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04/15/1986 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 15, 1986 A regular meeting of the Eagan City Council was held on Tuesday, April 15, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Hedges, Assistant City Engineer Hefti, Consulting Engineers Bob Rosene and Mark Hansen, City-Planner Runkle and City Attorney Paul Hauge. AGENDA Ellison moved, Egan seconded the motion to approve the Agenda as prepared. All voted yea. MINUTES April 1, 1986 - Regular Meeting. Upon motion by Wachter, seconded Egan, it was resolved that the minutes be approved with the exception on page 1 that the name is Erharf rather than Gerhard. All voted yes. March 26, 1986 - Special Meeting. Egan moved, Wachter seconded the motion to approve the special meeting minutes. All voted in favor. TAX ABATEMENTS Bill Peterson of the Dakota County Assessor's office was present and recommended approval of two real estate tax abatements including the following: Jeffrey and Penny Taylor parcel #10-56701-050-04, market value to be reduced from $109,300.00 to $95,900.00; and R. Sinikas parcel #10-21900- 400-01, market value to be reduced from $114,800.00 to $93,600.00. Smith moved, Ellison seconded the motion to approve the recommendation. All voted yes. TAX INCREMENT FINANCING - ECONOMIC DEVELOPMENT COMMISSION City Administrator Tom Hedges introduced to the City Council the recommendation of the Eagan Economic Development Commission which is directed by the Council to review the use of tax increment financing and report its findings along with a recommendation to City Council. The Commission had several meetings and a resolution was prepared for the Commission's 1 Council Minutes April 15, 1986 consideration on April 2, 1986. A resolution in support of the use tax increment financing was submitted and recommended to be used as a business financing tool on a case by case basis and that educational opportunities be given to interested people and business persons in the City, together with a set of criteria recommended to be prepared for use by the City Council in its determination whether to grant such financing. Councilman Ellison had questions about the Commission's activities ana the background of the recommendation. Larry Wenzel, Chairman of the Commission was present and was asked questions regarding the basis for the conclusion by the Commission members. Councilman Ellison recommended that guidelines be prepared before the Council vote on the recommendation. There was considerable discussion and a recommendation by Councilmember Smith that the criteria be minimum criteria for the application, rather than minimum criteria for approval of such an application. Councilman Wachter stated he was opposed to the broad approval of tax increment financing. The Mayor thanked the members for their work on the issue. Councilman Smith moved, Wachter seconded the motion to defer action on the Resolution and direct the staff to schedule a public workshop with the members of the Planning Commission and the Economic Development Commission and request that the Development Commission prepare proposed guidelines for Council consideration. Councilman Egan stated that criteria in paragraph 4 of the recommendation could be included in such a proposal. All members voted yes. BURNSVILLE-EAGAN CABLE COMMISSION Ralph Campbell was present and answered Councilman Smith's question why the Cable Commission would not negotiate changes in the franchise agreement before approving the transfer. Mr. Campbell stated there is an attempt to convince the buyer that the Burnsville-Eagan Franchise is a separate system ana noted there are two separate sales, one from Westinghouse to a group of five companies and a second as a possible transfer to a third party which is of most concern. CONSENT AGENDA The following consent agenda items were submitted for consideration and recommended to be approved: 1. Personnel Items. a. Engineering Tech II. It was recommended that the Council approve the appointment of Bruce Allen as Engineering Tech II with the appointment effective May 1, 1986 and contingent upon successful completion of the City's physical examination requirement. b. Park Maintenance Worker. The staff recommended the appointment of two Park Maintenance workers for the City of Eagan contingent upon successful completion of the City's physical examination requirement, including Steven Haden and Gary Skogstadt. 2 Council Minutes April 15, 1986 2. Purchasing Limit Guidelines. It was noted that the City has not amended its purchasing policy to conform with State law which now allows that quotations be received for up to $15,000.00 and that the City advertise for sealed bids beyond that amount. It was recommended that such an amendment be authorized for City policy guidelines. 3. Clearview Addition - Streets - Project #472. It was recommended that a feasibility report for Project #472 be received and that a public hearing be scheduled for May 6, 1986 at 7:00 p.m. at the Eagan Municipal Center. 4. Eagandale LeMay Lake- 2nd Addition - Project #474. The feasibility report has now been prepared for Project #474 and it was recommended it be received and the Council schedule a public hearing at the Eagan Municipal Center at 7:00 p.m. on May 21, 1986. 5. Wescott Hills 4th Addition - Easement Vacation. A Petition had been received from John Houston requesting a vacation of several common lot line drainage and utility easements within Wescott Hills 4th Addition to accommodate the development of Wescott Townhomes. It was recommended that the Petition be received and that a public hearing regarding the vacation be scheduled for 7:00 p.m. at the Eagan Municipal Center on May 6, 1986. 