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05/17/1983 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 17, 1983 A regular meeting of the Eagan City Council was held on Tuesday, May 17, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. AGENDA Smith moved, Wachter seconded the motion to approve the Agenda as dis- tributed. All voted yes. MINUTES 1. May 3L 1983, Regular Meeting. Upon motion by Egan, seconded Wachter, it was resolved that the Minutes of the May 3, 1983 regular meeting of the City Council be approved with the revision on page 11, dealing with Additional Staff, that the administrator had given approval to hire interns and part time assistants according to the Administrator's request and recom- mendation within budgetary guidelines. All voted yes. 2. May 10, 1983, Special Meeting. Smith moved, Egan seconded the motion to approve the Minutes. All voted in favor. TAX ABATEMENT Bill Peterson of the Dakota County Assessor's office was present and requested real estate tax abatements for the following parcels: 1. N.W. Mutual Life, Parcel #10-00300-010-26 Reduced because of freeway acquisition. 2. Fortune Realty, Parcel #10-03100-011-76 Reduced to $26,315.00. 3. Allan Pietsch, Parcel #10-65800-020-03 Reduced to $13,308.00. 4. Thomas Gerde, Parcel #10-65900-090-02 Reduced to $11,271.00. 5. Gregory Prusse, Parcel #10-64000-030-02 Reduced to $25,100.00. Upon motion by Smith, seconded Thomas, it was resolved that the tax abatement recommendations be approved. All voted in favor except Wachter who voted no, as to the Allan Pietsch abatement because of the nature of the reduction of 5% functional depreciation for poor layout of bedrooms. 1 Council Minutes ate May 17, 1983 CONSENT AGENDA The consent agenda was submitted by the staff and recommended for approval as follows: 1. Service Station Renewals. Eight service station renewals are recom- mended for approval by the staff as follows: Eagan Standard, Mendota Skelly Oil Co., Q Petroleum, Sinclair Station, Superamerica, Union 76, and Yankee Square Standard, with the understanding that the Country Standard application will be continued until the June 7, 1983 regular meeting. 2. 1983 Trailer License Permit Renewals. Seven trailer license permit renewals were recommended for approval as follows: Tripp Oil Co., Earl Marotzke, G. Wm. Smith, Alwin & Lyle Schultz, Edmund Schwanz, Levi Heuer, and Dakota Homes. 3. 1983 Amusement Device Renewals. Fourteen amusement device renewals were submitted to the City Council and it was recommended that they be approved, according to the list attached to the packet distributed to the Council. 4. General Contractors' Licenses. General Contractors, Swimming Pool Contractors, Heating and Ventilating Contractors license applications, accord- ing to the list attached to the packet, were recommended to be approved by the Council. 5. Project #378 - Feasibility Report (Park Ridge Addition) - Trunk Watermain. A petition from Riverdale Development Corporation - Ruscon Homes, requesting installation of trunk watermain within Covington Lane for develop- ment of Park Ridge 2nd Addition, was submitted to the Council. It was recom- mended that the Petition be received for Project #378 and that the City Consulting Engineer be authorized to prepare the feasibility report and de- tailed plans and specifications. 6. Park Ridge Addition - Ponding Easement Vacation. A Petition was received from the developers of the Park Ridge Addition requesting the vaca- tion of the ponding easement which will be rededicated with the final plat of Park Ridge Addition. It was recommended that the Petition be received and that a public hearing be scheduled for June 7, 1983 at 7:00 p.m. at City Hall. 7. Coachman Road - Trunk Storm Sewer Report - Project #371SR. The Supplementary Report for Project #371 has been prepared, including the property north of Yankee Doodle Road, adjacent to Coachman Road, which will receive benefit from proposed installation of the trunk storm sewer improve- ments and it was recommended that the feasibility report be accepted and that a public hearing be scheduled for June 7, 1983 at 7:00 p.m. at the City Hall regarding the project. Upon motion by Smith, seconded Thomas, it was resolved that all of the foregoing Consent Agenda items be approved. All voted in favor. 2 Council Minutes O(-1.27118 May 17, 1983 COUNTRY STANDARD STATION A petition from neighboring property owners requesting review and upgrad- ing of the conditional use permit for the Country Standard Station on Highway #13 was submitted to the Council. Mr. Hedges recommended continuing con- sideration of extension to the permit until the June 7, 1983 meeting. There were concerns about use of the property for a truck stop and a number of neighboring property owners were present. Egan moved, Wachter seconded the motion to direct the staff to make contacts with the owners and with the neighbors prior to the next meeting and to have it rescheduled to the June 7, 1983 meeting. All voted in favor. 