mr. Middlemist requested the lot on the west be allowed to develop with Phase One to include septic tank, but City water could be made available. The access from Cliff Road was a strong concern and Roger Weierke of 630 Cliff Road, appeared and objected to the access on the 16 foot strip of land, arguing that snow collects and it is difficult to put in a water line on a 16 foot easement. Richard Holz of 620 Cliff Road, also objected to allowing the development of the westerly lot, asking whether 16 feet is adequate for driveway access to a public street. Smith then moved, Egan seconded the motion to refer the park land dedication issue to the Park Committee for resolution and further park recommendation, and to continue the application until the recommendation is submitted to the Council. All voted affirmatively. SEE PLAT FILE HOLIDAY STATION STORES - PYLON SIGN An application for conditional use permit for pylon sign for the Holiday Station store at Cliff and Nicols Roads, was brought to the Council. There were no objections. Smith moved, Egan seconded the motion to approve the application, noting the Advisory Planning Commission recommended approval of the permit, which permit would include a variance for 134 square foot pylon sign and compliance with all City conditions and requirements. It was noted that there would be two signs on the pylon sign and that the Precision Tune sign was of a standard size. All voted yes. Smith then moved, Wachter seconded the motion to approve the application for motor fuel sales. All voted in favor. 12 Council Minutes July 21, 1987 00311 BUILDING BLOCK CHILD CARE CENTER ADDITION CONDITIONAL USE PERMIT & PRELIMINARY PLAT An application was submitted by William Dunkley for conditional use permit and preliminary plat approval for Building Block Child Care Center Addition, intended for child care center and further, amendment to the Cedar Cliff Planned Development for a day care in a Limited Business district. The application area consisted of 0.7 acres and the Advisory Planning Commission at its meeting on June 23, 1987, recommended approval with certain conditions. Mr. Runkle explained that 19 parking spaces should be adequate, with the Code requiring 29 spaces. Mr. Ellison noted that it would appear to be a good buffer to the single family to the north. The proposal was for a 5,600 square foot building. The plan provides for 32 maximum parking stalls in the event that additional parking is necessary. There was concern about the storm outlet for AP-50 and Mr. Colbert explained that with development in the area, the tree and easement issue may be resolved. The Council preferred a permanent resolution to the storm sewer issue. Ellison moved, Wachter seconded the motion to amend the planned development as presented and also for conditional use permit approval. All voted in favor. Egan moved, Wachter 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. A revised landscape plan shall be submitted on a grading plan. The financial guarantee shall not be released until 1 year after the date of installation. ti 3. If a shortage of parking is evident, the City may require parking lot expansion and the owner shall, upon such request, provide for and develop such additional spaces requested to conform with City standards. Nineteen spaces shall be initially approved. 4. No mechanical units shall be visible from the residential property or from Scott Trail. 5. Either the outlet for AP-50 shall be authorized by Council action prior to final plat approval or building permit issuance, or on-site ponding area must be developed to City standards. 6. Revised grading and site plans shall be approved prior to building permit issuance. All voted yes. SEE PLAT FILE 13 Council Minutes July 21, 1987 00312 KINDER CARE ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT The application of Kinder Care Learning Center for a conditional use permit and preliminary plat approval for Kinder Care Addition to provide for a day care facility in CSC District, on an 0.98 acre one-lot plat was next heard. Mr. Runkle noted that the parcel is currently designated as Outlot A of the Eagan Convenience Center and located immediately south of the strip center abutting Krestwood Lane on the west. The 6,467 square foot one-story building would provide a lot coverage of 15% and thirty 10-foot wide stalls are proposed. Mr. Runkle further commented that the parking and the driveway access were issues, but were essentially resolved. Mark Lindell, the architect, was present and