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04/17/1984 - City Council Regular MINUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 17, 1984 A regular meeting of the Eagan City Council was held on Tuesday, April 17, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Thomas moved, Egan seconded the motion to approve the agenda as distri- buted. All voted yes. MINUTES Upon motion by Egan, seconded Wachter, it was resolved that the Minutes of the regular meeting of April 3, 1984 be approved with the exception on page 4 dealing with Coachman and Four Oaks Roads, Project #348, that there were no objections to the project. All voted in favor. REAL ESTATE TAX ABATEMENT Representatives of the Dakota County Assessor's office appeared and reviewed with the Council the recommended tax abatements covering 14 parcels in the City as described in the packet material submitted to the Council. They stated that the City Assessor's office reviewed all of the requests for abatement and recommends approval. After questions by Councilmembers, Smith moved, Thomas seconded the motion to approve the abatements as recommended. All voted in favor. PUBLIC WORKS DEPART14M Public Works Director, Tom Colbert, reviewed the Resolution of the Dakota County Board of November 8, 1983 authorizing 30% of revenue generated by the so-called gravel tax adopted by 1982 Legislature in accordance with the formula that allocates one-half of the revenue, 15% to be distributed to those cities and towns where the material is actually extracted, and the other half to be distributed to all towns and cities within the County, taking into account population, road mileage, taxable value, etc. The proposed Eagan share is $4,710.94 and the staff recommends that the funds be placed in the major street fund. Smith moved, Wachter seconded the motion to accept the funds and direct that they be placed in the City of Eagan major street fund. All voted in favor. 1 Council Minutes April 17, 1984 CONSENT AGENDA The staff submitted the following consent agenda items to the Council and recommended action or approval in each case: 1. Safari Addition - Project #402. The feasiblity report for Project #402 covering streets and utility improvements in Safari Addition was recom- mended for receipt by the Council and that a public hearing be scheduled for May 15, 1984 at 7:00 p.m. at the Eagan City Municipal Center. 2. Rose Hill Addition - Project #403. The next feasibility report submitted by the Consulting Engineer covering streets and utilities in Rose Hill Addition under Project #403 was recommended to be received by the City Council and that a public hearing be scheduled for May 15, 1984 at 7:00 P.M. at the Eagan City Municipal Center. 3. Sun Cliff 2nd Addition - Project #398. The staff recommended the Council receive the feasibility report for Project #398 covering streets and utilities in the Sun Cliff 2nd Addition and further recommended to the Council that it hold a public hearing on the report at 7:00 p.m. at City Municipal Center on May 15, 1984. 4. Lexington Square lst Addition - Project #401. The City staff then recommended that the City Council accept the feasibility report that has been prepared by the Consulting Engineer regarding Lexington Square 1st Addition involving the installation of trunk sanitary and storm sewer to service the first phase of the development and that the hearing on the report be set for May 15, 1984 at 7:00 p.m. at the Eagan City Municipal Center. 5. Hillandale 1st Addition - Utility and Right-of-Way Vacation. A petition has been received from the developers of Hillandale 2nd Addition requesting that certain existing public right-of-way and certain utility and drainage easements dedicated with the Hillandale 1st Addition be vacated due to changes in alignment. Staff recommended the Council receive the Petition and schedule the hearing on the vacation for May 15, 1984 at 7:00 p.m. at the City Municipal Center. 6. Sun Cliff 2nd Addition - Grading Permit. An application has been received from the developers of the Sun Cliff 2nd Addition for a grading permit to dispose of excess material generated from the Diffley Road County Contract. The staff recommended the Council approve the grading permit, subject to compliance with all City requirements. 7. Sunset 4th Addition - Grading Permit. The developer of the Sunset 4th Addition has submitted an application for grading permit and the staff recommended approval, subject to compliance with the City ordinances and regulations. 2 Council Minutes 04 ;,C90 April 17, 1984 8. Sheffield Addition - Contract #83-4. A request for final payment has been received from Encon Utilities, Inc. under Contract #83-4 in the sum of $9,560.73. The staff recommended approval and that the Council accept the project for perpetual maintenance. 