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05/21/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 21, 1985 A regular meeting of the Eagan City Council was held on Tuesday, May 21, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea Blomquist and Councilmembers Smith, Egan and Wachter. Councilman Thomas was excused. Also present were Consulting Engineers Mark Hansen and Bob Rosene, City Administrator Hedges, Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. City Administrator Tom Hedges announced that because of the School Board Elections, no official decisions will be made by the City Council until 8:00 p.m. However, informal discussion will take place before that time. PARK & RECREATION DEPARTMENT 1. Northview Elementary School. Mike Ravich, a fifth grader, and Bob Ferguson, the Principal at Northview School, appeared on behalf of Northview Elementary School expressing their thanks to the Park and Recreation Dept. for the cooperation in installation of playground equipment. Mike Ravich read a statement on behalf of the students of Northview School. 2. Gang Mower Purchase. Ken Vraa was present and stated that the City has been offered the right to purchase a Gang mower from School District #191 for the sum of $14,000.00. He stated that a Gang mower was identified as a capital purchase for 1987 and although the City Park Department does not need the size mower proposed to be purchased at the present time, that it was a good value. No action was taken. Councilman Smith suggested that the Council authorize the purchase and that the funds be included in the 1986 Capital Budget for the Park and Rec. Department. PUBLIC WORKS DEPARTMENT Rich Hefti appeared for the Public Works Department. SLATERS ACRES EASEMENTS - CONTRACT #85-3 Mr. Hedges and Mr._ Hefti discussed with the Council several alternates regarding the construction of utility easements in the Slaters Acres area under Contract #85-3. The alternates included 1) approving the contract and ordering the condemnation of the two necessary easements that have not been acquired, 2) proceed only with a part of the contract within James Court and exclude the parcels where easements have not been acquired, and 3) to drop the project for the time being. 1 Council Minutes May 21, 1985 - Several residents from Slaters Acres area appeared, including Jim Schmidt with a Petition and indicated that some owners had septic tank problems and desire to proceed with a part of the project only. He stated that he did not feel that the City would be able to get all the easements voluntarily. Arch Hum appeared and recommended the Council abandon the project, redesign it, and then rebid it. The Councilmembers stated that a hearing had been held on the project and there is no change in the policy regarding assessments. Mr. Rosene suggested it would be logical to carry through with the project and acquire the necessary easements. No action was taken at that time. MARTIN SHIELDS PROPERTY - PROJECT #113 - TOWERVIEW ROAD - UTILITIES Mayor Bea Blomquist convened the public hearing regarding the assessments on the Martin Shields property along Towerview Road under Project #113. Mr. Hedges briefly reviewed the history of the assessments, noting that they originally were proposed to be assessed in 1973 and had been deferred several times. City Attorney Paul Hauge submitted a letter to the City Council and recommended that the original assessments be increased by the amount of the bond interest rate paid for the sale of improvement bonds for the project at approximately 5%, with a total assessment of about $21,000.00. This would constitute a reduction of about $4,000.00 from that originally proposed, but recommended approval based upon both the benefit test and the cost analysis test. Dan Beeson, attorney, and Martin Shields were present and indicated that they had agreed with the proposed reduction in assessments and would not appeal the assessments. No action was taken. WESTBURY 3RD ADDITION - PROJECT #441 The next public hearing convened by the Mayor concerned Project #441 regarding utility and street improvements in Westbury 3rd Addition. The hearing had been continued from the May 7, 1985 council meeting because the developer was not present at that hearing. Mr. Gabbert was present at the May 21, 1985 meeting and stated that the developer favored the project. There were no objections to the project. EAGANDALE OFFICE PARK - EASEMENT VACATION The next public hearing convened by the Mayor concerned the vacation of the existing utility and drainage easements for Lots 1 through 3, Block 4, Eagandale Office Park. All notices were published in the legal newspaper and sent to all potentially affected utility companies. The easements should be vacated before the filing of the Eagandale Office Park 2nd Addition plat. There were no objections to the vacation. THOMAS LAKE HEIGHTS 2ND ADDITION - EASEMENT VACATION Mayor Blomquist then convened the hearing regarding the vacation of drainage and utility easements in Thomas Lake Heights 2nd Addition. Mr. Hedges reviewed the proposed vacation and there were no objections voiced at the hearing. No action was taken. 