6. Greensboro Addition - Grading Permit #EX14-036. It was recommended that the application for grading permit #EX14-036 for the Greensboro Addition be approved subject to compliance with City requirements. 7. Eagan Center Addition - Final Plat. The application of final plat approval for Eagan Center Addition submitted by James Curry was recommended to be approved by the Council and to authorize the Mayor and City Clerk to execute the related documents. R 86-18 8. Sunset 7th Addition - Final Plat. The application of Calvary Memorial Church for final plat approval of Sunset 7th Addition was recommended to be approved by the City Council members. R 86-19 9. Water Quality Management Plan - Consulting Services Agreement. As a part of the 1986 approved budget, the Council allocated funds necessary to prepare a comprehensive water quality management plan for the City. It was a requirement of the Pollution Control Agency as part of the City stipulation agreement executed in February of this year. The plan requires compilation of an inventory of all existing lakes, ponds, drainage basins and wetlands and it was recommended that an agreement be entered into with the Dakota County Soil and Water Conservation District which would prepare the wetland inventory with a cost of approximately $8,000.00. It was recommended that the Contract be approved. A representative of the Soil and Conservation District was present to answer questions of City Council members. She indicated that only existing soil information would be utilized in the inventory. Wachter moved, Egan seconded the motion to approve all of the foregoing consent agenda items as described. All voted in favor. 3 Council Minutes April 15, 1986 r 0112 4 TOWERVIEW ROAD - STREET IMPROVEMENTS - PROJECT #469 Mayor Bea Blomquist convened the public hearing regarding Project #469 relating to Towerview Road street improvements. City Administrator Tom Hedges briefly introduced the project and Assistant Public Works Director Rich Hefti and Consulting Engineer Mark Hansen, detailed the project for the councilmembers and the audience. The area in question is east of Pilot Knob Road and two alternates were proposed. The second alternate would provide for a water main and improved surfacing east of Quarry Lane. The proposed assessments and costs of the-project were detailed by Mr. Hansen. Bill Lunka appeared and objected to the improvements. Harold Wachtler, an owner on Towerview Road, was concerned about the types of curbs to be installed. Mr. Hansen recommended surmountable on the north and nonsurmountable to be consistent with the other curbs on the south side. The owners present generally opposed the grading until the homes on the north side of Towerview Road are built. David Bartosh favored the proposal without the construction of the improved street east of Quarry Lane, which was generally true of those residents present. It was noted that the extension portion east of Quarry was a condition of approval of the Holmes Addition, but it was not mandatory that it be done at the present time. Paul Holmes stated that all affected owners opposed the construction east of Quarry Lane. There were questions about which parcels would be assessed and it was noted that only those parcels that abut the improvements would be assessed. After extended discussion, Smith moved, Wachter seconded the motion to close the hearing, to delete the alternate street improvements to the east of Quarry Lane, to approve the project and authorize the preparation of plans and specifications with the understanding that the bias will be advertised for potential construction in the spring of 1987. All members voted yes. GREENSBORO ADDITION - STREET & UTILITIES - PROJECT #470 The next public hearing convened by the Mayor concerned Project #470 including street and utility improvements in the Greensboro Addition. Mark Hansen again detailed the report for the City Council members including the costs and projected assessments. A representative of the developer was present and there were no objections. After review, Egan moved, Ellison seconded the motion to order in the project and authorize the preparation of plans and specifications. All councilmembers voted yes. 4 Council Minutes April 15, 1986 y 0125 WEST SERVICE ROAD - STORM SEWER - PROJECT 4471 The Mayor then convened the public hearing regarding Project #471 including storm sewer improvements on the West Service Road. Mark Hansen stated that Northwestern Mutual Life Insurance Company is the primary owner of the abutting parcels and that the parcel is an extension of the storm sewer intended to be installed to the south under Project #458. A representative of the owner of the adjacent property was present and there were no objections to the proposal. Wachter moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications, contingent however, upon the decision by the City Council at a hearing concerning the preliminary assessment roll and a determination regarding the assessments before proceeding with the project. All members voted yea. BRIAR HILL 4TH ADDITION - TOT LOT EASEMENT VACATION A petition had been received from Tollefson Builders, Inc. to vacate a tot lot easement in Briar Hill 4th Addition over Lot 15, Block 1. The hearing was commenced and Mr. Hefti described the vacation and an owner affected by the vacation was present and spoke in favor. After discussion, Egan moved, Wachter seconded the motion to close the public hearing and approve the vacation of the tot lot easement over Lot 15, Block 1, Briar Hill 4th Addition and authorize the related documents to be signed and recorded. All voted in favor. BRIAR HILL 4TH ADDITION - TRAIL EASEMENT VACATION The next public hearing concerning an application from Tollefson Builders to vacate a trail easement over the common lot lines of Lots 27, 28, 29 and 30, Block I of Briar Hill 4th Addition was convened by Mayor Blomquist. The