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07/07/1987 - City Council Regular 00273 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 7, 1987 A regular meeting of the Eagan City Council was held on Tuesday, July 7, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. In addition, City Administrator Tom-Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Mark Hanson and Bob Rosene, and City Attorney Paul Hauge were present. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as presented. All voted yes. MINUTES June 16, 1987 - Regular Meeting Minutes. The minutes of the regular meeting of June 16, 1987 were approved with the following changes: Page 3, Park Cliff 2nd Addition should be Project #506; page 9, regarding Cedar Grove No. 2, Variance, Smith moved, Egan seconded the motion to continue the application until the next special meeting of the City Council of June 18, 1987. All voted yes; next page 19, Mr. Hedges noted the representatives of the Developers Task Force were present and some had expressed concern that as part of the local access-medium 300-1,000 ADT; page 19, Residential Street Ordinance, the reference to 50 foot right-of-way should be deleted in the second column of the published ordinance; page 21, Lexington Pointe Addition, feasibility report for Project #508, rather than Project #510 for Daniel Drive. Wachter moved, Egan seconded the motion to approve the Minutes as revised. All voted yes. June 9, 1987 - Special Meeting Minutes. Upon motion by Smith, seconded Ellison, it was resolved that the minutes be approved as distributed. All voted in favor. June 18, 1987 - Special City Council Meeting Minutes. Ellison moved, Egan seconded the motion to approve the minutes. All voted yea. 1 `OC 274 REAL ESTATE TAX ABATEMENTS - DAKOTA COUNTY A representative of the Dakota County Assessor's office was present and recommended that the Myron.Stapf property in Lot 6, Block 2, St. Francis Wood 3rd Addition market value be reduced from $104,400.00 to $61,200.00 and assessed value from $29,232.00 to $17,136.00 for 1986 taxes payable in 1987. Wachter moved, Egan seconded the motion to authorize the implementation of the recommendation. All voted yea. ANTHONY JOHNSON - U.S. FENCING CHAMPION Mayor Blomquist presented a plaque to Anthony Johnson who is a resident of Eagan and was recently named the U. S. Fencing Champion for the "under 19" age bracket, and congratulated Mr. Johnson on his victory. VOLUNTEER FIRE DEPARTMENT BUSINESS FIRE STATION NO. 4 - ARCHITECTURAL PLANS Two representatives from Arthur Dickey & Associates, the architects for Fire Station No. 4, were present and presented two alternate sets of plans, indicating that the second alternate would be closer to the cost estimate which would consist of 5,300 square feet, or 2,000 square feet less than Plan No. 1. It was noted that the alternate plan is twice the size of Fire Station No. 3 and the recommendation of the Fire Department and Public Works Committee was to proceed with the alternate plan. Egan moved, Wachter seconded the motion to authorize the architect to prepare plans and specifications and final design for the purpose of preparing bidding specifications for Fire Station No. 4, according to the alternate plan. All voted in favor. Fire Chief Southorn was also present. PUBLIC WORKS DEPARTMENT COMPREHENSIVE SANITARY SEWER & WATER MANAGEMENT PLAN - UPDATE Public Works Director Tom Colbert explained to the City Council that the last comprehensive review and update of the City's Sanitary Sewer and Water Main Distribution Plans was performed during the fall of 1981 with formal approval on March 2, 1982. There have been significant changes in the City since 1981 and he strongly recommended the Council authorize performance of another update of each of the plans. There were questions about the existing systems, noting the sanitary sewer trunk system was about 85% complete. Wachter moved, Egan seconded the motion to authorize the updating of the Comprehensive Water and Sanitary Sewer Master Plan by the consulting engineer. All voted affirmatively. 2 OC275 EAGAN LOGO - SERVICE MARK Councilman Smith stated that he understood that the Eagan logo was currently being used on letterhead by one of the Councilmembers and stated that it was his understanding that the Council had decided that the logo not be used by individual councilmembers except on official City stationery. After discussion, the consensus of the councilmembers was to use the official City letterheads for official City business, including contacts with constituents, and it would not be proper for individuals, councilmembers or employees of the City to use the Eagan Oak Tree logo on any private stationery or other private publication. - CONSENT AGENDA The following consent agenda items were presented to the Council for recommendation and approval: 1. Personnel Items: a. Part-Time Dispatcher - Extra Hours. The Police Department recommended that the City Council approve the funding for 20 additional hours per week for coverage in the Police Dispatch Center. Councilman Smith questioned whether the $4,000.00 is in the current 1987 Police Department Budget and Mr. Hedges indicated it was not, but that there appeared to be a source for the funding. Councilman Smith requested the staff indicate when special requests are being made over budget, whether extra funding is required and the proposed source of the funding. b. MIS Coordinator. It was recommended that Kristi Morast be hired as the City's MIS Coordinator to begin her employment the first week of August, 1987, subject to successful completion of the ` City's physical examination requirement. 2. Trailer Permit Renewals. The 1987 trailer permit renewal applications were submitted and it was recommended that the renewals be approved. 3. Plumber's Permits. A schedule of applications for plumber's permits was submitted to the City Council and it was recommended they be approved as requested. 4. R & B Addition - Storm Sewer - Project #502. It was recommended to the City Council that it receive the feasibility report for Project #502 consisting of storm sewer improvements in the R & B Addition and to schedule a public hearing to be held on August 4, 1987 at 7:00 p.m. at the Eagan Municipal Center. 3 602 76 5. Wyndham Corporate Center Addition - Reapprove Final Plat. On July 15, 1986, the City Council approved the final plat for the Wyndham Corporate Center Addition on the west side of Pilot Knob Road, but the developer did not proceed with the filing of the plat within the sixty (60) day City Ordinance requirement. It was recommended that the application for reapproval of the final plat be approved, subject to compliance with all City requirements. R87-40 6. Sperry Consolidation Facility - Contract #86-17 - Change Order #1. Change Order No. 1 to Contract #86-17 consisting of the Sperry Consolidation facility was submitted and it was recommended to the City Council that it be approved. 7. Hidden Valley - Sanitary Sewer - Project #511. A petition has been submitted for the sanitary sewer improvements for the proposed Hidden Valley Addition and it was recommended the Petition be received and the Council authorize the preparation of the feasibility report and detailed plans and specifications for the project. 8. Cutters Ridge - Utilities - Project #512. A Petition had been submitted by the developer of the proposed Cutters Ridge Addition for utility improvements under Project #512 and it was recommended the Petition be received and that the Council authorize the consulting engineer to prepare a feasibility report and detailed plans and specifications for the project. 