2 Council Minutes May 21, 1985 BRITTANY 8TH ADDITION - PROJECT #440 The hearing regarding Project #440 consisting of Brittany 8th Addition for streets and utility improvements was then opened by Mayor Blomquist. The Council had authorized the preparation of a feasibility report on March 19, 1985 but the developer now has indicated that it wishes to proceed with the installation of street and utility improvements under private contract. The cost of preparing the feasibility report had been guaranteed by the developer and there-were no objections to the closing of the hearing and the denial of the project. SAFARI 2ND ADDITION - PROJECT #439 The hearing concerning Project #439 covering utility and street improvements in Safari 2nd Addition next was brought to order. There was no appearance by the developer and there were no objections to the project. The project was briefly described by Mr. Hefti and no action was taken at that time. UPS ADDITION - PROJECT #442 The hearing regarding street and utility improvements for Project #442 within the UPS Addition area was convened by the Mayor. Bob Rosene reviewed the project for the Councilmembers and those present, and representatives of United Parcel Service were in the audience. There were no objections and it was noted that storm sewer is the principal issue in the project. There was discussion concerning the two alternates, including the use of the pond to the north or a large storm sewer trunk. In addition, there was discussion concerning the deficit that was proposed, but it was noted that if UPS builds the project privately, that there would be a substantial revenue overage of about $160,000.00. The representatives of UPS indicated the applicant desires to install most of the improvements privately except for certain storm sewer lines. There would be a natural storm water overflow to the north to Burr Oak Pond which would be overground until the land to the north is developed. No action was taken at that time. WINDTREE 4TH ADDITION - PROJECT #437 & FINAL PLAT APPROVAL The Council then reviewed Project #437 consisting of Windtree 4th Addition street and utility improvements and also the application for final plat approval of the subdivision. A hearing had been held at the May 7, 1985 regular council meeting and the hearing was closed with action on the project continued until the May 21 meeting. Darrell Peterson of Jim Hill & Assoc. was present and requested approval by the Council. There were no objections and no action taken. 3 Council Minutes May 21, 1985 HAMPTON HEIGHTS - PRELIMINARY PLAT The application of Frontier Midwest, Inc. for revised preliminary plat approval of Hampton Heights Addition and for rezoning from A (Agricultural) to Planned Development and LB (Limited Business) was next heard. Mr. Hedges explained the action that the Advisory Planning Commission made at its April 23, 1985 meeting, at which' time the Advisory Planning Commission recommended approval, subject to numerous conditions. Dale Runkle discussed the recent proposal and it was noted that the Advisory Planning Commission did not have a report from the staff concerning the most recent revision. A portion of the Blackhawk Glen area to the south would be included within the plat and the proposal was for a 50 foot right-of-way for Coachman Road. The Coachman Road right-of-way and lot sizes are the principal issues for Council consideration. Councilman Wachter was concerned about the reduced lot sizes and moved that the Advisory Planning Commission and Council meet to discuss and review the minimum lot sizes for single family lots, recommending that it be done on a uniform basis. Mr. Hedges stated that the issue is being reviewed as a part of the comprehensive plan update and that there will be a report concerning minimum lot sizes submitted by the staff within about 30 days. It was noted that Coachman Road will be more of a local nature type road, according to Dale Runkle. The Mayor asked about the northerly portion proposed for Limited Business, and apparently, there had been no discussion at the last Advisory Planning Commission meeting because there had been no staff report on the project. Mark Parranto appeared and indicated that the only change at the last meeting was in the residential planned development area. Councilman Wachter suggested the proposal be returned to the Advisory Planning Commission on a formal basis because the Commission members did not review the staff report. Councilman Smith stated the Advisory Planning Commission was satisfied with the proposal and recommended approval. Mayor Blomquist suggested the lot sizes along the southerly border be consistent with the northerly lots in the proposed subdivision to the south, and Mr. Parranto stated that revisions to the southerly lot sizes could be made. Mr. Parranto indicated that the median lot size is 11,000 square feet and the average lot size is over 12,000 square feet. There was discussion concerning the proposed 50 foot Coachman Road right-of-way, and the engineering staff recommended a 60 foot minimum. Mr. Parranto stated he could comply with a 60 foot minimum. It was noted that the project had first been proposed for 195 units and reduced to 157 units, with a 65 foot minimum frontage. Now the proposal is for 132 single family lots in the proposed planned development area. Councilman Egan noted there was a significant reduction from the original proposal with about 28 units below 10,000 square feet in area. Mayor Blomquist mentioned that it is not a reduction in density where the land is already zoned. The land was previously zoned Agricultural. After considerable discussion, Smith moved, Egan seconded the motion to approve the application for rezoning to Planned Development, excluding the northerly parcel which would retain the Agricultural zoning category, with the following conditions: 4 Council Minutes May 21, 1985 1. That Coachman Road provide for a 60 foot right-of-way. 2. That no commercial zoning be allowed on the northerly parcel at the present time. 3. A Planned Development Agreement be entered into and the exhibits be submitted showing the number of lots and also the house plans which will be allowed for this proposed development. 