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08/20/1985 - City Council Regular y j . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 20, 1985 A regular meeting of the Eagan City Council was held on Tuesday, August 20, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert, and City Attorney Hauge. AGENDA Smith moved, Wachter seconded the motion to approve the Agenda as presented. All voted in favor. MINUTES August 6, 1985 - Regular Meeting. Upon motion by Wachter, seconded Egan, it was resolved that the Minutes be approved with the following revisions: (a) Page 8, Industrial Development Bond Entitlement Fund Allocation - that the staff would be authorized to contact all cities except Minneapolis; (b) Rahn Ridge Preliminary Plat, Page 9 - revision suggested was No. 2, that the duplex lots be located on the west side of the property in lieu of 3 commercial lots; and (c) Robins Addition, Page 6 - that the Mayor and City Clerk be authorized to execute a Cost Participation Agreement. All members voted in favor. July 23, 1985 - Special Meeting. Upon motion by Egan, seconded Wachter, it was resolved that the Minutes be approved. All voted yes. DAKOTA COUNTY TAX ABATEMENTS A representative from the Dakota County Assessor's office was present and recommended approval of the following tax abatements. a. Gregory Kranz - Parcel No. 10-13500-28-06 - Beacon Hill. Estimated market value to be reduced from $106,100.00 to $88,200.00. b. Donald Donahue - Parcel No. 10-84352-100-01 - Wilderness Run 3rd Addition. Estimated market value to be reduced from $124,600 to $115,700.00. Smith moved, Egan seconded the motion to approve the foregoing abatement reductions. All voted in favor. 1 _ Council Minutes August 20, 1985 CITY COMPOST PROGRAM A report from Ken Vraa, the City Parks and Recreation Director, regarding several alternates for the operation of a compost program for the City had been distributed in the packet and councilmembers discussed the issue with Ken Vraa who was present at the meeting. Mr. Vraa spoke with regard to the advantage to the residents, the City environment, and also the potential for grant money being available. Following discussion, Smith moved, Thomas seconded the motion to approve Alternate No. 1 and authorize the staff to proceed to implement Alternate No. I with the suggestion that several locations be spread through the City as pick-up points for the compost. All councilmembers voted yes. WOODHAVEN ADDITION - BUILDING PERMIT A request from Terry Stover, the developer of Woodhaven Addition, for issuance of a building permit prior to recording the final plat, was submitted. Mr. Stover was present and"it was noted that his stated reason was that the survey of the footings and foundation walls would be completed after the basement is completed. Mr. Colbert noted that the Council has not generally authorized building permits prior to construction, in order to avoid the administrative problem of enforcing the completion of the final plat after a building has been commenced. Smith moved, Egan seconded the motion to deny the request for precedential purposes, noting that in the event the Council authorizes such a permit, that it would be likely to be requested in other instances. Those in favor were Blomquist, Egan, Smith and Thomas; Wachter voted no. CEDAR INDUSTRIAL PARK - TRUNK STORM SEWER - CONTRACT #85-5 Tom Colbert requested of the City Council a Resolution requesting MnDOT Cost Participation under Project #428 covering its proportionate share of the run-off into the City storm sewer system. Upon motion by Thomas, seconded Egan, it was resolved that the Resolution be adopted authorizing a Cost Participation Agreement for Project #428 under City Contract #85-5 and authorize the Mayor and City Clerk to execute all related documents. All Councilmembers voted in favor. R 85-50 COUNTRY CLUB MARKET - PROJECT #449 Public Works Director, Tom Colbert, stated that he had been contacted by Bob Nelson, the Operations Manager of Country Club Markets objecting to Project #449 consisting of proposed improvements adjacent to the Country Club Market in the Cedarvale area. Bob Nelson was present and stated that Country Club would agree to pay up to $3,000.00 for landscaping, but that the City would be responsible for the maintenance, and for guaranteeing the growth or replanting, if necessary. Councilmembers noted that the original agreement by Country Club Market, when the building permit was granted, was that the rear of the Market, along Highway #13, would be screened. It was apparent that the management has not done so, causing a distinct eyesore for a number of years. Several alternates were discussed and Council directed the staff to negotiate with the Country Club Market management to determine whether other alternates may be feasible. No formal action was taken. 2 . Council Minutes August 20, 1985 CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Personnel Items. The following Personnel items were brought before the Council: a. Park Maintenance Worker. A vacancy was created with the resignation of Doug Berans, Park Maintenance worker, and it was recommended that Richard Pelletier be hired to fill the vacancy effective August 26, 1985. b. Planning Intern. The City Planner has recommended that Steven Schwanke be hired as Planning Intern under the normal intern conditions, effective September 3, 1985. 2. Contractor's Licenses. A schedule of applications for contractors for licenses within the City, including plumbing, masonry, cement work, heating and ventilating, homeowners and general contractor, were submitted and recommended that they be approved by the Council. 3. Brittany 9th Addition - Feasibility Report - Project #459. A request for feasibility report had been submitted by Tollefson Builders and it was requested that a feasibility report be prepared for Project #459 consisting of streets and utilities for proposed Brittany 9th Addition. The staff recommended that the Consulting Engineer prepare the feasibility report. 