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05/18/1993 - City Council Regular n."r MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota May 18, 1993 A regular meeting of the Eagan City Council was held on Tuesday, May 18, 1993, at the Eagan Municipal Center. Because of school board elections, the meeting did not begin until the polls closed at 8:00 p.m. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Awada moved, Wachter seconded, a motion to approve the agenda of the May 18, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 Councilmember Hunter asked that the minutes of the May 4, 1993, regular City Council meeting be corrected as follows: Page 9, the motion for a conditional use permit for Aagard Environmental Services should have read as follows: "Hunter moved, Awada seconded, a motion to approve a conditional use permit for Aagard Environmental Services to allow outdoor storage of trucks and empty roll-off containers on Lot 8, Block 1, Sibley Terminal Industrial Park, as presented and subject to the following conditions:" Wachter moved, Masin seconded, a motion to approve the minutes of the May 4, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 DARZ')s?iE'>> BIIIE'' FINANCE DEPARTMENT/CITY INSURANCE AGENT/BROKER Mayor Egan introduced this item as Finance Department, Appointment of a City Insurance Agent/Broker. City Administrator Hedges reported that he, Director of Finance VanOverbeke, and Councilmember Hunter had met in special session prior to the Council meeting with representatives of the three finalists seeking appointment as the City's insurance agent/broker. It was the panel's recommendation that Youngdahl and Associates receive that appointment. After brief discussion, Hunter moved, Wachter seconded, a motion to appoint Youngdahl and Associates and the City Insurance Agent/Broker for a three year period beginning with the July 1, 1993, renewal, subject to annual renewal and the negotiation of fees. Aye: 5 Nay: 0 PARKS & RECREATION DEPARTMENT/FEEDING OF GEESE Mayor Egan introduced this item as the Advisory Parks, Recreation & Natural Resources Commission Recommendation Regarding Feeding of Geese. City Administrator Hedges provided a brief background on this item and indicated that Dorothy Peterson of the Parks and Recreation Department was present to answer any questions. It was the consensus of the City Council that signs be placed in Cedar Pond Park requesting that residents not feed the ducks and geese in order to help control the water fowl numbers at this park. Page 2/EAGAN CITY COUNCIL MINUTES May 18, 1993 Wachter moved, Masin seconded, a motion to direct staff to place signs where they can be readily seen for Cedar Pond Park restricting feeding of wildlife. Aye: 5 Nay. 0 PARKS & RECREATION DEPARTMENT/CONSIDER LAND ACQUISITION Mayor Egan introduced this item as consideration of negotiations for land acquisition, Outlots C & D, Bridle Ridge 2nd Addition. Dorothy Peterson was present to answer any questions. In answer to questions by Councilmember Wachter, Dorothy Peterson indicated the property is landlocked and the cost of acquisition is not yet known. The City Council expressed an interest in exploring the feasibility but with an eye to cost. Awada moved, Hunter seconded, a motion directing staff to explore the acquisition of Outlots C and D in Bridle Ridge 2nd Addition with a proposal to be returned to the City Council. Aye: 5 Nay: 0 City Administrator Hedges recommended that the first three items of the Administrative Agenda be added as Items 7, 8, and 9, of the Personnel Items portion of the Consent Agenda. The City Council concurred. Members of the Council expressed their regrets in accepting the resignation of the Assistant Chief Building Official, Steve Hanson, who is leaving to become the Chief Building Official in Apple Valley. A. Personnel Items Item 1. Seasonal Park Maintenance Workers--It was recommended that the hiring of Joseph Zumora and Marilyn de Leon as seasonal park maintenance workers be approved. Item 2. Seasonal Tree Inspector--It was recommended that the hiring of Jeffrey Perry as seasonal tree inspector be approved. Item 3. Seasonal Substitute Concession Worker--It was recommended that the hiring of Sarah Falls as a substitute seasonal concession worker be approved. Item 4. Utility Maintenance Workers--It was recommended that the hiring of Brett Collier and Michael Hillman as utility maintenance workers be approved subject to successful completion of the City's physical examination requirement. Item 5. Resignation/Assistant Chief Building Official--It was recommended that the resignation of Assistant Chief Building Official, Steve Hanson, be reluctantly accepted. Item 6. Resignation/Part-Time Dispatcher--It was recommended that the letter of resignation from part-time dispatcher Veronica Morrison be accepted. Item 7. Seasonal Park Attendant--It was recommended that the hiring of Shane Johnson as a seasonal park attendant be approved. Item 8. Seasonal Utility Maintenance Worker--It was recommended that the hiring of David C. Herme as a seasonal utility maintenance worker be approved. Item 9. It was recommended that the resignation of Police Officer Richard Clark be accepted and the Chief of Police authorized to fill the position. Page 3/EAGAN CITY COUNCIL MINUTES May 18, 1993 B. Licenses. Plumbers It was recommended that the plumbers licenses be approved for the following: 1) J. Baars Plumbing & Heating, 2) DMC Plumbing & Heating, 3) Dalby Plumbing, 4) New Mech Companies, Inc., 5) One Stop Plumbing Shop, 6) Spartan Mechanical, 7) Lee Stull Plumbing, and 8) Gregg Werner Plumbing. C. Agreement. D.A.R.E. and Police Liaison Services. City of Eagan and ISD #196 It was recommended that the DA.R.E. and Police Liaison Services Agreement with Independent School District #196 be approved