9. Parkside Addition - Final Plat. The application from the developer of Parkside Addition for final plat approval was submitted to the City and the staff recommended approval and that the Mayor and City Clerk be authorized to execute the related documents. R87-441 10. Danbury Addition - Final Plat. The final plat application from the developers of Danbury Addition was received by the staff and after review, the staff recommended approval of the application. R87-42 11. Lexington Parkview Addition - Final Plat. An application was submitted by Tri-Land Properties for final plat approval of Lexington Parkview Addition and the staff recommended that the application be approved and the Clerk and Mayor be authorized to execute related documents after the development agreement has been properly signed by all identified owners. R87-43 12. Lexington Pointe Addition - Final Plat. The Council then was presented with the application for final plat approval for Lexington Pointe Addition and it was recommended by the staff that the application be approved and the documents be authorized to be signed, subject to compliance with City requirements. R87-44 4 0C2': 7 13. Rockwood's Woods Addition - Final Plat. The application of the developer of Rockwood's Woods Addition for final plat approval was received by the City and it was recommended to the City Council that it approve the application for final plat approval, and authorize the signature of the related documents. R87-45 14. Investment Custody Agreement. A recent letter from Deloitte, Haskins & Sells was reviewed, that the City had created certain risk from current investment practices and the Director of Finance had responded and recommended to the City that they use First Trust Company as a facility to keep securities for safe- keeping that are owned by the City. A memo from Finance Director/City Clerk VanOverbeke was submitted dated June 30, 1987 recommending the execution of a custody agreement with First Trust. 15. Records Retention Schedule. The Minnesota Department of Administration in conjunction with the League of Minnesota Cities has developed a general records retention schedule for all cities, including a minimum retention period for City records. A Resolution was submitted by the City's Finance Director "adopting general records retention schedule" and recommended approval. R87-45.1 16. Minnesota Police Recruitment System. The City had received a letter from the Minnesota Police Recruitment System stating the current Director is Martin DesLauriers and the alternate is Jay Berthe. It was recommended that the Eagan Chief of Police be appointed Director and the City Administrator as the alternate director to serve as members of the Board directly with the Minnesota Police Recruitment System for Eagan. 17. Brittany 10th Addition - Project #513 - Trunk Water Main. A Petition had been submitted and it was recommended that the Petition be received, authorizing the feasibility report for Brittany 10th Addition, trunk water main under Project #513. 18. Whispering Woods 2nd Addition - Storm Sewer - Project #504. Based upon the Petition from the developer of Whispering Woods 2nd Addition, it was recommended that the Council receive the feasibility report for the storm sewer project and that a public hearing be scheduled at the Eagan Municipal Center at 7:00 p.m. on August 4, 1987. 19. Williams & LaRue Addition - Utilities - Project #450. The final assessment roll for the Williams & LaRue Addition utilities was submitted to the City Council and it was recommended that the roll be received and that the final assessment hearing be held on August 4, 1987 at 7:00 p.m. at the Eagan Municipal Center. 20. Wyndham Corporate Center - Project #464 - Final Assessment Roll. The assessment roll for Project #464 consisting of street and utility improvements in Wyndham Corporate Center was submitted. It was recommended to the City Council that it be received and that the Council schedule the final assessment hearing at 7:00 p.m. at City Hall on August 4, 1987. 5 OC2 8 Wachter moved, Smith seconded the motion to approve all of the foregoing consent agenda. items and authorize the staff and the proper City officials to implement the recommendations. All members voted affirmatively. BRAUN COURT - PROJECT #487 - STREET & STORM SEWER PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding Project #487 consisting of street and storm sewer improvements for Braun Court. Public Works Director Tom Colbert introduced the project and indicated that a preliminary report was presented to the City Council at its January 20, 1987 Council meeting and a hearing was held on February 17, 1987, continued to March 17, 1987 with another continuance at that stage. Meetings have been held with the affected property owners and several were present at the Council meeting. Mark Hanson described the project in some detail and spoke of the revision to the plan to provide for 50% of the storm sewer assessments for each lot and the balance against the drainage area proposed to be assessed. Henry Braun, an affected owner, was present and submitted a letter from his attorney, indicating that he would pay a total of $1,355.00 in assessments. If access were to be required to Pilot Knob Road, then Mr. Braun's property would be required to pay additional assessments. There did not appear to be any objections to the proposed road improvements or the assessments, except Mr. Braun objected to the assessments to the storm sewer running southerly into his low pond area. Other property owners were also present with concerns and Mr. Colbert, explained that easements are required from the affected owners along the street. A question was raised as to whether the Braun property on the north side of the street would be zoned R-1 and Bob Braun, the son of the owner, Mary Braun, was present and stated that a request had been submitted to the City Council for R-1 zoning and preliminary plat approval for single family lots. After extended discussion, Wachter moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of detailed plans and specifications; it was understood that if the storm sewer stub to the south is not installed, that the lateral assessment for street storm sewer improvements will be at a higher rate; further, that an alternate be provided in the authorization for bids for potential elimination of the storm sewer stub to the south. All members voted affirmatively. 