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04/19/1988 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 19, 1988 A regular meeting of the Eagan City Council was held on Tuesday, April 19, 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, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda with the understanding that the application of St. John Neumann Knights of Columbus for a pull-tab license at Richard's Food and Liquor be continued until the next regular meeting; and further that the application of Asp Construction Company for preliminary plat approval of Crystal Ponds Addition for R-4 Multiple project, and variance for cul-de-sacs in excess of 500 feet, located south of Highway #55 be continued until the next regular meeting. All councilmembers voted yes. It was noted that the developer had just recently submitted some proposed changes for the Crystal Ponds Addition and staff had not had an opportunity to review the changes. MINUTES April 5, 1988 - Regular Meeting. Upon motion by Egan, seconded Wachter, it was resolved that the Minutes of April 5, 1988 regular meeting be approved as prepared. All voted yea. PONDVIEW ADDITION - FAIRVIEW HOSPITAL City Administrator Tom Hedges explained that a letter had been forwarded to him dated April 15, 1988 from Alan Linoff, the Fairview Hospital Director of Property Management and Development, requesting to be placed on the agenda for a building permit for the proposed Fairview-Eagan Clinic near Pilot Knob Road. Several representatives of Fairview were present, including Mark Enger, the Administrator of the Ridges, who made a presentation and explained the project has been in process for about one year but is getting behind schedule. Committmentsn have been made with a medical group to staff the building and the project may be in jeopardy if a building permit is not allowed. 1 Council Minutes April 19, 1988 Tom O'Connel and Alan Linoff were also present and Mr. O'Connel indicated that TXI, the owner of the property to the south, will not sign the Planned Development Agreement because it is too restrictive for sale of its property. A meeting has been scheduled with all of the parties in order to attempt to resolve the differences. There were concerns, according to Mr. Colbert, about the grant of necessary easements and that in the event that TXI does not sign the Planned Development Agreement, that Fairview then would be required to assist in acquiring necessary easements. After extensive discussion and noting the hardship involved to Fairview without being allowed to proceed, Wachter moved, McCrea seconded the motion to grant the building permit with the understanding that negotiations will continue with the objective of resolving the PUD Agreement dispute with TXI and with the understanding that the City will control future steps in the development process. All members voted yes. FIRE STATION NO. 5 - CONTRACT #88-1 Mr. Hedges then introduced the subject regarding the proposed award of the contract for Contract #88-1 for Fire Station No. 5 on the Schindeldecker property. He noted that the Building Committee has recommended that alternates A-1, A-2 and M-3 be approved, together with the base bid and that the contract be awarded to Eagan Construction for a total amount of $491,995.00. A detailed review had been made of the various bids including the apparent low base bidder, Dean Associates with a total base bid of $490,600.00 but with the alternates totaling $492,200.00. In addition, it was noted that the completion date for Dean is 210 days and for Eagan Construction is 150 days, which could make a difference in construction in the fall season of 1988. Mr. Hedges noted that in 1987, the City Council determined it was in the best interest of the City to incur additional cost beyond the budgeted amount which would be to the advantage of the City in the long run, and it was recommended that a new cost analysis be prepared based upon actual cost for Fire Stations No. 4 and 5. Chief Southorn was also present and explained the reasons why the Eagan Construction bid was recommended. Councilman Egan asked what the total cost over-run for Station No. 5 would be and it was noted that it was about $62,000.00 above budget. Member McCrea mentioned that Eagan Construction is an Eagan based company. McCrea then moved, Wachter seconded the motion to approve the base bid and alternates A-l, A-2 and M-3 of Eagan Construction and award the contract based upon its being the lowest responsible bidders and for reasons including those described above, including the recommendation of the Building Committee, noting that adding the alternates would be a savings to the City but that not all alternates should be considered. All councilmembers voted in favor. 2 Council Minutes April 19, 1988 CONSENT AGENDA The following consent agenda items were presented to the City Council by the staff and recommended to be approved: 1. Personnel Items. a. Permanent Street Equipment Maintenance Worker. It was recommended that Emmett Cassidy be hired as a permanent full time streets equipment division maintenance worker in the Public Works Department, subject to the completion of the City's physical examination requirement. b. Permanent Parks Maintenance Worker. The recommendation was made that Alexander Lammer be hired as a permanent full-time parks division maintenance worker, subject to the physical examination requirement completion. c. Seasonal Utility Maintenance Worker. Max Dornseif was recommended for hiring as a seasonal utility maintenance worker. d. Seasonal Park Maintenance Workers. The following persons were recommended to be hired as seasonal park maintenance workers: Kenneth Alexander, Peter Hafstad, Steven Kivi, David Smith and Rebecca Verwey. e. Seasonal Weed Inspector Aid. Staff recommended that Thomas Fish not be hired as a seasonal weed inspector aid but that the City Administrator be authorized to hire the weed inspector aid based upon the staff's review. f. Public Service Agreement - Monitoring Compost Recycling Program Site. A public service agreement between the City and Green View, Inc. to provide monitoring services for the Compost Recycling Program whereby needy and elderly persons are recruited to provide public services was recommended to be approved. 2. Plumbers Licenses. A schedule of plumbers license applications was submitted in the packet and recommended for approval in compliance with all City requirements. 3. City's Week - May 1_ to May 7, 1988. A proclamation declaring City's Week from May 1 through May 7, 1988 was submitted and recommended to be approved. 4. Eagan Night at the Twins Proclamation. The recommendation was made that June 1, 1988 be proclaimed as Eagan Night at the Twins, which is being sponsored by the Dakota County Chambers of Commerce. 3 Council Minutes April 19, 1938 5. Blackhawk Ridge Addition - Final Plat. The application for final plat approval of Blackhawk Ridge Addition was submitted and it was recommended it be approved, subject to compliance with City requirements and authorize the execution of all documents with MnDOT right-of-way turn back and vacation of excess public right-of-way prior to release of documents for recording with the County. R-88.21 6. Schindeldecker 4th Addition - Final Plat. The request for approval of the final plat application for Schindeldecker 4th Addition consisting of Fire Station No. 5 was submitted and recommended to be approved. R-88.22 7. Dodd Road - Overlay - Project #515. The feasibility report for Project #515 consisting of Dodd road overlay was submitted and it was recommended that the report be received and the public hearing be scheduled for May 17, 1988 at 7:00 p.m. at the City Hall. 8. Eagandale Center Industrial Park 10th Addition - Project #539. Project #539 covering utility improvements in Eagandale Center Industrial Park 10th Addition came to the City Council and it was recommended that the Petition be received and that the feasibility report and detailed plans be authorized. 