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04/07/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 7, 1987 A regular meeting of the Eagan City Council was held on Tuesday, April 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 Engineer Bob Rosene, and City Attorney Paul Hauge were present. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as presented. All voted in favor. MINUTES Wachter moved, Ellison seconded the motion to approve the minutes of the regular meeting of the City Council of March 17, 1987 with the exception on page 20 regarding Danbury Place Addition, all members voted in favor of the application for preliminary plat approval except Ellison who voted no, noting that lots were below the standard lot minimum requirements. DAKOTA COUNTY TAX ABATEMENTS Mr. Peterson of the Dakota County Assessor's office was present and recommended approval of the abatement of real estate taxes for the Raas property, Parcel No. 1020-02 with estimated market reduced from $110,800.00 to $91,600.00 and assessed valuation from $24,524.00 to $19,148.00 for 1986 taxes, payable in 1987; and the Dee property, Parcel 010-01 with market value reduced from $106,300.00 to $76,500.00 and assessed value reduced from $26,514.00 to $18,170.00 for 1986 taxes, payable in 1987. Egan moved, Smith seconded the motion to approve the abatements as recommended. All voted in favor. ADVISORY PARK & RECREATION DEPARTMENT 1. Highview Park Skating Rink. City Administrator Tom Hedges reviewed with the City Council a recommendation of the Park and Recreation Commission that the City abandon continued maintenance of the hockey building and shelter building at Highview Park and maintain the area as an open skating area only. Smith moved, Egan seconded the motion to authorize the removal of the hockey boards, but that the skating house be left for up to two years, in case there is demand for its use by the neighboring residents. All members voted yea. 1 Council Minutes April 7, 1987 2. Mowing Equipment. Bids have been received in conjunction with the City of Burnsville for mowing equipment, according to Ken Vraa, the Park Director who was present, and a recommendation was made by the Park Department that the Toro equipment with a total cost of $29,249.00 be purchased by the City. It was noted that the John Deere bid was $27,979.00 in the detailed report from Mr. Vraa dated March 31, 1987. Reasons for accepting the higher bid were given including the lack of compatibility with the existing Toro City-owned equipment, and the need to inventory spare parts for John Deere if the award was approved. Egan moved, Ellison seconded the motion to approve the recommendation of the Park Department and award the contract for the Toro equipment at $29,249.00, based upon the reasons in the memorandum and those given at the City Council meeting. All voted in favor except Wachter who indicated that he felt that the John Deere was a superior product. POLICE DEPARTMENT Chief Jay Berthe was present. The traffic accident report that was submitted by the Police Department concerning the more heavily traveled intersection of the City was discussed. No specific action was taken. FIRE DEPARTMENT - FIRE STATIONS NO. 4 AND NO. 5 The City Administrator introduced the general topic regarding the proposed acquisition of land for fire stations No. 4 and No. 5, the construction of the fire stations and equipment for each of the stations. He stated that the date for a bond referendum and the questions to be presented at the bond referendum were two issues for decision by the City Council. Fire Chief Ken Southorn presented the background of the proposed bond issue for one or two fire stations and Mary Hustad of Arthur Dickey & Associates Architects, also made a presentation. Ms. Hustad described in detail the proposed building which is somewhat similar to Station No. 3 on Pilot Knob Road. Mr. Southorn then reviewed the estimated costs and the amount of the bond referendum proposed. Councilmembers indicated it was important not to confuse the voters, especially with the land only for Station No. 5 in the first proposed question. Councilman Ellison favored only one question to avoid confusion and possible misunderstanding in the minds of the electorate. Councilman Wachter stated that each location is equally important and favored the referendum to cover acquisition and construction of both sites. Councilman Egan noted it was easier to educate the public on one question than two. 2 Council Minutes April 7, 1987 - r There was also considerable discussion concerning refurbishing and furnishings, including equipment in each of the locations. After extended discussion, Smith moved, Wachter seconded the motion to schedule a bond referendum for the acquisition of land and construction of Stations No. 4 and No. 5, together with equipment and furnishings, as proposed, with the understanding that refurbishing and the furnishings, including equipment will be reviewed prior to final approval of the questions to be presented; further, that the bond issue will cover a period of 15 years, with a total estimated cost of $1,880,000.00. All members voted in favor. Wachter moved, Egan seconded the motion to schedule May 28, 1987 as the bond referendum date for the fire hall referendum. All members voted yes. CONSENT AGENDA The following consent agenda items were presented and recom- mended for approval: 1. Personnel Items: a. Engineering Technician. It was recommended that Gordon Stauff be hired as an Engineering Technician, subject to successful completion of the City's physical examination requirement. b. Engineering Intern/Technician Assistant. A recommenda- tion was made that Catherine Muewissen be hired for a temporary six- month internship in the City of Eagan engineering department. c. Municipal Center Receptionist (2 positions). A recom- mendation was made that Enda Asleson and Denice Muccio Grout be hired as receptionists in the Municipal Center, subject to success- ful completion of the City's physical examination requirement. d. Part-time Police Dispatcher. It was recommended that Marlene Adam be transferred to a part-time police dispatcher posi- tion. e. Police Records Technician. It was recommended that the Council approve the advertising of the vacancy for the records tech- nician being vacated by Marlene Adam in the Police Department. f. Maintenance Facility - Secretary. The staff recommended the hiring of Nancy Bailey as the maintenance facility secretary, subject to the physical exam requirement fulfillment. g. Seasonal Park Maintenance Worker. Dave Wills was recommended to be hired as a temporary seasonal park maintenance worker. 3 Council Minutes April 7, 1987 - -IR h. Utility Maintenance Worker. Robert Zwiener was recommended to be hired by the City as a utility maintenance worker, subject to physical examination requirements. 