Loading...
04/21/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 21, 1987 A regular meeting of the Eagan City Council was held on Tuesday, April 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 Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge were present. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as distributed. All voted yes. MINUTES April 7, 1987 - Regular Meeting. Egan moved, Smith seconded the motion to approve the Minutes with the exception on page 8 regarding the Wally Nelson rezoning application, reason number 6 for denial included the adverse precedent on the adjacent property owners and also in other areas of the City. All members voted in favor. March 31, 1987 - Special Meeting. Ellison moved, Wachter seconded the motion to approve the minutes with the exception on page 5 that street widths less than 32 feet with parking on either side. All voted in favor. VOLUNTEER FIRE DEPARTMENT FIRE STATION NO. 4 AND NO. 5 - BOND REFERENDUM City Administrator Tom Hedges presented to the City Council proposed wording for a question on the May 28, 1987 ballot regarding the funding for Fire Stations #4 and #5. The wording would read as follows: "Shall the City Council of the City of Eagan, be authorized to issue its general obligation bonds in an amount not to exceed $1,880,000.00 for the purpose of purchasing and approving land, constructing and furnishing two fire stations and purchasing pumpers and related equipment?" There was discussion concerning additional costs incurred for building permits and whether to require payment or waive the requirement. The decision was to waive the requirement. Ellison moved, Egan seconded the motion to approve the question and eliminate the Unit 6 refurbishment of $30,000.00 for a total of $1,850,000.00 in the question. All voted yea. R 87-20 1 Council Minutes April 21, 1987 NEW TANKER TRUCK BIDS The City received three bids on March 26, 1987 to furnish a 1,850 gallon tanker truck with quick-fill and dump valves, emergency light, siren and portable 2,000 gallon tank. There were three bidders with Laverne Fire Apparatus Company at $74,664.00, Custom Fire Apparatus, Inc. at $65,700.00, and Clarey's Safety Equipment in the amount of $58,925.00. The apparent low bidder was Clarey's Safety Equipment according to Mr. Hedges, but the Fire Administration reviewed the bids and discovered that Clarey's bid is inconsistent with the specifications, including a smaller alternator, three instead of four batteries, no battery charger, no battery selector and 1/16th inch steel plate differential below the minimum specs of 5/16th steel plate on the bottom of the booster tank. Fire Chief Ken Southorn and Assistant Chief Dick Schindeldecker were present. Mr. Southorn recommended the bid of Custom Fire Apparatus, Inc. because of the deviations from the specs, based upon the detailed findings of the VFD. After discussion, Wachter moved, Egan seconded the motion to approve the recommendation and authorize the award of the bid to Customer Fire Apparatus, Inc. in the sum of $65,700.00, based upon the reasons cited by the Fire Department members. All voted in favor. AMERICAN LEGION - POLICE DEPT. & FIRE DEPT. PRESENTATION Ardelle Wright of the Burnsville American Legion Post was present and submitted checks to the Eagan Volunteer Fire Department and Eagan Police Department in the sum of $500.00 each, from the VFW. Mr. Wright noted that 22% of the members are Eagan residents. Thank you was given by the Mayor on behalf of the City Council. BUILDING INSPECTION DEPARTMENT - CHIEF DOUG REID Mayor Blomquist congratulated Doug Reid who was present in the audience, on his appointment as the Chief of the Inspection Department for the City. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 1. Personnel Items. 2 Council Minutes April 21, 1987 - a. Seasonal Ball Field Attendants. It was recommended that Brent Eichten and Paul Frank be hired as seasonal ball field attendants for the City. b. Seasonal Weed Inspector/Compost Site Monitor. The recommendation was made that James E. Jensen be hired as a seasonal weed inspector/compost site monitor. c. Seasonal Park Attendant - Trapp Farm Park. The staff recommended the hiring of Steve Cochran as seasonal park attendant at Trapp Farm Park. d. Seasonal Park Maintenance Workers. The following persons were recommended to be hired as seasonal park maintenance workers: Jeffrey Barker, Dana Hein and Hugh Peterson. e. Seasonal Utility Maintenance Workers. It was recommended the following persons be hired as seasonal utility maintenance workers: Mark Dorseif, Grant Lundberg, Blaine Robertson and Richard Robohm. f. Seasonal Street Maintenance Workers. The hiring of Gary Davis, Brian McMorrow, Kelly Ramswick, Mike Shomion and Jerry Thorman was recommended as seasonal street maintenance workers. g. Zoning Administrator. The staff recommended the hiring of Shannon Willey as Zoning Administrator subject to successful completion of the City's physical examination requirement. h. Police Officer. With the resignation of a police officer, it was recommended that Thomas Nelson be hired as a full- time police officer for the City. i. Community Service Officer. The staff recommended the Council authorize the advertisement for a Community Service Officer for the City. j. Records Technician. Lynn Vasquez was recommended to be hired as records technician in the Police Department subject to successful completion of the city's physical examination requirement. 2. Q Petroleum - Cigarette and Service Station Licenses. It was recommended that the application for cigarette and service station licenses at 4206 Nicols Road be granted. 