4. The term of the P.D. shall be no longer than five years. 5. The lots shall be increased in size to a minimum of 10,000 square feet per lot. 6. A 10-foot front setback blanket variance shall be granted throughout the development. 7. As much storm water runoff as possible shall be directed into Pond CP- 1. 8. This development shall provide public right-of-way access to parcel 010-05. 9. A 60-foot right-of-way shall be dedicated for Coachman Road, a 55-foot half right-of-way shall be dedicated for Yankee Doodle Road and a 35-foot half right-of-way shall be dedicated for the existing Coachman Road. 10. Fifty-foot local access streets right-of-way shall be dedicated. 11. A utility easement shall be dedicated as necessary to provide for storm sewer from the Royal Oaks development. 12. A ponding easement shall be dedicated to encompass the high water level (H.W.L.) of Pond CP-1. 13. This development shall be responsible for all assessments deferred under Project 371. 14. All standard plat conditions shall be adhered to. Those in favor were Smith and Egan; those against were Wachter and Blomquist. Egan then moved to refer the proposal back to the Advisory Planning Commission and Wachter seconded the motion. Blomquist suggested that the size of the lots along the southerly line be increased. Councilman Egan then withdrew the foregoing motion. Blomquist then moved, Egan seconded the motion to approve the application to rezone subject to the following: 1. The lots that are 8,500 square feet shall be increased in size. 2. That the lots along the southerly line shall be consistent with the lots in the R-1 area to the south. 5 Council Minutes May 21, 1985 3. The Limited Business zoning shall be removed and the northerly parcel be retained Agricultural classification. 4. A 60 foot right-of-way for Coachman Road shall be provided. 5. All engineering, staff and Advisory Planning Commission recommenda- tions shall be imposed on the development. 6. A Planned Development Agreement shall be entered into with the proposed design being the land use plan approved. 7. The site shall be entirely developed by one developer and a detailed housing plan shall also be submitted as to what type of home would be constructed on each of the proposed lots. 8. Either a 50 foot or 60 foot right-of-way shall be dedicated for the extension of Coachman Road. 9. The plat shall be subject to the Park Commission's review and recommendation. 10. The models that were originally submitted shall also be attached with this development, in order that the architectural theme is established for this development. Those in favor were Blomquist, Egan and Smith; voting no was Wachter. Smith then moved, Egan seconded the motion to approve the application for preliminary plat approval, subject to all City imposed conditions. Those in favor were Blomquist, Egan and Smith; against was Wachter. SEE PLAT FILE AGENDA Smith moved, Wachter seconded the motion to approve the agenda as presented. All members voted yes. MINUTES OF MAY 7, 1985 COUNCIL MEETING Regarding the minutes of the regular meeting of May 7, 1985, Egan moved, Wachter seconded the -motion to approve the minutes as distributed. All members voted yea. PARK & RECREATION DEPARTMENT - GANG MOWER PURCHASE Smith moved, Wachter seconded the motion to authorize the purchase of the Toro Nine Gang Reel Mower from ISD #191 for $14,000.00 or less, through negotiation with the purchase price to be included in the 1986 Capital Expenditure Budget, but that the funds be acquired from the 1985 contingency fund. All members voted yes. 6 Council Minutes May 21, 1985 SLATERS ACRES - CONTRACT #85-3 The Council again reviewed the options regarding Slaters Acres Contract #85-3. Several neighboring owners were still present and discussed with the Council their desire that only a portion of the project be installed because of the potential assessment amount. After further discussion, Egan moved, Smith seconded the motion, noting that there had been general consensus for the project, that bids were extremely favorable and to approve the low bid of L & G Rehbein in the amount of $205,019.40 under Contract #85-3, noting that certain of the residences are in need of municipal sanitary sewer services because of septic tank problems and that the City Attorney be authorized to commence condemnation against the Bolstrum and Roth properties under a quick- take condemnation basis and also to authorize the hiring of an appraiser on behalf of the City. Jim Schmidt again appeared and requested that the Council not proceed with the entire project. Those in favor were Egan, Smith and Blomquist; against was Wachter. CONSENT AGENDA The following consent agenda items were presented to the Council and recommended by the staff for approval and that the Council authorize their implementation: 1. Superintendent of Public Works - Resignation. A letter of resignation was received from Bill Branch, Superintendent of Public Works informing the Council that he would resign effective August 1, 1985. He began employment with the City on August 14, 1967. It was recommended that the Council accept his resignation effective August 1, 1985. 2. Contractor's Licenses. A schedule of contractor's license applications was submitted with the packet material and it was recommended by the staff that they be approved. 3. Proclamation of Flag Day. The President of the National League of Cities and Mayor of Cleveland, George Voinovich, has proposed that cities throughout the United States observe Flag Day on June 14. The Mayor approved the Flag Day Proclamation and urged the local media to promote the "Pause for the Pledge" on Flag Day for June 14, 1985. 