9. Buddy Poppy Day Proclamation. A proposed proclamation that May 18, 1984 be determined as Buddy Poppy Day in the City of Eagan was submitted to the Council by the Veterans of Foreign Wars and it was recommended that the Proclamation be issued. D 84-3 10. Campfire Birthday Week - Proclamation. A request from the National Campfire Organization, formerly the National Campfire Girls, that the City proclaim the week of March 17 through March 24, 1985 as the 75th Birthday of the National Campfire Organization was submitted and recommended for approval by the Council. D 84-4 11. Personnel Items. The City staff has completed its interviews for a Planning Assistant Research Analyst, classified as a Class Planner No. I, and recommends the hiring of Greg Ingraham. It was noted that more than 60 applications were received and City Administrator Hedges and City Planner Runkle screened and interviewed the applicants and recommended that Mr. Ingraham be hired as a full time Planner I with the Planning Department. Egan moved, Wachter seconded the motion to approve and order the imple- mentation of all of the consent agenda items described above and authorize the execution of the necessary documents. All voted yes. WESCOTT ROAD - PROJECT #305R - McCARTHY PROPERTY TRUNK WATER MAIN ASSESSMENT On March 6, 1984 the City Council held a public hearing for the final assessments associated with the lateral benefits from trunk watermain along Wescott Road from Denmark Avenue to Lexington Avenue. At that meeting, the City formally closed the public hearing but kept the record open for 30 days to allow the McCarthy family sufficient time to submit proposed Findings, Conclusions and any additional information to support their appeal of the special assessments. No Findings and Conclusions, Briefs or other requests for amendment of the record of March 6, 1984 were submitted, other than by the City Attorney's office and a proposed set of Findings, Conclusions and Order for Levy of Assessments were reviewed by the Council. Upon motion by Council- man Egan, seconded Councilman Smith, it was resolved that the recommended Findings, Conclusions and Levy of Assessments be and it hereby is approved and authorized that it be executed. All voted in favor except Councilman Wachter who voted no. 3 Council Minutes u;1 April 17, 1984 COMMERCIAL DEVELOPMENT - REVENUE BONDS SERIES FOR EAGAN RACE FACILITY The City has received a request from the law firm of O'Connor and Hannan, which represents Minnesota Jockey Club, Inc. to redeem the $20,000,000.00 commercial development revenue bond series 1983A, and the $6,000,000.00 com- mercial development grading bond series 1983B. Dan Wild, the attorney for O'Connor and Hannan, indicated that it would be impractical to redeem all of the bonds before May 30, but recommended a partial redemption on April 27, 1984, leaving the funds for final redemption on or about May 30, 1984. Egan moved, Thomas seconded the motion to approve the redemption of the bonds as proposed with the understanding that all affected parties concur in the re- demption. It was noted there were no objections. All voted in favor. SPECIAL COUNCIL FETING - APRIL 24, 1984 A special council meeting was scheduled for April 24, 1984 at 7:00 p.m. at the City Municipal Center, to cover certain administrative issues in addi- tion to a meeting with members of the Eagan History Committee. I-35E CONSTRUCTION SCHEDULE A request from Enebak Construction Company of Northfield, Minnesota, which is the contractor on the grading for I-35E requesting an extension of time from 6:00 a.m. to 3:00 a.m. from May 1, to August 1, 1984, for two shifts to truck haul material needed at the south end of the project, between CSAH 30 and Blackhawk Road from the north end, near CSAH 31, Pilot Knob Road. In other areas of the grading they requested a 16 hour work day, from approxi- mately May 1 to November 1, 1984. They indicated their intention was to do all of the construction operations between the hours of 7:00 a.m. and 7:00 p.m., according to the City Code provisions. There were concerns by City Council members as to the reaction of neighbors to the potential noise and dust issues and the matter was continued to later in the meeting when the representatives of Enebak Construction would be present. KENSINGTON PLACE - PROJECT #408 A petition has been received requesting preparation of a feasibility report for streets and utilities to serve a portion of the previously approved Kensington Place planned unit development. The request also includes simul- taneous preparation of detailed plans and specifications. Egan moved, Smith seconded the motion to receive the petition for streets and utilities under Project #408 and to authorize the preparation of the feasibility report and the preparation of detailed plans and specifications. All voted yes. 4 fit, ?9 Council Minutes April 17, 1984 COMPREHENSIVE GUIDE - AMENDED HOUSING PLAN A request has been made by Miller & Schroeder Muncipals, representing arriage Hills apartment project, to amend the Housing Plan to allow the issuance of multi-family housing revenue bonds for construction of multi- family rental units. The Council has received a copy of the proposed amend- ment to the Housing Plan to be submitted to the Metropolitan Council and the Finance Committee met on April 11, 1984 and asked for additional information from Miller & Schroeder. Mayor Blomquist introduced the subject and Tom Hedges explained to the Council and the persons in the audience that the amendment would not bind the City, but only allow applications to be submitted and considered by the City Council. It was noted that the projects would not be subsidized and all would include market rate rentals, noting that two multi-housing rental projects have apparently been approved by the Minnesota Housing Finance Agency in the City without City approval. They include Duck- wood Trails and the proposed Surrey Heights, a multi-family project. A letter from City Attorney Paul Hauge dated April 12, 1984, covering certain questions that the Finance Committee raised, was reveiwed, including a proposed sunset provision which could limit the number of units which would be allowed pre- liminarily under the amended Plan. It could also