vacation was required because it is located in the middle of an existing four- unit townhouse. There were no objections. Smith moved to close the hearing and to approve the vacation of the trailway easement and authorize the signing and recording of the applicable documents. All councilmembers voted affirmatively. BRITTANY 7TH ADDITION - UTILITY EASEMENT VACATION The Mayor next convened the public hearing regarding vacation of a portion of an existing sanitary sewer easement located along the north line of Lot 5, Block 2, Brittany 7th Addition. The easement, according to Mr. Hefti, was requested because of the fact that the existing structure was built within a portion of an existing easement and the staff recommended the hearing be continued until May 6, 1986 for formal consideration because the soil correction work had not been completed. Egan moved, Wachter seconded the motion to continue the public hearing until the May 6, 1986 regular meeting at 7:00 p.m. All voted yes. 5 Council Minutes April 15, 1986 1986 FIRST-TIME HOMEBUYERS BOND PROGRAM Tom Hedges reviewed with the City Council the proposal for the sale of a bond issue for first-time homebuyer mortgages. The Council has discussed the issue at its April 1, 1986 meeting authorizing the use of residuals from the 1980 Eagan Single Family Program up to $300,000.00 with the understanding that points to secure a mortgage will not be below 1.5% of the new mortgage amount. It was noted that Eagan will have about $12.5 million available for the program with the original application of $10 million. Paul Ekholm of Miller Schroeder was present, as was Mark Ulfers, the Dakota County HRA Director. Councilman Ellison was concerned about the using of residuals to write down the points and noted the money would not then be available at a later time. There was discussion concerning the second mortgage concept which must be approved by the rating agencies, HUD and the Veterans Administration. After discussion, Smith moved, Egan seconded the motion to approve the criteria that was provided in the letter from Paul Ekholm to Mr. Hedges dated April 10, 1986 for the 1986 First-Time Homebuyers Program, including the restriction that no one developer would receive more than 25% of the proceeds nor more than 25% shall be allocated for any single subdivision all as more particularly described in the criteria detailed in the letter described above. All councilmembers voted yes. SUN CLIFF FOURTH ADDITION - LOT 5, BLOCK 3 - VARIANCE An application for a two foot variance to 10 foot side-yard setback requirement for Lot 5, Block 3, Sun Cliff Fourth Addition came to the Council. The question had been raised by the City Council at its last regular meeting as to whether the action taken by the City Council may have disallowed variances within Sun Cliff Fourth Addition. Tom Hedges indicated there is no record of excluding consideration of variances within that Addition, and Ellison moved, Smith seconded the motion to approve the application as requested by Wesley Construction Company. All members voted in favor except Egan who voted no. CATHY SPORTELLI - CONDITIONAL USE PERMIT - DAY CARE An application of Cathy Sportelli for conditional use permit to allow day care facility for 11 or more children, located on Lot 4, Block 1, Drexel Heights Addition was brought to the Council. Dale Runkle briefly explained the application and the applicant was present. There were no objections and the Advisory Planning Commission recommended approval. Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. All State of Minnesota requirements shall be met. 2. Fencing shall be provided if the children are allowed to be outside. 3. All other applicable ordinances shall be complied with. All voted affirmatively. 6 Council Minutes April 15, 1986 MARK & DAWN SIMPSON - TEMPORARY PARKING - SPECIAL PERMIT An application from Mark and Dawn Simpson for temporary parking of four trailer homes on their property east of Lexington Avenue, south of Northview Park entrance, was brought to the Council for its consideration. The Simpsons were present and Dale Runkle explained the application very briefly. There were no objections. It was noted also that a similar application had been approved for 1985 at the regular council meeting on May 7, 1985. Egan moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. No more than four trailers and/or campers may occupy the site at any one time. 2. The trailers shall be removed by December 1, 1986. 3. The trailers shall be located a minimum of 30 feet from any property line. All members voted affirmatively except Blomquist who abstained. LIVING WORD CHURCH - SPECIAL PERMIT - JERRY LEWIS THEATER The application of Living Word Lutheran Church for special permit for one year temporary location for a church facility at the former Jerry Lewis Theater in the Cedarvale area was submitted to the Council. Dale Runkle stated that any proposed building structure changes will require approval from the City Protection Inspections Department and Fire Marshall. Representatives of the applicant were present and there were no objections. Egan moved, Ellison seconded the motion to approve the application subject to conformance with applicable City ordinances. All voted yes. SAFARI SECOND ADDITION - VARIANCE - DIEDRICH BUILDERS The application of Diedrich Builders for variance for 2.5 foot side yard and 10 foot front yard variance for Lot 6, Block 1, Safari 2nd Addition was submitted to the Council. There was discussion among Councilmembers regarding the potential for moving the house arouna on the pad. Councilmembers stated that it would be important that adjacent homes are not built out of proportion. Smith moved, Egan seconded the motion to approve the application subject to compliance with all other City Code requirements. All members voted yes. 7 Council Minutes April 15, 1986 i, 0128 RONALD & DONNA ROSA - WAIVER OF PLAT - DODD ROAD The application of Ronald and Donna Rosa for waiver of plat to divide a 5 acre Agriculturally zoned parcel into two separate 2.5 acre parcels for residential purposes on the west side of Dodd Road was discussed by the Council. Dale Runkle introduced the application and Councilman Smith recommended the owner plan the parcel for future subdivision of the two proposed lots because of the potential sewer and water in the future. After discussion, Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. No more lot splits shall be permitted on the site. 2. The applicant shall hook up with sewer and water at the time of availability. 