2. Plumber Licenses. A schedule of applicants for plumber's licenses in the City was submitted and recommended to be approved. 3. LaFonda's Restaurant - Manager. The application from Randy Paul Ringsby as the new manager of LaFonda's Restaurant for purposes of issuance of a liquor license for LaFonda's was submitted and recommended to be approved. Chief Berthe was requested to acquire all additional application information from the applicant. 4. Resolution - Regarding Commercial Recycling. A Resolution allowing businesses to take advantage of private sector recyclers able to provide office paper and corrugated cardboard recycling was submitted and recommended to be approved. R 87-12 5. Norwest 2nd Addition - Easement Vacation. A Petition was received from the property owner of Lot 1, Block 1, Norwest 2nd Addition to vacate the existing drainage and utility easement for the existing sanitary sewer service to the bank facility, at the northeast corner of Yankee Doodle Road and Pilot Knob Road. It was recommended that the Petition be received and that a public hearing be scheduled for May 5, 1987 at 7:00 p.m. at the Municipal Center. 6. Fairway Hills - Final Plat. It was recommended that the Council approve the final plat of Fairway Hills and authorize the Mayor and City Clerk to execute the related documents. R 87-13 7. Chapel Hill Baptist Church - Project #499. It was recommended to the Council that it receive the petition for Project #499 consisting of the Chapel Hill Baptist Church utility improvements and authorize the preparation of the feasibility report and the plans and specifications. 8. Briar Oaks of Apple Valley - Project #500. A petition had been received requesting installation of trunk sanitary sewer facilities to service the Briar Hills of Apple Valley Addition, to provide for a sewer extension across property adjacent to Apple Valley in the City of Eagan. The recommendation was made that the petition for Project #500 be received and the consulting engineer be authorized to prepare a feasibility report. 9. Eagandale Center Industrial Park 8th Addition - Project #501. The recommendation was made to receive the petition for Project #501 consisting of watermain improvements in Eagandale Center Industrial Park 8th Addition and authorize the preparation of a feasibility report and plans and-specifications by the consulting engineering firm. 4 Council Minutes April 7, 1987 - 10. Lexington Square 6th Addition - Final Plat. The final plat application for Lexington Square 6th Addition was presented and it was recommended that it be approved, subject to compliance with all city requirements. R 87-14 11. Burr Oak Hills Addition - Final Plat. The final plat application submitted by Keith Harstad for approval of Burr Oak Hills Addition was brought before the Council. It was noted that not all conditions had been complied with, including the dedication of park land, which will be required prior to release of the final plat. Mr. Colbert stated that only a portion of Burr Oak Hills was being final platted at the present time. There is no time frame regarding the completion of the other phases. It was recommended that the final plat application be approved, subject to compliance with all City requirements. R 87-15 12. MnDOT Speed Study Authorization - Resolution. A Resolution with several streets within the City requiring speed limit designations was submitted and the staff engineering department recommended the Council approve the resolution requesting MnDOT perform a speed study for speed limit designations of miscellaneous streets within the City, including a portion of Denmark Avenue, Town Centre Drive, Ashbury Road, Lone Oak Parkway and Northwest Parkway. Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items and authorize the staff and the appropriate officials to complete all required documentation. All councilmembers voted affirmatively. R 87-16 BLACKHAWK PLAZA - CONDITIONAL USE PERMIT The application of Blackhawk Plaza, Inc./Steve Ramsey for conditional use permit to allow gas pumps in a Neighborhood Business district, and for the separation of pumps and service bays came to the Council. The Advisory Planning Commission recommended denial of the application. Mr. Hedges introduced the application and noted the letter had been sent to neighboring property owners indicating that the City Attorney and City Administrator recommended a con- tinuance to study certain issues in more depth, the objections of the neighbors, and also a detailed legal memorandum submitted by Peter Stalland to the City, several days prior to the Council meeting. City Attorney Paul Hauge explained that a number of technical issues were raised by Mr. Stalland in his letter and that because Tom Thumb is intended to be the tenant to utilize the gas pumps, that the City_ should be in a defensive posture to avoid a successful challenge of its final decision. He noted objections regarding landscaping, berming, lighting and also that a change in the location of the gas station from the preliminary plat was also now being proposed with the conditional use permit application. 5 Council Minutes April 7, 1987 Councilman Wachter was concerned about the area along Blackhawk Road being a sensitive area, the berming being cut down, landscaping less and the fact that the gas pumps were separated from the proposed service bays and that the location of the gas pumps along Blackhawk Road was an undesirable setting. Mayor Blomquist cited the landscaping concerns of the neighboring property owners and suggested a continuance. Austin McDevitt of 4165 Blackhawk Road had questions about the change of the plans, and also the safety problems that may arise from having a gas station along Blackhawk Road. He also questioned whether the lighting would be directed away from the residential area. John Wells, a neighboring property owner raised issues regarding,the lighting and landscaping to be installed prior to construction and recommended that the berms be put in before further construction takes place. He presented pictures of the neighborhood showing the building under construction and its potential impact on the neighboring residents. Peter Stalland made a presentation on behalf of the applicant and stated that the applicant will comply with all requirements of the City and that the plans will be carried out as originally presented. His position was that the applicant is entitled to approval of the conditional use permit and that the applicant will provide for indirect lighting. He further indicated that at least 10,000 square feet of the property has been leased, and all ordinance requirements will be fulfilled. Councilman Smith noted the deviations from the preliminary plat approval for the gas station site and recommended that an additional meeting