4. Nicols Road - Streets - Feasibility Re ort - Project #460. As a condition of the turn-back of County Road PZ3, Nico s Road it was recommended that the City Council authorize the preparation of a feasibility report that would provide that the County would participate in construction costs in an amount equivalent to the bituminous overlay obligation. 5. Woodhaven Addition - Final Plat. The application of Terry Stover for final plat approval of Woodhaven Addition was submitted and it was recommended that it be approved subject to compliance with all City requirements. R 85-51 6. UPS First Addition - Final Plat. The staff reported that all conditions have now been met by United Parcel Service, Inc. for approval of its application for the final plat of UPS First Addition and recommended that it be approved. R 85-52 7. Meadowlands Addition - Vacation. A request had been received for the vacation of the common lot line drainage and utility easements for Lots 101 through 104, Block 1, Meadowland First Addition. It was recommended that the Council receive the Petition and schedule a public hearing for September 17, 1985 at 7:00 p.m. at City Hall. 8. Cedar Cliff Commercial Park - Contract #84-20. The contractor for Contract #84-20 covering streets and utility improvements for the Cedar Cliff Commercial Park, Spencer Construction, Inc., had requested the fifth and final payment in the amount of $32,924.76. Staff recommended approval and also that the Council accept the improvements for perpetual City maintenance. 3 . Council Minutes August 20, 1985 9. Miscellaneous Projects - Final Assessment Roll. Final assessment rolls have been tabulated and prepared for the following projects: Project # Location Description #348 Coachman/Four Oaks Road Streets #371B South Coachman Road Streets #398 Sun Cliff 2nd Addition Streets & Utilities #399 Silver Bell Road Streets #400 Oak Cliff Addition Trunk Storm Sewer #404 Lexington Place South & Lexington Place 2nd Addition Utilities #410 Lone Oak Road Trunk Storm Sewer #411 Birch Park Addition & Patrick Eagan Park Trunk Storm Sewer #415 Cedar Cliff Commercial Park Streets & Utilities It was recommended that the rolls be received and that public hearings be scheduled at the City Hall at 7:00 p.m. on September 17, 1985. 10. Development Contract Amendments - Miscellaneous Developments. Several developments throughout the City have not met the completion dates for the installation of required public improvements and the developer is requesting extension dates. The staff recommends amendment to the following development contract agreements, to provide for the extension and completion of the public improvements as follows: Agreement Completion Requested Staff's Development Developer Date Ext.Date Recommen. Sunset 4th (84-I) Tri-Land, Inc. 8-1-84 10-30-85 10-1-85 Blackhawk Oaks (84-R) Norse Development 11-18-84 9-15-85 9-15-85 Berkshire Ponds (84-B) Derrick Land Co. 6-15-85 9-15-85 9-15-85 Century Addn. (84-N) Don Klobar 9-1-84 10-1-85 10-1-85 11. Developer Performance Bond - Notices of Default. Certain subdividers have not completed the installation of public improvements within the time frame agreed in the respective development agreements regarding the final plats, and notices have been sent to the parties informing them of the non- compliance. The following developers have not responded and the staff has recommended these developers to be found in default and that they be given formal notice to complete their improvements by the specified date; further, that in the event that the improvements have not been completed by the recommended default date, that the City be authorized to recover against the financial security under each development contract after September 15, 1985 in the event the projects have not been completed to the City's satisfaction, and to authorize the City to proceed to complete the additional necessary construction: 4 Council Minutes August 20, 1985 Agreement Final Date Completion For Development Developer Date Default Crossroads of Eagan (84-V) Dan Gustafson 8-1-85 9-15-85 Park Ridge 2nd Addition Riverdale Development 9-1-84 9-15-85 12. Project #85-14 - Parks Improvement Contract - Change Order #2. It was recommended that Change Order #2 for Contract #85-14 consisting of parks improvement contract with Central Landscaping, Inc. be approved in four sub- parts totaling $13,931.15. Upon motion by Thomas, seconded Wachter, it was resolved that the foregoing consent agenda items be and they hereby are approved and that the City officials be authorized to execute the necessary documents for their implementation. All Councilmembers voted affirmatively. SUN CLIFF 5TH ADDITION - EASEMENT VACATION Mayor Bea Blomquist convened the public hearing regarding the vacation of drainage and utility easements for Lot 14, Block 3, Sun Cliff 5th Addition. Tom Colbert explained the proposed vacation and there were no objections. Smith moved, Wachter seconded the motion to close the public hearing and approve the vacation of the drainage and utility easement for Lot 14, Block 3, Sun Cliff 5th Addition, and authorize the execution of necessary documents. All voted in favor. KNOB HILL PROFESSIONAL PARK - IDB FUNDING Mayor Blomquist convened the public hearing regarding the application of Richard Nordlund for industrial revenue development bond funding in the amount of $400,000.00 for a 7,000 square foot office building in Knob Hill Professional Park. The applicant was not present, and upon motion by Egan, seconded Wachter, it was resolved to continue the application until later in the meeting, until the applicant arrived. All voted yes. WERNER LEMBKE - CONDITIONAL USE PERMIT - LEMBKE 1ST ADDITION The Mayor next convened the public hearing regarding the proposed denial of the conditional use permit for Werner Lembke on Lot 1, Block 1, Lembke 1st Addition. City Administrator Tom Hedges reviewed the background of the conditional use permit and it was noted that the permit was originally issued in July of 1980, and a development contract was entered into regarding the Lembke 1st Addition in April of 1983. Eleven conditions were outlined in the development contract, and also in the original conditional use permit approval, and it was noted that the City has received complaints from neighboring property owners for several years, objecting to non-compliance with the conditions and the fact that the property has been poorly maintained. 