for the 1993 - 1994 school year. D. Project 651. Receive Feasibility Report/Order Public Hearing (Cedar Grove 6th & 9th Additions - Streetlights) It was recommended •that the feasibility report for Project 651 (Cedar Grove 6th & 9th Additions - streetlights) be received and a public hearing scheduled for June 1, 1993. E. Project 652, Receive Feasibility Report/Order Public Hearing (Cedar Grove 3rd Addition - Str etli) It was recommended that the feasibility report for Project 652 (Cedar Grove 3rd Addition - streetlights) be received and a public hearing scheduled for June 1, 1993. F. Project 653. Receive Feasibility Report/Order Public Hearing (Cedar Grove 4th Addition - Streetlights) It was recommended that the feasibility report for Project 653 (Cedar Grove 4th Addition - streetlights) be received and a public hearing scheduled for June 1, 1993. G. Project 654. Receive Feasibility Report/Order Public Hearing (Cedar Grove 5th Addition - Streetlights) It was recommended that the feasibility report for Project 654 (Cedar Grove 5th Addition - streetlights) be received and a public hearing scheduled for June 1, 1993. H. Extension for Recording of Final Plat. Town Centre 100 - Eleventh Addition (Valvoline Instant Oil Change) It was recommended that an extension for filing of the final plat of Town Centre 100 - Eleventh Addition for Valvoline Instant Oil Change be approved through June 30, 1993, contingent upon the execution of a new waiver of assessment. 1. Proclamation. Burnsville man Public Access Volunteer Appreciation Day. June 5. 1993 It was recommended that June 5, 1993, be proclaimed as Burnsville/Eagan Public Access Volunteer Appreciation Day. R-93.32 J. Final Plat. Episcopal Church Addition It was recommended that the final plat for Episcopal Church Addition be approved as presented. R-93.33 Page 4/EAGAN CITY COUNCIL MINUTES May 18, 1993 K Project 650. Receive Feasibility Reoorrt/Order Public Hearing (Hawthorne Woods 3rd Addition - Utilities) It was recommended that the feasibility report for Project 650 (Hawthorne Woods 3rd Addition - Utilities) be received and a public hearing scheduled to be held on June 15, 1993. Hunter moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 There are no public hearings. APPOINTMENT TO ADVISORY PLANNING COMMISSION Mayor Egan introduced this item as consideration of an appointment to fill the vacancy on the Advisory Planning Commission. After balloting, Gunnar Isberg was appointed to complete the remainder of the vacant term on the Advisory Planning Commission which is due to expire as of the organizational meeting in January of 1994. With the appointment of Gunnar Isberg, Roy Wallace was appointed to complete the remainder of the one-year alternate term which will also expire at the organizational meeting in January of 1994. CONDITIONAL USE PERMITS/ADAMS OUTDOOR ADVERTISING Mayor Egan introduced the next three items of Old Business and indicated that discussion would probably involve all three sign applications; however, action would take be taken individually. CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING PARCEL 011-27 Mayor Egan introduced this item as a conditional use permit for Adams Outdoor Advertising, to allow an advertising sign on Parcel 011-27 located on the east side of I-35E west of Plaza Drive in the NW 1/4 of Section 32. CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING PARCEL 041-01 Mayor Egan introduced this item as a conditional use permit for Adams Outdoor Advertising, to allow an advertising sign on Parcel 041-01 located along the east side of I-35E south of Diffley Road in the NE 1/4 of Section 29. CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING OUTLOT A/RASMUSSEN COLLEGE CAMPUS Mayor Egan introduced this item as a conditional use permit for Adams Outdoor Advertising, to allow an advertising sign on Outlot A, Rasmussen College Campus, located east of Federal Drive along I-35E in the NE 1/4 of Section 16. Page 5/EAGAN CITY COUNCIL MINUTES May 18, 1993 City Administrator Hedges and Acting Director of Community Development Hohenstein provided a brief background and the issue was opened for public testimony. John Bodger of Adams stated that he had met with local business owners and obtained signatures on a petition showing business support for a limited number of new outdoor advertising locations on Interstate 35E. He further stated that Cedarvale is not the only depressed commercial area in the City and cited other shopping areas that would benefit from a billboard sign. Mr. Bodger indicated that Adams has already agreed not to place alcohol or tobacco ads on their billboards and would also be willing to try for local business ads only. He stated that they have reduced the height for all three sign applications to 20' - 25', which would eliminate their being seen by residents. At Rasmussen, if Adams moved the sign to a lower elevation and lowered the height, it would not be seen above the ridge sight line. In addition, the sign would be 400' from the Rasmussen property. Tom Hart, of Winthrop and Weinstine representing Adams Outdoor Advertising, said the sign applications were substantially different than their previous applications. He said Adams had tried to compromise and address concerns but were searching for a balance between those in the community who oppose the signs and the interests of the businesses that can benefit from them. He referenced Al Baker and on how his business has benefitted from the advertising. Mr. Hart stated that a single sign in the proper location does not constitute "visual blight." Mr. Hart went on to say that each of the parcels on which the Adams signs will be located will be developed in the future to more intensive uses than these signs. He noted that some are opposed to the signs because they are concerned that