6 BRITTANY 10TH ADDITION - PROJECT #496 - STORM SEWER ._An application of Tollefson Development Company for storm sewer improvements under Project #496 in Brittany 10th Addition was submitted and the Mayor convened the public hearing regarding the project. Mark Hanson explained the project and there were no appearances except for Doug Lee, a resident of Brittany 7th Addition, who had questions about the drainage into Pond LP-5. Mr. Colbert noted that LP-5 has an outlet to the north and that the current project would not affect the LP-5 drainage system. The purpose of the project was to allow an outlet to LP-7 and the Mayor directed the staff to provide information to Mr. Lee regarding the level of bounce for Pond LP-5. - Egan moved, Smith seconded the motion to close the public hearing, approve the project and to authorize the consulting engineering firm to prepare the plans and specifications. All members voted yes. EAGANDALE CENTER INDUSTRIAL PARK - PROJECT #480 The public hearing regarding Project #480 consisting of the Eagandale Center Industrial Park street overlay was convened by the Mayor but staff recommended the item be continued until August 4, 1987. Upon motion by Egan, seconded Wachter, it was resolved that the recommendation to continue to August 4, 1987 at 7:00 p.m. be approved. All voted in favor. CHAPEL HILLS BAPTIST CHURCH - PROJECT #499 The next hearing convened by the Mayor consisted of Chapel Hills Baptist Church street and storm sewer improvements under Project #499. The City Attorney recommended that the hearing be continued until the July 21, 1987 meeting to allow proper re-notification. Marcella Schindeldecker, an affected property owner, appeared and objected to the project and the assessment. Wachter moved, Ellison seconded the motion to continue the public hearing until July 21, 1987 at 7:00 p.m. at the Municipal Center. All members voted in favor. TECHNOLOGY CIRCLE - VACATION OF PUBLIC RIGHT-OF-WAY The public hearing regarding the vacation of street right-of-way for Technology Circle was convened by Mayor Blomquist. Mr. Colbert explained the proposed vacation requested by Cray Research and Ed Braman of Braman and Associates was present on behalf of Cray Research recommending approval. There were no objections. Egan moved, Wachter seconded the motion to close the hearing and approve the vacation of the public street right-of-way within the Lone Oak First Addition and authorize the Mayor and City Clerk to execute the necessary documents. All voted yea. 7 00280 POND VIEW ADDITION - RESTAURANT USE CLARIFICATION Mr. Hedges stated that the developer of the Pond View Addition had resubmitted a request to the City that the Council clarify its stand regarding a sit-down restaurant and whether Rocky Rococo Restaurant could be classified as a Class I traditional restaurant. Class I is defined as an eating facility where food is served to a customer and consumed by him while seated at a counter or table, where Class II is generally considered fast food. There were no representatives of the developer or Rocky Rococo present. Councilman Egan questioned whether it is feasible that a Class I restaurant could be included in the development. He was concerned about what percentage of the gross sales would be for sit-down customers. The Mayor recommended that all uses for the development be submitted before approval of the restaurant. Other council members agreed that more specific information is necessary. Egan moved, Wachter seconded the motion indicating the Council is not convinced that the Rocky Rococo Restaurant could be determined to be classified as a Class I restaurant and that prior to final plat approval that the developer present for Council approval, the proposed uses for all parcels in the subdivision, and that such approval be given before the approval of the use for restaurant purposes. All members voted yes. BARBECUE GRILLS IN MULTI-FAMILY BUILDINGS City Administrator Hedges commenced a discussion regarding the use of barbecue grills on decks and balconies in multi-family dwellings within the City. In the wake of the Woodridge fire, the Council had directed the staff to consult with the LMC, State Fire Marshall and the local legislative delegation concerning possible ordinance changes, legislative changes and revisions to the Uniform Building Code regarding the use of barbecue grills in multi-family dwelling units. The packet included several ordinances from other metropolitan area communities and noted that certain problems arise, including whether to preclude the use of charcoal grills on decks of single family units or only wood frame constructed apartment units. Doug Reid, the Fire Marshall and Building Inspector, stated that he had met with Tom Bryce, the State Building Inspector, who was preparing proposed amendments banning barbecue grills in multi-unit buildings with wood decks. The Mayor questioned whether the building code concerning the fire wall provisions building code ought to be revised and Mr. Reid stated that the study is proceeding concerning building code changes. It was suggested monthly updates be given to the City Council concerning revisions and proposed solutions. Councilman 8 OC 2S1 Ellison had a concern about the enforcability of such ordinance requirements, and Councilman Egan stated the City may not have adequate investigative resources. One resident of Eagan was present and requested a copy of any notice concerning safety issues in apartment complexes and recommended the Council require distribution of safety notices among apartment complex dwellers. Another suggestion was that the issue be controlled by apartment owners and Councilman Smith recommended that owners be required to enforce the barbecue ban provisions. No specific action was taken. CENTURY 21 SOUTH COUNTRY - TEMPORARY SIGN - SPECIAL USE PERMITS An application of South Country Century 21 special use permit for two temporary signs at the southeast corner of Highway #13 and Blackhawk Road was submitted to the City Council. Dale Runkle explained the application and Mr. Hedges indicated that no Advisory Planning Commission action is required. Don Klober was present on behalf of the applicant. There was discussion concerning the new sign size and time restrictions and there were questions as to whether the proposed signs ought to comply with those requirements. It was noted, however, that the signs may have been installed before the sign restrictions were imposed and Councilman Smith moved to approve the existing signs for 1987 and 1988 and upon completion of the sale of all units, the sign must be removed or replaced according to the Eagan Sign Policy. There was no second and the motion failed. Ellison then moved, Egan seconded the motion to authorize the approval of the application for the 1987 sign season but that the applicant must then comply for 1988. All members voted yes. ST. FRANCIS WOOD - JAMES SNEDE - VARIANCE An application of James and Cheryl Snede for a 1.5 foot side yard setback to allow for a 3.5 foot setback on Lot 10, Block 1, St. Francis Wood Addition, came to the City Council for its review. Dale Runkle explained that the application was submitted to allow the construction of a third stall onto the present garage. Mr. Colbert indicated that according to City Code, no structure is authorized to be built within the five foot utility easement without first having the necessary portion of the infringement vacated through the public hearing process. A substantial retaining wall would be required. A representative of the applicant was present and there were no objections from the neighboring property owners. Due to the fact that there were no objections by neighboring owners, Wachter moved, 9 0 2 '2 Egan seconded the motion to approve the application, subject to completion of the Eagan utility easement vacation requirement, according to-the staff requirements; further, that prior to the issuance of the permit, that the staff determine the exact setback and variance required. Councilman Smith objected, indicating it was not advisable to allow construction within an easement and no hardship was present. All voted in favor except Smith who voted no. RAHN RIDGE ADDITION - WAIVER OF PLAT The application of B. H. Grace Company for waiver of plat for duplex lot split for Lot 4, Block 2 and Lot-5, Block 1, Rahn Ridge Addition came to the council for consideration. Utilities