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02/20/1996 - City Council Regular . MINUTES OF REGULAR MEETING OF THE • EAGAN CITY COUNCIL Eagan, Minnesota February 20, 1996 A regular meeting of the Eagan City Council was held on Tuesday, February 20, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke and City Attorney, Jim Sheldon. AGENDA Administrator Hedges added Item P. Set Public Hearing for Project 687 for April 16, 1996. Awada moved, Masin seconded to accept the agenda as amended. Aye: 5 Nay: 0 MINUTECOCRORMYSMOOMMARlarliNG Councilmember Awada asked that Paragraph 1, Page 2 have a sentence added that states, The appeals process should be incorporated into the ordinance. Wachter moved, Awada seconded a motion to accept the minutes of the February 6, 1996 regular meeting as amended. Aye: 5 Nay:0 MINVITIESMEOANUARY::::16M996::SPECJAEMEETING Councilmember Masin asked that Paragraph 4, Page 1, Sentences 6 and 7 be changed to, Joe Miller has indicated they are not particularly interested if the City is still looking at potential acquisition of a portion of the Unisys site for public use. Wachter moved, Awada seconded a motion to accept the • minutes of January 16, 1996 special meeting as amended. Aye: 5 Nay: 0 D:A'1' „#S fi 1 Di1 A 1L I Administrator Hedges introduced Dr. Munson of ISD #197 who was present to update the Council on the new middle school being constructed in Mendota Heights. Dr. Munson explained that the new middle school would provide classrooms for grades 5 - 8. The design of the school would include larger classrooms and would provide smaller communities of learning (houses) to allow for more consistent interaction between teachers and students. Students would stay with the same group of students and teacher for the entire school year. Dr. Munson continued that technology will increase providing extended opportunities within each classroom. The floor plan of the building was shared with the Council as well as the site layout of the Mendota Heights middle school. After a thorough presentation of the school, Dr. Munson concluded that the district wanted to continue communication with the City of Eagan as the district continues to grow. Mayor Egan thanked Dr. Munson for the follow-up information and the benefit the new schools will have for Eagan residents in ISD #197. Councilmember Wachter complimented the district on the plan they have incorporated for bus loading and unloading. Councilmember Awada asked if the attendance lines had been established for the two new middle schools. Dr. Munson responded that the district is in the process of re-districting now. Councilmember Awada asked what percentage of students attending the new middle school would be residents of Eagan. Dr. Munson responded that approximately 1/3 are from Eagan, 1/3 from Mendota Heights and 1/3 from West St. Paul. • EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 • PAGE 2 .. . ..........S OI3E H McKenzie Foster provided the Council with an update of MVTA riders concerns she had brought to the Council's attention on February 6. Foster stated that she had not received any communication from the organization relative to the issues she had identified. The bus company, however, supplied it's riders with a certificate for a free ride and a muffin which, in Ms. Foster's opinion, was not a very service oriented gesture. She opined that the communication should be more timely and that information should be supplied on how open issues will be resolved or addressed. Ms. Foster wanted to assure the Council that things were not resolved as she wished they could have been at this point. Mayor Egan stated that the Council met with Beverly Miller, Executive Director of MVTA, at the workshop prior to this meeting and Ms. Foster's concerns were again addressed. Councilmember Masin stated that the MVTA has started working on issues that have been identified. For example they have inspected all of the busses with all but one passing the inspection. The president of National has also met with MVTA to continue communication relative to ridership, Masin added. Ms. Foster responded that she is hopeful that there will be better communication with the ridership; specifically addressing the issues that she is identified. DEPARTMENTHEADAMen ACCEPT GRANT,POLICE DEPARTMENT-MUNICIPAL CENTER BUILDING PROJECT, DAKOTA COUNTY ELECTRIC ENERGY EFFICIENCY PROGRAM Following an introduction by Mayor Egan, Administrator Hedges noted that Dakota Electric offers grants to its customers who incorporate energy efficient technologies in their buildings. Hedges continued that Municipal Buildings Supervisor Howard Favilla coordinated a grant application associated with the municipal center construction and expansion which resulted in a $2,864 grant from Dakota Electric. Favilla was congratulated for this achievement and thanked for his dedicated work in not only receiving the grant but providing a potential savings up to $2,000 per year in energy costs for the Police facility. Supervisor Favilla thanked Dakota Electric for their time and assistance in receiving the grant. ACKNOWLEDGE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Administrator Hedges noted the City has received a Certificate of Achievement for excellence in Financial Reporting for its 1994 Annual Financial Report and wanted to thank Finance Director VanOverbeke and his staff for their continued commitment to excellence. Mayor Egan congratulated Director VanOverbeke and his staff and asked how many years the city has received this award. Director VanOverbeke responded this is the 11th consecutive year and expressed his thanks and appreciation to the Finance staff, Department Heads and their staffs and the City Council for their cooperation and support. CONSENT:AGENDA Regarding Item D, Approve Addendum. Municipal Center Architectural Services, Councilmember Wachter stated that he had reviewed the change orders and has kept up to date on the tabulations thus far. He complimented staff for the great job that's been done in tracking this project • and feels the job turned out well. Administrator Hedges commented that there has been a great deal of time spent by staff and Councilmember Wachter in the administration and follow through for this project and again thanked those EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 • PAGE 3 involved for their input and involvement. Mayor Egan reiterated his thanks to Councilmember Wachter, Administrator Hedges and Assistant to the Administrator Hohenstein for their help with this project and working through the negotiations with Thorbeck Architects. Councilmember Awada added that she hoped