3. The applicant shalt dedicate an additional 7 feet of land along Dodd Road for street right-of-way for a total of forty feet half right-of-way. 4. An overall development plan shall be submitted and reviewed by City staff prior to issuance of any building permits. 5. The applicant shall be responsible for trunk area water and storm sewer assessments at the rate in effect at the time of waiver of plat approval. All voted yes. FAIRWAY HILLS PROJECT - PRELIMINARY PLAT & REZONING The application of Derrick Land Company for preliminary plat proposed to contain 145 single family lots on approximately 60 acres and rezoning from A (Agricultural) to R-1 came before the Council for its consideration. The Advisory Planning Commission at its meeting on March 25, 1986 recommended denial of the application for several reasons. Dale Runkle introduced the project and discussed the proposed phasing, the circulation and access within the development, and the right-of-way width for the streets being proposed. The status of the park dedication for the entire area also was consiaered by the Advisory Planning Commission and the Park Commission. He further noted that it would be necessary to revise the Comprehensive Guide in the event that there is a change in the Comp. Guide for the land use from R-II to R-I. A presentation was made by a neighboring owner in Park Cliff Addition to the east who indicated that Eagan has an abundance of R-1 zoning and a shortage of estate zoned lots and suggested an alternate proposal be prepared. There was discussion about the extension of the golf course at some time in the future and the Park Cliff representative proposed increasing the minimum lot size to 16,000 square feet. 8 Council Minutes April 15, 1986 y O29 Dave Sellergren, attorney, appeared for Derrick Lana Company and noted the property is designated for an R-II land use and the objective is to vary the lot sizes, although all conform with minimum requirements. He further addressed the access issues, including proposed park and requested approval of Phase I with the cul-de-sac on the north-south road along the east line on a temporary basis and that the park acquisition issue could be resolved at a later time. He stated it would not be feasible financially to develop the lots within an estate zoning category. Councilman Wachter questioned the street widths and stressed the importance of making buyers aware of the set backs as proposed. Mr. Hefti stated the staff has no objection to the recommendation of the applicant as to street widths, although the standard 60 foot street widths would be preferable. Bill Maurer of Probe Engineering, the engineer on the project, discussed the County Engineering Department's proposals regarding temporary access and the long-term permanent access opposite Delores Lane and Rebecca Lane. It was noted that there is some uncertainty at the present time as to whether the storm water will flow to the north or to the west from the northwest corner of the parcel. Councilman Wachter favored some larger lots in the subdivision rather than simply conforming with the minimum lot sizes. Ken Vraa, Park Director, was present and discussed the potential 15 acre park site on the south side and stated that 5.9 acres could be acquired from the entire parcel. 139 sites were proposed on the northerly portion and a maximum of 28 more site on the south. Councilman Smith stated that generally the City does not grant a variance unless there are strong reasons to do so and was opposed to the lack of conformity of the street widths. Dave Sellergren noted the gas line easement, the large right-of-way for Pilot Knob Road and Cliff Road and the fact that the R-II land use allowed smaller lots. Councilman Egan moved to approve the application, subject to working out the park issue with the City Park Department and that there be no variance from the 60 foot right-of-way requirement. Councilman Egan then withdrew the application and moved to continue the application to the May 6, 1986 regular meeting to allow the staff and applicant to consider revision to the right-of- widths and to submit the revised plan to the City Council for its consideration. Smith seconded the motion and all voted affirmatively. SEE PLAT FILE BUR OAK HILLS - PRELIMINARY PLAT The application of Harstad Company for preliminary plat approval of Bur Oak Hills consisting of 216 single family lots on approximately 111 acres was brought to the Council for its review. The Advisory Planning Commission considered the application at its January 28, 1986 meeting and recommended approval subject to conditions. Mr. Hedges introduced the project and noted that the Advisory Park Commission had met with the applicant on several occasions and had reviewed the proposed park area. Dale Runkle related comparisons with the former Bur Oak preliminary plat and noted the revision to provide for all single family lots. He also stated that a revised plan was submitted to the staff on April 15 with some revisions particularly relating to slopes within the park area. 9 Council Minutes April 15, 1986 Ken