once they are allowed, they will be there forever. Mr. Hart said the applicant has agreed to remove the signs once the property is developed and proposed a sunset provision whereby the signs would be removed after five years or an application would be made for a new conditional use permit. He stated that a single sign would not have a negative impact on property values and cautioned that neighborhood opposition without objective evidence of negative impact was not sufficient cause to deny an application. He said that while Rasmussen Business College had submitted an appraisal that indicated a negative property value impact, they do not believe this to be the case and addressed each of the points made by the appraiser. Tom Gallagher of M. G. Astleford, the owner of each of the parcels proposed in the applications, referenced the difficulty in selling the parcels and the taxes they pay each year for the properties. He further stated that the three billboards would help them recover approximately one-fourth of those costs. Mr. Gallagher admitted that the M. G. Astleford Company has had its problems in working with the City in the past but has tried to change that in the last few years. For all their efforts, however, Mr. Gallagher said each proposal for their properties has been denied. He compared their work record with the City of Burnsville and indicated that have not encountered such difficulties in working with Burnsville. Mayor Egan noted that Mr. Gallagher had not provided any specifics regarding his complaints but said such complaints were irrelevant to these applications. He suggested Mr. Gallagher spell out his concerns in a letter to permit them to be addressed. Charles Shirron, 4714 West Wind Trail, disagreed that the sign on Plaza Drive would not be visible from his property. He said that from the east, there is a break in the trees permitting the sign to be seen from that angle. Dave Sellergren, representing Rasmussen Business College, stated that the conclusion of evidence would not justify the conditional use permit and listed additional business opposition to the sign and the negative impact on property values referenced by their land appraiser. He referred to the importance of the appearance of the Rasmussen campus in attracting students through drive-bys. Mr. Sellergren pointed out that Rasmussen does not have an advertising sign because they believe it would only lead to a proliferation of signs thereby Page 6/EAGAN CITY COUNCIL MINUTES May 18, 1993 contributing to visual blight in that area. He stated there is ample evidence that the sign company had not made three of the findings in favor of the sign. Discussion was then returned to the City Council regarding each of the applications. The following reflects their discussion and action: CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING PARCEL 011-27 Conditional use permit for Adams Outdoor Advertising, to allow an advertising sign on Parcel 011-27 located on the east side of I-35E west of Plaza Drive in the NW 1/4 of Section 32. Councilmember Masin stated she did not see this location as appropriate. Councilmember Wachter noted his agreement with the four points made by the Advisory Planning Commission in denying this application and added a fifth stating that residents are opposed to any more billboards in the City. Councilmember Hunter referred to the petition submitted by Adams Outdoor Advertising and agreed that the signs may help the vacancy rates being experienced at various commercial centers but questioned whether that help would offset the negative impact on neighboring residents. Councilmember Awada also stated she was not in favor of this location and cited its proximity to a residential area. She said the sign location had been turned down in 1991 and noted there had been no change in circumstances. Mayor Egan questioned whether focussing development away from its natural focus would be detrimental to what the City is attempting to accomplish. Concerns were expressed that the sign would not be temporary and would become permanent. After further discussion, Wachter moved, Hunter seconded and added three additional reasons, a motion to deny a conditional use permit for Adams Outdoor Advertising to allow an advertising sign on Parcel 011-27, located on the east side of I-35E, west of Plaza Drive, and the City Attorney directed to prepare findings of fact citing the following: 1. The billboard is incompatible with the City's Comprehensive Guide Plan. 2. The billboard will be too close to residential areas,. 3. The billboard will not enhance the area. 4. The billboard will be a detriment to the area. 5. The site is adjacent to a residential area and the proposed sign would be clearly visible and intrusive to the residential area, which would reduce the integrity of the residential area. 6. The establishment of the sign may adversely affect the property values of the surrounding and adjacent property. 