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02/18/1986 - City Council Regular 00047 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 18, 1986 A regular meeting of the Eagan City Council was held on Tuesday, February 18, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, and Ellison. Councilmember Egan was excused. Also present were City Administrator Hedges, Consulting Engineer Bob Rosene, Public Works Director Colbert, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Ellison seconded the motion to approve the Agenda as distributed. All voted yes. MINUTES February 4, 1986 - Regular meeting. The minutes of the February 4, 1986 regular City Council meeting were approved with the following exceptions and subject to the approval of Councilmember Egan: Page 5, Project #461, Consulting Engineer Tim Thenow instead of Fino, appeared; page 6 should be Burow Pond storm sewer outlet Project #452 rather than Beryl, and; page 6 regarding Brittany 7th Addition, Lot 5, Block 2, should be included; page 7, final assessment hearings, the three properties should consist of the Don Vogtman, Victor Staff and Ronald Doyle properties; page 8, Economic Development Commission, Mayor Blomquist advised the City Council regarding Bob Shields; page 9 regarding Sperry proposal, Ellison moved, Wachter seconded the motion to amend the original motion to continue the matter for two weeks for the public hearing; page 10, Hardee's Restaurant should provide for revised drive-through plan, rather than advised drive-through plan; page 11, Mark Remick preliminary plat should add the following conditions : 1. There shall be a slope easement on the east property line in order that the lowland area can be properly filled and contours matched on the remaining property. 2. There shall be a swap in property made with this proposal for the City outlot and for a land dedication of the south property line. 3. The house shall be moved back at least 25 feet from the proposed new south property line; and on page 12, Sidewalk Trail Easements, Policy #86-1, and Special Assessment Policy Park Lana #86-2. 1 Council Minutes February 18, 1986 0004 8 SPECIAL COUNCIL MEETING MINUTES Upon motion by Wachter, seconded Ellison, it was resolved that the minutes of the following special council meetings be approved: January 14, 1986, February 13, 1986, January 23, 1986 and the minutes of a special joint meeting of the Advisory Planning Commission and City Council of January 23, 1986 with the addition on page 3 that William Soules was given information about the possibility of the City requesting a fire station site on the Soules' property. All voted in favor. VOLUNTEER FIRE DEPARTMENT A. 1971 C-900 Ford Pumper Truck. City Administrator Tom Hedges explained to the Council that during the development of the 1986 Budget, the refurbishing of the 1971 C-900 Ford Pumper Truck was partially funded and there was discussion about further funding for the completion of the refurbishing. The City Council budgeted $12,000.00 in 1986 and an additional $14,550.00 would be needed for completion in 1986. Chief Childers and Assistant Chiefs Schindeldecker and Southorn were present. There was discussion regarding the source of funding and it was suggested the cost be spread over two fiscal years. Blomquist moved, Smith seconded the motion to authorize the fire staff to negotiate for the refurbishing of the Ford Pumper Truck, with Custom Fire Apparatus, Inc. of Osceola, Wisconsin, with the cost to be paid one-half in 1986 and approximately one-half from the 1987 fiscal year budget, with the understanding that the final determination of the funding will be returned to the City Council for approval, including the submission of additional funding required for the 1987 budget. All voted yes. B. ISO Inspection. Fire Chief Childers suggested to the City Council that it request an ISO inspection for purposes of lowering the insurance rating that currently is at level 6. There has not been an ISO inspection for several years. Wachter moved, Ellison seconded the motion to direct the City Administrator to seek an ISO inspection for the purpose of reducing the commercial/industrial insurance rates throughout the City. All members voted yea. PARK 6 RECREATION DEPARTMENT A. Snowmobile Use Concerns. A memo from Ken Vraa, the Park Director, regarding complaints that had been received about use of snowmobiles within the City, was discussed among the Councilmembers. Ken Vraa and Captain Pat Geagan were present. Captain Geagan stated that there had been 80 to 90 contacts during the current winter season regarding snowmobiles and Councilman Smith stated in his opinion the number is very small, noting that very few citations had been issued. He further suggested no further presentation was required except that a report at the end of the Winter season be submitted to the Council for its review. 2 Council Minutes 0049 February 18, 1986 00049 B. Parks Dedication Report. A detailed report dated February 4, 1986 covering parks dedication ordinance review, was included in the packet for the Council's consideration. The Council directed that the item be scheduled as a regular council agenda item at a future meeting noting its concerns about some of the recommendations in the report. BURNSVILLE/EAGAN CABLE COMMISSION Thomas Hedges announced that Ralph Campbell, the Burnsville/Eagan Cable Administrator, was present and was invited to make several comments to update the Council concerning the Commission activities. He indicated that Richard Bertz had been elected Chairman, and Arts and Entertainment has now been provided on the Burnsville/Eagan Cable Network. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Contractors Licenses. A schedule of contractors licenses dated February 18, 1986 was submitted in the packet and it was recommended that the license applications be approved. 