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07/15/1986 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL _•,,na EAGAN, MINNESOTA JULY 15, 1986 A regular meeting of the Eagan City Council was held on Tuesday, July 15, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, Consulting Engineers Bob Rosene and Mark Hanson, City Planner Dale Runkle and City Attorney Paul Hauge. Mayor Blomquist chaired the meeting. AGENDA Ellison moved, Wachter seconded the motion to approve the agenda as presented. All voted in favor. MINUTES Regular meeting - July 1, 1986. Wachter moved, Egan seconded the motion to approve the minutes for the regular meeting of the Eagan City Council of July 1, 1986. All voted yes. Special joint meeting - June 26, 1986. Egan moved, Ellison seconded the motion to approve the minutes for the special joint meeting of the Advisory Planning Commission and City Council held on June 26, 1986. All Council members voted yea. SOUND LEVEL METER PROGRAM City Administrator Tom Hedges and Assistant Administrator Jon Hohenstein presented to the City Council a proposal whereby the City could use a sound level meter owned by the League of Minnesota Cities for up to eighteen months. In addition, Mr. Hohenstein recommended a joint meeting be held with the Air Noise Committee noting that he and other staff members have been meeting with MAC officials regarding the noise impact over the City. Smith moved, Egan seconded the motion to schedule a special meeting of the City Council for 6:30 p.m. on July 31, 1986 at the Municipal Center to consider the proposed capital improvements program, at 7:15 p.m. a special meeting of the City Council with the Air Noise Committee and at 8:00 p.m. a joint meeting with the Advisory Planning Commission to review the Comprehensive Guide Plan revisions. All Councilmembers voted yes. Mr. Hohenstein also discussed the 1972 agreement whereby it was understood that airplane take-offs would veer to the left across the northern portion of Eagan and generally avoid residential areas and it was proposed that the agreement be reinstated with the concurrence of Mendota Heights. 1 Council Minutes July 15, 1986 3S PARK COMMITTEE Tom Hedges stated that at the July 1, 1986 meeting, the City Council directed the Park Director to proceed with further negotiations to expand the acreage of the Northview Athletic Field and to acquire the fifteen-acre Ohmann property adjacent to the Fairway Hills Plat. In addition, there was consideration of the acquisition of other parcels and Ken Vraa was present to review with the Council progress to date. He presented several charts and described the parcels considered and answered questions about specific locations for park uses. Topography, cost, location, etc. are factors in determining appropriate sites. He indicated that the 8 acre park on the Pilot Knob site south of the City Hall may not be very adaptable for actual athletic purposes and the Peterson parcel at the southeast corner of the City does not appear available at the present time. The Park Department was requested to continue the process with a later report to the Councilmembers. CONSENT AGENDA The following consent agenda items were presented and recommended for approval: 1. Personnel Items: a. Clerk-Typist Pool. It was recommended that Corrine Smith be hired to fill the vacant position of the clerk-typist in the typing pool in the administrative division effective July 14, 1986. 2. Contractor's Licenses. A schedule of contractor's licenses including plumbing, heating, ventilating and general contractors was attached to the packet and it was recommended that the license applications be approved. 3. Extension of Health Insurance Coverage. In 1985 a new statute called Consolidated Omnibus Budget Reconciliation Act (COBRA) became law dealing with continuation of medical care benefits for employees and dependants. It was recommended the the Council approve the option and continuation of medical care benefits for employees and dependants to eighteen or thirty-six months depending on the circumstances as provided by COBRA from the date of termination of employment for reasons other than an employee's gross misconduct. 4. Eagandale Office Park 2nd Addition, Project #446. The assessment roll covering Project #446 regarding street and utility improvements in Eagandale Office Park 2nd Addition has been completed and it was recommended that the Council receive the roll and schedule a public hearing to held on August 19, 1986 at 7:00 p.m. at the Eagan Municipal Center. 5. Eagan Woods Office Park, Project #435. The assessment roll covering Project #435 regarding street and utility improvements in the Eagan Woods Office Park was completed and it was recommended that the roll be received and that the Council schedule a final assessment hearing on August 19, 1986 at the Municipal Center at 7:00 p.m. 2 Council Minutes July 15, 1986 6. Safari 2nd Addition, Project #439. The assessment roll covering Safari 2nd Addition street and utility improvements under Project #439 has been completed by the City Staff. It was recommended that the roll be received by the Council and that it schedule a 7:00 p.m. public hearing on August 19, 1986 at the City Hall. 7. Wes--bury 3rd Addition, Project #441. The final assessment roll for Project ;;441 consisting of Westbury 3rd Addition utility and street improvements has now been finished by the Engineering Staff and it was recommended that the roll be received and that the Clerk be authorized to advertise for a public hearing to be held on August 19, 1986 at the Municipal Center at 7:00 p.m. 8. O'Neil Trunk Storm Sewer Outlet, Project #443. The assessment roll for Project #443 was also completed regarding storm sewer outlet for the O'Neil Trunk Storm Sewer and the Staff recommended the roll be received and that the Council schedule the final assessment public hearing on August 19, 1986 at the City Hall at 7:00 p.m. 9. 