7. The City council views large outdoor advertising signs as a temporary use and the Council finds that the establishment of an outdoor advertising sign may delay development and potential tax revenue to the City, thus making the sign permanent rather than temporary. Councilmember Wachter noted that the City of Bloomington is now trying to buy out some of the billboards in their City and he would not like to see the City of Eagan involved with anything similar. Mayor Egan asked City Attorney Sheldon how a five-year sunset provision would work with the no-net gain ordinance. City Attorney Sheldon stated that any billboard with a sunset provision would be listed in Table Page 7/EAGAN CITY COUNCIL MINUTES May 18, 1993 A of the new ordinance; however, removed from the table when the sunset provision took effect because of the revocation of the conditional use permit. R-93.34 Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING PARCEL 041-01 Conditional use permit for Adams Outdoor Advertising, to allow an advertising sign on Parcel 041-01 located along the east side of I-35E south of Diffley Road in the NE 1/4 of Section 29. Councilmember Awada indicated she did not find this sign location as objectionable because the property is likely to develop before the five-year sunset provision takes effect. In addition, City Attorney Sheldon noted that since a reapplication would not carry vested rights, any change in circumstances or change in factors would have significance in the Council's decision on a reapplication. Tom Hart, representing Adams Outdoor Advertising, indicated they would be willing to stipulate there would be no vested rights with any reapplication. Councilmember Masin referenced the Advisory Planning Commission's questioning of the sign's compatibility with the area and noted that it will "stick out" at this location. Councilmember Wachter said that while he did not believe the reasons were as compelling as with the previous application, he still believed they were sufficient to deny; he indicated he would not vote in favor. Mayor Egan disagreed that the sign was as obtrusive as the previous example and, with the sunset provision, he was more inclined to look favorably on this application. Councilmember Hunter cited the possible benefits to nearby retail centers. After additional discussion, Hunter moved, Awada seconded, a motion to approve a conditional use permit for Adams Outdoor Advertising to allow an advertising sign on Parcel 041-01, located along the east side of I-35E, south of Diffley Road in the NE 1/4 of Section 29, subject to the following conditions: 1. The conditional use permit shall be recorded with the Dakota County Recorder within 60 days with documentation provided to the City. 2. The sign shall meet the required 10' setback from the property lines. 3. The sign shall be subject to the one-time sign fee of $2.50/sq.ft. 4. This conditional use permit shall be subject to all other applicable Code requirements. 5. The applicant must reapply for a conditional use permit after five years and will have no vested rights toward such reapplication. Aye: 3 Nay: 2 (Wachter, Masin) CONDITIONAL USE PERMIT/ADAMS OUTDOOR ADVERTISING OUTLOT A/RASMUSSEN COLLEGE CAMPUS Conditional use permit for Adams Outdoor Advertising, to allow an advertising sign on Outlot A, Rasmussen College Campus, located east of Federal Drive along I-35E in the NE 1/4 of Section 16. i a r a Page 8/EAGAN CITY COUNCIL MINUTES May 18, 1993 Mayor Egan indicated this application has the same problems as the Plaza Drive application and referenced the objections of the neighbors. Councilmember Hunter stated that not only Rasmussen Business College had objected but other neighbors as well; he indicated he was not in favor. Masin moved, Hunter seconded, a motion to deny a conditional use permit for Adams Outdoor Advertising to allow an advertising sign on Outlot A, Rasmussen College Campus, located east of Federal Drive along I-35E, in the NE 1/4 of Section 16, and the City Attorney directed to prepare findings of fact citing the following: 1) The billboard is incompatible with the City's Comprehensive Guide Plan. 2) The billboard will be too close to residential areas. 3) The billboard will not enhance the area. 4) The billboard will be a detriment to the area. 5) The site is adjacent to a residential area and the proposed sign would be clearly visible and intrusive to the residential area, which would reduce the integrity of the residential area. 6) The establishment of the sign may adversely affect the property values of the surrounding and adjacent property. 7) The City Council views large outdoor advertising signs as a temporary use and the Council fords that the establishment of an outdoor advertising sign may delay development and potential tax revenue to the City, thus making the sign permanent rather than temporary. Aye: 5 Nay: 0 R-93.35 ORDINANCE AMENDMENT/SIGNS Mayor Egan introduced this item as an amendment to an ordinance, City Code Chapter 4, Placement, Erection and Maintenance of Signs. City Administrator Hedges stated that the ordinance is a result of the work performed by the Sign Task Force, City Council and staff. Discussion took place regarding various parts of the ordinance beginning with the maximum square footage of a sign. There did not appear to be any support for permitting the maximum square footage of each sign to be increased from 250 sq.ft. to 378 sq.ft. Mayor Egan noted his preference for 250 sq.ft., as contained in the existing ordinance, suggesting a variance application for anything above that maximum. In answer to a question, it was noted there would be no limits placed on the number of times a sign can be moved. City Attorney Sheldon advised that the potential relocation of signs would be unlimited; however, the applicant would still have to go through the conditional use permit process and meet the ordinance standards. Mayor Egan then referred to a suggestion that signs be limited to the industrial park area of the City. The preference of the Council was to remain flexible citing unforeseen changes in circumstances that may occur in the future affecting these locations. Michael Cronin, Naegele Sign Company, directed the Council's attention to changes his company would like to see incorporated into the new sign ordinance. He encouraged the Council to: 1) stay with the proposed ordinance's billboard square footage allowance of 378 sq.ft, 2) keep billboards within the industrial park areas, • J .8 Page 9/EAGAN CITY COUNCIL MINUTES May 18, 1993 and 3) permit signs to remain after development if the applicant and City Council agree in order to help the property in the developmental stages. Dave