allow the Council to review the multi-housing plan amendment at a later date. Councilman Wachter stated that he did not favor giving certain concessions in order to increase develop- ment, but it was noted that the MHFA has approved two developments and City Council control would at least allow the City to review any proposed develop- ments that may arise, even though the MHFA could approve such financing in spite of City Council denial. Councilman Smith moved to approve the proposed amendment to the housing plan with the understanding that no more than 50% of the low and moderate income rental units designated under the housing plan, will be allowed, or 300 units, whichever is least. A number of owners in the Carriage Hills condominium project appeared and it was explained that their concerns related primarily to the Carriage Hills application which was the next item to be considered by the Council. Egan seconded the motion. All members voted in favor except Wachter who voted no. CARRIAGE HILLS - MULTI-FAMILY REVENUE BOND ISSUE The application of Tomark Eagan Apartments No. 1 Limited Partnership for approval of a multi-family housing development revenue bond issue for Carriage Hills project was next brought before the Council. Mr. Hedges stated that the Council had first considered the issue on March 22, 1984 and that the Finance Committee of the Council met on April 11, 1984 at which time certain questions arose regarding the project by the Finance Committee members. A seventeen page Petition was submitted to the City Council on March 22, 1984 objecting to the issuance of bonds for the project, alleging the proposed development would have low income rental housing, would require additional police and other municipal services, would depress adjoining property values, including theirs, and would seriously impair the future operation of the condominium complex. 5 Council Minutes April 17, 1984 The Council packet included the application and the applicant requested addi- tional continuance because Mark Ravich, the developer, indicated a conflict with Passover, and stated the applicant would distribute a flyer to the adjoining property owners. Mr. Smith stated that initially the owner had indicated that owner- occupied units were intended and a large number of adjoining property owners from the Carriage Hills Condominium project were present. The flyer distri- buted by the developer and displayed by Mr. May, a neighboring owner, re- flected that the hearing had been postponed until the May 1 Council meeting. Councilman Smith asked neighboring owners to express their views on the project or whether they suggest any revisions in the plan. One owner indi- cated he wanted the Council to proceed at the current meeting. One owner recommended denial because there were no practical conditions that could be placed on the project. There was discussion concerning the street patterns. One neighboring owner recommended a change in the pattern with cyclone fence to separate the rental area. Councilman Smith indicated that this would create a long cul-de-sac and the Council opposed long cul-de-sacs because of utility and public safety reasons. Alternates were discussed, including asking the applicant for conditions that might be agreeable, and secondly, to apply to the State MHFA. Egan moved, Smith seconded the motion to close the public hearing, to deny the application, and further that if a public hearing is required at the state level, that a copy of the Eagan City Council Resolu- tion be forwarded to the appropriate state agency. Such denial is based upon the following reasons: 1. The original application and representations for approval of the Carriage Hills project by Tomark Development Company provided for the con- struction of owner-occupied condominium units, rather than multi-family rental units as proposed in the current application which has caused vigorous opposi- tion from neighboring condominium unit owners in the three existing Carriage Hills buildings developed by Tomark, and constitutes a serious change in the original representations to the City and intent of the developer. 2. Representations of the applicant at the time of submission of the application of approval of Tomark 2nd Addition plat indicated that there would be one homeowner's association for all six buildings under the flexible condo- minium act provisions. 3. The application for preliminary plat approval of Tomark Addition originally covered 37 acres with 432 dwelling units intended as condominium apartments. All voted in favor. 6 x'94 Council Minutes April 17, 1984 HUBBARD BROADCASTING CO. - SIGN PERMIT The application of Hubbard Broadcasting Co. and Farvue Company, for a conditional use permit for a pylon advertising sign located south and west of I-35E and Cliff Road, was presented to the Council. Mr. Runkle detailed the application and indicated that the application appeared to comply with all City minimum requirements. The Advisory Planning Commission recommended approval but had concerns about the disposition of the sign when development occurs on the property. There were no objections. Smith moved, Thomas seconded the motion to approve the application, subject to the sign meeting all criteria of the Eagan Sign Ordinance. All voted in favor. LEXINGTON PLACE SOUTH - U. S. HOMES CORPORATION REZONING AND PRELIMINARY PLAT The application of U. S. Homes Corporation for rezoning from R-4 to R-1 PD in order to deviate from the R-1 zoning lot standard and preliminary plat of Lexington Place