the City would not provide Dewey Thorbeck with a good recommendation in the future. Regarding Item F, Massaae Therapist License, Councilmember Wachter asked why the city seems to be approving so many of these licenses. Chief Geagan responded that there is considerable turn over in this field since many of the therapists are part-time, but the process is to have each of these items appear before the City Council. Councilmember Awada suggested that this process could be handled administratively with an appeal process similar to what was adopted for special hunting permits. Administrator Hedges stated he would check with the City Attorney to see if this can be an option. With the City Council concurring, Awada moved, Hunter seconded a motion to direct the City Attorney to review the massage therapy license application process requesting a code change to empower staff to process the licenses in the future similar to what is being done with special hunting licenses. Aye: 4 Nay: 1 (Wachter) A. Personnel Items Item 1. It was recommended that John LeMieux be hired as a seasonal skilled street maintenance worker. Item 2 It was recommended that Krissann Herseth be hired as a seasonal skating instructor. SItem 3. It was recommended that Melinda Cohee be hired as a seasonal tennis director. B. Proclamation. Volunteers of America Week It was recommended that March 3-10 be proclaimed to be Volunteers of America Week in the City of Eagan. 96.11 C. Resolution giving Preliminary Approval to a proiect. setting a public hearing on issuance of a Commercial Development Revenue Note and authorizing oreparation of necessary documents (YMCA of Greater ST. Paul Project) It was recommended that a resolution giving preliminary approval to issuance of a Commercial Development Revenue Note for YMCA of Greater St. Paul project be approved and a public hearing set for March 19, 1996. 96.12 D. Approve addendum. Municipal Center Architectural Services It was recommended that Addendum #3 in the amount of $14,100 for additional architectural services as negotiated with Thorbeck Architects Ltd. for additional architectural services be approved. E. Gambling Premises Permit Renewals- Knights of Columbus #7604 It was recommended that the renewal of the gambling premises permits for the Knights of Columbus #7604 to operate charitable gambling activities at Richards Restaurant and Starks Saloon be approved. 96.13 F. Massage Therapist License - Kathleen Navarre-Larson It was recommended that the massage therapist license for Kathleen Navarre-Larson to perform therapeutic massage at Lifetime Fitness, a licensed facility be approved. • EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 4 • G. Pet Shoo License Renewals. Wet World. 3390 Coachman Road: Walmart. 1360 Town Centre Drive: ,and Heartland Pets. 1960 Cliff Lake Road. It was recommended that the renewal of pet shop licenses for Wet World, Walmart and Hartland Pets be approved as presented. H. Tobacco Sales and Service Station Permit. Twin Cities Stores Inc./Oasis Market. 3390 Coachman SR.d It was recommended that tobacco sales and service station permits for Twin Cities Stores Inc. for the Oasis Market location at 3390 Coachman Road be approved. I. Extension of Preliminary Subdivision. Whispering Woods Eleventh Addition. located on the west side of Slater Road just south of Wall Street. It was recommended that a one year extension of the preliminary subdivision for Whispering Woods Eleventh Addition be approved. J. Contract 94-11. Authorize Final Payment. Waterview Addition Utilities It was recommended that the third and final payment to Brown & Cris, Inc. for Contract 94-11 (Waterview Addition - utilities) be approved and City maintenance subject to warranty provisions be authorized. K. Resolution denying Kool Tyme. LLC's (Dairy Queen) application for a conditional use permit to allow a pylon sign on Outlot A of Town Centre 70 Eighteenth Addition It was recommended that a resolution denying an application for Kool Tyme, LLC's (Dairy Queen) for a conditional use permit to allow a pylon sign on Outlot A, Town Centre 70 Eighteenth Addition be ratified. 96.14 • L. Approve Resolution restrictina parking on Municioal State Aid Street (Northridge Drive) It was recommended that a resolution restricting on-street parking on Northridge Drive be approved and that the Mayor and City Clerk be authorized to execute all related documents. 96.14.1 M. Project 693. Receive Final Assessment Roll. Order Public Hearing: Cedar Grove 11th and 12th Addition Street Lights It was recommended that the final assessment roll for Project 693 (Cedar Grove 11th & 12th Addition - Streetlights) be received and a public hearing scheduled to be held o March 19, 1996. N. Project 645. Receive Final Assessment Roll. Order Public Hearing. Blackhawk Hills Addition It was recommended that the final assessment roll for Project 645 (Blackhawk Hills Addition - Street Reconstruction) be received and a public hearing be scheduled on March 19, 1996. 0. Resolution denvina a Preliminary Planned Development Amendment for an automobile service center on Outlot A. George W. Giles Addition It was recommended that a resolution denying a preliminary planned development amendment to - allow an automobile service center on Outlot A, George W. Giles Addition be ratified. 96.14.2 P. Set Public Hearina for Project 687 (Biscayne Avenue- Streets and Utilities) It was recommended that a public hearing for Project 687 (Biscayne Avenue - Streets and Utilities) be scheduled for April 16, 1996. • EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 5 PUBLIC € t s 00046 110 VACATE FARM ROAD, PUBLIC RIGHT-OF-WAY Following the introduction of the public hearing for the vacation of public right-of-way for Farm Road by Mayor Egan, Administrator Hedges explained that the Council held a public hearing on December 5, 1995 relative to this issue. One of the affected property owners objected to the proposed vacation and another owner had not been properly noticed of the public hearing therefore the public hearing was continued until February 20. Public Works Director Colbert explained that all notices have been published and sent to all potentially affected property owners informing them of this continued public hearing. Colbert continued that the north half of Farm Road was dedicated as public right-of-way with the platting of the Dodd View Addition. The south half of the right-of-way, however, is a separate described legal parcel under the ownership of Andrew and Hulda Anderson. Colbert explained that to vacate the public right-of-way the City would be required to either obtain a private easement from the