5 . Council Minutes August 20, 1985,E Gordon Moosbrugger, attorney, appeared on behalf of Mr. Lembke, and also Mr. Lembke was present. Mr. Moosbrugger noted that the previous Wednesday, he had met with Dale Runkle, the City Planner, on the site and indicated what changes will be implemented in order to comply with the City requirements. He mentioned that the agreement did not specifically identify the areas for the asphalting or the crushed rock, etc. Grade 5 gravel is currently on the site, according to Mr. Moosbrugger, and Mr. Lembke now has a bid for asphalt and crushed lime rock in the sum of $5,765.00 but wants to acquire two additional bids. The conditional use for the outside storage has been violated, according to neighboring owners and City staff, including trailers on the premises that are not currently licensed. Mr. Moosbrugger stated that Mr. Lembke is in the process of acquiring updated licenses for some of the trailers and that some landscaping was installed by the end of June, 1985. He requested a continuance until the next meeting to allow the owner to return with the signed Contract to provide for completion of all the City requirements. Dale Runkle commented on his findings and indicated very few changes had taken place since July 10, but that a "general clean up of materials had been accomplished. He noted the latest license on any of the trailers on the site was 1978. Mr. Moosbrugger requested that the landscape bond be returned to the owner and the City staff recommended that the bond currently posted be forfeited. There is a truck chassis on the property and debris around the house which, according to Mr. Moosbrugger, would be cleared out shortly. Councilmembers discussed at some length the fact that Mr. Lembke has not complied with the City's requirements under the conditional use permit and development contract and that he was fully aware of the meetings, including the June and July, 1985 Council meetings at which times the Council met to discuss the issue. After lengthy discussion, Smith moved, Wachter seconded the motion to authorize the staff and City attorney to proceed to commence criminal prosecution for non-compliance under the City Code and State Statutes, in that the conditional use permit requirements had not been complied with, and further, to commence injunctive relief for a temporary and a permanent restraining order to prohibit Mr.Lembke from operating the business without compliance with the City's conditions for reasons stated above and the following: 1. Mr. Lembke has refused, even though given adequate notice, to comply with the conditions imposed by the City Council at the time of issuance of the conditional use permit in 1980, and the approval of the Lembke 1st Addition final plat in 1983. 2. There have been numerous complaints from neighboring property owners and other residents in the area objecting to the nuisance created by Mr. Lembke on the site, including the debris on the site, unlicensed trailers, truck chassis and other unsightly objects. 3. Mr. Lembke has continuously refused to keep the equipment on the site in a neat and orderly fashion, according to the agreement that was reached with the City for the grant of the conditional use permit and approval of the plat. 6 Council Minutes . August 20, 1985 4. Mr. Lembke has been given adequate time to correct the deficiencies and has failed and refused to do so. 5. The City Council hereby declares that the $2,000.00 Certificate of Deposit posted to guarantee landscaping as part of the conditional use permit, be and it hereby is forfeited. 6. Mr. Lembke indicated at the City Council meeting on June 18, 1985 that he would bring all the issues into compliance within two months but has failed to do so. All councilmembers voted in favor. UPS BUILDING PERMIT On July 16, 1985, the Council reviewed a request from Paul Addison, representing UPS, requesting the issuance of a building permit for the UPS facility prior to the final plat approval being completed. The Council authorized the issuance of the permit for 30 days to August 15, to allow UPS to complete the final plat application process. Based upon the previous Council action approving the final plat application, the staff recommended the building permit be granted. Upon motion by Smith, seconded Thomas, it was resolved that the application for temporary building permit be approved until September _17, 1985, with the understanding that proof of the recording of the final plat will then be completed and that the application will be returned to the City Council only if the staff determines that the recording is not completed, but if the recording has taken place, the building permit will then be granted effective September 17, 1985. All councilmembers voted affirmatively. KNOB HILL PROFESSIONAL PARK - IDB FUNDING The hearing regarding the application of Richard Nordlund for industrial development bond funding for a 7,000 square foot office building in Knob Hill Professional Park in the sum of $400,000.00 was reconvened by the Mayor. Richard Nordlund was now present and the Council reviewed the application. Tom Hedges restated the City Council's policy provided for a minimum $500,000.00 issue for funding. Councilman Egan argued for continuing with the policy, including the minimum cost provision and indicated that he was concerned that any deviations will open the door to similar requests. Mr. Nordlund requested the deviation from the general policy because smaller lots are provided within the Knob Hill subdivision. He noted that revisions have taken place in federal law excluding health clubs and restaurants under certain circumstances and Mayor Blomquist recommended that the City Council review the guidelines for IDB issuance. Smith moved, Egan seconded the motion to deny the application, based upon the policy of the City, including the reasons cited above, and further to close the hearing. Those in favor were Smith and Egan; those against were Blomquist, Wachter and Thomas. Thomas then moved, Wachter seconded the motion to approve the application for IDB funding with the understanding that the approval is an exception to the policy, noting that the entitlement period will soon be expiring and further, that the application will not be a precedent. Those in favor were Wachter, Blomquist and Thomas; those against were Egan and Smith. 