be held with the neighbors to determine whether there are any issues that are not being complied with, he further pointed out a very serious change in the development plan and recommended a delay in the Council's consideration. Marty Rosales, a neighboring owner, raised questions about the gas pumps originally oriented toward County Road #30 rather than along Blackhawk Road. The distance of the gas pumps and gas tanks from the residential homes was also a concern. Sharon Hanson, an owner on Blackhawk Road, appeared and had questions about the width of the berming when Blackhawk Road is widened and suggested determining that before further action was taken by the Council. Council Ellison asked why the gas pumps were relocated and Mr. Stalland stated the demand for gas service has changed since the original approval and upon question, answered that he did not expect the landlord could find a tenant for a gas station along County Road #30. Mr. Stalland requested a City Attorney's opinion on the legality of the application. 6 Council Minutes April 7, 1987 Wachter moved, Smith seconded the motion, based upon the foregoing discussion and the reasons described above, to continue consideration of the application until the next regular meeting; further, that the staff study the issues that have developed and the City Attorney be further directed to investigate the technical issues, including the Development Agreement. All voted in favor. REFUNDING - GENERAL OBLIGATION & WATER REVENUE BONDS The City Administrator discussed with the City Council members the proposed refunding of certain general obligation and water revenue bonds of the City. The Director of Finance and City Administrator had met with representatives of Miller & Schroeder and recommended, based upon information received to date, that the Council continue indefinitely consideration of the refunding. Smith moved, Ellison seconded the motion to accept the recommendation. All voted yea. SUPER AMERICA - VARIANCE FOR CANOPY The application of Super America, Inc. for a 17 foot canopy setback variance on Pilot Knob Road and Yankee Doodle Road came to the Council. The canopy, considered a building structure, has a 50 foot setback requirement and a 33 foot setback along Pilot Knob Road is proposed. The canopy would cover the proposed gas pump pylon with 5 pumps and the parking/drive lane setback would not be affected by the request. Mr. Runkle indicated the proposal of Super America is that they would substantially increase the perimeter landscaping in return for the variance. It was noted the asphalt is already in and Smith moved, Egan seconded the motion to approve the recommendation, noting that the additional landscaping will be important to the site and that it be subject to a striped "no parking" area to allow an uninterrupted drive isle, according to the plan. All voted yea. Bob Johnson, attorney, and other representatives of Super America were present. RAHN RIDGE ADDITION - VARIANCE - LOT 6, BLOCK 3 An application of Calvin Hedlund and Steven Johnson requesting a 2 foot variance on Parcel B and 5 foot variance on Parcel A for duplex family homes located on Lot 6, Block 3, Rahn Ridge Addition was brought to the Council. Mr. Runkle explained that the building department had contacted the developers, indicating that they were encroaching on the setback and noted that the initial construction plans for the property called for a deck for both parcels, whereas 7 Council Minutes April 7, 1987 the owners have converted decks into three season porches, requiring variances from the setbacks. Councilman Egan stated that there were several alternates, including shaving the corners, tearing down the encroachments or approving the request and keeping a record of the occurrence. Mr. Hedlund was present on behalf of the applicant. Smith moved, Ellison seconded the motion to approve the application, with the understanding that a record will be kept by the City concerning such violations, and noted that the structures have already been constructed. Those in favor were Ellison, Egan and Smith; those against were Blomquist and Wachter. Mr. Wachter stated that he voted against because the builder should be more observant. CEDAR GROVE 2ND ADDITION - EDWARD GALLAGHER LOT 16, BLOCK 5 - VARIANCE An application from Edward L. Gallagher for 9 foot front setback variance for front entry and attached garage for a single family home located on Lot 16, Block 5, Cedar Grove 2nd Addition was brought to the Council for its review. Dale Runkle introduced the application briefly and the applicant was present. There were no objections and Wachter moved, Egan seconded the motion to approve the application, noting the hardship involved. All voted affirmatively. GREENSBORO FIRST ADDITION - MICHAEL MARXER LOT 1, BLOCK 1 - VARIANCE An application was submitted by Michael Marxer requesting a 4.35 foot building setback variance along Wescott Road in the Greensboro First Addition for Lot 1, Block 1. The lot has front yard setbacks on two streets, 50 feet along Wescott and 30 feet along Greensboro Drive would be required according to ordinance. There were no objections and Smith moved, Egan seconded the motion to approve the application, subject to compliance with all other city requirements. All members voted yea. SUN CLIFF 3RD ADDITION - LOT 5, BLOCK 1 - WAIVER OF PLAT An application was submitted by Advance Developers for waiver of plat to allow a duplex lot split on Lot 5, Block 1, Sun Cliff 3rd Addition. The proposal was to split 3 duplex lots for individual ownership, including Lot 5, Block 1, and Lot 4, Block 1. There being no objections, Wachter moved, Egan seconded the motion to approve the application. All voted yes. R 87-17 8 Council Minutes - April 7, 1987 COLDWELL BANKER - SPECIAL PERMIT - DIRECTIONAL SIGN An application of Coldwell Banker to allow two 4 foot by 8 foot directional signs, located adjacent to Cliff Road directly across from Ches Mar Drive was brought to the Council. Mr. Hedges indicated that at the March 31, 1987 special council workshop session, direction was given that no additional advertising signs will be allowed, and further, that existing advertising signs will be phased out during the following two years. After discussion, Egan moved, Ellison seconded the motion to deny the application, noting the present policy. There was no appearance by the applicant. All members voted in favor. CLEARVIEW ADDITION - JAMES UNKER - WAIVER OF PLAT An application of Mr. and Mrs. James Unker for waiver of plat to split Lot 10, Block 3, Clearview Addition into two separate one-half acre parcels next came to the Council for its review. The Advisory Planning Commission recommended approval of the lot with certain modifications. Dale Runkle described the application and stated that he understood the engineering issues