4. Cinnamon Ridge - Final Plat Extension. A request from Bryan Weber, Vice President of Can American Realty Corporation requesting an extension of the Cinnamon Ridge preliminary plat approval until December 31, 1985 was recommended to be approved. 5. Watershed Management District - Joint Powers Agreement. Based upon 1982 Minnesota Legislation, the Joint Powers Agreement has now been prepared covering the Gun Club Lake Watershed District within which 97% of Eagan is located. The other 3% of Eagan is located within Blackdog Watershed District, primarily controlled by the City of Burnsville. The Joint Powers Agreement 7 Council Minutes May 21, 1985 was prepared under the direction of the then Public Works Director, Tom Colbert, on behalf of the City. It was recommended that consideration of the Joint Powers Agreement for the Gun Club Lake Watershed Management District be continued. 6. Deep Well Pumping Facility - Change Order #1 - Contract #84-19. Change Order No. 1 was recommended for approval for the deep well pumping facility at Well No. 7 with a net addition of $2,338.00, and it was recommended that the Mayor and City Clerk be authorized to execute all documents. 7. Project #434 - Technology Drive - Plans & Specifications. The Council has authorized the preparation of plans and specifications for Project #434 under Contract #85-13 and it was recommended that the plans and specifications be approved and the Clerk be authorized to advertise for bids for an opening at 10:30 a.m. on Thursday, June 13, 1985 at the Eagan Municipal Center. 8. S & W Industrial Acres - Final Plat Approval. It was recommended that the final plat application for S & W Industrial Acres be approved and that the Mayor and Clerk be authorized to sign all necessary documents. R 85-29 9. Eagan Woods Office Park - Final Plat Approval. The application for final plat approval for Eagan Woods Office Park has been received and it was recommended that the Council approve the application and authorize the signature of all necessary documents, subject, however, to compliance with all City requirements. R 85-30 10. Safari 2nd Addition - Contract #85-16. The plans and specifications for Contract #85-16 consisting of utility and street improvements in Safari 2nd Addition have now been completed and it was recommended they be approved and the Clerk be authorized to advertise for bids in the legal newspaper to be opened at 10:30 a.m. on June 13, 1985 at the City Municipal Center. 11. Williams & LaRue 1st and 2nd Addition - Project #450. A petition had been received from the owners of Lots 1, 2, 3, and 4 of the Williams and LaRue Addition for the installation of public utilities. It was recommended that the Petition be received for Project #450 and that the Council authorize the preparation of the feasibility report by the consulting engineers. 12. Blue Cross/Blue Shield Parking Lot - Excavation Permit. It was noted that an application has been received from Blue Cross/Blue Shield for parking lot expansion for its facility on Highway #13. It was noted also that part of the grading work has now been completed but it was recommended that Permit No. 17-095 be approved. 13. Westbury 3rd Addition - Final Plat. The application for approval of the final plat of Westbury 3rd Addition has been received and it was recommended to the City Council that it approve the application subject to compliance with all City requirements and authorize the Mayor and City Clerk to execute necessary related documents. R 85-31 Egan moved, Wachter seconded the motion to approve all of the foregoing consent agenda items as recommended by the City staff. All voted yes. 8 Council Minutes May 21, 1985 MARTIN SHIELDS PROPERTY - PROJECT #113 - FINAL ASSESSMENT HEARING Councilman Smith moved, and Councilman Wachter seconded the motion to close the public hearing regarding the assessments on the Martin Shields property under Project #113, conditioned upon Mr. Shields agreeing to the reduction of the assessments to approximately $21,000.00 based upon the discussion early in the meeting, with the understanding that the assessments will bear interest subsequent to the adoption of the roll at 11% interest per annum, be and they hereby are approved. All members voted yea. WESTBURY 3RD ADDITION - PROJECT #441 Wachter moved, Egan seconded the motion to close the public hearing for Project #441 and to authorize the preparation of plans and specifications covering the project. All members voted in favor. EAGANDALE OFFICE PARK - EASEMENT VACATION Wachter moved, Egan seconded the motion to close the public hearing and authorize the vacation of existing easements located in Block 4 of Eagandale Office Park Addition, subject to final plat approval of the Eagandale Office Park 2nd Addition and to authorize the Mayor and City Clerk to execute all related documents for recording with the Dakota County Recorder's office. All councilmembers voted affirmatively. THOMAS LAKE HEIGHTS 2ND ADDITION - EASEMENT VACATION Egan moved, Wachter seconded the motion to close the public hearing regarding the vacation of utility easements in the Thomas Lake Heights 2nd Addition and authorize and approve the vacation of the drainage and utility easements. All members voted yes. BRITTANY 8TH ADDITION - PROJECT #440 Smith moved, Wachter seconded the motion to close the public hearing and based upon the request of the developer, that the developer would install the improvements privately,-to deny Project #440 for the installation of utility and street improvements to service the Brittany 8th Addition. All members voted yea. SAFARI 2ND ADDITION - PROJECT #439 Egan moved, Wachter seconded the motion to continue the public hearing