South, consisting of about 50 acres and containing 135 zero lot line single family lots was presented to the Councilmembers. The Advisory Planning Commission at its meeting on March 27, 1984 recommended approval of both applications subject to certain conditions. Mr. Runkle reviewed the application and indicated that the number of lots as originally proposed has now been reduced and the Park Committee has not determined whether to recom- mend credits for Outlot C which will be open space. The City will require some pond storage for the general area of Outlot C, in one or more ponds. The property is currently zoned R-4 and had an approved preliminary plat con- sisting of 360 dwelling units. There was discussion concerning proposed sanitary sewer easement across the Marge and Barry Tilley property. Mr. Colbert explained that contacts have been made but no agreement to date has been made between the developer and the Tilleys. Robert Hoffman, attorney, appeared on behalf of U. S. Homes and stated that the trees generally will be preserved. He reviewed the courtyard home proposal which would provide for an easement on the neighboring owner's lot. Councilman Egan was concerned about the 6,600 square foot lot sizes, which is about 50% below the minimum lot sizes for single family in the City. About 15 to 20 lots are at the 6,600 square foot size level, with the average lot size of 10,900 square feet. An option with zero lot line with the house on the lot line with 25 foot courtyard on the same lot was also discussed. Mr. Hoffman stated that the developer prefers the easement on the neighboring property as proposed. Thomas moved, Smith seconded the motion to approve the application for rezoning subject to compliance with the applicable ordinances. All voted in favor. Thomas then moved, Egan seconded the motion to approve the application for preliminary plat, subject to the Park Commission and Advisory Planning Commission recommendations as follows: 7 Council Minutes April 17, 1984 1. Adequate rights-of-way shall be dedicated for all of the public streets in this development proposal. 2. The plat shall be reviewed by the Dakota County Plat Commission because the plat abuts County rights-of-way. 3. The plat shall be subject to the Park Commission's review and com- ments regarding the open space proposed in this development proposal and park dedication requirements. 4. A detailed grading, drainage and erosion control plan shall be reviewed and approved by City staff. 5. A detailed housing plan or grading plan shall be submitted prior to consideration by the City Council showing the lots can support the units proposed to be constructed. 6. All setbacks shall be maintained with the exception of the request for a 20 foot side setback on the internal streets. A Planned Development Agreement shall be prepared and entered into regarding the use of the smaller single family lots with this particular design and allowing only 134 single family lots. 7. An exhibit shall be attached to the PD agreement to describe the architectural theme including the models attached. 8. All interior ponds shall be interconnected to provide outlet control and the drainage plan shall be approved by the City to avoid drainage to the south. 9. The developer shall petition for a project to construct an outlet to Pond JP-45 and also construct a portion of the outlet pipe for Pond JP-46 located within this development. 10. The proposed 90 foot offset intersection shall be eliminated by either Alternate 1 or Alternate 2 as mentioned within the Engineering Report. 11. Pond easements shall be dedicated to encompass the high water eleva- tion for the proposed storm sewer retention ponds. 12. Utility and drainage easements shall be dedicated as referenced in the Engineering Report. 13. This development shall be responsible for its share of trunk area storm sewer and watermain assessments at the rate in effect at the time of final plat approval. 8 Council Minutes 4.'r April 17, 1984 14. Costs of all internal lateral streets and utilities shall be the sole responsibility of this development. 15. The sanitary sewer trunk easement to the south shall be acquired at the developer's sole expense. R 84-26 All voted yes. SEE PLAT FILE BRITTANY 7TH ADDITION - PRELIMINARY PLAT The application of Tollefson Builders, Inc. for preliminary plat approval of Brittany 7th Addition and rezoning from A (Agricultural) to R-1 (Resi- dential Single District), consisting of 30 acres and containing 50 single family lots was detailed to the Council by Mr. Runkle. Bill Dolan and Carl Tollefson both appeared on behalf of the applicant. The Advisory Planning Commission at its March 27, 1984 meeting recommended approval of both applica- tions. The issue of cul-de-sacs was discussed with the Planning Commission and it was noted that severe topography and the mature trees on the site make the cul-de-sacs more desirable. The Planning Commission, however, recommended the most westerly cul-de-sac be shortened by 10 feet to be in compliance with the maximum length allowed and a variance be allowed for the center cul-de-sac for 220 feet. The density would provide for 1.5 units per acre. Because of the grade and the large trees, the developer chose not to connect the cul-de- sacs. Mr. Dolan portrayed aerial photos showing the tree growth and noted the large lot sizes in the proposed development. Phase One consists of 32 lots on the West and 18 lots in Phase Two. Street access for the present would only be from the west. There was also discussion about proposed parkland on the north side of the Brown property along Cliff Road. Wachter moved, Smith seconded the motion to approve the application for rezoning. All voted in favor. Egan then moved, Wachter seconded the motion to approve the applica- tion for preliminary plat, according to the following conditions, with the understanding that the sanitary sewer issue will be reserved until a final determination is made as to the sanitary sewer system: 1. A detailed grading, drainage, erosion and sediment control plan shall be submitted and reviewed by the City staff prior to final plat approval. 