explained that the striping has been moved for parking and access purposes, and noted that the access to the lot would be 40 feet from the Hardee's access. Mr. Colbert suggested additional landscaping between the child care play area and the commercial area to the north. Egan moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. The landscaping between the Convenience Center and the play area shall be reviewed and the entire landscaping plan shall be approved by the City staff. The financial guarantee shall not be released until one year after the installation date. 2. All standard platting conditions shall be adhered to. 3. All signage shall be subject to the Sign Ordinance and the one time fee of $2.50 per square foot for ground sign. 4. The trash enclosure shall blend in architecturally with the building design. 5. Parking stalls 1-12 shall line up with those in front of the building. 6. All light pole standards will use cut offs to eliminate off site "light spillage" if necessary. 7. This plat shall be subject to a cash parks dedication fee. 8. Final plat approval shall be contingent upon approval of the installation of the downstream storm sewer facilities by Council action. 9. An erosion, sediment control plan acceptable to staff shall be provided prior to final plat approval. 14 Council Minutes July 21, 1987 00313 10. The development shall relocate its 30 foot wide driveway entrance to line up with the existing entrance across the street. Consideration may be given to a reduction in parking. 11. The development shall provide for a 20 foot utility easement over the existing storm sewer along its easterly property line. 12. The development shall obtain its water service from the existing watermain in Crestridge Lane. 13. The development shall be responsible for the proposed trunk storm sewer assessment based on rates in effect at the time of final plat approval and on final plat areas. All councilmembers voted yes. Egan moved, Ellison seconded the motion to approve the application for conditional use permit. All voted in favor. SEE PLAT FILE HILLTOP ESTATES PDQ - CONDITIONAL USE PERMIT/GAS PUMPS The application of Rus-Del Investments for conditional use permit and variance for installation of gas pumps on Lot 1, Block 4, Hilltop Estates came next to the Council. The Advisory Planning Commission recommended denial of the application at its meeting on June 23, 1987. The applicant has now requested withdrawal and Smith moved, Wachter seconded the motion to acknowledge the applicant's request for withdrawal of the application. All voted yea. HILLTOP PLAZA - CONDITIONAL USE PERMIT & VARIANCE - CAR WASH The application of Rus-Del Investments for conditional use permit and variance for car wash located within an NB district, pylon sign and variance for lot coverage in Hilltop Estates was next presented. Again, due to the applicant's request for withdrawal, Ellison moved, Wachter seconded the motion to acknowledge the request. All voted yes. GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION - PRELIMINARY PLAT The application of Gopher Smelting and Refining Company for preliminary plat approval for Gopher Eagan Industrial Park 2nd Addition, was brought to the Council for its consideration. The APC recommended approval at its June 23, 1987 meeting, subject to a number of conditions. The application would include 9 lots and two outlots on approximately 84 acres designated for Industrial use within the Gopher Eagan Planned Development. Block 1 would contain 15 Council Minutes 00July 21, 1987 6 lots totaling approximately 22 acres, including Twin City Wire and Fence, and Minnesota Pump on Lots 3 and 4 respectively. Block 2 would be a triangular 1.97 acre lot between the railroad tracks and Highway #149 on the east. Block 3 would contain the existing smelter plant on Lot 1, and two outlots B and C on the west. Mr. Runkle explained that the platting would give proper access to two existing buildings and one new lot for Consolidated Freight. A question was asked concerning the assessment objections covering Project #447 and no action was taken in that respect. A representative of the applicant was present. Egan moved, Wachter seconded the motion to approve the application for revised preliminary plat, according to the following conditions: 1. The trunk storm sewer facility to serve this development shall be ordered for installation by Council action prior to final plat approval. 