7 . Council Minutes August 20, 1985 IDB ENTITLEMENT FUNDING At the last regular City Council meeting, a status report was given regarding industrial development revenue bond entitlement funding for the City of Eagan, noting the 1985 entitlement was $10,012,399.00. One application for $400,000.00 has been approved, leaving a balance of $9,612,399.00. Mr. Hedges stated that a letter was received on the day of the meeting for a potential request of $1.2 million restaurant and requested the Council reserve the funding. Larry Lee was also present and discussed two proposals for IDB funding. The City of Roseville has requested up to $4.9 million in funding, and Willmar $2,250,000.00. Mr. Lee requested the Council set aside $1.2 million for a speculation industrial warehouse building on the site south of the new UPS building. There were questions as to whether there should be a minimum rental requirement to fulfill the guidelines. In addition, Mr. Lee appeared on behalf of Alpha Environment, which is a proposed project in Mendota Heights at Lexington Avenue and Highway #110, adjacent to Gould Company property. He stated that the City of Mendota Heights adopted the preliminary resolution for $6.4 million in IDB funding and has $3,160,000.00 available. He therefore requested that the Eagan City Council authorize Mendota Heights $3,260,000.00 from the Eagan entitlement. Egan moved, Wachter seconded the motion to reserve the following funding: a. $400,000.00 for the Richard Nordlund project. b. $1.2 million for the proposed restaurant building. c. $3,260,000.00 for the proposed project in Mendota Heights, based upon its being a neighbor to the City of Eagan, and the project would be within the general Northern Dakota County area. d. The balance shall be divided amongst the applicant Cities on a priority basis, and in the event entitlement is not used, then to be turned over to the State of Minnesota pool. e. Further, that other cities to which entitlement may be transferred, shall pay the costs incurred by the City of Eagan in processing the transfers of the entitlement funding. All councilmembers voted in favor. BATTERED WOMEN'S HOME - CONDITIONAL USE PERMIT- The application of the Community Action Council to allow a shelter for battered women on part of Lot 1, Block 1, Cedar Ridge 1st Addition, on the west side of Nicols Road, was next brought to the Council. Dale Runkle reviewed the proposal and noted that the Advisory Planning Commission recommended approval at its July 23, 1985 meeting, subject to conditions. 8 _ Council Minutes August 20, 1985 Frank Brennan, Mary Ajax and Bob Burrough, architect, appeared on behalf of the applicant. Mr. Burrough made a presentation indicating there would be 26 parking spaces on 2.18 acres, noting there will be a residential flavor in the architecture, special security alarms and locks for the doors and windows and is designed to house up to 20 adults and 10 children. After reviewing the application, Wachter moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. A detailed landscape plan shall be submitted and approved by City staff prior to occupancy of the facility. 2. All other city ordinances shall be adhered to. All councilmembers voted in favor. FLOUR BIN ADDITION - PYLON SIGN PERMIT The application of Flour Bin International for conditional use permit for pylon sign for the Flour Bin International Restaurant located on Lot 1, Block 1, Flour Bin International First Addition at the southeast corner of Cliff Road and Nicols Road, came to the Council. Dale Runkle explained the application briefly and noted the Advisory Planning Commission recommended approval at its July 23, 1985 regular meeting. He stated that the application meets the criteria of the ordinance and there being no objections, Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The square footage of the sign shall not exceed the footage shown on Exhibit "A" of just over 80 square feet of sign area. 2. Only the pylon sign for Flour Bin shall be approved with this conditional use permit. 3. All other setback requirements and ordinances shall be adhered to. All voted yes. SPANDE 7TH ADDITION - PRELIMINARY PLAT The application of Roy Spande for preliminary plat approval of Spande 7th' Addition consisting of 3.4 acres and intended to contain 4 single family lots on Highview Avenue, east of Trunk Highway #13 was next brought before the Council. It was noted that the property is the former Fred Post property with one existing home to be rehabilitated. There was a question as to how much should be required from the subdivision to upgrade the streets -to present City standards. Roy Spande was present and it was noted there had been concerns about drainage by certain neighboring owners at the Advisory Planning Commission meeting. 9 . Council Minutes August 20, 1985 Mr. Spande indicated that the developer would dedicate the necessary easements but was concerned about the amount of the assessments and the requirements resulting from the platting with approximately $25,000.00 in estimated assessments. He suggested several alternates, including leaving the property as one single lot or authorizing only Lots 3 and 4 to be platted which would avoid a portion of the assessments. He suggested only two lots and outlot for the balance, including the existing residence, and that all easements would be dedicated to the City. After discussion, Thomas moved, Wachter seconded the motion to approve the application to provide for the platting of lots 3 and 4 only, with lots 1 and 2 as one single platted lot, with the assessments levied only against the newly created lots 3 and 4, with the understanding that assessments will be imposed on the remaining parcel when the land is subdivided, and further subject to the following conditions:. 1. Buyers purchasing the newly created lot shall be made aware by the developer of air traffic noise, and the developer shall provide proper insulation in the construction of new dwellings. 