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07/19/1988 - City Council Regular 440 ' MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA July 19, 1988 A regular meeting of the Eagan City Council was held on Tuesday, July 19, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle and City Attorney Jim Sheldon. AGENDA Wachter moved, McCrea seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES July 5, 1988 - Regular Meeting. City Administrator Tom Hedges stated a condition should be added to Page 19 regarding the Alden Ponds plat as follows: 14. All trailways and cash dedication regarding the Four Oaks encroachment as recommended by the Parks and Recreation Commission. Mayor Ellison stated on Page 22 regarding the ordinance Amendment to Chapter 11, the paragraph regarding the vote should be moved to the end of the next paragraph. Mr. Wachter stated he would like the inclusion on Page 2 regarding his statement to raise the storm water levels when possible in order to increase the subwater reserves. Mr. Egan stated that on Page 24, Paragraph 1 should read: 1. Park and Ride - If no cost to MPC and/or Eagan, relocate the Park and Ride to another location; Mr. Hedges stated that regarding the Planned Development Amendment for the Austin Companies (Page 14) after review of the tapes of previous meetings, staff found that Glidden Paints was previously approved. City Attorney Sheldon stated he recommends the Council accept the portion of the existing planned development to include Glidden Paints. He further stated the Day Care facility was not previously approved. Mr. Wachter requested staff submit copies to the Council of the previous action showing this recommendation. ';age 2/REGULAR CITY COUNCIL MEETING July 19, 1988 Upon motion by Gustafson, seconded by Egan, it was resolved that the Minutes for the July 5, 1988 Regular Meeting be approved as amended. All voted in favor. July 12, 1988 - Special Meeting. Upon motion by Gustafson, seconded by Wachter, it was resolved that the Minutes for the July 12, 1988 Special Meeting be approved as presented. All voted in favor. DEPARTMENT HEAD BUSINESS Councilmember Wachter questioned if the oak tree outside of the Municipal Building was dying due to the drought. Doug Reid stated the tree has gone dormant because of the drought and should come back next spring. There was no further Department Head business. CONSENT AGENDA The following consent Agenda items were submitted and recommended to be approved: A. Personnel Items. 1. Temporary Engineering Technician Position/Park and Recreation Department. It was recommended to authorize the City Administrator to approved the hiring of a temporary Engineering Technician for the Parks and Recreation Department if a successful candidate is able to begin working with the City before the first Council meeting in August. 2. Temporary Clerical Pool. It was recommended to approve the hiring of Barbara Haller, Nancy Hammel, Evelyn Moldenhauer and Laurie Remer as temporary clerical workers for the City in the substitute "pool". 3. Seasonal Streets Maintenance Workers. It was recommended to accept the resignation of James Woodland as a seasonal street maintenance worker and to approve the hiring of Bob Pilon and Jonathan Yates as seasonal streets maintenance workers. B. Plumber's Licenses. It was recommended to approve the following plumber's licenses: Budget Plumbing Corporation, Design Mechanical Services, Inc. and Gilbert Mechanical Contractors, Inc. C. Refuse Hauler's Licenses. ?gage 3/REGULAR CITY COUNCIL MEETING July 19, 1988 It was recommended to approve a rubbish hauler's license for Richard's, Inc. D. Project 478, Receive Final Assessment Roll/Order Public Hearing (Lexington Hills Addition - Sanitary Sewer). It was recommended to receive the final assessment roll for Project 478 (Lexington Hills Addition - Sanitary Sewer) and schedule a public hearing to be held on August 16, 1988. E. Project 479, Receive Final Assessment Roll/Order Public Hearing (Lexington/Northview Trunk Storm Sewer). It was recommended to receive the final assessment roll for Project 479 (Lexington/Northview - Trunk Sewer) and schedule a public hearing to be held on August 16, 1988. F. Project 461, Receive Final Assessment Roll/Order Public Hearing (Yankee Doodle Road - 35E to Lexington Avenue). It was recommended to receive the final assessment roll for Project 461 (Yankee Doodle Road - 35E to Lexington Avenue) and schedule a public hearing to be held on August 16, 1988. G. Contract 88-23, Receive Bids/Award Contract (Cliff Lake Centre - Streets and Signals). Public Works Director Tom Colbert informed the Council that staff was working with Federal Land Company on easements to widen Rahn Road and Cliff Lake Road. He further stated that it has been a time consuming process in dealing with the estate which owns the land. He recommended to the Council that they authorize condemnation of this property. It was recommended to receive the bids for Contract 88-23 (Cliff Lake Centre - Streets and Signals) and award the Contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. It was further recommended to authorize condemnation of the necessary property. H. Contract 88-13, Approve Change Order No. 1 (Project 452 - Storm Sewer Schedule). It was recommended to approve Change Order No. 1 to Contract 88-13 (Project 452 - Storm Sewer Schedule) and authorize the Mayor and City Clerk to execute all related documents. I. Final Plat, Summerplace Addition. • +age 4/REGULAR CITY COUNCIL MEETING July 19, 1988 It was recommended to approve the final plat for Summerplace Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.52 J. Final Plat for Town Centre 100 Sixth Addition. Mayor Ellison asked Mr. Colbert if the necessary Amendment had been signed regarding this plat. Mr. Colbert stated affirmatively. It was recommended to approve the final plat for Town Centre 100 Sixth Addition. R-88.53 K. Contract 88-7, Award Contract for Ohmann, Winkler, Jackson and Bridle Ridge Parks. It was recommended to approve the low bid to Central Landscaping for the base bid amount of $237,060.93 and alternate number one in the amount of $6,500.00. L. Approved Resolution Prohibiting On-Street Parking - Rahn Road (New Alignment). It was recommended to approve a resolution prohibiting on-street parking for the relocated portion of Rahn Road. R-88.54 M. Final Plat Approval, Deerwood Addition. Councilmember Gustafson questioned if the trailway requirement had been agreed upon. Mr. Colbert stated the developer will install the trailways. It was recommended to approve the final plat for Deerwood Addition with additional trailway requirement and authorize the Mayor and City Clerk to execute all related documents. R-88.55 N. Final Plat, Eagandale Lemay Lake Third Addition. It was recommended to approve the final plat for Eagandale Lemay Lake Third Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.56 0. Contract 88-02, Receive Bids/Award Contract (1988 Seal Coating) It was recommended to receive the bids for Contract 88-02 (1988-Sea3.