2. The construction of Yankee Doodle Road from Minnesota Highway #149 to the east for approximately 1,000 feet will be required with this development. A temporary cul-de-sac will be required at the east end of Yankee Doodle Road. 3. The upgrading of the frontage road on the east side of Minnesota Highway #149 will be required with this development. The cul-de-sac at the south end of the frontage road shall have a 60 foot radius. 4. A detailed grading plan showing the proposed improvements for each lot must be submitted and approved prior to final plat approval. 5. A 12 inch watermain and an 8 inch sanitary sewer shall be included with the improvements to Yankee Doodle Road east of Minnesota Highway #149. 6. All regulatory agency permits shall be acquired within the time frame requirements of the affected agencies. 7. An erosion and sediment control plan shall be submitted before a grading permit is issued or before final plat is approved. 8. The development shall be responsible for all proposed assessment obligations based on rates in effect at the time of final plat approval and on final plat dimensions and areas. 9. All standard platting conditions shall be adhered to on Lot 5, Block 1. 10. The landscape plan shall be submitted on a grading plan. The financial guarantee shall not be released until one year after the installation date. 16 Council Minutes July 21, 1987 0031.5 11. No roof top fan units shall be visible from the residential property to the north and Yankee Doodle Road on the south. All members voted affirmatively. SEE PLAT FILE GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION YANKEE DOODLE ROAD EXTENSION - PROJECT #516 A petition was submitted for the preparation of a feasibility report for Gopher Eagan Industrial Park 2nd Addition, consisting of Project #516 regarding the extension of Yankee Doodle Road easterly. Smith moved, Wachter seconded the motion to receive the petition and order the preparation of a feasibility report by the consulting engineering firm. All members voted in favor. STEVE STENERSON - VARIANCE - LAKESIDE ESTATES An application of Steve Stenerson for 10 foot front yard setback variance for Lot 6, Block 2, Lakeside Estates next came to the council. The engineering division recommended that the request be denied, stating that the absolute minimum allowable for two cars to park in the driveway without encroachment in the street is 40 feet. The setback variance would result in a vehicle encroachment into the street by 7 feet. The applicant was present and argued that the reason for the request for 10 foot variance is to accommodate the serious slope on the back portion of the lot. Noting that this was a cul-de-sac location, Ellison moved, Egan seconded the motion to approve the application for the 10 foot variance in compliance with all other City Ordinances. All members voted yes. BRIDLE RIDGE ADDITION - VARIANCES An application was submitted by Sienna Corporation for variances for three monument signs to encroach into the setback along Elrene Road. The entry monument sign variances were requested to save a 3 foot diameter oak tree and several 6 inch to 10 inch diameter pine trees. Egan moved, Ellison seconded the motion to continue the application at the request of the developer. All voted yea. City Administrator Tom Hedges requested clarification from the City Council concerning the 50 foot right-of-way with 28 foot curb to curb, as originally discussed for the Bridle Ridge Addition. Rod Hardy and Dave Sellergren were present on behalf of Sienna Corporation. It was noted that the standard adopted by the council was 60 foot right-of-way and the question was whether the standard 17 Council Minutes July 21, 1987 ©0316 should be complied with in Bridle Ridge. After discussion, Egan moved, Ellison seconded the motion to approve the 50 foot right-of- way,, 28 foot improved street, as a,. variance for a single street where the executive housing was to be built on Bridle Ridge Road only, according to the original understanding by the City Council. All members voted yes. NORTH NICOLS ROAD - PROJECT #87-16 On Friday, July 17, 1987, bids were received for the completion of the upgrading of Nicols Road from Diffley Road to Beau D'Rue Drive. The final design for the project required the granting of a variance to State Aid standards by MnDOT and upon recommendation of staff, Blomquist moved, Wachter seconded the motion to continue the award of the contract until State Aid approval has been received. All voted yes. E-Z AIR PARK - STORM SEWER and EAGANDALE CENTER INDUSTRIAL PARK 8th ADDITION - WATER MAIN CONTRACT #87-20 