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08/20/1996 - City Council Regular 231 • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 20, 1996 A regular meeting of the Eagan City Council was held on Tuesday, August 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, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. woo Councilmember Masin moved, Councilmember Hunter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Masin noted typographical errors on pages 12 and 13 and indicated that Stuard should be corrected to Stewart. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as corrected. Aye: i5 Nay: 0 1I7J�7�51 'JY/r�iiiT75/4179JMr :Q ; • • :lohi d�:i;40 of r r Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 0040 040,411,40,4, ',: .. Councilmember Hunter requested on page 2, the last sentence of the first paragraph be corrected to read, "After further discussion, there was a consensus by the City Council that staff review D-II parcels that are adjacent to single family detached developments and approach the owners and see if they would object to changing to D-1 and provide some recommendation as to which parcels should be changed to a D-I status. He also requested on page 3, the middle of the second paragraph be corrected to read, "He stated that he agrees with City Councilmember Awada that some open space should be adjacent to residential subdivisions rather than exclusively acquiring remote open space and that open space need not be just for natural reserve preservation. Councilmember Awada concurred with this change. There was some discussion if the Council had eliminated the extreme northeast site in addition to the West End Hunting site. It was determined that the Council had only eliminated the West End Hunting site and tabled the extreme northeast site for further consideration. Councilmember Hunter further requested that, in the same paragraph further down, the following sentence should be added, "It was further agreed that the Dart property acreage be reduced to 100." Councilmember Wachter requested on page 4,the last sentence of the fifth paragraph be corrected to read, "City Councilmember Wachter stated that, in his opinion, it would be expensive to engage in a winter pathway maintenance program and would be skeptical about appropriating any resources or public dollars to such a program, stating that his main concern is the liability of slippery conditions." Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the minutes • as amended. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 ' L PAGE 2 Councilmember Wachter presented Director of Parks and Recreation Vraa with an article regarding wildflowers and working with schools and people in their own backyards. In regard to Item B, Tobacco License. Byerly's. 1299 Promenade Place, Councilmember Masin questioned the need for Byerly's to sell all the tobacco products noted on their license application form. Councilmember Wachter agreed with her concern. He was also concerned about the self-service of merchandise after 10:00 p.m. and added that it should be locked up after that time. City Administrator Hedges stated the self-service is in conjunction with the curfew and that it becomes a marketing issue on Byerly's part. Councilmember Masin asked if it would be worth sending Byerly's a letter asking them to reconsider the sale of all these tobacco products. Hedges said that a study could be conducted of convenience stores and other stores to find out what tobacco products they sell. Mayor Egan noted that the style in which the license form is completed may vary among applicants, which may account for the difference between Byerly's form and other applications. In regard to Item D, Final Planned Development. Cattle Company. Lot 4. Block 2. Eagan Promenade, Councilmember Masin asked staff if the drawings were the same as those the Council talked about before. Senior Planner Freese stated they were consistent with what the Council saw before but added they are not exactly the same. She said the previous drawings contained more benches, but added they are consistent in the theme and design as to what was reviewed earlier. Councilmember Masin asked about the Stuart Anderson building and wanted to ensure that everything was removed that was discussed before. Freese noted that the adjustments have been made. In regard to Item E, Revised Development Contract. Lot 1. Block 1. Galaxie Cliff Addition No. 1 (Kindercare), Councilmember Awada wanted to know what the plans are for this proposal. Freese stated that the final plat will be recorded, but added that they have another building project that they are doing now and will not be building until next spring. A. Personnel Items Item 1. It was recommended to approve the hiring of Tina Zink as a temporary part-time clerical worker to assist with election and front counter/receptionist duties through the November 5 election. Item 2. It was recommended to approve the hiring of Rick Griffon and Richard Adams as temporary seasonal basketball referees. Item 3. It was recommended to approve the hiring of Kerry Foster, Jr., as a seasonal part-time Time/Scorekeeper for summer basketball. Item 4. For information only; no action required. Julie Kaufman-Boom was hired as the Clerical Tech II/Receptionist/Central Services Maintenance. B. Tobacco License. Byerly's 1299 Promenade Place. It was recommended to approve a tobacco sales license for Byerly's in the Promenade. • C. Final Planned Development. Dairy Queen. Lot 1. Block 1. Eagan Promenade, It was recommended to approve a Final Planned Development to allow construction of a 2660 s.f. class II restaurant (Dairy 04.;:407:C3 • EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 PAGE 3 Queen) on Lot 1, Block 1, Eagan Promenade, located on the north side of Yankee Doodle Road, west of Denmark Ave. in the SW 1/4 of Section 10. D. Final Planned Development. Cattle Company. Lot 4. Block 2. Eagan Promenade. It was recommended to approve a Final Planned Development to allow construction of a 6650 s.f. class I restaurant (Stuart Anderson's Cattle Company) with a seating capacity of 260, on Lot 4, Block 2, Eagan Promenade. E. Revised Development Contract. Lot 1. Block 1. Galaxie Cliff Addition No. 1 (Kindercare). It was recommended to execute the revised development contract for Galaxie Cliff Addition No. 1 (Kindercare). F. Waiver of Subdivision. Government Lot 7 in Sect. 18 Gary Fuchs). It was recommended to approve a Waiver of Subdivision to formally separate a portion of Government Lot 7 