exist, according to Mr. Runkle, to meet the needs for each individual lot and it was recommended that the application be approved. Ellison moved, Egan seconded the motion to approve the application, subject to compliance with all City requirements. All members voted yea. R87-46 CINNAMON RIDGE 6TH ADDITION - WAIVER OF PLAT The application of Zachman Brothers for twin home lot splits for Lots 10 and 11, Block 1, Cinnamon Ridge 6th Addition on Cinnamon Ridge near Metcalf Drive came next to the council for its review. Dale Runkle briefly explained the application and there being no objection, Egan moved, Wachter seconded the motion to approve the application, subject to compliance with the City ordinance and policy requirements. All members voted yea. R87-47 FEDERAL LAND COMPANY TOWN CENTRE ADDITION - SIGN PERMIT An application of Federal Land Company for sign monuments to be placed at four locations in Town Centre and Eagan Heights Planned Development area was next heard. In addition, Midwest Auto Mall requested a ground sign for the Super America station to be located in the Eagan AutoMall located at 1399 Town Centre Drive. A. Monument Signs. Dale Runkle reviewed with the City Council the current status of the pylon sign agreement between the City and Federal Land Company. He noted the four sign monuments are intended to be no greater than 3 feet in height, with three identical in size and the monument to be located in the southwest intersection of Lexington Avenue and Yankee Doodle Road of a larger size. None would be higher than 7 feet above ground level. Vern Colon was present and there was a question whether the Sign Agreement should be amended. It was noted that the current Sign Agreement for Town Centre and Eagan Heights Commercial Park provided for 25 pylon signs only. Signal Bank owns the lot at Denmark and Yankee Doodle Road and Mr. Colon stated there was concern about the pylon sign location and he further indicated the Signal Bank representatives had no objection to the proposal. 10 Egan moved, Ellison seconded the motion to approve the application for four sign monuments, according to the submission.by the applicant, noting they are not intended to advertise the specific uses for each lot upon which it is located; and further that the pylon Sign Agreement be amended to reflect the changes in the sign permits for the planned developments. All voted in favor except Blomquist who abstained. B. Super America - Ground Sign. The Council then considered the application for ground sign for the Super America station on Town Centre Drive. A representative was present on behalf of Super America and stated that the law requires that prices be indicated for any service station and the logical location was on Town Centre Drive. Smith moved, Egan seconded the motion to approve the application for ground sign, noting the signage needed to display the gas prices, the ground signs would be used for more tenant identification and it's felt that the hardship exists for vehicles traveling on Duckwood Drive and Pilot Knob Road with occupants having a limited view of the store frontage and display of gas prices. All voted yes, except Blomquist who abstained. C. Marquee Sign. An application for a marquee sign for the Firestone store in the Midwest Auto Mall Center was then considered. A representative present explained that the method of conforming to the Eagan City Ordinance would be to require the percentage of coverage be based upon the frontage facade for all units rather than individual units. He also requested additional smaller letters on one of the Firestone sign locations. He further noted that all of the same tenants will be included in comparable centers and that the Midwest Auto Malls, Inc. intends to locate comparable malls throughout the country. Councilman Ellison was opposed and stated that there is excessive signage being proposed. Smith moved, Egan seconded the motion to approve the application for Firestone on the third side, noting it's an anchor tenant of the mall and frontage is on the street side. Those in favor were Egan and Smith; those against were Wachter and Ellison; Blomquist abstained; therefore, the motion failed. Smith then moved, Ellison seconded the motion to allow the small lettering on the existing Firestone sign as requested. All members voted in favor except Blomquist who abstained. YANKEE SQUARE CENTER - FENCE PERMIT The application of Federal Land Company for a permit for a fence between the Amoco Car Care Center and Yankee Square Shopping Center to control parking between the shopping center and Amoco Car Care next was reviewed by the Council. Mr. Runkle indicated there were no cross-easements approved at the time of the Yankee Square Shopping Center or at the time of the Amoco Car Care Center 11 01284 approval. The staff recommended that the issue be brought to the City Council and also suggested to the applicant that a 5 foot setback criteria be implemented which would require concrete curbing and landscaping within that setback. The applicant provided for setback curbing and landscaping and Vern Colon was present on behalf of the applicant. Councilman Wachter was concerned about the storage and traffic movement and Councilman Egan stated that the proposal ran counter to the request of the Federal Land Company that it be allowed to install gas pumps at the east end of the Tom Thumb Market in Yankee Square Shopping Center. He noted that the one-way westerly traffic behind the mall would conflict with the proposed two-way traffic from the gas pump area. Mr. Colon stated that the one-way should start at the southeast corner of the building and that the arrows were in the wrong location on the drawing. The problem, however, was also the movement of traffic behind the shopping center. Councilman Ellison suggested eliminating the 5 foot cyclone fence which would be aesthetically displeasing. Mr. Colbert recommended curbing the island at the southeast corner. Jim Rabus, the operator of the Amoco Car Care Center, was present as was the owner of the Car Care Center. Mr. Rabus was opposed to the fence proposal and stated that Mr. Colon had approved the use of the parking on the Federal Land property at an earlier time. He suggested that if a fence is installed, that it be required to be extended all the way to Federal Drive on the west. Mr. Colon then suggested that he would not proceed for 60 days to allow the Amoco Car Care Center operator to correct, what he termed, the parking problem and if it has not been corrected, he would then proceed with the proposal. No specific action was taken. EAGAN ROYALE ADDITION - REZONING & REVISED PRELIMINARY PLAT The application submitted by Meritor Development Corporation to rezone 46.848 acres from A (Agricultural) to R-1 (Single Family Residential) and for preliminary plat approval of the Eagan Royale Addition, consisting of 72 single family lots next came to the Council. The public hearing was first held by the Advisory Planning Commission April 30, 1987, and later was revised and recommended to be approved by the Commission at its meeting on June 23, 1987 with certain conditions. Mr. Hedges introduced the application and Dale Runkle described the proposal, noting that the plat proposal was consistent with the January 1987 Land Use Plan designating the area as D-I. There would be a 1.1 acre outlot also in the development. Upper bracket income housing is planned, with the lot sizes varying from 15,000 to 69,900 square feet. The 500 foot maximum cul-de-sac length was being complied with and no variances were requested. 