3. Stafford Place Project #498. A feasibility report for Stafford Place, Project #498 was submitted and recommended to be received and that a public hearing be scheduled for May 19, 1987 at the City Municipal Center at 7:00 p.m. 3 Council Minutes April 21, 1987 4. Pilot Knob Road - Resolution Restricting Parking. A proposed Resolution restricting parking on Pilot Knob Road, due to the fact that the design width of the final plans does not provide for any on-street parking lanes, was recommended to be approved by the Council. R 87-21 5. R & B Addition - Project #502. A petition was received for a feasibility report and detailed plans for R & B Addition under Project #502 just south of Duckwood Drive from the Town Center 70 Addition. It was recommended the Petition be received and that the feasibility report be prepared by the consulting engineer and that detailed plans also be prepared for the R & B Addition storm sewer project. 6. Lexington Square 5th Addition - Final Plat. The recommendation was made that the final plat application of Lexington Square 5th Addition be approved, subject to compliance with all City ordinances. R 87-22 7. Lexington Square 7th Addition - Final Plat. The final plat application for Lexington Square 7th Addition was submitted and the staff recommended approval by the Council, subject to compliance with City requirements. R 87-23 8. LeMay Lake Hills - Replat - Final Plat. The LeMay Lake Hills replat application was submitted and subject to compliance with all City ordinance requirements, it was recommended that it be approved. R 87-24 9. Royal Oak Circle 3rd Addition - Final Plat. The application for final plat approval of Royal Oak Circle 3rd Addition came on next to the City Council for approval. It was recommended that the application be approved subject to City ordinance compliance. R 87-25 10. Town Centre 100 3rd Addition - Final Plat. The application of Federal Land Company for final plat approval of Town Centre 100 3rd Addition came to the City Council and the staff recommended approval. R 87-26 11. Election Judges Appointment. A schedule of proposed election judges for the special fire bond referendum scheduled for May 28, 1987 was submitted and recommended to be approved by the City Council. Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items and authorize the staff to implement each of them. All members voted affirmatively. 4 Council Minutes April 21, 1987 - t EAGAN HILLS FARM - PROJECT #491 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding Project #491 consisting of the trunk, utilities and street improvements for the Eagan Hills Farm project. Tom Colbert opened the hearing and Mark Hanson described the project in some detail. The project provides for the construction of trunk sanitary sewer, water main, storm sewer and collector streets to serve the Eagan Hills Farm planned residential development. Eagan Hills Farms includes two plats called Bridle Ridge and Stone Bridge located south of Wescott Road and west of Dodd Road. The two plats comprise a total of approximately 220 acres with Bridle Ridge containing 203 lots and Stone Bridge containing 196 lots. Mr. Hanson indicated the project is feasible and reviewed each of the aspects in detail, including costs and proposed assessments. Councilmembers were concerned about keeping the lakes at a desirable and constant level and there was discussion concerning the estimated revenue from the assessments, and the deficit that's projected. Myron Hanson of 4015 Dodd Road appeared and had questions about water main assessments, noting the triangular shape of his parcel. Another resident of Dodd Road had questions about assessments also. There were no objections to the project. Councilman Wachter raised questions about the deficit in the street construction portion and Mr. Colbert noted that direct access to a collector street is limited, reducing the amount of assessable frontage and the major street fund is intended to pick up park land assessments. There was a question also about an EAW and it was understood that there had been negative comments. Country Hollow Addition, east of Dodd Road, is scheduled to be considered at the April 1987 Advisory Planning Commission meeting, which is a tentative tie in to the sanitary sewer outlet. If that addition is not approved, revisions will, be required for the project. Mr. Colbert noted a 36 foot wide street, rather than 44 foot is being proposed for Elrene Road and also proposed MSA financing is being used for the community collector street. Councilman Smith expressed concerns about the rear yards backing onto Elrene Road, and Rod Hardy, a developer, was present and explained the steps that will be taken to improve the site view along Elrene Road. Additional plantings and a development plan will be submitted and approved by the City. A request was made to acquire a similar commitment from the developer to the east and also to consider deed restrictions to assure compliance. Egan moved, Wachter seconded the motion to close the hearing, to order in the improvements, and to authorize the plans and 5 Council Minutes April 21, 1987 - specifications, and in addition to assure that there are adequate landscaping plans along Elrene Road with approval by the City staff. All members voted in favor. EAST WESCOTT ROAD - PROJECT #494 - PUBLIC HEARING The next public hearing convened by the Mayor dealt with Project #494 consisting of East Wescott Road street and utility improvements. Tom Colbert and Mark Hanson explained the project and it was noted the project provides for the upgrading of Wescott Road for 1.44 miles to a 52 foot width, four-lane, from one-half mile east of Lexington Avenue to Dodd Road. The westerly one-half mile presently includes a 24 foot wide gravel road, while the easterly section has been partially upgraded to its ultimate width. Ken Gangl, 700 Wescott Road, appeared but there were no objections to the