located west of Trunk Highway 13 and Silver Bell Road in the SE Quarter of Section 18. G. Acknowledgement. completion of Contract 95-21 (Schwanz Lake Water Quality Improvements) and authorize final contract payment. It was recommended to acknowledge completion of Contract 95-21 (Schwanz Lake Water Quality Improvements) and authorize final contract payment. H. Contract 95-08. Approve final payment/authorize City maintenance (Oslund Timberline Add. - Street Reconstruction). It was recommended to approve the final payment for Contract 95-08 (Oslund Timberline Addition - Street Reconstruction) in the amount of$5,140 to Master Asphalt and authorize perpetual City maintenance subject to warranty provisions. • I. Amend Civic Arena Budget. It was recommended to approve the amended Civic Arena budget for 1996 and the establishment of an equipment repair and replacement set aside. J. Exemption from gambling license. Ducks Unlimited. Eagan Chapter. It was recommended to approve 96.58 an exemption from gambling license for Ducks Unlimited, Eagan Chapter. K. Tobacco License. Green Mill Restaurant. It was recommended to approve a tobacco license for the Green Mill Restaurant at Rahn Cliff Court. 96.59 L. Exemption from gambling license. Valley Viewers 4-H Club. It was recommended to approve an exemption from gambling license for Valley Viewers 4-H Club. Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 -.'r i,- ;#2•47•4-°.% SPECIAL ADVISORY COMMITTEES City Administrator Hedges gave an overview on this item. Councilmember Masin noted that most committees and commissions appoint members to serve a three-year term. She stated the term for these special committees should also be for three years to stay consistent with the other committees. Councilmember Wachter stated he is not in favor of forming a City Charter Committee. He added the Community Vision Committee could work with the Zoning and Comprehensive Guide Plan Update Study Committee. He noted the community is already doing a lot for the youth and questioned how much more should be done in regard to forming a Youth Committee. Councilmember Masin stated her thought was . having youth on the committee talking about their expectations, rather than doing something more for the youth. Councilmember Hunter asked if there was already a youth participant on a recreational • EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • + A., 1 PAGE 4 subcommittee or Parks Commission. Director of Parks and Recreation Vraa stated there was, but added that is was dropped because of nonparticipation. He added School District 196 has a Youth Advisory Committee the Parks Department receives input from, but noted they do not receive any input from the other two school districts. Councilmember Hunter stated that the City should be a Part B City form of government. He added that what the City is doing now is working and it is not worth forming a whole new committee. He further added he does not like creating committees, since they imply that they are long-term or permanent. He said he prefers the word task force which implies they do their job and then disband. He noted that he is not in favor of the City Charter Committee or the Youth Committee. He stated with regard to the Youth Committee, he would prefer to expand what is already being done for youth with School District 196 to include the other two school districts. He mentioned that the Community Vision Task Force Committee is needed. He stated he did not feel there was a need for a Capital Budget Committee and added that people have opportunities to comment on capital needs. He went on to say that the Zoning and Comprehensive Guide Plan Update Study Committee is also needed. Mayor Egan agreed with Councilmember Hunter's skepticism about forming committees just for the sake of forming them. He added that the City does not have the staff necessary to manage all these committees. He also added that most of the commissions and committees the City has now are statutorily required or were formed for a very specific long-term purpose. He stated he would like to call one or more • of these proposed committees a task force, which indicates that there is a specific task in mind and once the task is completed, the task force would be disbanded. He discussed grouping some of the proposed committees together. • Councilmember Wachter noted that when the City of Eagan was formulated the Council thoroughly studied the charter city form of government and this committee was in place at that time and they felt that the current form of government was best for the future of the City. Mayor Egan stated he could not see making one or more people be responsible for five more committees on any long-term basis. He added that the formation of a City Charter Committee could be handled by another committee and jointly supervised for visioning purposes. He noted that the City Council meets several times throughout the year and holds public hearings regarding the budget and receives a great deal of input from people. He further added that the number of people who have attended Truth-in-Taxation hearings has declined in the past five years and does not feel it would be appropriate to add another layer of bureaucracy by creating a Capital Budget Committee. Councilmember Masin stated that she envisioned people appointing individuals to committees who have expertise in areas that would be beneficial to the committee and that staff would only have to provide limited input. She added that she felt it would be appropriate to create a Public Works Review Committee to deal with issues involving the City's roads. Councilmember Awada agreed with Councilmembers that there was no need for a Capital Budget Committee. She said the City should look at a Charter at some point in the future. She also agreed that the committees should be disbanded when their task is finished. She suggested having a committee to do a zoning and comprehensive guide review, but she added that it would need to be done when the City has a Community Development Director. She further suggested creating the Community Vision Committee now and creating the other ones as needed. Mayor Egan noted that the outcome of the first committee may serve to determine where the Council should go from there. Councilmember Awada moved,Councilmember Hunter seconded a motion to direct staff to prepare • an in-depth description about a Community Vision Task Force. J&sj 44 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 5 Councilmember Wachter added that he did not feel there was any need for a City Charter Committee and further added that he has not heard any complaints regarding the form of government currently in place. City Administrator Hedges stated that the creation of a Community Vision Task Force is a logical starting place and will satisfy many of the objectives raised by Councilmember Masin. Councilmember Masin said that she feels the Community Vision Task Force should have more members than three and suggested advertising be undertaken. Roll call was taken on the motion. Aye: 5 Nay: 0 PROJECT 638R, FINAL ASSESSMENT HEARING (YANKEE DOODLE RD.) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Gar Herschgen, Legal Counsel for Dart Transit representing Maplewood Acres, Inc., addressed the Council and stated that they submitted a written objection to the proposed assessment. He added that John Hoeschler, Attorney for Maplewood Acres,the owner of the property, may have been working with Jerry Wobschall, City consultant, and requested a continuance of this item in order to work out the method of computation when Mr. Wobschall returns from vacation. He referenced page two of their letter which requests that, if their property is developed at a use other than industrial, the Council provide a credit to ensure a fair • assessment. City Attorney Sheldon stated that assessments are based on estimated project costs and adjusting them later becomes impossible and it is difficult to be fair. He added that state law requires the City look at the assessments at the time of the project, but it does not preclude a future Council from considering various aspects at the time development would occur. He further added that state rules require assessments be for the amount of the benefit only and similar classes of property need to be treated the same. Mayor Egan said that by submitting their written objection they have reserved their 30-day right to appeal. Councilmember Awada stated that if the Council was to assess them at the industrial rate, even though they may be encouraged not to develop the property as industrial, it would give them more rights. Brad Gunn, Attorney representing Gopher Resource Corporation, and stated they also submitted an objection. He added that Gopher has retained an appraisal firm to help them assess and evaluate the impact of the project on the market value of their property. He further added that the appraisal has not been completed, but when it is finished they will meet with staff to try and work something out. Mayor Egan restated that they have also reserved their 30-day right to appeal by submitting their objection. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada noted that she would like to re-examine the Dart parcel because it is important that this parcel does not develop, or rather that it develop at less heavy uses than industrial. She referenced the proposal submitted by Maplewood Acres that states an alternative would be to assess the property at the residential rate and then they would agree to pay the higher rate if the property develops as industrial. City Attorney Sheldon stated that there are no alternatives under the process the state law provides. He added there may be some way that this issue could be resolved, perhaps if they applied for combined rezoning. He further added the state law provides that the Council has to assess similar classes of property the same. Mayor Egan stated that if the Council mutually agreed with the landowner and the developer that whatever the development scheme is, superior to the underlying I-1 or industrial zoning classification, a credit could be contractually negotiated. • Councilmember Wachter moved, Councilmember Hunter seconded a motion to close the public EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 6 hearing and approve the final assessment roll for Project 638R, Yankee Doodle Road (Lexington Avenue- TH 149) and authorize its certification to Dakota County and also acknowledge three written objections. Aye: 5 Nay: 0 WAWA CAPONI PURCHASE PROPOSAL City Administrator Hedges gave an overview on this item. Mrs. Caponi addressed the Council and stated they have been working with the Council on this process for a long time. Hedges stated the appraisal value ranged from $21,500 - $22,000 per acre and accounted for the entire 30 acres. Councilmember Hunter asked how many acres were north of the acres not being included. Mrs. Caponi stated there were approximately 15 acres, including the road right-of-way. Councilmember Awada referenced the March 21, 1996 and April 16, 1996 minutes. She referred to the April 16 minutes which stated, "Director of Parks and Recreation Vraa asked the Council if their direction was that he was to go out and get an appraisal on the 30 acre parcel. City Councilmember Hunter said yes. Director of Parks and Recreation Vraa told the Council he would get the appraisal and bring it back to the City Council. It was his understanding that the Council would then offer to purchase the land from Mr. Caponi for that amount before the item could be considered for the bond referendum and that a price would have to be agreed upon. He said it was his understanding that the Council wished to avoid as many entanglements as to what the City would do with its land should it eventually own it. As he saw it, the Council was proposing acquiring the land for open space and the only entanglement would be the construction of a parking lot." She stated that the only difference between what the Council directed in April and this • proposal is that the Caponis want to keep the parking lot area and develop it themselves, which is the five acres they took out of the 30 acre parcel. She added that Mr. Caponi called her after the appraisal came back and wanted to talk about different options and that is when he expressed the desire to remove the parking lot from the acres to be purchased by the City. She further added that they are asking for a higher purchase price of approximately $3,000 per acre than that of the appraisal. Councilmember Hunter commented that if the five acres of the most buildable land are removed, then the appraised value of$22,000 per acre will drop and the difference between the appraised value and the asking price of$25,000 will be even more than$3,000. He stated he does not feel it would be prudent to pay higher than market value for the property. He also stated that he does not know why the Council would agree to this three weeks before a referendum which would enable this purchase to occur. He