until the next regular council meeting, noting that there was no appearance on behalf of the developer of the project. All voted yes. 9 Council Minutes May 21, 1985 UPS ADDITION - PROJECT #442 Smith moved, Wachter seconded the motion to close the public hearing regarding street and utility improvements under Project #442 in the UPS Addition and to authorize the preparation of plans and specifications for that portion of the project to be installed through City Contract, with the understanding that the balance of the contract will be developed privately. All voted yea. WINDTREE 4TH ADDITION - PROJECT #437 & FINAL PLAT APPROVAL Egan moved, Wachter seconded the motion to approve the application for final plat submitted by the developers of the Windtree 4th Addition, subject to compliance with all necessary requirements and further, to approve Project #437 for the installation of streets and utilities within the subdivision and close the public hearing and to authorize the preparation of plans and specifications for the project. All councilmembers voted yes. Smith moved, Egan seconded the motion to approve the final plat of the Windtree 4th Addition, subject to compliance with all City requirements. All members voted yes. R 85-32 HAMPTON HEIGHTS - PRELIMINARY PLAT The Council again considered the application of Frontier Midwest for approval of the revised preliminary plat for Hampton Heights and for rezoning to Planned Development and Limited Business. It was noted that a 4/5th vote of the entire Council is necessary to approve the application for rezoning, and after discussion, Egan moved, Smith seconded the motion to reconsider the motion made earlier in the meeting for approval of the application for rezoning. All members voted yes. Blomquist then moved, Egan seconded the motion to approve the application for rezoning based upon the conditions provided in the earlier motion, including the exclusion of the Limited Business designation, which will remain Agricultural zoning and to forward the application to the Advisory Planning Commission for review and comment. All councilmembers voted yes. SEE PLAT FILE SUNSET 4TH ADDITION - VARIANCE An application was submitted by Tri-Land Properties, for 20 foot setback variance from Yorktown Place for Lot 2, Block 3, Sunset 4th Addition. The application was first considered at the regular May 7, 1985 council meeting and the Council asked for further information as to the reason why the eyebrow, or bubble, was eliminated and not formally approved by the City Council. There was a question as to what the variance would be at the setback of the residence and it was noted that the plat was not approved with removal of the eyebrow. The staff recommends disapproval of the eyebrow where possible for maintenance purposes. After discussion, Smith moved, Wachter seconded the motion to approve the variance, subject to the following conditions: 10 Council Minutes May 21, 1985 1. The applicant shall submit a petition for vacation of the right-of-way area for the eyebrow. 2. The lot lines shall be extended as shown on the exhibit submitted with the application. All members voted yes. BIRCH PARK - FINAL PLAT - RECONSIDERATION OF BID AWARD The final plat application of Birch Park Addition was submitted and had been considered at the last City Council meeting, including the consideration of the bid award for Contract #85-10. There had been discussion at the May 7, 1985 meeting concerning the access to the proposed Pilot Pointe Addition to the west, and also the objections from neighboring property owners on the south side of Deerwood Drive as to the proposed assessments along Deerwood Drive. Staff has reviewed the issues that were requested by the Council and a letter from Rod Hardy of Sienna Corporation dated May 10, 1985, together with a letter from the Bonestroo, Rosene, Anderlik office regarding the proposed assessments were reviewed. Councilmembers indicated they had originally considered Pilot Pointe and Birch Park together, and on that basis, eliminated the access road through Birch Park to the west. They further stated that the Pilot Pointe preliminary plat application was approved, contingent upon the fill and it was understood the County Highway Department would approve access to Pilot Knob Road with the grade including the fill. Mr. Rosene stated that the pond along the west side of Birch Park has now been increased in depth and it would be difficult to install a road from Denmark Avenue through the south side of the pond. Councilmembers indicated that they did not have adequate information and Egan moved, Wachter seconded the motion to continue consideration of the application for final plat approval and for award of the bids on the project to allow the staff to work with the developer to review the alternates including the alternative solution for access to Pilot Knob Road from the proposed Pilot Pointe Addition. All members voted in favor. Smith then moved, to reconsider the motion regarding the award of the bids on the project, Egan seconded the motion, all voted in favor. Smith then moved, Wachter seconded the motion to continue the decision on the award of the bids with the understanding that there may be potential changes in the project. Those in favor were Egan, Wachter and Smith; Blomquist voted no. 11 Council Minutes May 21, 1985 NORMAN VOGELPOHL - CONTRACTOR LICENSE At the City Council meeting on May 7, 1985, the contractor's license application on behalf of Vogelpohl Construction was reviewed by the Council. Because a complaint was received by the City, the application was continued and a report from Dale Peterson dated May 10, 1985 recommending approval of the license