project. After further discussion and questions, Smith moved, Ellison seconded the motion to close the public hearing and order in the project as proposed and to authorize the preparation of the detailed plans and specifications by the consulting engineer. All members voted yea. ROYAL OAK ADDITION - PROJECT #432 - FINAL ASSESSMENT HEARING The final assessment hearing regarding Royal Oak Addition, Project #432 was convened by the Mayor. It was explained that the notices were not properly distributed and therefore, the recommendation was made and Egan moved, Wachter seconded the motion to continue the final assessment hearing for Project #432 until the May 5, 1987 regular council meeting at 7:00 p.m. All voted yea. WINDTREE 5TH & 6TH ADDITION - PROJECT #462 FINAL ASSESSMENT HEARING The notices regarding the final assessment hearing under Project #462 had not been properly published and therefore, Ellison moved, Wachter seconded the motion to continue the final assessment hearing for Project #462 consisting of Windtree 5th and 6th Additions street and utility improvements, until the May 5, 1987 regular meeting. All members voted yes. CRESTRIDGE LANE - STREET VACATION The public hearing, regarding the vacation of a portion of Crestridge Lane adjacent to the proposed Pinecrest Addition was next convened by the Mayor. After description by Public Works Director Colbert, noting there were no objections, Wachter moved, Egan seconded the motion to close the public hearing and approve the vacation of a portion of Crestridge Lane as provided in the legal description. All councilmembers voted yes. 6 Council Minutes April 21, 1987 - BRITTANY 9TH ADDITION - PROJECT #459 - FINAL ASSESSMENT HEARING The final assessment hearing regarding Project #459 consisting of street and utility improvements for Brittany 9th Addition was convened by the Mayor. Noting that the public hearing notice was not published in the legal newspaper, upon motion by Egan, seconded Ellison, it was resolved that the public hearing be continued until the May 5, 1987 regular council meeting at 7:00 p.m. at the Municipal Center. All members voted in favor. NSP SUBSTATION - LANDSCAPE PLAN REVIEW The landscape plan review for Lot 10, Block 2, Eagandale Center Industrial Park No. 3 consisting of an NSP substation next was brought to the Council. Dale Runkle briefly described the proposal and Bob Burg of NSP explained the plan to the councilmembers. The city landscape architect reviewed the plan with some recommendations for revisions with additional landscaping. There were no objections and upon motion by Egan, seconded Wachter, it was resolved that the Council approve the landscape plan as submitted by NSP with further study of the Council concerns. All members voted in favor. Mr. Burg questioned whether blacktopping would be required because of very heavy transformers that are moved in periodically. He requested a gravel entry street, rather than blacktop. Because of erosion control, dust control and aesthetic issues, the Council directed the blacktopping requirement to be adhered to. EAGANDALE CENTER INDUSTRIAL PARK NO. 8 - FINAL PLAT The application for approval of Eagandale Center Industrial Park No. 8 final plat came before the City Council. There being no objections, Wachter moved, Egan seconded the motion to approve the application, subject to compliance with City requirements. All voted yes. R 87-27 BLACKHAWK PLAZA - CONDITIONAL USE PERMIT The application of Blackhawk Plaza, Inc. for conditional use permit to allow gas pumps and service bays on separate lots in the Blackhawk Plaza Shopping Center came next to the City Council. The Advisory Planning Commission held its public hearing on February 26, 1987 and recommended denial of the application. At the March 17, 1987 City Council meeting, a conditional use permit was considered and the Council after hearing the neighbors and the applicant, moved to continue the application until the April 7, 1987 meeting. At 7 Council Minutes April 21, 1987 - that meeting, Mr. Peter Stalland, attorney for the applicant, cited certain issues and the City Council continued the application to the April 21, 1987 meeting to allow City staff and neighbors to hold an informational meeting, further review of the overall development plans, and a review of certain legal issues involved. Tom Hedges described the application and some of the background information, including the fact that when the preliminary plat application was originally approved in 1985, that although there is no provision that the service station with service bays and gas pumps will be located on Lot 5, it was the understanding of the City Council, staff and adjacent neighborhood residents, that the service station was to be placed on Lot 5. In addition, a conditional use permit was approved with specific conditions regarding the service station which indicated its location on Lot 5. A neighborhood meeting was held on April 16, 1987 with approximately 25 people in attendance. Landscaping and grading of the site, the gas pumps and how they'd be affected by the new road right-of-way and alignment of Blackhawk Road were the principal items of discussion. Dale Runkle described some of the issues involved, including the closeness of the gas pumps to the residential area, the drainage to the property to the north, the berming, the lighting, and certain other neighborhood concerns. Mr. Colbert described the landscaping and noted that a berm of only 3 feet in height along the 8 foot trailway can be installed. Peter Stalland and Steve Ramsey were present and had certain questions of the City Council and staff members. Mario Sallas, a resident on Kathryn Circle, and a relatively large number of property owners were present. One resident suggested that Code 52.08 applied to gasoline which is an explosive and should not be located within 400 feet of a residential district. Councilman Egan questioned the stacking distance, width between the pumps and the traffic flow problems. Mr. Colbert indicated that stacking and the width between the pumps had not been officially reviewed, and noted that several designs had been reviewed by the staff. The architect for the project was also present and stated that the canopy cover is 15 feet from the building. Councilman Wachter made the following comments and objections: 1. The area in which the pumps are now intended to be placed, was originally intended as a driveway for service vehicles to the rear of the building. 