12 00285 Five home builders have been selected and Meritor Corporation will retain architectural control. No homeowners association was proposed. Larry Frank appeared for. Meritor and described the attempt to preserve vegetation and trees, with about one-half acre average lot sizes. The access road to the water reservoir will be provided from an interior street and request will be made to vacate the existing easement access to the City water reservoir. Loren Spande, the proposed residential home builder was also present. There were no objections. Wachter moved, Egan seconded the motion to approve the application for rezoning. All voted yea. Egan then moved, Ellison seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. No driveway access shall be allowed onto Safari Pass. 3. This plat shall be subject to the recommendations of the Advisory Parks and Recreation Commission. 4. Downstream storm sewer facilities shall be ordered by Council action prior to final plat approval. 5. The appropriate ponding area easements shall be dedicated on the final plat. 6. The development shall submit an erosion/sediment control plan acceptable to staff. 7. The development shall be responsible for providing storm sewer for the existing drain at the Safari Reservoir site. 8. Trunk sanitary sewer installation shall be ordered by ti Council action prior to final plat approval. 9. All plans and specifications shall be subject to approval by the City staff. 10. The proposed entrance/loop roadway into this site shall be dedicated with a 60 foot right-of-way. The street width within the 60 foot right-of-way shall be a minimum of 32 feet face of curb to face of curb. 11. The proposed cul-de-sac street shall be dedicated with a 50 foot wide right-of-way. A minimum 60 foot radius on the bubble of the cul-de-sac and a minimum street width of 28 feet face of curb to face of curb. 13 12. In addition to common lot line drainage and utility easements, the development shall be responsible for any additional easements required for final approval of plans and specifications. 13. It shall be the responsibility of this development to provide utility service to each individual lot in the proposed development. 14. The development shall be responsible for providing an acceptable access road to the Safari Reservoir site. 15. The development shall be responsible for submitting storm sewer calculations which justify to the staff's satisfaction, and support the fact that there are no outlets provided for the areas designated as ponding areas. All councilmembers voted affirmatively. SEE PLAT FILE DALLAS DEVELOPMENT 2ND ADDITION - PRELIMINARY PLAT & REZONING The application of Dallas Development requesting rezoning of 25.35 acres of Light Industrial use zoning to Mixed Use Planned Development district, including an existing 8.3 acre, 103,000 square foot Silver Bell Plaza office/showroom and preliminary plat approval consisting of 3 lots on 17.05 acres, and conditional use permit for motor fuel sales, came to the Council for its consideration. The Advisory Planning Commission at its meeting on June 23, 1987 considered the applications and recommended approval. In addition, a special use permit for temporary school to be located on the existing Silver Bell facility was considered. The first application was for office building to be used for a private school, which could be converted to office/warehouse. The facility is designed to accommodate 300 children at full capacity. The retail area would include 6,200 square foot restaurant, 2,800 square foot auto center with 4 gas pump islands, and two service bays and 3,100 square foot building. A small portion of the entire development would be retail with the third lot to include office/showroom, covering a 115,850 square foot building. Bernie Frey of Dallas Development was present and stated that the office/showroom building would be comparable to the Silver Bell I Addition. Cross parking easements will be provided and he introduced Frank Martin of Educational Alternatives who described the Tesseract school facility. Three play areas will be provided, according to Mr. Martin and Councilman Ellison asked if normally such a school would not locate in a residential area. Yes, according to Mr. Martin, but the location is closer than other private schools, noting that most of the students would come from south of the Minnesota River. The playground would be fenced and there will be no busing to the facility. The timing is intended to 14 provide for the school to be opened in the Fall of 1987 at a temporary location in Silver Bell I, and the new school is expected to be completed by the end of November, 1987. It is expected that there will be one year construction of the entire development. Smith moved, Ellison seconded the motion to approve the application for Comprehensive Guide amendment as requested, for the following reasons: 1. The location of the property at the intersection of Silver Bell Road and Highway #13 is a very busy intersection with a mixture of Light Industrial and Commercial uses and the proposed commercial uses are compatible with those other commercial uses in the general area. 2. The revision of the zoning and the Comprehensive Guide is from a Light Industrial designation to Commercial and therefore, reducing the density and the nature of the uses. 3. The proposed project is an extensive project consisting of 25.35 acres, including a large 115,850 square foot office/showroom with a much smaller 21,825 square foot retail area, and 20,000 square foot temporary school, convertible to office/warehouse use. 4. The proposed project is compatible with the Silver Bell 1st Addition intended for uses including office/warehouse-type purposes. 5. In conjunction with the Eagan City Policy, there are users for a portion of the project, including the school and the retail- commercial uses. All members voted in favor except Wachter who voted no. Egan moved, Ellison seconded the motion to approve the rezoning to Mixed Use, Planned Development district. All voted in favor except Wachter who voted no, because he stated that it was the intention that the use of the property was for industrial purposes. Egan then moved, Ellison seconded the motion to approve the application for conditional use, with final approval of the location of the gas pumps to be subject to compliance with City ordinances and final approval of the City Council. All voted in favor except Wachter. Smith then moved, Ellison seconded the motion to approve the application for special permit for the school use in Silver Bell I. All members voted yes. Egan moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following conditions: 15 1. All standard platting conditions shall be adhered to. 2. A Planned Development Agreement shall be entered into and the site plan for three lots shall be followed. 3. This plat shall be subject to the Advisory Parks and Recreation Commission for the dedication requirements. 4. An overall architectural theme will be adhered to with emphasis of uniformity in the office/showroom buildings and retail area. All exterior sides of the buildings will be constructed with the same material and look the same. 5. All trash shall be enclosed in the buildings. 