south half to allow continued use of Farm Road as a private driveway or reconstruct Farm Road as a private driveway to lie entirely within the vacated right-of-way. Future utility easement would have to be acquired when and where necessary and it may be best for the city to retain the entire right-of-way. It was also noted that MnDOT required that Farm Road no longer connect to TH3 and this dead end stub does not meet the city's standard for cul-de-sacs. Director Colbert continued that the city has used and maintained this segment of road for 6 years for public purposes. If Farm Road is not vacated, some options that exist include constructing a cul-de- sac at the dead end of Farm Road to ensure the safest and most efficient plowing, move the dead end barricade from its existing location at the driveway to the east property line to the property on the north side of Farm Road and obtain an easement for a turn around or continue to plow with the motor grad er by backing in twice and plowing toward Dodd Road. • Another issue for the Council to consider, Colbert continued, is the affected property owner's reluctant acceptance of this vacation contains a condition that would require the City to purchase the south half of the right-of-way and convey it to him. This is an action that could be pursued to determine the economic feasibility as compared to long-term maintenance and temporary cul-de-sac construction. Staff is looking for direction relative to the vacation of this right-of-way and if so, what improvements should be made on Farm Road. Councilmember Masin asked what potential development may occur on the south side of Farm Road. Director Colbert explained that there is a large privately owned parcel that is expected to remain as a private home. It is expected that when/if the surrounding area develops there will be little, if any, need for Farm Road to be improved or upgraded. Councilmember Wachter stated he was not in favor in closing this section of road and wanted to see it continued until Red Pine opened to Dodd Road. Councilmember Awada opined that it was preliminary to provide improvements to this segment of road and that another access to the property on the northwest corner of Farm Road should be considered when the surrounding area develops . Councilmember Masin asked if the Council denied the vacation would they continue to maintain Farm Road. Director Colbert stated that the Council could decide to no longer maintain this segment of Farm Road or they could request that the maintenance continue as it has been. Councilmember Awada opined that this area will most likely develop at some time in the future and that would be a more appropriate time to install utilities and upgrade the road. Councilmember Hunter expressed his agreement with Councilmember Wachter and suggested that the vacation be denied and that the City continue to maintain Farm Road as it currently does. He continued that if the cost becomes prohibitive, plowing should be terminated. The owner could then be notified that an easement needs to be dedicated for a hammer head turn around if the homeowner wishes continued service by the city. Councilmember Awada reiterated that at the time this area develops further, the issue of upgrading the roadway can then be addressed. Wachter moved, Masin seconded a motion to deny the vacation of public right-of-way for Farm Road. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 6 • VACATE EASEMENT, POPPLER ADDITION Mayor Eagan introduced the request for a utility easement vacation for Poppler Addition. Administrator Hedges explained that the vacation of a drainage and utility easement is requested for consideration at a future Council meeting concurrent with the final plat approval for the Poppler Homestead Addition #2. Public Works Director Colbert continued that the Council received an application from Mr. Poppler requesting the City to vacate an old drainage and utility easement and schedule a public hearing. The vacation of this easement is a condition of approval of the Poppler Homestead No. 2 addition which must be completed prior to or concurrent with final plat approval. The developer is proposing to replace the vacated easement with a new dedication with the new plat. After a brief discussion, Mayor Egan closed the public hearing. Hunter moved, Awada seconded a motion to continue consideration of vacating a drainage and utility easement vacation to a future Council meeting concurrent with final plat approval for the Poppler Homestead Addition #2 within the next 60 days. Aye: 5 Nay: 0 Ot BUS I : .................................... ..................................... RECOMMENDATION, SOLID WASTE ABATEMENT COMMISSION CITY CODE AMENDMENT, SECTION 6.37, RESIDENTIAL REFUSE AND RECYCLING COLLECTION REQUIREMENTS After a brief introduction by Mayor Egan, Administrator Hedges explained that the Council is being asked to continue consideration of an amendment of City Code Section 6.37 pertaining to residential refuse and recycling collection requirements and establish a cap on residential hauling licenses, to • extend the moratorium on issuance of new residential licenses to April 1 and to provide staff direction on the Council's intent for the mechanism of introducing licenses to a targeted level. Assistant to the Administrator Hohenstein explained that the City Council had received a recommendation from the Solid Waste Abatement Commission concerning City Code and policy modifications to begin limiting the number of refuse and recycling trucks operating within residential neighborhoods. The Commission recommended that licenses be reduced only when a licensed hauler purchased another licensed hauler. The Commission also recommended that a third party could purchase an existing licensed business contingent upon issuance of a hauling license to the new owner similar to a situation where liquor establishments are sold contingent upon issuance of a City license to the new owner. The Commission would prefer that licenses be eliminated as existing licensees are purchased by one another. When the purchase of a firm results in one owner holding two licenses, one of them would be voided. Also when a licensed firm is purchased in whole by an unlicensed firm the new owner could apply for the license and it could be reissued by the City Council Hohenstein continued that staff and the City Attorney's office have been working on an - amendment to the City Code to establish a cap on the number of residential haulers operating on neighborhood streets as directed by the City Council. Although the City Attorney's office has been working with staff to develop