2. The plat shall be subject to the Park Commission's review and comment for park dedication. 3. All standard plat conditions shall be adhered to. 4. Sanitary sewer and water services shall be constructed into each lot. 5. A 30 foot half right-of-way shall be dedicated on the final plat for both Bridgeview Terrace and Highview Avenue. 6. A 30 foot drainage utility easement along the southerly boundary of the proposed development shall be dedicated to provide for future trunk storm sewer line. 7. This development shall be responsible for trunk area storm sewer and street reconstruction assessments at the rates in effect at the time of final platting. 8. All applicable standard engineering conditions shall be adhered to. 9. When platted, the west lot line of proposed Lot 2 shall be moved 5 feet to the east to keep the garage in compliance with City Code. All members voted in favor. SEE PLAT FILE 10 Council Minutes August 20, 1985 r1. ti% WYNDHAM CORPORATE CENTER - REZONING & PRELIMINARY PLAT The application of Trammell Crow Company for rezoning of Wyndham Corporate Center consisting of 21 acres to a Planned Development and a preliminary plat containing one lot and one outlot was next considered by the City Council. The Advisory Planning Commission, at its meeting on July 23, 1985, recommended approval to the City Council, subject to certain conditions. Dale Runkle detailed the application for the City Council and mentioned that the hotel is proposed to include 158 parking spaces for the 134 unit garden hotel and the 98 seat restaurant. The ordinance requires 200 parking spaces but there is an area specified for additional parking if the City requires. The Advisory Planning Commission recommended 10 foot by 20 foot parking spaces for the hotel. Robert Hoffman, attorney, appeared as did Ken Anderson of Barton, Ashman, and Gary O'Brien of Trammell Crow on behalf of the applicant. Mr. Hoffman described the proposed garden court hotel and indicated the applicant will provide proof of parking, it will extend the sanitary sewer to the south and if oversizing is required, recommended' that the over-sizing not be part of the cost of the development. It was also proposed that the traffic through the motel not be permitted to move to the south and that there only be one access to the hotel lot. Mr. Hoffman recommended the parking spaces be permitted to be reduced in size, noting that the hotel design does not promote the normal turn-over as do other hotels. This also would permit additional landscaping if 10 feet width is not required. Councilmembers questioned the advisability of a small retail center and stated that originally the developer proposed a retail shop in the proposed hotel in Eagan Woods Addition. The Mayor generally was opposed to small retail centers and also was concerned about the possibility of a pylon sign request within the development. Mr. O'Brien stated that no pylon signs will be requested for the entire development. Staff members expressed concerns about accesses to the office buildings and Mr. Colbert stated he generally is in favor of more than one access to office buildings, and recommended circulation around office buildings, but noted that further consideration of the office proposals will be made at a later time. Smith moved, Egan seconded the motion to recommend approval of the application for rezoning, subject to the following: 1. A planned development agreement shall be entered into for the overall planned development, as submitted with the planning report dated July 16,- 1985. This development agreement shall be for a period of 5 years unless appropriate extensions have been applied for and approved by the City Council. 2. The planned development for the property to the north shall be amended to provide that the space designated for a hotel or office building shall be designated for an office building and the designation for a hotel shall be removed. All councilmembers voted in favor, except Blomquist who voted no, stating that the balance of the development was not detailed adequately at the present time. 11 Council Minutes h;: . nJ? August 20, 1985 Thomas then moved, Wachter seconded the motion to approve the application for preliminary plat to contain hotel and office building on the property, subject to the following conditions: 1. An architectural design shall be established by the developer and reviewed by City staff in order that all of the buildings will have a common architectural theme. 2. Acoustical treatment shall be provided within the building in order to minimize any noise impacts along with the site from planes overhead, 1-494, or Pilot Knob Road. 3. A general grading plan and overall landscape plan shall be prepared and submitted and the detailed plans submitted with each phase of the development for review and approval by City staff. 4. The planned development shall be reviewed by the Eagan Parks Commission with regard to park dedication for this development proposal. 5. Standard preliminary plat conditions shall be applicable. 6. The detailed landscape plan shall be reviewed and compared with the general theme of the landscaping for the planned development. 7. Each parking space shall be 10 feet by 20 feet in size. 8. This development shall be responsible for obtaining all necessary permits for the sanitary sewer extension. 9. The 12-inch watermain for Eagan Woods Boulevard shall be extended southerly from the entrance road through the radius located at the southeast corner of Lot 1, Block 1. 10. A 60-foot right-of-way shall be dedicated for the southerly extension of Eagan Woods Boulevard. 11. This development shall be responsible for trunk area watermain and storm sewer assessments for Lot 1, Block 1, at the rates in effect at the time of final platting. 12. All costs associated with public improvement construction for this development shall be the responsibility of the development. 13. No parking shall be allowed on the internal access road of Eagan Woods Boulevard. 14. The entrance road shall be a minimum width of 36 feet. 15. Sanitary sewer improvements shall be adequate to handle the property to the south of the proposed development. 