6. An overall lighting and landscape plan shall be submitted on a grading plan. No lighting shall spill off-site. The financial guarantee for the landscaping shall not be released until one year after the installation date. 7. All Sign Ordinances and fees shall be adhered to. An overall signage plan shall be submitted with the final plat package. All building-mounted signage shall be consistent in size. Conditional use permits will be required for signs over 7 feet tall. 8. No rooftop mechanical units shall be visible. 9. 10 foot wide parking stalls shall be required in retail areas, and the school parking requirements shall be reviewed and approved by City staff. 10. The uses and ratios of use shall be the same as proposed in this report. 11. Staff recommends against the use of a retaining wall along the easterly property line. There exists a 12 inch sanitary sewer line in the same approximate location as the proposed retaining wall along the easterly property line of the development. 12. The developer shall be responsible for any damages to the existing 12 inch sanitary sewer during development. 13. Staff recommends that the proposed 6 inch internal water main stub which serves buildings A and B be replaced with an 8 inch water main which would connect the proposed water main in Silver Bell Road with the proposed water main in Kennebec Drive. 14. All entrances shall be 30 feet wide face to face at curb and in alignment with the adjacent property entrances. 15. This development shall dedicate a 40 foot half right-of-way for Kennebec Drive. 16 16. The development shall be responsible for dedicating the proper utility easements necessary to serve the site. 17. The development shall also dedicate a 30 foot wide driveway easement along the lot lines common to Lots 1, 2, and 3, Block 2. 18. The development shall be responsible for constructing concrete valley gutters across the entrance locations to this site. 19. The development shall be responsible for obtaining the appropriate regulatory agency permits required. 20. A revised erosion and sediment control plan shall be submitted and approved by staff prior to grading permit issuance and final plat approval. 21. The development shall be responsible for the proposed assessments based on the rates in effect at the time of the final plat approval. 22. The developer shall provide a more perpendicular access from Kennebec onto Silver Bell Road approved by City staff. 23. The developer shall enter into an agreement running with the land, providing that motor fuel sales shall be allowed only as long as the service bays are operational on a regular daily basis. 24. The traffic circulation within the development shall continue in perpetuity as provided in the Planned Development Agreement and its exhibits. SEE PLAT FILE All voted yes except Wachter who voted against. JEAN ADDITION - REZONING & PRELIMINARY PLAT An application of Wayne Murphy was submitted for rezoning of .84 acres from A to R-2, and .72 acres from A to R-1 Single Family, located south of Vienna Woods Addition, north of Interstate 35E. The APC recommended approval. The Land Use Map designates the area as D-I and an amendment would not be required because the density would be 1.92 units per acre. Dale Runkle described the application and Wayne Murphy was present who stated that he does not intend to develop, but intends to sell the property. The adjacent land to the north is D-II. There was considerable discussion concerning whether the proposed R-2 parcel should remain R-1 to be consistent with the adjoining lot, or to be consistent with the land to the north. 17 002 90 Smith moved, Egan seconded the motion to approve the application for rezoning and Councilman Ellison recommended leaving the parcel R-1, according to the Comp Guide. All voted in favor except Ellison who voted against. Smith moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. The duplex lot shall have separate utility services going into each unit. - 3. The duplex setback along Kings Road shall match that of the one on Lot 6, Block 6, Vienna Woods Addition. 4. This plat shall be subject to a cash parks dedication fee. 5. Sanitary sewer and water service must be provided to each lot of the proposed plat. 6. A utility easement for sanitary sewer and water service to proposed Lot 1 shall be dedicated across proposed Lot 2. 7. The proposed plat shall dedicate the proper right-of-way for Kings Road. 8. The development shall be responsible for the additional storm sewer assessment based on the rates in effect at the time of final plat approval and on final plat areas. All voted yes. SEE PLAT FILE PINE RIDGE ADDITION - REZONING & PRELIMINARY PLAT The application of Wendell E. Carlson for rezoning of 2.6 acres from A (Agricultural) to R-1 Single Family, and preliminary plat approval of Pine Ridge Addition consisting of 7 single family lots on the west side of Kolstad Road and south of Crestridge Lane, east of Pilot Knob Road next came to the Council. Mr. Runkle briefly detailed the application and noted the Advisory Planning Commission recommended approval. The question of tree replacement arose at the Planning Commission meeting and the applicants indicated that they will replace all trees that are removed. Representatives of the applicant were present and there were no objections. Egan moved, Wachter seconded the motion to approve the application for rezoning. All voted yes. 18 00291 Egan moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following: 1. All standard platting conditions shall be adhered to. 2. Thirty foot building setbacks along Crestridge Lane shall be maintained. 3. This plat shall be subject to a cash parks dedication fee. 4. The development shall be responsible for providing water and sanitary sewer service to each individual lot. 5. The grading plan for Lot 1 of the proposed Pine Ridge Addition shall be modified to direct all back yard and side yard drainage along the common lot lines and not onto the adjacent cent southerly property. 6. An erosion and sediment control plan including both a site map and a narrative shall be submitted and approved by staff before a grading permit is issued or the final plat is approved. 7. Lot 7 shall take water and sanitary sewer service from Crestridge Lane. 8. This development shall assume its additional assessment obligations. 9. Any relocated pine trees shall be replaced if lost within one year of moving the same. All voted aye. SEE PLAT FILE CHATTERTON PONDS - VARIANCE The application of Van Eeckhout Building Corporation to encroach into an easement at Lot 12, Block 2, Chatterton Ponds was next heard. The owner would be Gene Bangasser. The proposal was to build a deck which would protrude 8 feet into an existing easement and would lie within 2 feet of the existing sanitary sewer line. Mr. Colbert suggested that the vacation of the easement is the issue and the engineering recommendation was against the application for that reason. The Superintendent of the VanEeckhout Building Corporation was present and stated the request is to extend onto the sanitary sewer easement only. After discussion, Councilman Smith moved, Egan seconded the motion to deny the application because the sanitary sewer line would be within two feet of the proposed deck and the possibility of maintenance of the sewer line is greater because of its location along a ponding area, and customarily the Council does not allow obstructions within easements. All members voted in favor. 