Vraa, the Park Director, was present and reviewed some of the history regarding the park proposal for the site. He_ mentioned there was comparatively a net loss of 5 acres from the prior proposed development with the high water elevations encroaching on the active area and also some of the desirable scenic views being reduced. He presented drawings covering prior and proposed park areas and stated the issues were how much area should be allowed to be under water, how much should be allowed to be steep slope and how much should be flat usable park land. The question as to modification to the planned development was discussed and it was noted that a hearing regarding the rezoning of the property would be required under the proposal. Mr. Vraa stated that the new design by the developer for park purposes was improved but still rather tight and that access to the street was not acceptable to the Park Commission members. Councilman Ellison noted the developer claims 11 acres above the 820 elevation but there appears to be only 5 1/2 to 6 acres of flat land for active park purposes. Dean Anderson, an owner to the east in Inver Grove Heights, asked why one-third of the pond would be on his property and Mr. Hefti answered that the pond area had been planned by Eagan-Inver Grove Heights as proposed, but would only cover the low area. Jim Merila of Merila & Associates, Inc., Ken Briggs of Harstad Companies, and George Watson of Brauer & Associates, appeared for the applicant. Mr. Merila stated that First National Bank of St. Paul, the fee owner of the property, will not proceed to rezone until the preliminary plat application is approved. A slide presentation was shown covering Harstad developments, including executive type housing from the $140,000.00 to $400,000.00 bracket. The primary difference noted is the amount of park land with 28 1/2 acres proposed in the South Delaware Estates project and 26.05 acres being proposed presently. Mr. Merila also noted that the ordinance requires 80 foot minimum access to street from a park. George Watson of Brauer & Associates discussed the proposed plan, noting that flooding should be essentially in the spring only. He also indicated that about 400 feet of total street frontage is included from the park and argued that the park comprehensive plan criteria are being met. He also stated that if two additional lots are donated as requested by the City for access to the park, there would be a loss of $150,000.00 to the applicant. Don Chapdelaine, a neighboring owner, appeared and mentioned that the neighbors preferred single family uses. He submitted a petition supporting the development, but was concerned that the developer would be held accountable to its commitments. L. K. Jones, an owner to the east, with an apple orchard, was concerned about children coming on to his land and suggested that a fence be installed. Mr. Vraa stated that the minimum frontage on the public street would be 85 feet but that greater width may be necessary with more active space and recommended the parking lot be moved closer to the street. He also noted that the developer intends to retain a prime developable area formerly proposed for park land in the South Delaware Estates project. 10 Council Minutes April 15, 1986 a 31 There were many neighbors present and some stated the park committee has not developed the park adequately. Mr. Ellison indicated there was lack of active park land for a 110 acre development and should do more than meet the park minimums. He further noted that the park ball field has twice the slope as the average ball field within the City with the City acquiring only the leftover land for park purposes. Dave Rolbecki, a neighbor, opposed more active park land in the area. Ken Briggs, the director of development for Harstad Companies, stated that the proposal will meet the minimum grade for ball field purposes and would commit one additional lot with 180 total feet frontage on the street for access to the park. After discussion, Ellison moved, Smith seconded the motion to approve the application for preliminary plat approval for Bur Oak Hills Addition, with the following conditions: 1. The developer shall dedicate at least 180 feet frontage for park access with the specific location of the 180 feet to be determined by the city. 2. A revised detailed grading and erosion control plan shall be approved by staff prior to final plat approval. 3. Written authorization from Williams Bros. Pipeline shall be obtained allowing encroachment into and grading within their easement. 4. As a condition of approval, this development shall insure that the trunk storm sewer system be extended from pond GP-8 to Pond GP-l and the southern boundary for future extensions. 5. This development shall insure that sanitary sewer facilities are extended to the east, south and northwesterly boundaries to provide for future extensions for later developments. 6. This development shall insure that an 8 inch watermain is looped through this plat from Trunk Highway #149 to the existing watermain within Chapel Lane. Extensions of water lateral to the east and south boundaries will also be required for future service extensions. 7. The final plat shall be revised to eliminate the proposed cul-de-sac (Rolling Hills Circle) in the southeast corner, the half cul-de-sac (Hillside Drive "bubble") in the southwest corner and the half cul-de-sac (Hillcrest Drive "bubble") in the northeast corner shall be eliminated and replaced by a "stub" street for future extension to the unplatted parcel south of Trunk Highway #55. This development shall be responsible for all costs associated with connecting 77th Street west to the existing street in Inver Grove Heights. 