1986 Sealcoating, Contract #86-8, CO #1. A change order to Contract #86-8 consisting of the 1986 sealcoating project was recommended in the sum of $50,805.00 noting that the original low bid had been considerably below the 1986 budget of $122,000.00. 10. Lexington Hills Addition, Project #478. A petition had been received and the feasibility had been completed for sanitary sewer improvements in Lexington Hills Addition under Project #478. It was recommended the Council receive the feasibility report and order detailed plans and specifications for Project #478. 11. Lexington/Northview Park - Trunk Storm Sewer, Project #479. A petition had been received from the developer in the area of Lexington/Northview Park for trunk storm sewer improvements and it was recommended the petition be received and that the City Engineer be authorized to prepare a feasibility report and detailed plans and specifications. 12. Wyndham Corporate Center Addition Final Plat. The developer of the Wyndham Corporate Center Addition has completed the final plat and submitted an application for approval. The Staff recommended approval subject to compliance with all City requirements. R 86-49 13. Cverhill Farm 2nd Addition Final Plat. The final plat for the Overhill Farm 2nd Addition appeared to be in order and the Staff recommended approval of the application for final plat approval subject to compliance with all City ordinance requirements. R 86-50 14. Rahn Cliff 1st Addition Final Plat. The final plat application for Rahn Cliff 1st Addition had been submitted and based upon compliance with all City requirements, it was recommended that the final plat application be approved. R 86-51 3 Council Minutes July 15, 1986 T[~'''gy 15. Wescott Hills 4th Addition - Storm Sewer Project 86-R. Project 86-R storm sewer improvements in the Wescott Hills 4th Addition have now been completed and the Consulting Engineering firm recommended that the City accept the project for perpetual !maintenance. Upon motion by Egan, seconded by Wachter it was resolved that the foregoing consent agenda items be approved and authorized to be implemented. All voted yes. HIGHVIEW AVENUE - PROJECT #476 - STREET IMPROVEMENTS Mayor Bea Blomquist convened the public hearing regarding Project #476 consisting of street improvements for 660 feet west of the centerline of Pilot Knob Road on Highview Avenue. Tom Colbert indicated that this segment of Highview Avenue was originally proposed to upgraded under Project #292 in 1980 and at that time the estimated rate per front foot was $21.00 with a final assessment rate of $19.24 per front foot. Mark Hanson detailed the project to the members of the Council and to the people in the audience. He noted that the present gravel construction was installed in 1980 and also reviewed several alternates which could reduce the cost. Roger Sperling, an affected property owner, objected that the petition submitted by residents who would not be assessed for the project was an improper petition. Al Drenckrahn, another owner whose property was proposed to be assessed, had requested a study be prepared by the City Staff for the potential replacement and construction of curbing on the balance of Highview Avenue and it was noted that the Council did not order such a study. He also suggested that County Home Heights be included in the study in order to lower the front foot cost of the improvements for the area proposed on Highview Avenue. Councilman Wachter stated the Council did not determine it feasible to request a study for the balance of Highview Avenue or for Country Home Heights. Traffic counts have been taken by the City and Ed Martin who distributed the petition requesting the improvements indicated that the stretch of gravel road was dangerous, messy and he was in favor of the project. Another owner in the area indicated that it is the only logical way out to 1-494 from Highview Avenue and also the dust control measures have created residue on automobiles during the summer. Doug Selby, an affected owner, objected to the improvements and stated that there is greater acceleration on blacktop and therefore safety on the gravel portion should not be an issue. Mr. Colbert stated that thru commercial traffic has been discouraged on Highview Avenue. The number of vehicles per day on Highview Avenue decreases further to the west according to Mr. Colbert's findings. There were six owners who were generally opposed to the project and the rest of the persons present favored the installation of the improvements. Mr. Toomey spoke in favor of the project. John Odink had questions about the assessments and it was noted that his property would receive a 75 foot corner lot credit on Pilot Knob Road. 4 Council Minutes July 15, 1986 139 Councilman Ellison mentioned that there are some streets in the City that should be upgraded and these will have co reviewed in the future. Councilman Egan was opposed to substandard streets because of the maintenance cost, safety problems and nuisance and indicated it was a mistake to divide the street for improvements in 1980. One of the reasons for delaying the construction of that portion of Highview Avenue was that the grade of Pilot Knob Road had not been determined in 1980, but now the road had been upgraded and the grade of the road had been determined. Councilmembers generally spoke in favor of the project and Smith moved, Wachter seconded the motion to close the pubic hearing, order the project in and authorize the preparation of the plans and specifications. All members voted yes. DEERWOOD SCHOOL ADDITION - UTILITY EASEMENT VACATION The public hearing regarding the vacation of the utility easement at the Deerwood School Addition on Deerwood Drive was convened by Mayor Blomquist. A request had been received from the Rosemount School District 196 to vacate an existing watermain