16. A variance shall be allowed from the 200 parking spaces required by code to allow 158 spaces with the condition that parking shall be reviewed by staff within one year and additional parking spaces shall be provided by the owner, if required by the City. 12 Council Minutes August 20, 1985 0. F;. 17. The developer shall provide a proof of parking exhibit to indicate the location of possible additional parking spaces and the parking shall be reviewed within one year with the understanding that the City Council may require additional spaces if determined necessary, within its discretion. All voted in favor except Blomquist who voted no. SEE PLAT FILE WEDGWOOD 2ND ADDITION - PRELIMINARY PLAT The application of Tri-Land Properties and Jim Curry for preliminary plat approval of Wedgwood 2nd Addition, consisting of Outlot C, Wedgwood 1st Addition, came before the Council. The Planning Commission, at its meeting on July 23, 1985, recommended approval of the application with certain conditions and that all lots meet the R-1 zoning standards. The Advisory Parks and Recreation Commission has reviewed the application and noted the preliminary plat is part of the Lexington South planned development, and therefore park land dedication has previously been cothpleted. The 10 acre parcel containing 22 single family lots would provide for gross density of 2.2 dwelling units per acre and net density of 2.5 to 2.7 units per acre. At the request of the developer, Egan moved, Wachter seconded the motion to continue the application until the September 3, 1985 regular meeting. All members voted in favor. SEE PLAT FILE LeMAY LAKE HILLS - REZONING & PRELIMINARY PLAT The application of Al Kempf to rezone approximately 31.69 acres from A (Agricultural) to PD (Planned Development) and for preliminary plat approval to divide the parcel into 8 single family lots and 5 multiple dwelling lots, for a total of 40 multiple dwelling units on 5 lots, was presented to the Council. Dale Runkle explained the application and noted that one of the important issues at the Advisory Planning Commission was the access road to Towerview Road, and also he gave an explanation of the Shoreland Ordinance applicability. He mentioned the DNR had reviewed the parcel and determined that a 44 unit capacity could be provided, but could be up to 48 units if the Martin Shields home is included in the density. It was recommended that no docks be allowed along the shore line. Mr. Colbert reviewed the Towerview Road access concerns and noted that if the access is closer to Pilot Knob Road, it would create a 10% to 12% grade and recommended moving the access farther to the east and tie in as closely as possible to the Quarry Lane intersection. He recommended a compromise location so as not to affect the homeowners to the south any more than necessary. There was discussion concerning the retaining wall along Pilot Knob Road and it was recommended that a screening barrier be established where the difference in elevation will not resolve the oncoming headlight problem on Pilot Knob Road. 13 Council Minutes August 20, 1985 Ed Reid, a neighboring owner, was present and had certain objections. Greg Hollenkamp, the architect for the applicant, was present as well as Al Kempf. Mr. Hollenkamp mentioned that.the grades could be raised enough to stay within the 7% grade at the intersection of Towerview Road, and further mentioned that a neighborhood meeting had been held and that the developer could access at any point along Towerview Road. It is proposed that the townhouse units be rental units and that the configuration be changed with 6 lots abutting Towerview Road. After lengthy discussion, Smith moved, Wachter seconded the motion to continue the application until the September 3, 1985 meeting to allow the staff, the developer and the neighbors to review the proposed revisions and to submit the recommendations to the City Council for final decision, indicating the number of lots proposed along the south line. All voted yes. There were members of the audience that were opposed to the trail around the lake. SEE PLAT FILE SUN CLIFF THIRD ADDITION - PRELIMINARY PLAT The application of Robert Carlson and Patrick Hoffman for preliminary plat approval of Sun Cliff Third Addition, consisting of 13.5 acres, containing 5 duplex lots and four 12-unit multiple buildings came to the Council. Dale Runkle explained to the Council the application and noted that the Advisory Planning Commission, recommended approval at its July 23, 1985 meeting. The applicant had agreed to upgrade the roadway, providing a 28 foot roadway width, which would allow some on-street parking and better access. An important issue was access to Blackhawk Road at the Advisory Planning Commission. The park land dedication has been completed as part of the Eagan Hills PUD. Bob Carlson, Pat Hoffman and Greg Hoffman, were present as well as Chuck Winden, the surveyor for the project. They displayed the concept for the condo units, which are similar to townhomes without any common areas. Jay Tscherne, a neighboring owner on the east side of Blackhawk Road, had concerns about access to Blackhawk Road and stated that it was his opinion that the access was too close to the intersection with Diffley Road. Mr. Colbert stated that there would not be further road accesses to Blackhawk Road, but the two lots would access because of the gas line easement location. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The park dedication requirements of the Eagan Hills West Planned Development Agreement shall be current prior to the approval of the final plat. 2. The smaller-sized double bungalow lots (Lots 1 through 5 of Block 1) shall be approved through the Planned Development with the understanding that no setback variances shall be granted and the normal setback requirements of the R-2 District shall be observed. 3. The proposed four-stall garage shall be designed of the same exterior material as the multiple dwelling buildings. 