had been resolved. Mr. Colbert recommended the trunk area storm sewer assessment be levied and that sanitary sewer and water services be installed to the lot line of the newly created lot. Mr. Unker agreed with the storm sewer assessment and attorney Brad Smith was present on behalf of the Unkers, stating that the applicant was uncertain as to where the house would be located and preferred to install the services at a later time but would allow permission to bring the sewer and water under Cliff Road to the lot line. He discussed conditions 6, 7, 9, and 10 and stated they were agreeable with the soil condition investigation report. Mr. Colbert was concerned about future sale of the lot without notice to a new property owner and possibility of a requirement of an easement from the Gil Amundsons to the west. Councilman Wachter suggested an easement be required through the Amundson property on the west, and there was also discussion concerning the need for grading. Mr. Unker stated that he would grant the necessary easement and would also be willing to do the fill at the present time. Smith moved, Egan seconded the motion to approve the application for waiver of plat, under the following conditions: 1. All applicable Code requirements shall be adhered to. 9 Council Minutes April 7, 1987 2. Any further divisions of Lot 10 will require a replatting process. 3. This waiver shall be subject to a parks dedication fee. 4. Either a permanent and/or construction easement shall be obtained, if necessary, from Lot 9, or a county utility permit shall be obtained to allow construction of the required water service for the newly created lot. 5. A sanitary sewer service easement shall be dedicated over the southeast portion of Lot 10 as required to provide sanitary sewer service to the newly created parcel (west half). 6. A drainage and utility easement shall be dedicated and a storm sewer outlet shall be constructed from the existing low drainage basin on the west side of Lot 10 to the Woodgate Pond (BP- 22) to the north, or in the alternative, the property shall be filled and graded as a condition of approval, according to the grading plan acceptable to the City to provide natural storm water drainage into the pond to the north. 7. A restrictive access control easement shall be dedicated to Dakota County across the entire frontage of Lot 10 with the exception of the existing driveway access location, with the allowed access to be up to 20 feet wide, subject to County approval. 8. A cross easement shall be provided and approved by City staff allowing common use of the existing driveway for both newly created parcels. 9. Minimum floor elevation of the new home shall be established at 940.0, if a gravity line is installed. In the alternative, if a pumped line is installed, there shall be no minimum floor elevation. The sanitary sewer service construction shall be properly insulated. 10. A soil investigation report shall be prepared verifying adequate soils to accommodate a new building site,, prior to construction. 11. This development shall be responsible for any outstanding, unlevied or deferred assessments or other financial obligations associated with this development at the rates in effect at the time of final approval. 12. Sanitary sewer and water services shall be installed to the lot line of the newly created lot as a condition of approval. All members voted yes. R 87-18 10 Council Minutes April 7, 1987 - OVERVIEW 2ND ADDITION - PRELIMINARY PLAT The application of Dunn Real Estate for preliminary plat approval of Overview 2nd Addition consisting of an 0.98 acre lot located on the west side of Dodd Road, north of Golden Meadow Road in the Overview Addition came to the Council. Mr. Hedges explained the request of the neighboring property owners that the lot be acquired for park purposes and noted that the Park Committee was not in favor of its being used for park land, but had requested a park trail in the general location. Ed Dunn was present for the applicant. Egan moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. All standard plat conditions shall be adhered to. 2. Driveway access onto Dodd Road shall be allowed. 3. Appropriate common side and rear lot line easements shall be dedicated for Dodd Road. 4. A 50 foot half right-of-way shall be dedicated for Dodd Road. 5. This lot shall be subject to a parks dedication fee. 6. All final assessment obligations will be calculated based on the final quantities contained in the final plat and in accordance with the rates in effect at the time of final plat approval. 7. The drainage in the area shall be reviewed and resolved prior to final plat approval. 8. The park and trail concerns of the Park Committee shall be also be resolved prior to final plat approval. Several neighboring owners were present with concerns particularly about drainage problems over an adjacent lot. All voted in favor. SEE PLAT FILE FLOUR BIN 1ST ADDITION - CONDITIONAL USE PERMIT An application by Madison Pizza for conditional use permit for drive-through facility, pylon sign and beer sales, located on Lot 2, Block 1, Flour Bin 1st Addition on Cliff Road came to the Council. The intended use is a Rocky Rococo Pizza Restaurant and it was noted that the Advisory Planning Commission recommended approval at its meeting on March 24, 1987. Dale Runkle reviewed the application and noted the application for the - sign is 293 square feet but recommended 125 square feet maximum. 11 Council Minutes April 7, 1987 The Planning Commission recommended removal of some of the curbing for better circulation but did recommend approval of the 280 foot sign spacing. Egan moved, Wachter seconded the motion to approve the application for conditional use permit application for 3.2 beer and also for the drive-through restaurant, subject to conditions that a revised landscape plan be submitted prior to building permit inspection, the financial guarantee shall be included and not released until one year from the installation date, and landscaping and fence shall be installed at the present time. All voted yes. A neighboring property owner to the south was present and had concerns about people walking on their property and recommended the fence be installed. Staff was further requested to contact the Flour Bin owners concerning the complaints and to attempt to persuade them to install a fence dividing the Flour Bin and the property to the south. Dan Rooney, the Rocky Rococo real estate manager, was present. Egan moved, Ellison seconded the motion to approve the application for conditional use permit for sign including a maximum 125 square feet area, with 27 foot maximum height and 10 feet from the property line with the understanding that not less than 280 foot spacing would be permitted because of the lot spacing. All voted in favor. KILLDEER ADDITION - WAIVER OF PLAT The application of Joyce and Rueben Meissner for waiver of plat to split Lot 4, Block 1, Killdeer Addition for separate ownership was brought to the Council. The division would create two parcels, including Parcel A of 42,830 square foot and Parcel B of 16,650 square foot parcel. There is currently a single family home on Parcel B. Dale Runkle provided information and the applicants were present. Wachter moved, Egan seconded the motion to approve the application, noting the Advisory Planning Commission recommended approval at its meeting on March 24, 1987, subject to the following conditions: 1. All applicable code requirements shall be adhered to. 2. A soil investigation report shall be prepared to verify existing soil conditions prior to construction on Parcel A. 3. Prior to approval of the waiver of plat, adequate storm sewer shall be constructed. Storm sewer construction shall be subject to approval by MnDOT as well as the City of Eagan. 