19 YANKEE SQUARE OFFICE III PROJECT - REFUNDING The application of Federal Land Company to authorize the refunding of the commercial development revenue bond issue approved in 1982 for the Yankee Square Office III project, south of Yankee Doodle Road was next discussed. The refunding would allow the bonds to bear a lower interest rate, which is the economic consideration. A request was made that a public hearing be held on July 21, 1987 at the City Council meeting, and Mr. Hedges introduced the request. Mr. Bartholdi was also present and stated there would be no retirement of principal for an additional 7 years, therefore adding 4 years to the retirement schedule. The only change would be the reduction of interest to about 6 1/2% with $65,000.00 interest savings per year. He further noted that it would not be possible to send out the notice after July 15, rescinding the request. Mike Jeronimus of Briggs & Morgan and Lynn Champfer of Juran & Moody were also present. Councilman Smith stated that he did not have financial information for him and did not want to make a final decision regarding the hearing concerning the application which was, in effect, being requested by Mr. Bartholdi. There was a question of the possibility of the building being sold and Mr. Bartholdi stated that the new owner could assume the bonds. Smith moved, Egan seconded the motion to set the hearing for July 21, 1987 at 7:00 p.m. at the Eagan Municipal Center. All members voted yes. IRRIGATION SYSTEM BIDS The Park Department contract to receive bids and award the contract for irrigation systems in Northview Park and Goat Hill Park was next discussed. Mr. Vraa submitted a memo dated June 22, 1987 addressing the issue of portable as opposed to permanent irrigation systems, and noted the uniformity of an underground irrigation system is the primary advantage. Uniformity, controlling the volume of water and time to irrigate being less, are important issues and he recommended the permanent system in both parks. Smith moved, Wachter seconded the motion to accept the recommendation of the Park Commission and approve the bid award for Northview Park and Goathill Park irrigations systems as recommended. All voted in favor. 20 Ackirl;em BLACKHAWK ROAD - CONTRACT #87-17 It was recommended that the Council approve the plans for Contract #87-17 Blackhawk Road street reconstruction and order the ad for bids, with an opening to be held at 1:30 p.m. on August 3, 1987 at the Municipal Center. Several affected property owners were present and were concerned about the trailway along the west side of the road and the closeness to the existing homes. Mr. Colbert mentioned that the trail on the west side would be a part of the Comprehensive Trail Plan but the trail plan on the east side is not a part of the master plan. There would be some relocation of mail boxes but the planned location was determined to avoid excessive loss of vegetation. A neighborhood meeting had been held and one neighbor present requested the Council review the drawings to minimize the impact on the affected property owners. It was also expected that other utility companies will need more easements and he asked the Council to review further. Sharon Hanson, an affected owner, was also present and asked why only one trail is being proposed to be constructed south of Diffley Road with two north of Diffley. It was noted that there is a shopping center on the north side and therefore the need for an additional trail on the east side of Blackhawk. She requested removing the sidewalk on the west and install an 8 foot trail on the east side. She also had other questions and it was noted that there is no on-street parking to be allowed south of Kathryn Circle, and that there will be a potential parking problem for the cemetery use. She also recommended removing the median to reduce the width of the easement required, but Mr. Colbert recommended retaining the median because of the curvature of the road alignment. In summary, Ms. Hanson recommended the Council help reduce the cost, eliminate the median, provide for cross-walks and install the trail only on the east side. The owner at 4056 Blackhawk stated that he would have an excessively steep driveway and requested review of the proposed plan. Mayor Blomquist moved to continue until the next regular meeting to allow the plans to be reviewed to provide a trailway on the east side only and to review the driveway problems. There was no second and the motion died. Egan then moved, Blomquist seconded the motion to approve the plans for Contract #87-17 and order the advertisement for bid opening to be held at 1:30 p.m. on August 3, 1987 with the following revisions: 1. To provide for removal of the sidewalk on the west side and include cross-walks. 2. To work out satisfactory grades on the two lots on the north end. 3. To save all trees that could potentially be removed where feasible. All members voted in favor. 21 00294 CONTRACT #87-26 - WESCOTT ROAD The plans for Wescott Road surfacing under Contract #87-26 are now complete. Egan moved, Wachter seconded the motion to approve the plans for the project and authorize the advertisement for bid opening to be held at 9:30 a.m. on Friday, July 31, 1987 at the Eagan Municipal Center. All voted yea. WESCOTT ROAD - GRADING &'UTILITIES - CONTRACT #87-15 After recommendation by the staff, upon motion by Wachter, seconded Egan, it was resolved that the bids for Contract #87-15 consisting of grading and utility improvements on Wescott Road be received and that the contract be awarded to Opus Corporation, the low bidder, in the sum of $454,775.50. All councilmembers voted yes. WESCOTT ROAD - CONTRACT 87-15 - EASEMENT The City Attorney's office submitted to the City Council an appraisal from the Charles Govern Trust requesting payment for street easement in the sum of approximately $10,000.00, for its property along Wescott Road. It was noted that the appraisal was prepared by the owner, indicating that it could not grant an easement without compensation due to the complexities of the existing trust. Smith moved, Egan seconded the motion to authorize the easement acquisition for parcel 010-01 in the approximate amount of $10,000.00 for 0.775 acres of street right-of-way under Project #494. All councilmembers voted affirmatively. ti EAGAN HILL FARMS - CONTRACT #87-21 Wachter moved, Egan seconded the motion to approve the plans for Contract #87-21 consisting of trunk utilities in the Eagan Hill Farms Addition and order the Clerk to advertise for bids in the legal newspaper to be opened on July 31, 1987 at City Hall at 9:30 a.m. All members voted yea. HILLS OF STONE BRIDGE - CONTRACT #87-22 Egan moved, Wachter seconded the motion to accept the recommendation of the staff to approve the plans for Contract #87-22 and authorize the bid opening to held at the City Hall on July 31, 1987 at 2:30 p.m. covering the trunk utilities for the Hills of Stone Bridge Addition. All councilmembers voted aye. 22 X295 BRIDLE RIDGE - CONTRACT #87-23 After recommendation by the staff and engineering department, Ellison moved, Wachter seconded the motion to approve the plans as submitted and prepared by the consulting engineer for Contract #87- 23 which cover the trunk utilities for Bridle Ridge Addition and to authorize the advertisement of bids by the City Clerk to be opened on August 3, 1987 at 1:30 p.m. at the Eagan Municipal Center. All voted yes. GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION - 1988 BUDGET Tom Colbert brought to the City Council the proposed 1988 budget for the Gun CLub Lake Watershed Management Organization including the sum of $14,366.30 for the City of Eagan, was submitted and recommended for