2. A hazard would be created in having to move trucks around the building past the gas pump area. 8 Council Minutes April 21, 1987 3. There would be a safety hazard for pedestrians in the general area where the pumps would also be present. 4. It was Mr. Wachter's opinion that there had been an agreement as to the location of the service station and opposed a change. Mayor Blomquist mentioned the following concerns: 1. A conditional use permit is already granted for the service station location. 2. The shopping center building is too close to the street to accommodate the gas pumps. 3. There is not sufficient area for the driving radius around the gas pumps. 4. Had the pumps been designated in that design location originally, the Council would have required the building to be moved to the east. 5. The City Council members fought for the Diffley Road opening with the County and that location is a logical location for the service station. 6. The Diffley Lot 5 location would be a safer location for gas storage also. 7. There would be more stacking room on the Lot 5 area. 8. There would be potentially greater parking available in the Lot 5 area. Darold Anderson, architect for the applicant, made a presentation concerning the traffic circulation. He described the by-pass lane around the back of the shopping center building, the two pumps, one on each island offering greater stacking room, the fact that the service to the rear had not been disturbed and that the applicant intends to increase the green space to the west end of the building near the gas pumps. He also noted that the entry elevation is about 825 feet and may rise about 2 feet, and floor elevation is 830 feet at the west end of the building. This would provide for a 3 foot berm on Blackhawk Road at the entry location. Mr. Anderson also explained that two-way traffic would be allowed around the building. The distance between the pumps will be 24 feet and two vehicles could be serviced on each side of each pump. 9 Council Minutes April 21, 1987 c;'^=-x A Pump and Meter, Inc. representative was also present for the applicant and made comments regarding the project. There were also objections to the effect that there may be stacking in the 24 foot roadway causing obstructions, any car could be allowed to approach any pump at any time which could cause some confusion, trucks circulating around the gas pumps may find it difficult to do so because of the tightness, the unloading of the tanker trucks would also create an obstruction of the 24 foot roadway, there are no connected service bays as was the original intention of the ordinance and obstructions in the 24 foot roadway could create safety, including police and fire problems. After extended discussion and explanation by the applicant and its representatives, Smith moved, Wachter seconded the motion to deny the application for the reasons stated above and more specifically provided in the Blackhawk Plaza Resolution, a copy of which is attached to these minutes. 1. A conditional use permit was already granted by the City Council when the preliminary plat was approved for the location of the service station on Lot 5, and it was deemed inappropriate to revise the location according to the proposal in the current conditional use permit application. 2. Had the current location been applied for in the original conditional use permit application, the City Council would not have approved it because of safety and traffic circulation issues. 3. The current plan constitutes a material change in the original plan from the full-service station to gas pumps at a convenience store and separated service bays. 4. The City ordinance for a Neighborhood Business district requires service stations with service bays and this is not what is being applied for under the current application. 5. There are other more appropriate sites within the development that could be the location for gas pumps and service bays with considerably better traffic circulation and fewer safety issues. 6. The neighboring residents and the City Councilmembers were lead to believe that there would be adequate berming and the three foot screening being proposed is not adequate according to the original plan approved by the Council, and designated by the developer in the original plan. 7. A serious safety issue arises with traffic entering and exiting the development from Blackhawk Road as it would be very close to the gas pump access location. 8. Trucks coming into the shopping center from Blackhawk Road and also going around the 24 foot service road would create a traffic and safety problem near the gas pumps. 10 Council Minutes 17 April 21, 1987 9. The tanker trunks unloading gas for the gas pumps would create obstructions in the traffic on the 24 foot service road. 10. There does not appear to be adequate stacking distance or driving radius for the automobiles in and near the gas pumps, particularly if there are any trucks that are being refueled. 