2. Temporary turn-arounds shall be provided at the ends of each of the stubbed streets proposed in this development and setback shall be permitted assuring no turn arounds are installed. 3. One variance shall be allowed on the middle cul-de-sac as proposed in the preliminary plat to prepare the existing trees and terrain. 4. No lot shall be below 12,000 square feet or 85 foot width at the 30 foot setback. 9 Council Minutes April 17, 1984 5. The applicant shall meet all other City ordinance requirements in regard to setbacks or residential homes and lot coverage. 6. The plat shall be subject to the Park Commission's recommendation for park dedication. 7. If the proposed development is approved, the developer shall submit a petition to the City to construct the utilities and streets. 8. Utility and drainage easements shall be dedicated as referenced in the staff report and recommended by the City. 9. All future costs for public improvements shall be the sole respon- sibility of this development except for the watermain over-sizing. 10. Utilities shall be extended to the east line of this proposed plat. 11. Sanitary sewer shall be constructed through this proposed plat and constructed at an elevation low enough to service the property to the east. 12. The developer shall contact the Department of Natural Resources and obtain the necessary permits required. All voted yes. SEE PLAT FILE PEACEFUL HEIGHTS - PRELIMINARY PLAT The application from Peace Reformed Church of Eagan for preliminary plat approval of Peaceful Heights consisting of approximately 14 acres and contain- ing one lot and one outlot was next considered by the Council. A 14,338 square foot church building is being planned and there was a question as to whether the City will require park dedication. Richard Lundahl, architect, appeared as did several members of the church. There were no objections to the application. Wachter moved, Egan seconded the motion to approve the application, noting the Advisory Planning Commission recommended approval, subject to the following conditions: 1. The plat shall be subject to MnDOT review and comment because the plat abuts State right-of-way. 2. The plat shall also be subject to Dakota County Plat Commission's review and comment because Nicols Road is still a County Road. 3. This plat shall be subject to the Park Commission's review and comment for park dedication. This determination will be made by the Park Commission. 10 Council Minutes April 17, 1984 4. Glory Drive shall be upgraded to its full potential with the con- struction of the church on Lot 1, Block 1. 5. No development shall be allowed to occur on Outlot A until it is replatted. 6. All other City Code requirements shall be met. 7. Detailed landscape plans shall be submitted and approved and a landscape bond shall be required and not released until one year after land- scaping has been completed. 8. The parking area shall be surfaced and concrete curb shall be in- stalled around the perimeter of parking and drive lanes. 9. The cul-de-sac shall be approved for length variance of 100 feet. All voted in favor. SEE PLAT FILE WESCOTT HILLS REVISED - PRELIMINARY PLAT The application of Ken Tschida and Richard Coverdale for preliminary plat approval of Wescott Hills Revised consisting of approximately 12.2 acres and containing 168 dwelling units was considered by the Council. The Advisory Planning Commission at its regular meeting on March 27, 1984 recommended approval of the application subject to numerous conditions. The property is presently zoned R-4 and the applicant is proposing a three-story townhouse with common entrance within the densities that R-4 zoning allows. There would be 16.9% lot coverage with a net of 13.7 units per acre. There was discussion concerning the proposed vacation of Kost Road and Mr. Ken Tschida and Greg Frank, Engineer, appeared for the applicant. Mr. Tschida stated that he had talked with the affected neighboring property owners and there were no objec- tions to the vacation of the street. After discussion, Wachter moved, Egan seconded the motion to approve the application for preliminary plat approval, subject however, to scheduling a hearing on the vacation of Kost Road to Wescott Hills Drive, and conditioned upon the following: 1. A homeowner's association shall be established, and the governing documents shall be reviewed and approved by City staff prior to final plat approval. 2. A detailed grading, drainage and erosion control plan shall be submitted and approved prior to final plat approval. 3. A detailed landscape plan shall be submitted and reviewed by City staff, and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 11 C 9.1- Council Minutes April 17, 1984 4. The applicant shall provide one garage space and one and one-half parking spaces per dwelling unit. 5. The park dedication shall be reviewed by the Park Commission and subject to the Park Commission's recommendation. 