an ordinance amendment which accomplishes the Commission recommendation, it presents certain challenges in that licenses are non-transferable by definition and require City issuance. Assistant Hohenstein concluded that staff and the City Attorney's office is requesting Council's direction regarding this item in order to finalize a draft amendment for Council consideration. Councilmember Awada opined that with the natural attrition of refuse haulers and the consolidation of pick-up areas this issue may resolve itself. There may not be the need to limit licensing if the • industry continues to consolidate their efforts. Hohenstein explained that this ordinance was a way to give the industry a nudge toward that kind of consolidation thus reducing the number of trucks on neighborhood streets. There still will probably be as many haulers as there are licenses available, Hohenstein concluded. EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 7 • Councilmember Hunter complimented staff for a very well written memo outlining the issues and concurred with the Commission's recommendations for the ordinance amendment. Hunter suggested that staff work with the City Attorney to craft an ordinance that meets the intent of the recommendations made by the Solid Waste Abatement Commission. Councilmember Awada asked if such an ordinance could be drafted. City Attorney Sheldon responded that they will continue working with staff to draft an ordinance to capture the intent as identified by the Commission and Council. After further brief discussion, Hunter moved, Wachter seconded a motion to continue consideration of City Code Section 6.37 pertaining to residential refuse and recycling collection requirements and establish a cap on residential hauling licenses; extend the moratorium on issuance of new residential licenses to May 1, 1996 and provided direction to staff on the Council's intent for the mechanism for reducing licenses to a targeted level. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT, OPUS CORPORATION FOR REVISIONS TO EAGAN PROMENADE MASTER PLANS Mayor Egan introduced this item as a Preliminary Planned Development Amendment for Opus Corporation (Eagan Promenade). Administrator Hedges stated that the Advisory Planning Commission held a public hearing on January 26 for the master plan exhibits as required in the Preliminary Planned Development approval on December 5, 1995. The Advisory Commission recommended approval with several conditions at their January 26 meeting. Opus indicated acceptance of the majority of the conditions expressing concern for six items including, rear elevation building materials, rooftop screening, pylon signage, clock tower and signage monument signs and wall signs. It was noted that the outstanding issues were reviewed at the January 30, 1996 Special City Council Workshop. Community Development Director Reichert updated the Council and stated the action to be considered is to approve the master plan dated 1/10/96 for the commercial component only, explaining that the residential portion will be submitted later for Council review. It was noted that the land owner behind the Byerly's store will not allow berming on their site, therefore, staff will work with Opus on the landscape requirement that will be placed on the Promenade site. The locations of the monument signs were then identified by Director Reichert. Reichert asked the Council to clarify their intent for the monument signs, asking specifically if they planned for them to be a maximum of 7' x 14' with a cornice top. The design of the sign has changed which makes the sign 6' x 11' with the cornice top architectural feature no longer part of the design. Opus has indicated they wish to maintain the maximum flexibility in offering these signs to their tenants. Mayor Egan expressed some confusion stating he thought this issue was resolved and wanted to understand if was an old issue being resurrected with a modification being requested or if this was, in fact, a new issue for the Council to consider. Director Reichert clarified that because of the various types of signs being proposed on the site, the size of the sign had not specifically been discussed by the Council previously. Councilmember Hunter concurred that the size had not been discussed by the Council and does need to be addressed. Relative to the size of the monument sign being proposed, Mayor Egan expressed concern for aesthetics and safety. Director Reichert expressed staff's recommendation that the sign be 5 feet high with a 3'x 6' face for lettering. Councilmember Awada opined that the face should be longer than 6 feet. Councilmember Masin expressed the need to provide quality signage but was concerned that the monument signs are too high and can impair vision from cars. She was not in favor of the height of the sign being greater than the height of cars driving through the parking lot. • EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 8 00049 • Michele Foster, Senior Director of Real Estate for Opus identified two separate issues; the size of the sign face and the size of the monument. The original monument sign was designed to be 7' x 14' and was reduced to 7' x 11'. The size of the sign face was originally 4' x 12' and was brought down to 3' x 11' as a compromise. Opus is open to looking at the possibility of making some more compromises, however, they feel that by bringing the height down much lower, there is a concern that the lettering will be covered with snow during the winter, making the sign unreadable. Of the two issues the size of the sign face is most important since this is where tenants may choose to place their name. Councilmember Wachter opined that signs on the building should be sufficient. Ms. Foster clarified that the tenants will have the option of either building or monument signs. Councilmember Masin reiterated her concern that the height of the monument will restrict vision from a vehicle. The 6 foot height will be well beyond the height of a windshield. Councilmember Awada suggested having the sign face 3 ' high and 11' in length with the sign height no more than 5 feet. Councilmember Hunter suggested that a 5' height would allow for the cornice top. After further discussion, Hunter moved, Wachter seconded a motion to limit the size of the monument signs not to exceed 6 feet in height, with a sign face 3 feet high and 10 feet wide, and to approve a Preliminary Planned Development Amendment for Eagan Promenade based on the plans dated 1/10/96 subject to the conditions outlined in pages 64 through 70 of the packet. Aye: 4 Nay: 1. Councilmember Masin voted nay based on her