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08/16/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA August 16, 1988 A regular meeting of the Eagan City Council was held on Tuesday, August 16, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson, and McCrea. Also present were City Administrator Tom Hedges, Assistant City Engineer Mike Foertsch, City Planner Dale Runkle and City Attorney Jim Sheldon. AGENDA McCrea moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES August 2. 1988 - Regular Meeting. McCrea requested the following corrections: 1. Page 22 - paragraph 7 - the spelling correction or the word "Karis". 2. Page 25 - paragraph 1 - the replacement of the word "residential" to the word "residual. 3. Page 25 - paragraph 3 - the first sentence should read "Egan moved, Ellison seconded, the motion to continue the comprehensive guide plan amendment and re-zoning from agricultural to a planned development district for the Galaxie Cliff Plaza, based on the consent by the developer for a continuation beyond the 120 day period." Tom Egan requested the following corrections: 1. Page 16 - paragraph 6 - "Kello" should be corrected to "Keller". 2. Page 24 - last paragraph - third sentence should read: "He feels the case is good law but based on poor facts and the City should go back and get pure LB zoning." 3. Page 25 - paragraph to be added before motion regarding his comments as follows: "Councilmember Egan asked Colbert how far the access road onto Cliff was from the Cliff intersection. Colbert responded 420 to Page 2/CITY COUNCIL MEETING MINUTES August 16, 1988 440 feet. Egan then asked if this was a distance that fell within the guidelines. Colbert responded yes. Egan asked Dale Runkle it it was true that there was no provision for a Class B restaurant within the Limited Business limitations. Runkle responded that that was correct. Egan asked if there was a distinction between Class 1 and Class 2 restaurants. Runkle responded yes and that it was described in the Code. Egan states U.S. Swim & Fitness doesn't seem to fit the Limited Business zoning requirement. He further stated that there was much rhetoric on both sides of the issue and that the issue may be overstated by both sides. He explained that before the comprehensive guide could be changed, the Council must have a rational basis. The City can review the initial comprehensive guide designation if there are changes in circumstances. He further stated that the courts would respect the Council's decision if it was rational. Egan then described the different circumstances and changes that had occurred since the original comprehensive guide designation for the area. First of all, it was comprehensive guided before 35E went through. Also, the neighboring land had been down-zoned. Egan suggested the changes of circumstances may support a comprehensive guide change. He further stated that the developer's current plan is contrary to Limited Business and suggested that the developer come in with a genuine compromise. Egan stated that one compromise position would be that anything east of the circulation drive be Residential and Limited Business would be located to the west of the circulation drive." Upon motion by Egan, seconded by Wachter, it was resolved that the minutes for the August 2, 1988, regular meeting be approved as amended. All voted in favor. POLICE DEPARTMENT/NATIONAL LAW ENFORCEMENT EXPLORER CONFERENCE The Eagan Police Explorers returned from the National Law Enforcement Explorer Conference in mid-July and announced their first place award in the area of crime prevention. Police Officer Doug Matteson, who was the advisor and responsible for the Explorer program for the Eagan City Police Department, attended the law enforcement exploring conference with the Explorers. The Explorers received a first place award in the area of crime prevention. The trophy was presented to the City Council. Mayor Ellison and all councilmembers congratulated the Explorers and the Police Department on their accomplishments. PARKS & RECREATION DEPARTMENT/PARK NAMES RECOMMENDATION City Administrator Tom Hedges stated that at its regular meeting on August 4, 1988, the Advisory Parks & Recreation Commission Page 3/CITY COUNCIL MEETING MINUTES August 16, 1988 recommended official park names for City parks in six park service areas. Councilmember Egan asked for the history behind Bridle Ridge. Parks and Recreation Director Vraa stated the park would be named after the subdivision and also the ridge line of the park. Mayor Ellison asked if there might be confusion regarding the Skyline Park and Skyline Road. Vraa stated he hoped it would not be a problem. Councilmember Wachter stated he remembered when there was only one park in Eagan and the City now has 44 parks. Mayor Ellison again stated he felt there would be a confusion regarding Skyline Park. Councilmember Wachter asked for the distance between Skyline Road and Skyline Park. Mr. Vraa stated two miles. Councilmember Egan stated the Council had accepted differences in the past. Wachter stated the Council could adopt all of the recommended park names except for Skyline Park. Councilmember McCrea suggested the name Skyhill for the park. Mr. Egan stated he felt Skyhill might be more appropriate for the park name. Councilmember Gustafson stated he preferred Skyline. McCrea moved, Egan seconded, the motion to approve the official park names for parks in six park service areas as follows: 1. Park Service Section 31W - Now identified as Winkler/Jackson: SLATER ACRES PARR 2. Park Service Section 31E - Now identified as Vienna Woods Park: KETTLE PARK 3. Park Service Section 34 - Now identified as Ohmann: GEORGE OHMANN PARK 4. Park Service Section 16 - Now identified as Blue Cross/Blue Shield: SKYBILL PARK 5. Park Service Section 14 - Now identified as Woodlands School/Park: MUELLER FARM PARR 6. Park Service Section 23 - Now identified as Bridle Ridge: Page 4/CITY COUNCIL MEETING MINUTES 0011 .13 August 16, 1988 BRIDLE RIDGE PARK (For the 18 acre park) WANDERING WALK PARK (for the open space/green belt area of park) All voted in favor. FIRE STATION NO. 4 City Administrator Hedges stated that Fire Station No. 4 was substantially completed and the final inspection was being held. Fire Chief Southorn stated there were only a few minor matters remaining to be completed and that the project would be ready to go soon. Councilmember Wachter asked for a status update regarding the volunteer drive. Chief Southorn stated there had been a few responses to some low key advertising. Mayor Ellison suggested there should be advertising in the Station No. 5 area also. AIRPLANE NOISE There was a short presentation regarding the airplane noise tour. Councilmember Wachter stated he had received numerous calls from the residents in the McKee Addition concerning the noise. CONSENT AGENDA The following Consent Agenda items were submitted and recommended to be approved: A. Plumbers' Licenses. It was recommended to approve the following plumbers' licenses: Hokanson Plumbing, Inc.; Nordic Services, Inc.; TEK Mechanical Services; and United Water and Sewer Company. B. Water Softener License. It was recommended to approve the water softener license for Milbert Company, d/b/a, Culligan Water Conditioning. C. Approve Addendum to List of Election Judges for Primary Election. It was recommended to approve the addendum to the list of election judges for the September 13, 1988, primary election, as follows: Page 5/CITY COUNCIL MEETING MINUTES August 16, 1988 DEMOCRATS INDEPENDENTS REPUBLICANS Oliver McCulloch JoAnn Bloch Gladys Byrnes Kristin McCleary Jean Kimber Walter Lawrence Marcia Miller Janet Schuetze Kathleen Daly D. Gambling License Renewal. Lions' Club of Eagan/Cedarvale Lanes. Inc. It was recommended to approve the application for renewal of gambling license by the Lions' Club of Eagan operating at Cedarvale Lanes, Inc. E. Received Bid, Award Sale of Sauad No. 3. It was recommended to designate Squad No. 3 as surplus property and sell it to Suburban Auto Sales for $1,511.00. F. Project 551, Received Petition/Order Feasibility Report and Detailed Plans (Remick Addition - Utilities) . It was recommended to receive the petition and authorize the preparation of a feasibility report and detailed plans for Project 551 (Remick Addition - Utilities). G. Contract 87-39, Approve Change Order No. 4 (Fire Station No. Al. It was recommended