6. A phasing plan shall he established as to how this area is to be developed. 7. The interior streets shall meet City Engineer's specifications for this private street access. 8. All other City Ordinances shall be complied with. 9. If utilities are to be installed privately, then plans and specifi- cations shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. This development shall petition for a public hearing to be held in regard to the vacating of Kost Road prior to final plat approval. 11. The proposed internal looped private street shall be a minimum of 28 feet wide and built to City standards. 12. Access onto Wescott Square and Mike Collins Drive shall be as refer- enced within the Engineering Report and approved by the City. 13. Utility and drainage easements shall be dedicated as referenced in the Engineering Report and approved by the city. 14. Trunk area storm sewer assessments shall be the responsibility of this development at the rate in effect at the time of final plat approval. 15. If Kost Road is vacated, the vacated right-of-way will be respon- sible for trunk area watermain and sanitary sewer assessments at the rate in effect at the time of final platting. 16. All costs associated with internal improvements of this proposed development will be the sole responsibility of this developer. All voted yes. SEE PLAT FILE 12 Council Minutes April 17, 1984 GROUP W ADDITION - PRELIP'IINARY PLAT AND TOWER PERMIT The application of Group W Cable Company for preliminary plat approval of Group W Addition which will consist of approximately 2.4 acres and will con- tain one lot was then reviewed. A public hearing was held by the Advisory Planning Commission at its March 22, 1984 meeting and the application was recommended for approval. Mr. Runkle detailed the application for the Council and Jim Commers of Group W was present. Mr. Commers stated that the applica- tion also included conditional use permit for a 150 foot T.V. tower which is also recommended for approval by the Planning Commission. Mr. Commers stated that the proposal is now for a 100 foot tower and that the location has now been moved to the west of the building. There was considerable discussion concerning the requirement of the ordinance that in the event that the tower collapses that it not fall on neighboring property owners, which Mr. Commers stated the only location would be to the northwest, where it would potentially fall. Also a short variance at the northeast corner of the building for setback purposes would be required. He stated the proposal is to conform with the 100 foot Wind Energy Ordinance maximum height requirement and the reason for the facility on the Eagan-Burnsville line is because of the distance for cable T.V. location purposes. Roger Slater appeared as the co-owner of two parcels to the northeast and southeast and objected to the tower because he stated it would detract from the value of his property and the ability to sell it. Mr. Commers stated that moving it south could create distortion from the broadcast signal on the WAYL towers. Neil Heine, another owner, objected to the Advisory Planning Commission not allowing a continuance of the hearing as he requested, and objected to various aspects of the application, including potential interference with his property, electronically. Mark Parranto appeared representing the McDonald Halladay Corporation, owners of the property to the south, objecting to being assessed for the installation of streets and utilities at the present time. He also objected to the tower size and view of the tower along the river bluff area, but not to its height. After extended discussion, Smith moved, Egan seconded the motion to approve the application for preliminary plat, including the variance for building corner setbacks, noting that the hardship was the lack of other available sites, and subject to the following conditions: 1. The parking area shall be surfaced with concrete curbing around the perimeter of the driving aisles and parking area. 2. A detailed grading, drainage and erosion control plan shall be submitted and reviewed prior to the final plat approval. 3. Old Sibley Highway shall be upgraded only adjacent to the appli- cant's property and no curb and gutter shall be installed on adjacent property. 13 Council Minutes April 17, 1984 4. A detailed landscape plan shall be submitted and approved by the City prior to the final plat, and an adequate landscape bond shall be sub- mitted and not released until one year after the landscaping has been com- pleted. 5. The plat should be reviewed by Minnesota Highway Department of Transportation because the plat abuts highway rights-of-way. 6. The proposed tower shall be located on the west side of the building and all necessary permits shall be acquired. 7. The necessary sewer and water connection permits shall be obtained prior to final plat approval. 8. Easements shall be dedicated as stated in this report or as required by staff. 9. This development shall be responsible for its assessments for 175 feet of lateral benefit trunk water main at the rate in effect at the time of final platting. 