added that even if the Council would agree to do this, they would circumvent everything they have been saying to the public, which is that there would be a list of candidate sites and, after the referendum, the list would be prioritized and appraisals done. He noted the whole reason for having more parcels on the list than needed is to get the best possible price for the park land. Councilmember Awada said that Council gave direction at the April 16 meeting to staff and the Caponis to negotiate and make an offer before the bond referendum. She added that the reason for Mr. Caponi's request to purchase the land now is because they have an offer on this property and they also have assessments that are due. She further added that the offer they have received is more than they are asking the City to pay. Cheryl Caponi mentioned that they have been working with the Council on this purchase on a different track than those properties listed as candidate sites for the bond referendum. She noted that the Council had the information from the appraisal back in June, but the Caponis were first informed in August of the numbers and that is the reason they have responded now. She stated they support the bond • referendum and open space in the City and they do not want to jeopardize the upcoming referendum, but added they have personal commitments and obligations as well as another offer before them. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 7 (' :37 Councilmember Wachter stated he is not opposed to Mr. Caponi's dream. He added that the chance for him to realize his dream is to sell his land to a developer to get the most money. He further added it does not make sense to purchase a parcel of property that does not have good access and is mostly all water. He said there would be no advantage to the City to purchase this land for open space, since they already have 531 acres of open space now that are not being utilized. He mentioned that an appraisal was done, but does not know where it was stated that the Council made an offer to use that appraisal for the purchase price. Councilmember Awada stated it was in the minutes. Councilmember Hunter noted that the minutes state that Director Vraa said it was his understanding that the Council would then offer to purchase the land. He added that it should have said might purchase the land instead of would purchase the land. He further added that the rest of the minutes supported the Council's position that they did not want to make any commitments and they wanted to wait until after the referendum. Councilmember Wachter noted that in other meetings he and Councilmember Hunter told the Caponis they should sell the south portion for development and they would have the money to develop their art park. Mayor Egan asked about the zoning of the south portion of the land. Hedges stated it was all zoned Public Facility. Mayor Egan added that the possibility of this land developing in any rapid fashion is not likely, given the current zoning. He said that he was surprised to have received this letter from the Caponis asking the Council to make this decision 21 days before the park referendum. He stated the referendum would not have any chance of passing without credibility. Mayor Egan agreed with Councilmembers Hunter and Wachter that if the Council had extended an offer to purchase the land at the workshop meeting, it was contingent upon the successful passage of the park bond referendum. Mrs. Caponi stated they have always assumed that this purchase was contingent upon the passage of the bond referendum. Mayor Egan said that if the purchase is contingent upon the successful passage • of the park bond, then the financial tools would be available to purchase the land. He added that there are two questions before the Council, one being is this prudent land for the City to purchase and two, is the City agreeable to the purchase price. Councilmember Awada stated that she would never want the Council to agree to purchase any land unless it was contingent on the passage of the park bond. Councilmember Wachter mentioned that there are several parcels of property that are under consideration, and that successful passage of the park bond does not mean the Caponi parcel will be purchased, but rather it will be subject to further review. Councilmember Awada indicated the Caponis are looking for the Council to express their intentions to purchase the property. Councilmember Wachter asked why anyone would want to sell their property at a reduced rate if they had an opportunity to get more money from a different source. Mrs. Caponi stated that they are committed to the park and feel it would be a benefit to the City as open space. Councilmember Hunter asked what is proposed to be built on the 15 acres to the north if the Council purchases this property. Mrs. Caponi stated the plans are to construct an entrance and a parking lot, a pavilion for classes and events and an outdoor amphitheater. Councilmember Awada suggested giving the Caponis an expression of intent. She added that it would not be a guarantee, but would tell the Caponis the Council intends to purchase the land if the park bond passes, but if it fails the Council would not do anything. Councilmember Hunter stated that by doing this the Council would be singling this parcel out from all the others, pay above market value for this parcel and commit to doing it before the referendum. He further stated that the purpose of the candidate list is to get the lowest possible price for the land. Councilmember Awada added that she does not feel the Council would be over paying for this land. Councilmember Wachter stated he is not in favor of the process being considered tonight because it does not give the taxpayers the opportunity to express themselves in their vote. Councilmember Awada stated the Council has been criticized repeatedly by not stating which parcels they were going to purchase. Councilmember Masin stated she finds no problem with the proposal other than the timing. Mayor Egan • concurred with Councilmember Masin and noted that the Council has represented that it is in the community's best interest to have a broad range of candidate parcels available in order to have the EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 O. Ze 3 • PAGE 8 leverage to negotiate the best possible purchase price. He noted that the Council is being asked to commit to paying what could be perceived as being more than market value for a single parcel of land and to guarantee to that