11TH OF JULY ASSOCIATION A request from the 4th of July Association for contribution from the City was discussed by the Council. Wachter moved, Smith seconded the motion to authorize the sum of $500.00 from budgeted funds for the Eagan 4th of July Celebration. All voted yes. POLICE AND FIRE AUTOMOBILE DISPOSAL The staff recommended that the Council authorize the sale of the 1974 Ford, which has been used both as a Police and Fire auto, to declare it excess property and authorize its disposal on a high-bid basis. Thomas moved, Smith seconded the motion to accept the recommendation. All voted yes. COMMISSIONER OF EDUCATION - DR. RUTH RANDALL City Administrator Hedges announced that Governor Perpich has appointed Dr. Ruth Randall, Superintendent of I.D.S. #196, as the Minnesota Commissioner of Education and Councilmembers acknowledged their congratulations to Dr. Randall for the appointment. DONN SCHUMACHER - PARKS AND RECREATION - RESIGNATION Donn Schumacher submitted a letter to the Council indicating he was forced to resign from the Parks and Recreation Commission because of his travel schedule. Upon motion by Wachter, seconded Egan, it was resolved that the Council accept the resignation and authorize the staff to advertise for a replacement and also to express thanks from the Council for his service on the Commission. All voted yea. 3 Council Minutes (X,129 May 17, 1983 ROBIN LANE VACATION Mayor Blomquist convened the public hearing regarding the vacation of a portion of Robin Lane in the Blackhawk Acres subdivision. A Petition had been submitted by Mr. and Mrs. Herbert Bergstrom for vacation of this street and Mr. Colbert noted that the new right-of-way, including street and utility easement had been dedicated by the owners at an earlier time. There were no objections to the vacation and upon motion, Smith moved, Egan seconded the motion to close the hearing and to approve the vacation of the public right- of-way. All voted yes. R 83-26 SHEFFIELD CIRCLE VACATION The public hearing regarding the request of Tollefson Builders, Inc. for vacation of Sheffield Circle in Brittany 3rd Addition was next convened by the Mayor. It was noted that the alignment of the public right-of-way has been replaced with the replatting of Outlot A into Brittany 5th Addition. There were no objections and upon motion by Wachter, seconded Egan, it was resolved that the public hearing be closed and that the vacation of right-of-way for Sheffield Circle be approved. All voted yea. R 83-27 MALLARD PARK 1ST ADDITION - UTILITY EASEMENT VACATION The hearing regarding the application of J. E. Parranto Associates, Inc. for the vacation of drainage and utility easements in the Mallard Park 1st Addition was next considered by the Council. Tom Colbert explained the propo- sal and there being no objections, Egan moved, Smith seconded the motion to close the hearing and to approve the drainage and utility easement vacation. All voted yes. R 83-28 OAK CHASE 1ST ADDITION - UTILITY EASEMENT VACATION The hearing regarding the petition to vacate common lot line drainage and utility easement within a portion of Oak Chase lst Addition being replatted into Oak Chse 5th Addition was next convened by Mayor Blomquist. There were no objections and after explanation by Mr. Colbert, Egan moved, Wachter seconded the motion to close the hearing, to approve the vacation of the side and rear lot line drainage and utility easements for Lots 1 and 2, Block 3, Oak Chase 1st Addition. All voted yes. R 83-29 4 Council Minutes May 17, 1983 to . 11_~1? WINDTREE 3RD ADDITION - REZONING AND PRELIMINARY PLAT The application of Windtree Company, Richardson Properties, Inc. for rezoning from R-1 to R-1 PD, to allow deviation from the R-1 single family lot size requirement for Blocks 1, 2, and 3, Windtree 2nd Addition, and for preliminary plat approval of Windtree 3rd Addition, consisting of 17.6 acres and containing 39 single family lots was brought before the Council. Al Beisner, Director of Development of Richardson Properties, Inc. was present, as were other representatives, including those from Gustafson Builders, the proposed developer. Mr. Beisner explained the background of the Windtree Additions and Jim Hill discussed the proposed replat of the 2nd Addition into the 3rd Addition. He noted that the minimum frontage would be 65 feet and the minimum square footage of 9,100 square feet, with the average lot size being 17,000 square feet. The Advisory Planning Commission recommended denial at its March 22, 1983 regular meeting. The proposal is for homes in the $100,000.00 range and one house is now under construction. Mr. Beisner suggested that a neighborhood meeting be held to explain the intentions of the developer and that the application be continued until the meeting is held. There was some discussion concerning the design of the homes, and questions from the Council as to the necessity for reducing the 65 foot frontages. Councilmembers noted that the area has had slow development but this does not appear to be reason for deviation in such a slow growth area. There was strong neighborhood opposition with a number of neighboring property owners present opposing the application. Members stated that it does not appear to be- justified to speed up sale and development of lots in a slow growth area and there are significant deviations from the minimum standards as noted by the Advisory Planning Commission. Objections from the neighboring owners were the potential patching of streets to change utility locations, the size of the homes and the large number of units on 65 foot lots. The developer dicussed the covenants that are intended to be imposed. Steve Bryant of West Publishing appeared and indicated that the increased density of the housing could increase potential complaints by residential owners about the adjoining industrial area. After lengthy discussion, Wachter moved, Egan seconded the motion to deny the application for rezoning for the reasons stated above and in addition, the following reasons: 1. The reasons for the hardship deviations under the minimum require- ments of the zoning ordinance are based upon market conditions and it is not an adquate reason for the deviation. 