12 Council Minutes April 7, 1987 4. Sanitary sewer and service easements shall be provided across Parcel A to serve Parcel B. 5. The developer of Parcel A shall submit an approved grading, drainage and erosion control plan prior to improvement. 6. Restricted access control shall be dedicated across the entire frontage of Lots 4 and 5. 7. A 50 foot by 50 foot driveway easement shall be provided for access off S.T.H. #149. 8. Prior to the approval of the waiver of plat, the existing driveway which serves the two existing houses shall be upgraded to a 28 foot wide bituminous roadway with concrete curb and gutter. 9. The existing common driveway opening shall be upgraded to a 32 foot wide entrance with 30 feet radii. 10. Appropriate drainage and utility easements shall be provided to accommodate future storm sewer. 11. All NB building and parking setbacks shall be maintained for Parcel A when developed. 12. The developer shall be responsible for obtaining a 15 foot driveway easement from the owner of Lot 5 to the south. All voted affirmatively. R 87-19 WESCOTT SCHOOL SITE - REZONING & PRELIMINARY PLAT The application for rezoning of the Mueller School Site, ISD #196 consisting of 28.43 acres to Public Facilities, Comprehensive Guide Plan Amendment and preliminary plat approval for an4elementary school and city park, located on Wescott Road was brought to the Council for its review. Dale Runkle noted the Advisory Planning Commission had recommended approval, subject to conditions and there were no objections to the application. The City will enter into a joint usage agreement to develop the 28.43 acre parcel with Independent School District #196. The City will own 10 acres and ISD #196 will own 18.43 acres. A land exchange between developers of Sunrise Hills and the School District will provide more athletic field area in exchange for needed single family lot. Egan moved, Wachter seconded the motion to approve the application for rezoning and comprehensive guide plan revision. All voted yes. Egan moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following conditions: 13 Council Minutes April 7, 1987 1_7t I"! 1. All standards plat conditions shall apply. 2. All land swaps between the City and School District shall be completed prior to final plat. 3. All necessary ponding easements shall be provided to the HWL as outlined in the City's Report. 4. Utility easements necessary to extend storm sewers from the proposed Sunrise Hills and Woodlands Addition shall be provided. 5. The required permit from the DNR shall be secured prior to construction on Pond JP-32. 6. Storm sewer constructed across the Williams Pipeline shall be coordinated with Williams Pipeline Company. 7. This development shall dedicate a 50 foot, half right-of-way for Wescott Road. 8. Water main looping as recommended shall be provided. 9. This development shall adhere to erosion/sediment control measures as outlined in Exhibit "A". 10. A detailed landscape plan shall be a part of the final package. If a phasing plan is used, all parking and service areas for the building shall have phase I status. All members voted affirmatively. SEE PLAT FILE SAFARI AT EAGAN SHOPPING CENTER - REPLAT The application of Linvill Properties, Inc. for replat of Lots 1 through 4, Block 1, Safari at Eagan, into Thomas Lake Center, came next to the Council for its consideration. The Advisory Planning Commission recommended approval subject to certain conditions. Dale Runkle make a presentation and explained the changes from the 1981 proposal, noting the original proposal included an 83,000 square foot multi-use building, whereas currently, the plan is for a 42,000 square foot strip center. The service area will be provided along the north side of the building, but the building will have frontage on all four sides and therefore a common sign band was recommended. Dave Sellergren appeared for the applicant, as well as Ralph Linvill and Mark Riling. J. D. McRae, the architect, was also present and described the proposal to the council, including the adjoining lots that could be used for restaurant or other commercial purposes. Mr. Sellergren noted that the owner agrees to comply with virtually all conditions of the Planning Commission but noted the following issues: 14 Council Minutes April 7, 1987 1. The half right-of-way 75 foot dedication along Cliff Road has been completed. 2. Regarding parking, each lot must fulfill its own parking requirement and therefore condition 2 regarding parking could be removed. Mr. Runkle stated that Lot 1 has adequate parking so that the No. 2 condition can be removed. 3. The architect described the layout for the strip center and noted that 2 trash areas will be included within the building with overhead doors. 4. The Planning Commission recommended that no roof top units be provided, but Mr. Sellergren stated that all comparable buildings in Eagan recently developed, have roof top units. A parapet about 12 inches will extend above the building line and he claimed the site line from Safari, which is depressed, would not be adversely affected, nor would.it be from Cliff Road. The north side is intended as a service side of the building and it was suggested by Councilman Smith that the Safari Blvd. name be changed because of confusion with the Safari residential subdivision to the southwest. The plan is to be open in October of 1987, according to the applicants, and they further stated they can comply with all the Soil Conservation Service recommendations. There are no plans for gas pumps on the site, according to Mr. Sellergren. Sign banding is important to the project according to Mr. McRae and will be uniform around the building. Smith moved, Wachter seconded the motion to approve the application, subject to the following: 1. All standard plat conditions shall be adhered to. 2. A financial guarantee shall be submitted with the final landscape plan and not released until after one (1) year from the installation completion date. 3. This plat shall be responsible for trails along Cliff Road and Thomas Lake Road. 4. This plat shall be reviewed by the Advisory Parks and Recreation Commission for their recommendations. 