approval. After review, Egan moved, Ellison seconded the motion to approve the recommendation for Eagan's portion of the 1988 Gun Club Lake WMO budget. All voted yes. ACCESSORY HOUSING - CLARIFICATION - ORDINANCE #43' The City Planner brought to the City Council a request from an owner of a single family residence that it be allowed to establish an accessory housing unit for non-relatives. The question was whether the Council's intent was that accessory housing be provided only for relatives of the owner/occupant and Council indicated that was not intended to be a requirement. Therefore, non-relatives could occupy the accessory housing unit provided the ordinance provisions are complied with. BUILDING BLOCK DAY CARE CENTER COMMERCIAL DEVELOPMENT REVENUE BONDS A request had been submitted by Building Block Day Care Center to be located at Scott Trail and Cliff Road for $600,000.00 commercial development revenue bonds. Mr. Hedges explained the request and indicated that the City policy requires that the issuance of revenue bonds would exclude the cost of land and also certain personal property within the project. A representative was present and stated the non-profit corporation is requesting revenue bonds from several municipalities, indicating the Tax Reform Act of 1986 has changed the rules in favor of such non-profit 501(C)(3). corporations. One hundred children would be proposed for the center and he indicated that the cost of the land was proposed to be financed in addition to $30,000.00 in personal property costs. Mr. Hedges further mentioned to the Council that a variance from the standard proposal requiring that approval of the project be granted 23 00296. prior to setting a hearing on the development bonds was necessary. Smith moved, Egan seconded the motion to authorize the scheduling of the hearing for August 4, 1987 at 7:00 p.m. to consider the issuance of $600,000.00 in Commercial Development Revenue Bonds for the Building Block Day Care Center. All voted yes except Wachter who voted against. INSURANCE RENEWAL FOR CITY COMMENCING JULY 1, 1987 A letter was received from Bruce Medvec of FBS Insurance Agency regarding the status of the City's general liability and worker's compensation insurance renewal for July 1, 1987. The renewal had not been completed and it was recommended that consideration be continued until the July 21, 1987 meeting. No specific action was taken. DAKOTA COUNTY WESTERN COURT FACILITY The City Administrator indicated that Judge George Hoey had contacted him and asked whether the City Council had taken any action regarding encouraging the location of the proposed Court facility in Eagan. He stated that it appeared that the Court facilities would be expanded and the existing facility at Cliff Road may not be adequate for the proposed expansion. No specific action was taken. MINNESOTA SOFT DRINK RECYCLING PROPOSAL City Administrator Tom Hedges reported that Minnesota Soft Drink (MSD) Recycle, a private firm operating recycling facilities in the metropolitan area had informally approached the staff requesting assistance in siting a recycling center in the City. The request was to use the old Town Hall on Pilot Knob Road on a temporary basis for such central recycling purposes. Councilmembers generally were opposed to the use of the Old Town Hall and emphasized the need to begin providing funding for restoration of the building. John Hohenstein was present and answered questions of the City Council members. FIRE STATION NO. 5 Tom Hedges reviewed with the City Council a proposal for the acquisition of a site for Fire Station No. 5, south of Cliff Road along I-35E. No specific action was taken. 24 00.7. WATER QUALITY MANAGEMENT PLAN PREPARATION Public Works Director Tom Colbert stated that as part of the Comprehensive Water Quality Management Plan preparation process, the Council expressed support for the idea of creating a citizen committee to review the current inventory of wetlands and water bodies, prepare a classification system for different types of uses, create a set of standards for each classification system and place each of the wetland and water bodies (300 + or into the newly created system. Mr. Colbert recommended a committee of about 8 to 10 members and stated that 5 applications had been submitted from interested residents, including Scott Merkley, Doug Wilcox, Paul Burns, Richard Ouren and Richard T. Starr.- Smith moved, Egan seconded the motion to approve the appointment of Scott Merkley, Doug Wilcox and Paul Burns with Richard Starr as an alternate on the Committee. All voted in favor. WILLIAM RYDRYCH - ASSESSMENT COMMITTEE - RESIGNATION The resignation of William Rydrych as a member of the Eagan Assessment Committee was submitted. Upon motion by Wachter, seconded Ellison, it was resolved that the resignation be accepted with a thank you to Mr. Rydrych for his service on the committee. All councilmembers voted in favor. NICOLS ROAD - PROJECT #460 Tom Colbert brought to the City Council a proposed Resolution submitted by MnDOT authorizing indemnification of the State of Minnesota under the project, because of the MSA funding. Wachter moved, Egan seconded the motion to approve the Resolution. All members voted yes. R87-48 BRIDLE RIDGE ADDITION Mr. Colbert next explained to the City Council that Rod Hardy from Sienna Corporation, developer of Bridle Ridge, questioned whether the City Council had allowed the reduction in the road right-of-way and roadway width at its meeting on June 18, 1987. Councilmembers indicated that it had not authorized the reduction in the right-of-way and roadway widths. 25 Council Minutes July 7, 1987 DESLAURIERS CONDEMNATION ACTION The-City Attorney reviewed with the City Council the hearing scheduled for July 9, 1987 covering the Carlson and DesLauriers properties on Cliff Road and expressed concerns regarding the size of the request of Mr. and Mrs. DesLauriers for damages for potential flooding of their property, due to the installation of the storm sewer on Cliff Road. No action was taken. SEASONAL MAINTENANCE WORKER The City Administrator explained to members of the City Council that a need to appoint seasonal maintenance workers at this point in the season is occurring because one of the following is happening: 1. Injury (on or off the job) happens to a regular or seasonal worker; 2. A seasonal worker quits or the term of his employment runs out; and/or 3. A worker must report to military service. In most cases, it is difficult to wait up to two or three weeks for official council approval before a worker can begin working for the City. The demand for the services that the worker provides is high. Therefore, the City administrator requested that he be allowed to approve appointments of seasonal maintenance workers only during mid-season so that delays in beginning employment can be minimized. The Council would be informed who had been hired for the seasonal maintenance position. Upon motion by Smith, seconded Egan, with all members voting in favor, the City Administrator was authorized to approve the hiring of seasonal maintenance workers in ,,\L mid-season. All voted in favor. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist dated June 30, 1987 in the amount of $1,194,140.59 and also the checklist dated July 7, 1987 in the amount of $474,869.53. All voted affirmatively. ADJOURNMENT Upon motion by Wachter, seconded Egan, it was resolved that the meeting adjourn at 12:55 a.m. All councilmembers voted yes. PHH Cit Jerk 26