-=Coating) and award the Contract to Asteck, Inc. in the amount ofc$.15,923.63 and authorize the Mayor and City Clerk to execute-allLr.elated Contract documents. P. Pro3!c't:i544, Receive Feasibility Report/Order Public Hearing (Mallard Park Third Addition - Street Lighting). It was recommended to receive the Feasibility Report for Project 544 (Mallard Park Third Addition - Street Lighting) and schedule a public hearing to be held on August 16, 1988. Wachter moved, Egan seconded, the motion to approve the foregoing Consent Agenda items and authorized their implementation. All voted in favor. The public hearings were scheduled to begin at 7:00 p.m. Councilmember McCrea suggested moving to the Administrative Agenda at this point in order to begin the public hearings at the 7:00 p.m. designated time. METROPOLITAN WASTE CONTROL COMMISSION City Administrator Tom Hedges stated that during 1987 MWCC upgraded the existing sanitary sewer lift station located adjacent to Brown Tank on Trunk Highway 55. The property owner, Veronica McClean, resisted dedication for the additional easements necessary to accommodate the expanded lift station and access road. Subsequently, MWCC proceeded with condemnation for the pumping facility as well as an access road to it from Trunk Highway 55. The access road was located on top of an existing trunk water main easement owned by the City of Eagan. Mr. Hedges stated there are two agreements affecting the City of Eagan. The first is a Stipulation of the Settlement Condemnation whereby the City of Eagan receives no compensation for acquisition of the property incorporating the easement. The second pertains to consent by the City of Eagan to allow Metro Waste to construct a bituminous access drive within the utility easement. MCCrea moved, Eagan seconded, the motion to approve a Stipulation of Settlement for Metro Waste Control Commission Condemnation and a Consent of Easement for an access road over City utility easements for the MWCC Sanitary Lift Station located adjacent to Brown Tank, Inc., and authorized the mayor and City clerk to execute all related documents. All voted in favor. Councilmember McCrea suggested to continue with the Administrative update as it was not yet 7:00 p.m. SPRINGSTED, INC. City Administrator Hedges stated he had a recent meeting with Springsted's representatives and stated there was a good working relationship with the Springsted employees. He further stated that a bond sale would be set for the August Council Meeting. ' ''age 6/REGULAR CITY COUNCIL MEETING July 19, 1988 SPEED STUDY ON BLACKHAWK ROAD Councilmember McCrea questioned the expense of doing the study, in particular regarding the radar. The Chief of Police stated the Police Department does have in-house radar equipment. Quite frequently the problem was finding time for the squads to do the radar for the study. He further stated the Police Department will patrol the area as much as possible during the rush hours because of speeding in the area. ECONOMIC DEVELOPMENT COMMISSION Mr. Hedges stated there is an in-house strategic planning exercise scheduled and the findings would be reviewed next Tuesday. He further stated the results of the exercise would be submitted to the Councilmembers. Mr. Hedges informed the Council he felt the Commission did an excellent job. HISTORY COMMITTEE Mr. Hedges stated the History Committee would have a meeting next week. He further stated Councilmember Wachter is a member of the History Committee and that one of the items on the agenda would be the old town hall. Councilmember McCrea stated she had paperwork regarding the historical classification of the old town hall and that at the present time, it was not classified as a historical landmark. She stated she would give the paperwork to Mr. Wachter. PLATTING REQUIREMENTS City Administrator Hedges apologized to the Council for any confusion regarding the final plats at the Special Meeting of July 12, 1988. He stated the staff is very busy. They are working on tightening their controls and have developed a Pre-screen Committee which consists of staff from each of the departments. FIRE STATION NO. 4 and NO. 5 Councilmember Wachter asked Fire Chief Southern the status of Fire Station No. 4 and if recruiting had begun. Fire Chief Southern stated the lockers had arrived and that there was only minor matters to be finished and, of course, the clean up. He stated there would be an inspection of the station on July 26, 1988. He stated the recruiting was moving at a slow pace because of the weather conditions and vacations. He stated no notices had been posted, however, they were interviewing all applicants on file. He further stated that Fire Station No. 5 was progressing along nicely. That the roof beams were to be up soon and that at the present time the walls were being constructed. ,age 7/REGULAR CITY COUNCIL MEETING July 19, 1988 VACATE PORTION OF KENNEBEC DRIVE PUBLIC RIGHT-OF-WAY Mayor Ellison opened the public hearing regarding the Kennebec Drive public right-of-way. Public Works Director Colbert stated that in response to the requests submitted by the applicant, Richard T. Curtin, owner of Silver Bell Apartments, the Council scheduled a public hearing to be held to vacate a portion of the old abandoned dedicated right-of-way at Kennebec Drive. He stated all notices had been published in the legal newspaper and sent to all potentially affected utility companies informing them of the public hearing. The staff had not received any objections to the proposal. Councilmember McCrea questioned if the developer knew he would still need to apply for a Permit to allow the sign. Mr. Colbert stated he would inform the applicant. Mayor Ellison questioned why the matter had continued for so long and asked if the City had "dropped the ball". Mr. Colbert stated that originally the applicant wanted the sign on the public right-of-way and that much negotiation with the developer had gone on. He stated that staff had been in contact with the developer at all times. Wachter moved, McCrea seconded, the motion to close the public hearing and approve the vacation of a portion of Kennebec Drive public right-Of-way and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. VACATE PORTION OF RAHN ROAD PUBLIC RIGHT-OF-WAY Mayor Ellison opened the next public hearing for the evening regarding the vacation of a portion of Rahn Road public right-of-way. Public Works Director Colbert stated that with the approval of the Cliff Centre development and the requirement to construct Cliff Lake Road and its intersection with Cliff Road, additional right-of-way beyond what existed for the present Rahn Road intersection with Rahn Road was required. With the realignment of Rahn Road to its intersection with the new Cliff Lake Road construction, a portion of existing Rahn Road, adjacent to Rahn Park, was being abandoned. He further stated that as a part of the agreement for the acquisition of the additional right-of-way from the Federal Land property near the intersection with Cliff Road, it was proposed to vacate a portion of Rahn Road to reconvey a portion of Outlot B of the Cliff Lake Centre as partial offsetting compensation for the additional right-of-way dedication from Federal Land. He stated that by this agreement, Federal Land had committed to providing a future park maintenance access to Rahn Park from the internal development at a location other than the existing Rahn Road right-of-way. To retain the street right-of-way for Rahn Road in the vicinity adjacent Federal Land would create Rage 8/REGULAR CITY COUNCIL MEETING July 19, 1988 traffic congestion and circulation problems at the first intersection north of Cliff Road. The City has