2. Personnel Items. a. Clerk-Typist (Pool). It was recommended that the Council acknowledge the notification of Nancy Graves that she would not be accepting the position of Clerk-Typist with the City. b. Clerk-Typist (Pool). It was recommended that Helga Brock be appointed as part-time clerk-typist 6 hours per day for the typing pool in Administration, with the appointment effective February 10, 1986. c. Chief Mechanic/Shop Supervisor. It was recommended by the staff that Thomas Streefiand be appointed as the chief mechanic/shop supervisor effective March 10, 1986. d. Clerk-Typist - Parks & Recreation/Protective Inspections. After interviews, the staff recommended the appointment of Mary Weathers as clerk- typist for the Parks & Recreation/Protective Inspections Departments effective February 24, 1986, conditioned upon successful completion of the City's physical examination requirement. 3. March 5, 1985 City Council Minutes. It was recommended that the City Council minutes of March 5, 1985 referring to Contract #84-18 be substituted to read Contract #83-18 on Consent item No. 7. 3 Council Minutes 00050 February 18, 1986 4. Water Booster Station - Contract #84-13. Public Works Department recommended that the Council approve the 10th and final payment for Contract #84-13 for the water booster station in the amount of $9,060.12 to A & K ,Construction, Inc. and to accept the facility for perpetual maintenance. 5. Project #427 - Yankee Doodle Road. Staff also recommended the Council approve a resolution prohibiting on-street parking on Yankee Doodle Road for Project #427 reconstruction and authorize the Mayor and City Clerk to execute all related documents. R 86-5 6. Wescott Road - Project #467. It was recommended to the City Council that it receive the feasibility report for Project #467 consisting of Wescott Road from Lexington Ave. to one-half mile east, and schedule a public hearing at the City Hall on March 19, 1986 at 7:00 p.m. 7. Peaceful Heights - Contract #85-02. It was requested that the final payment be approved for Contract #85-02 for Peaceful Heights Addition in the amount of $9,571.67, payable to Lake Area Utility Contracting, Inc. and accept the project for perpetual maintenance. 8. Westbury and Lexington Square - Contract #84-08. The recommendation was made to the City Council that it approve the 7th and final payment for Contract #84-08 (Westbury and Lexington Square Additions) in the amount of $32,578.21 to Lametti & Sons, Inc. and accept the project for perpetual maintenance. 9. Slater's Acres - Streets & Utilities - Change Order No. 1 - Contract #85-3. It was recommended that Change Order No. 1 to Slater's Acres, Contract #85-3 consisting of street and utility improvements be approved as follows: Part A - $6,900.00 addition; Part B - $2,770.00 addition. 10. Eagandale/Lemay Lake - Change Order No. 1 - Contract #85-7. Staff recommended to the City Council that it approve Change Order No. 1 to Eagandale/Lemay Lake street and utility improvement Contract #85-7 in two parts as follows: Part A - addition of $1,679.40; and Part B - addition of $1,605.85. 11. Greensboro Addition - Project #470. The feasibility report for Project #470 consisting of Greensboro Addition streets and utilities was submitted and it was recommended that it be received and that the Council authorize the preparation of the feasibility report, including plans and specifications. 12. West Servic Road - Project #471. It was recommended that the Council receive the Petition for Project #471 consisting of storm sewer improvements for the West Service Road and authorize the preparation of a feasibility report and detailed plans and specifications. Wachter moved, Ellison seconded the motion to approve the foregoing consent agenda items as presented and authorize the staff to implement each of the recommendations. All councilmembers voted affirmatively. 4 Council Minutes February 18, 1986 00051 NICOLS ROAD - PROJECT #460 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding Project #460 covering street improvements for Nicols Road from Beau D'Rue Drive south to Kings Road. The City Council held its first public hearing at its February 4, 1986 regular meeting and as a result of comments and discovery of technical errors in the publication process, the Council continued the public hearing until February 18, 1986. Tom Colbert reviewed the background of the project and the proposal for the road improvements, noting an overlay in the 1960s with no permanent reconstruction since that time. He recommended that an overlay would not be feasible and the staff recommended that an equivalent to an overlay be applied for the reconstruction of the road. He also reviewed proposed assessments and noted that the rates will be based upon equivalent street assessments for the type of use adjoining the street. The proposal included a 44 foot improvement north of County Road #30 with that portion south of Cliff Road tapering down to 32 foot improved street width. Rich Hefti discussed with the City Council a suggestion that had been made to reduce the width of the trail from 8 feet to 6 feet, indicating that the cost savings would be minimal because of the high labor costs involved in a narrower than 8 foot trailway. He noted, however, that a 6 foot trail would be acceptable from the staff's standpoint. Councilman Wachter had questions about the timing for a full four-lane, road and stated the City Council had committed itself to improving either Rahn Road or Nicols Road for purposes of handling the community traffic. He did, however, recommend that seven residential owners be granted a two-year deferment on assessments, including