2. It is inconsistent with the development of the Windtree property generally. 3. It is inconsistent with the development of the adjacent property to the west, South Hills Addition. 4. There was also concern that reducint the lot sizes would set a precedent for the other subdivisions in Windtree Addition. All voted in favor. SEE PLAT FILE 5 oclal Council Minutes May 17, 1983 SIGN ORDINANCE Mr. Hedges indicated that the Council has already dealt with height of advertising signs in relation to topography of land and the second issue is the distance of advertising signs from residentially zoned districts. Cur- rently the provisions are 200 feet minimum, and the Advisory Planning Commis- sion reviewed potential amendments but did not make a recommendation. Several options in the letter from the City Attorney's office dated April 21, 1983 were discussed and a representative of Naegele was present at the meeting. Councilman Smith stated he was opposed to a 1,000 foot requirement because it appeared to be excessive and usually of a temporary nature on commercial and industrial land where a change is intended in a short period. Other alter- nates discussed were discretion by the Council with a conditional use permit already imposed, noting that site distance and topography may be more impor- tant criteria. Wachter moved, Blomquist seconded the motion to continue consideration of the issue, to allow the staff to prepare language to be submitted to the Council, including discretionary language covering site distance, topography, terrain, etc. In addition, staff was directed to pre- pare a sketch showing the existing zoning that would permit advertising signs, with 400 foot setbacks from residential districts. All voted in favor. SUPERAMERICA - PRELIMINARY PLAT EXTENSION A request has been received from the representative of Superamerica for an extension of the preliminary plat and special use permit for the Super- america station planned at the southwest corner of Yankee Doodle Road and Pilot Knob Road. Mr. Hedges explained the background of the project and stated that conditions have changed and suggested that the Council send the request back to the Planning Commission for additional review because the application was first reviewed in 1978 with new staff and new Advisory Plan- ning Commission members since that time. There were concerns by'staff members about right-of-way dedication for the intersection. Egan moved, Wachter seconded the motion to continue the request until the June 7, 1983 meeting and that the staff submit proposed revised or additional conditions to the Council for review at that time. All voted yea. FEDERAL LAND CO. - CONDITIONAL USE PERMIT/PYLON SIGN An application from Federal Land Co. for conditional use permit for pylon sign located on Lots 1 and 2, Block 1, Bicentennial 8th Addition for the Yankee Square Inn motel was then considered. Tim Murnane and Charles Bartholdi of Federal Land Co. were present. The Planning Commission recom- mended approval and it was noted that the sign would meet the sign requirement size but a two-foot lantern would extend over the 27 foot maximum height. It was noted the sign will be a permanent sign for motel use only and Mr. Murnane stated that if the 27 foot requirement were imposed, the applicant would eliminate the two-foot lantern and maintain the sign within the 27 foot maxi- mum height. After discussion, Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 6 ("21 Council Minutes May 17, 1983 1. No more than one pylon sign wll be allowed for Yankee Square Inn. 2. The sign shall be no more than 27 feet in height. 3. The sign shall not exceed 125 feet in area per side. All voted in favor. COUNTRYSIDE BUILDERS - VIENNA WOODS - WAIVER OF PLAT The application of Countryside Builders, Inc. for waiver of plat to subdivide two duplex lots for owner occupancy on Lot 7, Block 5, and Lot 3, Block 6, Vienna Woods, was next presented to the Council. The Planning Com- mission recommended approval at its April 26, 1983 meeting, subject to certain conditions. Jerry Lagro of Countryside Builders, Inc. was present and stated the reason for the was to acquire separate mortgages for each of the separate units in each duplex. A neighboring owner, Robert Newton, was present and was concerned about the minimum floor space requirements under the private cove- nants and requested the City Council impress on B & K Properties, the developer, that minimum covenants should be adhered to. Egan moved, Thomas seconded the motion to approve the application, subject to the following: 1. All necessary easements shall be dedicated to the City as recom- mended by the City staff. 