landowner they will be selected. He further noted that this could affect the credibility of the referendum, as well as the credibility of the Council. Bea Blomquist addressed the Council and stated this parcel is landlocked. She noted that the Council said they did not intend to disclose the list of parcels on their fluid list and that this proposal is exactly the opposite. She added that she feels the Council has not told the people what the Council wants. She further added that there are only 21 days before the referendum and now the Council is debating on a site, when they told everyone they were not going to disclose the sites. Mayor Egan referred to a newsletter that was sent to every household in Eagan that listed all 20 of the candidate parcels. He stated the intention of the Council is to take off this list the parcels that are most appropriate and those that are most willing to sell at a reasonable price. Councilmember Awada noted that the Caponi parcel is not landlocked and has access from the south. Discussion occurred regarding the access of the parcel. Ms. Blomquist stated the topography would require improvements to allow access and it is a difficult site to get to from the park. Vince Kennedy, 1415 Lone Oak Road, addressed the Council and stated that the 531 acres of open space the City already has could be better utilized. He referenced the minutes and stated that to him it appeared to be a foregone conclusion that the City was going to purchase the Caponi land, but added to approve it at this point would take the Council's credibility to zero. He questioned how the appraisals are being paid for. City Administrator Hedges stated the appraisal for the Caponi parcel was paid for out of the Park Site Fund. • Councilmember Hunter stated that a couple of Councilmembers were in favor of putting the Caponi Art Park on the referendum as a separate question, but he added that there was not a consensus so a compromise was reached to include it with the rest of the candidate sites. Councilmember Awada added that the Council has been divided over the Caponi issue. She stated that the prices for the parcels of land would increase if the Council were to choose them with unwilling sellers. She further stated that the only seller on the list of 20 who has approached the City is the Caponis and she added that the Council has been open about the fact that they want to purchase part of the land as City park land. Mayor Egan noted that the Caponi parcel has unique features. Councilmember Wachter stated he is not opposed to Mr. Caponi's idea of an art park, but added he is opposed to making a commitment to buy the parcel without the taxpayers' consent. Mr. Anthony Caponi addressed the Council and stated that his intent has been to create a public art park. He added he is not trying to do anything underhanded nor is he looking for favoritism and further added he is only looking for a response of the Council's intent. Tom Pedersen,4279 Amber Drive,addressed the Council and stated he understands Mr. Caponi's frustration and asked if the City Council has been indicating they are going to commit to him. He asked why an appraisal had been done on the Caponi property, since the newsletter indicated that appraisals of candidate properties would not be solicited until after a successful referendum. Mayor Egan stated that the Council has been dealing with the Caponi issue for many years and, during the negotiations, the appraisal had been done. Councilmember Hunter added that, if the park bond referendum is successful and Mr. Caponi is still interested in selling the 25 acres, another appraisal would be done. Councilmember Wachter noted that the Council has been working with Mr. Caponi and a lot of time and money has gone into this process. He further noted that the Council has been objective in establishing this art park, but S does not feel it should be added to the tax burden. Mr. Pedersen said that the Council's credibility is called into question with regard to the frustration being felt by Mr. Caponi because of their lack of commitment 7.x;3 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 9 to him. Gerald Albright, 4031 Pumice Lane, addressed the Council and stated he feels the credibility of the Council would be jeopardized by approving this action before the bond referendum. Councilmember Awada stated that the Council needs to talk about the process, if the bond referendum is successful. She asked if the Council is not willing to make a commitment to the Caponis to purchase their land upon successful passage of the bond referendum, how soon after the referendum they would be willing to act. Councilmember Hunter asked if the Task Force had discussed a recommended process for site selection if the referendum passed. Director of Parks and Recreation Vraa stated that the Task Force had made a recommendation to enlarge the Task Force to evaluate the sites. He added that if the referendum is successful, the process would be to begin with an appraisal and then property owners would be contacted. He further added that he has received phone calls from about half • of the property owners on the list and there is approximately three willing sellers. He said that he was not aware of any specific timeline other than to move the appraisal process along quickly. He added that the appraisal on the Caponi parcel was part of an appraisal that was already done relative to the assessments on County Road 30. He stated that the appraiser updated his appraisal from the original appraisal done for another purpose. Councilmember Wachter asked if this appraisal was done before the five acres was withdrawn. Vraa indicated that it had been done prior to that. Mayor Egan stated that there are two issues affecting the Council; those being pre-election credibility and post-election credibility. He further stated that in order to protect the credibility of this election, the Council should not prejudge any parcel of land that is considered a candidate site at this time. • Councilmember Wachter moved,Councilmember Masin seconded a motion to deny the preparation of a purchase agreement by staff to purchase approximately 25 acres of land owned by Mr. and Mrs. Anthony Caponi south of Diffley Road for City park land. Aye: 4 Nay: 1 (Councilmember Awada opposed) Councilmember Hunter said that the Council should plan for a workshop to deal with the process and do it jointly with the Task Force. Councilmember Awada addressed Mr. Caponi and stated she hoped the City does not lose the art park