existing utilities located within this Rahn Road right-of-way, and therefore, although the public street right-of-way may be vacated, it was staff's recommendation that utility and sidewalk easements be retained. The vacation of this public right-of-way would then minimize any impact on future setbacks for the development of the Federal Land property. Mr. Colbert informed the Council that all notices had been published in the legal newspaper and sent to all potentially affected public utilities informing them of the public hearing. Staff had received concerns to retain the utilities easements over the 80 foot right-of-way to incorporate existing utilities for both the City and private utility companies. Councilmember Egan asked if the acreage of the two parcels being exchanged was comparable in size. Mr. Colbert stated they were not the same size. They were close, however, the acreage acquired was less than the turn back. Mayor Ellison asked if vacation of the right-of-way would preclude the users of the park from using this area for parking. Mr. Colbert stated he felt there was no need for overflow parking. Councilmember Egan questioned if staff agreed that the access through the Federal Land property was a better alternative. Mr. Colbert stated that he felt it was a better choice, if it was necessary. Egan moved, McCrea seconded, the motion to close the public hearing and approve the vacation of a portion of Rahn Road public right-of-way and authorize the Mayor and City Clerk to execute all related documents, subject to the utility and sidewalk easements being retained. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. PRELIMINARY PLAT/KINGSWOOD 2ND ADDITION City Administrator Hedges stated that at the June 21, 1988 City Council meeting, the Kingswood Second Addition Development Project consisting of a Comprehensive Guide Plan Amendment, a rezoning and preliminary plat were considered by the City Council. Action was taken to approve the Comprehensive Guide Plan Amendment from a D-II to a D-I and the rezoning of 41.5 R-I single family acres. Due to the uncertainty of the location for the access road to serve a proposed community center east of Pilot Knob Road and the proposed Kingswood 2nd Addition and proper time to allow engineering to best evaluate a good access alignment for public safety movement, the item was continued to the July 5 or July 12 meeting for further consideration. Fage 9/REGULAR CITY COUNCIL MEETING July 19, 1988 Mr. Hedges stated that at the July 5, 1988 meeting, the preliminary plat for the Kingswood 2nd Addition was continued until the July 19 meeting to provide additional time for the City to review the proposed development of the Civic Center property for the proposed Community Center to determine projected future traffic impacts on the location of the future intersection with Pilot Knob Road. By County standards, the intersection of the Kingswood 2nd Addition and the future Civic Center development must match. On July 7 and 8, the architectural team of Hastings & Chivetta met with various City Staff, Commissions and Counsel to review the proposed site and related internal circulations. Public Works Director Tom Colbert stated it would be a busy intersection with the Civic Center and the development. He further stated the property site was rugged and heavily wooded. Mr. Colbert referred to the handout which was presented to the Council regarding recommended conditions of preliminary plat approval. He recommended approval of the nine conditions listed in the packet and the six additional conditions on the handout. He stated he had been in contact with the developer and that variances would be needed based upon hardships. Rollie Crawford, attorney for the developer, stated there had been many discussions regarding the roadway alignment with the staff. He stated that the developer was basically in agreement with the conditions, however, he requested certain changes. Mr. Crawford presented a handout to the Councilmembers regarding his suggested changes to the conditions. He informed the Council the developer would cooperate in every way possible regarding the condition concerning the access and sanitary sewer service. He further requested the City to assist the developer in dealing with the County in obtaining street access to Outlot C. He requested a change in the minimum roadway width from the required 60 feet to 50 feet and a 30 foot back to curb instead of the required 34 foot. He further requested the City allow a credit against assessments in the subdivision for all cost incurred in the removal and reconstruction of the water line and roadway to the northerly alignment. He requested the City allow flexibility in the location in the roadway within the right-of-way to minimize the impact of the realigned access on the existing homes and surrounding lots. Mr. Crawford apologized to the Council for the lateness in receiving the developer's request. He stated he had worked with the staff regarding some of the condition changes and the time frame did not allow them to give the information to the Council before the meeting. He further stated staff had not had time to review his most recent request. Mr. Crawford further stated that staff was recommending that Lot 11, Block 1 of Kingswood Addition should be included in the replat of Kingswood 2nd Addition. He stated the developer did not own this property and if it was the City's request to include this Page 10/REGULAR CITY COUNCIL MEETING July 19, 1988 lot in the replat, the developer requested the City to incur the cost. He stated he does not believe the amount of the cost would be substantial. He further stated that he and the developer would work with the Staff and the City Attorney between the preliminary plat and the final plat approval to work out any problems. Mr. Colbert stated he had not been able to meet with Staff regarding Mr. Crawford's suggestions. He could, however, comment from an engineering standpoint. He stated regarding the County spacing guidelines he felt he could not recommend the request as it was contradictory to past City policy. He stated that he felt the area would have a lot of traffic and that the roads should be at the 60 foot width with the 34 foot back of curb to back of curb City requirements. He stated that if the developer's request for the 50 foot width and 30 foot back of curb was approved by the Council, it should be a variance. He stated as far as the City giving the developer a credit on the past utilities, he felt this was not City policy and that in the past all costs associated with development was the developer's obligation. He further stated he felt there was not sufficient hardship to justify the City paying the cost of the addition of the lot to the replat. City Attorney Sheldon stated in reference to Item 6 regarding the access to Outlots A, B and C and Item No. 7 regarding County approval for the street access to Pilot Knob Road, that these were not conditions of the plat, only requests for assistance from the City. He stated these items if approved should therefore be a resolution from the Council. Mr. Sheldon stated the main concern, in his opinion, was the land locked partial and that the City must require an access to this property. Mr. Sheldon recommended combining Outlots A and B in regard to the access question. Mr. Colbert stated that it was