5. Roof top fan -units shall be allowed, provided they are painted and properly screened, with the plan to be brought to the City Council for final review before the final plat is approved. 15 Council Minutes April 7, 1987 - 6. Trash disposal areas shall be incorporated within the building on Lot 1. 7. All lots shall have site plan review and approval by the Council prior to building permit issuance. 8. The sign band shall be uniform on all sides of the building. 9. All signage is subject to a one time sign fee of $2.50 per square foot. 10. All of the perimeter landscaping shall be installed with the first phase construction. 11. All drainage and ponding easements required by the City of Eagan shall be dedicated on the final plat. A minimum 20 foot easement shall be dedicated for all utilities not located within public right-of-way. All other drainage and utility easements shall be dedicated as required by staff as a part of the final plat. 12. All permits required by local, County, Regional and State agencies shall be acquired prior to final plat approval. 13. This development shall be responsible for all the additional assessments required with this proposal as determined by the rates in effect at the time of final plat approval. 14. This development shall comply with all applicable standard engineering conditions. 15. If public improvements are to be installed under City contract, the appropriate improvements shall be ordered for installation by Council action prior to final plat approval. 16. If public improvements are installed privately, plans and specifications for improvements must be prepared by a,registered engineer in accordance with City designed guidelines. 17. All costs of internal public improvements within this development shall be the sole responsibility of this development. 18. A 75 foot half right-of-way shall be dedicated for Cliff Ro ad . 19. The temporary drainage issue in regard to the upgrading of Cliff Road shall be resolved prior to final plat approval. All members voted yes. 16 Council Minutes April 7, 1987 - OAK CLIFF ADDITION - PLANNED DEVELOPMENT AMENDMENT & REZONING An application of Richard Winkler for rezoning of the Oak Cliff Addition consisting of Lot 1, Block 2, and Lots 7 and 8, Block 1, Oak Cliff Addition with planned development amendment was brought to the Council. The Advisory Planning Commission recommended approval of the application, subject to certain conditions. Mr. Hedges and Mr. Runkle reviewed the application and it was noted the intention is to down-zone the property for single family purposes. There were no objections. Ellison moved, Wachter seconded the motion to approve the application for rezoning and amendment to the Planned Development Agreement, subject to the execution of a draft amendment to the Planned Development Agreement. All voted yes. WALLY NELSON - LOT 4, CARLSON ACRES - REZONING An application of Wally B. Nelson and Michael Nelson for rezoning approximately 1.38 acres from R-1 (Residential Single) to LB (Limited Business) and preliminary plat approval to allow two 11,520 total square foot office buildings. In addition, a Comprehensive Guide revision would be required. The Planning Commission recommended denial of both applications, according to Mr. Runkle. The City Planner further stated that a Comprehensive Guide revision is an important issue. Representatives of the applicant were present. There will be no access to Pilot Knob Road, and Hans Timper, architect of Cedar Corporation, presented the proposal to the City Council. He argued that there is a legal non-conforming use that has consisted for over 25 years, and stated that parking would comply and that the proposal is to remove all buildings with one office to replace the building. There would be no material or equipment storage on the site. Mr. Timper also stated that it was his opinion that LB is compatible with the adjoining R-1 and also with the heavy traffic anticipated at the corner. He noted that there were past drainage problems but indicated they would be corrected and this is the proper time to consider rezoning. One access from Diffley Road will serve two lots, according to Mr. Timper. Gail Stahl, an owner to the south, had objections to the drainage problems that she stated persisted since 1980 when a garage was built on the Nelson site. Further, she noted that a survey that she had prepared indicated the Nelsons had stored material on her property and she also had questions concerning the grandfather non-conforming use. She objected to the commercial use, as did Miriam Nall, another neighboring owner. Noise from machines and odor from diesel fuel have been a problem for neighboring owners. They objected to the proposed use, including the heavy traffic from the office building. 17 Council Minutes April 7, 1987 ,r Dale Nathan, attorney for the Nelsons argued that it was a busy intersection and recommended approval. Jim DelGreco, another adjoining owner on Sequoia, objected to the office building being too close to the residential homes and stated that he spoke for other objecting neighboring owners. Water problems would be increased according to Mr. Delgreco. Councilman Wachter stated that he was personally familiar with Mr. Nelson and had him do some sub-contract work for him but indicated that he had no reason to believe that he could not vote on the issue. He stated that the water will continue to run if the use is not changed, but that the-access to the lot is not desirable. Councilman Egan stated that it is important to look at what exists at the present. Is the proposed use consistent and there must be adequate reason to authorize a change in the use. The plan has always been that Pilot Knob Road and Diffley Road would be a very busy intersection and basically, there is no change in the plan for the intersection, according to Egan. Councilman Egan moved to deny the application for reasons including those stated above and the following: 1. The proposed rezoning to Limited Business is contrary to the Comprehensive Guide use and it would not be prudent to make a change in the Comprehensive Guide. 2. The Nelsons did not make a request during the Comprehensive Guide Review process in 1985 and 1986 to redesignate the property to a commercial use. 3. There have been no material change in circumstances or any showing of any mistake in the original designation of the site as residential. 4. It has long been anticipated that the corner would` be a busy corner and there have been no change in conditions. 