9. Eagandale Center Industrial Park - Project #480. The final assessment roll for Project 4480 consisting of street overlay in Eagandale Center Industrial Park was brought to the City Council and it was recommended that the Council receive the roll and schedule a final assessment public hearing for May 17, 1988 at the City Hall commencing at 7:00 p.m. 10. Eagandale Center Industrial Park 8th Addition - Project #501 - Watermain. The final assessment roll covering Project #501 regarding watermain improvements in Eagandale Center Industrial Park 8th Addition has been completed. The staff recommended the council receive the roll and schedule the hearing for the City Hall at 7:00 p.m. on May 17, 1988. 11. Eagandale Center Industrial Park No. 9 - Final Plat. The application of the developer for the Eagandale Center Industrial Park No. 9 has been submitted and it was recommended to be approved, subject to City Code requirements. R-88.23 12. Eagandale LeMay Lake 2nd Addition - Project #474. The supplemental assessment roll that was submitted by the engineering department based upon the fact that the final assessment amount for street and storm sewer improvements did not properly incorporate the related overhead costs, in addition to construction costs, was submitted and recommended to be received by the Council. In addition to the final plat, it was recommended that the final assessment hearing be scheduled for May 17, 1988 at the Eagan Municipal Center beginning at 7:00 p.m. 4 Council Minutes April 19, 1988 Wachter moved, Gustafson seconded the motion to approve the Consent Agenda as recommended. All voted aye. BLACKHAWK HILLS ROAD & FEDERAL DRIVE - VACATION HEARING Mayor Vic Ellison announced the convening of the public hearing regarding the vacation of a partial right-of-way for Blackhawk Hills Road and Federal Drive. Tom Colbert explained that it is not necessary that right-of-way be 100 feet in width, which was the width acquired by MnDOT for a portion of Blackhawk Hills Road and Federal Drive and the request had been made to vacate the excess right-of-way. Title had not been clarified at the previous Council meeting when the hearing had been originally scheduled and transfer of title from Meritor to the City will be completed within a short time. There were no objections. Egan moved, Gustafson seconded the motion to close the public hearing and approve the vacation of the excess public right-of-way as described in the Notice. All members voted yes. CLIFF LAKE CENTER - PROJECT #529 - HEARING The next public hearing convened by Mayor Ellison covered the street and utility improvements in Cliff Lake Center labeled under Eagan Project #529. Mr. Colbert introduced the project and Dan Boxrud of Short, Elliott & Hendrickson, the consulting engineer on the project, detailed the proposal. He noted that the total project cost would be $2,250,885.00 with revenue being $2,255,867.00. A copy of a letter from Charlie Bartholdi of Federal Land Company dated April 18, 1988 was distributed to the City Council and Mr. Bartholdi of Federal Land was present. He cited the main concerns of Federal Land and indicated that the company did not object to the project including traffic signal at Cliff Drive and Cliff Lake Road to he operational before Cliff Lake is occupied, and that access from Rahn Road to the west be constructed to the Federal Land property line and further stated that Federal Land will work together with the City to resolve the issues. Mr. Boxrud stated that the full explanation was given to the City Council at an earlier meeting and an opportunity for comments and questions was given at that time. He also stated that he wasn't certain whether the traffic signal requested could be operational in time for the opening. Councilman Wachter asked about the alternate for the Rahn Road connection and Mr. Colbert explained that the staff and the consultants had reviewed three alternates and recommended the current proposal as the most desirable. Mr. Gustafson asked whether there would be assessments against the Cliff Lake project property in the future for additional Cliff Road improvements. Mr. Colbert's answer was yes, that there would be some type of cost contribution for such improvements, but that 5 Council Minutes April 19, 1988 the amount and type of financing is uncertain at the present time. Councilman Gustafson also questioned about the top soil and seeding on a portion of the abandoned Rahn Road alignment and was told that cost would be paid by the developer. There was no objection to the project. Egan moved, McCrea seconded the motion to close the hearing and order in the project according to the report. All members voted in favor. CLIFF LAKE - CUB STORE - FOUNDATION PERMIT Bill McHale of Ryan Construction Co. was present and requested approval of the City Council for footing and foundation permit for the Cub store only. He stated the final plat application could be considered by the Council at the May 17, 1988 meeting and that the proposal was for the Cub location only. Egan moved, Gustafson seconded the motion to approve the application, conditioned upon compliance with all necessary City requirements. Member McCrea was concerned about the deviation from the procedure, and what impact it could have. Mr. Colbert's reply was that the deviation would take away from the pressure on the applicant to complete the final plat process and member McCrea stated she was opposed because of environmental issues and did not appear to see any other hardships. Councilman Egan answered that the project had been given intense scrutiny and the developer intends to proceed with the platting process. Mr. McHale noted that the Cub will not close on the purchase of the parcel until the final plat is approved. Egan voted yes; Ellison, Wachter, McCrea and Gustafson voted no. KINDER CARE ADDITION - PROJECT #530 - HEARING The next public hearing convened by the Mayor concerned water main improvements to the Kinder Care Addition under Project #530. Tom Colbert opened the discussion and Mark Hanson reviewed the feasibility reports prepared by Bonestroo, Rosene, Anderlik and Associates. He reviewed the assessments and the total cost and the area to be covered. There were no objections. Wachter moved, Gustafson seconded the motion to close the hearing, to approve the project and to authorize the preparation of plans and specifications and acquisition of easements through condemnation if necessary. All voted affirmatively. 6 Council Minutes April 19, 1988 7 A DAKOTA COUNTY RECYCLING SUBCOMMITTEE - APPOINTMENT Mr. Hedges indicated that Brenda Marshall had volunteered as an appointee to the County Recycling Subcommittee. Upon motion by McCrea, seconded Wachter, it was resolved that Brenda Marshall be appointed as a member of the Recycling Subcommittee. All members voted yea. EAGAN/ISD #196 - JOINT FIELD USE AGREEMENT Two revised Agreements between Independent School District #196 and the City of Eagan covering softball diamonds, tennis courts and other public facilities on property owned by the City and also the Eagan High School property, were submitted by Ken Vraa who was present. He explained the changes and also introduced Tom Wilson, the principal of the Eagan High School who was the project coordinator. The recommendation of the staff was approval, and upon motion by Gustafson, seconded Wachter, it was resolved that the agreements be approved and authorized to be executed. All voted in favor. KENNETH WASON/UNIVERSAL BUILDERS - WAIVER OF PLAT OAKWOOD HEIGHTS ADDITION The application of Kenneth Wason of Universal Builders for waiver of plat for Lot 3, Block 2, Oakwood Heights Addition for a duplex lot split came next to the Council. Mr. Hedges briefly explained the application and there was discussion whether the building had been constructed on the lot. McCrea moved, Egan seconded the motion to approve the application, subject to the staff making certain that the final survey has been completed and approved. All voted in favor. R-88.24 WILLIAM & JoANNE STASSEN - TEMPORARY MOBILE HOME STEININGER PROPERTY - LONE OAK ROAD An application of William and JoAnne Stassen for special permit for temporary mobile home at 670 Lone Oak Road on the Joseph Steininger property was brought to the City Council. Dale Runkle backgrounded the application and noted that a request from the Stassens was approved in 1986 for one year with certain conditions and was denied in 1987 and a new application has now been submitted for 1983 covering April through October. Mr. Stassen was present and stated that the request was for a 5th Wheel travel trailer to be located during the construction season while he is working for Steininger Construction, and that in 1987 it was an oversight not to submit an application. 