11. The shopping center building is located too close to Blackhawk Road to accommodate gas pumps between the building and Blackhawk Road and had the applicant requested the Blackhawk Road location in 1985, the Council would not have considered approval without moving the building easterly. 12. There is insufficient driveway radius for vehicles coming through the gas pumps. 13. The most appropriate location for the gas pumps for traffic circulation purposes, stacking, safety purposes and adequacy of parking, is along Diffley Road in the area of Lot 5. 14. The City had relied upon a full width entry driveway and the canopy intrudes on part of the driveway, causing a driveway and setback obstrsuction. Councilman Ellison spoke in favor of the application and asked the developer if the application is rejected, would the developer place the service station on Lot 5? Mr. Stalland stated the developer would not be willing to move the gas pump location. Mayor Blomquist stated the main issues were safety and traffic and the service bay issue was not the most important issue, as recited by Mr. Stalland. Mr. Stalland further indicated that the staff had reviewed three plans and was most favorable to the current plan. John Wills of Kathryn Circle appeared and was concerned about fire vehicles in back of the building if a hazard occurs., The comment made by Mr. Voss regarding, GB zoning in the BBD report was cited by Mr. Stalland and Councilmembers indicated that Mr. Voss was not up to date with the intent of the City Council. Mr. Smith reiterated that there are better locations on the site preferable from a safety standpoint. Mr. Wachter also noted that the actual development may create more serious safety issues than would appear on the plans. Mr. Ellison stated, however, that it was his opinion that the safety problems were not as great as the Yankee Square Tom Thumb gas pump location, which he strongly opposed. Those in favor were Wachter, Blomquist, Smith and Eagan; against was Ellison. TEMPORARY ADVERTISING SIGNS The City Administrator then discussed with the City Council the proposal of the Council to disallow off-site advertising signs on major intersections throughout the City. For the past 15 months, 11 Council Minutes April 21, 1987 - the City Council has explored possible methods to reduce or consolidate off-site temporary advertising signs that provide information and direction for residential plats and developments throughout the community. The Developer's Task Force has reviewed several different options for restricting and regulating the size and location of off-site temporary advertising/directional signs and presented other findings to the City Council workshop session. At that special City Council workshop session, it was determined by the Councilmembers that off-site temporary advertising signs should be disallowed and the developers be encouraged to utilize the media for direction in advertising and further, that off-site advertising would be allowed according to present City Code regulations. The City Attorney's office submitted a proposed revision to the Ordinance to disallow off-site temporary advertising signs. Because of violations by developers, the unsightliness that has been created, the proliferation of signs on corners and the difficulty of regulation, the Council had determined that it would be advisable to eliminate the signs. Therese Murphy of Dominium Group appeared and suggested other alternates for advertising. Councilman Ellison stated that there are other methods and further that the plan is that such existing sign permits will eventually expire and be ordered to be removed. Rod Hardy of Sienna Corporation was also present and recommended the Developer's Task Force be permitted to review the proposal of the Council. Councilman Smith indicated that the proposal that had originally come from Councilman Ellison appeared to be a good suggestion but it became cumbersome to carry out. He recommended a moratorium on new applications and that the Task Force review and make recommendations to the City Council. Smith moved to declare a moratorium on allowing new temporary advertising sign applications and to refer the issue back to the Developer's Task Force with all concerns that the Council has had regarding the proposal and that the Task Force then review and make recommendations to the City Council. Wachter seconded the motion. All voted in favor. DOMINIUM GROUP - DIRECTIONAL SIGNS An application of Dominium Group for four 4' x 8' two- directional signs to be located near the intersection of Pilot Knob Road and Cliff Road, Thomas Lake Road and Cliff Road, Knob Hill Professional Park and Diffley and Thomas Lake Roads, came next to the Council for its consideration. Therese Murphy was present and the Council briefly discussed the previous action regarding directional signs. Egan moved, Wachter seconded the motion to continue the application until the Task Force responds to the Council and the Council has an opportunity to react to the proposal regarding directional signs. All members voted yes. 12 Council Minutes April 21, 1987 RAHN RIDGE ADDITION - WAIVER OF PLAT An application was brought to the Council by B. H. Grace Corporation for waiver of plat for Lot 6, Block 1, and Lot 3, Block 2, Rahn Ridge Addition requesting division of two duplex lots. Dale Runkle briefly explained the proposal and there were no objections. Egan moved, Ellison seconded the motion to approve the application, subject to compliance with all applicable City ordinances. All voted yea. R 87-28 EAGANDALE CENTER INDUSTRIAL PARK NO. 3 - VARIANCE An application submitted by 7-8-9 Company for variance for 20 foot side setback in an industrial area in the northwest corner of Lots 7 and 8 of Eagandale Center Industrial Park #3, for construction of a building was brought to the Council. Dale Runkle reviewed the application and Dennis Briguet was present. The purpose