4. A detailed landscape plan shall be submitted for the double bungalow lots and the multiple dwelling lots prior to approval of the final plat. 14 Council Minutes August 20, 1985 cmmi'^~~ 1 , 5. The preliminary plat shall be approved by the Dakota County Plat Committee prior to the approval of the final plat. 6. All of the provisions of the Eagan Hills West Planned Development Agreement shall be in compliance prior to the approval orf the final plat. 7. Sidewalks shall be provided as required by the City Council. 8. A landscaped area/berm shall be provided where the private driveway parallels County Road #30 to avoid disturbing neighbors with headlights, and a landscape plan providing for such a berm shall be reviewed and approved by City staff prior to final plat approval. 9. The developer shall furnish the City with the necessary easements and/or permanent right-of-entry document for the maintenance of utilities that cross the Northern Natural Gas pipeline. 10. A detailed grading, drainage" and erosion and sediment control plan shall be submitted to the City for review and approval by City staff. 11. The developer shall dedicate the necessary utility and drainage easements as required by the City staff. 12. The developer shall dedicate the necessary utility and drainage easement for Pond AP-7 to encompass the required area below the 893.9 elevation in accordance with the City's Comprehensive Storm Sewer plan. 13. All costs for internal utilities and streets shall be the sole responsibility of this development. 14. The developer shall meet the applicable requirements of the Standard Engineering Conditions. 15. The developer shall submit to the City staff for review and approval planned profiles of the utilities and streets. 16. The private streets for this development shall be constructed to a minimum of 28 feet wide. 17. City staff shall determine if the City made a commitment to residents concerning no access on Blackhawk Road, and if so a determination should be' made as to whether the commitment should be honored. 18. Homeowner's Association documents shall be submitted for review and approval by City staff prior to final plat approval. 19. Eagan Hills West Planned Development shall be amended at the Sun Cliff Third Addition area to be in conformity with Sun Cliff Third Addition and density not used by Sun Cliff Third Addition shall not be shifted to other parts of the Planned Development. All Councilmembers voted yes. SEE PLAT FILE 15 Council Minutes August 20, 1985 1 1 HONG WONG RESTAURANT - WINE & BEER LICENSE The application of Linda Wong requesting a beer and wine license for the proposed Hong Wong Restaurant at the Cedar Cliff Shopping Center was presented to the Council for consideration. The Police Department has reviewed the application and there were no objections. Ms. Wong was present and Wachter moved, Egan seconded the motion to approve the application, subject to compliance with necessary City requirements. All voted in favor. FOREST RIDGE ADDITION - FINAL RESOLUTION/HOUSING BONDS A letter of transmittal, copies of the preliminary statement and final resolutions have been received by the City and reviewed by the City staff regarding the final resolution for the Forest Ridge housing bond project. The project is located north of Duckwood Drive adjacent to the future alignment of Denmark Drive and would consist of 252 multi-family units. Representatives of the applicant were present and there were no objections to the application. Egan moved, Wachter seconded the motion to approve the final resolution for the Forest Ridge Addition bonds in the amount of $10,960,000.00, subject to compliance with all necessary State and City requirements. All Councilmembers voted in favor. LaFONDA DE ACEBO - LIQUOR LICENSE Mr. Hedges stated that the City was notified that Mr. James Geoglerius had been terminated as the in-state resident manager for the LaFonda Restaurant and after notice to the owners, Richard Spear, a resident of Bloomington, who is now the resident manager, has submitted an application for approval by the Council for that position. There was no appearance by the applicant but staff recommended approval. Egan moved, Thomas seconded the motion to approve the liquor license to LaFonda Restaurant with Richard Spears as the in-state manager. All members voted yes. CEDAR INDUSTRIAL PARK - CONTRACT #85-5 On Friday, August 9, 1985, sealed bids were publicly opened for the construction of the trunk storm sewer through the Cedar Industrial Park area along with street improvements for Blackhawk Road. Tom Colbert reviewed the bids with the Council and it was noted that the City has received objections from the apparent second low bidder, Barbarossa & Sons, and the third low bidder, L & G Rehbein regarding certain administrative errors in the low bidder's bid, namely ARI Contracting. There have been negotiations with the attorneys for and representatives of each of the contractors.- It was further noted that all easements have not been acquired by the City from the property owners. Several alternates were discussed, including rejecting all bids and ordering the readvertisement of bids, the award to ARI considering the errors being minor technical errors that are obvious errors, or awarding the contract to the second low bidder, based upon an alleged claim that the errors go 'to the essence of the bid, and therefore the low bidder is not the lowest 16 Council Minutes August 20, 1985 responsible bidder. There was considerable discussion, and Bob Huber, the attorney for ARI was present. The City Public Works Director recommended approval of the alternate bid also. After extended discussion, Blomquist moved, Thomas seconded the motion to approve the low bid of ARI Contracting, with a total base bid of $874,192.40 and the alternate bid of $23,000.00 for the reasons including the following: 1. That time is of the essence for the commencement and completion of the contract during 1985. 2. That the irregularities are only technical defects and were obvious errors and therefore do not affect the substance of the bid. 3. That the low responsible bidder is ARI Contracting. 