to approve Change Order No. 4 to Contract 87-39 (Fire Station No. 4) for an additional amount of $1,727.28 and authorize the Mayor and City Clerk to execute all related documents. H. Approve Budget. Gun Club Watershed Management Organization. Councilmember McCrea questioned it the amount was an increase or if it were remaining the same as previous years. City Administrator Tom Hedges stated the amount was a reduction over past years. It was recommended to approve the proposed 1989 budget for the Gun Club Lake WMO. I. Contract 88-25, Receive Bids/Award Contract (South Dodd Road - overlay). Councilmember Wachter stated he had concerns regarding the surfacing. Mayor Ellison stated that Don Clark informed him he was missing calls with the staff and wanted to be included on the project updates. Assistant City Engineer Mike Foertsch stated the contract has three parts. He questioned if the City should pave more road than 0. odi. Page 6/CITY COUNCIL MEETING MINUTES August 16, 1988 the contract allowed. In particular, he questioned paving the south part of Dodd Road and Farm Road. He asked the Council if they should pursue paving more or if they should go with what the contract stated. Mayor Ellison stated he felt it would never be cheaper. Councilmember Gustafson stated he felt the abutting property owners should agree. Foertsch questioned what happened if the abutting property owners disagreed. Mayor Ellison stated at that point the City would assess. Councilmember Egan asked if the property owners were properly noticed. Mr. Foertsch stated no. Mr. Egan stated the Council could approve the matter subject to a change order if the property owners disagreed. It was recommended to receive the bids for Contract 88-25 (South Dodd Road - Overlay) and award the contract to Preferred Pavings, Inc. in the amount of $54,823.60. J. Project 547A. Contract 88-31, Receive Report/Approve plan/Authorize Ad for Bids (Well No. 12)-. Councilmember Wachter questioned if there would be gas as well as electric to be used as a standby. Assistant City Engineer Mike Foertsch stated the staff was looking into a standby. Councilmember McCrea stated the location was in a residential area and questioned if the neighboring residents had been notified regarding the noise concern. Mr. Foertsch stated a sound wall will be constructed and that City staff will notify the property owners. It was recommended to receive the report for Project 547A (Well No. 12) , approve plans for Contract 88-31 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Wednesday, September 14, 1988. K. Contract 88-30. Approve Plan/Authorize Ad for Bids (South Oaks - Streets and Utilities). It was recommended to approve the plans for Contract 88-30 (South Oaks - streets and utilities) and authorize the advertisement for a bid opening to be held on September 15, 1988, at 11:30 a.m. L. Project 552. Receive Petition/Order Feasibility Report (ECIP No. 3 - Watermain and Storm Sewer). It was recommended to receive the petition for Project 552 (ECIP No. 3 - watermain and storm sewer) and authorize the preparation of a feasibility report. M. Approve Final Plat. Beau De Rue Drive Plat. It was recommended to approve the final plat for the Beau De Rue plat and authorize the Mayor and City Clerk to execute all related documents. R-88.62 Page 7/CITY COUNCIL MEETING MINUTES August 16, 1988 00, 1160 N. Approve Final Plat. Hosford 1st Addition. It was recommended to approve the final plat for the Hosford 1st Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.63 0. Project 543. Receive Report/Order Public Hearing (Prettyman Heights - Streets). It was recommended to receive the feasibility report for Project 543 (Prettyman Heights - streets) and schedule a public hearing to be held on September 19, 1988. P. Approve Final Plat, Town Centre 70 Tenth Addition. It was recommended to approve the final plat for Town Centre 70 Tenth Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.64 Q. Receive Petition/Order Public Hearing (Mendota Wagon Road). it was recommended to receive the petition to vacate Mendota Wagon Road and order a public hearing to be held on September 19, 1988. R. Receive Petition/Order Public Hearing (Portion of Cedarvale Drive). It was recommended to approve the proposed vacation of part of Cedarvale Drive and order a public hearing to be held on September 19, 1988. S. Receive Assessment Roll/Order Public Hearing (Delinquent Weed Cutting Bills)-. It was recommended to receive the final assessment roll for delinquent weed cutting bills (Parcel No. 10-17406-100-01/$136.00; Parcel No. 10-16602-050-01/$96.00; and Parcel No. 10-64600-110-01/$80.00) and schedule a public hearing for September 19, 1988. T. Receive Assessment Roll/order Public Hearing (Delinquent Utility Bills). It was recommended to receive the final assessment roll for delinquent utility bills (attached to the minutes as Exhibit A) and schedule a public hearing for September 19, 1988. Page 8/CITY COUNCIL MEETING MINUTES August 16, 1988 Wachter moved, Gustafson seconded, the motion to approve the foregoing Consent Agenda items and authorize their implementation. All voted in favor. PROJECT 478, FINAL ASSESSMENT HEARING (LEXINGTON HILL - SANITARY SEWER) Assistant City Engineer Mike Foertsch stated that due to the inability to meet the required published and mailing notification requirements for the final assessment hearings for this project, it was necessary to continue the public hearing to September 6, 1988. McCrea moved, Egan seconded, the motion to continue the final assessment public hearing for Project 478 (Lexington Hill - Sanitary Sewer) to September 6, 1988. All voted in favor. PROJECT 479, FINAL ASSESSMENT HEARING (LEXINGTON/NORTHVIEW PARK - TRUNK STORM SEWER) Assistant City Engineer Mike Foertsch stated that due to the inability to meet the required published and mailing notification requirements for the final assessment hearings for this project, it was necessary to continue the public hearing to September 6, 1988. Gustafson moved, Wachter seconded, the motion to continue the final assessment public hearing for Project 479 (Lexington/Northview Park - Trunk Storm Sewer) to September 6, 1988. PROJECT 461, FINAL ASSESSMENT HEARING (YANKEE DOODLE ROAD/I-35E TO LEXINGTON AVENUE - STREETS) Assistant City Engineer Mike Foertsch stated that due to the inability to meet the required published and mailing notification requirements for the final assessment hearings for this project, it was necessary to continue the public hearing to September 6, 1988. Gustafson moved, McCrea seconded, the motion to continue the final assessment public hearing for Project 461 (Yankee Doodle Road/I-35E to Lexington Avenue - Streets) to September 6, 1988. All voted in favor. PROJECT 544, MALLARD PARK 3RD ADDITION (STREETS LIGHTS) Mayor Ellison opened the public hearing regarding Project 544, Mallard Park 3rd Addition (street lights). City Administrator Tom Hedges stated that on July 19, 1988, the feasibility report for this project was received and a public hearing was scheduled for August 16, 1988. He further stated all notices had been published in the legal newspaper and sent to all affected property owners informing them of the public hearing. Page 9/CITY COUNCIL MEETING MINUTES 004, fi 3 August 16, 1988 Assistant City Engineer Mike Foertsch stated the project is feasible and in accordance with the City's policy on the installation of street lights in residential areas. He stated residents on Drake Drive had petitioned for the installation of the street lights. He stated the addition contained 16 lots which would benefit from street lighting. The area was developed before the City of Eagan adopted a comprehensive street lighting policy. Since the enactment of the policy, all new additions have been required to install street lights. The policy has a provision enabling older additions to petition for street lights. Under the provision, the cost of street light installation is assessed against the benefited lots and the energy charge is paid quarterly by the residents along with their water and sewer bill. The energy needs for Drake Drive are serviced by Dakota Electric Association who offers the type of street lighting poles, lighting fixtures and the necessary maintenance service required by the City for residential street lighting in accordance with the City of Eagan street lighting policy. It is proposed that four street