anticipated that Wescott Road would be extended. However, there is a typography problem. He stated one possible solution was Outlots A and B being combined and the City granting an easement from Wescott Road. Greg Franke, engineer for the developer, stated the only logical access was from the north. He further stated he felt there would be no problem in combining the outlots and obtaining access from Pilot Knob Road. Councilmember McCrea inquired of the developer in which areas they were willing to compromise regarding the conditions. Attorney Crawford stated he agrees with Mr. Sheldon regarding Items 6 and 7 and the necessity of a resolution by the Council. Mr. Frank stated the 50 foot width for the right-of-way was necessary to preserve the trees in the area. rage 11/REGULAR CITY COUNCIL MEETING July 19, 1988 Councilmember Egan inquired of Mr. Colbert if there would be an access problem in the future to Outlot C. Mr. Colbert stated there could be access from Coronation Road or Kingswood Road. Mr. Egan stated he saw no concern then regarding the access and that he feels the matter should be resolved before the final plat approval. Mr. Egan stated he was concerned about the traffic density on Coronation Road and felt the 50 foot right-of-way would be a problem. He further stated he felt the City could not bear the cost as recommended by the developer and felt it was inappropriate. Mayor Ellison commended the staff, the attorneys and developer for their efforts in working together. He further stated he felt there were two main concerns: (1) the costs the developer requests the City to pay; and (2) the width of the right-of-way. He stated he felt the City could not bear the costs as it would set a precedent. He further stated that Rocky Lane could perhaps help the traffic congestion. Mr. Egan stated he was concerned regarding the road width because the City policy states collector roads must meet City standards and that this road was a collector road. Mr. Wachter stated he had no problem with the decrease in width of the road right-of-way as he was in favor of saving the trees. McCrea moved, Wachter seconded, the motion to approve the rezoning and preliminary plat for Kingswood 2nd Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with A-i, B-1, B-2, B-3, B-4, C-i, C-2, C-3, C-5, D-1, E-1, F-i and G-1. 2. The existing homes shall connect to City utility and change their addresses. 3. Outlot C along the southside of the exception shall be renamed Outlot D. 4. No commercial signage be allowed in the R-1 zoned property. 5. No density or uses shall be established on the outlot until a specific plan has been reviewed and approved by the City Council. 6. The exception (Lot 11, Block 1, Kingswood Addition) should be included into the replat of the Kingswood 2nd Addition. 7. The centerline alignment and street grades should match the approved final plat grading plan for Cutter's Ridge I and II Additions. Page 12/REGULAR CITY COUNCIL MEETING July 19, 1988 8. If the required easements for Project 512 (Cutter's Ridge - Storm and Sanitary Sewer) through the proposed Kingswood 2nd Addition cannot be acquired in a timely manner, acquisition by condemnation should be initiated in the appropriate timeframe. 9. Park dedication shall be fulfilled through a cash dedication on per lot basis for all platted property excepting the two existing homestead lots. 10. The grading plan shall be revised to incorporate retaining walls as may be necessary to minimize the impact on the existing vegetation to save significant trees. 11. Any outlot must have public street access and/or sewer access. 12. The developer will work with City staff regarding the realignment of the access to Pilot Knob Road. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the variance for a 50 foot road right-of-way and a 30 foot back to curb requirement. No future variances for front yard set backs would be approved. This variance is being. approved due to the hardship regarding saving the trees along the right-of-way. Councilmember Egan suggested there be parking restrictions because of the variance. He stated he opposes the motion because of the 50 foot right-of-way width. Wachter, Ellison and McCrea voted in favor; Egan and Gustafson voted against. See Plat File SOLDERHOLM ADDITION City Administrator Hedges stated that at the June 21, 1988 City Council meeting, the Solderholm Addition/Eagle Enterprises were given consideration for a Comprehensive Guide Plan Amendment, rezoning and a preliminary plat. He stated the APC held a public hearing at their meeting of May 26 and recommended approval of the applications. He stated that at the June 21 meeting Councilmembers discussed both the access problem to the property due to the County road intersection of Lexington and Diffley and further that the proposed land use is inconsistent with the Comprehensive Guide Plan. The applications were continued at that time to the July 19, 1988 City Council meeting. City Planner Dale Runkel stated the matter had been continued by the Council for further review of the market study and transportation study and the need for an overall plan. He further rage 13/REGULAR CITY COUNCIL MEETING July 19, 1988 stated there was consideration regarding the possible potential traffic problems. He stated the developer was asked to prepare a plan that demonstrated how the outlot area (the area that currently contains the Soderholm house) could be developed in the future as well as the parcel to the north. He stated office use is the intent for the outlot in Parcel 1, however, the parcel is not being included in the plat. He also stated that as proposed the development would meet all City requirements regarding the parking and building setback requirements. Mr. Runkel further explained to the Council the detailed plan and land use proposed. He stated the applicant is aware of the recently adopted building exterior ordinance requirements. All glass and brick is proposed for all buildings. Mr. Griswold, architect for the developer, explained to the Council the land use and the potential future development. He stated the development would have continuity in design and the landscaping. He further stated the developer would work hard with the County regarding the access problem and feels the problem can be resolved. He stated he feels the corner of Lexington and Diffley lends itself well to the limited business use proposal. He feels the size of the property is too small for multiple family sites and feels the limited business is more in character with the area. He feels that there would be no traffic problem as the businesses complement each other well regarding their peak times of traffic. He stated the single family residents in the area would prefer the LB zoning over the residential zoning. Mayor Ellison inquired regarding the access to Diffley Road and whether it would be a right in/right out access. Mr. Griswold stated it was a full access now and when completed it would be a right in and right out access. Mr. Wachter stated he felt the County may not allow that type of access. Mr. Griswold stated they will deal with the County regarding the access. Mayor Ellison questioned the distance of the access from Lexington Avenue. Mr. Griswold stated it would be 260 feet and that it would in the same location as previously proposed for the access which would be