disagreement with the size of the monument signage. NEW:€BUSINESS • RESOLUTION AUTHORIZING ISSUANCE OF MULTIFAMILY RENTAL HOUSING REFUNDING REVENUE BONDS, WESCOTT TOWNHOMES APARTMENTS PROJECT 96.15 After Mayor Egan's introduction of this item, Administrator Hedges explained this was a request to authorize issuance of Multifamily Rental Housing Refunding Revenue Bonds for Wescott Townhomes Project, Series 1996 in the amount of $1,805,000. The original bonds, issued in 1985, are scheduled to mature in 2027 and since the maturity date is not changing, no public hearing is required. It was noted that the City has engaged Steve Rosholt of Faegre & Benson as bond counsel at the expense of the applicant to review all documents and there will be no expenses incurred by the city. Administrator Hedges added that there are three items the Council may consider adding as conditions, 1) Landscaping and irrigation on the site to be brought up to current standards and 2) signing of a waiver agreeing to pay the assessments as levied for projecting number 664 which covers street reconstruction improvements on Wescott Square and 3) as the HRA had reminded the City, in other projects the City has collected 1/8 of 1% of the refunding revenue bonds which are held in special accounts to cover costs incurred by staff with any residual funds going into housing projects i.e., senior housing. Brad Wirt, representing Miller & Schroeder Financial stated that this development meets FHA and HUD requirements and is also AAA rated. This proposal will reduce the interest rate for the owners from 7-7/8% to 5-3/4%. Mr. John Houston representing Joda, Inc, the General Partner, addressed the Council stating the owners do not object to the waiver agreeing to pay the assessments as levied, however, they are hoping that the condition to provide irrigation on the site will not be required. With the request before the Council, Houston continued that the owners will save approximately $36,000 through reduced interest rates and again reiterated their desire not to provide irrigation on their site. Councilmember Hunter expressed his agreement with providing irrigation on the site since the • Council would make that a requirement in any new development. The landscaping was also clarified by Director Reichert by stating that projects are required to provide 3% of their total cost for landscaping. EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 9 00050 Mayor Egan expressed his concern with the agreement relative to the latitude it appears to provide to the Mayor specifically as it relates to authorization to approve changes to the maturity schedules, ability to approve the final interest rate for the bonds, etc. The Mayor clarified that the City Council had the ability to approve issues for the City rather than the Mayor and reiterated his concern for the way the document is phrased. Administrator Hedges noted that the document can be reviewed by the City Attorney's office to provide clarification for the Council. A representative of Faegre & Benson explained that the verbiage in the agreement is based on what is required by HUD and also noted that Faegre & Benson has reviewed and approved the content of the agreement. Mayor Egan reiterated his concern for how the agreement is worded After a brief discussion, Hunter moved, Egan seconded a motion to approve the resolution authorizing issuance of Multifamily Rental Housing Refunding Revenue Bonds for Wescott Townhomes Project, Series 1996 in the amount of $1,805,000 with the following conditions: 1. Landscaping and irrigation on the site shall be brought up to current standards 2. A waiver shall be signed agreeing to pay the assessments as levied for project number 664 which covers street reconstruction improvements on Wescott Square. 3. The City of Eagan shall collect 1/4 of 1% of the Refunding Revenue Bonds as it has done with other project in similar situations within the City. 4. The language within the agreement shall be reviewed by the City Attorney's office and the bond company for clarification. • Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, KINGSWOOD PONDS REZONING OF 2.5 ACRES FROM AGRICULTURAL TO R-1 SINGLE FAMILY Mayor Egan introduced this item and Administrator Hedges noted that a public hearing was held by the Advisory Planning Commission on January 23, 1996 and approval was recommended subject to the 24 conditions outlined. Director Reichert explained that the proposed subdivision incorporated Kings Woods 3rd Addition,which received Preliminary Subdivision approval in 1993 and 2.5 acres of unplatted property currently zoned Agricultural. It was noted that the plan shows access on Wescott Road which will create a loss of parking at the Fire Administration site. The Advisory Parks, Recreation and Natural Resources Commission reviewed this development at their January 16, 1996 meeting recommending that the developer eliminate Lot 9, Block 1 because the impact to the wetland associated with this house placement is avoidable. In order to meet the non-degradation standard for run-off to Blackhawk Lake, the Commission also recommended that the developer be required to increase the wet pond volume of Pond JP-5 to 5.6 acre feet and that the City construct a bypass drainage system to carry outflows from Fish Lake directly to the outlet of Pond JP-5. Reichert continued that the developer is opposed to bypassing Pond JP-5 because of the potential increase of pollutant concentration that would occur in this pond. Director Reichert continued that the developer was also opposed to Conditions 15 and 16 which require extension of sanitary sewer and water main services to be stubbed to the undeveloped property north of the site and that the developer provide an improved public access to Kingswood Pond Road for the existing homes north of the site. EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 00051 PAGE 10 Rollie Crawford, representing Home Development stated that the development of this site has been difficult due to the topography, access and easements but they are very proud of the results to date. Mr. Crawford reviewed the issues he felt were germane to this development. Access and utility to the north provide some concerns because the precise location is not currently known nor is it known whether the current land owners are interested in using this access. The preliminary plat does not show a dedicated right of way on the north central portion of the site but that issue can still be addressed, however, the developer may not want to see the entire 50 foot area dedicated as right-of- way. Condition #19 which requires the widening