utility easement and the vacation was explained by Mr. Colbert. There were no objections and Smith moved, Wachter seconded the motion to close the hearing and to authorize the vacation of the utility easement. All voted yes. BLACKHAWK GLEN 1ST.ADDITION_-,-DRAINAGEEASEMENT VACATION;:. The public hearing regarding the proposed vacation of a drainage and utility easement over a portion of Blackhawk Glen Addition was convened by the Mayor. Mr. Colbert explained the reasons for the vacation and there were no appearances. Egan moved, Smith seconded the motion to approve and authorize the vacation of the drainage easement. All voted affirmatively. WILLIAMS & LARUE ADDITION - SANITARY SEWER - PROJECT #450 The next public hearing that was convened by the Mayor consisted of Project #450 regarding Williams & LaRue Addition sanitary sewer improvements. Mr. Colbert stated that on December 3, 1985 a public hearing was held to discuss the installation of the sewer laterals and the Council ordered in the project. The bids have now been received and it was determined the cost to construct the sanitary sewer lateral, service and related restoration exceeded the estimate discussed at the public hearing and therefore, a new public hearing was scheduled. A meeting had been held with the property owners and they recommended that the Council proceed with the award of the contract and there was no one present objecting to the project. Certain deletions were recommended by the property owners. Wacher moved, Egan seconded the motion to close the public hearing and approve Project #450 and authorize the award of the contract with certain deletions as recommended by the Department of Public Works. All Councilmembers voted aye. 5 Council Minutes July 15, 1986 PILOT KNOB ROAD TRUNK STORM SEWER - PROJECT #473 Mayor Blomquist then convened a public hearing regarding Project #473 consisting of proposed trunk storm sewer improvements in the Pilot Knob Road area. Public Works Director Colbert described the master storm sewer plan and how improvement in three locations, including Evergreen Park, Mooney Lake and City Hall areas are required to be upgraded in order to complete the storm sewer improvements along Pilot Knob Road. He indicated that some owners have already been assessed and will not be reassessed, but were notified about the hearing for informational purposes. Mark Hanson reviewed in detail the lateral storm sewer from Evergreen Park and the outlet for BP15. There are no proposed assessments in the Evergreen Park area. As to the Mooney Lake area, a storm sewer line is proposed to be extended easterly to JP8 and then to JP9 with the location of the pipe from Mooney Lake JP8 generally along the north lot lines. There was no detailed survey that had been accomplished at the present time. Bruce Tiske of Berryridge Road representing several owners in that immediate neighborhood was concerned about the location of the line on the north side of their property and had objections primarily of loss of property value from trees being removed. He questioned whether alternate plans had been reviewed and Mr. Colbert discussed the alternates and stated that maintenance costs and inability to implement a gravity system does not make any of the alternates.: feasible. A.petition from the affected property owners on Berryridge Road objecting to the project was submitted. Karen Hosford of Deerwood Drive discussed the assessments and was concerned about the disturbance proposed along their property line. Tom Rooney, an owner east of Mooney Lake objected to the assessments and stated there would not be adequate benefit to the parcels, noting that the reason for the project is to take drainage off of Pilot Knob Road. Tom Bergin, Deerwood Drive, had questions about the two letters sent out by the City and also stated it was his opinion there would not be adequate benefit to his property based upon the amount of assessment proposed to be levied. Mike Kohler of Deerwood Drive objected to the notice and also asked how his property would drain into the benefited area. It was explained the lower area on his land will not have an outlet, but there will be a storm sewer system in place under the proposal. Mayor Blomquist noted that the residents affected need to determine the affect upon them by the proposed easement and the possible need to make an appraisal to determine the benefit to the property. Mayor Blomquist moved, Smith seconded a motion to continue the hearing until the September 16, 1986 regular meeting at 7:00 p.m. and that Staff prepare to do a field survey to determine the best location and the impact upon the neighborhood from the installation of the storm sewer line and also to do more detail regarding the neighborhood and the assessments and benefits against the affected property. All members voted yes. Tony Caponi, an affected property owner, had requested a two month delay to allow the Park Committee to make recommendations regarding the storm sewer installation. Councilman Smith then recommended that the Staff prepare a preliminary study for the proposed development of the City Municipal Center property including the proposed location of the storm sewer across the property south of the City Hall. 6 Council Minutes July 15, 1986 OFF-SALE LIQUOR LICENSE POLICY The next continued public hearing dealt with the consideration of the elimination of limits on the number of off-sale liquor licenses authorized within the City. The Council considered the issue at its June 17, 1986 meeting and directed Staff to compile and review regulatory provisions and restrictions concerning licenses in other communities. Administrative Assistant Liz Witt submitted a memo dated July 7, 1986 with a schedule of restrictions from other cities and also letters from interested persons were reviewed. Mayor Blomquist stated that she had received numerous telephone calls from