across from the church access. Mayor Ellison inquired of Colbert regarding the requirements for stacking and asked if the 260 feet would be adequate. Mr. Colbert stated he felt it would be a potential problem and that the County would prefer internal circulation and the deletion of the access to Diffley Road. Councilmember Wachter stated he felt it was unfair for the Council to consider any action on this proposal until the County had made their recommendations. Councilmember McCrea stated she felt that when the matter had been continued it was for two reasons: (1) the access question regarding what the County would allow; and (2) the need for the review of the retail study. She stated she felt the Council was now Page 14/REGULAR CITY COUNCIL MEETING July 19, 1988 "caught in a box" as there were no reports available and that the City was being put in a position against the County. Ray Connelly, representative for Solderholm, stated he spoke with the County and the County stated they cannot take official action on the matter until they have a preliminary plat approval to work from. Mr. Connelly requested the Council take action on the rezoning and also further action regarding the access to enable the developer to take the matter to the County Plat Board. Councilmember Wachter stated he felt the developer should ask the County for their accepted guidelines before any Council action. Councilmember Egan inquired of Colbert whether the County could inform the City of a proper access at this time. Mr. Colbert stated he felt the only policy they could suggest was the policy regarding the internal circulation and further stated that the County was reluctant to grant the request. Councilmember Egan stated the retail study was not complete. He agreed with Councilmembers McCrea and Wachter and he too was reluctant to approve the matter without further information. Representative from the Covenant Church stated he was concerned regarding the proposed development's affect on the church's access. Mr. Colbert stated there should be no problem. The access would remain the same for the church. He stated there could be one access from Lexington and internally there were several choices. Councilmember Gustafson inquired if the City owned the land that the wells were located on. Mr. Colbert responded affirmatively. Mr. Gustafson suggested approving the proposal subject to the condition that the County approve the access. Mr. Colbert stated this could be done; however, the Council would still need to review the matter before the final plat approval. Mr. Wachter stated he would not vote for the proposal without further information. He stated it was not the County's decision that it was the City's decision and that the City should not relinquish their authority. He stated the whole matter was being considered prematurely as the question on the water reserve site would be known soon. Mayor Ellison informed the developer that it was apparent the matter would not pass at that time as there was not a majority of the council in support. He further stated he is impressed with the plan and does approve of the rezoning. He suggested the three adjacent property owners should meet to discuss the water site plan. Page 15/REGULAR CITY COUNCIL MEETING July 19, 1988 Councilmember McCrea questioned the timeframe regarding the need for an extension of the application regarding the preliminary plat. Mr. Hedges stated that the Council had 120 days to act upon the matter from the time of submission of the application. Mr. Runkel stated he felt the time was getting close to that 120 days. Mr. Hedges stated the developer would need to agree to and request an extension and if this was not done the Council must either approve or deny the matter. Mr. Connelly the developer had no problem with an extension. He requested the Council make a recommendation to the County for review of the access problem. Mr. Hedges stated the study would be in draft form next week and the Council could have a work session in August to review the study. Councilmembers McCrea and Wachter both stated they had no problems with the use of the land at this time. Their only concern was the access problem. The developer requested a continuance regarding the preliminary plat. He stated his potential tenants will not stay if there is not an access to Diffley Road. He suggested a possible easement from the reservoir site-and the Northwestern Bell site to eliminate their need for an access. He stated the developer could nudge the access a little further north across from the church driveway. Egan moved, Wachter seconded, the motion to continue the request for a Comprehensive Guide Plan Amendment, a Planned Development Amendment for the rezoning of 4.52 R-4 Acres to a LB District, and a preliminary plat containing three lots and entitled Solderholm Addition until the September 20, 1988 City Council Meeting. All voted in favor. WINE AND BEER LICENSE FOR EAGAN TAP Mr. Hedges stated that at the July 5, 1988 City Council Meeting a license for wine and beer for Julio de la Huerta of Eagan Grill, Inc. was continued to the July 19 meeting. The purpose for the continuance was a non-response by Mr. Huerta to the Police Department's call to proceed with an investigation. He stated that since the July 5 meeting the police had made contact with Mr. Huerta and completed their investigation. He stated the Police Department could find no reason to recommend denial of this license. Mr. Huerta is purchasing the Eagan Tap at 3998 Sibley Memorial Highway and the business name will remain the same under his ownership. Page 16/REGULAR CITY COUNCIL MEETING July 19, 1988 -4,j The applicant, Mr. Huerta, was present and requested approval of the license. Egan moved, Gustafson seconded, the motion to approve a wine and strong beer license for the new owner of the Eagan Tap, Mr. Julio de la Huerta. All voted in favor. SITE PLAN REVIEW/LONE OAK ADDITION City Administrator Hedges stated the Planning Department had received the Site Plan Proposal for the Lone Oak Addition which is being marketed as The Waters development. This development is located east of Trunk Highway 149, west of Cray Research, and south of Northwest Airlines. He stated the signage, landscaping and lighting plan is the most sophisticated and complete landscaping proposal reviewed by the Planning Department for any development. City Planner Dale Runkle stated that over the past several months the staff has been working with the Laukka Development Company in an effort to develop a Comprehensive Signage and Landscape Plan for the western portion of the Lone Oak Addition. He stated it had been a pleasure dealing with Rick Burger of the Laukka Company, the landscape architects from Arteka and the architect in charge of the signage, Jack Buxell. He stated the signage plan is consistent all the way from the street signage to the rear service doors. He stated the uniqueness of the proposal is the free standing granite kiosk that pulls the driver off Lone Oak Parkway into a small rest stop type area. The goal is to establish a theme for the signage and landscaping that would ultimately continue into the Northwest Airlines and Cray Research areas. He stated an oversize set of plans had been previously provided for each Councilmember. Mr. Runkle recommended to the Council that if the Council approved the landscape and