10. Any additional costs for improving this lot shall be the sole re- sponsibility of this development. It was noted that if the street does not include utility installation at the present time, it will have to be installed later and the applicant for the uiltities would then be required to pay the cost at that stage. Mr. Colbert reported that the Group W cable site can receive sewer and water generally from the north. It was noted the Group W will be assessed the entire street assessment and the funds will be used for upgrading the street without full city standard requirements. Those in favor were Egan, Thomas and Smith; those against were Wachter and Blomquist. Mayor Blomquist stated that she was not certain that there was any hardship and member Wachter stated he did not feel that the site was large enough for the purpose requested. Smith then moved, Egan seconded the motion to approve the application for the conditional use permit for the 100 foot tower, subject to the following: 1. That any variance for the fall-radius be within the right-of-way within Old Highway #13. 2. That all FAA regulations shall be complied with and that the tower not exceed 100 feet. 3. That the City Engineer review and approve the tower specifications. 4. That the tower be constructed to withstand at least 100 mile per hour winds. 5. That the City review the liability policy. 14 Council Minutes April 17, 1984 6. That the applicant meet all other ordinance requirements. Those in favor were Smith, Thomas and Egan; those against were Blomquist and Wachter. SEE PLAT FILE CEDAR CLIFF COMMERCIAL 1ST ADDITION - PRELIMINARY PLAT The application of Wooddale, Inc. and James Durning for preliminary plat approval of Cedar Cliff Commercial lst Addition was presented to the Council to request an amendment to the Cedar Cliff Commercial lst Addition, and amend- ment to the Cedar Cliff Planned Development to allow more office use in Outlots G through H, Cedar Cliff Planned Development. A request had been made by Mr. Durning that the item be continued to the May 1, 1984 City Council meeting to provide for some final drawings regarding the shifting of lot lines. Upon motion by Wachter, seconded Egan, it was resolved that the appli- cation be continued to the May 1, 1984 meeting. All voted yea. SEE PLAT FILE SUNSET 2ND ADDITION - MODEL ROME The application of Brad Swenson for approval of two model homes for Sunset 2nd Addition was brought before the Council. Brad Swenson was present, as was Arlene Krecklau. There were no objections to the application. Wachter moved, Smith seconded the motion to approve the application for the construc- tion of two model homes on the addition, subject to normal city requirements. All voted in favor. HARVEY BRAUN PROPERTY - STORAGE A complaint from Len Walz concerning open storage on the Harvey Braun property east of Pilot Knob Road and south of Fish Lake had been brought to the staff. Mr. Hedges indicated that he understood that there was a tentative agreement between Mr. Braun and Mr. Walz and Egan moved, Wachter seconded the motion to acknowledge the agreement and no further action be taken. All voted yes. BRA COMMUNITY DEVELOPMENT DISTRICT COMMITTEE The Dakota County Board, on February 28, 1984, adopted an implementation plan for the Dakota County Community Development Block Grant Entitlement Program. The City of Eagan was grouped together with the City of Burnsville and the City of Apple Valley and will be eligible to receive approximately $310,000.00 in CDBG funds each year. It will be necessary to form a Community Development District Committee to review the program and application to deter- mine the actual distribution of funds. A letter from the Dakota County HRA was read and staff recommended Dale Runkle be appointed to the Committee. Egan moved, Wachter seconded the motion to authorize Dale Runkle be appointed as the representative of the Community Development District Committee to repre- sent the City of Eagan. All voted in favor. 15 Council Minutes April 17, 1984 SURREY GARDENS - FINAL PLAT The application of the developer of Surrey Gardens for final plat approval located at Federal Drive and Surrey Heights Drive, south of Yankee Doodle Road was presented to the Council. Staff recommended approval and Dan Gustafson was present. Blomquist moved, Smith seconded the motion to approve the application, subject to compliance with all City requirements. All voted in favor. R 84-27 OAK CLIFF ADDITION - FINAL PLAT The final plat application of Richard Development Co. for approval of the final plat of Oak Cliff Addition was considered by the Council and recommended for approval by the staff. Smith moved, Thomas seconded the motion to approve the application, subject to compliance with City ordinance requirements. All voted yea. R 84-28 WINDTREE 3RD ADDITION - FINAL PLAT The application for the approval of Windtree 3rd Addition which is the replat of the 2nd Addition to create smaller lots, was reviewed by the Council. There were no objections. Egan moved, Wachter seconded the motion to approve the application subject to city requirements and to authorize the Mayor and City Clerk to execute all related documents. All councilmembers voted in the affirmative. R 84-29 DUCKWOOD TRAILS 2ND ADDITION - FINAL PLAT The application of the developers of Duckwood Trail 2nd Addition for approval of the final plat has been reviewed by the staff and the staff recommended approval of the application. Wachter moved, Egan seconded the motion and all voted in favor to approve the application, subject to the normal city requirements, including park dedication. All voted yea. R 84-30 SUNSET 3RD ADDITION - FINAL PLAT The application for approval of the final plat of Sunset 3rd Addition, located north of Golden Meadow Road and west of the Overview Estates Replat was brought before the Council. Staff noted that all conditions now appear to be in order