was to allow maximum flexibility for truck movement, according to Mr. Runkle and compliance with the ordinance is possible, but the proposal is more feasible. Ellison moved, Wachter seconded the motion, noting safety reasons were the basis for the hardship, to approve the application, subject to all other City ordinances. All voted affirmatively. HARVEY ADDITION - JERRY & DIANE GROTH The application of Jerry and Diane Groth for variance to allow a 10 foot deviation from the owner's property line for a single family residential unit located on Lot 5, Block 1, Harvey Addition, came to the City Council. The proposal is to construct a 30 foot by 26 foot garage in the back portion of the single family lot. Mr. Groth was present and Mr. Runkle gave a brief explanation. Wachter moved, Egan seconded the motion to approve the application, noting there were no objections, with the understanding that the neighboring owners will indicate that they have no objection, in writing. All members voted yes. BARTON McGRAY ADDITION - CONDITIONAL USE PERMIT AUTO BODY SHOP The application of Daniel Sjolseth for conditional use permit to allow motor vehicle repair and limited outdoor storage in a general business district on Lot 1, Block 1, Barton McGray Addition, near Highway #13 was brought before the Council. The Planning Commission recommended approval subject to certain conditions. The Planning Commission had concerns about visibility from the ramp from Highway #13 onto Cedar Avenue, according to Mr. Runkle. Mr. Sjolseth was present and answered questions of the City Council. 13 Council Minutes April 21, 1987 After discussion, Ellison moved, Egan seconded the motion to approve the application for conditional use permit subject to the following conditions: 1. The following items shall be approved by staff prior to issuance of a building permit: a. Internal storm sewer. b. Approval by MnDOT for storm water discharge into highway right-of-way. c. Appropriate utility easements. d. Black top parking lot with concrete curb and gutter. e. 30 foot wide entrance, face to face. 2. The fence shall be opaque and a natural color. 3. The revised landscape plan will be submitted with the building permit application, and approved by the staff. This plan shall be installed with the initial building construction. 4. All cars with damage in excess of $1,000.00 shall be covered until repaired. 5. There shall be no parts storage outside the building. 6. All conditional use permit requirements shall be complied with in order for the permit to continue. All voted in favor. EAGAN WOODHAVEN ADDITION - REZONING & PRELIMINARY PLAT An application was submitted by Eagan Woodhaven Partnership (Daniel Gustafson) for rezoning and preliminary plat for Eagan Woodhaven Addition. The proposal includes rezoning of 5 acres to R- 4 Multiple from A (Agricultural) zoning. The Land Use Map designates the area as D-IV Multiple, and the plat provides for 12.8 units per acre. Dale Runkle introduced the application and Dan Gustafson was present. Mr. Gustafson indicated the buildings would be 104 feet in length and spoke of preserving trees, including the evergreens and oak trees on the site. The driveway has been moved north to align it with the park entrance along Lexington Avenue. The APC recommended approval. Market studies, according to Mr. Gustafson, indicate the need for efficiency and one-bedroom units in Eagan. After review, Smith moved, Egan seconded the motion to approve the application for rezoning as requested. All voted aye. 14 Council Minutes April 21, 1987 Eagan moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. The 6 inch water main proposed by this development, the existing 4 inch water main in Lexington Place 2nd Addition, and the existing 6 inch water main in the Stuarts 1st Addition, shall be interconnected. 2. This development shall comply with the recommendations of the SWCD. 3. A culvert shall be provided under the entrance to this development. 4. The driveway access location to this development shall be in accordance with Dakota County Highway Department recommendations. 5. All applicable permits shall be acquired prior to final plat approval. 6. A 60 foot half right-of-way and a 20 foot slope easement for Lexington Avenue shall be required. 7. The appropriate ponding easement for Pond DP-18 shall be dedicated. 8. All proper utility and driveway easements as outlined in the staff report shall be dedicated. 9. This development shall be responsible for all additional assessment obligations associated with the development of this plat at the rates in effect at the time of final plat approval, including Lexington Avenue trailway. 10. All standard platting conditions shall be adhered to. 11. The plat name shall be changed and/or the project shall be marketed under a different name to avoid confusion with the existing Woodhaven Addition. 12. ' A financial guarantee shall be submitted for the landscaping and not be released until one year following the date of installation. 13. The trash shall be kept in closed containers in the tenants garage until the day of pick-up. 14. One covered garage space shall be included with the rent. 15 Council Minutes April 21, 1987 - 15. This plat shall be subject to a parks dedication fee. 16. Erosion control shall be complied with according to City requirements. All members voted affirmatively. SEE PLAT FILE HIDDEN VALLEY ADDITION - PRELIMINARY PLAT The application of Graham Development Company for preliminary plat approval for Hidden Valley Addition located north of Deerwood on the east side of Pilot Knob Road, was brought to the Council. Dale Runkle explained that the Advisory Planning Commission recommended approval subject to certain conditions and a number of neighboring property owners were present. Representatives of the applicant were also present, including Mike Gair, Planner. A neighborhood meeting had been held with the developer and it was noted a trail connection is being provided in the plat. A street connection is indicated, running to the north, and according to staff, it would be in a location that would be least disruptive to the adjacent property. There were no objections, and Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The grading plans in the area of Lots 2 and 3, Block 2 shall be revised to eliminate the drainage swales in their respective back yards. 