Sellergren voiced Rasmussen Business College's opposition to any further billboards in the City and supported Naegele's position that existing billboards on I-35E be limited to north of Yankee Doodle Road. Mayor Egan reiterated the City Council's desire to remain flexible regarding billboard locations and Councilmember Hunter said that while he generally agreed that the area north of Yankee Doodle was preferable, he did not believe it necessary to put those restrictions in the City Code. John Bodger cautioned that the new ordinance, by limiting the number of signs, will remove property owner rights in negotiations with the sign companies. If the sign company does not like the economic arrangements, they can remove the sign and place it at another location; however, the property owner will not have the same opportunity to negotiate with other sign companies to replace the sign they have lost. City Attorney Sheldon pointed out that other than limiting the faces, size and locations of signs, the City in passing the proposed ordinance is not trying to limit or embellish anyone's private property rights. Mayor Egan returned discussion to limiting the distance between billboard signs and Naegele's suggestion that the ordinance requirement be increased to 1,500'-2,000'. Acting Director of Community Development Hohenstein noted that the 1,000' distancing in the proposed ordinance applies only to the same side of the street and the requirement drops to 300' for signs on opposite sides of the street. After discussion, it was the consensus of the City Council that the distancing requirements remain as they are in the proposed ordinance. The Council also did not find any support for Naegele's third suggestion that signs be permitted to remain at their locations during the developmental stages of the property. Bob Graziger of Adams Outdoor Advertising agreed that the number of signs in the City should be limited; however, he pointed out that the proposed ordinance would limit competition by placing all rights with the sign owner not the property owner. He noted that because Naegele has the vast majority of existing signs, they will also have the flexibility for all future locations. Mr. Graziger asked for free enterprise in negotiating with the property owners. He said he was not trying to increase the number of signs, only the opportunity to compete for the existing sign locations. He expressed his frustration at the ordinance being replaced with one in which they cannot participate. He suggested passage be delayed in order to work out this problem. It was noted that there had been ample time prior to this meeting to express concerns and Councilmember Hunter suggested the ordinance be passed with discussion and amendment later if necessary. Hunter moved, Awada seconded, a motion to adopt an amendment to the City Code, Chapter 4.20 relative to off-premise (billboard) signs with the following modifications: 1) Subd. 4, B.4., the maximum square footage of a sign be amended from 378 square feet to 250 square feet. 2) Subd. 4, B.5., be amended from 1,000 lineal feet to 1,500 lineal feet on the same side of the street. 3) Table A of the ordinance be amended to include the addition of the Adams Outdoor Advertising sign approved earlier on this agenda. Aye: 4 Nay: 1 (Wachter) CONSERVATION EASEMENT/HARVEY'S HERITAGE ADDITION Mayor Egan introduced this item as a review of a conservation easement, Lot 3, Block 1, Harvey's Heritage Addition. Acting Director of Community Development Hohenstein reviewed the application and the _ Page 10/EAGAN CITY COUNCIL MINUTES May 18, 1993 conditions recommended for approval. Sally Fahey, the applicant, and Mary K Braun, the current property owner, were present to answer any questions. Awada moved, Hunter seconded, a motion to approve an exception to the conservation easement for Harvey's Heritage Addition for a pedestrian access to Fish Lake via a site-sensitive stairway and railing on Lot 3, Block 1, Harvey's Heritage Addition, within the following parameters: 1) No trees shall be removed. 2) The width of the stairway shall be limited to 4'. 3) The stairway and railing shall be earthtone in color. 4) The access will be subject to staff's review and comments before construction begins. Aye: 5 Nay: 0 VARIANCE/R A KOT HOMES Mayor Egan introduced this item as a variance for R.A. Kot Homes, of 10 Feet to reduce the required front yard setback from 30 feet to 20 feet, Lot 1, Block 1, Suncrest Addition. Acting Director of Community Development Hohenstein reported that the developer received a variance in 1991; however, that approval had expired. The applicant is requesting a similar variance in order to preserve trees, prevent erosion and to conform to the existing properties in the neighborhood. Director of Public Works Colbert stated that the grading for this property was not done as a part of the original development plan. If the house is to be built as planned, it will be necessary to have additional drainage easements dedicated across the portion of the property to accurately reflect the existing elevations of the lot. Because of this, staff recommended that a condition of variance be the dedication of a drainage and utility easement incorporating the 891.0 elevation. Mr. Colbert also pointed out that as staff was reviewing the property for this application, it was noted that the corner stakes for the house do not match the application. Because of the limited building area, the house should be properly staked before the variance is granted and the easement reflected on the survey. Mike Sullivan, R.A. Kot, agreed that the survey is incorrect and will be corrected. Mayor Egan stated that the applicant had met the hardship criteria, i.e., soil erosion, tree preservation, topography, size and shape of the lot, and conformance to