interested parties who generally opposed the removal of the limit on the number of licenses authorized to be issued. Councilman Egan mentioned that some of the regulations including the requirement for free-standing building and one mile between licensed locations are examples of types of controls that other cities have imposed. He also noted that the City Council has a degree of responsibility regarding the numbers and locations of licenses. Councilman Ellison stated he also received calls objecting to the change, but argued that supply and demand in a free market system was the best way to determine whether the limit should be lifted. He also noted that the objectors are current licensees and those who object to the use of liquor generally. The Council will continue to scrutinize applicants in the future and he recommended a free market system control. Councilman Ellison also submitted a list of five recommendations for guidelines which were discussed by other Councilmembers. Mayor Blomquist noted the need to be responsive and suggested the limit be based upon a certain number of households per license with 2,500 households proposed for each license. Councilman Egan suggested that geographical boundaries limitations under the number of licenses per household or population are other considerations. Councilman Smith suggested that to use the household criteria would be substituting one artificial restraint for the existing restraint and problems could arise. Councilman Ellison moved to strike the limit and include the guidelines that he had suggested in him memo of July 15, 1986. There was no second and the motion died. Councilman Egan then moved, Blomquist seconded the motion to amend the current policy to replace the limitation of five licenses with one license for at least 2,500 households with the understanding any increases will be in those areas determined exclusively by the City Council. Councilman Smith then moved to amend the motion to provide for one license for each 2,000 households and that the criteria not include any specific geographic location. Wachter seconded the motion. Councilman Ellison argued that such changes would not create a revision of the existing ordinance. Those in favor of the amendment were Smith and Wachter, those against were Ellison, Egan and Blomquist and the amendment died. Those in favor of the main motion were Egan and Blomquist, those against were Ellison, Smith and Wachter and the main motion died. 7 Council Minutes July 15, 1986 There was then discussion about revising the original motions. Smith moved, Egan seconded a motion to reconsider the main motion. Ellison voted no and the remaining Councilmembers voted yes. Egan then moved and Smith seconded the motion to amend the off-sale liquor ordinance to include the following: 1. The City of Eagan will allow one license for each 2,000 households as determined by accepted data determined by the City staff. 2. It is understood that a sixth off-sale license will not be approved until at least July 1, 1987. 3. No additional off-sale liquor licenses will be approved until August 1 of each year, commencing on August 1, 1988. 4. The applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of the off-sale store. Those in favor were Egan, Smith and Wachter. Those against were Blomquist and Ellison. TOWN CENTRE 70 OFF-SALE LIQUOR LICENSE The application of Curtis Johnson for off-sale liquor license in Town Centre Eagan Shopping Center was again considered by the City Council. At the May 6, 1986 meeting, the City Council authorized the amendment of the City Code to allow the fifth off-sale license and at the May 21 City Council meeting the action regarding the license was continued to allow for public hearing and potential amendment to the off-sale license regulations. The applicant was present and there were no objections. Upon motion by Smith, seconded Egan it was resolved that the application be approved subject to compliance with all City requirements. All voted in favor. SOLID WASTE ABATEMENT COMMISSION APPOINTMENTS Tom Hedges reported that a Solid Waste Abatement staff report was completed on April 1, 1986 by Administrative Assistant Hohenstein and the recommendation was made to appoint a Solid Waste Abatement Commission comprised of up to nine members. The purpose would be an ad hoc fact finding body to explore solid waste abatement a cernatives including persons that indicate an interest in the commission positions. In addition, it was recommended that the Eagan Chamber of Commerce recommend one person to the Commission. Smith moved, Ellison seconded the motion to appoint Darlene Barr, 2081 Marble Lane, Larry Knutson of Knutson Rubbish Service, Tom Mann, 1231 Carlson Lake Lane and Jon Hohenstein representing local government to the Commission with an additional Chamber of Commerce recommendation to be considered at a later time. All voted in favor. 8 Council Minutes July 15, 1986 s, HRA FIRST-TIME HOMEBUYERS PROGRAM During the fall of 1985 the City authorized Dakota County HRA to undertake a $10,000,000 tax-exempt mortgage revenue bond program and Mr. Hedges stated that in order for the Dakota County HRA to proceed with the bond sale, the resolution must be adopted that authorizes and directs the execution of an agreement assigning residual revenues of the City's single family mortgage revenue bond in 1980 in the amount of $300,000 to the 1986 $10,000,000 tax- exempt mortgage revenue bond program. Mark Alfers and a representative of Miller & Schroeder were present to answer questions of the City Council. Mr. Alfers explained the tax law uncertainty and the problem of the investment of the proceeds after the sale creating a negative arbitrage problem where issues that are still to be resolved. After discussion, Smith moved, Egan seconded the motion to approve the pledge agreement as proposed and authorize the Dakota County