was brought to the Council. Smith moved, Wachter seconded the motion to approve the application for contractor's license for Vogelpohl Construction. All voted yes. BLACKHAWK PLAZA - PRELIMINARY PLAT The application of Norse Development Company for preliminary plat approval of Blackhawk Plaza consisting of 9 commercial lots on 11.6 acres and conditional use permits for a drive-up bank and a service station in Hillandale No. 1 was next brought to the Council. The Advisory Planning Commission held its public hearing at its meeting on April 23, 1985 including the application for preliminary plat approval and two conditional use permit applications, one for drive-up bank facility and one for service station. The APC recommended approval subject to numerous conditions. Mr. Hedges and Mr. Runkle explained the application and the action of the APC. A large number of neighboring property owners were also present. There was discussion concerning traffic access from Diffley Road and the County has informally indicated that it opposes a break in median for that location. A traffic access study has been prepared by the consultant for the applicant, BRW, and Mr. Wolsfeld of BRW was present. The Comprehensive Plan designates the parcel as Neighborhood Business and Roadside Business and it was noted a variance would be required to allow a 4 story building. The adjacent cemetery has a grave on the applicant's property south of the proposed bank facility and the applicant is pursuing a land exchange with the cemetery association to clear up the situation. Peter Stalland was present for the applicant and stated the 4-story hotel variance would be required, noting that certain potential hotel users had requested 4-story. He reviewed the legal issues and indicated the land was bought by its current owner in 1971 and Commercial zoning was imposed at that time. The west side of Blackhawk Road would provide for a berm with trees and a retaining wall along the north side of the development is planned. County Highway officials have stated they will not allow a break in the median on Diffley Road and Mr. Stalland requested that the City Council adopt a Resolution favoring the break in the median to keep the excess traffic off Blackhawk Road. The access on Blackhawk Road on the north end was of concern to certain councilmembers and Councilman Smith recommended the major access be provided from Diffley Road. City staff also recommended the break in the median at Diffley from a public safety standpoint and to reduce traffic on Blackhawk Road. 12 Council Minutes May 21, 1985 4-y Mary McDevitt, a neighboring resident, stated the developer had promised high berms and 6 foot trees with no buildings visible from her home on the opposite side of Blackhawk Road. She favored moving the access road on Blackhawk south and submitted a Petition signed by 184 residents of the City requesting denial based on the negative impact on the neighborhood and the business community. John King of Kathryn Circle appeared and opposed the project, stating that traffic and safety will be greatly impacted, then cited numerous other reasons recommending denial, including the fact it is an important pick-up point for school buses, that the liquor operations would pose traffic and safety problems, and there would be impact on the other commercial developments in the area. He submitted a study that he had prepared regarding the project. He also mentioned the 1972 zoning history and stated that the early zoning changes should not be strictly adhered to. Steve Haas of Kathryn Circle also appeared and discussed some of the legal issues and stated the developer is responsible for safety issues in the area. He argued that the Neighborhood District zoning is not appropriate because most of the traffic to the project would be from I-35E. Therefore, the RB zoning would be more appropriate and the application should be denied. He further argued for denial based upon environmental issues with the gas station and that the cemetery issue had not been resolved. He recommended a reduction in speed limit from 35 to 20 miles per hour and that no liquor license be granted. An architect neighbor appeared and stated that the project is not well planned and does not reflect the uses around the site, and further that the circulation is inadequate within the site. Mayor Blomquist questioned what the original concept for the site consisted of, and requested the staff to research the issue. There were also questions concerning drainage around the cemetery and it was noted that the plan should not affect drainage on the cemetery site. Councilman Wachter discussed the zoning history, safety issues, and recommended full access from Diffley Road. He stated that it was his opinion that the impact on the cemetery would be negligible and was opposed to two accesses to Blackhawk Road. Mr. Stalland stated the road could be moved to the south and a narrower access on the north for delivery trucks could be installed. Councilman Egan indicated that economic reasons could not be the sole reason to deny and cited errors in certain computations prepared by Mr. King. Councilman Smith stated the main problem is traffic circulation on the north end of the shopping mall, and recommended revisions to the plan for turn- around and for truck access to the rear of the center. Mayor Blomquist mentioned that she did not favor a 4-story hotel and had concerns about proposed signage, including any potential pylon signs. The school bus pick-up location is an issue and access to Diffley Road should be reviewed and determined prior to council action. Councilman Smith suggested a more defined way for access to the hotel and also define the access for delivery trucks to the rear of the strip center. 