5. There is no showing of need for the office use in that particular location. 6. To rezone, would set an adverse precedent on the adjacent property owner and also in other areas of the City. 7. The current R-1 zoning is consistent with the surrounding property and it would provide for spot zoning and create an adverse impact on the surrounding residential owners and would further create additional traffic problems. 18 Council Minutes April 7, 1987 8. The neighboring property owners have relied upon the property remaining single family residential and there have been strong objections to the rezoning by neighboring property owners. Councilman Smith seconded the motion, noting that if the Council were to approve such applications, that it would be desirable for property owners to create a nuisance to in effect force the council to allow the rezoning, noting the problems that have taken place on the site, created by the expansion of the non-conforming commercial use through the years which have been objected to by the City and by the neighbors. Councilman Ellison stated that there would be an adverse effect on the surrounding neighbors by rezoning and he would not want to live in adjacent homes. Wachter stated that the office buildings would be an improvement and correct the water problem, but the Guide Plan is very important. Mayor Blomquist was also strongly opposed for the same reasons that were described above. All members voted in favor except Wachter who voted no. LEMAY LAKE HILLS TOWNHOUSE PROJECT - REPLAT An application was submitted by the owners of the Lemay Lake Hills Townhouse project on Pilot Knob Road for replat to convert the project from rental to owner-occupancy status. There are no changes in the project, but according to Mr. Runkle, the intention is simply to convert the plat to provide for single lots for owner/occupancy. Wachter moved, Egan seconded the motion to approve the application, subject to City requirements. All voted yes. PUBLIC IMPROVEMENT CONTRACT 1. Contract #87-11 - Greensboro 2nd Addition. The recommenda- tion was submitted to approve the plans for Contract #87-11 consisting of street and utility improvements in Greensboro 2nd Addition and authorize the advertisement for bid opening to be held at 10:30 a.m. on Friday, May 1, 1987. 2. Contract #87-12 - Lexington Square 6th Addition - Northview Park Road. It was recommended that the council approve the plans for Contract #87-12 consisting of street and utility improvements in Lexington Square 6th Addition and Northview Park Road and authorize the clerk to advertise for bids to be opened at 10:30 a.m. on Friday, May 1, 1987. 3. Contract #87-14 - Eagan Hills Farm - Country Hallow. The staff recommended that the Council approve the plans for Contract #87-14 which covers the trunk sanitary lift station for Eagan Hills Farms/Country Hallow and authorize the ad for bids to be placed in the legal newspapers with an opening to be held at 10:30 a.m. on Friday, May 1, 1987. 19 Council Minutes April 7, 1987 - 4. Dakota County Contract #32-18 - Cliff Road & Galaxy- Blackhawk Road Traffic Signals. The staff recommended the City Council approve the plans for County Contract #32-18 consisting of traffic signals at Cliff Road and at Galaxy-Blackhawk Road and authorize the Mayor and City Clerk to execute the applicable resolution. 5. Contract #85-5 - Cedar Industrial Park - Trunk Storm Sewer and Streets. The recommendation was made by the staff to the Council members that they approve the 11th and final payment for Contract #85-5 consisting of trunk storm sewer improvements and street improvements in the Cedar Industrial area under Contract #85- 5 in the amount of $9,582.35 to ARI Contracting and accept the improvements for perpetual maintenance. 6. Contract #87-1 - Park Construction for Six Parks. The staff submitted and recommended to the Council that it approve the plans and specifications for Contract #87-1 concerning park construction in six different parks in the City and to schedule an advertisement for bids for opening on May 1, 1987 at 2:00 p.m. at the Municipal Center. 7. Contract #87-13 - Park Shelter Buildings. The plans and specifications have been completed for the park shelter buildings in four parks, including Quarry, Carnelian, Walnut Hill and Blue Cross Parks. It was recommended that the plans and specifications be approved and that the Clerk be directed to advertise for bids for the project to be opened on April 30, 1987 at 2:00 p.m. at the Eagan Municipal Center. 8. Contract #86-2 - Nicols Road. A supplemental agreement to change order No. 3 consisting of 4 parts was recommended to be approved and to authorize the Mayor and City Clerk to execute the related documents. 9. Contract #86-23 - Holland Lake Trunk Storm Sewer Outlet - Change Order No. 2. Change Order No. 2 consisting of three parts including an addition of $1,500.00 for Part A, $2,000.00 for Part B, and $1,425.17 for Part C for a total of $4,925.17 was recommended to be approved. Smith moved, Wachter seconded the motion to approve the foregoing recommendations and authorize their implementation. All members voted in favor. PRIVATE IMPROVEMENT CONTRACTS 1. Contract #83-F - St. Francis Woods 3rd Addition. The staff recommended that the Council approve Contract #83-F consisting of the St. Francis Wood 3rd Addition improvements and accept the privately installed improvements for perpetual maintenance. 20 Council Minutes April 7, 1987 - 2. Contract #85-D - Westbury 4th Addition. The final work has been completed for the Westbury 4th Addition improvements and the staff recommended Contract #85-D be approved and accepted for permanent maintenance. 3. Contract #85-Q - Blackhawk Townhouse Apartments. The request for final payment has been submitted for Blackhawk Townhouse Apartment improvements and the staff recommended acceptance for perpetual maintenance and approval. Smith moved, Wachter seconded the motion to approve the foregoing recommendations of the staff and authorize them to be implemented as described. All members voted yes. LEXINGTON SQUARE 3RD ADDITION - BUILDING PERMIT A request was received from Meritor Corporation for a building permit for Outlot A, Lexington Square 3rd Addition. Larry Frank was present and noted that the Outlot will be incorporated into the proposed Danbury Addition as Lot 10, Block 2 and that the final plat will be processed within the next 60 days. The public works and building inspection departments had no objections to the request. Smith moved, Wachter seconded the motion to approve the application, subject to compliance with staff requirements and further, that no occupancy will be approved until the final plat has been approved. All voted in favor. NORGAS - VARIANCE An application of Norgas Propane Company for building permit to reconstruct its office facility near