because of the timing. CONTRACT 96-13, RECEIVE BIDS/AWARD CONTRACT (WOODGATE 2ND & MALLARD PARK 2ND - STREET RECONSTRUCTION, SLATER RD. - SIDEWALK) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. Colbert stated that the continuation of the sidewalk down to Slaters Acres Park has raised concerns from property owners. He referenced a petition submitted by residents that indicated residents are concerned about the impact of the sidewalk, as well as the location. He added that one of the options the Council could consider is to approve the portion of the bid for construction of the sidewalk through Whispering Woods 10th Addition development down to Wall Street and then determine whether it should continue all the way to Cliff Road or just to Slaters Acres on either the east or west side. He stated the termination of the sidewalk at Wall Street and Storland Road, intersecting with Slater Road, would be a logical termini to allow the transition to the opposite side of the street. He added that an informational meeting would be held consisting of a larger group other than those who only have property abutting Slater Road. Mayor Egan asked if there is a dispute with the petition that suggests the sidewalk be relocated to the east side and also asked if the City would be able to financially do that along the Whispering Woods S 10th Addition up to Wall Street. Colbert stated that the installation of the trailway through the Whispering Woods 10th Addition was discussed as an obligation of that development on the west. He added that on ,r- s* EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 PAGE 10 the east side there is a different development. He further added that it would be possible to relocate the sidewalk, but stated that from the beginning the knowledge was that the sidewalk would be part of the Cedar Heights development. He mentioned that the trail would connect to an existing sidewalk in Burnsville that is located on the west side, which served as the rationale for putting the walkway on the west. Councilmember Wachter stated that a few people called him and said they were satisfied with the white line on the street. He added that as long as the obligation of the developer from Whispering Woods is established, the sidewalk could go to Wall Street and the installation of the rest of the sidewalk could be done later. Councilmember Awada concurred and stated she would like to meet with all the property owners in the area. Rebecca Wilken, 4895 Woods Court, addressed the Council and stated this was described to her as a bike path that would go in 15 feet,which would be very close to their home. Colbert indicated the City has standards for constructing sidewalks and trailways. He clarified that a sidewalk usually infers a concrete walkway about six feet wide and a trailway is usually bituminous and is about eight to ten feet wide. He added that for both sidewalks and trailways the setback is eight feet from the back of the curb. Councilmember Hunter stated that even though these are the standards, there are situations where deviations do occur. Wilken stated she supports a white line. She asked about lowering the speed limit. Mayor Egan noted that the City has no control over speed limits, but rather MnDOT sets those limits. Councilmember Awada asked if the speed could be reduced to 30 mph. Colbert indicated there is special legislation that allows a City to determine a 30 mph speed limit zone, but it must meet certain criteria and this street would probably not meet the criteria. Councilmember Wachter acknowledged Ms. Wilken's frustration regarding the speed limit. Colbert stated that Slater Road from Burnsville down to Wall Street has single family houses with direct driveway access approximately every 100 feet for about a quarter of • a mile, which would qualify that portion for a 30 mph zone down to Wall Street. He added that north of Wall Street, mostly back yards back onto the street and this portion would not allow for this designation. Councilmember Awada requested staff to look into the possibility of reducing the speed to 30 mph where appropriate. It was stated by a member in the audience that the speed limit that is posted is 30 mph and that it is 35 on Slater Road past Wall Street, north of Storland. Colbert stated that staff would investigate the speed limit and report back to the Council. Ms. Wilken mentioned that a trail along Cliff Road is needed. Joe Repya, 4813 Slater Road, addressed the Council and stated that he is representing many of the residents in the area and said that the problem with speed needs to be addressed. He added that many of the residents feel it is not necessary to install a sidewalk, but if a sidewalk is installed it should be located on the same side as the park. He suggested the Council install a stop sign system on Slater Road. Janie Edwards, 4778 Slater Road, addressed the Council and said that the residents on the east side should be as equally informed of the sidewalk as those on the west. Councilmember Hunter noted that 3,000 trips per day generated on this road raises a safety concern and added that it is important to have a sidewalk on the east side of the road. He stated he is in favor of extending the sidewalk on the west side up to Wall Street and then possibly having crosswalks that cross over to the east side. Councilmember Awada agreed and encouraged staff to meet with citizens on both sides of Slater Road to discuss the installation of the sidewalk to the park. Councilmember Awada moved, Councilmember Hunter seconded a motion to receive the bids and award Contract 96-13, with installation of sidewalk only for the Whispering Woods 10th Addition development obligation (Bumsville to Wall Street),to the lowest responsible bidder and authorize the Mayor • and City Clerk to execute all related documents. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 t 1 • PAGE 11 Mayor Egan noted that this is a development-related cost. CONSIDER STOP SIGN REQUEST- SLATER RD. & JAMES ST. City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. Janie Edwards, 4778 Slater Road, addressed the Council and stated that speed is the main problem with Slater Road. Mayor Egan reiterated that the Council does not have the ability to change the speed limit and added that putting stop signs in the wrong locations can create more danger than not having them at all. Rebecca Wilken, 4895 Woods Court, addressed the Council and asked if stop signs at the intersection of Wall Street, Storland and Slater Road had been investigated. Colbert indicated that accident potential could be researched. He added that the site distance appears to be good and said that Slater Road was designed to be a neighborhood collector. He did not feel the traffic volumes or site distance would meet the warrants for a stop sign. Ms. Wilken asked if the residents could approach MnDOT and request a speed study. Colbert indicated the Council would have to pass a resolution requesting a speed study be conducted. Mayor Egan asked if it was possible that MnDOT could raise the speed limit pending the results of the speed study. Colbert described why using stop signs on a major thoroughfare is not always a good solution. Discussion continued regarding the placement of stop signs at various intersections. Councilmember Wachter stated that the portion of street where speeding mainly occurs appears to be midway between Cliff and Wall Street. Colbert agreed and stated that Slater Road narrows • down with many direct driveways that have access to the road. He said that another speed study could be conducted to provide a comparison. Councilmember Awada noted that the direct driveway access on the road should warrant a stop sign. Joe Repya, 4813 Slater Road, addressed the Council and showed a map that indicated where the some of the neighbors were requesting placement of stop signs. Colbert noted that if a vehicle were traveling at 40 mph, there would be adequate time to stop or slow down once a car is sighted, but a vehicle traveling faster than 40 mph would have a difficult time avoiding an obstacle in the road with that short of sight distance. He added that the placement of a stop sign there would create the same problem of not having enough visual advance notice to see it. He further added that stop ahead signs could provide that advance notice, as well as intersection ahead signs. Councilmember Wachter reiterated that the Council does not have the ability to lower the speed limit. Councilmember Hunter concurred and added that the Council can authorize the installation of stop signs. Mayor Egan stated that the intent of designing roads is not to discourage use. He added that the warrants have to be met. Councilmember Hunter indicated that the issue of safe crossing to get to Slaters Acres Park needs to be addressed. He added that because of the volume of traffic and demonstrated speed, he would support putting in a three-way stop at the southerly intersection of James Street because of the park. Councilmember Awada agreed and added that she would support a stop sign at Wall Street and Storland. Mayor Egan said he supported Councilmember Hunter's position, but did not feel the traffic warrants a stop sign at Wall Street. Councilmember Hunter moved, Councilmember Awada seconded a a motion to receive the petition for a stop sign on Slater Road @ James Street north and approve the installation of a three-way stop sign on Slater Road @ the southern intersection of James Street. Aye: 5 Nay: 0 • 7. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 12 PRELIMINARY PLANNED DEVELOPMENT AMENDMENT-HEALEY RAMME COMPANY City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Councilmember Awada asked if the property owner, who owns the parcel off Lexington, would be given access by the County. Freese stated the location of their access will not be changed, but it will be restricted to right in/right out by the Lexington Avenue improvements. Discussion continued regarding access. Councilmember Wachter stated he would like to see the developer buy the property owners out. Director of Public Works Colbert indicated the topographic difference between the interior driveway and the house itself is restrictive for the provision of an interior access. Discussion occurred regarding building a retaining wall. Councilmember Wachter asked if the Fire Department had expressed any concerns with this plan pertaining to access, particularly the turn around in the southeast corner of the site. Freese indicated they did not provide any further concerns regarding access. Councilmember Hunter stated that on this site there is a trade-off in space vs.trees and natural wetlands. He added that occasionally the Fire Department underestimates the concerns and problems associated with access. Tom Healey, Healey Ramme Company, reviewed their proposal and added that they tried to take the three neighbors into account by expanding their project to include them, but added there are some significant grade changes between those lots and their lots. He added that the cul-de-sac was redesigned with the input of the Fire Department. Councilmember Wachter asked if the issue of airport noise mitigation had been addressed. Mr. Healey indicated it had been addressed. Ellen Costello, 3305 So. Lexington Avenue, addressed the Council and stated that Member Miller of the Planning Commission was concerned with how fast the project is moving along and the high density in this small area. She added that she felt their concerns were not addressed by the Planning Commission. • She read a statement outlining the neighboring residents' concerns, which included high density, transient population, increased traffic, noise and pollution, decreased privacy and property values and being misinformed. Mayor Egan noted that Mr. Healey had indicated these townhomes are of high quality in comparison to other rental townhome projects in the south metropolitan area and stated that even though these units will be rented, they are not apartments. June Ketcham, 3345 South Lexington Avenue, addressed the Council and stated she is concerned about their health and safety and added she would like to see the developer buy them out. She said that it appears as if construction has already begun on this project. It was determined that the stakes along the property are due to the fact that Lexington Avenue is being widened. Councilmember Awada asked if the Ketcham property is developable for a use other than single family. Freese stated that staff has not evaluated whether or not the property could be redeveloped. Mayor Egan asked Mr. Healey if they had thought about combining the small extension adjacent to Lexington Avenue with the Ketcham property to the south. Mr. Healey stated they had looked extensively at trying to incorporate all three of these properties into their development, but added the trees and the topography make it impossible. He said that if this were a separate development they would be willing to cooperate in the future. Councilmember Awada asked if Mr. Healey