lights be installed. Mr. Foertsch stated the estimated cost of the project would be $2,400.00. Bev Hanson, 1741 Drake Drive, questioned why the residents on Drake Drive should pay for lighting on the other side of the street. Mr. Foertsch stated it is City policy to light the intersections. The locations of the lights was based on present wiring. Councilmember McCrea suggested assessing all benefited properties including the Woodgate area. Councilmember Egan stated the Woodgate residents had not been notified of the public hearing. Jeanette Jordan, 4397 Woodgate, stated she did not want the light and requested the Council move it. Mayor Ellison questioned if moving the light would increase the cost. Mr. Foertsch stated it would not increase the cost. Mr. Egan stated the light should be moved. Councilmember Gustafson stated that the residents on Drake Drive wanted the street lighted and suggested moving the intersection light across the street. Gustafson moved, McCrea seconded, the motion to close the public hearing and approve Project 544 (Mallard Park 3rd Addition - street lights) and authorized the preparation of detailed plans and specifications, subject to moving the street light at the intersection of Woodgate and Drake Drive to the corner of Drake Drive. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter was opposed. PARTIAL VACATION OF PUBLIC RIGHT-OF-WAY, CEDARVALE BOULEVARD Mayor Ellison opened the public hearing regarding the partial vacation of public right-of-way, Cedarvale Boulevard. City Page 10/CITY COUNCIL MEETING MINUTES August 16, (XIM171 Ic 9 Administrator Tom Hedges stated the public hearing was originally scheduled for August 2, 1988, but was continued to August 16, 1988, so that the matter could be discussed in conjunction with the variance for parking lot improvements for the Cedarvale Shopping complex item under old Business. He stated the applicant no longer desired to pursue the variance to City standards for parking setbacks, curb and gutter and landscaping requirements. The excessive right-of-way is a result of the jurisdictional turnback of Old Trunk Highway 13 which was subsequently relocated with the construction of the Cedar Avenue freeway interchange. By vacating the excess right-of-way, the owners of the Cedarvale Shopping Center complex can expand and improve their parking lot facilities. Mr. Hedges stated all notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of the proposed vacation of the excess right-of-way. He stated there are existing private utilities located within the area proposed to be vacated. He stated the resolution vacating the right-of-way, if approved, should reference the vacation of "street" rights while still retaining the necessary underlying utility easements. Mr. Hedges stated Dave Brown stated he would not spend the dollars for a new MTC site. He stated Mr. Brown requested continuance of the vacation indefinitely. Mayor Ellison stated the continuance may last for a long time. Mr. Hedges stated it could be for one year and that Mr. Brown understood that. Assistant City Engineer Mike Foertsch questioned if a hearing could be held with no decision. City Attorney Jim Sheldon stated the Council could continue the matter for a reasonable period, but not indefinitely. Mr. Sheldon stated reasonable is two months at the most and that the matter would have to be republished in the paper. Councilmember Egan stated he felt a denial was in order. Mr. Hedges stated he would explain to the petitioners what the effect of a denial would be. Councilmember McCrea asked how much it would cost to reapply. Mr. Hedges stated approximately $300.00, but the cost could be waived. Councilmember McCrea stated she felt the merchants were having a tough time and that the City should help them wherever possible. Egan moved, Wachter seconded, the motion to close the public hearing and deny the partial vacation of public right-of-way for Cedarvale Boulevard. All voted in favor. VARIANCES FOR PARKING LOT IMPROVEMENTS (CEDARVALE BOULEVARD) No action was taken on the parking lot improvements for Cedarvale Boulevard as the application was withdrawn. Page 11/CITY COUNCIL MEETING MINUTES August 16, 1988'; 04!7-0 COMPREHENSIVE GUIDE PLAN AMENDMENT, RAHNCLIFF 2ND ADDITION/AUSTIN COMPANIES City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at its regular meeting on June 28, 1988, to consider a comprehensive guide plan amendment and re-zoning of 5.6 LB (Limited Business) and 11.2 RD (Roadside Business) acres to a commercial planned development district and a preliminary plat entitled RahnCliff 2nd Addition. He stated the APC recommended approval of the applications. Mr. Hedges stated the City Council considered the matter at their regular meeting of July 19, 1988, and continued the matter to the August 16, 1988, meeting. The purpose of the continuance was to allow Council review of the recently completed retail/commercial study. The study was reviewed on Monday, August 15, 1988. City Planner Dale Runkle informed the Council the proposea site is located between Rahn Road and Highway 35E along the south side of Cliff Road. The uses proposed for the development are consistent with the existing zoning districts. The planned development zoning allows the City the opportunity to review the overall development at this time as opposed to individual requests on each lot. Architectural landscaping and signage compatibility will be addressed with the plat. Mr. Runkle stated the site is very flat and highly visible from Highway 35E. Access would be primarily from the previously constructed RahnCliff Court and to secondary drives connecting to Rahn Road. Shared parking areas provide 832 stalls, well above the amount required by Code which is 730 to 815 stalls. Mr. Runkle described the breakdown of each area and the proposed use to the Council. He stated access and cross parking easements needed to be approved by the City. Mayor Ellison questioned if the southern portion which is now Limited Business was previously Roadside Business. Mr. Runkle stated Mayor Ellison was correct and that the entire area was previously Roadside Business and that the developer was now trying to create a buffer with mixed uses. Ray Williams, developer, stated that the improvements to the general area were discussed with the staff. He stated they are trying to blend the gas station in with their entire development. He further stated a planned development would give the Council more control. Mr. Williams presented the development plans to the Council. Councilmember Egan asked Mr. Williams to clarify which building would not be retail. Mr. Williams discussed the matter with the Council. Page 12/CITY COUNCIL MEETING MINUTES Jr- August 16, 1988 Councilmember Gustafson had questions regarding the street circulation and access. He asked if the entrance would be closed or would a median be extended. The developer stated that he was not sure at this time. Councilmember Wachter stated he felt the median should be extended all the way down to prevent left turns. He further stated he feels the traffic on the entire parcel should be directed to the intersection and felt the development was premature as Cliff Road cannot handle all of the traffic. He feels Cliff should have at least six lanes. Councilmember McCrea questioned if Mr. Wachter's concerns had been addressed by the staff or the developer since the last Council meeting. The developer stated they are in conformance with staff requirements and are willing to pay their fair share for the intersection improvement. He stated they had not received much direction from the County. Mayor Ellison asked Mr. Foertsch how many lanes would be added to the intersection. Mr. Foertsch stated the upgrade to Cliff Road is still indefinite but that improvements have begun on the intersection. Councilmember Egan asked Mr. Foertsch what effect the traffic would have on the transportation plan projections for the intersection. Mr. Foertsch stated it is unknown at this time. Councilmember Egan asked if the SEH Report considered this amount of retail would be constructed. Mr. Foertsch stated he was not sure. Councilmember Egan questioned if there was a traffic problem, would the traffic start detouring into the residential areas. Mr. Foertsch stated there was the potential for this happening. Steve Brown, 2091 Pin Oak Drive, stated he had concerns regarding the traffic in the