HRA 1986 single-family mortage revenue bond program with the understanding that the HRA will attempt to implement the project by September 1, 1986. All voted yes. DAKOTA COUNTY BANK PYLON SIGN PERMIT An application from Dakota County State Bank for an amendment to a conditional use permit to allow 25 square feet of additional signage for the existing pylon sign for the Dakota County State Bank on Cliff Road was submitted to the Council. Dale Runkle explained that a permit was approved for the sign on February 25, 1985 with a maximum sign of twenty feet in height and not in excess of 70 square feet in sign area. Normally 125 square feet of sign area per sign is permitted and upon motion by Ellison, seconded by Wachter it was resolved that the application be approved. All members voted affirmatively. RAHN RIDGE WAIVER OF PLAT The application of Ronald Ebb, B.H. Grace Corporation for waiver of plat for Lots 1 and 2. Block 2 and Lot 5, Block 3, Rahn Ridge to allow the split of duplexes on the lots was presented. There were no objections and upon motion by Egan, seconded by Wachter, it was resolved that the application be approved. All voted yes. OVERHILL FARM 1ST ADDITION REZONING The application of Overhill Properties, Inc. and David Dehler to rezone Lots 1, 2, 5, 6 & 7, Block 2, Overhill Farms 1st Addition from R-2, Residential Double to R-1, Residential Single came to the Council for its consideration. Dale Runkle briefly explained the application and noted that the Advisory Planning Commission had recommended approval. It was noted there were two duplex lots between Lots 2 and 5 where duplex units have been constructed and there was concern about non-conformity of the zoning. David Dehler was present. Blomquist moved, Wachter seconded the motion to approve the application as submitted subject to compliance with all City requirements. All voted yes except Smith who voted no. 9 Council Minutes July 15, 1986 EAGANDALE CENTER INDUSTRIAL PARK CONDITIONAL USE PERMIT FOR ADVERTISING SIGN An application of Indy Outdoor Advertising Sign Company for a conditional use permit for a two-sided advertising pylon sign fronting on 1494 on Lot 14, Block 1, Eagandale Office Park was brought to the Council. Mr. Hedges introduced the application and noted the Advisory Planning Commission recommended denial. Dale Runkle stated that a sign permit application had been denied in the general area about one year ago. There were objections from adjoining property owners and it was noted there is an existing building sign on the property. The intent of the ordinance, according to Councilmembers, was to avoid an advertising sign in such locations and Wachter moved, Egan seconded the motion to deny the application noting the Advisory Planning Commission recommended denial, the intent of the ordinance is not being fulfilled, it is an inappropriate location, and opposition for neighboring property owners. All as more fully detailed in the Resolution, a copy of which is attached to these minutes. All members voted affirmatively. FAWN RIDGE 2ND ADDITION PRELIMINARY PLAT AND REVISED SITE PLAN The application of Sienna Corporation for preliminary plat and revised site plan approval for Fawn Ridge 2nd Addition was considered by the Council. The Advisory Planning Commission at its meeting on June 24, 1986 recommended approval of the proposal which would provide for 68 single-family lots on a 33.7 acre parcel some of which lots deviated from the R-1 residential single- family district lot requirements. The original proposal would include 37 duplex lots and approximately 23 single-family lots for a total of 97 dwelling units. Dale Runkle explained that the reduction was from 97 to 68 units with 19 lots less than 12,000 square feet and 11 lots less than 10,000 square feet as proposed. It was further noted that the narrowest lot frontage would be 67 feet with a large number in the 70 foot area. Rod Hardy was present on behalf of the developer and answered questions concerning the proposal noting that the request provides for a reduction in the density as currently platted. Councilman Ellison suggested the sizes and widths were not adequate according to current standards. Councilman Egan indicated that the Council is interested in trade-offs primarily with density reductions. Councilman Smith moved, Councilman Egan seconded a motion to approve the application noting that the proposal is an improvement, that the topography is very rolling and that the property is more appropriate for R-1 use, subject to the following conditions: 1. The final grading/drainage plan shall include emergency overflow swales at all street low points. 2. The water main shall be extended from North Hay Lake Road to the Cliff Road property line. 3. A 40 foot half right-of-way and a 65 foot half right-of-way shall be dedicated for Dodd and Cliff Roads, respectively. 10 Council Minutes July 15, 1986 4. This development shall dedicate the appropriate ponding easements over Pond LP-33 and Pond LP-65. 5. This development shall dedicate a minimum 20 foot utility easement over all public utilities not installed within public right-of-way. 6. The right-of-way at all street intersections shall contain a 20 foot radius. 7. This development shall be responsible for a lateral benefit assessment from future trunk water main along Cliff Road at the rates in effect at the time of final platting. 8. This development shall be responsible for obtaining the necessary permits/approvals from MPCA, MWCC, Minnesota Department of Health, and Dakota County Highway Department. 9. All costs associated with the installation of internal public streets and utilities shall be the sole responsibility of this proposed development. 10. The plat be reviewed by the Dakota County Plat Commission because the plat abuts County road right-of-way. 11. The deviation from the standard lot size requirements shall be approved for the plan dated May 14, 1986. 