2. That notice be given to the developer that there is a minimum square foot requirement under the covenants, although the City will not be directly involved in policing the covenants. All voted yes. R 83-30 OAKWOOD HEIGHTS 2ND ADDITION - PRELIMINARY PLAT The application of Countryside Builders, Inc. for preliminary plat approval of Oakwood Heights 2nd Addition consisting of approximately 21.5 acres and containing 46 duplex lots with 92 units, was brought before the Council. Ralph Wagner of Probe Engineering and Jerry Lagro were present. The Planning Commission recommended approval at its April 26, 1983 meeting, subject to numerous conditions. Mr. Wagner indicated the average lot size is 16,400 square feet and the request for zero lot lines with option to split the lots at a later time was proposed. He also indicated there is a request for a slight reduction in the park dedication with the balance to be made up at a later time in the Lexington South Planned Development. He also stated that lot sizes in Phase One have now been adjusted as recommended by the Planning Commission and it will be returned to the Planning Commission for review. The smallest lot size is now 13,500 square feet in Phase One with an increase of minimum lot width to 87 feet with the ordinance minimum for duplex lots of 100 7 Council Minutes 0(1`133 May 17, 1983 feet frontage and 15,000 square feet. Lots 2 through 7, Block 2 in Phase One have reduced lot sizes. A number of neighboring property owners were present and comments from the council included the need to make certain that there is additional screening along Wilderness Run Road, a review of the deviations which Council had strong concerns about and the fact that the park in the plat is part of the Master Park Plan and needs attention by the staff. Blomquist moved, Wachter seconded the motion to continue the application until the developer and the staff can prepare answers to some of the questions that were raised and return the information to the-City Council for further review. All voted yes. CROSSROADS APARTMENTS - PRELIMINARY PLAT The application of Marell, Inc. and Ken Applebaum for preliminary plat approval of the Crossroads Apartments consisting of approximately 5.28 acres with 2 apartment buildings was presented for council consideration. The Advisory Planning Commission, on April 26, 1983, recommended approval of the application, subject to numerous conditions. The project is a part of the Pilot Knob Heights Planned Development, approved in December, 1974 and the subject site was designated under the planned development for 64 apartment dwelling units. It is proposed that there be 96 outside parking stalls and 64 garage stalls in the project. Ron Erickson of Korsunsky, Krank & Erickson, Architects, was present and indicated that a neighborhood meeting had been held with 15 neighbors in attendance. The property slopes 30 feet down, from east to west and he noted that the project would provide for 2 stories visible on the east and 3 stories on the west side of each building. There would be a 50 foot setback on the south, with a 4 foot berm, and in addition, plantings, which are shown on the plan submitted to the City. He discussed the request of the Planning Commission to reduce the on-site parking and asked whether the City could require fewer parking stalls than required under the ordinance. He reviewed the proposed buffering and landscape on the south and east and indi- cated no variances would be requested in the project. He also stated the developer would agree to reduce the amount of parking, but had concerns about doing so. He also indicated the lighting that would be installed would be shielded for on-site and restricted to on-site only. Councilman Smith was concerned about only one access from the development and Mr. Colbert stated it is not necessary to have two access points for fire and police purposes. Wachter suggested a wider access on the north and also cross easments between the lots for access purposes. The developer suggested 2.25 parking spaces per unit, including one indoor parking space. A large number of neighboring property owners were present and had concerns about architectural control and quality of the construction with many of them objecting to the project. Some indicated they did not receive notice of the hearing and Dale Runkle, the City Planner, reviewed the list of approximately 90 owners who were sent notices of the hearing. There were strong concerns about adequacy of on-site and off- site recreational facilities and Mr. Runkle reviewed the DeBoer Park area proposal, the Fish Lake Park and the additional park planned to the south. Jeff Johnson, for the Duckwood and St. Francis Woods owners, stated that the 8 Council Minutes 01:134 May 17, 1983 developer has cooperated but there are special considerations needed. He submitted a list of recommended conditions and explained them in detail. Mr. Erickson responded and stated that the developer has met the minimum require- ments in all respects. Mike Wold, resident of St. Francis Woods also appeared and recommended that the City Council imposing strict requirements under the planned development. Park, safety of children in the area, landscaping and density appeared to be important issues to the neighboring owners. Councilman Smith explained the background of the park dedication for the planned develop- ment, including the trails around Fish Lake that now are under water, which has resulted because of a change in the lake level setting at the request of residents around the lake and the Department of Natural Resources. Thomas moved, Egan seconded the motion to approve the application with the following conditions: 1. A detailed landscape plan shall be submitted to the City and re- viewed and approved by the City Council prior to final plat approval. 2. That the dumpsters and trash containers on the parcel, be adequately screened according to staff recommendation. 