four owners north of Diffley Road and three owners south of Diffley Road. A letter from Bill Brandt, the owner of the office complex south of Cliff Road, objected to the proposed assessments. Larry Wenzel, an owner of a parcel at Beau D'Rue and Nicols Road had concerns about the trail along the commercial property, particularly at busy intersections. Mr. Colbert noted that the proposal for the trail is along the east side, where the park is located with more residential and less commercial users. Jean Parranto, an owner of property at County Road #30 and Nicols Road, asked whether it would be appropriate to have a trail along the commercial development, noting that parking lots will be developed in the future. Councilman Smith indicated that the trail proposal conforms with the trail policy and that trails throughout the City are getting considerable use. Jerry Solheim, an owner on Nicols Road, questioned whether the ditch would be filled and it was indicated that it would be. He further suggested a four or five foot sidewalk with ditch including very minimal boulevard. It was noted that the sidewalk will generally be within the City's street easement and that the standard is for about a 9 to 10 foot boulevard for snow storage and safety purposes from improved roadway to the trail. 5 Council Minutes February 18, 1986 Q00 Helen Adelmann, an owner on Nicols Road questioned the assessment rate for R-4 zoning for the Adelmann property and it was noted that an agreement could be entered into assessing the property at the current use, with a revision in the event of a changed use in the future. There were several other residents who appeared with questions and some objections to the project, including trails, assessments and width of the road. The City Engineer indicated that the County will be contributing about $100,000.00 to the estimated $800,000.00 improvement cost and it was recommended that the City take advantage of the County's contribution and approve the work at the present time. At 8:00 p.m., Mayor Blomquist moved, Wachter seconded the motion to close the public hearing. All voted in favor. Mayor Blomquist further stated that many owners were concerned about the trail and proposed reduction of the street to 46 feet and suggested the staff work with the individual owners regarding the proposed location of the trail, including the affect on any trees along the road right-of-way. Blomquist moved, Smith seconded the motion to order in the improvement and that the staff work with the affected owners along Nicols Road concerning the location of the trail and further to reduce the right-of-way width to 46 feet, with the understanding that the City will attempt to save all trees south of Cliff Road, if possible; further, that it be subject to final design approval. Councilman Wachter recommended a 20 year assessment spread but no action was taken on that recommendation. All councilmembers voted yea. NORTHVIEW MEADOWS ADDITION - VACATION OF UTILITY EASEMENT Smith moved, Ellison seconded the motion to continue the public hearing regarding Northview Meadows Addition utility easement vacation until consideration of the revised plat of Northview Meadows takes place by the City Council. All voted yes. BLUE GENTIAN ROAD - VACATION OF PUBLIC RIGHT-OF-WAY The public hearing regarding the vacation of public right-of-way for Blue Gentian Road continued from the February 4, 1986 meeting was then convened by the Mayor. Because of technical errors in the legal description process, the hearing was continued. There being no objection, after explanation by Public Works Director Colbert, Wachter moved, Smith seconded the motion to close the public hearing and approve the vacation of the described portion of the right- of-way of Blue Gentian Road. All voted in favor. LILLIAN McCARTHY - PROJECT #411 - FINAL ASSESSMENT HEARING The continued public hearing regarding special assessments for trunk storm sewer improvements affecting the Lillian McCarthy property on Lexington Avenue under Project #411 was convened by Mayor Blomquist. Tom Colbert detailed the project and there was no appearance on behalf of Mrs. McCarthy, nor any written correspondence from Mrs. McCarthy. It was noted the large-lot credit 6 Council Minutes February 18, 1986 00053 was recommended but in the event that the property is developed to more intense use in the future, that it would be assessed for the revised use at that time. Smith moved, Wachter seconded the motion to close the public hearing and approve assessments under Project #411 and authorize certification to the Dakota County Auditor for collection, with the understanding that the large-lot credit policy will be implemented with the revision in the assessments in the event of change in use at any time in the future. All members voted in favor. KNOB HILL OF EAGAN - VACATION OF UTILITY EASEMENT The public hearing regarding the vacation of utility easements for Lots 1 and 2, Block 1, Knob Hill of Eagan was next convened by the Mayor. Mr. Colbert briefly explained the reason for the vacation requested by the title company for a purchaser of a portion of the affected property. In addition, the developer has agreed to dedicate the alternate easements. Barton Dunn was present on behalf of the applicant. Wachter moved, Smith seconded the motion to close the public hearing and approve the vacation of the common lot-line drainage and utility easement over Lots 1 and 2, Block 1, Knob Hill of Eagan, with the understanding that the substituted easement will be dedicated to the City. All members voted yes. NORTHVIEW MEADOWS - FINAL PLAT REVISION The application of Sienna Corporation for approval of the final plat revision for Lots I through 5, Northview Meadows, Block 4, was submitted to the