the abutting properties, and said he would support staff's recommendation regarding easement requirements. In answer to a question from Councilmember Wachter, Mr. Sullivan indicated the basement elevation would be 896. Wachter moved, Awada seconded, a motion to approve a variance of 10' to the required 30' setback for Lot 1, Block 1, Suncrest Addition, subject to the location of the easement being referenced on the certificate of survey and subject to all applicable City ordinances and requirements . Aye: 5 Nay: 0 VARIANCE/WILLIAM & PAMELA DONOVAN Mayor Egan introduced this item as a variance for William and Pamela Donovan, of 4' to reduce the required side yard setback from 10' to 6% 4166 Blueberry Circle. Acting Director of Community Development Hohenstein provided background on this application and noted that the applicants had intended to put a four- season porch on the house when it was built but because of financial constraints delayed its construction. It is- Page 11/EAGAN CITY COUNCIL MINUTES May 18, 1993 the applicants' contention that the house was not placed on the lot properly when it was built thus necessitating the variance application. Mr. Hohenstein said it should be noted that only a corner of the addition encroaches into the setback. Bill Donovan, the applicant, said only 10% of the porch addition encroaches into the setback. He said that because of the shape of the lots on his circle, the encroachment will not bring his house any closer to his neighbor's house. Because of the irregular nature of the lot, the encroachment of only 10% of the addition into the setback, the applicants' consulting with and receiving the approval of their neighbors, and the potential error in the original placement of the home on the lot, Hunter moved, Wachter seconded, a motion to approve a variance of 4' to the required 10' sideyard setback for William and Pamela Donovan for property located at 4166 Blueberry Circle subject to all applicable City Codes and requirements, including the following condition: 1. A building permit shall be applied for through the Protective Inspections Department. Aye: 5 Nay: 0 WAIVER OF PLAT/RICHARD BERTZ Mayor Egan introduced this item as a waiver of plat for Richard Bertz, to split Lot 32, Block 2, Lakeside Estates, into two parcels located along the south side of Atlantic Hills Drive and a variance of 10' to the required 30' minimum building setback from public right-of-way for Parcel B, SE 1/4 of Section 25. City Administrator Hedges stated that the Advisory Planning Commission had recommended approval of the waiver but had taken no action on the variance. Acting Director of Community Development Hohenstein presented the application. Rick Bertz, the applicant, was present to answer any questions. He noted that the setback variance would still leave the house consistent with other homes in the neighborhood and noted it was necessary due to the 50' Department of Natural Resources' setback requirement from the lake at the rear of the lot. Wachter moved, Awada seconded, a motion to approve a waiver of plat to split Lot 32, Block 2, Lakeside Estates, into two parcels located along the south side of Atlantic Hills Drive in the SE 1/4 of Section 25, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, D1, El, F1, G1, and H1 2. The City Council shall approve a variance of 10' to the required 30' minimum building setback from public R.O.W. for Parcel B. 3. Parcel B shall be responsible for cash park and trailway dedication and water quality requirements. 4. The developer shall submit a grading plan with the proposed building permit application. 5. The final grading plan shall protect a 25 foot wide buffer strip along the edge of Pond LP-31. 6. The developer shall be responsible to install a 4" sanitary sewer service and a 1" water service to the new lot and the developer shall obtain a Work Within the Right-of-Way Permit prior to the installation of the utility services. .m a Page 12/EAGAN CITY COUNCIL, MINUTES May 18, 1993 Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve a variance of 10 feet to the required 30 foot frontyard setback as presented and for the reasons stated. Aye: 5 Nay: 0 City Administrator Hedges indicated that the applicant had raised a number of questions regarding the financial obligation associated with the lot split. Mr. Bertz said they are faced with a $10,000 financial obligation in order to subdivide and he is of the opinion the methods used to calculate the assessments are in error. After discussion, Mr. Bertz was asked to draft a letter outlining and defining what issues should be researched in support of his claim for relief from a portion of the assessments. As soon as the issue is researched, it will be returned to the City Council for a final determination. R-93.36 PRELIMINARY PLAT/ROUNDS ADDITION Mayor Egan introduced this item as a preliminary for Rounds Addition/Greg & Marilyn Rounds, consisting of two lots on approximately one previously zoned R-1 (Single Family) acre located along the east side of Pilot Knob Road, north of Jurdy Road in the NW 1/4 of Section 10. City Administrator Hedges advised that the Advisory Planning Commission had recommended approval. Acting Director of Community Development Hohenstein described the application and indicated that the applicant had built the original home on the northern portion of the lot in order to permit the eventual subdivision of the property if they so desired. The lots meet all City requirements for lot width and lot size and access to both lots is proposed as separate curb cuts on Pilot Knob Road. The curb cuts exist at this time; however, the Dakota County Plat Commission does not recommend approval due to the spacing guidelines not allowing individual driveways in these locations. Mr. Hohenstein said the County is recommending