8. The final plat shall provide for a permanent cul-de-sac in the extreme northerly extension of Rolling Hills Drive with platted right-of-way for a future westerly extension and ultimate connection to Chapel Lane. 11 r Council Minutes April 15, 1986 9. All drainage and ponding easements required by the City of Eagan shall be dedicated on the final plat. A minimum 30 foot easement shall be dedicated for all utilities not located within public right-of-way. All other drainage and utility easements shall be dedicated as required by staff as a part of the final plat. 10. All permits required by local-, County, Regional and State agencies shall be acquired prior to final plat approval. 11. This development shall be responsible for all the additional assessments required with this proposal as determined by the rates in effect at the time of final plat approval. 12. If public improvements are to be installed under City contract, the appropriate improvements shall be ordered for installation by Council action prior to final plat approval. 13. The developer shall comply with the street revisions presented by the Planning Commission on January 28, 1986, including (a) shortening of the cul- de-sac on the east side of the park property, (b) deleting the eyebrow on the originally proposed street conception, (c) deleting the small cul-de-sac in the southeasterly portion of the plat, (d) extending the street in the northeasterly corner of the plat, and (e) providing a through-street in the northwest corner of the plat. 14. The developer shall comply with the process found necessary by the City of Eagan to properly rezone the property to R-1. 15. The recommendations of the Advisory Park Committee relating to grading, seeding and trails, shall be adhered to. All voted yes. SEE PLAT FILE ARBY'S RESTAURANT - CONDITIONAL USE PERMIT - DRIVE-THROUGH & PYLON SIGN The application of Franchise Associates to allow a drive-through Arby's Restaurant and 20 foot pylon sign in the Town Centre 70 Third Addition came to the Council for its consideration. Dale Runkle explained the application and noted that the Advisory Planning Commission recommended approval of the drive- through restaurant but denial of the permit for the pylon sign. Mr. Runkle reviewed the proposal of Federal Land Company for pylon sign locations throughout the entire Town Centre 70 and Town Centre 100 parcel. Martin Colon was present and requested 26 signs be permitted within the entire development and stated only about two to three variances would be requested. He noted the car care center would have about 6 users on the west side. Councilman Smith was concerned about the variances required to fulfill the proposed plan and indicated that the Council had specifically requested a detailed plan for location of pylon signs within the project. The variance requested would allow for 288 foot distance between signs for the Arby's location. Councilman Egan stated that City Council members had specifically requested a planned development sign plan and that the submission was not complete. 12 Council Minutes April 15, 1986 Blomquist moved, Wachter seconded the motion to continue consideration of the application with the understanding that the applicant resubmit a proposal for sign plan within the Town Centre planned development for approval by the City and also that the Advisory Planning Commission review the plan for pylon signs. All members voted yea. NORTHVIEW MEADOWS 2ND ADDITION - PRELIMINARY PLAT The application of Sienna Corporation for preliminary plat approval of Northview Meadows 2nd Addition came to the Council for its review. The request is for 22.3 acres with 38 single family lots. It was noted that the proposal will deviate from the R-1 zoning standards and that a 4.5 acre outlot would remain in the northwesterly corner of the parcel. The minimum lot frontage would be 65 feet and 125 foot lot depth with a minimum square footage of 8,125•square feet. Tom Hedges introduced the project and commented on the Comprehensive Plan Amendment and indicated that it appears that it will not be necessary to revise the Comprehensive Plan due to the fact that there is an underlying planned development. Dale Runkle detailed the application and described the difference between the single family and commercial to the south, the grade differential between the two, and indicated that the proposal is for low density commercial, including office buildings across the street. Jim Hill, Planner, was present and mentioned that 38 lots are being proposed and also requested a feasibility study be authorized. Jim Curry, the land owner, was in the audience and stated that an LB office buffer would be acceptable on the south side of the street and that Trapp Park Trail would be the name designated for the ring road to the south. Councilman Ellison stated that he was opposed to small lots and Mr. Curry indicated that it was not financially practical to plat the larger lots, noting the average is about 1,500 square feet larger than the lots in Northview 1st Addition. There was a great deal of discussion concerning notice to buyers and the reduction in lot sizes. Councilman Smith moved, Egan seconded the motion to approve the application with the following conditions: 1. A sign shall be erected on the proposed Outlot A indicating that it is intended to be used for multi-family apartment purposes. 2. The Limited Business across the ring road shall be designated for office use. 3. The developer/owner shall notify each buyer of the residential lots at the time of the sale that there may be commercial development to the south across the proposed Wescott Hills Drive. 4. All Park Committee recommendations shall be adhered to including trailway requirements. 13 Council Minutes April 15, 1986`01`74 5. The Planned Development shall be amended showing this plat as a single family development. No densities shall be transferred to any other portion of the Planned Development. 