7 Council Minutes April 19, 1988 No complaints had been registered from neighbors and noting the hardship and the fact that the trailer would not be close to other residential owners, Wachter moved, McCrea seconded the motion to approve the request covering the period through October 1, 1988 with the understanding that Mr. Stassen could apply in 1989 and the Council will make a decision at that time, including whether any changes had taken place. All voted in favor. JOHN J. YOUNG - HALLEY'S 1ST ADDITION - VARIANCE REQUEST An application of John J. Young for variance for Lot 3, Block 2, Halley's 1st Addition for curb and gutter and paving requirements and the 100 foot rear yard setback from an Agricultural district came next to the Council. City Planner Dale Runkle noted that the Land Use Plan designates the site as Single Family and the area surrounding Halley's Addition is zoned Agricultural. The proposal was to construct a 48 foot by 176 foot pole barn on Lot 3 which would be used for leased storage space by a single tenant. The structure meets all setback requirements except the 100 foot rear yard setback when on industrial site abuts an Agricultural zoned district. Mr. Young was present and noted there are four or five business buildings in the subdivision and argued that the lot was unbuildable adjoining an Agricultural use. He also stated that the grade could change on the road when the road is improved, there is some potential liability for the curb and gutter installation, the City's snowplows could not see the curb and suggested that the curb and gutter be installed when the street is improved. He admitted, upon question, that he could install a smaller building that would meet the variance setback requirements. Councilman Egan stated that he saw no hardship for the setback but possibly for the curbs and asked whether the Council should continue to allow industrial development in the subdivision when it is designated D-I. Member McCrea also could find no hardship and was concerned about the unsightliness of pole barn usage. Mayor Ellison suggested the Council should not encourage industrial growth where the property is guided for residential use. Earl Morotzky, the owner of the land to the east, appeared and said he had no objections but requested that a night light be installed for safety purposes. Bill Lomas, an owner of a neighboring lot, recommended approval and that the 10 foot setback should be allowed in the industrial area. Egan moved, McCrea seconded the motion to deny the request for setback variance but to approve the variance for curb and gutter which would tend to promote longer term industrial use and may also promote industrial use of the land to the east based upon the fact that there did not appear to be a hardship for the variance. All voted yes. 8 Council Minutes April 19, 1988 HOSFORD ADDITION - PRELIMINARY PLAT An application of John and Karen Hosford for rezoning for Hosford Addition and preliminary plat containing 4 lots relating to their property on Deerwood Drive in the southwest quarter of Section 22 next came to the Council. Dale Runkle, Director of Planning, described the application and noted the proposal was in conformance with the City's most recent Land Use Plan. The Advisory Planning Commission recommended approval at its March 29, 1983 meeting. The site is heavily wooded with very steep slopes and the staff recommended elimination of the outlot that would allow a connection to the unplatted property to the west. The Mayor asked whether a looped road would be possible and the answer was that there is steep terrain and also there would be severe tree loss. A temporary turnaround was also suggested in the event that the owner to the west develops in the future. Karen Hosford was present and talked about the private easement to the west lot line and it was suggested that it be in the form of an easement rather than an Outlot to prevent possible tax forfeiture in the future. Wachter moved, Gustafson seconded the motion to approve the application for rezoning from A (Agricultural ) to R-1. All voted yes. Egan then moved, McCrea seconded the motion to approve the application for preliminary plat for the reasons recommended by the Advisory Planning Commission, including the following: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 9 Council Minutes April 19, 1988 1.: fr. dr 5. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 6. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 7. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 8. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 9. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 10. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 11. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 12. The existing home shall change its address to reflect the new cul-de-sac name. 13. Outlot A shall be eliminated and the street right-of-way width for Lots 2 and 3 shall be a minimum of 50 feet. 14. The well and septic system shall be abandoned to City standards. 15. City staff shall work with the owner and property owners to the west to determine whether a cul-de-sac should be constructed on the Hosford property or a stub street with a turn-around on the Fritz property, or a cul-de-sac on to the Fritz property. An easement to the west property line to allow for future street connection appeared to be the most favorable design. All councilmembers voted affirmatively. 10 Council Minutes April 19, 1988 NORTHVIEW ELEMENTARY SCHOOL - ISD #196 - PRELIMINARY PLAT The application of ISD #196 for preliminary plat approval for Northview Elementary School covering the Northview Elementary School Addition consisting of two lots on the north side of Diffley Road east of Lexington Avenue was then examined. The plat contains a total of 39.23 acres with the school on 16.18 acres of Lot 1. Lot 2 is proposed for recreational fields and the purpose of the plat is to clean up the description. The APC recommended approval at its meeting on March 29, 1988. Staff recommended the platting of the entire parcel as one lot to eliminate the requirement for public access from each lot. It was noted that the Dakota County Highway Department has restricted access along the north side of County Road 30 and discussions had been held with County representatives regarding the access points. Eagan High School Principal Tom Wilson, appeared and noted the original intent was to build only recreational fields on the balance of the site, but agreed to platting the property. He also indicated that the District will work with Dakota County and may have to build an access road farther to the east at a later time. The drainage issues have been resolved, according to Mr. Wilson. Councilmember McCrea asked whether the City Council can assist in the access issue, and Mr. Wilson answered that it may be best to have two access points farther apart than at present. Gustafson moved, Wachter seconded the motion to approve the application for preliminary plat with the conditions that were imposed by the Advisory Planning Commission as follows: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 11 Council Minutes April 19, 1988 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 7. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 8. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 9. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 10. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 11. The City, County and School District shall pursue resolution of the access issue on Diffley Road. 12. The parcel shall be platted as one lot as agreed by the developer. 13. The staff shall review possible access and parking for the ball parks and the requirements of the Joint Powers Agreement. 14. All pathways shall be constructed to standards acceptable for passage of emergency vehicles. All councilpersons voted yes. See Plat File COUNTRY HOLLOW 2ND ADDITION COMP GUIDE, REZONING & PRELIMINARY PLAT An application of Progress Land Company for Comprehensive Guide Plan amendment from D-II to D-I, rezoning from A (Agricultural) to R-1 (Single Family), and preliminary plat approval of Country Hollow 2nd Addition was brought to the Council for its consideration. Dale Runkle noted that the Advisory Planning Commission recommended approval with conditions. He reviewed the application noting 32 lots were being proposed on 13.53 acres and also discussed the streets accessing from the plats. 12 Council Minutes April 19, 1988 Warren Isrealson of Progress Land Company was present and answered questions of the Council. Mayor Ellison questioned about the access to the north and it was noted the report does require the developer to build the street to the north plat line. He complimented the developer on reducing the density from D-II. McCrea moved, Gustafson seconded the motion to approve the application for Comp Guide revision to D-I. All voted aye. Egan moved, Wachter seconded the motion to approve the rezoning from A (Agricultural) to R-1 (Single Family). All members voted yes. McCrea then moved, Egan seconded the motion to approve the application for preliminary plat, with the following conditions, recommended by the Advisory Planning Commission: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 13 Council Minutes April 19, 1988 7. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 9. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The storm sewer proposed in the northeasterly portion of the site is required to be directed to the pond in the northwest corner of Block 2. 12. Street right-of-way and street construction is required to the plat boundaries including the stub street to the north. 13. Retaining walls or slope easements from neighboring properties shall be required so that minimum 3:1 slopes are maintained in all areas of the plat. 14. The 12 inch trunk sanitary sewer in the First Addition shall be extended to the northerly boundary of the property. All councilmembers voted positively. BRIDLE RIDGE 2ND ADDITION - PRELIMINARY PLAT & VARIANCE An application of Sienna Corporation for rezoning of 166 acres to PD R-1 and preliminary plat containing 251 lots and variance for cul-de-sac in excess of 500 feet for Bridle Ridge 2nd Addition came to the Council for its review. The Advisory Planning Commission recommended approval of the applications with certain conditions. Dale Runkle was asked to detail the applications and mentioned that an EAW is being prepared because there are more than 150 lots within the plat. He also reviewed the site including Bald Lake, containing approximately 10 acres which is a general development lake within the City Shoreland Ordinance. All lots meet R-1 Code minimum requirements and the project will be constructed in four phases. There was a question concerning the tying of the park space and the common open spaces into the first phase, and the recommendation was made by Mr. Runkle and by City Attorney Paul Hauge, that there be undivided interests in each of the outlots so that the City will avoid potential tax forfeiture and maintenance costs. 14 Council Minutes April 19, 1988 Mike Black of James Hill and Associates was present as was Rick Packer and Rod Hardy for Sienna Corporation. The average lot size according to Mr. Black is 17,000 square feet with an average width of 98 feet and there would be 1.5 units per acre gross with 1.7 units per acre net without streets. There would be a trail system leading to the Eagan High School site, and Mr. Black noted that two cul-de-sacs exceed the 500 foot ordinance maximum length. Mr. Packer stated that the developer agrees with the conditions and mentioned that the outlots will be natural areas and no trails would be included within them. The proposal is to dedicate the lake and no park credit would be given for that property or the outlots. Mayor Ellison asked Mr. Hardy whether variances will be needed for any of the lots and Mr. Hardy's answer was that he was not aware of any, and further indicated that the price, size and nature of the lots will be up-scaled in relation to the First Addition. Mr. Hedges asked if there is consistency in the type of housing within the specific areas and Mr. Hardy answered yes, with the highest test lots around and north of Bald Lake. Mayor Ellison commended the developer in down-scaling the density and Councilman Wachter asked whether the Soil and Water Conservation District recommendations would be followed. Mr. Packer answered in the positive and stated that the developer is working with the SWCD regarding its recommendations. Wachter moved, Gustafson seconded the motion to approve the rezoning to R-1 PD. All members voted yes. Egan then moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions, including the approval of the requested cul-de-sac variances: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 15 Council Minutes April 19, 1988 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 9. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. All Shoreland ordinance lot requirements shall be adhered to. 12. Horses shall be allowed on the Hall property until the final phase of development occurs. 13. The EAW process shall be completed and approved prior to the final plat submission. 14. The existing home shall change its address when the 3rd phase of development occurs. 15. The Hall homesite shall connect to City water and sewer when the 4th phase of development occurs. 16. A revised grading, erosion/sediment control plan addressing the soil resource, water quality and erosion/sediment control concerns identified in the attached memo from Dakota County Soil and Water Conservation District is required for review and approval by staff prior to grading permit issuance or final plat approval. 16 Council Minutes April 19, 1983 17. No alteration of the existing and previously identified drainage patterns in Bridle Ridge and Lexington Square Additions will be allowed. 13. The appropriate emergency overland drainage routes are required. 19. Proposed storm sewers in the south intersection of Street P and Street N and the intersection of Street M and Street I are required to be designed based on a 100-year design. 20. The development is required to incorporate, but is not limited to, the detail street, utility, and ponding design requirements as identified in the staff report. 21. All points where storm water is directed off-site, into pond areas or outlots need to be provided with an appropriate perimeter control measure. 22. Temporary sediment basins may be required during the phases of grading. Temporary basins are required if the drainage area for a discharge point is greater than 5 acres in size. 23. This site contains many steep and long fill slopes. Seeding these slopes quickly after rough grading will be required. Erosion control matting shall be used on steep slopes where straw mulch cannot be mechanically anchored. Some of the fill slopes are proposed below the water elevation of storm water ponding areas. These slopes will be a problem to stabilize because the fill may be under water for several hours or days. The plan shall address how this issue can be resolved. 24. Storm sewer inlet filters may be required after the utilities are constructed. The proposed design of inlet filters and the catch basins to be protected shall be on the plan. 25. If construction work is going to venture into the water of the storm water ponds on this site, then a floatable silt curtain shall be used. This practice reduces sediment transport into the ponds during the filling procedure. 