area and he stated he feels the traffic had doubled since he first moved into the area. He was concerned regarding the children's safety. He felt there is too much retail in the area already and that Target had destroyed the area. He is concerned that Eagan is pro-development. The developer stated the Roadside Business designation had been in place for 20 years and that they had voluntarily downgraded the 20 acres to Limited Business as a buffer. Councilmember McCrea stated the zoning is there already and that the developer has asked for a planned development. She stated a planned development gives the Council more control compared to some other type of non-planned developments which are not uniform. She asked the developer to confirm that the gas station sites' appearance would be improved. The developer stated the appearance would be improved and he then explained to the Council and the audience the plans. Page 13/CITY COUNCIL MEETING MINUTES August 16, 1988 Councilmember McCrea questioned if the 12,000 square feet of retail would be reduced to Limited Business. The developer stated she was correct and that a medical clinic was presently in the works. Councilmember McCrea stated she had concerns regarding the traffic conditions and questioned if a condition could be made that the stop light must be constructed before the planned development begins. Assistant City Engineer Mike Foertsch stated he felt the light would be functional by that time. Stephanie Thorston, 20090 Indian Lane, had traffic concerns regarding Rahn Road and Pin Oak Road. The developer stated it did not seem logical to him to enter a residential area as it would not be a shortcut. Mayor Ellison asked Mr. Foertsch if there was much detour traffic. Mr. Foertsch stated most traffic would stay on Cliff Road. Councilmember Gustafson stated he would like a right turn-in, right-out to continue. He feels the traffic will increase and that the Council cannot penalize the current project for a past development. He stated population is increasing and the Council must do the best they can with what they have. David Harris, 4895 Safari, stated he felt the traffic could be diverted by making a one-way street to discourage southern flow. The developer stated there is a two-way flow for safety reasons. Councilmember McCrea questioned if the roads would need to be altered. The developer stated no. Mayor Ellison asked City Planner Dale Runkle to describe the commercial study for the area. Mr. Runkle explained the overview of the retail study and stated the Cliff area would support additional development. Councilmember Egan stated safety was the main concern and felt the development may be premature. He stated he was excited after his initial viewing of the project. However, he feels this is an area for future development and that staff is not comfortable enough with the Cliff and Rahn intersection for his satisfaction. He feels there should be more study on the traffic flow and stated he feels there are many plusses but a few minuses as well. Councilmember Gustafson stated a one-way would require a round-about flow thereby increasing Cliff traffic. Councilmember McCrea asked if staff knew what was required to obtain a first class hotel in the area. City Administrator Tom Hedges stated that from past research hotels probably would not come to the area. Page 14/CITY COUNCIL MEETING MINUTES 0,1 August 16, 1988 Gerald Smith, 2007 Vienna, presented a petition to the Council and questioned the zoning. Dale Runkle explained the different zoning sites. Mr. Gustafson stated there was a down-zoning from retail business to Limited Business. The developer explained the zoning history to the Council and the audience. Mayor Ellison stated the area was always zoned commercial, the question is what type of commercial. He stated this project would give control to the City and that the staff is very impressed with the quality of the development. He agreed the intersection is bad and that the reason was because of the Cub/Target development and not this development. He stated the uses are uses that the City can use and that the Council should give a little to get a little. Mr. Brown requested an impact study be conducted regarding the traffic for Vienna Woods. Mayor Ellison stated that both staff and the developer had studied the impact on the intersection and questioned if the developer could do a further study. The developer defined the studies that could be conducted which included circulation, traffic increase, and the type of traffic. He further stated a gross traffic increase study was conducted and that there would not be a change of the grade of traffic flow, however, it would increase about 8%. The traffic studies were discussed further by the Council and the developer. Councilmember Wachter stated Vienna Woods would be impacted by the neighbors' detouring. Councilmember Egan stated he felt an intersection study was crucial and there seemed to be a question concerning this site's overall traffic impact. He stated he would like to see exactly what type of improvements would be made and felt the matter deserved more study. Mayor Ellison stated that estimating traffic flow is an inexact science. He stated he felt changes to the roadway should be made at the present time and billed to the developers in the area. The attorney for the developer informed the Council of the traffic expert's credentials. Councilmember McCrea stated she would like to see a condition that the stop light would be installed before the development. She stated she would prefer to see a condition on the approval rather than rejection of the development. The developer stated he would be agreeable to conditions on Rahn and Cliff Road. Mr. Egan asked Mr. Runkle if the matter could be approved independently. City Administrator Hedges stated it could be a Page 15/CITY COUNCIL MEETING MINUTES 0 4" August 16, 1988 condition of the planned development. Assistant City Engineer explained the Cliff Road improvements. City Administrator Tom Hedges explained the procedure for action and stated if the proposal was approved, other actions could be contingent on the successful planned development. Mayor Ellison questioned why the change from the past. City Attorney Jim Sheldon stated it would give the City and the developer a definite idea of what to expect. The developer stated he agreed. Councilmember Egan stated that two conditions for planned development approval, among others, should be that Outlot B is downgraded and a good traffic plan is made. Colwell Banker representative stated the tenants would leave the development if there was a one-way road. Councilmember McCrea requested that lighting and landscaping be included in the PD Agreement. A question from the audience was raised asking how to change the traffic flow. City Administrator Tom Hedges stated it must be examined carefully by staff. Ellison moved, McCrea seconded, the motion to draft a planned development agreement for Council consideration at the September 6, 1988, city Council meeting. If the planned development agreement meets all conditions of the City, the re-zoning and preliminary plat would be approved. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Councilmember Wachter stated he voted against because there is a safety problem in connection with the development which he feels was not adequately addressed. He feels the development should be delayed until the completion of the Target/Cub project. He feels the traffic assessment is premature. GENERAL OBLIGATION AND SPECIAL ASSESSMENT BOND SALE DATE City Administrator Tom Hedges stated upon selection of Springsted as the City's new financial consultant, work was begun on structuring a bond sale for the fall of 1988. Proposed to be included in the bond sale are $1,850,000.00 of general obligation bonds and $13,400,000.00 of special assessment improvement bonds. The general obligation bonds which were approved in the referendum of May 28, 1987, are for the purpose of financing the purchase of land, constructing and furnishing two fire stations and purchasing pumpers and related equipment. The special assessment bonds, all of which will be paid by assessments against benefiting property owners, are for the purpose of financing numerous public improvements which are Page 16/CITY COUNCIL MEETING MINUTES August 16, 1988 either under construction or have been constructed. A sale date of September 19, 1988, had been selected with bids open during the day and the bids awarded at the regular City Council meeting on that date. Mr. Hedges further stated that a bond sale rating trip to New York had tentatively been scheduled for September 7 and 8 to present updated information about the City and its financing requirement to Moody's and Standard & Poor pending additional review and City Council authorization. Mr. Hedges stated that given the size of the issue and the fact that the last in-person presentation was made in 1985, it is felt that the trip would be appropriate and in the City's best interest. Gene VanOverbeke informed the Council on what assessments the bonds related to. Councilmember Wachter had questions regarding the general obligation bonds and the following statement "No rate for any maturity shall be more than one percent lower than any prior rate." Mr. VanOverbeke stated this statement prohibits front-end loading of bond interest. Councilmember Gustafson questioned how many people would be going to New York. Mr. VanOverbeke stated it was up to the Council's discretion and that in the past two staff members, two Councilmembers, the City Administrator and VanOverbeke would attend from staff. Mr. Hedges explained the New York presentation. Gustafson moved, Wachter seconded, the motion to schedule a bond sale for September 19, 1988, at which time bids will be opened and awards considered for the sale of $1,850,000.00 general obligation bonds and $13,400,000.00 special assessment improvement bonds. All voted in favor. Gustafson moved, McCrea seconded, the motion to authorize a rating trip to New York for City staff and Council member (s) as deemed necessary by the City Administrator. All voted in favor. 1988 CITY CODE REVISION City Administrator Tom Hedges stated staff and City Attorney Sheldon had met with representatives of Municipal Ordinance Codifiers to incorporate ordinance additions and modifications made by the City Council since last year. He further stated two ordinances were recommended for consideration by the Codifier to bring the Code into compliance with state law. The first ordinance would be incorporated into Chapter 1 and increases the penalty for a petty misdemeanor from $100.00 to $200.00. A second ordinance would be incorporated into Chapter 5 by modifying the definition of an "exclusive liquor store", Page 17/CITY COUNCIL MEETING MINUTES ~3~? `tea August 16, 1988 allowing a resident alien to hold a liquor license and clarifying language regarding hours and days of sale. Councilmember Gustaf son questioned the ordinance regarding Chapter 4(2). He asked if a survey would be required for mere additions. Mr. VanOverbeke stated the ordinance should be codified and then amended. He further stated the ordinance would be interpreted liberally by staff. Councilmember Wachter stated he felt it would be wrong to require a certificate of survey on additions. Mayor Ellison asked Mr. Wachter if he was satisfied with the staff interpretation. Mr. Wachter stated yes. Gustafson moved, Egan seconded, the motion to approve an ordinance amending City Code, Chapter 1, to increase the maximum penalty for a petty misdemeanor from $100.00 to $200.00 and to direct the publication of the ordinance. All voted in favor. Egan moved, Wachter seconded, the motion to approve an ordinance amending Chapter 5 of the Eagan City Code pertaining to the definition of an exclusive liquor store, ownership of a liquor license by a resident alien and clarifying language pertaining to hours and days of sale for beer, wine and liquor and directing the ordinance to be published. All voted in favor. McCrea moved, Egan seconded, the motion to approve amendments to the Eagan City Code, Chapters 1-6, 9 and 13, incorporating ordinances 50-65. All voted in favor. WESCOTT HILLS FEDERAL TAX CREDIT City Administrator Tom Hedges stated the City had received a request from the Dakota County HRA for a comment concerning an application by JA Development for federal income tax credits for low-income housing, a program which is administered by Dakota County. The credits are a part of the tax act of 1986 and is intended to support and encourage the continuation of low-income housing opportunities. Mr. Hedges stated the application pertains to properties under construction by JA Development located in Wescott Hills revised 3rd Addition, lots 11-14. Mr. Hedges stated that if the City Council chose to make positive comment to the Dakota County HRA regarding this application, City staff would recommend consideration of certain objective criteria to be applied to this and future requests for such credits. Page 18/CITY COUNCIL MEETING MINUTES August 16, 1988 Jeff Johnson, JA Development, outlined the purposes of the federal income tax credits. He stated the developer wanted to provide improvements to the buildings. Councilmember Wachter asked for construction details. He recommended only a high density material for wood exteriors. Councilmember McCrea welcomed JA Development and stated that not many developers came before the Council for such a purpose. She requested financing details. She further asked what income guidelines would be used. Carrie Fisher, Dakota County HRA, outlined the income guidelines for families. Councilmember Egan questioned which units were being discussed. He asked if they were the units closest to Yankee Doodle. The developer stated the units in question were behind the units Mr. Egan was discussing. Councilmember Egan asked the developer if the money would be applied to the existing units. The developer stated it would apply only to units built in 1988 and not the old units. Egan questioned if it would apply to future units. The developer stated it would apply only to the present 16 units. The developer further stated they had anticipated this money in building the units. Councilmember Wachter commended the developer on the windows. Mr. Wachter stated they were the best windows made today. Councilmember Egan stated he felt the tax credit would assist the City housing policy, it enhances compliance with existing building codes, and there was no cost to the City. He felt they were all plusses. Egan moved, Wachter seconded, the motion to approve the following criteria for consideration of applications for federal low-income housing tax credits and to make positive comment to the Dakota County HRA regarding JA Development's application for low-income housing tax credits: 1. Low income housing tax credits may be used only for rehabilitation or upgrade of existing projects or to enhance subsequent phases of existing projects. 2. Applicants for low income housing credits should demonstrate that the credits will serve to reduce the density of multi-family developments. 3. Applicants' projects should exceed exterior finish requirements. Page 19/CITY COUNCIL MEETING MINUTES August 16, 1988 4. Applicants' projects should exceed landscape requirements and/or open space requirements. 5. Low income housing credits may be used only for two to three bedroom homes/units to provide low income housing opportunities for families. 6. No more than 45% of units occupied must be occupied by low and moderate income persons/families. All voted in favor. Councilmember Egan asked if the credits were applicable to existing or future construction. A representative from BRA stated both. City Administrator Hedges stated the present approval was only for the present units. The developer would have to re-apply. VARIANCE/SCOTT AND ANN STROMMEN Mayor Ellison stated the Planning Department had received an application from Scott and Ann Strommen to allow a 10-foot variance to a 30-foot setback from the public right-of-way at 4036 Northview Terrace, Lot Eleven (11), Block Three (3), Lexington Parkview Addition. City Planner Dale Runkle stated the purpose for the variance would be to allow the Strommens to construct a 1,533 square foot home on Lot 11, Block 3, Lexington Parkview Addition. Mr. Runkle stated because it was a corner lot, the 12,600 square foot lot has 225 feet of frontage along Northview Terrace; therefore, there is a 30-foot setback on two sides of the home. The house would meet or exceed all other setback and lot coverage requirements and would not encroach any drainage and utility easements. He further stated the applicants were pleased with the location and the original house plans were drawn prior to knowing about