and recommended approval. Egan moved, Thomas seconded the motion to approve the application, subject to the ordinance requirements. All voted in favor. R 84-31 16 Council Minutes April 17, 1984 LEXINGTON AVENUE - TRUNK WATERMAIN - CONTRACT #84-9 The plans and specifications for Contract 484-9 consisting of trunk water main under Project 4395-I along Lexington Avenue, have now been completed. The City Engineer, Bob Rosene, presented the plans to the Council. Wachter moved, Egan seconded the motion to approve the plans and specifications for Contract #84-9 and authorize the advertisement of the bids to be opened at 10:30 a.m. on Friday, May 11, 1984 at the City Hall. All voted yea. WESCOTT TRUNK SANITARY SEWER - CONTRACT #84-2 A request has been made by Austin P. Keller Construction Co. for extended hours of operation to work a double shift for the construction of sanitary sewer through the McCarthy property. The request would extend the hours to include 5:00 a.m. to 11:00 p.m. to allow the double shift to operate. There were no objections and Thomas moved, Egan seconded the motion to approve the request for extended hours. All voted yes. CEDARVALE 2ND ADDITION - STORM SEWER & DRIVEWAY - CONTRACT #84-7 The bids for the storm sewer and driveway improvements in Cedarvale 2nd Addition were received on April 13, 1984 and a copy of the tabulation of bids was presented to the Council. Mr. Colbert reviewed the bids, including the alternate bid and the addendum bid and recommended the alternate bid not be approved because of the type of planting proposed. Sheldon Kranz of Country Club Markets was present and had questions concerning the proposal, indicating Country Club would prefer to install the landscaping itself. He objected to the addendum bid and would be willing to put in a lilac hedge. He indicated that Country Club would have an $18,000.00 street assessment alone and objected to being singled out for screening requirements. It was noted there had been numerous complaints, through the years, to the City about the rear side of the store facing Highway #13. There was a review concerning the proposed assessments, including the driveway and boulevard construction, amounting to $7,900.00 with the storm sewer constituting the balance. It was also noted that the original approval of the building permit included land- scaping but that landscaping has not been maintained through the years. Mr. Kranz stated that he has been in charge of maintenance for one year and that he further indicated that the area will be maintained by Country Club. Egan moved, Smith seconded the motion to approve the low bid of McNamara-Vivant in the sum of $85,157.90 and to eliminate the alternate bid and the addendum bid with the understanding that the owners do their own landscaping and if not done in a manner acceptable to the City, that such additional work will be included in the next project that will be commenced by the City in the general area and that it is further understood that the owners in the area will maintain their property in an orderly manner. All voted yes. 17 Council Minutes April 17, 1984 ENEBAK CONSTRUCTION CO. The Council again discussed the request of Enebak Construction Co. for extended hours for the hauling of material from the I-35E corridor along Pilot Knob Road, as discussed earlier in the meeting. A representative of Enebak Construction was present and councilmembers indicated their concern about residents being contacted concerning proposed possible dust and noise and the potential adverse effect on the roads traveled. It was noted that past prac- tice has included a provision that the hours would be allowed if there are no serious complaints. Egan moved, Wachter seconded the motion to continue the request until the next regular meeting and that a notice be placed in the newspaper that the issue will be considered at the regular May 1, 1984 meeting. All voted yea. KOST ROAD VACATION The petition for vacation of a portion of Kost Road was presented to the Council. Upon motion by Smith, seconded Thomas, it was resolved that a hearing on the vacation be scheduled for May 15, 1984 at 7:00 p.m. at the City Hall. All voted yes. EAGAN CITY SPRING CLEAN UP The Council again discussed the potential for City involvement in a spring clean-up but noted the lack of budgeted funds. It was suggested that a proclamation be issued declaring the 3rd or 4th week in May as the Spring Clean-Up Week, with the exact determination to be made at a later time. VOLUNTEER RECOGNITION DAY There was discussion concerning the proposed date for Volunteer recogni- tion day to include a city bus trip. MILLER & SCHROEDER AGREEMENT The proposed agreement between Miller & Schroeder Municipals, Inc. and the City of Eagan concerning housing revenue development bonds was brought before the Council. City Administrator Hedges and City Attorney Hauge recom- mended continuance until the next regular meeting. Smith moved, Egan seconded the motion to continue the consideration of the agreement. All voted yea. 18 Council Minutes April 17, 1984 JUNK CAR STORAGE Mr. Hedges gave an updated status on the complaints regarding storage of junk cars located throughout the City and noted that action is being taken by the City staff regarding certain locations. CHECKLIST Wachter moved, Egan seconded the motion to approve the following check- list dated: March 31, 1984 & April 17, 1984 All voted ye,886.89 $330,450.44 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:15 a.m. All voted in favor. PHH City Ckfl~k 19