13 Council Minutes May 21, 1985 Egan moved, Smith seconded the motion to continue the application to the June 4, 1985 regular meeting to allow the staff to prepare a report covering issues requested by the Council, including the following: 1. A service entrance on the north of the project, including a truck access, should be reviewed and revisions proposed. 2. Truck access to the rear of the strip shopping center should also be reviewed more carefully and changes proposed. 3. Staff should study the proposed elimination of the major access to Blackhawk Road. 4. Drainage on the cemetery property should be reviewed. 5. Feasibility of a breach in the median on Diffley Road should be studied more carefully. 6. The children's school bus issue along Blackhawk Road should be reviewed and reported back to the Council. 7. Access to and from the hotel area should be studied by the Developer and the staff. All councilmembers voted yes. SEE PLAT FILE CENTURY ADDITION - SELF-SERVICE CAR WASH The application of Dean Fulmer for a conditional use permit for a self- service car wash and 20 foot variance to allow a 10 foot setback from the rear lot line on Lot 3, Block 1, Century Addition came before the Council. The APC held a public hearing at its April 23, 1985 regular meeting and recommended denial for reasons included in its minutes. Mr. Runkle indicated the primary question was whether a car wash should be deemed as a similar use in a Neighborhood Business District and Councilman Smith stated that he would oppose its being classified a similar use in such a district. Dean Fulmer appeared and argued that his opinion is that it is a neighborhood use and would enhance the existing businesses adjacent to it. He suggested a conditional use with landscaping and indicated that other neighboring owners in the commercial plat had favored the proposal. Councilman Smith moved, Councilman Egan seconded the motion that the City Council deny the application, deeming the self-service car wash not a similar use under the Neighborhood Business District category. Mr. Fulmer reviewed the plan and noted that the noise will be faced away from the residential units to the north. Those in favor were Smith, Blomquist and Smith; against was Wachter. 14 Council Minutes May 21, 1985 SUNSET 7TH ADDITION - PRELIMINARY PLAT The application of Randy Barrows for preliminary plat approval for two single family homes in Sunset 7th Addition next came before the Council. The Planning Commission held its public hearing on April 25, 1985 and recommended approval subject to conditions. The parcel contains 0.8 acres of land located on Yorktown Place and Augusta Lane and Dale Runkle reviewed the application with the Council. The lots conform with the minimum lot requirement. Brad Swenson appeared for the applicant and explained that the property is church- owned property and the intent is to split off the two residential lots on the south end. Egan moved, Blomquist seconded the motion to approve the application, subject to the following conditions: 1. All the standard preliminary plat conditions shall apply. 2. Utility services shall be provided to both lots. 3. The westerly 70.66 feet of the Yorktown Place roadway easement shall be dedicated as public right-of-way on this proposed plat. 4. A 20 foot utility easement shall be dedicated over the existing storm sewer alignment as required. 5. A satisfactory street easement through the property to the east, accessing to Dodd Road shall be acquired. There was concern, however, whether the single family lots would fit in to the development with the church property to the north. Those in favor were Blomquist, Egan and Smith; against was Wachter. SEE PLAT FILE FINISHING EQUIPMENT, INC. - WAIVER OF PLAT The application of Finishing Equipment, Inc. for waiver of plat to split a portion of Lot 5, Block 2, Cedar Industrial Park, was heard by the Council. The Advisory Planning Commission acted at its April 25, 1985 public hearing and recommended approval. Mayor Blomquist withdrew from consideration of the application, noting her. conflict of interest. There were no objections and after explanation by Dale Runkle, Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The waiver shall meet all applicable City ordinances and requirements. 2. The building expansion on parcel "A" shall be limited to 10,027 square feet and adequate parking spaces shall be provided with the addition. All voted in favor except Blomquist who abstained. 15 Council Minutes May 21, 1985 GROUND ROUND - LIQUOR LICENSE - ALBERT BAKER The application of Albert Baker for on-sale liquor license for the proposed Ground Round Restaurant at the Vogy's Restaurant location on Pilot Knob and Yankee Doodle Roads then came to the Council. At the request of the applicant, Wachter moved, Egan seconded the motion to continue the application to the June 4, 1985 regular meeting. All Councilmembers voted affirmatively. ALLSTATE PAVING CO. - TEMPORARY CONCRETE MIXING PLANT - I-35E An application of Allstate Paving Co. for special permit for temporary concrete mixing plant on the east side of I-35E, north of Blackhawk Road, was presented to the Council. Mr. Hedges explained the application and Dale Runkle detailed its location and the conditions that would be imposed upon the applicant. A representative of Allstate Paving was present and stated that virtually all traffic will be on I-35E and there were no objections to the application. The dust control issue was discussed and the representative present stated that certain State statutes would require dust control by the applicant. Wachter moved, Egan seconded the motion to approve the application with the following conditions: 1. The plant shall not operate between 7:00 p.m. and 6:30 a.m. 2. The concrete produced in this facility shall be used only for I-35E construction. 