12. The plat shall be subject to the Park Commission's review for trail requirements along County Road 32 and Dodd Road. 13. All standard plat conditions shall be required for this development. Blomquist moved, Ellison seconded a motion to amend the main motion to provide that the minimum frontage at the setback line shall be no less than 70 feet for any of the lots. All voted in favor of the amendment and all members voted in favor of the main motion as amended. SEE PLAT FILE COMPRI HOTEL APPLICATIONS The applications of the Compri Hotel and Opus Corporation for preliminary plat approval, conditional use permit for Eagandale Office Park 4th Addition for a 6 story, 190 room hotel and future restaurant rezoning from GB & I-1 to Commercial Planned Development and Comprehensive Guide Plan Amendment came to the Council for its review and consideration. The Advisory Planning Commission, according to Mr. Runkle, recommended approval of the applications and the Advisory Parks Commission recommended that the 1986 rate for commercial-industrial park land dedication fee and trailway on Pilot Knob Road be included as conditions. Council Minutes July 15, 1936 It was noted that all of the land formerly zoned GB at the southeast intersection of 494 and Pilot Knob Road had been included in the 1-494 right- of-way and in effect the roadside business use would be somewhat comparable to the area originally zoned GB. Mr. Runkle further indicated that the proposal is short on required parking, but the applicants have conducted a proof of parking study and have determined that less parking is possible because of the nature of the hotel use and further that additional parking area is available in the event it becomes necessary. Representatives present were Bob Worthington for Opus Corporation, Greg Nook, Architect and representatives of Prism Development Corporation. Bob Worthington discussed the historical development including the former GB zoned area and Tom Gaffney on behalf of Prism Development, explained the proposed stream-lined luxury hotel which will not include some of the normal hotel amenities. He further mentioned that five Compri Hotels are now open throughout the country with about 12 under construction. Mr. Gaffney stated an application for a conditional use permit for an on-sale liquor license had been submitted with the understanding that it will be a public license but they don't intend to advertise the sale of liquor in the hotel. A separate restaurant is planned to be opened to the public adjacent to the site. Councilman Smith was concerned about the food/liquor ratio and also questioned whether it would be practical for the City to issue two liquor licenses for the restaurant and for the hotel. It was suggested that the hotel and restaurant be connected with one license being issued for the project. In addition, Mayor Blomquist recommended that only the hotel site Comp Guide amendment be approved at the present time, noting there is no user for the restaurant at the present. The entire site is 4.9 acres with the hotel site being 3.8 acres generally similar in size to the former GB zoned parcel. A. Egan moved, Wachter seconded the motion to approve the application for Comprehensive Guide Plan Amendment to cover only the hotel site consisting of Lot 1, Block 1 for Planned Development Roadside Business use excluding the restaurant and the outlot to the east. All voted yes. B. Egan then moved, Wachter seconded the motion to approve the application for rezoning for motel use only to planned development with roadside business use. All Councilmembers voted yes. C. Ellison moved, Wachter seconded a motion to approve the application for preliminary plat subject to the Following conditions: 1. All standard platting and rezoning procedures shall be adhered to. 2. All signage code requirements shall be adhered to. 3. The trash area, perimeter parking shall be screened from public streets. 4. A detailed landscape plan shall be submitted with emphasis on saving the existing oaks and providing ground cover plan materials on all 2:1 - 3:1 slopes. The plan will be bonded and not released until one year after the installation. 12 Council Minutes } :b(, July 15, 1986 5. The total number of parking stalls shall be approved as the site plan demonstrates. 6. A separate liquor license shall be issued for the hotel's restaurant. 7. Lot 2 shall be subject to site plan review by the Advisory Planning Commission and City Council. 8. The plat shall be subject to the Advisory Parks & Recreation Commission recommendations and the Parks dedication fee. 9. The main access drive to this site shall line up with Corporate Center Curve. 10. The two accesses into this development shall be separated by a minimum of 200 feet and be a minimum of 30 feet wide. 11. A 20 foot utility easement shall be dedicated adjacent to the Corporate Centre Drive right-of-way. 12. A 10 foot utility easement shall be dedicated adjacent to the easterly lot line for sanitary sewer purposes. 13. This development shall be responsible for MPCA and MWCC permits if required. 