Council for its consideration. Dale Runkle detailed the application and noted that the proposal was to subdivide the five lots into three lots consisting of Lots 1, 2, and 3 of Block 1, of Revision to Northview Meadows. Leslie Davidson appeared for the applicant and Dale Runkle described the objective to revise the easements and change lot line locations because of the location of the single family residences on the lots. It was noted that the intent of the ordinance is being fulfilled and the public hearing has been scheduled before the City Council. Two neighboring property owners appeared with questions and were explained the reasons for the change. One neighbor questioned the storm sewer problem on an adjacent parcel. After discussion, Wachter moved, Blomquist seconded the motion to approve the application for final plat revision, subject, however, to compliance with all normal City platting requirements and further, subject to completion of satisfactory resolution of the storm sewer drainage problems that were detailed by the neighboring property owners. All voted yes. R 86-6 NORTHVIEW MEADOWS - UTILITY VACATION The public hearing regarding the vacation of lot line drainage and utility easements over Lots 1 through 5. Block 4, Northview Meadows Addition, according to the description submitted, noticed and published, was then reconvened by Mayor Blomquist. There being no objection to the vacation and it was noted that the purpose was to comply with the revisions to the preliminary plat, Smith moved, Wachter seconded the motion to close the public hearing and approve the vacation of the common lot line drainage and utility easements as described. All voted in favor. 7 Council Minutes ~p February 18, 1986 00054 PARK CONSULTANT - TIM ERKKILA The appointment of Park Consultant, Tim Erkkila as the Eagan City Park Consultant and consideration of the proposed fee schedule was again brought before the City Council. Questions had arisen at earlier council meetings regarding the proposed contract, noting the merger of Erkkila & Associates with Westwood Planning and Engineering Co., and the substantial change in rates for Mr. Erkkila. A letter from Mr. Erkkila dated February 7, 1986 was included in the packet information and councilmembers were concerned about the fact that they had not been notified of the change in consulting firms at an earlier time. Wachter moved, Smith seconded the motion to approve the hiring of Westwood Planning & Engineering Co. as the City's Park Consultant for the calendar year 1986 with the understanding that the lower scale planners at a maximum rate of $28.50 per hour be engaged to do the consulting park planning work for the City as directed by the City staff and further understand that Council approval of planning services by Tim Erkkila will be required for any park consulting work done by him during 1986. All councilmembers voted affirmatively. GUN CLUB LAKE WATERSHED MANAGEMENT COMMISSION APPOINTMENTS City Administrator Hedges stated that four persons were given considera- tion at the last City Council meeting for appointment to the Gun Club Lake Watershed Management Commission, including Jim Unker, Mike Beard, Brad Farnum and Steve Galligan. He noted that only Mike Beard has indicated an interest in membership on the Commission. Ellison moved, Wachter seconded the motion to appoint Mike Beard to the commission. Those in favor were Ellison, Wachter and Smith; against was Blomquist, indicating she would favor voting on the appointments at such time as all councilmembers were present. Smith then moved, Ellison seconded the motion to appoint Steve Galligan as a member of the Commission in the event that he is willing to serve. All voted yes. NORTHWESTERN BELL - UTILITY BUILDING - CONDITIONAL USE PERMIT The conditional use permit application for Northwestern Bell Telephone Co. for consideration of a utility building located south of County Road #30 and west of Dodd Road had been considered at the January 21, 1986 meeting. The Council had directed the applicant to consider a site more aesthetically pleasing to the neighborhood and Robert Docken was present to explain the proposal to the Council. He noted that the site is on the Calvary Memorial Church property and that the building would be located at the same set back line as the proposed church structure. There were no objections and Wachter moved, Ellison seconded the motion to approve the conditional use permit, subject to landscape plans approved by the staff and compliance with all other applicable ordinances. All voted in favor. 8 Council Minutes 00055 February 18, 1986 NORTHWESTERN BELL - CONDITIONAL USE PERMIT - BLACKHAWK ROAD SITE A letter had been sent by the staff to Northwestern Bell suggesting that it review the Blue Cross site as an alternate Blackhawk Road area utility building site and further, that all sites for future Northwestern Bell utility buildings be reviewed with the staff prior to submission of an application for specific location. Because of the change in the location, the Council had requested that the application be submitted to the Advisory Planning Commission for review and recommendation to the City Council. No action was taken. GREENSBORO - PRELIMINARY PLAT AND REZONING The application of Gabbert Development Company for preliminary plat approval of 90 single family lots on 40 acres and rezoning from A (Agricultural) to PD (Planned Development) for the Greensboro project was next heard. The Council had considered the application at its February 4, 1986 meeting and direction was given to the developers to eliminate the cul-de-sac by causing that street to become a through-street and further, that all lots be increased in size to meet the minimum requirements of the City for single family