3. The plant shall be removed and the land restored to suitable condition (graded and seeded) by November 15, 1985. 4. A suitable restoration bond shall be required with the bonding amount to be determined by the engineering department. 5. Adequate dust control measures will be taken and the City Council may cancel the permit upon notice to the applicant, if complaints are received by the City. All voted yes. SUN CLIFF 4TH & 5TH ADDITION - CONTRACT #85-4 The bids for the utility and street improvements for Sun Cliff 4th and 5th Additions were submitted to the Council with the low bidder was Spencer Construction for $234,245.00. Smith moved, Wachter seconded the motion to award Contract #85-4 to Spencer Construction on the basis of its low base bid and authorize the Mayor and Clerk to execute all related documents. All members voted yes. 16 Council Minutes May 21, 1985 TOWN CENTRE 70 & 100 - CONTRACT #85-8 The bids for Town Centre 70 and 100 Additions consisting of utility and street improvements were received on May 16, 1985 and the low bid submitted was from Northdale Construction Co. in the amount of $1,721,620.13. There was discussion concerning the fact that the development agreement had not been submitted and there were objections on behalf of Mr. Applebaum's attorney regarding certain provisions in the development agreement. It was also understood that the letter of credit was not submitted by the applicant and therefore, Wachter moved, Egan seconded the motion to continue the issue concerning the award of the bids until the June 4, 1985 regular meeting because the plat has not been approved and the development agreement had not been signed and submitted. All members voted in favor. AMARYLLIS LANE - PARKING SIGN A Petition was received from owners along Amaryllis Lane in Wilderness Run 2nd Addition requesting "No Parking" signs along both sides of the street. Their request concerned safety of children because a large number of cars are parked on the street. Bob Jenkins of 1374 Amaryllis Lane was present and discussed with the Council the problem regarding street parking. After discussion, Smith moved, Wachter seconded the motion to implement a 60-day parking ban on the entire street and that a letter be sent by the staff to all residents explaining the problem with the potential of extending the parking ban in the event of additional parking problems. All voted yes. LUNKA ADDITION Bill Lunka who recently completed the platting of the Lunka Addition on Towerview Road appeared and requested a waiver of the requirement under the development agreement of installing a street light on Towerview Road. The normal requirement is for street light and after noting that there were only two lots involved in the plat, Blomquist moved, Wachter seconded the motion to authorize the elimination of the street light requirement. All voted in favor. LEXINGTON SQUARE 2ND ADDITION - PROJECT #433 The City Council, at its meeting on May 7, 1985 directed the consulting engineer to explore other alternatives to reduce the large deficit posed under the preliminary report regarding Project #433 covering sanitary sewer and storm sewer trunk funds. A report was submitted by the consulting engineer recommending reduction in the size and depth of the southeast sanitary sewer trunk sewer line, resulting in a trunk fund deficit of $308,190.00, as opposed to $392,645.00 originally. The amended feasibility report was discussed and Bob Rosene explained the revisions. A representative of the applicant was present and recommended the Council proceed with the project. Smith moved, Wachter seconded the motion to approve Project #433 based upon a reduction in size and to order in the project and further, to authorize the preparation of the plans and specifications. All Councilmembers voted in favor of the Resolution. 17 Council Minutes May 21, 1985 ELIZABETH WITT - CANDIDATE FOR V.P. OF LEAGUE OF MINNESOTA CITIES A letter from Elizabeth Witt, the Eagan Administrative Assistant, requesting support from the Council for her candidacy for Vice President of the League of Minnesota Cities, was discussed by Council members. Smith moved, Egan seconded the motion to adopt a resolution on behalf of the Council supporting her candidacy as the Vice President of the Minnesota League and encouraging her participation in the League activities. All members voted yes. COPPER & SANDSTONE STREETS - IMPROVEMENTS Rich Hefti brought to the Council a proposal for some minimum corrective measures for the intersection of Copper and Sandstone in Cedar Grove, amounting to approximately $4,850.00 in cost. After discussion, Smith moved, Egan seconded the motion to approve the proposal and direct the staff to proceed with the improvements. Those in favor were Blomquist, Smith and Egan; against was Wachter stating he felt the corrections would not be adequate. WILDERNESS RUN ROAD - SPEED LIMIT SIGNS Mayor Blomquist stated that speed limit signs on Wilderness Run Road had been changed from 30 to 35 miles per hour maximum during recent months. The Council requested a report from the staff concerning changes in speed limits on various streets within the City. CHECKLIST Upon motion by Egan, seconded Wachter, it was resolved that the following checklist be approved dated Ma Z1, 985 in the amount of $3,488.112.40. All voted in favor. & Aplil 30, 1985 for $305,498.26 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40 p.m. All voted yea. PHH Cit clerk 18