the 30-foot setback on the west side. He stated any new house plans drawn would cost the applicants $400.00 and would also cause a delay in their building schedule. Council member Wachter asked Mr. Strommen why the plans were drawn as they were. Mr. Strommen stated it was a misunderstanding on his part. Councilmember McCrea questioned if turning the house would put the house out of alignment with the neighboring homes. Councilmember Wachter stated he felt it could be done. Mayor Ellison asked when Lexington Parkview was approved. Mr. Runkle stated 1987. Mayor Ellison stated he felt the Council wanted the developers to not produce odd lots. Mr. Wachter stated the driveway was too 002=.: Page 20/CITY COUNCIL MEETING MINUTES August 16, 1988 close to the curb. Brad Swenson stated the developer was not encouraging the variance. Councilmember McCrea stated she could not see a hardship. Councilmember Egan stated the $400.00 cost would be the only hardship he could see. He stated he felt the lot was not that unusual. Mr. Wachter stated he felt a different plan could be used. Wachter moved, Egan seconded, the motion to deny a variance for Scott and Ann Strommen to allow a 10-foot variance to a 30-foot setback from the public right-of-way at 4036 Northview Terrace, Lot Eleven (11), Block Three (3), Lexington Parkview Addition. Wachter, Egan, and Ellison voted in favor; McCrea and Gustafson voted against. SPECIAL PERMIT EXTENSION/EAGAN CHRISTIAN CENTER City Administrator Tom Hedges stated the Planning Department had received an application from the Eagan Christian Center requesting a two-year extension of its special permit to allow church activities in an I-1 Limited Industrial district located at Tract F of Cedar Industrial Park RLS. City Planner Dale Runkle stated the application submitted by Pastor Jay Zinn requested a two-year extension of their recently expired permit. The original permit was applied for in July of 1986 and gained approval at the August 19, 1986, City Council meeting. That permit allowed the Eagan Christian Center to hold meetings Sunday mornings and Thursday evenings in a Limited Industrial District. Mr. Runkle stated it was not the intention of the applicant to make this location their permanent location. The church, during the two-year time period, would eventually purchase their own property and build a meeting facilities. Mr. Runkle stated that if the application was approved, the special permit should be subject to the following conditions: 1. The temporary special permit shall expire two years after approval. 2. The permit shall be subject to all Code requirements. Councilmember Gustafson asked what the time frame was to buy and build. The developer stated he was unsure at this time. Mayor Ellison asked if the applicant would return in two years for an extension. The applicant stated it was not the plan at the present time. McCrea moved, Gustafson seconded, the motion to approve a two-year special permit extension for the Eagan Christian Center to allow a church facility in a Limited Industrial District, subject to the following conditions: Mi. 1-0 Page 21/CITY COUNCIL MEETING MINUTES August 16, 1988 1. This temporary special permit shall expire two years after approval. 2. The permit shall be subject to all Code requirements. All voted in favor. WAIVER OF PLAT/LOT SIX, BLOCK ONE, CINNAMON RIDGE 6TH ADDITION Mayor Ellison stated an application had been received for a Waiver of Plat from Zachman Brother Construction Company, Inc. for a duplex lot split to allow individual ownership on Lot 6, Block 1, of Cinnamon Ridge 6th Addition. Wachter moved, Gustafson seconded, the motion to approve the Waiver of Plat for Lot 6, Block 1, of Cinnamon Ridge 6th Addition. All voted in favor. R-88.65 PRELIMINARY PLAT/RE-PLAT/CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at its July 26, 1988, regular meeting to consider a preliminary plat/re-plat of Cedar Cliff Commercial Park 5th Addition as requested by the Federal Land Company. He stated the re-plat would modify the boundaries of the current two lots contained within the subdivision increasing the size of Lot 1 and decreasing the size of Lot 2. He stated the APC recommended approval of the re-plat. City Planner Dale Runkle stated the application submitted requested a preliminary plat consisting of two lots along the north side of Cliff Road at the Cedar Cliff Shopping Center. He stated the preliminary plat would add 45 feet to the west property line of the Dakota County State Bank. He further stated that although a Waiver of Plat would have achieved the same result, platting was a necessity for the bank's financing requirements. Since this re-plat incorporates a portion of the shopping center's drive isle, a cross easement should be provided with the final plat submission. Lot 1 would contain 4.16 acres and Lot 2 would be increased to 0.53 acre. The applicant stated he was concerned with the proposed assessments and did not feel they were fair. He stated Cliff Road upgrade was a future project and that nothing had occurred since the original assessments. Mr. Hedges stated the City has, in the past, assessed for future improvements. He stated trunk storm sewer is a supplemental assessment. Mayor Ellison questioned the legality of the proposed assessments. City Attorney Jim Sheldon stated he saw no reason to Page 22/CITY COUNCIL MEETING MINUTES August 16, 1988 change the past practice of the City but had not researched the matter in detail. Councilmember Egan stated he felt it was City policy to not assess for a charge of this type. The applicant questioned that if they did not re-plat, would there be an assessment. Assistant City Engineer stated there would be no assessment. Mayor Ellison stated he felt it was inappropriate to assess for Cliff Road but that they should assess now for the missed assessment. Councilmember Egan stated the City should not assess if there are no improvements. Gustaf son moved, Wachter seconded, the motion to approve the preliminary plat/re-plat of Cedar Cliff Commercial Park 5th Addition,, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: B-1, B-3, C-i, F-1, and G-1. 2. A cross easement shall be provided along the western property line of Lot 2. All voted in favor. The Council discussed the assessment motion and the matter was sent to staff for clarification. PRELIMINARY PLAT/HIGHVIEW PARK ADDITION City Administrator Tom Hedges stated the Advisory Planning Commission at its last regular meeting on July 26, 1988, held a public hearing to consider a preliminary plat for Highview Park Addition/Mildred S. Hanson consisting of three lots on a 2.27 R-1 single family acres. The APC recommended denial of the application. City Planner Dale Runkle stated Lot 7 originally was approved as a single home site. Other lots in the area had been split one time; all are at least 100 feet wide. The lots as proposed meet the R-1 requirements of 12,000 square feet and are 85 feet wide at the 30-foot setback line. However, if a line is drawn between the existing home on Lot 7 and the home on Lot 6, the lots are only in the 80 foot to 85 foot width area. The major concern regarded the large lot integrity of the original Highview Acres Addition. When Highview Avenue was improved in the early 1980s, one utility service was provided in anticipation of one split to the lot. Page 23/CITY COUNCIL MEETING MINUTES August 16, 1988 Gloria Fritz, real estate broker representing the applicant, explained and demonstrated how the development met all setback requirements. She presented to the Council a copy of the City Codes which had been provided by City staff. John Camp, Tri-Land Survey, demonstrated how all Codes were met by the preliminary plat. Mayor Ellison asked City Planner Dale Runkle if it did meet Code. Mr. Runkle stated staff felt it did not meet the proper width. Councilmember Egan stated there was a factual question and asked if the garage could be relocated. The applicant stated it could be relocated, however, the driveway would be inconvenient. Councilmember Wachter asked if there was a home on Lot 8. The applicant stated there was a home on Lot 8. Mr. Wachter stated that if the garage was moved, the line could be moved over. The applicant stated that it was an existing garage and that the 85 foot frontage is met at the 30-foot setback. Mr. Runkle stated the requirements as to the width would be met. Mayor Ellison asked if staff