Bids were received for Contract #87-20 and Mr. Colbert recommended deleting the pressure-reducing station under Project #489. Upon motion by Ellison, seconded Wachter, it was resolved that the low bid of F. F. Jedlicki in the amount of $152,091.50 be approved with the exclusion of the pressure-reducing station under Project #489. All voted yea. WINDTREE 8TH ADDITION - CONTRACT #87-19 Smith moved, Ellison seconded the motion to approve the.. recommendation of the staff that the low bidder, A. P. Keller, for City Contract #87-19 covering Project #503 relating to the Windtree 8th Addition for utility and street improvements, in the amount of $229,724.75 be approved and the contract awarded. All voted yea. STAFFORD PLACE - BRADDOCK TRAIL - CONTRACT #87-24 The plans have now been completed for Contract #87-24 consisting of Stafford Place grading and utilities and for placing Braddock Trail grading and utilities. Egan moved, Wachter seconded the motion to approve the plans and to advertise for bids to be opened at 10:30 a.m. on Friday, August 14, 1987 at the Municipal Center. All voted yes. 18 Council Minutes July 21, 1987 0 f WELL No. 10 - CLIFF ROAD - CONTRACT #87-27 The plans for Well No. 10 on Cliff Road were received by the staff and recommended for approval. Representatives, including Bob Frigaard of Orr-Schelen-Mayeron & Assoc., appeared and gave a brief review of the proposal including the noise baffle. John Wingaard and Bernie Middlestadt of OSM were also present. Smith moved, Egan seconded the motion to approve the plans and authorize the ad for bids to be opened on August 14, 1987 at the City Municipal Center at 9:00 a.m. All voted yea. WELL No. 11 - ASHBURY ROAD - CONTRACT #87-28 The plans for Well No. 11 under Contract #87-28 have been completed by Orr-Schelen-Mayeron & Assoc. and it was recommended that they be approved. Wachter moved, Ellison seconded the motion to approve the plans and to schedule the bid opening for August 14, 1937 at the Municipal Center at 11:00 a.m. All voted affirmatively. COUNTRY HOLLOW - TRUNK UTILITIES - CONTRACT #87-30 Plans have been completed and received by the staff and recommended to be approved for Contract #87-30. Egan moved, Wachter seconded the motion to approve the plans and direct the Clerk to advertise for bids to be opened at 1:30 p.m. on August 14, 1987 at the City Municipal Center. All voted yes. BICENTENNIAL OF THE U.S. CONSTITUTION The City has received a volume of data regarding the potential for the community celebrating Constitution Day scheduled for September 17, 1987. The City Administrator was given authority to prepare a Fall Proclamation for the Bicentennial of the U. S. Constitution. FINLEY BROTHERS ENTERPRISES - PARK IMPROVEMENTS Smith moved, Wachter seconded the motion to approve the low bid for park improvements of $133,844.14 and award the contract to Finley Brothers Enterprises. All members voted in favor. EAGAN POPULATION ESTIMATE The Metropolitan Council has estimated the Eagan population at 38,943 as of April 1987. It was noted that the actual population, by City estimate, based upon housing permits issued, is well in excess of that figure. 19 Council Minutes July 21, 1987 00318 FIRE STATION NO. 5 - PROPERTY NEGOTIATION The City Administrator described to the City Council his negotiations with Lydia Schindeldecker regarding a proposed purchase of the site on Galaxy Road from Mrs. Schindeldecker for Fire Station No. 5. The property includes a house, garage and about two acres. Ellison moved, Blomquist seconded the motion to authorize the City Administrator to proceed with the negotiations based upon the appraisal from Dan Dwyer for the City. All members voted yea. EAGAN HILLS FARM DEVELOPMENT - PROJECT #491 Under Project #491, the City will be constructing the extension of Elrene. Road from Wescott Road to Dodd Road and the extension of Northview Park Road from Lexington Square development to the Elrene Road extension. Certain additions and deletions for the municipal state aid street system for Project #491 were submitted and it was recommended that they be approved and that the Mayor and City Clerk be authorized to execute all related documents. Wachter moved, Egan seconded the motion to approve the recommendation and authorize their implementation. All members voted yea. R87-51.1 WESCOTT ROAD - PROJECT #494 - RIGHT-OF-WAY ACQUISITION At the July 7, 1987 City Council meeting, the Council authorized the acquisition of the right-of-way from the Govern Trust on the south side of Wescott Road, adjacent