3. One inside parking space shall be required to be rented for each unit and the outside parking shall be permitted to be reduced approximately 15 spaces less than required by ordinance. 4. Common easements shall be implemented for shared parking between the two buildings and reviewed by the City staff. 5. Common access easements shall be provided for each of the two lots and approved by the City staff. 6. The staff shall work with the developer to widen the access to Duckwood Drive with final council approval of the access. 7. Park dedication shall be accomplished in accordance with the re- quirements established for the "Pilot Knob Heights Planned Development". 8. A detailed plan providing for outside lighting shall be submitted to and approved by City staff prior to construction. 9. All other applicable City ordinance requirements shall be met. 10. A four foot berm with vegetation on top shall be located on the south and east borders of the development. 11. Drainage and erosion control plans shall be approved by the City Engineering Department. 9 0t 135 Council Minutes May 17, 1983 12. Concrete curb and gutter shall be constructed along the perimeter of all outside parking areas and the north island of the parking lot located on Lot 1 shall be constructed with concrete curb and gutter. 13. The two curb cuts located along Denmark Avenue shall be removed and replaced with B 618 curb and gutter and the existing driveway approach off of Duckwood Drive shall be eliminated and- replaced with B 618 curb and gutter. 14. A 5 foot concrete sidewalk shall be constructed along the westerly property line to Duckwood Drive and also along the northerly property line from the entrance to Denmark Avenue. 15. A cross easement shall be required across Lot 1 along with an easement of sufficient width for the fire hydrant and fire hydrant lead. 16. A 10 foot utility easement shall be required along all property abutting publicly-dedicated right-of-way with a 5 foot drainage and utility easement dedicated along all exterior lot lines and a 10 foot drainage and utility easement centered over all interior lot lines. 17. This development shall accept its upgraded assessment for streets in the amount of $20,510.00. 18. All costs for the internal utilities and parking lots shall be the sole responsibility of this development. 19. The Development Agreement shall include all working drawings pre- pared to this stage. 20. Provisions shall be included in the Development Agreement to assure development will take place as presented in the application process. 21. The developer shall meet with area residents prior to the next meeting with the Council to review the project in detail. All voted in favor. SEE PLAT FILE 10 Council Minutes _ May 17, 1983: 1G SURREY GARDENS - PRELIMINARY PLAT The application of Yankee Doodle Associates by Dan H. Gustafson, for preliminary plat approval of Surrey Gardens, consisting of 6.3 acres with two multiple buildings was next considered. Dan Gustafson appeared as the owner and developer and the Advisory Planning Commission recommended approval with certain conditions. Mr. Gustafson reviewed the project and discussed the secondary access, potentially to Surrey Heights Drive, to Yankee Doodle Road, or a second access on Federal Drive. He stated that he would prefer the access to Yankee Doodle Road if the County will allow it. A number of town- house residents appeared and recommended that the name Surrey not be used in the name, to confuse it with Surrey Heights, they opposed access on Surrey Heights Drive or Yankee Doodle Road, were concerned about traffic and disrup- tion of the neighborhood, they recommended green space to protect their amenities in the townhouses to the south, they recommended increased recrea- tional space, more garage parking, that the internal street be widened, that there be close inspection during building, and had strong concerns about drainage and the need for additional recreational facilities. Mr. Gustafson stated he would increase the width of the internal streets and the access also, and would require one indoor parking space per unit. He stated the outdoor parking would be reduced by up to 44 spaces, but would prefer reduction of 20 to 25 spaces. He will also submit the landscape plan for approval at the time of the final plat approval submission. The staff recommended a second access for safety purposes and right-turn- in/right-turn-out on Yankee Doodle as one strong possibility. Two access locations on Federal Drive do not appear to be practical because of the topography. Smith moved, Egan seconded the motion to approve the application, subject to the following recommendations: 1. The preliminary plat shall be reviewed and approved by the Dakota County Plat Committee. 2. Park dedication shall be accomplished in accordance with the requirements established by the City Council after reivew by the Eagan Advisory Park and Recreation Committee. Such approval shall also contain the requirements for the construction of an asphalt trail along Yankee Doodle Road. 3. The preliminary plat shall provide for two (2) lots with each build- ing situated on a separate lot. 4. A detailed landscape plan shall be submitted to and approved by the City Council prior to construction including screening and sod according to staff recommendations. 5. A detailed plan providing for outside lighting shall be submitted to and approved by the City staff prior to construction. 