26. Areas disturbed by utility construction shall be seeded and mulched and be specified on the plan. 27. Construction routes shall be located on the plan and a drawing shown that details the design to be used. 28. The title to the outlots shall provide for undivided ownership with all lots in the subdivision, with title in a form acceptable to the City. 17 Council Minutes April 19, 1988 29. The developer shall receive a partial park dedication credit for the greenway between Northview Park Road and Bald Lake as follows: **25% credit based on all land above the high water level of the pond. **l00o credit for all land with less than 12% slopes. 30. 8 foot wide bituminous trail link shall be constructed on the north side of Northview Park Road - from the Bald Lake/Northview greenway to the intersection at Braddock Trail. 31. The plat or grading shall be revised to provide additional width above the high water level for a trail connection within the Bald Lake/Northview Road greenway and within Park #3. 32. The developer shall receive no parkland dedication credit for the Bald Lake dedication located below the normal water level. All lots abutting Bald Lake shall be platted to the normal water level. The developer shall receive 25% credit for the .65 acre dedication of shoreland. 33. The developer shall provide a park cash dedication contribution on the remaining lots. 34. Subject to legal review by the City Attorney's office, the developer shall be provided the opportunity to transfer a park dedication credit for a portion of the Bridle Ridge - lst Addition, considered the Hall property, towards this plat. 35. Also, the Hall property shall be subject to a future cash dedication. 36. The Hall property, Sienna Corporation, and the City shall enter into a written agreement to this effect, if it is approved. All members voted in the affirmative. See Plat File STRATFORD OAKS ADDITION - PLANNED DEVELOPMENT AMENDMENT REZONING AND PRELIMINARY PLAT The application of D. H. Gustafson and Ken Applebaum for rezoning from R-2 to Planned Development district and amendment to the Eagan 40 PUD to provide for an apartment unit complex covering proposed Stratford Oaks Addition, was next considered by the City Council members. The Advisory Planning Commission recommended approval with certain stipulations. The City Planner was asked to review the application providing for rezoning of 1.9 R-2 zoned acres within the Thomas Lake Heights Addition to Planned Development 18 Council Minutes April 19, 1983 F district and amendment to the Eagan 40 PUD to include a total of 328 rental apartment units. Mr. Runkle reviewed the history of the Eagan 40 Planned Development and noted that the current proposal in relation to the proposal submitted in 1987 provides for a greater number but smaller buildings. A private drive is proposed south from Diffley and public east-west street as the interior collector. A 1.9 triangular parcel at the southeast would be included in the project and it is expected that the small 2.2 acre parcel at the northeast corner east of Thomas Lake Road would be included in the development to the east. An additional six units would be added because of the additional 1.9 acres, totaling 323. The net density of 322 units plus 16 for the northeasterly portion is more than the current proposal. Dan Gustafson was present as was Dan Dolan on behalf of the applicant. Mr. Gustafson noted the 100 foot drop from the southwest corner to the bottom of the depression and the proposal is to leave all the existing trees in excess of 5 to 6 inch caliper intact. The depression area will be preserved for temporary storm ponding. The proposal is to move the buildings as far north as possible to maintain a greater setback from the south line and also to preserve the steep slopes. Buildings would be 10 feet closer to the east- west street than allowed under the ordinance and a variance would be required. An evergreen buffer is proposed along the south to screen the buildings from the townhouses south of the plat. All exterior parking will be within the courtyard area so that headlights won't shine in the townhouses to the south and the plan is to start at the north parcel along Diffley Road. Some units are similar to the Parkside project near Yankee Doodle Road and some are similar to the Forest Ridge development on Duckwood and Denmark. Mayor Ellison was concerned about the storm drainage in the depression and long term sediment deposits. Mr. Colbert recommended approval of the temporary pond use with a 12 inch storm outlet and there were further questions regarding the adequacy of the outlet. Another issue of concern by councilmembers was the quality of the exterior of the buildings, including brick and cedar. Mr. Gustafson stated that 60% would be brick and the balance of the cedar siding would be aesthetically pleasing. The east-west street is proposed to be completed in 1989 and the north-south in 1988. There will be a single plat but phased construction over a period of approximately 25 months. Councilman Egan questioned whether there was lack of notice regarding the variance along the street and it was noted that the Advisory Planning Commission had reviewed the issue and had made a recommendation including the variances. Councilman Wachter was concerned about soil erosion control and there were no objections to.the project. 19 Council Minutes April 19, 1988 17' 7 Wachter moved, McCrea seconded the motion to rezone the property to approve the application for rezoning of the 1.9 acre parcel to R-1 PD. All voted in favor. Egan moved, McCrea seconded the motion to approve the application for preliminary plat including the recommendation of the APC and the variances for building setback from the public east-west street, noting the greater buffer from the south and the slope retainage, subject to the following conditions: 1. A revised erosion control plan to be approved by the City shall be submitted prior to the grading permit being issued. 2. The development shall provide for 60% exterior brick coverage on the building and the staff shall negotiate with the developer concerning the quality of the remainder of the exterior of each building. 3. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 4. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 5. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 6. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 7. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 8. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 20 Council Minutes April 19, 1988 9. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 10. This development shall ensure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 11. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 12. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 13. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 14. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 15. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 16. The landlord/owner shall make each potential renter aware of the William Brothers pipeline through the renter's Lease. 17. One covered parking stall shall be included with the rent. 18. A negative declaration on the EAW shall be determined prior to the final plat submission. 19. All trash shall be contained in each unit until the day of pickup. 20. All site generated runoff shall be directed to the proposed centrally located ponding area prior to the discharge into the public storm sewer system. 21. All roof top runoff from the proposed buildings along the edges of the development shall be routed to the proposed centrally located ponding area. 22. Proper water main looping and extension to the westerly adjacent property is required. 23. The detail design for the centrally located ponding area is required to address both quantitative as well as qualitative requirements and limited to a 1 CFS outflow rate. 21 Council Minutes April 19, 1988 24. No lighting shall be allowed for the tennis courts. 25. The concerns of the Soil, Water and Conservation District herein shall be addressed. 