4. That the provisions of the bid information and contract would clearly indicate that the errors were only procedural and the extensions or summations control for purposes of determining tht base bid. 5. That the Council should waive the irregularities and informalities and proceed with the award of the contract to the lowest responsible bidder. All councilmembers voted in favor. LEXINGTON SQUARE 2ND ADDITION - CONTRACT #85-20 The bids for Lexington Square 2nd Addition consisting of Contract #85-20, trunk storm and sanitary sewer were opened on August 13, 1985. The low bidder on the project was Enebak Construction, Inc. in the sum of $418,267.25 and it was recommended that the low bid be approved and the contract be awarded. Thomas moved, Wachter seconded the motion, and all members voted in favor to award the contract to Enebak Construction Company based upon its low bid. BRITTANY 9TH ADDITION - EXCAVATION PERMIT The application of Tollefson Builders for excavation and grading permit for the proposed Brittany 9th Addition, incorporating approximately 10 acres was considered by the Council. After discussion, Thomas moved, Egan seconded the motion to continue the application until the September 3, 1985 meeting.' All members voted yes. CEDAR CLIFF COMMERCIAL PARK Steve Darling, a neighboring resident of the Cedar Cliff Commercial Park appeared and had objections concerning non-compliance with the conditions of the commercial plat, including lack of sod on the berm, weeds, and also that certain trees are dying along the berm, separating the residential area to the north. It was noted that Jim Durning had recommended that additional work. be done later in the fall of 1985, according to Dale Runkle. The staff was requested to continue to monitor the requirements imposed upon the development. 17 Council Minutes August 20, 1985 SURPLUS BRICK Egan moved, Wachter seconded the motion to declare the excess brick from the City Hall as Excess property. All members voted yes-. EAGAN FALL CLEAN-UP & RECYCLING DAY There was discussion by the City Council concerning the designation of a day during the fall of 1985 as a clean-up and recycling day for the City. The staff was requested to determine a specific date and to publicize it in the local news media. Blomquist moved, Wachter seconded the motion to direct the staff to determine such a date. All voted in favor. BLACKHAWK ROAD - TRUNK HIGHWAY #13 - TRAFFIC SIGNALS A letter has been received from the MnDOT District #9 Traffic Engineer concerning his investigation regarding the City's request for traffic signals at the intersection of Blackhawk Road and Trunk Highway #13. The staff was directed to forward the additional information to Kermit McRae at District #9. GOAT HILL & RIDGECLIFF PARKS - ATHLETIC FIELD LIGHTING Plans and specifications have been prepared for athletic field lighting bids for Goat Hill and Ridgecliff Parks developments, under Contract #85-23. Smith moved, Egan seconded the motion to approve the recommendation of the Park and Recreation Committee. All voted in favor. DECLARATION OF SURPLUS PROPERTY Two Kelly-Creswell line stripers, formerly used for striping athletic fields have been determined excess property. Upon motion by Blomquist, seconded Wachter, it was resolved that the recommendation of the staff to approve the two stripers as surplus property be approved. All voted yes. STAR CITY SIGNING The Eagan Economic Development Commission had proposed the installation of Star City signs at the Interstate and freeway entrances to the City. The recommendation was to install three 30" by 120" interstate highway compatible Star City signs, at a cost of $1,012.00, and in addition, six signs at a cost of $426.00 on State Highways. Thomas moved, Smith seconded the motion to authorize the purchase of all signs to be installed on the State Interstate highways in the City as designated. All voted yes. 18 Council Minutes August 20, 1985 - PIP STATE AID STREETS - CAPITAL IMPROVEMENT PLAN UPDATE Public Works Director Tom Colbert submitted an update of the approved 1982 five-year construction program for Municipal State Aid Streets. Smith moved, Blomquist seconded the motion to approve the five-year construction program submitted by staff. All voted in favor. GOPHER SMELTING - ASSESSMENT APPEAL A proposed settlement of the Gopher Smelting storm sewer assessment appeal scheduled for trial in the Dakota County District Court was submitted in the form of a letter from Assistant City Attorney Brad Smith, to the Council. Tom Colbert and Paul Hauge described the proposed settlement with the Council, providing for a total of $63,000.00 in assessments. Upon motion by Egan, seconded Wachter, it was resolved that the Council approve the recommended settlement under Project #381 and authorize the City officials to enter into a Stipulation of Settlement concerning the assessments. All Councilmembers voted yes. PINE RIDGE DRIVE - GROUP W CABLE CONTRACT #85-23 Tom Colbert recommended advertising for bids for Contract #85-23 based upon the plans and specifications that have been submitted to the Council. Upon motion by Smith, seconded Wachter, it was resolved that the City Clerk be authorized to advertise for bids to be opened on September 13, 1985 at 9:00 a.m. at the Eagan Municipal Center, with the understanding that the Developers of the proposed Splashland project be contacted to determine whether an agreement can be worked out regarding the proposed assessments before proceeding with the project. All members voted in favor. SENECA WASTE WATER TREATMENT PLANT The City staff and councilmembers have received complaints concerning odor emanating from the Seneca Waste Water Treatment Plant, operated by the Metropolitan Waste Control Commission, and noted that these complaints have continued for a number of years. It was recommended that the City Administrator forward letters to Sandra Gardebring, the Chairperson of the Metropolitan Council, and also Peter Meintsma, the Chairman of the Metropolitan Waste Control Commission, regarding the complaints, requesting' that action be taken to correct them. CHECKLIST Upon motion by Thomas, seconded Wachter, it was resolved that the following checklist dated July 25 in the amount of $ 8,557.92 be approved. All voted yes. July 31 466,553.20 August 20 1,271,603.96 19 Council Minutes August 20, 1985 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40 a.m. All councilmembers voted yes. ° PHH Cit Jerk 20