the driveway to the north be shared and that the southern curb cut not be used. A condition of approval is the resolution of this issue with Dakota County prior to final plat approval. Marilyn and Greg Round stated they did not know how to resolve the driveway issue with the County. Mr. Round said Dakota County originally put the curb cut in and they (the Rounds') are currently using the driveway. He indicated he did not know how the County could take the curb cut away when there are 10 or 20 driveways north of the Rounds' property on the County Road that are closer together than theirs. In addition, Mr. Round said having both his lots use the north driveway would be nonsense when access would cut through their hedge, cross their front lawn and go down a hill along a jogging path before joining the northern driveway. Mayor Egan asked City Attorney Sheldon his opinion of a curb cut onto Pilot Knob Road authorized by Dakota County at the time of the original construction in '80-'81 and what kind of legal rights that would create. Mr. Sheldon said it would seem the Rounds' already have legal rights. Mayor Egan cautioned that the City's opinion of what would be appropriate would not necessarily have an impact on the County's decision. He noted that resolving the driveway issue was a condition of preliminary plat and would have to be resolved prior to final plat. Mr. Rounds expressed his surprise that the County could take this action when the driveways are over 100' apart. In answer to a question from City Councilmember Masin, the Rounds' stated they had not made their case to the County because they had not been notified of the County's action until after the fact. It was suggested the Rounds' ask for reconsideration and refer to this preliminary plat, the precedence the County had already established with other driveways, and the existing curb cut. Mayor Egan also suggested that the Rounds' contact Dakota County Commissioner Battaglia and enlist her help on their behalf. Mr. Rounds reiterated they are only asking for something that already exists and they already use. Page 13/EAGAN CITY COUNCIL MINUTES May 18, 1993 Hunter moved, Wachter seconded, a motion to approve a preliminary plat consisting of two lots on approximately one previously zoned R-1 (single family) acre located along the east side of Pilot Knob Road north of Jurdy Road in the NW 1/4 of Section 10, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, C1, C2, El, Fl, G1, and Hi 2. During grading for Lot 2, Block 1, fencing shall be placed around the existing maple tree near the north lot line to ensure its protection. 3. The final plat application shall include a utility layout plan showing how sanitary sewer and water service will be provided to the proposed house on Lot 2. 4. The applicant shall resolve the Pilot Knob Road access situation with Dakota County prior to final plat approval. 5. The proposed house on Lot 2 shall connect its water service to the existing 16" water main in Pilot Knob. 6. A turn-around driveway is required for the proposed house on Lot 2. 7. Building permit review shall include a review of proper drainage so as not to impair the properties to the south. Aye: 5 Nay: 0 PRELIMINARY PLAT/LAKEWOOD HILLS 2ND ADDITION Mayor Egan introduced this item as a preliminary plat for Lakewood Hills 2nd Addition/Jeffrey A. Rud, consisting of two lots on approximately 3.2 previously-zoned R-1 (Single Family) acres located along the west side of Lakewood Hills Road, north of Cliff Road in the SE 1/4 of Section 26. City Administrator Hedges stated that this item had been before the Advisory Planning Commission at their April meeting and they had recommended approval. He further stated the APC had also recommended the deletion of Condition #4 referring to an upgrade of Lakewood Hills Road. Acting Director of Community Development Hohenstein presented the application and noted that the applicant had objected to the financial requirements. Staff is recommending that the financial obligations not become due at this time and that the applicant sign a waiver on the storm sewer trunk assessments thus preventing a subsequent appeal. The applicant, Jeff Rud, was present to answer any questions. Betty Undis, 870 Lakewood Hills Drive, expressed her concerns about the lot split because of the loss of trees when an additional driveway is put in, as well as adding to safety concerns about an already dangerous corner. She also indicated the neighbors do not want Lakewood Hills Drive upgraded to accommodate the property split. Mayor Egan noted that after the split, both lots exceed the City's standards for even estate zoning. Ronald Pavlak, 890 Lakewood Hills Drive, cited the negative impact of any subdivision on property values and the quality of life in their neighborhood. Page 14/EAGAN CITY COUNCIL MINUTES May 18, 1993 Donna Wills, 888 Lakewood Hills Drive, said she was the Chairperson representing the neighborhood association. She too mentioned the comer and how dangerous it already is without adding another driveway. She said the neighbors have all tried to do things cooperatively for safety and aesthetic reasons. Jeff Rud, the applicant, indicated his sensitivity to the neighborhood and stated that the only reason the driveway was shown at the northern comer of the property was his desire to conserve trees. He said the driveway location does not have to be determined at this time. Mr. Rud would like to adhere to the wishes of the neighborhood even though he has already moved and does not need to; however, another home will not lower home values in the neighborhood. Mayor Egan indicated he is familiar with the neighborhood. He stated there isn't a driveway in the subdivision without limited site distance but noted there is limited traffic and all of it is local. Mr. Pavlak