2. The land locked low area in the south-central portion of the site and the low area along the north property line shall have outlets provided through the proposed storm sewer. 3. The proposed storm sewer shall be sized to handle the appropriate drainage areas. 4. An alternative to installing the 1200 feet of gravity sewer to the existing lift station on the east aide of Pond JP-6 may be installing a lift station on the Hidden Valley property. The feasibility of this lift station will have to be explored in depth. The lift station would then be sized to serve the Hidden Valley development and the adjacent Skovdale No. 2 property. 5. Street and utility stubs shall be provided to the appropriate adjacent properties. 6. An 8 inch water main rather than a 6 inch water main shall be installed. 7. The appropriate right-of-way and right of access shall be dedicated for CSAH 31 in accordance with Dakota County recommendations. 16 Council Minutes April 21, 1987 se 8. The grading plan shall be revised to adhere to the 8% maximum street grade criteria. Also, the 2% maximum entrance grade criteria shall be adhered to. 9. A 20 foot slope easement shall be required along Pilot Knob Road. 10. All appropriate utility easements shall be obtained and dedicated. 11. This development shall be responsible for obtaining all appropriate permits prior to final plat approval. 12. All standard platting conditions shall be adhered to. 13. An erosion/sediment control plan in accordance with SWCD shall be provided. 14. A variance shall be granted for the cul-de-sac in excess of 500 feet. 15. This plat shall be subject to the recommendations of the Advisory Park and Recreation Commission. 16. The developer shall provide a trailway into the proposed park property from the public street. 17. The preliminary plat shall be re-noticed for public hearing before the City Council. 18. The developer shall have a neighborhood meeting with the neighbors prior to the City Council meeting. 19. The flooding of the Staff property by the storm pond shall be reviewed by City staff prior to the City Council meeting. 20. The developer shall advise all potential buyers of the lots, about the Williams Brothers Pipeline existence. All councilmembers voted yes. SEE PLAT FILE SILVER BELL 2ND ADDITION - PRELIMINARY PLAT AND CONDITIONAL USE PERMIT An application was .submitted on behalf of Dallas Development Company for preliminary plat approval and conditional use permit for an automobile service center, restaurant and 103,000 square foot office/showroom at Silver Bell Road and Highway #13. Bernie Frey, representing the applicant, requested that the applications be withdrawn at the present time and that the Company is planning to 17 Council Minutes April 21, 1987 address the concerns of the Planning Commission and resubmit the application for further consideration. Councilmembers generally expressed favorable comment about some commercial uses in the location because of its proximity to Highway #13. Egan moved, Wachter seconded the motion to acknowledge the request of Dallas Development Company and to remove the preliminary plat application and the conditional use permit application. All voted yes. SEE PLAT FILE SOLID WASTE COLLECTION STUDY The Solid Waste Abatement Commission, according to Mr. Hedges, has met on numerous occasions to study different issues related to the solid waste abatement mandate that cities must comply with by 1990. A recommendation was made to the Council that an organized collection study was performed by a consultant and an RFP has been prepared by Assistant Administrator Hohenstein, entitled "Organized Residential Refuse Collection Study Consulting Services for the City of Eagan". Smith moved, Ellison seconded the motion to accept the recommendation of the Solid Waste Abatement Commission and proceed with the request for proposals for organized residential refuse collection study consulting services. All members voted yea. PUBLIC IMPROVEMENT CONTRACTS The following public improvement contracts were submitted to the Council's review and recommended by the staff to be approved: 1. Contract #87-6 - Pilot Knob Road - Trunk Storm Sewer. It was recommended that the low bidder, S. J. Louis, in the sum of $252,249.85 be awarded the contract, under City Project #473. 2. Lone Oak 2nd Addition - Contract #87-7. The street and utility improvements under Contract #87-7 consisting of Lone Oak 2nd Addition was brought and the low bidder on the project was F. F. Jedlicki in the sum of $421,184.70. It was recommended the low bidder be awarded the contract. 3. Ashbury Road - Contract #86-3. It was recommended that Contract #86-3 covering Ashbury Road street and utility improvements be approved and that the improvements be accepted for perpetual maintenance. 4. Birch Park Addition - Contract #85-10. The recommendation was made by the staff to approve Contract #85-10 consisting of Birch Park Addition streets- and utility improvements and accept the project for perpetual maintenance purposes. 