development. There had also been a question as to the appropriateness Planned Development zoning. Mr. Hedges and Dale Runkle detailed the application and it was noted that the cul-de-sac had been eliminated. Dave Gabbert was present and indicated that all lots will comply with City minimum standards for single family purposes. Dr. Paul Griffin, the owner of the property to the north of the subject parcel, was present and stated that he had submitted a request for utilities covering his property. He further requested revision of the street access to his property so that it would cross park land. Mr. Colbert pointed out that the Griffin proposal was not the most feasible street layout for the Griffin property and that the request for utilities was not complete according to City requirements. Ellison moved, Wachter seconded the motion to approve the application for rezoning from A (Agricultural) to PD (Planned Development) with the understanding that R-1 standards will be met according to the zoning ordinance and all other city requirements shall be complied with. All voted yes. Ellison then moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. Council shall authorize the necessary public improvement projects to provide streets and utilities for this development prior to final plat approval. 2. This development shall obtain an easement or authorization from Williams Brothers Pipeline to perform grading activities within the Williams Brothers easement. 9 Council Minutes 00056 February 18, 1986 3. The drainage plan shall incorporate storm water outlets for depressions located on Lots 10 and 11, Block 1; west of Lot 8; and within Block 3, all is noted within the Engineering Report. 4. All street grades at intersections shall meet City Code with the exception of the southerly cul-de-sac. 5. The Council shall approve the upgrading of Wescott Road prior to final plat approval. 6. The developer shall provide for a trailway as appropriate from Lexington Place South to the proposed school site east of this development. 7. The developer shall dedicate a 50 foot half right-of-way for Wescott Road, the street looping onto Wescott Road shall be a minimum of 60 foot right-of-way with the other interior streets minimum of 50 foot right-of-way. 8. The developer shall dedicate the following easements: a. The westerly 15 feet of Lots 9 and 10, Block 1, for storm sewer. b. A 15 foot utility easement centered over Lots 7 and 8, Block 1 for storm sewer. c. A 30 foot easement within Lot 24, Block 1, for sanitary sewer with final location being based on final design. d. A ponding easement encompassing the 888.1 high water elevation for Pond JP-32. e. A ponding easement encompassing the 881 elevation for the depression located within Block 3. f. A 15 foot easement over Lots 15 and 16, Block 2 and Lots 21 and 22, Block 1, for storm sewer. g. A 15 foot easement located across the common lot lines of Lots 1, 2, and 29 of Block 2 for storm sewer. 9. This development shall be responsible for the installation of a 5 foot concrete walk along Wescott Road. 10. The developer shall provide a cash park dedication requirement. 11. A bituminous trailway connection to the Lexington Place South development to the west shall be provided by the developer. 12. A trail connection shall be installed by the developer to the school to the east with placement to be determined jointly with the school district personnel and City staff. All councilmembers voted affirmatively. SEE PLAT FILE 10 Council Minutes 00057 February 18, 1986 ON-SALE LIQUOR LICENSE POLICY REVIEW At the last regular City Council meeting, questions were raised by Councilmembers about regulatory language, particularly in relation to policies formulated by the Council governing the issuance of on-sale liquor licenses in the City. A report prepared by Administrative Assistant Liz Witt dated February 13, 1986 was discussed including criteria relating to valuation, seating capacity, food/liquor ratio, location and reserved licenses. Smith moved, Wachter seconded the motion to continue the consideration of the policy until later in the agenda. All voted yes. STUART'S FIRST ADDITION - PRELIMINARY PLAT The application of Stuart Nolan for preliminary plat approval of proposed Stuart's First Addition located at the southeast intersection of Lexington Avenue and Yankee Doodle Road, next came to the Council. The Advisory Planning Commission at its January 28, 1986 meeting recommended approval of the application, subject to conditions with the modification to condition 11 that allows for the prepayment of special assessments. Date Runkle discussed the application and indicated that the prepayment of special assessments would not be required according to the APC recommendations as long as the project is a single owner project, as opposed to condominium development. There also had been concerns about parking and it was notea that there will be two parking spaces rather than the 2 1/2 required, with the understanding that the developer will tie one inside garage unit space to each unit. Looping for fire safety purposes will also be complied with and Mr. Runkle also noted that there were concerns about ownership of the project by neighboring residents. Stuart Nolan was present and expressed concerns about the proposed prepayment of assessments against the property for future Lexington Avenue improvements. He suggested an agreement covering assessments at the time of conversion to condominiums. Councilman Smith indicated the policy provides for prepayment or assessment of proposed improvements and the City Attorney was requested to review the assessment issue with the developer. Wachter moved, Ellison seconded the motion to approve the application, subject to the following conditions: 1. The City Attorney and City staff shall provide and prepare an acceptable agreement to be approved by the City Council concerning the assessment of the future Lexington Avenue street improvements. 