11 rn Council Minutes May 17, 1983 6. Drainage and utility plans shall be approved by the City's Engineer- ing Department. 7. Concrete curbs shall be constructed along the perimeter of all outside parking areas. 8. If installed privately, the plans and specifications for the streets and utilities within this parcel shall.be prepared by a registered engineer in accordance with City standards and submitted along with the final plat for approval. 9. The water main to be relocated shall be looped and the water main shall be constructed for Building A to provide fire protection and shall also be looped. 10. A second access to the location shall be provided as recommended by staff and approved by Council with recommended access on Yankee Doodle Road. 11. The private drive shall be not less than 28 feet wide with concrete curb and gutter, according to staff recommendations. 12. Concrete islands shall be required at each end of the center parking islands for each parking lot. 13. A 20 foot easement shall be dedicated as a part of this plat for those existing utilities which are not to be used as services and 20 foot easements shall also be dedicated for the relocated water main and also the proposed additional water main. 14. Ten foot utility easements shall be dedicated along publicly dedi- cated rights-of-way with 5 foot drainage and utility easements centered over all internal lot lines. 15. A 40 foot half right-of-way shall be dedicated for Federal Drive along with a 75 foot half right-of-way being dedicated for Yankee Doodle Road. 16. All costs for the internal utilities, private drive and parking lots shall be the sole responsibility of this development. 17. All other applicable Eagan ordinance requirements shall be complied with. 18. One inside parking space shall be required to be included with each rental unit to reduce outside parking, which allows for additional amenities to be provided for tenants, including a tot lot. 19. The single access to Federal Drive shall be widened according to staff recommendations. 12 Council Minutes 0 1. l13 May 17, 1983 20. The subsidized housing policy of the City shall be complied with providing for no more than 20% of the units for subsidized housing. 21. It was recommended that the amount of outside parking be reduced so that the tot lot could be increased and also additional green space provided. 22. Cross easements shall be provided for parking and driveway according to staff recommendations. All voted in favor. SEE PLAT FILE CEDAR HILLS - PRELIMINARY PLAT The application of Duraps, Inc. and Gary S. Pelton for preliminary plat approval of Cedar Hills consisting of 56 acres for townhouse development was next discussed by the Council. Mr. Pelton was present as was Ron Erickson of Korsunsky, Krank and Erickson, Architects. The Planning Commission recom- mended approval, subject to numerous conditions. Mr. Erickson explained that there would be more density on one side with a spreading of the density on the balance of the site. He submitted a Phase I Revised Plan with driveway aprons to be narrowed to 10 feet and 1 1/2 parking spaces per unit outside with two inside spaces per unit. There was discussion concerning possibly reducing the 1-1/2 spaces outside where 2 inside spaces are provided, but the ordinance does require that, no matter how many inside spaces. There was also concern about single access to Slater's Road and other access points south and north, together with an access running through the land to the south, was discussed. There were also concerns about the numbers of trees to be removed from the development, and one owner from Burnsville was present and questioned the location of tot lots within the development. After extended discussion, Smith moved, Thomas seconded the motion to approve the application with the under- standing that street layout had not been approved and will be further con- sidered by the Council. Thomas then moved, Egan seconded the motion for approval of the preliminary plat application for Phase I only, subject to the following conditions: 1. One outside parking space shall be permitted per unit because there are two inside spaces per unit. 2. A Final Site Plan shall be approved subject to providing a minimum of four (4) additional outside "guest" parking stalls, providing concrete curbs around driving surfaces as required by the City Engineer. 3. Park dedication shall be in accordance with the provisions of Exhi- bit "H" as contained in the Planned Development Agreement and as further specified by the City Council upon recommendation of the Eagan Advisory Park and Recreation Commission. 13 139 Council Minutes May 17, 1983 4. The developer shall comply with all of the provisions of the Winkler/Jackson Planned Development Agreement. 5. Prior to construction of Phase One, the developer shall receive approval from the staff of the landscape plan, appropriate bonding, and build- ing plans. 6. A sidewalk shall be required along one side of Slater's Road which is designated as a collector street. 7. A detailed grading/erosion control plan be submitted along with final plat application for approval. 8. If the streets and utilities are installed privately, the plans and specifications shall be prepared by a registered engineer in accordance with City standards and submitted with the final plat application for approval. 9. The divided street concept shall be denied. 