6. A detailed housing plan shall be provided showing that all houses can meet the setback requirements of the Planned Development and City Code. 7. A use shall be determined for Outlot A and all exhibits marketing the Northview Meadows 2nd Addition shall show the intended land use on Outlot A. 8. All lots shall access to the internal street, Curry Trail. 9. All standard plat conditions shall be adhered to. 10. This development shall comply with all applicable standard engineering conditions. 11. This development shall be responsible for providing adequate storage for storm water runoff within Outlot A for all storm water runoff exceeding that which is naturally occurring. 12. The Council shall approve the street and utility improvements within South Wescott Hills Drive prior to final plat approval. 13. This development shall dedicate the following widths for rights-of- way: a. 65 foot half right-of-way for County Road 30. b. 60 foot full right-of-way for Curry Trail. c. 80 foot full right-of-way for South Wescott Hills Drive and Street "A". 14. The South Wescott Hills Drive improvement project shall include the southwesterly half of South Wescott Hills Drive located within the Northview Meadows Addition. 15. This development shall be responsible for trunk area storm sewer, one-fourth the residential rate for Diffley Road upgrading, and the trailway rate for frontage abutting County Road 30, each at the rates in effect at the time of final platting. 16. All costs of internal streets and utilities shall be the sole responsibility of this development. 17. This development shall be responsible for getting permits and/or plan approvals from the MPCA and the Minnesota Department of Health. It was noted that three lots are between 8,000 and 9,000 square feet, 8 lots between 9,000 to 10,000 square feet and the majority of the lots are about 65 foot frontage. All voted in favor except Blomquist and Ellison. Mayor Blomquist stated she favored 70 foot lot width minimums. SEE PLAT FILE 14 Council Minutes April 15, 1986 NORTHVIEW MEADOWS 2ND ADDITION - FEASIBILITY REPORT At the request of the developer, Smith moved, Egan seconded the motion to authorize the preparation of a feasibility report for utility and street improvements for the Northview Meadows 2nd Addition with the understanding that the developer will guarantee the costs of the staff and engineering work. All voted yes. WASTE MANAGEMENT COMMISSION APPOINTMENTS The City is required to comply with the State and Metropolitan Council mandate to perform source preparation of mixed municipal solid waste by 1988. The staff, under the direction of City Administrator Hedges has prepared a detailed report that provides several alternatives that are available for the consideration of source separation. One requirement is an appointment of members to a Commission to evaluate all of the alternatives and advise the City Council on solid waste abatement strategy policy for the City. A suggested format for appointments was submitted including three private citizens, two refuse haulers, one small business person, one large business person, one local government representative and one public service organization representative. Egan moved, Ellison seconded the motion to ti approve the recommendations and authorize their implementation. All voted in favor. LEXINGTON SQUARE 3RD ADDITION - FINAL PLAT The application of Meritor Corporation for final plat approval of Lexington Square 3rd Addition was submitted and it was recommended that it be approved subject to compliance with all City requirements. Egan moved, Wachter seconded the motion to approve the recommendation. All voted yea. R 86-20 SUNSET 11TH ADDITION - FINAL PLAT The application of Tri-Lana, Inc. for final plat approval of Sunset 11th Addition was next considered. Egan moved, Smith seconded the motion to approve the application, subject to compliance with necessary City ordinances. All voted yes. R 86-21 TEXACO STATION - HIGHWAY #3 The City Council had raised a question as to whether the Texaco Corporation was authorized to remodel the Texaco station on Highway #3, formerly identified as the Skelly Service Station for use as fuel sales with a convenience store. Service bays had been included through July of 1985 when the station was last in operation. Councilman Smith was disturbed that there was no requirement for service bays under the General Business zoning category, and the staff had authorized the building permit for the improvements without conditional use permit. 15 Council Minutes April 15, 1986 Steve Nelson and Jim Schoop appeared on behalf of Texaco noting that about $30,000.00 had been spent in improvements and requested the Council authorize the continuation of the construction. There was discussion and City Attorney Paul Hauge reviewed a letter from the City Attorney's office regarding the background of the site, the ordinance provisions and the fact that General Business zoning did not require service bays as did other commercial categories. After discussion, Egan moved, Ellison seconded the motion acknowledging that an error had taken place allowing the grant of a building permit without requirement for service bays and that approval will not act as a precedent for future authorization of service stations without service bays, and that General Business zoned categories be amended to provide service bays comparable to all other commercial zoning categories. All voted in favor except Smith who voted no. Egan then moved, Wachter seconded the motion to approve the application for 3.2 beer permit, cigarette and necessary service station permits as required, subject to ordinance compliance. All voted yea. GREENSBORO ADDITION - CONTRACT #86-14 The plans and specifications for Greensboro Addition street and utility improvements