2. The garage shall be included in the rental unit price if only 2 stalls per unit are provided with the project. 3. The project shall be subject to Park Commission's review and comment regarding park dedication. 4. A detailed landscaping plan shall be submitted including bona which shall not be released less than one year after landscaping is completed. 5. Golfview Drive shall be extended out to Lexington Avenue. 11 Council Minutes O~V February 18, 1986 V 6. This development shall not adversely impact any existing drainage patterns with its site grading. 7. This development shall loop the existing 8 inch watermain within Golfview Drive to Lexington Ave. 8. This development shall be responsible for obtaining the necessary permits from MPCA, MN Department of Health and Dakota County Highway Dept. 9. This development shall grant the City a 20 foot slope easement adjacent to Lexington Avenue right-of-way. 10. This development shall dedicate a 30 foot easement over the existing sanitary sewer line and enter into an agreement to pay for restoration of parking lot or trailway where either encroaches upon the City's easement. 11. This development shall dedicate a full 60 foot right-of-way (Outiot C) for street purposes. 12. This development shall be responsible for lateral benefit from trunk water main and prepayment of its multi-family equivalent for Lexington Avenue upgrading and also for the trailway construction. 13. All City standard plat conditions shall be adhered to. All voted yes. SEE PLAT FILE ADVENT UNITED METHODIST CHURCH - PRELIMINARY PLAT & REZONING The application of Advent United Methodist Church to rezone approximately 5 acres from PD to PF (Public Facilities) and preliminary plat approval of a parcel containing one lot was next considered by the Councilmembers. Dale Runkle explained the application and noted that the Advisory Planning Commission at its meeting on January 28, 1986 had recommended to the City Council that it approve the applications subject to certain conditions, including trees to be planted on the north and south property lines and along Lexington Avenue. The first phase of the project would consist of the main worship area of 7,500 square and parking for 92 cars with 10 foot spacing. The architect for the developer was present and requested that sanitary sewer not be required to be installed through the south property line because of the excessive cost but that it possibly be included in a later phase. Further, the architect requested that the bicycle trail costs be assessed rather than paid for directly. He also indicated that the church would dedicate an easement for the sanitary sewer line, providing for extension at a future date. 12 Council Minutes Voo5 February 18, 1986 V .J7 Public Works Director Tom Colbert indicated that there is no certainty as to how the parcel itself will be served by sanitary sewer in the future. After extensive discussion, Ellison moved, Wachter seconded the motion to approve the application for rezoning from PD to PF (Public Facilities). All voted yea. Ellison then moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. An agreement shall be entered into between the church and the City regarding the sanitary sewer extension providing that an easement be granted at such location as required by the City and that the sanitary sewer be installed to the south property line if requested by the City, at any time in the future, with the understanding that the church will waive objections to the assessments which will be levied solely against the church property and in the event that the City determines that the sanitary sewer is not needed at some time in the future, that it will agree to, at the request of the church, vacate the unneeded easement. 2. The parking lot shall be completed to City standards as soon as the overflow area is used on a regular basis. 3. A detailed landscape plan and financial guarantee shall be submitted and not released until one year or one growing season, whichever is later, after the completion. The landscape plan shall be submitted on an approved grading plan at the time of final plat and shall include plans for plantings on the north and south property lines. 4. A detailed grading and erosion control plan shall be submitted for approval by staff. 5. This development shall be responsible for an 8 foot bituminous trailway along Lexington Ave. 6. Right-of-way shall be dedicated as referenced in the engineering report. 7. All utility and drainage easements shall be dedicated as referenced in the engineering report. 8. The costs of all sanitary sewer, water and storm sewer shall be the sole responsibility of this development. 9. County approval must be obtained for the entrance to Lexington Avenue prior to final plat approval. 10. County approval or Park Commission approval must be obtained for the parking lot drainage prior to final plat approval. 11. Minimum setbacks and parking requirements shall be met prior to building permit issuance. 13 Council Minutes c February 18, 1986 00060 12. This development shall assume the additional assessments as defined in the staff report based on rates in effect at the time of final plat approval. 13. This development shall be responsible to extend the sanitary sewer to the south boundary for future development. 