10. An 8 foot bituminous trailway shall be constructed along this de- velopment's easterly boundary. 11. A blanket utility easement shall be required over Lot 25, Block 1, (the common area). 12. Minimum right-of-way shall be dedicated for a standard City street to be 50 feet in width. 13. This development shall accept its upgrading of the trunk storm sewer area assessment in the amount of $2,352.00. 14. All costs of internal utilities and streets shall be the sole re- sponsibility of this development. 15. The development shall comply with all other applicable City ordi- nances. 16. A ponding easement shall be required for Pond AP 10 to provide elevation of 824. 17. A Homeowners Association shall be established with review and approval by City staff. 18. A 10 foot apron shall be allowed in front of each double garage in addition to 1.5 outside parking spaces in the development. 19. The developer shall furnish each buyer with a drawing and explana- tion of the concept of the development of the entire planned development, including the commercial development. All voted in favor. SEE PLAT FILE 14 Council Minutes 0C 1-40 May 17, 1983 HILLCREST ADDITION - REZONING & PRELIMINARY PLAT The application of J. E. Parranto Associates, Inc. and Mark Parranto, to rezone from R-1 to R-1 PD and preliminary plat approval of Hillcrest Addition, consisting of approximately 14.5 acres, with 38 single family lots, was pre- sented to the Council. The Planning Commission at its April 26, 1983 meeting recommended approval, subject to certain conditions. Mark and John Parranto were present as was Wayne Cordes, Surveyor. Mr. Parranto stated the average lot size was 14,300 square feet with average frontage of 86.3 feet. Fourteen lots are under the 85 foot minimum frontage and 12 lots are at the 80 foot frontage. A number of neighboring property owners appeared and objected to certain aspects of the project. It was also noted that 4 lots are at the 12,000 square foot minimum. The square footage of all lots is 12,000 feet or greater. Mr. Parranto stated the reason for reduction below 85 feet is to avoid lots centered at street intersections and the headlight problems that could be created at night. Councilman Thomas was concerned about the poten- tial excessive run-off to the south and it was noted that plans will be submitted for the drainage. Neighboring owners expressed concerns about deviations from lot size construction and they recommended construction access to Pilot Knob Road; further, they recommended there be a trail access to the park running Westerly. Councilman Wachter and Mayor Blomquist stated they preferred that the developer would conform with R-1 lot requirements and suggested a cul-de-sac at the south end of Richard Lane. They also expressed concerns about assessments to the adjoining property owners on Richard Lane. Mr. Parranto stated he could install a walking trail to the west over the sanitary sewer easement location. After extended discussion, Egan moved, Wachter seconded the motion to continue the application until the next regular meeting to allow the applicant to attempt to adjust lot lines to provide for 85 foot minimums and yet avoid the headlight problems at the street intersec- tions; further, to determine the nature of the proposed cul-de-sac at the south end of Richard Lane. All voted in favor except Smith who voted no. PROJECT #379 - HILLCREST ADDITION - FEASIBILITY REPORT Mr. Parranto requested that the Council authorize the City Engineer to proceed with feasibility report for utilities and streets and indicated that the developer would pay for the cost, even if the project does not proceed. Egan moved, Wachter seconded the motion to accept the petition and authorize the Consulting Engineer to prepare the feasibility report concerning streets and utilities, for Project #379. All voted in favor. 15 Council Minutes 0t 141' May 17, 1983 BRITTANY 2ND ADDITION - VARIANCE An application from Tollefson Builders, Inc. for variance from the 20% lot coverage provision under Section 11 of the City Code was next considered. Carl Tollefson was present and stated that the proposal is for a proposed home for the Parade of Homes in August, and noted that the applicant has submitted a house plan for 3,174 square feet on a lot that would allow for 2,565 square feet maximum. The lot coverage would be 24.7% requiring a 4.7% variance. The house would be a rambler and constructed for passive solar energy, thus the reason for the house being spread out, but it was noted that the Dakota County Park is immediately to the south with only one home adjacent to the lot. There were no objections to the application. Upon motion by Smith, seconded Thomas, it was resolved that the application be approved for the reasons stated above. All voted in favor. TIBERON 1ST ADDITION - FINAL PLAT The application of J. E. Parranto Associates, Inc. for final plat approval of Tiberon 1st Addition was presented to the Council and upon motion by Egan, seconded Thomas, it was resolved that the application be approved, subject to compliance with all necessary ordinances. All voted in favor except Wachter who voted no. R 83-31 SEE PLAT FILE PARK RIDGE ADDITION - FINAL PLAT The application of Riverdale Development Corporation for final plat approval for Park Ridge Addition was considered and recommended for approval by the staff. It was noted there is a ponding easement that is being vacated and would be rededicated with the final plat. Smith moved, Wachter seconded the motion