would be comfortable with that and Mr. Runkle stated yes. Jim Nickle, 1426 Highview, stated his lot abutts the addition. He submitted a detailed letter to the Council. He stated Highview has large lots and he wants to maintain the lot size in the area. He outlined several items for the Council to consider. Councilmember Wachter stated the lots were split in his area and that if assessments come, large lots are not as desirable. He stated two lots would solve the problem. Mayor Ellison questioned if there were grounds to reject. City Attorney Jim Sheldon stated that if the applicant met the requirement, Council has the discretion to determine if the lot lines are "substantially" at right angles. Councilmember Egan asked how the Council could flaunt their own requirements. He stated the lots still qualified for estate zoning and that they are large lots. He stated he felt the problem could be resolved if the garage were removed. Councilmember Gustaf son stated that if the garage were moved, there would be 85 feet all the way through and he would feel more comfortable with the proposal. Councilmember Egan stated it was a factual dispute which existed and that if Code was met on the setback, he felt the Council could not set a 100 foot width requirement on the lot. Page 24/CITY COUNCIL MEETING MINUTES c0 August 16, 1988 Councilmember McCrea stated that it was the intent of the requirement to make sure the house has enough room. Paul Twommy stated the lot sizes are not consistent with the neighborhood. Councilmember Egan stated the Council must act reasonably according to the law, or the courts will force the law upon the City. He stated the lots are not by any sense small lots. Dr. Craig Sollberg stated the other homeowners should be considered and he recommended denial of the triple split. Brad Swenson stated the developer was willing to move the garage and straighten the lines. Councilmember Gustafson stated there are two matters to be considered, (1) the wishes of the homeowners and (2) the character of the neighborhood. He stated those two matters would have to be balanced against the laws. He stated he was hard-pressed to deny the proposal. McCrea moved, Egan seconded, the motion to approve a preliminary plat for Highview Park Addition/Mildred S. Hanson consisting of three lots on 2.27 R-1 single family acres, provided the lots' width meet or exceed the 85 foot requirement throughout. All voted in favor. The applicant stated they might not be able to meet the condition. Scott Ilde stated the neighbors should consider adopting covenants to protect future splitting. PRELIMINARY PLAT/WOODLANDS 2ND ADDITION City Administrator Tom Hedges stated on July 26, 1988, the Advisory Planning Commission held a public hearing to consider a preliminary plat application for Woodlands 2nd Addition. The plat consists of 12 single family lots abutting a cul-de-sac in excess of 500 feet. Because the variance to the cul-de-sac link and the plat itself coincide completely, the application was publicly noticed as a preliminary plat and necessary variance, however, a separate application for a variance had not been requested of the developer. The Planning Department had indicated that a cul-de-sac variance should be approved as a condition of the plat approval. Therefore, the variance to allow a cul-de-sac in excess of 500 feet should be considered or staff should be directed to request a separate variance application of the developer. Page 25/CITY COUNCIL MEETING MINUTES O August 16, 1988 Mr. Hedges stated the Advisory Planning Commission recommended approval of the application. He further stated the Advisory Parks and Recreation Commission recommended a cash dedication. Councilmember Wachter questioned the long cul-de-sac. Mr. Runkle stated the developer anticipates future connection of roads. Mr. Wachter stated perhaps a road should have come through from the east. Mr. Runkle stated this is the better design. Councilmember Gustafson questioned condition no. 3 regarding the planting in the center island. He asked for an explanation of the condition. Assistant City Engineer stated it was necessary to make sure it will not interfere with the utility lines. Gustafson moved, Egan seconded, the motion to approve the preliminary plat of Woodland 2nd Addition consisting of 12 lots on 7.35 R-1 (single family) acres located north of Basswood Lane in the southeast quarter of Section 14, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: A-1, B-1, C-1, C-2, C-3, C-5, D-1, E-1, F-1 and G-1. 2. Lots Seven (7), Eight (8), Nine (9) , Ten (10) and Eleven (11) shall note the proximity of the William Brothers Pipeline easement in the purchase agreement. 3. An emergency overland drainage swale is required between Lots Nine (9) and Ten (10). 4. No storm sewer will be allowed to discharge into the back yard low areas of the proposed development. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Gustafson moved, Egan seconded, the motion to approve a variance for a cul-de-sac in excess of 500 feet (630 feet) for Woodland 2nd Addition. Gustaf son, Ellison, Egan and McCrea voted in favor; Wachter voted against. RE-ZONING AND PRELIMINARY PLAT/SUNCREST ADDITION City Administrator Hedges stated a public hearing was held by the Advisory Planning Commission at its regular meeting on July 26, 1988, to consider a re-zoning and preliminary plat entitled the Suncrest Addition as requested by William Huttner. As submitted, the plat consists of 16 single family lots. The APC recommended approval of the application. The Advisory Parks and Recreation Commission recommended a cash dedication. Page 26/CITY COUNCIL MEETING MINUTES 0 . August 16, 1988 City Planner Dale Runkle informed the Council that separate applications had been received requesting a re-zoning of 10.53 agricultural acres to single family district and a preliminary plat consisting of 16 lots located northwest of the Sunrise Hills and Woodlands Additions and south of the Wescott Garden lots. He stated the 100 foot wide William Brothers Pipeline easement bisect the site in the southeast corner creating an outlet that will be attached to the Woodlands 2nd Addition. The plat calls for a road extension from Wescott Hills Drive to the platted Birch Street right-of-way. It is anticipated that the road will continue to the northeast and then loop southward connecting to Woodland Trail. Lot Five (5), Block One (1) and Lots Nine (9), Ten (10), and Eleven (11), Block Two (2) would be final platted as outlots since no immediate access is being provided to them. A stand of mature oaks is in the south central portion of the site where the stovepipe lots were requested. Through careful lot grading and driveway grading, it may be possible to save some of the trees. Code requires a 50-foot minimum width at the street right-of-way line. The stovepipe lots are 30 feet wide at that point. All other lots are at least 90 feet wide at the typical 30-foot setback line. The custom homes would be built exclusively by William Huttner. Mr. Runkle further stated that there are two landlocked low areas created with the development. Due to the fact that the only run-off conveyed to these landlocked low areas is backyard run-off from the proposed house pads, the run-off into them will be minimal and outlets will not be required. The two landlocked low areas are located in the backyards of Lots One (1), Two (2) and Three (3) and Lots Five (5), Six (6), Eight (8), and Ten (10) , all in Block Two (2). Councilmember McCrea questioned were the two low landlocked areas were situated. Mr. Runkle pointed the lots out on the map. Brad Swenson (representing the developer) requested the two lots be developed with a cul-de-sac. Mayor Ellison stated he felt there would be a problem with the stovepipe lots. Mr. Runkle stated many trees would be lost if they were altered. Council member Wachter stated he felt most of the trees would be lost anyway as the narrow driveways are present. Assistant City Engineer Mike Foertsch stated the driveways would be installed with retaining walls which would save the topography. Mayor Ellison asked what would happen if the cul-de-sac was pushed half way back. Brad Swenson stated he was not sure. Mayor Ellison stated the stovepipe lots seemed awfully long. Councilmember Wachter stated he felt the proposed development was unorthodox and that he could not go along with the proposal. He stated there were