signage site plan the matter should have the following two conditions: 1. Place the responsibility for the maintenance of the landscaping and the right-of-way fully on the developer, and 2. That any replacement ornamental street signs would be at the developer's expense. Mr. Runkle stated all signage does meet the guidelines of the Manual on Uniform Traffic Control Devises. Representatives for the projects presented their overall and grading, landscape, lighting and signage plans to the Council. image 17/REGULAR CITY COUNCIL MEETING July 19, 1988 Councilmembers McCrea and Wachter both stated they felt the presentation was very complete and very informative. Councilmember Egan stated he has been very excited about the project. Wachter moved, Gustafson seconded, the motion to approve the Landscape and Signage Site Plan Review for the Lone Oak Addition, subject to the following conditions: 1. The developer has full responsibility for the maintenance of the landscaping in the right-of-way. 2. Any replacement of the ornamental street signs will be at the developer's expense. All voted in favor. VARIANCE/SKUNBERG City Administrator Hedges informed the Council a variance application was received from Brian Skunberg for property located at 4739 Ridgewind Trail. He stated Mr. Skunberg was requesting a 4 foot variance to the required 15 foot rear yard setback for the purpose of completing an accessory building. He further stated Mr. Skunberg was unaware of his necessity to apply for a Building Permit from the City and, once informed by a City Inspector, was most willing to pay the fee and process the application. Once the Building Permit Application was processed and reviewed, it was determined that a variance would be required from the rear yard setback and again Mr. Skunberg was most cooperative in applying for the variance and proceeding through the departmental review. He stated the slab and apron were poured last fall and the framing was done June 25, 1988. The concrete slab extends to within 3.5 to 4.0 feet from the property line and the accessory building and a dog house rests on the slab. He stated the shed meets or exceeds all other setback requirements. He further stated the required notices had been sent to neighboring landowners and that there was no need for the matter to go before the APC. Councilmember Egan asked the applicant the intended use of the shed. Mr. Skunberg stated it would be used to store bikes and lawnmowers and the like. Mayor Ellison asked the applicant if the variance was okay with the neighbors. The applicant stated he had heard no complaints. Larry Stark, neighboring landowner (Lot 10, Block 4), stated he was there representing three other neighbors and himself regarding this matter. He stated they are concerned regarding the timberwall which the applicant has on his property and questioned if the wall would be able to handle the additional weight of the shed. He questioned whether the wall would collapse and requested the City send an inspector to inspect the wall before construction. • edge 18/REGULAR CITY COUNCIL MEETING July 19, 1988 Mr. Hedges stated it was not City policy to inspect timberwalls. He further stated the City could not accept the responsibility. Mr. Stark stated that without the inspection he and his neighbors were against the approval of the variance. Councilmember Wachter stated he felt there was a need to review a sketch of the building before the City's approval. Mayor Ellison suggested to the applicant that he discuss the concerns with the neighbors. Mr. Hedges stated perhaps the applicant could obtain an inspection by an architect for the neighbors' review. Egan moved, McCrea seconded, the motion to continue the application for the 4 foot variance to the rear yard setback for Lot 4, Block 3 Parkridge Second Addition to allow the applicant to meet with the neighboring landowners regarding their concerns. All voted in favor. WAIVER OF PLAT/WILLIAM HUTTNER Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their June 28, 1988 meeting to consider a Waiver of Plat application to allow a conveyance of land sale located northwest of the Sunrise Hills and Woodland Additions and south of the Wescott Garden Lots in Section 14. He stated the APC recommended approval of the Waiver of Plat. City Planner Runkle stated no development would occur as a direct result of the Waiver of Plat; however, the applicant had submitted plans requesting a preliminary plat for a portion of the site. These plans had been modified slightly through the design process. The existing home near the northwest portion of the site has access onto Wescott Hills Drive. Councilmember Wachter referred to the APC Minutes and inquired if the meeting between Mr. Widstrom and the developer had been set. Mr. Runkel stated the matter had been attended to. Brad Swenson appeared for the applicant. Gustafson moved, Wachter seconded, the motion to approve the Waiver of Plat for William Huttner for the conveyance of a land sale located northwest of the Sunrise Hills and Woodland Additions and south of the Wescott Garden Lots in Section 14. All voted in favor. R-88.57 COMPREHENSIVE GUIDE PLAN AMENDMENT/PD/PRELIMINARY PLAT FOR ALL SAINTS LUTHERAN CHURCH ADDITION City Administrator Hedges stated a public hearing was held by the APC at their June 28, 1988 meeting to consider separate sage 19/REGULAR CITY COUNCIL MEETING July 19, 1988 applications requesting a rezoning of 3.85 acres within the Lexington South Planned Development from an R-1 to a PF District and a Preliminary Plat for the All Saints Lutheran Church addition. A Comprehensive Guide Plan Amendment is necessary changing the property from its present designation of D-II. The APC recommended approval of the applications. City Planner Runkle stated the site is located at the southeast intersection of Lexington Avenue and Wescott Road. He further stated the APC's only concern was regarding the landscaping and the matter is addressed in suggested Condition No. 8. Mayor Ellison stated there had been an erosion problem with a house on Wescott in that area during the super storm. He asked if this would be a concern for the church in the future. Public Works Director Colbert stated the drainage swale could handle the overflow. Gustafson moved, Egan seconded, the motion to approve the Comprehensive Guide Plan Amendment from the current D-II designation. All voted in favor. Gustafson moved, McCrea seconded, the motion to approve the Planned Development Amendment rezoning of approximately 4 acres zoned R-1 within the Lexington South Planned Development to a PF (Public Facilities) District. All voted in favor. Gustafson moved, McCrea seconded, the motion to approve a Preliminary Plat entitled All Saints Lutheran Church, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, Cl, C2, C4, C5, D1, El, F1 and G1. 2. Any signage over 7 feet tall shall require a conditional use permit. 3. Revise grading plan to provide drainage swales to minimize the potential for trapping runoff along the northerly side of the proposed building. 4. An additional catch basin is required in the southwest corner of the proposed parking area. 5. The development is required to construct a manhole at the northerly terminus of the sanitary sewer line provided to serve the site. 6. The development is required to provide a 20 foot slope easement along Lexington Avenue for future upgrading. rage 20/REGULAR CITY COUNCIL MEETING July 19, 1988 7. The development is required to provide a 10 foot wide permanent and additional 15 foot wide temporary construction easement along the southerly plat boundary. 