returned to the podium to ask why, when they originally had a "no subdivision clause," Mr. Rud can subdivide his property. It was pointed out that Mr. Pavlak was likely referring to restrictive covenants but such covenants are private and subject to private enforcement. It was recommended he check with Dakota County to see if such covenants have been filed and whether they are still in effect. Mr. Rud noted for the record that his property is in Wilderness Retreat not the Lakewood Hills subdivision. Further discussion continued regarding the neighbor's safety concerns but it was agreed that the safety problems as stated were not sufficient to deny property rights to the applicant. In addition, it was agreed that a condition regarding Mr. Rud's financial obligation be retained with the understanding that Mr. Rud will negotiate that obligation between now and final plat. Hunter moved, Awada seconded, a motion to approve a preliminary plat consisting of two lots on approximately 3.2 previously-zoned R-1 (Single-Family) acres located along the west side of Lakewood Hills Road north of Cliff Road in the SE 1/4 of Section 26, subject to the following conditions noting the deletion of Condition #4: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B3, B4, C1, C2, El, F1, G1, and H1 2. The proposed well and septic system shall be constructed to Minnesota Pollution Control Agency standards. 3. This development shall dedicate right-of-way along the north edge of the plat to provide street access to the adjoining property to the north. Aye: 5 Nay: 0 PRELIMINARY PLAT/LEXINGTON MEADOWS ADDITION Mayor Egan introduced this item as a preliminary plat for Lexington Meadows Addition/City of Eagan, consisting of eight lots on approximately 83 previously-zoned R-1 (Single Family) acres located along the north side of Daniel Drive and south of Diffley Road in the NE 1/4 of Section 26. City Administrator Hedges noted C Page 15/EAGAN CITY COUNCIL MINUTES May 18, 1993 that a vote of the Advisory Planning Commission to approve had failed on a tie vote. Acting Director of Community Development Hohenstein described the application and its location. Pat Connolly, 921 Curry Trail, cited problems with the proposed plat and suggested that the City develop a "vest pocket" park as an alternative to this development. Mr. Connolly asked the Council to consider intangibles other than the money they would receive from the sale of the property. He referenced the neighborhood's isolation and lack of trail system connecting them to other City parks. Mayor Egan questioned Mr. Connolly as to the benefit he personally would gain from his proposal. Mr. Connolly stated that many others would benefit and referred to a petition supporting creation of a park. Mayor Egan asked Mr. Connolly if he were aware that the property was Comp Guided as R-2? Mr. Connolly said he was and asked why he wasn't notified of the zoning change when it was changed from R-4. Acting Director of Community Development Hohenstein stated that staff had checked and records indicate all were notified. Reference was made to Mr. Connolly's statement that there is no trail system linking the neighborhood to any of the City's parks and it was noted that the neighbors had opposed the trailway. Mr. Connolly said the trailway was moved to keep it from going through yards. Mayor Egan explained the history of the property and the economic realities of the City's comprehensive park plan consisting of 36 park service areas. He stated that if the City started to build parks outside the park plan, it would have to be done for all and the addition of this land to the park system would not in his opinion be logical, reasonable, or fiscally responsible. Mr. Connolly asked why the City purchased the property and it was pointed out that it was part of a larger acquisition and the City had to buy all as a condition of purchase. Everett Schraan, 885 Curry Trail, expressed concerns that the density in the area was already high and that construction had begun before approval was even granted. It was explained that the construction he was referring to was the Diffley Road upgrade. After further discussion, Hunter moved, Awada seconded, a motion to approve a preliminary plat consisting of eight lots on approximately 8.3 previously-zoned R-1 (Single-Family) acres located along the north side of Daniel Drive and south of Diffley Road in the NE 1/4 of Section 26, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: 2. There shall be no driveway access to Diffley Road. 3. Individual sanitary sewer and water services shall be provided to each lot. 4. All existing wells or septic systems located on the site shall be capped and abandoned in accordance with County regulation. 5. A hydrant shall be added to the lot line in between Lots 2 and 3 to improve the fire protection to the lots on the north end of the site. 6. The full right-of-way for Daniel Drive shall be dedicated with the final plat. 7. The City shall transfer all the lots prior to the grading or construction on any individual lot. Aye: 5 Nay: 0 Page 16/EAGAN CITY COUNCIL MINUTES May 18, 1993 SPECIAL CITY COUNCIL MEETING A special City Council meeting was set for May 25, 1993, at 5:00 p.m. Aye: 5 Nay: 0 Acting Director of Community Development Hohenstein made reference to an incubator program being developed by the City of Apple Valley providing small business assistance. Councilmembers Awada, Hunter, and Wachter indicated they would not support a similar program in Eagan. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated May 13, 1993, in the amount of $1,886,862.77. Aye: 5 Nay: 0 ADJOURNMENT The regular meeting of the Eagan City Council was adjourned at approximately 12:55 a.m. on May 19, 1993. KF CITY OF EAGAN qEOverbeke k If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).