other ways to work the problem out. Page 27/CITY COUNCIL MEETING MINUTES f' 0' August 16, 1988 Wachter moved, Egan seconded, the motion to continue the preliminary plat entitled Suncrest Addition to the September 19, 1988, City Council meeting, to allow staff and the developer to review the stovepipe lots. All voted in favor. EAGAN V. CARLSON Egan moved, McCrea seconded, the motion to approve authorization of payment in the amount of $16,993.00 to finalize the Eagan v. Carlson case. All voted in favor. SPECIAL PERMIT FOR GENERAL PUMP TO LOCATE A MOBILE OFFICE UNIT Gustafson moved, Wachter seconded, the motion to approve a one-year special permit for General Pump to locate a mobile office unit at 3380 Highway 149, to be used as a temporary office until August 15, 1989. All voted in favor. CLIFF LAKE CENTRE SIGN PLAN The developer outlined the new plans for the signs. Councilmember Wachter stated he felt the trees had disappeared. The developer stated only the poor trees were removed. Mayor Ellison asked for a description of the materials used in the signs. The developer stated they would be constructed of metal and brick. Councilmember McCrea asked Mr. Runkle how much extra signage does the proposal ask for compared to what is allowed. Mr. Runkle stated they were meeting the intent of the ordinance. Egan moved, Wachter seconded, the motion to approve the Cliff Lake Centre master sign plan. All voted in favor. Councilmember McCrea stated she was bothered by the "variance" language in the proposal. She felt it may be interpreted as a precedent. PROPOSAL FOR MEDIAN CUT AND COUNTY ROAD 30/BLACKHAWK PLAZA PROJECT City Administrator Tom Hedges stated that SEH opposed the proposal. A representative of Blackhawk Plaza outlined the submitted report and the letters. He stated they were stymied because prospective developers would not buy without a median cut. He stated there were few tenants in the mall because of the lack of the cut. He sited June 5th minutes encouraging access from Highway 30. Page 28/CITY COUNCIL MEETING MINUTES August 16, 1988 0 Mr. Wolsfeld, traffic expert, stated they are not asking for a full access intersection. He stated people from the east could left-in and then right-out. He stated the movement could be signalized and time coordinated with the 35E off-ramp. Mayor Ellison asked Mr. Runkle if anything had changed with the County since the Van Wermer letter. Mr. Runkle stated they are still recommending denial. The developer stated they had hoped that the Council would give them a vote of confidence before they went before the County Board. Mayor Ellison asked when the County Board meeting was scheduled. The developer stated the meeting was scheduled for August 23, 1988, and further stated that Mr. Van Wermer refused to meet. Mayor Ellison stated Mr. Van Wermer was the City consultant and that the Mayor would direct a meeting. Wachter moved, Egan seconded, the motion to approve a median cut for County Road 30/Blackhawk Plaza project, subject to the approval of consultant Van Wermer. Wachter and Egan voted in favor; Gustaf son, Ellison and McCrea voted against. Councilmember Gustafson stated he felt there was a lack of sufficient information to make a judgment on the matter. He would prefer the motion to go to the County without recommendation. Mayor Ellison stated that if Council approval was important, perhaps the matter should be delayed for a month. He stated that if City Planner Dale Runkle and consultant Van Wermer approved, the Council would probably approve also. McCrea moved, Wachter seconded, the motion to continue the matter in regards to the median cut on Diffley Road into Blackhawk Plaza to the September 6, 1988, City Council meeting to allow a meeting with Dale Runkle and consultant Van Wermer. All voted in favor. PROJECT 473, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (PILOT KNOB ROAD - TRUNK STORK SEWER) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 473, Pilot Knob Road - trunk storm sewer and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 485, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (NORTHVIEW PARK ROAD - STREETS AND UTILITIES) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 485, Northview Park Road - streets Page 29/CITY COUNCIL MEETING MINUTES August 16, 1988 and utilities and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 491, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (EAGAN HILLS FARMS - STREETS AND UTILITIES) Gustaf son moved, McCrea seconded, the motion to receive the final assessment roll for Project 491, Eagan Hills Farms - streets and utilities and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 496, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (BRITTANY 10TH ADDITION - TRUNK STORM SEWER) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 496, Brittany 10th Addition - trunk storm sewer and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 498, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (STAFFORD PLACE - STREETS AND UTILITIES) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 498, Stafford Place - streets and utilities, and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 494, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (EAST WESCOTT ROAD - STREETS AND UTILITIES) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 494, East Wescott Road - streets and utilities, and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 500, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (EAGAN ROYALE/BRIAR OAKS - TRUNK UTILITIES) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 500, Eagan Royale/Briar Oaks - trunk utilities, and schedule a public hearing for September 19, 1988. All voted in favor. PROJECT 506, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (PARKCLIFF 2ND ADDITION - STORM SEWER) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 506, Parkcliff 2nd Addition - storm sewer and schedule a public hearing for September 19, 1988. All voted in favor. Page 30/CITY COUNCIL MEETING MINUTES August 16, 1988 PROJECT 516, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (GOPHER EAGAN 2ND ADDITION - STREETS AND UTILITIES) Gustaf son moved, McCrea seconded, the motion to receive the final assessment roll for Project 516, Gopher Eagan 2nd Addition - streets and utilities, and schedule a public hearing for September 19t 1988. All voted in favor. PROJECT 517, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (SAINT FRANCIS WOODS 6TH ADDITION - STREETS AND UTILITIES) Gustafson moved, McCrea seconded, the motion to receive the final assessment roll for Project 517, Saint Francis Woods 6th Addition - streets and utilities, and schedule a public hearing for September 19, 1988. All voted in favor. SPECIAL PERMIT/SIGN ADVERTISING/WHISPERING WOODS Scott Ella informed the Council he would like to erect a sign which would be four feet by four feet. He stated there are two owners within 200 feet of the proposed construction site. He stated he had notified both Federal Land and the Standard station. Mayor Ellison asked if he would be meeting standard conditions. He stated he would. Councilmember Wachter stated the time frame should have been met by the applicant. Councilmember McCrea stated it was late and the matter should be continued. Wachter moved, Egan seconded, the motion to continue the request for a special permit for a sign advertising Whispering Woods until the September 6, 1988, City Council meeting. All voted in favor. BUDGET MEETING Egan moved, McCrea seconded, the motion to approve a meeting scheduled for August 30, 1988, to review the budget. All voted in favor. SMALL CITIES DEVELOPMENT PROGRAM GRANT Gustafson moved, Wachter seconded, the motion to endorse the preparation of a Small Cities Development Program Grant from MN-DTED. All voted in favor. Page 31/CITY COUNCIL MEETING MINUTES August 16, 1988 SENACA PLANT Mayor Ellison asked for a status report regarding the upgrading of the Senaca plant. City Planner Dale Runkle stated the matter had been referred back to the Planning Commission. BILLS Wachter moved, Gustafson seconded, the motion to approve the checklist dated August 16, 1988, in the amount of $934,380.52. All voted in favor /and dated July 31, 1988 in the amount of $597,595.49. ADJOURNMENT Upon motion duly made by Egan, seconded by Wachter, the meeting was adjourned at 12:17 a.m. All voted in favor. 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