26. Variances for 60 foot setbacks from the east-west road shall be allowed. 27. The following general criteria shall be addressed in the final grading, drainage and erosion control plan: a. Several areas that have storm water drainage directed off-site will require more than a silt fence as perimeter control. More details need to be provided about the retaining walls proposed throughout the site. Timing of retaining wall construction also should be addressed. b. Sediment basin specifications need to be provided on the plan and preliminary construction schedules that reflect when trapping measure will be installed. c. The plan does not specify how storm water will outlet from the storm water pond along Diffley Road. If this enters a ditch outlet system the adequacy of the conveyance system needs to be analyzed. d. If filling or other construction activity ventures below the water level in a pond, then a floatable silt curtain shall be used and specified on the plan. e. All anticipated ingress and egress points shall be shown on the plan. f. A contact person shall be identified on the plan who will handle erosion control questions. Note #10 on the plan indicates home builders will be responsible during the building phase. Since this is not in keeping with Eagan's guidelines, the note shall be removed from the plan. 28. The developer shall receive the equivalent of 1.9 acres, which is 18.24 units, as credit towards the parks dedication responsibility. 29. The developer shall receive a cash dedication credit of $6,000.00 for the proposed on-site amenities. 30. The developer shall provide a cash dedication as determined by the City. 31. The developer shall at its cost provide a trail along Thomas Lake Road and County Road #30. All councilmembers voted yes. 22 Council Minutes April 19, 1983 CRYSTAL PONDS ADDITION - PRELIMINARY PLAT The application of Asp Construction Company for preliminary plat approval for Crystal Ponds Addition was continued by action of the City Council, until the next regular meeting. See Plat File TOWN CENTRE 100 6th ADDITION - PRELIMINARY PLAT COMP GUIDE AMENDMENT & CONDITIONAL USE PERMIT Consideration then was given to the application of Federal Land Company for comprehensive Guide Plan amendment from LB to CSC, Planned Development, preliminary plat approval and conditional use permit for day care facility in a CSC district for the proposed Town Centre 100 6th Addition. The Advisory Planning Commission recommended denial at its last meeting for reasons described in its minutes. Dale Runkle outlined the proposal on the 7.9 acre parcel currently designated LB on the development plan and proposed CSC use to provide for a shifting of CSC uses from the east side of the Waterview Tower and the Edina Realty property east of the Town Centre Professional Bldg. to the proposed location for the 6th Addition. CSC uses allow office uses and questions that arose include compatibility of the adjacent parcels. A court reporter was present for the applicant. Martin Colon of Federal Land Company appeared and stated there are three buildings on the 100 acre parcel at the present time. He requested an exchange of zoning for the 6.4 CSC parcel and 1.5 acre CSC parcel from Retail to LB uses. The proposal would include a Treasure Island children's store and day care center which are committed. The building would include white stucco exterior with coordinated sign design. A petition signed by 160 Eagan residents and a petition of Town Centre merchants in favor of the project were submitted. Mr. Jim Benshoof, traffic consultant for Federal Land Company, the architect for the.project, and Gary Hoffman of Treasure Island were present. The retail development would improve the air quality in the entire area according to Mr. Colon. He also explained that the construction of the Waterview Tower changed the CSC use for the northern area and it was logical to change to LB on the east side of the building. Two 12-story towers originally were proposed for the subject parcel so there may be less square feet under the proposal. 23 Council Minutes April 19, 1983 ~•'k.~, S tag Jim Benshoof detailed his traffic analysis including diagrams showing the trading of 70,000 square feet of retail and the transfer of 20,000 square foot of retail from the Edina Realty parcel and 70,000 from the CSC portion, east of Waterview to the subject property. 20 fewer trips at the intersection of Yankee Doodle and Pilot Knob Road resulted on a peak hour basis and on a peak 8 hour basis, there would be 14 fewer trips, according to Mr. Benshoof. There is no change in the relative air quality and he stated that the Pollution Control Agency representative agreed with his analysis. Bob Pope, the architect, showed the design which included basically a strip center but angled buildings tied together by a signage band. No variances will be requested. Gary Hoffman of Treasure Island stated the location has been in St. Louis Park for 40 years and that he felt that Eagan had good demographics and visibility. Mark Tarrin of Kid's Kingdom Child Care stated there is a strong need for child care in Eagan and the proposal is for a full-time educational child care designed for retail shopping center locations. Member McCrea stated that child care can also be located in LB zoned areas. Mayor Ellison asked about the distance relating to the apartment project to the south and Mr. Colon answered that the developer would install a substantial berm and tree barrier along the rear portion of the shopping center, as well as on the south side of the office complex, adjacent to the residential property to the south. Member McCrea asked City Attorney Paul Hauge whether a legal precedent would be developed if swapping takes place. Mr. Hauge's answer was yes, there would be a precedent whenever swapping would occur, but its weight in Court in the event it is used in a future dispute could not be determined with as great certainty. Mr. Runkle stated that offices are permitted in a CSC district so that it may not be appropriate to do the swapping. Councilman Egan noted that there are no designated retail uses being transferred from the northerly parcel. Mr. Colon indicated that the ISP has an allocation for retail of 70,000 square feet to the northeast and 5,000 to 6,000 square feet of retail restaurant in the northwest parcel. Councilman Wachter stated that there does not seem that anyone is adversely impacted and favored the plan. Councilman Egan agreed. 24 Council Minutes April 19, 1988 Mayor Ellison asked whether the child's store would be a viable use in the northeast location and Mr. Hoffman stated he had not considered that location. The proximity to the existing center and the day care are important to Treasure Island. There is a 2 1/2 acre pond along the south line and Mr. Colon stated he planned to install a trail to the east, along the south property location. Mike Wasom who lived near Fish Lake, was concerned about the durability of the stucco and the distance of walking around the front of the mall. Other persons in favor of the project, including Nick Kakos appeared, and Arnold Pessis the owner of the Celebration Party store in Town Centre. He mentioned the merchants in the center were unanimously in favor of the project. Egan moved, Wachter seconded the motion to approve the application for revision to the Comp Guide Plan. Councilman Gustafson noted the Advisory Planning Commission's opposition and suggested breaking up the sign board tie-in, but generally favored the project. Runkle was asked the reasons for the Advisory Planning Commission's recommendation for denial and he stated that he understood that the reasons included the fact that there was a large amount of CSC in the Town Centre area. All members voted yes. McCrea moved, Gustafson seconded the motion to approve the application for rezoning including the Planned Development revision, subject to a Planned Development Agreement amendment being executed. All voted in favor. Egan moved, Gustafson seconded the motion to approve the application for conditional use permit for day care center in a CSC district. All voted yes. Egan moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 25 Council Minutes April 19, 1988 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 5. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 6. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 7. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 8. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 9. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 10. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 11. An updated planned development land use plan that incorporates the reconfiguration of the road layout shall be submitted and approved by the City. 12. All trash shall be contained within the building. 13. A maintenance agreement and cross easements shall be reviewed by the City Attorney's office. 14. An overall signage package shall be submitted and all signage shall conform to the Town Centre sign agreement unless specific variances are requested. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 15. The loading bays shall be suitably screened. 16. Rooftop mechanical equipment shall be suitably screened. 17. All four sides of the building shall be constructed with the same material. 26 Council Minutes April 19, 1988 18. All site runoff shall drain to Pond DP-23. 19. Appropriate water main looping is required. All voted positively. EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION - PRELIMINARY PLAT AND CONDITIONAL USE PERMIT The application for preliminary plat approval for Eagandale Center Industrial Park 10th Addition by Opus Corporation covering 23.61 acres of Light Industrial containing two lots and conditional use permits for Knox Lumber facility with outside storage on Lot 1, Block 1, and a pylon sign and a special permit for fence over 6 feet were brought to the Council for its review. The Advisory Planning Commission recommended approval of the applications with certain conditions attached to the plat. Mr. Hedges introduced the application and Dale Runkle relayed the background including the APC and Council review, at which time it was proposed that a conditional use permit rather than a rezoning of the property, be recommended to the applicant for the construction of the Knox Lumber facility. The detailed grading and drainage were important issues and a berm recommended by the staff would be within the MnDOT right-of-way. He understood that MnDOT had agreed to issue the berm permit within I-35E right-of-way. Bob Worthington of Opus Corporation was present as was an architect for Knox Lumber, Truman Howell. Marc Anderson of Opus also appeared. All agency approvals had been granted, according to Mr. Worthington, and Mr. Howell described the proposal in some detail. He noted there would be outside storage including two areas of covered storage and there would be adequate screening with 10 foot wood fences on the south and north lines. The building would be pre-cast concrete with vertical wood panels. A request was also made by Mr. Worthington for grading of the site if the preliminary plat is approved. One of the important issues- was the drainage on the south lot and it was proposed that a portion of the southerly pond be filled in but the high water level would not change and it would consist of open space for the entire area. The smaller pond on the east receives discharge from property east of Lexington and Mr. Worthington requested a decision on behalf of the City regarding the usage of that pond and drainage into it. He was asked whether more water would go into that pond with construction of the Knox Lumber project and he stated only a small amount. 27 Council Minutes April 19, 1988 Councilman Egan asked about interconnecting the existing berming along the freeway and it was noted that there are some existing berms which would then become continuous. Lighting spill-off was another issue and it was noted that the lighting was designed to remain on the site and if there are any complaints regarding lighting, that revisions would be required in the future. Jack Walsh, the VP of operations for Knox stated that a walkie- talkie system would be used in the yard but that Knox would minimize its use. Mayor Ellison questioned the water discharge into the easterly pond and Mark Anderson stated the problem is that there is a County drainpipe from the east below the level of the large pond and would require expensive redesign to allow gravity outflow and was not economically feasible. Councilman Egan questioned about the debris from the lumber yard into the pond and it was understood that the drainage had been designed to avoid undesirable debris. Vernon Cole of 2977 So. Lexington, living adjacent to the east pond, appeared and stated that that pond always holds water and he was concerned with the south pond and the recommendation whether the 14 inch outlet from that pond was adequate. He questioned who would be responsible for water damage in the future and Paul Hauge's answer was that fault would have to be determined if there is negligence, but that normally water can flow from one property owner to another, provided no damage is improperly created. Questioning who would pay for storm drainage cost Mr. Colbert answered that normally assessments would be against benefitted property. He also attempted to answer whether the 14 inch pipe was adequate and he stated that it conforms with the current plan but future revised plans may require a larger outlet. There were concerns also about filling a part of the pond and Mr. Colbert stated that he understood more capacity for drainage would be provided by grading of the site. He also mentioned it was his opinion the 14 inch overflow would give sufficient capacity to handle the drainage. Councilman Wachter suggested possible additional dredging of the south pond when Lot 2 is developed. t4r. Cole objected to filling in the quarter to half an acre and also objected to outside speakers. He asked whether a chain link fence would surround the entire site and it was understood that it would come up to the edges of the building. His other concern was about lights shining south but it was noted there would be a berm generally along the south side of the Knox project. 28 Council Minutes April 19, 1983 Harlan Bloom, the owner at the northwest corner of Lexington and Lone Oak objected to the rezoning, the conditional use permit and the use of retail on the site. He had been told that his property would not be allowed to be rezoned to Commercial and also objected to additional traffic on Lexington Avenue. Marvin Post, whose mother owns an adjoining parcel, objected to any storm sewer assessments and stated that MnDOT should have paid the additional storm drainage cost. Mr. Colbert answered that MnDOT does not pay for such drainage and Mr. Post suggested enlarging the south pond. A request will be made to the DNR for a permit for additional excavation of the pond to increase the capacity for drainage. Egan moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 7. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 29 Council Minutes April 19, 1988 8. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 9. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 12. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 13. No exterior sales displays shall be allowed. 14. No exterior loudspeaker advertising shall be allowed. 15. Permanent exterior storage shall be no higher than nine feet. 16. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 17. No rooftop mechanical equipment shall be visible. 18. All permanent cart storage shall be included in the building. 19. All pole lighting shall be directed inward or cut offs shall be required if off-site spillage occurs. 20. Screening along Highway I-35E shall be resolved through the efforts of MnDOT, City staff and the applicant, with berming being the preferred resolution, making the storage yard not visible from the north or south bound I-35E. 21. No additional runoff into or any reconfiguration of the pond on the east side of Lot 2 will be allowed. 