Highway #13 was next heard, The applicant had previously received a 19 foot variance for its front yard setback and a representative of Norgas was prevent. Dale Runkle briefly reviewed the application and there were no objections. Wachter moved, Egan seconded the motion to approve the variance, noting the hardship, based upon the recent fire in the facility, pursuant to compliance with other city requirements. All voted positively. BRIDLE RIDGE ADDITION Rod Hardy and Dave Sellergren appeared on behalf of Sienna Corporation to discuss informally with the City Council a proposed revision to the Bridle Ridge Addition, which would provide for clustered units, reduced sizes for some lots and also open space between platted lots which would be controlled by a homeowners associations. Restrictive covenants would be imposed and there was discussion concerning the need to amend the preliminary plat. There 21 Council Minutes - April 7, 1987'- would be no change in the number of lots but there would be more undersized lots, and more cul-de-sacs. There were questions about procedure and some of the aspects of the proposal, with no formal action being taken. Some Councilmembers had objections to additional cul-de-sacs and the down-sizing of certain lots. FAIRVIEW RIDGES HOSPITAL - 24 HOUR FACILITY The City Administrator discussed informally with the City Council, the request of Fairview Ridges Hospital which is intending to construct a 24 hour health care facility in the City regarding proposed locations for the facility. The proposed Pondview site on the west side of Pilot Knob Road is the preferred site by Fairview, with visibility and signage in addition to room for expansion being important issues. Office space for doctors adjacent to the parcel also was important to Fairview Ridges. No formal action was taken. SPERRY WATER RESERVOIR - RADIO ANTENNA Public Works Director Tom Colbert discussed with the City Council a request by Unisys Corporation to allow the installation of a radio communication antenna on the Sperry Reservoir east of Pilot Knob Road. The City's radio communication consultant suggested detailed specifications to insure no interference with the City's radio communication system or any other potential private user. Because of these specs, Unisys has indicated that it would be very expensive to comply with them and requested the issuance of an exclusive lease agreement to allow only the City of Eagan and Unisys to place radio equipment on the reservoir. The issue was whether the City wants to expand the present use of the reservoir as a potential revenue generator for radio communication antenna, or to restrict the usage to the City and Unisys. It was noted that the property was donated by Unisys to the City for the use as a water tower site only and if the City were to terminate its use, that the property would revert to Unisys. In addition, a question was raised as to the amount of rent to be charged. Smith moved, Wachter seconded the motion as follows: 1. Unisys' Lease be approved with the understanding that the Unisys equipment shall be compatible with the City's uses. 2. The rental to Unisys would be $100.00 per month. 3. It would not be a non-exclusive Lease, but that any future users that are approved by the City Council shall be compatible with the Unisys and the City equipment. 22 Council Minutes April 7, 1987 - 'to 4. The staff shall make recommendations concerning other sites where comparable antenna leases could be entered into. All members voted yes. BLACKHAWK GLEN - PROJECT #454 The final assessment roll for Blackhawk Glen utility improvements was completed and it was recommended to the Council that it receive the roll and that they schedule a final assessment hearing for May 15, 1987 at 7:00 p.m. at the Eagan Municipal Center. Egan moved, Ellison seconded the motion to receive the roll and schedule a public hearing for May 15, 1987 at 7:00 p.m. at the Eagan Municipal Center. All voted yea. GUN CLUB LAKE WMO REPRESENTATIVE Tom Colbert reviewed with the City Council the current Eagan membership in the Gun Club Lake WMO and noted that Diane Warner Hood, who was appointed an alternate in September 1986, and later a representative after Wes Lane resigned, had not been able to attend very many of the meetings. The Councilmembers requested the staff to make recommendations for membership with final appointment by the City Council. SEWER & WATER INSPECTIONS The Public Works Director explained to the City Council problems that have been arising regarding contractors who have not allowed visual inspection by City inspectors of sewer and water service installation required under City policies. He stated that some developers back fill before the inspection has taken place. Council reaffirmed its policy of visual inspection and directed the staff to require the contractor to uncover the service lines in order to complete the inspection. BOARD OF REVIEW Mr. Hedges noted that June 9, 1987 is the scheduled date for the Eagan Board of Review. SPECIAL COUNCIL MEETING - APRIL 13, 1987 A special City council meeting was scheduled for 7:00 p.m. on April 13, 1987 at the City Hall to discuss several issues, including building inspector interviews and a presentation from Cray Research for a proposed development in the City. 23 Council Minutes April 7, 1987 - DAVID RINGBERG - POLICE DEPARTMENT - RESIGNATION Wachter moved, Egan seconded the motion to approve the resignation of David Ringberg as a patrolman in the Police Department. All members voted in favor. DISCUSSION OF CURRENT LAWSUITS Councilmembers discussed the recent action commenced by the Bieter Company against the City, and the action brought by Good Value Homes against the City, which has now been appealed to the Minnesota Court of Appeals. It was suggested that the terms of the Planned Development Agreements are important where applicable, regarding these lawsuits. The staff and City Attorney were directed to take all steps necessary to defend the action and pursue necessary legal action on behalf of the City. FEDERAL LAND COMPANY VS. CITY OF EAGAN City Attorney Paul Hauge described an action which was commenced within the past week by Federal Land Company against Cliff Road Properties and the City concerning alleged damage to Federal Land Company property on Cliff Road, adjacent to the pond, partially owned by Cliff Road Properties. The Eagan liability carrier has been noticed concerning defense and the defense has been tendered to Cliff Road Properties to defend on behalf of the City. CHECKLIST Upon motion by Egan, seconded Wachter, it was resolved that the checklist dated April 7. 1987 in the amount of $ 722^085,01_ be approved. All voted yes. ADJOURNMENT Upon motion duly made and seconded, it was resolved that the meeting adjourn at 1:15 a.m. All members voted aye. PHH City erk 24