of the road to 60', pushes the houses on the west side closer to the pond and requires more tree removal. The Advisory Planning Commission had suggested that setback variances be obtained for these lots. The most critical issue, Mr. Crawford continued, relates to the water flows from Fish Lake to Pond JP-5 and then on to Blackhawk Lake. The developer feels very strongly about not degrading the quality of JP-5 from it's current level and that if the pond is by-passed, the resulting condition will negatively impact the entire site significantly. The developer is willing to raise the wet pond volume of JP-5 by 5.6 acre feet by raising the normal water level by one (1) foot and by excavating the remainder. Mr. Crawford opined that this option provides a win/win option whereas the by-pass creates significant degradation of the pond. Mr. Crawford commented that the homes planned for this development will be even more upscale than those in the other Kingswood Additions. Councilmember Wachter asked how many trees would be impacted by raising the pond by one foot. Mr. Crawford opined that approximately 9 trees will be lost but commented that the Homes have planted approximately 20,000 trees on the site over the years. Mayor Egan asked if this by-pass issue had been addressed during the Kingswood 3rd Addition. He recalled that the Council had decided there would not be a by-pass through this development. Water S Resources Coordinator Brasch explained that the Natural Resources Sub-committee has reviewed this item on several occasions and has recommended that the by-pass be pursued because of the high classification of Blackhawk Lake. The Advisory Parks, Recreation and Natural Resources Commission has worked hard to preserve the integrity of the Water Quality Management Plan and felt that maintaining the integrity of Blachawk Lake was an important issue. Mayor Egan commented that this is a subdivision of high value homes and was concerned that they would surround a pond that may be degraded significantly with a by-pass. Councilmember Wachter agreed that he was not in favor of degrading Pond JP-5. Councilmember Hunter also agreed that JP-5 should not be degraded if the impact to Blackhawk Lake will not be significant additional degradation. Councilmember Masin asked if there were any other options because she did not want to see Blackhawk Lake compromised especially since it has the highest water quality classification within the City. Councilmember Awada stated she would prefer not to see Pond JP-5 degraded either. Councilmember Hunter opined that if the homes were already built, the City would not take the position of by-passing the pond to improve Blackhawk Lake, so he was uncomfortable creating that situation before homes are built. After further discussion, Wachter moved, Awada seconded a motion to approve a Rezoning of 2.5 acres from Agricultural to R-1 (Single Family). Aye: 5 Nay: 0 Wachter moved, Awada seconded a motion to approve a Preliminary Subdivision consisting of 49 single family lots on 30.07 acres subject to the 24 conditions listed in the January 23, 1996 Advisory Planning Commission minutes with the following conditions: 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 3, 1993: • Al, B1, B2, B3, B4, C1, C2, C3, D1, Fl, G1 and H1 EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 11 000S2 2. The property shall be platted. 3. The developer shall provide a planting plan that illustrates the proposed screening from the interstate. 4. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents shall be submitted and approved by the City Attorney's office and developer shall meet with any interested person for the homeowners association prior to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 5. Outlot A, the area between the western portion of the cul-de-sac and I-35E shall be maintained by the homeowners' association or platted as a part of adjacent lots with the Final Plat submission. 6. A 30-foot buffer strip, as shown in the grading plan, shall be provided around the edge of Pond JP-5 to protect the existing trees and vegetation with the exception of installing storm pipe and excavation necessary to raise the wet pond volume. 7. The developer shall not grade closer than 25 feet from the I-35E right-of-way line with the exception of providing screening. 8. Impacts to the wetland associated with placement of housing pads are avoidable, and Lot 9 on the grading plan dated 11/27/95 should be removed and Lot 8 incorporate the property encumbrancing Lot 9. S 9. Filling associated with the use of Lot 8 for a building site should be reduced to the de minimis provision allowed under the Wetland Conservation Act (WCA) which is currently 400 square feet per year up to a total of 5% of the area of the wetland. 10. The City should require review of the building and grading plan for this individual lot prior to issuance of a building permit for the lot to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement should be noted on the plat map for the subdivision. 11. All storm water runoff generated from the site shall be conveyed to Pond JP-5. 12. Modifications to Pond JP-5 will require MnDOT approval. grading over or connection to the 60" storm sewer line in the northwest corner of the site or the 54" storm sewer line in the southwest corner of the site will also require MnDOT approval. 13. A skimmer shall be constructed on the outlet to Pond JP-5. 14. The developer is required to raise the wet pond volume of JP-5 by 5.6 acre feet. This shall be accomplished by raising the normal water level by one (1) foot and by excavating the remainder according to a plan approved by the City's Water Resources Coordinator. 15. Sanitary sewer and water main services shall be stubbed to the north. 16. The Preliminary Subdivision shall be revised to provide sufficient right-of-way along the northern strip of land adjacent to the Bruestle Addition. 17. The cul-de-sac length shall be approved as shown on the Preliminary Plat. EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 00053 PAGE 12 -. 18. All private streets shall be constructed with concrete curb and gutter. 19. Kingswood Ponds Road shall be constructed to a minimum of 32 feet face-to-face from Lot 7, Block 1 to the main entrance to the development at Pilot Knob Road and Wescott Road. 60- feet of public right-of-way width shall be dedicated over this portion of roadway. 20. The developer shall dedicate appropriate right-of-way/easement as determined by Dakota County. 21. No work shall commence in the County right-of-way until a permit is obtained from the County Highway Department and no permit will be issued until the plat has been filed. 