22. The development will be required to provide sanitary sewer and water service to each platted lot. 30 Council Minutes April 19, 1988 t. 23. The development is responsible for providing the properly sized water main service and hydrant coverage as required by fire protection criteria, City Codes and engineering standards. 24. The development will be responsible for providing restricted access along the entire length of Lone Oak Road and the entire length along Lexington Avenue except for one access point along the common lot lines between Lots 1 and 2. 25. The 10 foot wood fence and dense landscaping shall be provided on both the northerly and southerly borders of the property. 26. Additional drainage capacity shall be provided to compensate for the reduction in size of the south pond. All voted in favor except Gustafson who voted no. McCrea moved, Egan seconded the motion to approve the application for special permit for the fence over 6 feet up to 10 feet in height. All voted in favor. McCrea moved, Egan seconded the motion to approve the application for conditional use permit for retail lumber facility in an I-i district. All voted yes. The application for conditional use permit for pylon sign was upon motion by Egan, seconded McCrea, was approved. All voted in favor. It was understood that the request for site grading could be approved by the staff administratively, subject to compliance with all City requirements. LEGAL SERVICES CONSIDERATION The City Administrator announced that the City Council had been scheduled to make a decision on appointing City Attorney for General, Special and Prosecution services at the regular meeting on April 19, 1988. He briefly explained the background of the RPF's including the proposals that were submitted by various law firms. He announced that the City Council has not had adequate time to review reference checks and recommended a delay until the May 3, 1988 meeting to make the final decisions. Egan moved, Gustafson seconded the motion to accept the recommendation and delay the decision making until May 3, 1988. All members voted yes. PUBLIC IMPROVEMENT CONTRACTS 1. Wescott & Northview Park Roads - Surfacing - Contract $88-3. Upon motion by Gustafson, seconded Wachter, it was resolved that the low bidder, Bituminous Roadway, Inc. in the sum of $428,241.21 be awarded the contract for Contract #88-3. All councilmembers voted yes. 31 Council Minutes April 19, 1988 2. Briar Oaks of Apple Valley - Contract #88-14. The bids for the trunk storm sewer and sanitary sewer Contract #88-14 for Briar Oaks of Apple Valley was submitted and the low bidder was F. F. Jedlicki, Inc. in the sum of $190,064.00. The second low bidder was Fredrickson Excavating Co., Inc. in the sum of $222,390.00. Upon evaluating the bids, the City's consulting engineering firm was contacted by the low bidder F. F. Jedlicki, Inc. informing the City of substantial errors in its bid and requested that it be allowed to withdraw and for a return of its bid bond. The consulting engineer and public works director recommended that the second low bidder, Fredrickson Excavating, Co., Inc. be awarded the contract, noting Jedlicki would not have been the low bidder had it not made the errors. Upon motion by Wachter, seconded Gustafson, it was resolved that the bid of Fredrickson Excavating Co., Inc. be approved and the Contract be awarded. All voted yes. 3. Manor Lake - Contract #88-9. The plans have been prepared by the consulting engineer for Contract #88-9 consisting of trunk utilities in the Manor Lake Addition. Upon motion by McCrea, seconded Wachter, it was resolved that the plans be approved and that the Clerk be authorized to advertise for bid opening to be held at 10:30 a.m. Thursday, May 12, 1983 at the City Municipal Center. All voted in favor. 4. Well #5 - Pump Repair - Contract #88-19. The bids have been received for Contract #88-19 consisting of pump repair for Well #5. McCrea moved, Gustafson seconded the motion to approve the low bid of Mark J. Traut Wells, Inc. in the sum of $11,490.00 and authorize the Mayor and City Clerk to execute all related documents. EAGAN ARBOR DAY RESOLUTION It was recommended the resolution proclaiming April 23, 1988 as Arbor Day and the month of May as Arbor Month in the City of Eagan be approved. Upon motion of Gustafson, seconded Wachter, it was resolved that the recommendation for the Resolution be approved. All voted affirmatively.,.. POLICE DEPARTMENT - DATA ENTRY CLERK Upon recommendation of the staff and upon motion by Gustafson, seconded Egan, it was resolved that Kathleen Moilanen be hired as the data clerk for the Police Department subject to successful completion of the City's physical examination requirement. All members voted in favor. 32 Council Minutes April 19, 1988 SEASONAL DRAFTSPERSON The Park Planner recommended that a seasonal draftsperson be hired and upon motion by Egan, seconded Wachter, it was resolved that the City Administrator be authorized to approve the hiring of the seasonal draftsperson for the Parks Department. All voted yes. BOARD OF EQUALIZATION MEETING At 6:30 p.m. on Tuesday, May 10, 1988, the Board of Equalization will meet at the City Hall. POLICE STATION - WORK STATION AREAS CITY HALL BASEMENT - REMODELING Tom Hedges explained to the City Council that the Police Department has asked to remodel the dispatch room because of dust effecting the computer and also creating minor respiratory problems. $10,000.00 was estimated and it was requested that the Administrator's office review the possibility of an air purifier. He also announced that the basement remodeling had a budgeted amount of $55,000.00 and an estimated cost of $60,000.00 including bathroom. The general consensus of the Council was to proceed with the improvements with the source of additional funding to be determined. LYMAN LUMBER COMPANY City Planner Dale Runkle announced that Lyman Lumber Company had requested a location for a sales and office showroom with approximately 5,000 square feet of office/retail and 15,000 square foot warehouse. Several locations were discussed within the City. CITY COUNCIL MEETINGS Councilman Wachter suggested that if Council agenda items are expected to be lengthy, that the Council schedule a separate meeting night to accommodate such purposes. The Council generally tends to avoid additional meetings but discussed the possibility of limiting the time of presentations at City Council meetings by members of the public and applicants. 33 Council Minutes April 19, 1938 r^.ia CARL TOLLEFSON VS. CITY OF EAGAN Councilman Egan asked Assistant City Attorney Kevin Eide, who was present, what the status of the Tollefson vs. City of Eagan action was. Mr. Eide explained that a great deal of discovery has taken place and he recommended that after completion of discovery, that a motion for Summary Judgment be brought by the City. BYRON WATSCHKE - EROSION CONTROL Member McCrea asked about the status of the investigation of the Byron Watschke property and the Safari Addition, noting that there had been heavy erosion on a vacant lot within the subdivision. The staff will continue the investigation. MISCELLANEOUS DISCUSSION Other items of discussion included direction of the staff to review proposals for acquisition of the Caponi site, sequence of traffic signals on certain streets within the City, for the completion of the traffic signals at Pilot Knob Road and 4494, the pole barn on Dodd Road that continues to be operated for business purposes, and the number of women being hired for non-traditional jobs in the City. CHECKLIST Wachter moved, Egan seconded the motion to approve the following checklists: Dated March 31, 1988 in the amount of $2,036,172.87, and also checklist dated April 19, 1988 in the amount of $534,695.45. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40 a.m. All voted in favor. Mayor Ellison announced an Executive Session with the City Attorney to discuss the proposed settlement of the O'Neil lawsuits immediately following the regular City Council meeting. PHH Cit lerk 34