8. Berming should be graduated from the southeast section towards the north to a three foot level with pine trees to be incorporated on top of the berm. All voted in favor. TOWN CENTRE 70 TENTH ADDITION Mr. Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting on June 28, 1988 to consider separate applications submitted by Federal Land Company for a preliminary plat for the Town Centre 70 Tenth Addition, a Conditional Use Permit to allow a car wash and motor fuel sales in a CSC district and a setback variance of 20 feet for the gasoline pump island canopy. The APC recommended denial of the applications. The major issues for the denial was the building exterior materials and the lack of landscaping. Dale Runkle presented the proposed plans to the Council. He stated the APC denied the application for the following reasons: 1. The landscape plan was not consistent with other commercial projects in the City. 2. The building exterior was proposed as grey/brown concrete block. 3. The canopy for the gasoline pumps required a 20 foot setback variance along the freeway frontage and there is a Super America in the auto mall. Mr. Runkle stated a revised landscape plan had been prepared that addressed the concerns expressed by the Advisory Planning Commission. He stated the plan was well done and related nicely to the auto mall to the immediate south. He stated the free standing canopy would be eliminated if the Council desired and an alternate plan would be prepared that attached to the building. He stated the canopy was important to the applicant because they felt it helped define the drive lane and the car drop area. Martin Colin, Federal Land Company, stated the Mermaid operation was a franchised operation. He stated that they have been working with the applicants regarding the landscape plan and feel the new proposed plan was a good plan. Ray Berg of the Esberg is the actual developer of the car wash. Mr. Berg stated they are ready to comply with all City page 21/REGULAR CITY COUNCIL MEETING July 19, 1988 requirements. He said the corporation does have other Mermaid Car Washes in the area. He further stated that a car wash uses less water to wash a car then washing the car at home. He also said that there is the potential to recycle with their car wash. Mr. Berg relayed the background of his company to the Council. Mr. Berg presented overall, landscaping and building design plans to the Council. He stated they will increase the berming with the landscaping. They feel the canopy is necessary as it provides a focal point for the smooth traffic flow through the car wash. Mr. Berg presented samples of the brick for the exterior of the building to the Council. He further presented the freeway visibility sketch to the Council. Councilmember Egan inquired of Mr. Berg what materials would be used for the canopy. Mr. Berg stated they would be the standard materials and that it would be metal faced. He further stated there would be down-casted lighting. Mr. Egan asked Mr. Berg to explain the traffic flow through the car wash. Mr. Berg stated there are three lanes for the car wash. He stated the canopy is 12 feet to the bottom and 4 feet in height and it covers two of the lanes. Councilmember McCrea had concerns regarding the retail sales. Mr. Berg stated that the customers drive into the building and then exist the car inside of the building. McCrea questioned what was sold inside of the building. Mr. Berg stated miscellaneous auto supplies such as mirrors and car mats. McCrea asked if customers would come and park their cars to purchase retail items and not receive a car wash. Mr. Berg stated they do not want retail sales only. McCrea questioned how many parking spaces were available. Mr. Berg stated there were 18 spaces and that there would be between 17 and 18 employees working during peak times. McCrea asked if the water would be recycled. Mr. Berg stated that currently the Apple Valley facility had the ability but they are not recycling the water. Public Works Director questioned the 30 foot entrance and the 30 foot exit lanes. He stated that this would be wider than the five lanes on Yankee Doodle Road. He feels this is excessive and not necessary and that the developer could scale down the width of the entrance and exits and add more landscaping. Mr. Berg stated the width of the entrances and exits were necessary as there are three doors coming in and out of the car wash facility. He state that this would help keep a smooth flow through the car wash and that there would be no traffic congestion. He stated they could restrict the entrance and open up the width internally. • L'age 22/REGULAR CITY COUNCIL MEETING July 19, 1988 Councilmember Egan stated he feels that there is the need for the 30 foot entrance and exit. McCrea stated she agrees that if the area looks congested the customers may not come into the car wash facility. The Council discussed the entrance/exit problem in detail. Mayor Ellison stated that the developer was sending the problem to the City streets and that the congestion problem should be solved internally. McCrea stated perhaps directional signs could be installed. Mr. Berg stated they do have directional signs showing the exit. Mayor Ellison asked if the exterior materials meet the new development standards. Mr. Hedges stated they did meet the standard as it was 100% brick and glass. Mayor Ellison asked if the canopy could be deleted and gates or striping could be used instead. Mr. Berg stated they do have stripes, however, the canopy helps with the traffic flow. McCrea asked if there was a similar facility in Apple Valley. Mr. Berg stated it is very similar except for the different entrance location. McCrea suggested that staff check with the Apple Valley and Burnsville staff to see if there was a traffic congestion problem. Mr. Wachter stated he had used other Mermaid facilities and there had not been a congestion problem. McCrea moved, Wachter seconded, the motion to approve a preliminary plat entitled Towns Centre 70 Tenth Addition, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bi, B2, C2, C4, Dl, El, F1 and Gi. 2. All signage shall be subject to the one-time signage fee of $2.50 per square foot. 3. The development is required to provide a 3 CFS storm sewer outlet to serve the northerly adjacent proposed Outlot A. 4. There shall be landscape screening along the freeway side of the facility to shield the canopy. 