18 Council Minutes April 21, 1987 - 5. Wyndham Corporate Center - Contract #86-11. A recommendation was made by the City staff to the City Council that it approve the 4th and final pay request for Contract #86-11 covering the Wyndham Corporate Center utility improvements to J. P. Norex Incorporated in the amount of $11,064.36 and accept for perpetual maintenance the improvements under the project. Wachter moved, Egan seconded the motion to approve the foregoing recommendations and authorize their implementation. All voted yea. LAKESIDE ESTATES PARK City Administrator indicated that there were residents present in the area of Atlantic Hills Drive who submitted a letter objecting to the City's proposed backstop to be located in the park. He gave some of the background regarding the proposed park improvements and noted the Advisory Parks and Recreation Commission is supporting the backstop with the understanding there will be no organized baseball or softball played on that field and the use of the field is intended for small children residing in the Lakeside Estates neighborhood. Doug Dahl and other residents were present as well as Carolyn Thurston and Chairman Roger Martin of the Eagan Advisory Parks Commission. Mr. Dahl stated that he felt the neighbors were unable to give proper input to the Commission or to the park staff. He objected to the softball field being oriented toward his house and argued that trees would have to be removed unnecessarily. The park commission members indicated that trees intended to be removed are not of a desired species and Roger Martin noted that the proposal is for a neighborhood park for non-scheduled games. Mr. Hedges portrayed a drawing of the proposal and some neighbors claimed that they had not been given adequate notice of the meeting to discuss the plan. Councilman Ellison opposed ball fields in this location and favored a passive park. Chairman Martin noted that some neighbors had earlier asked for active play area and therefore, there was not consensus in the neighborhood. Wachter moved, Egan seconded the motion to refer the issue back to the Advisory Park Commission for review and further recommendation, and that an attempt be made to involve as many of the neighborhood residents as possible with no further development in the park until the final Council decision. All voted yes. 19 Council Minutes April 21, 1987 - e 1980 LAWCON/LCMR GRANT APPLICATION Director of Parks and Recreation Ken Vraa was present and requested approval to submit a preliminary grant application for the 1988 Lawcon/LCMR Grants Program. The grant would be submitted for the development of Blackhawk Park and the deadline is May 4, 1987. Egan moved, Wachter seconded the motion to approve the submission of a preliminary grant application for the development of Blackhawk Park with the State for Lawcon/LCMR funds. All voted yea. BASEBALL CONCESSIONS The Eagan Bluejays of the Cannon Valley Baseball League and Minnesota Baseball Association requested permission to operate a portable concession stand during the 13 weekend games at Goat Hill Park. The concessions would not include alcoholic beverages, but would be for pop, candy, chips and related items. Smith moved, Ellison seconded the motion to approve the request for special permission to allow the sale of non-alcoholic concessions for 13 weekend games but that the Council would not condone the selling or giving away of beer in the City park, according to City policy. All voted in favor. AIRPORT POSITION PAPER The City Council at its workshop meeting on April 13, 1987 reviewed a position paper prepared by Administrative Assistant Hohenstein regarding air traffic noise. A revised position paper was included with the packet material. Egan moved, Wachter seconded the motion to approve the position paper as presented and modified. All voted yes. WINDTREE 8TH ADDITION - PROJECT #503 A petition has been submitted for Project #503 consisting of street and utility improvements in Windtree 8th Addition and upon motion by Egan, seconded by Wachter, it was resolved that the petition be received and the consulting engineer be authorized to prepare the feasibility report and detailed plans and specifications. All voted yes. CITY LAKE CLEANUP Public Works Director Colbert requested direction from the City Council concerning his request that the maintenance staff be authorized to clean up around certain City lakes due to the fact that the water level is very low in the lakes. The Council directed the work to be done around some of the more visible lakes along major streets. 20 Council Minutes April 21, 1987 - STREET LIGHTS IN COMMERCIAL SUBDIVISIONS Mr. Colbert explained to the City Council that developers in commercial subdivisions have been increasing their request for installing street lights, but that the street light design be chosen individually by the commercial developers. Councilmembers expressed no opposition, but directed the staff to set up a reasonable policy concerning the street lights because of the potential for future maintenance by the City and the need for uniformity in street light design. JAMES UNKER - APRIL 7, 1987 MINUTES A request was made on behalf of James Unker for revision to the conditions regarding his application approved at the April 7, 1987 meeting. Upon motion by Egan, seconded Blomquist, it was resolved that the minutes be changed to reflect the recommendations of the staff regarding the revised conditions. All voted yes. LAWSUIT REVIEW City Attorney Paul Hauge reviewed some of the existing lawsuits with the City, including the Bieter Company case, the O'Neil case, and the case recently tried in Dakota County District Court entitled Tom Thumb vs. City of Eagan. CHECKLIST Wachter moved, Blomquist seconded the motion to approve the checklist dated March 31, 1987 in the amount of $413,228.69 and All voted yes. April 21,1987 in the amount of $610,658.03. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:45 p.m. All voted yes. PHH City erk 21