to approve the final plat application for Park Ridge Addition, subject to applicable ordinances. All voted yes. R 83-32 SEE PLAT FILE COACHMAN HIGHLANDS - FINAL PLAT The application of Brutger Company for final plat approval of Coachman Highlands consisting of the replat of Lot 1, Block 3, Fox Ridge Addition, was presented. There were no objections and the staff recommended approval. Egan moved, Wachter seconded the motion to approve the application for final plat approval of Coachman Highlands and authorize the Clerk and Mayor to execute the related documents and further, subject to applicable City ordinances. All voted yes. R 83-33 SEE PLAT FILE 16 I'A Council Minutes May 17, 1983 OAKWOOD HEIGHTS 2ND ADDITION - EXCAVATION PERMIT An application from Countryside Builders for grading/excavation permit associated with the proposed development of Oakwood Heights 2nd Addition was next discussed. It was noted that the Oakwood Heights 2nd Addition prelimi- nary plat application had been continued for further information and study. Upon motion by Wachter, seconded Egan, it was resolved that the application be continued until the Council acts upon. the preliminary plat for the subdivi- sion. All voted in favor. 1982 ANNUAL FINANCIAL REPORT The 1982 annual financial report prepared by the Director of Finance, Eugene VanOverbeke, had been distributed to the Council and it was recommended that the report be approved. Egan moved, Thomas seconded the motion to accept the recommendation and to approve the report. All voted yea. D 83-3 1983 - 1987 CAPITAL IMPROVEMENTS REPORT The City Administrator requested all department heads to provide data necessary for compiling a five year capital improvements plan and it has now been compiled, and has been submitted for review to the Councilmembers. Wachter moved, Thomas seconded the motion to give preliminary approval to the five-year capital improvements program, covering the years 1983 to 1987. All voted yea. D 83-4 1982 ANNUAL REPORT The 1982 annual report compiled by the City Administrator's office was now presented for consideration by the Council and upon motion by Thomas, seconded Wachter, it was resolved that the report be accepted and approved. All voted yes. D 83-5 JAMES HORNE - PROJECT 297R - ASSESSMENT APPEAL The Mayor reconvened the public hearing regarding the assessments cover- ing the James Horne property under Project #297R. City Attorney Paul Hauge stated that he has talked with an attorney who indicated that he has now been tentatively engaged by Mr. Horne to act on his behalf regarding his assessment appeal and requested a delay in the hearing for at least one month. After discussion, Smith moved, Thomas seconded the motion to continue the assessment hearing until Wednesday, July 13, 1983 at 7:00 p.m. at the Eagan City Hall. All voted in favor. 17 C13 Council Minutes May 17, 1983 DAKOTA COUNTY PLAT #1 - CONTRACT #83-6 The plans and specifications were submitted for Contract #83-6 covering the Dakota County Plat #1, streets and utilities and the installation of sidewalk along the west side of Rahn Road from Cliff Road to Rahn Park under Projects #370 and #367. There was discussion concerning the acquisition of an easement from Alexa Burow for the sidewalk and Mr. Hauge stated that the easement has not been acquired at the present time. Smith moved, Wachter seconded the motion to approve the plans and specifications for Contract #83-6 to authorize advertisement of bids, to be opened at 10:30 a.m. on Thursday, June 16, 1983 at the City Hall; further, to authorize the city attorney's office to commence condemnation action to acquire the necessary right-of-way if negotiations for the acquisition of the easement are not successful. All voted yea. CONTRACT #83-8 - BLACKHAWK ROAD - STREETS & UTILITIES The plans and specifications for Blackhawk Road streets and utilities for Contract #83-8 consisting of Project #317, and trunk storm sewer for I-35E as it crosses Blackhawk Road under Project #354, together with street surfacing of Blackhawk Road, under Project #355 were submitted. There was discussion concerning the acquisition of easements and it was noted by Paul Hauge, that of seven easements to be acquired for the road right-of-way, three have now been acquired and four are still being negotiated. However, the quick-take condemnation proceedings have been commenced. Smith moved, Thomas seconded the motion to approve the detailed plans and specifications for Contract #83-8 and authorize the Clerk to advertise for bids to be opened at the City Hall on Friday, June 17, 1983 at 10:30 a.m. All voted yes. CONTRACTOR LICENSING ORDINANCE AMENDMENT The Council discussed the proposed amendments to Section 6.42 concerning contractor licensing regarding performance bond and insurance for homeowners who are constructing their own improvements. The draft of proposed changes was submitted by the City Attorney. Egan moved, Wachter seconded the motion to continue consideration of the issue but that the staff be directed not to enforce the bond insurance provisions until the Council acts upon the recom- mendations. All voted yes. CHECKLIST Upon motion by Wachter, seconded Thomas, it was resolved that the follow- ing checklistsbe approved, dated: April 29 and May 17, 1983. All voted yes. 18 CIl Council Minutes May 17, 1983 ADJOURNMENT Upon motion by Wachter, seconded Egan, it was resolved that the meeting adjourn at 1:25 a.m. All voted yea. PHH City r rk 19