14. This project shall be subject to approval and review by the Eagan Fire Department, in particular with regard to access to the northerly end of the building, and the location of the trash storage. All Council members voted yes. D. Then Smith moved, Egan seconded the motion to approve the application for conditional use permit noting that the Building Inspection Department and Fire Department had reviewed the application and had no objections. All voted in favor. Mr. Worthington also requested approval of a grading permit and Tom Colbert discussed the policy regarding grading permits in compliance with the current City Ordinance and its policies. Blomquist moved, Egan seconded a motion to grant the grading permit subject to compliance with all City requirements and to authorize the City staff to issue a permit upon such compliance. All members voted yea. R 86-52 CHATTERTON PONDS PRELIMINARY PLAT AND REZONING The application of Robert Engstrom for preliminary plat approval of Chatterton Ponds consisting of 28 single-family lots on 19.6 acres and rezoning from A, Agricultural to R-1, Single-family came to the Council for its review. Dale Runkle introduced the application and noted there is an existing residence on the property and the Advisory Planning Commission 13 Council Minutes July 15, 1986 recommended approval of-both-applications. The project would consist of a.650 foot.cul-de-sac, but it did not appear that there were other alternates for access to and out of the property. Bob Engstrom appeared as did Howard Kylo for the applicant in addition to Mick and Eunice Chatterton, the owners. Mr. Engstrom stated that he has buyers for the lots and will perform architectural control functions for one year requiring layouts for the homes on each of the lots. He stated he would prefer a double entry from Pilot Knob Road, although staff recommended a single entrance. He also proposed narrower street widths because many of the lots have single frontage due to the terrain and ponds on the property. There were questions from Councilmembers concerning the cul-de-sac islands and Mr. Colbert suggested experimenting with this plat noting that it appeared to be an appropriate plat to do so. Councilman Egan recommended full standard street widths and also had concerns about safety, having in mind the excessive lengths of the cul-de-sacs. Councilman Wachter was concerned about fire safety and snow storage on the cul-de-sacs. Earl Kenneally of Pines Condominiums to the south appeared and strongly recommended approval of the application. Egan moved, Ellison seconded a motion to approve the application for rezoning to R-1 single family and preliminary plat approval subject to the following conditions: 1. A variance shall- be granted for the length of cul-de-sac-street copstruction. 2. All internal rights-of-way shall be a minimum of 60 feet in width. 3. All internal street construction shall meet City standards for width with final cul-de-sac design being approved by the Engineering Division. 4. All grading, street and utility construction shall be in conformance with current City engineering design standards. 5. All drainage, utility and ponding easements shall be dedicated with the final plat of sufficient size to accommodate all public utilities, ponds and trailways. 6. This development shall assume all costs associated with the installation of streets and utilities to service this subdivision. In addition, it shall be responsible for the additional trunk area storm sewer assessments associated with-this single-family development. 7. The final plat shall not be approved until the outlet for Mooney Lake (JP-7) has been ordered by Council action. 8. The Pilot Knob Road access center island shall be eliminated. 9. The association shall be responsible for the maintenance and planting of the cul-de-sac islands. 10. The existing farm animals (cows) shall be removed prior to building permit issuance. 14 Council Minutes July 15, 1986 11. Park dedication fees and trail issues shall be resolved prior to final plat. 12. All standard plat conditions shall be adhered to. 13. All lots shall have at least 50 feet of frontage in compliance with ordinances. 14. This development shall be responsible for lateral benefit assessments for water and sanitary sewer. 15. The split entry shall not be allowed but that center islands in the cul-de-sacs shall be approved. It was also recommended that the staff plan to save as many trees as possible in the boulevard areas. 16. A cash dedication requirement shall be required for all lots. 17. Trailway on Pilot Knob Road shall be tha respondibiiity of this development. 18. A five foot bituminous path shall be developed connecting the easterly most cul-de-sac to the east boundary of the plat, connectable to the trailway in Berry Ridge Park. 19. The developer shall bench in a trail bed two feet above the normal pond elevation, and provide a trail easement through proposed lot 24 to that portion of Berry Patch Park now inaccessible. All members voted affirmatively. SEE PLAT FILE TRAILS OF THOMAS LAKE PRELIMINARY PLAT The application of New Horizon Homes for preliminary plat approval of the Trails of Thomas Lake, Outlot C of Thomas Lake H:,ights south of the proposed Deerfield apartment project then came to the Council. The Comp Guide designates the area as a mixed parks and R-2 with density of 3-6 units per acre. Current zoning is R-3 as a part of the Blackhawk Planned Development. Dale Runkle described the application and noted the quadrominium buildings exceed the 30 foot front yard setback and have more than 30 feet between buildings which is required in Thomas Lake replat in 1983. An association will control the -rash pickup and maintain the common areas. There were no objections. Greg Frank appeared on behalf of McComb Knutson for the applicant. The Planning Commission recommended approval subject to conditions and it was noted that a cul-de-sac variance of 30 feet will be required, but there did not appear to be any alternates to the proposal. Ellison moved, Egan seconded a motion to approve the application subject to the following conditions including the variance for 30 feet for the 530 foot cul-de-sac: 15 Council Minutes July 15, 1986 1. All detailed utility and street improvement plans shall be designed in accordance with current City engineering standards and requirements. 2. Additional right-of-way and/or roadway easements shall be conveyed to allow the construction of the temporary cul-de-sac for Clemson Drive on the west boundary. 3. A variance shall be granted prior to final plat approval for the excessive length of the cul-de-sac. 4. Street name for the cul-de-sac shall be changed to Clemson Court or Circle. 