5. The building shall be constructed of brick or of a texture suitable to the surrounding facilities developed in the area. McCrea suggested including a condition that the staff should review the Burnsville and Apple Valley Mermaid facilities regarding the traffic congestion and confusion. Councilmember Egan suggested leaving the matter to the staff's discretion. It was agreed to exclude the condition. • rage 23/REGULAR CITY COUNCIL MEETING July 19, 1988 All voted in favor. Egan moved, McCrea seconded, the motion to approve a Conditional Use Permit to allow a car wash facility and motor fuel sales in a CSC District. All voted in favor. Egan moved, Wachter seconded, the motion to approve a variance for the canopy setback of 20 feet for the gasoline pump island located on a portion of existing Outlot B, Town Centre First Addition or proposed Outlot A. After discussion between the Councilmembers, it was decided there was no hardship to base the variance upon. Councilmember Egan withdrew his motion regarding the variance. Mr. Berg requested a consent for the grading and foundation permit. He also requested the Town Centre 70 Tenth Addition be placed on the next agenda for final plat approval. Mr. Hedges stated the matter could not be put on the next Council agenda because the developer had not met the requirements for final plat approval. He further stated that early approval of foundation and grading permits puts a hardship on the staff and recommended against early approval. McCrea stated she feels there should be no pressures put on the staff to move one plat ahead of other plats. RAHNCLIFF SECOND ADDITION City Administrator Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting on June 28, 1988 to consider applications for the rezoning of 5.6 Limited Business and 11.2 Roadside Business to a commercial planned development district and a preliminary plat for the Rahncliff Second Addition. In addition, a Comprehensive Guide Plan Amendment was required. He stated the APC recommended approval of the applications. City Planner Runkle stated the site is located between Rahn Road and Highway 35E along the south side of Cliff Road. He stated the uses proposed for this development are consistent with the existing zoning districts. The planned development zoning allows the City the opportunity to review the overall development at this time as opposed to individual requests on each lot. Also, architectural landscaping and signage compatibility will be addressed with this plat. Mr. Runkle stated the site is very flat and highly visible from Highway 35E. Access would be primarily from the previously constructed Rahncliff Court and to secondary drives connecting to Rahn Road. Shared parking areas provide 832 stalls, well above the amount required by code which is 730 to 815 stalls. Mr. Runkle described the breakdown of each area and the proposed • rage 24/REGULAR CITY COUNCIL MEETING July 19, 1988 r I use to the Council. He stated access and cross-parking easements needed to be approved by the City. Ray Williams presented the development plans to the Council. Roger Grant presented the landscape plan to the Council. The exterior design and building samples were shown to the Councilmembers. Councilmember Wachter inquired what happened to the hotel. Mr. Williams stated the surveys did not show enough people in the area and the hotels could not get financing for the project. Mayor Ellison complimented the developer on the landscaping and exterior design. Mr. Egan stated the landscape and exterior design were excellent in his opinion. Mr. Egan stated there was very significant zoning change that the Council was addressing at the meeting and that adding retail was not allowed under the current zoning. He stated he felt the Council needed to review the retail study and the possible traffic problems before acting on the matter. Councilmember Wachter stated he agrees with Mr. Egan on the zoning problem. Mr. Williams stated they have tried to meet the requirements of the RB zoning but that at the present time the developer could not get a hotel in the area. Mr. Wachter stated the project may be premature for the area. Councilmember McCrea stated that she had reviewed the code book on RB zoning and stated it eliminates alot of uses and she feels the RB zoning should be reviewed. Councilmember McCrea stated the retail study would be completed soon and the Council would be meeting in a workshop to review the study. Wachter moved, Egan seconded, the motion to continue the Comprehensive Guide Plan Amendment, a rezoning of 16.08 LB and RBacres to a Commercial Planned Development and a preliminary plat entitled Rahncliff Second Addition until the August 16, 1988 City Council Meeting to allow the Council to review the retail study. All voted in favor. AD HOC SENIOR HOUSING SITE SELECTION COMMITTEE City Administrator Hedges stated that at a Special Joint Workshop Meeting of the City Council and Advisory Planning Commission authorization was given by the City Council to establish an Ad Hoc Senior Housing Site Selection Committee for the purpose of reviewing five sites that the City is considering for acquisition to construct a Senior Housing Project in future years. He stated the Eagan Senior Citizens meet monthly and their noon luncheon was Wednesday, July 13. Tom Lovelace, the Planning Intern, Epage 25/REGULAR CITY COUNCIL MEETING July 19, 1988 . ~e' yitn and City Recreation Coordinator, Dorothy Peterson, addressed the group and four persons in attendance volunteered to serve on the committee. In addition to those persons, Doris Wilkins and Gary Graves have been designated by Chairperson Pawlenty to serve as representatives from the Advisory Planning Commission. Councilmembers recommended the following names to the Administrator as possible members for the committee: Martin DesLauriers, Bob Peterson, Jolene Billy, Bob Chowders and Connie Lea. Wachter moved, Egan seconded, the motion to approve the appointment of Ad Hoc Senior Housing Site Selection Committee based upon the above nominations, subject to their acceptance. All voted in favor. TEMPORARY SIGN/PILOT KNOB ROAD CONSTRUCTION City Administrator Hedges stated the the churches had requested they be allowed to erect directional signs for a few weeks during the construction period of Pilot Knob Road. Mr. Hedges suggested allowing the signs to be erected without a permit. He stated the signs would have to be removed two weeks after the construction ends. Wachter moved, Gustafson seconded, the motion to allow temporary signs for churches and businesses impacted by the Pilot Knob Road construction. All voted in favor. RETAIL STUDY Councilmember Gustafson stated he was frustrated because of the delay of the retail study. He stated the study should have been completed in May and that the delay of the study has delayed alot of the development projects in Eagan. Egan moved, Gustafson seconded, the motion to schedule a meeting to review the retail study plan on August 8, 1988 at 7:00 p.m. All voted in favor. CARRIAGE HILLS GOLF COURSE Mayor Ellison updated the Councilmembers on the the progress regarding the matter. MISS EAGAN CONTEST Councilmember McCrea asked if the City endorses the Miss Eagan Contest. Mayor Ellison stated it was a merchant who was endorsing the matter. It was suggested that next year the City become involved with the Miss Eagan Contest. rage 26/REGULAR CITY COUNCIL MEETING July 19, 1988 • POLE BARN Councilmember McCrea asked for an update regarding the pole barn matter. City Planner Runkle stated he had been in contact and further stated provisions were to be completed by the first of August. If the matter was not attended to by August 1, citations would be issued. BILLS Wachter moved, McCrea seconded, the motion to approve the check list dated July 19, 1988 in the amount of $1,240,578.56. All voted in favor. and dated June 30, 1988 in the amount of $1,152,827.89. ADJOURNMENT Upon motion duly made by McCrea and seconded by Wachter, the meeting was adjourned at 11:45 p.m. All voted in favor. ft a 6 4- U-1A - EUG VAN OVERBEKE` CITY CLERK