under Contract #86-14 had been completed and it was recommended that they be approved. Egan moved, Wachter seconded the motion to approve the plans and authorize the advertisement for bids to be opened at 10:30 a.m. on May 15, 1986 at the Eagan Municipal Center. All voted affirmatively. TAX FORFEITED PARCELS Six parcels were identified by the Dakota County Board as having been forfeited for non-payment of taxes for the years 1979 and 1981 and were + classified as non-conservation land. The County is preparing for a sale to be eventually held on each property and the City staff had reviewed all six parcels located within Eagan. Tom Hedges recommended that Lots I and 2, Block 1, and Lot 7, Block 3, Overview Estates Replat, and Lot 11, Thomas Lake Addition, be acquired by the City of Eagan as tax forfeited land. Blomquist moved, Wachter seconded the motion to approve the recommendation for the Overview Estates Replat parcels. All voted yes. Egan moved, Smith seconded the motion to approve the acquisition of Lot 11 in Thomas Lake Addition. All voted in favor. LAWCON/LCMR GRANT APPLICATION A report from Ken Vraa, the Park Director, dated April 2, 1986 providing for a status report on current Lawcon/LCMR grants, a review of the fiscal year 1986 Blackhawk Park application, and two fiscal year 1987 applications. It was noted that all the current Lawcon/LCMR projects will be closed by the end of 1986 and if the Blackhawk Park grant is not approved, it could mean the end of the City's involvement in the program temporarily. Staff then recommended 16 Council Minutes April 15, 1986 r ~i((- ~22rr that the City Council authorize the staff to submit two preliminary grant applications including the athletic field for lighting at Northview Field #5 and Thomas Lake Park for fiscal year 1987. Upon motion by Smith, seconded Egan, it was resolved that the recommendation be authorized to be implemented. All voted yes. DEVELOPMENT ESCROW AGREEMENT A draft Development Escrow Agreement prepared by the Developer's Task Force covering preliminary-plat application escrows, final plat applications and contract management escrows was submitted for the Council's discussion and review. Mr. Hedges reported on the process of the committee in preparing the proposed Agreement. No formal action was taken. CLERK-TYPIST --PROTECTIVE INSPECTION AND PARKS DEPARTMENT City Administrator Tom Hedges recommended that an additional clerk-typist be hired whose duties would primarily concern scheduling, coordinating and maintaining the records for the Building Inspection Department. He noted the dramatic increase in the activity in the Building Inspections Dept. and distributed a resume' of construction permits in various cities throughout the metropolitan area. It was noted that the City of Eagan had approximately 2,100 permits in 1985 with the next closest being approximately 1,250. Smith moved, Egan seconded the motion to approve the creation of a full-time, permanent clerk-typist position with the Protective Inspection/Parks Department with primary duties including scheduling, coordinating and maintaining records for building inspections. All members voted affirmatively. CONSENT AGENDA - ADDITIONAL The following additional consent agenda items were presented and recommended for approval by the City Council: 1. Contractors Licenses. A schedule of contractors licenses recommended for approval was submitted to the Council for its review. 2. Multi-Family Rental/Service Agreement. An agreement between Dakota County HRA and City of Eagan regarding performance of the Multi-Family Rental housing services for the City, including record keeping and monitoring, inspection of owner's books and records, etc. was presented and recommended to be approved. 3. Tractor Loader Bids. The specifications for the proposed tractor loader for the Park and Recreation Department were completed and it was recommended that the Council approve the specifications and authorize the advertisement of bids to be opened on May 16, at 10:00 a.m. at the Eagan Municipal Center. 17 Council Minutes April 15, 1986 4. Lone Oak Addition - Trunk Water Main - Contract #85-22. A proposed change order No. I to Contract #85-22 consisting of the Lone Oak Addition trunk watermain was presented to the Council and it was recommended that the Change Order in the amount of $7,116.56 be approved. - 5. Town Centre 70 1st Addition - Contract #85-08 - Change Order #2. Change Order No. 2 to Contract #85-08 consisting of utility improvements for the Town Centre 70 1st Addition was submitted to the Council and recommended for approval in the amount of $15,175.50. Wachter moved, Ellison seconded the motion to approve and authorize the implementation of the foregoing consent agenda items. All members voted yes. ECONOMIC DEVELOPMENT COMMISSION - RESPONSIBILITY STATEMENT The Council was given a copy of a proposed Responsibility Statement adopted by the Economic Development Commission which defines the purpose for the membership for the commission. It was recommended it be approved and upon motion by Egan, seconded Smith, it was resolved that the Responsibility Statement as amended, be approved. All voted yea. COMMUNICATION SYSTEM FUNDING Smith moved, Ellison seconded the motion to approve the communications' system equipment in the sum of $12,901.22. All voted in favor. APRIL 29, 1986 - SPECIAL COUNCIL MEETING A special council meeting was scheduled for Tuesday, April 29, 1986 commencing at 6:00 p.m. at the Eagan Municipal Center. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following checklist dated Mar h 31 & April 15.1986 in the amount of $392,360.15 & $157,085.52 be approved. All voted yea. ADJOURNMENT Upon motion by Blomquist, seconded Egan, it was resolved that the meeting be adjourned at 1:30 a.m. All voted in favor. PHH Cit jerk I 18