5. The water main shall be looped from the cul-de-sac to the existing stub in the northeast corner. 6. All drainage, ponding and utility easements shall be dedicated on the final plat as required by City staff, subject to final detail plan review and approval. 7. This plat shall be subject to all of the applicable conditions in the Blackhawk Park PD Agreement. 8. One Homeowners Association shall control the entire development of "The Trails of Thomas Lake". 9. This plat shall be subject to all standard plat conditions. All members voted yes. SEE PLAT FILE PARK FOREST APARTMENTS REZONING AND PRELIMINARY PLAT The application of Design Collective for rezoning from Agricultural to R-4 multiple and for preliminary plat approval of Park Forest Apartments in the southeast quarter of Section 16 west of Federal Drive and 35E was presented to the Council. Mr. Runkle indicated that the applicant had requested a continuance and Wacher moved, Egan seconded a motion to continue the applications indefinitely at the request of the applicant. All voted yes. SEE PLAT FILE SOUND LEVEL METER PROGRAM City Administrator Tom Hedges described the report of Administrative Assistant Hohenstein regarding the proposed loan of a sound meter from the Minnesota League of Cities and recommended that the Council approve the loan. Smith moved, Ellison seconded the motion to approve the implementation of the sound meter program through the League of Minnesota Cities as recommended by the staff. All voted yea. 16 Council Minutes July 15, 1986 PPBLIC IMPROVEMENT PROJECTS 1. Contract #86-2 - Nicols Road. The plans and specifications for Nicols Road have now been prepared and it was recommended that the Council approve the plans. Tom Colbert updated the Council regarding revisions to the plans and noted the staff recommended an eight-foot bituminous trail whereas the property owners along Nicols Road had suggested a five-foot concrete trailway. He further mentioned that MSA designation had not been approved at the present time and possibly only the south half of Nicols Road could be constructed in 1986. Councilmembers suggested a deviation from the eight-foot bituminous trailway would be an unwise precedent. Wachter moved, Egan seconded a motion to approve the plans and specifications for Contract #86-2 consisting of Nicols Road street improvements and authorize the advertisement of bids for a bid opening to be held at 10:30 a.m., August 14, 1986 at the Eagan Municipal Center with the understanding that an eight-foot trailway will be installed. All Councilmembers voted yes. 2. Daniel Drive - Contract #86-18. It was recommended that the contract be awarded to the low bidder under Contract #86-18. Upon motion by Egan, seconded by Wachter, resolved that the bid of Nodland Associates in the amount of $268,527.50 be approved and the contract be awarded. All voted yea. 3. Williams & LaRue Addition and Wyndham Corporate Center - Contract #86- 11. The low bid for the Williams & LaRue and Wyndham Corporate Center came from J.P. Norex, Inc. and it was recommended it be approved. Upon motion oy Egan, seconded by Smith, it was resolved that the low bid of J.P. Norex, Inc. in the amount of $117,387.20 for Contract #86-11 be approved and the contract be awarded. All voted in favor. WESCOTT ROAD STREET PETITION A petition had been received from property owners along Wescott Road requesting the upgrading of the balance of Wescott Road that was not scheduled to be upgraded in 1986. It was noted that the timing would not appropriate until the land develops on either side of the road and also that State aid is not available at the present time. Upon motion by Smith, seconded by Egan, it was resolved that the petition be accepted and that the staff be directed to notify the owners that the timing is not appropriate for the reconstruction. All voted yea. NORTHVIEW MEADOWS 2ND ADDITION GRADING PERMIT The application of Sienna Corporation for a grading permit for Northview Meadows 2nd Addition came to the Council. Rod Hardy was present and Mr. Colbert stated that all requirements had been fulfilled. Smith moved, Egan seconded the motion to approve the application subject to staff approval and City compliance. 17 Council Minutes July 15, 1986 STAFF PERSONNEL City Administrator Hedges explained to the Council the very heavy staff load that the Planning and Engineering staffs have incurred regarding the processing of applications for new subdivisions in the City and recommended that the Council authorize consulting planning and engineering assistance. Upon motion by Blomquist, seconded by Egan, it was resolved that the City Administrator be authorized to engage consulting planning and engineering assistance in processing subdivision applications. All voted in favor. COMPARABLE WORTH UPDATE Mr. Hedges recommended that the Comparable Wortn report not be released at the present time until all accurate information is collected and ready for distribution. Egan moved, Wachter seconded the motion to approve the recommendation. All voted in favor. CHARITABLE GAMBLING POLICIES Councilman Ellison requested that the staff assemble policies of various municipalities regarding charitable gambling to submit to the Council for its review. INTZRSTATE AND COUNTY ROAD MAINTENANCE Members of the City Council were concerned about maintenance, particularily of weeds and debris along the Interstate Highways and County Roads within the City. The staff was directed to review the maintenance issue and to report their findings to the City Council. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist as presented. All members voted yes. June 30, 1986 in the amount of $378,901.54 & July 15, 1986 in the amount of $1,074,002.79. ADJOURNMENT Upon motion duly made and seconded, the meeting was adjourned at 12:50 p.m. All voted yea. PHH City erk 18