14. All standard plat conditions shall be adhered to. 15. This development shall be responsible for costs associated with a bituminous trailway on Lexington Avenue through the length of its plat. 16. The cash park dedication requirement shall be waived until such time that this property is converted into any other use. All councilmembers voted yea. SEE PLAT FILE K. CHARLES DEVELOPMENT CORP. PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND PYLON SIGN The application of K. Charles Development Corporation for preliminary plat approval for a 17,620 square foot strip center along the southern side of Duckwood Drive, east of Krestwooa Lane, conditional use for pylon sign and arive-through for restaurant, was brought to the Council for its review. Dale Runkle detailed the application and noted the site is surrounded by CSC zoning on the northeast and to the west is the proposed Hardee's Restaurant. The plat would consist of a retail area of approximately 2.1 acres and an outlot of nearly I. acre to the south. Two entry/exit points are provided, one along Krestwood and one along Duckwood Drive. The proposal would include a fast- food restaurant, food fair type that will include a Golden Skillet and Dairy Queen. The architect and developer was present and received questions of the Council including how the road network will work within the entire development, south of Duckwooa Drive. A cross easement will be provided to the single acre to the south and there were concerns about the original plan for the parcel including the conceptual future use submitted several years ago. Access from the Hardee's Restaurant will include a 50 foot offset from the access to the proposed shopping center. Because of the questions that had arisen, Blomquist moved, Wachter seconded the motion to continue the application until the March 4, 1986 meeting, with the request that the plan be submitted covering the internal development of the parcel to the east and to the south, including access from the rear of the building, noting there were concerns about loading docks and also the driveway, and further that detail be given in relation to access from the Hardee's site to the proposed center. All voted yes. 14 Council Minutes C February 18, 1986 00061 AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT An application was submitted by Airco Industrial Gases for conditional use permit to allow two above-ground liquid storage tanks on Lot 5, of the Imre Addition, west of Trunk Highway #149 and north of Trunk Highway #55. Dale Runkle explained that the storage tanks would be used to hold liquid carbon dioxide (C02) diesel motor fuel for Airco Industrial Gases. The land is zoned PD and access to the site would be provided by a service drive connected to a frontage road, north of Trunk Highway #55. Mr. Runkle noted the revisions, including the size of the tanks having been reduced and that the Advisory Planning Commission recommended denial for reasons included in the Planning Commission minutes. Representatives of the applicant were present and pointed out that the height of the two proposed tanks has been reduced and that the exterior has a subdued appearance. The tank contents does not burn or explode, according to the applicants representatives present, and they suggested that the tanks would be less noticeable than extra tank trailers on the site. Noting the revision in the application, Wachter moved, Blomquist seconded the motion to refer the application to the Advisory Planning Commission for a new hearing on the revised proposal. All voted yes except Smith who voted no, stating there was no reason to return it to the APC. EAGAN CENTER - SITE PLAN REVIEW A site plan review considered at the last regular meeting of the Advisory Planning Commission, was submitted by Mark Ravich for the proposed Eagan Center, located on Lexington Avenue, south of Diffley Road. The proposal is for a 24,000 square shopping center, according to Mr. Runkle, but with some revisions, including a service station that would provide gas pumps at the north end of the building and also four service bays and would have access from the east side of the building. Additional landscaping and berming have been provided. Mark Ravich and Jim Curry were present and the Planning Commission recommended approval, subject to certain conditions. Smith moved, Ellison seconded the motion to approve the request for site plan review, subject to the following conditions: 1. Compliance with the City Ordinances. 2. Compliance with all city staff proposed conditions for the development. 3. Compliance with building code and all other state and building required codes. All councilmembers voted in favor. 15 Council Minutes February 18, 1986 00062 ~r WINDTREE 5TH AND 6TH ADDITION - CONTRACT #86-5 The staff submitted and recommended approval of the plans and specifications for Contract #86-5 consisting of utility improvements for Windtree 5th and 6th Additions. Wachter moved, Ellison seconded the motion to approve the recommendation of the staff and authorize its implementation, including the advertisement of bids to be opened on March 14, 1986 at 10:30 a.m. at the City Hall. All voted yes. O'NEIL POND - CONTRACT #86-7 The plans and specifications for the O'Neil pond trunk storm sewer outlet under Contract #86-7 have now been completed and staff recommended their approval. Smith moved, Ellison seconded the motion to approve the plans and specifications under Contract #86-7 and to authorize the Clerk to advertise for bids in the appropriate legal newspapers with the opening to be held on March 14, 1986 at 10:30 a.m. at City Hall. All voted yea. CITY MAINTENANCE GARAGE - CONTRACT #85-21 City Administrator Tom Hedges discussed with the Council the proposed concept design approval of the maintenance garage being planned on city property on Coachman Road. A letter from Jack Boarman Architects dated February 13, 1986 was reviewed and Jack Boarman was present to discuss the status of the plans and in addition, the project manager from the Boarman office was also present. He reviewed several schemes and projected that the building would cover the needs for approximately 10 years. There were questions from Council members but no objections. Wachter moved, Smith seconded the motion to approve the concept design for the proposed maintenance garage expansion and authorize the preparation of detailed plans and specifications. All voted yes. ON-SALE LIQUOR LICENSE POLICY - CONTINUED Councilman Smith commented on the staff report regarding on-sale liquor license policies and proposed that the Council reserve the following licenses: 1. Four on-sale liquor licenses for hotel type uses. 2. Three on-sale licenses for larger supper club sit down on-sale restaurants with a minimum real estate tax valuation of $350,000.00. 