22. The developer shall petition the City to upgrade the Pilot Knob Road/Wescott Road intersection as a City public improvement project. 23. The developer shall install tree protective measures (e.g. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, o significant trees/woodlands to be preserved. 24. The developer shall provide a cash parks dedication and cash trails on that portion of the property not having previously fulfilled parks and trails dedication. Aye: 4 Nay: 1 (Malin) COMPREHENSIVE GUIDE PLAN AMENDMENT, ROTTLUND COMPANY After a brief introduction by Mayor Egan, Administrator Hedges explained that Rottlund Homes is • requesting approval of a Comprehensive Land Use Guide Plan Amendment from D-II, Mixed Residential to Roadside Business for approximately eight acres of property located at the northeast intersection of Interstate 35E and County Road 30 in the SE 1/4 of Section 20 and the SW 1/4 of Section 21. Administrator Hedges added that this request appeared before the Advisory Planning Commission on January 23 and was denied. Community Development Director Reichert explained that the purpose of the Comprehensive Guide Plan Amendment is to ultimately rezone the property to RB and provide two fast food restaurants, sit down restaurant, convenience gas and a hotel/motel in association with future applications for a rezoning to allow a mixed residential planned development with a small commercial area and a subdivision that will encompass a total of approximately 125 acres. It was noted that a portion of the site was zoned from Agricultural to C-2 in 1968 as part of a rezoning of 60 acres from Agricultural to a mix of R-6„ Residential Multiple and C-2, however this area had been designated R-II, Mixed Residential as shown on the City's Land Use Map dated 1975. The Advisory Planning Commission recommended denial of this Comprehensive Guide Plan Amendment, Reichert continued, because they felt 1) it would conflict with the Commercial Land Use Study working policies, 2) it would be premature at this time because the present Comprehensive Guide Plan designation is appropriate in light of how this general area is developing and 3) the proposed use on this site is too intense for existing and future neighboring residential uses. Todd Stutz, President of Rottland Company explained that they had started this process in April of 1995 focusing on the Comprehensive Guide Plan Amendment only. Plans will continue for this development pending the input by the City Council relative to this issue. Mr. Stutz explained that they feel this change would be compatible with the area given the property to the south is guided for Roadside Business. They also feel that the planned residential use for the remainder of the site can be • buffered somewhat from the freeway ramps by providing commercial use at this corner. It was noted that there are currently 2.3 acres zoned for Roadside Business and they are requesting that a total of 8 acres be designated under that zoning. EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 13 00054 • The developer also opined that the environmental impact would be minimal at this location and that it would not be appropriate to plan for residential develop so close to Diffley Road and 35E. Mr. Stutz then asked how they could best develop 2.3 acres already zoned for residential business without adding acreage to that designation. John Bannigan, attorney for the applicant, reiterated that the applicant feels that the development proposed fits well for this property. The service station, hotel/motel, fast food and sit down restaurants will compliment the development in this area of the city. Responding to some of the Advisory Planning Commission's concerns, Bannigan stated that the Amendment is not premature. Diffley Road is fully developed and ready to accept such use at this location. In response to the Commission's concern for intensity of development, Bannigan responded that the uses proposed for this site are consistent with the utilities proposed. Sandy Unger, 4542 South Mallard stated that she agreed with the findings of the APC. She opined that just because there is an on-ramp at this site doesn't mean the use needs to be so intense. Unger also stated that the market may very well be saturated in this area given the fact that Blackhawk Plaza just west of this site, has not been fully occupied since the center was built. Ben Orn, 41543 Starbridge rejected the argument that housing cannot succeed close to a freeway. He used the residential development at 35E and County Road 11 as an example of a very successful residential development abutting both major roads. Mr. Orn also opposed the construction of a hotel/motel and opined that the city does not need any more since an addition has recently been added to the Holiday Express on Cliff and 35E. Beatta Blomquist,Eagan resident, expressed her concern for the lack of detail that has been provided for this proposal at this point. She opined that considerable detail should be provided when • an applicant is requesting a Comprehensive Guide Plan Amendment. Councilmember Masin asked why there was such a small portion of property zoned Roadside Business. Director Reichert responded that the 2.33 acres was a result of the zoning that existed prior to 35E going through this area. Mayor Egan continued that originally a hotel and bank was proposed on the site where Blackhawk Plaza (now known as Diffley Center) is currently located. The 2.33 acres are the result of a larger area zoned Roadside Business that was divided with the construction of 35E. Director Reichert added that is was anticipated that the 2.33 acres of Roadside Business zoning would change to whatever zoning was designated for the remainder of the property on the east side of 35E. Mayor Egan asked what development rights are provided for the total 8 acres being requested for rezoning in relationship to the 2.33 acres already zoned. City Attorney Sheldon responded that the 2.33 acres does not bootstrap any of the 8 acres into the Roadside Business designation. Councilmember Hunter commented that the Advisory Planning Commission did a good job in reviewing this issue prior to denying it. He reiterated the city's intention to centralize the commercial zones within the city and complimented staff and the APC for their thorough review and presentation of the issues. Hunter stated that although Mr. Orn didn't agree, there definitely is a need for another hotel/motel in the city, however he agreed that this was not the location for one. Mayor Egan concurred with Councilmember Hunter's comments adding that the Advisory Planning Commission had come up with an objective, reasonable conclusion for denying the request. After further brief discussion, Hunter moved, Masin seconded a motion to direct the City Attorney to prepare Findings of Fact for denial of the Comprehensive Guide Plan Amendment for Rottland Company. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 PAGE 14 0V0 PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION V • UNITED STATES POSTAL SERVICE Following a brief introduction by Mayor Egan and Administrator Hedges, Community Development Director Reichert explained that the applicant is requesting a Preliminary Planned Development and Preliminary Subdivision to construct a postal service information operation east of T.H. 149 between Northwest Parkway and Lone Oak Parkway in the Waters Business Park. It is expected that this facility will employ approximately 750 people with expansion plans up to 900 people by the year 2005. Director Reichert concluded that the only issue that appears to be unresolved at this time is water quality. The developer has provided on-site ponding for water quality purposes on the preliminary plans and contends that all storm water management obligations, including those for water quality treatment, have been met through the granting of drainage and utility easements on wetlands within this Planned Development, but outside this particular subdivision. Although the easements appear to have satisfied some flood management issues, staff believes they have not and were not intended to satisfy water quality concerns. Doug Pierce, C.M. Architecture, representing the applicant, stated they are still exploring the water quality issue. After a brief discussion, Hunter moved, Awada seconded a motion to approve a Preliminary Planned Development to allow a 400,000 sq. ft. information and accounting services office building on 27.7 acres located within the LaukkaBeck Planned Development subject to the following conditions: 1. The City approves a 350,000 SF, 80' tall building on the future Lot 1, Block 1, US Postal Service Information Addition. 2. The City approves the preliminary site, grading,utility, and landscape plans dated January 5, • 1996. 3. The City approves 1,297 - 9' wide parking stalls, 489 in a designated proof of parking area. The USPS shall enter into a Proof of Parking Agreement. 4. Exterior building materials shall be brick, glass, stone or stucco accent material used on the Waters office/showroom buildings located south of the subject site. 5. The City and the USPS shall enter into a Final Planned Development Agreement. The following exhibits are necessary for this Agreement: Final Site Plan, Final Building Elevation Plan, Final Sign Plan, Final Landscape Plan, Final Lighting Plan. Upon submission of these final plans, provided they are in conformance with he Preliminary Planned Development the Final PD may proceed o the City Council for approval. 6. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. 7. All rooftop mechanical equipment shall be screened from view. 8. All signage shall comply with the City Code standards. 9. All building, parking/drive aisle, and landscaped areas shall be properly maintained. • 10. All landscaped and green areas shall be served by an underground irrigation system. . Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 00056 PAGE 15 Awada moved, Hunter seconded a motion to approve a Preliminary Subdivision consisting of one lot on 27.7 acres currently platted as Outlots C and D, Lone Oak Addition, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, Fl, G1 and Hl. 2. The developer shall plat the property. 3. The USPS shall be responsible for the construction of the median openings within Lone Oak Parkway and Northwest Parkway to accommodate the proposed traffic turning movements. 4. The USPS shall remove the existing public street access and left turn lane to the site at Lone Oak Parkway and Lone Oak Drive. 5. The USPS will be responsible for the vacation of the existing drainage and utility easement between existing Outlots C and D prior to Final Subdivision approval. 6. The USPS will be responsible for the costs related to the traffic signal system at Lone Oak Parkway and TH-1249. 7. The traffic signal system at Lone Oak Parkway and TH-149 shall be operational prior to USPS occupancy of the building. 8. The USPS shall install tree protective measures (i.e. 4 foot polyethylene laminate safety • netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The USPS shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Aye: 5 Nay: 0 ROUND TABLE:.... ......................... ................................... Administrator Hedges noted that there will be a public hearing regarding Carriage Hills on March 25. A separate meeting was scheduled for this item due to the amount of interest generated by the public and the input received to date. Hedges also referenced a recent article in the Star Tribune relative to fiscal disparities. Councilmember Awada opined that the public should be made aware of how this process works and suggested that it be communicated to Eagan residents through an insert in the utility bills or through the newsletter. Administrator Hedges responded that the May newsletter may be the appropriate vehicle to provide information and calculations of impact to Eagan residents. Councimember Masin stated that she had attended the Healthy Communities meeting this past Wednesday. She also noted that in the March 4 edition of Fortune magazine, it listed Coca Cola as the most admired company, Masin opined that a letter from the Council congratulating Coca Cola would be appropriate. As a final point, Councilmember Masin suggested that the Council follow up with holders of pull-tab permits to determine where the profits are going. Councilmember Wachter moved, Mayor Egan seconded a motion to pay all bills as submitted. Aye: 5 Nay: 0 S EAGAN CITY COUNCIL MINUTES, FEBRUARY 20, 1996 00057 PAGE 16 • ADJOURNMENT Wachter moved, Egan seconded a motion to adjourn the meeting. The meeting was adjourned at 10:00 to an executive session. CLM February 20, 1996 ► I 11.1 k Date City Clerk If you need these minutes in an alternate form such as large print,braille,audio tape, etc.,please contact the City of Eagan, 3830 Pilot Knob Road,Eagan,MN 55122, (612)681-4600, (TOD phone:(612)454-8535) The City of Eagan is committed to the policy that all persons have equal access to its programs services,activities,facilities and employment without regard to race, color, creed,religion,national origin,sex, disability,age,marital status or status with regard to public assistance. S I