to and west of the Charles Hall property. It was proposed that Mrs. Hall sign a right-of-entry but she requested an indemnity from liability from the City in return for the right-of-entry because of the time delay in approval of the easement by the Govern Trust. Upon recommendation of the staff, Egan moved, Wachter seconded the motion to approve the right-of-way agreement for Project #494 and authorize the documents to be signed by the appropriate officials. All members voted in favor. EAST WESCOTT ROAD - CONTRACT #87-26 It was recommended that the final wearing surface installation for Wescott Road be delayed until 1988 because of the significant amount of development activity adjacent to the Wescott Road improvements. A Resolution was submitted and upon motion by Egan, seconded Ellison, it was resolved that the Resolution regarding staged construction for Wescott Road under Contract #87-26 be approved. All voted yes. R87-52 20 Council Minutes July 21, 1987 WATER PRESSURE IN PARK CLIFF & FAIRWAY HILLS ADDITIONS Public Works Director Tom Colbert discussed with the City Council, water pressure problems in the Park Cliff Addition and Fairway Hills area. He indicated that booster pumps had been installed at the City's cost, in homes where there had been inadequate pressure, but warned that there is a precedent setting factor and also the maintenance cost could be quite prohibitive in the future. One other alternate would be a small water system installed in the Fairway Hills Addition, including an elevated tank in order to maintain pressure on the second floor of the affected residences. Staff was directed to prepare a written policy for the Council to consider at its next regular meeting regarding the water pressure problems. CEDARVALE BOWL - ACCESS ROAD Councilman Smith again questioned the staff concerning the removal of the barriers in the road between Beau D'Rue Drive and Cedarvale Drive near the Cedarvale Bowling Alley. City Attorney Paul Hauge explained that a letter had been sent to the attorney for the bowling alley and discussions have been held, but no action had been taken. Council directed the staff and City Attorney's office to proceed to take appropriate legal action in order to remove the barriers and to proceed with the improvement project as appropriate. N.O. I.S.E. CONFERENCE Mayor Blomquist and Councilman Egan reported on the National N.O.I.S.E. Conference that was held in Los Angeles during the prior week. The two were representatives on behalf of the City of Eagan and noted that the emphasis was on land planning. There were concerns about the attempt to move the Minneapolis/St. Paul International Airport, and there was also a strong emphasis upon airport planning around the airport facilities. BIETER PROPERTY - GRADING PERMIT Paul Hauge brought to the City Council a request from Ron Cornwell, one of the partners of the Bieter Company property at Diffley and I-35E requesting direction regarding compliance with the City's requirements concerning completion of grading under the excavation permit for the Bieter property. Direction had been given by the City Council and the staff, that the grading should be completed according to the plan submitted in the excavation permit. Mr. Cornwell requested that because specific plans for the use of the property have not been determined, that Bieter not be required to proceed with all of the grading at the present time. The general consensus of the council was that the owner should not be required to do further grading as long as erosion and safety problems had been resolved. 21 Council Minutes July 21, 1987 064120, TOM THUMB VS. CITY OF EAGAN City Attorney Paul Hauge then reported on the results of the action entitled Tom Thumb vs. City of Eagan where an attempt had been made by Tom Thumb to force the City Council to issue permits for gas pumps at the Tom Thumb store in Yankee Square and at Cedarcliff. The Order entered by Judge Kalina in the 3-day District Court trial was that a request for the Order to grant the permits in two locations was denied and that the City Ordinance requiring service bays with gas pump permits was struck down on the basis that the safety and welfare issues were not strong-enough to uphold the ordinance. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the checklist dated July 21, 1987 in the amount of $1,157,418.62 be approved. All voted affirmatively. ADJOURNMENT A motion was made and seconded that the meeting adjourn at 1:00 a.m. All voted in favor. PHH 1' I City, erk 22