3. Two liquor licenses reserved for smaller restaurants with council approved exceptions to certain strict liquor license requirements, with the understanding, however, that the food/liquor ratio and minimum seating requirements will-be adhered to. 16 Council Minutes February 18, 1986 00063 It was understood that there are currently 18 on-sale liquor licenses authorized for the City at the current population level. Smith moved, Wachter seconded the motion to implement the foregoing schedule for reserved liquor licenses with the understanding that the staff would review the liquor ordinance and policies and attempt to consolidate the policies in either ordinance or resolution form for later council approval; such provision should include that the calculation of the minimum valuation for restaurant locations would only include a leased area of the building. All councilmembers voted in favor. TOLLEFSON BUILDERS At the time of the agenda for visitors to be heard, Carl Tollefson of Tollefson Builders, Inc. appeared and requested reconsideration of the Council's action at its February 4, 1986 meeting regarding the granting of building permits and contractor's license to Tollefson Builders. He reviewed the background of the dispute regarding sanitary sewer easements within Brittany 7th Addition and noted that Don Erickson, the contractor in the sewer project, and Bill Dolan the Engineer, were present. He stated that the easement vacation of a part of the sanitary sewer line was proposed by City staff and described the meetings held with the staff, the residential purchasers, including Mr. and Mrs. Skupa and Mr. and Mrs. Buckingham who were present at the meeting. An agreement had been drafted by the City Attorney's office and signed by Tollefson Builders, but noted that the Skupas and Buckinghams had refused to sign the hold harmless agreement. He mentioned that he understood the vacation hearing scheduled for February 4, 1986 would not be held in that the parties had not all signed the hold harmless agreement and therefore, had no representatives from Tollefson Builders present at that time. He further noted that it was proposed through the City staff that the injecting of grout into the soil near the Skupa residence has been proposed and would be completed by April 15. He objected to the temporary suspension of contractors license, particularly in that the representative of Tollefson was not present at the February 4, 1986 meeting. No action was taken RADIO EQUIPMENT Tom Hedges recommended that an agreement be entered into with Dr. Dubois to authorize and review the specifications for radio equipment for the City. Smith moved, Wachter seconded the motion to authorize the staff to implement the recommendation. All voted yes. SPECIAL COUNCIL MEETINGS Wachter moved; Ellison seconded the motion to schedule special Council meetings for the City Council at 6:30 on March 11, 1986 and 7:00 p.m. and on March 25, 1986 at the City Municipal Center. All voted yea. 17 Council Minutes February 18, 1986 00064: FISCAL DISPARITIES BILL Mr. Hedges stated that Representative Bill Schreiber has introduced proposed legislation to the 1986 Legislature that would increase the fiscal disparities contribution from the south area Dakota County cities substantially. Councilman Ellison indicated that he would review and report back to the Council on the proposed bill. PATRICK McCARTHY VS. CITY OF EAGAN - STORM SEWER ASSESSMENT APPEAL City Attorney Paul Hauge distributed a proposed Stipulation and Resolution regarding the suggested settlement of the storm sewer assessments for the McCarthy property under Project #382 covering the improvements north of Wescott Road and west of Lexington Avenue. It was proposed that the westerly 80 acres be assessed and that the easterly 80 acre assessments be withdrawn for the present and assessed at such time as development occurs on the parcel. After review, Smith moved, Wachter seconded the motion to approve the resolution and the stipulation and authorize the execution by the appropriate City officials. All members voted yes. CITY COUNCIL MEETING - MARCH 18, 1986 It was noted that March 18, 1986 is the regular political caucus night and therefore, upon motion by Blomquist, seconded Smith, it was resolved that all City Council action regarding scheduling public hearings for March 18, 1986 be revised according to the following resolution. All members voted in favor. Blomquist then moved, Smith seconded the motion to change the regular meeting of the City Council from March 18, 1986 to March 19, 1986 at 6:30 p.m. and to schedule all hearings for that meeting on the evening of March 19, 1986. All councilmembers voted affirmatively. CHECKLIST Blomquist moved, Ellison seconded the motion to approve the checklist dated February 18, 1986 in the amount of $681,024.84. All voted yes. & January 31,1986 in the amount of $248,658.81. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 a.m. All voted in favor. PHH City Jerk 18