would be willing to give access to the Ketchams through their development. Mr. Healey stated they are willing, but the problem is that there is 30 feet of grade differential between their lot and the driveway, so access cannot be realistically provided. Councilmember Masin stated that much of the development in Eagan has come on top of people who have had older homes here. She added that some type of concessions should be made if these • residents will not be able to sell their property. Mr. Healey suggested that if the Council would like to add a condition that they grant an easement to the Ketcham property across the small extension of land to the Z23 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 ,�. • PAGE 13 north of the Ketchams, that would be acceptable. Councilmember Hunter stated that there needs to be a way for the residents to sell their property and he stated the easement will help that process. He stated that the Council specifically asked Opus and Healey to develop a higher density area to promote pedestrian traffic. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve an Amendment to the Preliminary Planned Development by Healey Ramme Company for Outlot B, Eagan Promenade consisting of 284 dwelling units in six buildings subject to the original conditions outlined in the staff report dated 8/6/96 and an additional condition regarding the access easement as follows: Standard Conditions 1. The property shall be platted. Setbacks 2. All standard building setbacks shall be met except for Building 3 which is approved with a 30 foot setback from the east property line. 3. The developer shall provide information about construction techniques and landscaping to mitigate traffic noise on site, particularly for Building 3. Parking • 4. All parking stalls required by the City Code for each respective building shall be constructed prior to the issuance of a Certificate of Occupancy for such respective building. 5. A detailed lighting plan shall be submitted prior to Final Planned Development approval. Decorative light fixtures in the residential component of Eagan Promenade shall match the style of those installed in the commercial component and on Promenade Avenue. 6. Prior to Final Planned Development approval, the developer shall submit to the City a revised landscape plan for all landscaping to be installed on the lot and landscape details prepared by a registered landscape architect. All plant materials shall be identified and labeled, and provide for irrigation of all lawn and associated landscaped areas. Landscape details should be shown at a scale of 1" = 20'. 7. Additional landscaping should be installed east of Building 3 to screen and buffer the building from Lexington Avenue. This landscaping shall be designed to mitigate noise from the Lexington Avenue roadway. 8. The area west of Building 6 should be landscaped to screen the building and serve to stabilize the slope after grading. 9. Landscape detail should be provided for the area around the activities center and around the gateway, monument, and pylon signs to be placed on the lot. In addition, landscape detail for typical building foundation plantings and typical courtyard plantings should be • provided. The landscape plan should be prepared by a registered landscape architect,and landscape details should be shown at a scale of 1" = 20'. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 14 10. The landscape plan shall identify and label all plant materials, show all easement on the property and provide for irrigation of all lawn and associated landscaped areas. Noise 11. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA for airport noise mitigation. 12. The developer shall construct buildings and employ other noise mitigation elements to meet Minnesota noise standards. Architecture 13. The developer shall submit samples of exterior building materials with the application for Final Planned Development. 14. All trash and recyclable materials containers shall be located within the buildings. Sign-ge 15. Detailed signage plans shall be submitted prior to Final Planned Development approval. 16. All signs shall meet the required 10 foot setback from property lines. The monument signs shall be no more than 7 feet in height. 17. The residential monument sign on the corner of Yankee Doodle Road and Lexington Avenue shall conform to the City intersection monumentation concept for Yankee Doodle Road. 18. The monument sign in the south center of the site along Yankee Doodle Road is permitted as a temporary sign. The sign may remain in place after the first building permit is issued until six months after the last building's Certificate of Occupancy is issued. 19. The gateway monument signs at the north entrance to the site shall not be permitted on public right of way. 20. A 16 foot paved driveway with a 13'-6" clearance between Buildings 1 and 2 shall be provided with a landing pad south of the buildings having a minimum 20 foot access on each side of the driveway. 21. All retaining walls built along the south slope of Buildings 1 and 2 in the area of the landing pad south of Buildings 1 and 2 shall be designed and constructed to accommodate the potential loads of emergency vehicles. 22. The developer shall obtain all necessary permits from Dakota County for grading work within Lexington Avenue (Dakota County Road 43) right of way. Storm Drainage • 23. The storm sewer outlet pipe from Pond DP-6.1 to Pond DP-5.1 shall restrict outflow to 2 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 PAGE 15 cubic feet per second as identified in the City Storm Water Management Plan adopted h., 1990. ( + + 24. Pond DP-5.1 is required to have a minimum wet volume and mean depth at normal water level of one acre-foot and three feet, respectively. 25. The wetland replacement plan should be revised to show a total wetland impact of .52 acres associate with the project. The wetland area to be created for mitigation purposes will remain at 1.08 acres as per the original approved wetland replacement plan. Utilities 26. All driveways shall be a minimum of 26 feet in width, except for the leg of the drive servicing Buildings 2, 3 and 4 shall be a minimum of 24 feet in width. 27. Signs indicating "no parking" shall be placed along all driveways. Location of those signs and sign details shall be shown on the Final Planned Development Site Amenities/Trails 28. A tot lot play area shall be provided and the location identified on the final site plan. A bituminous trail connection to the tot lot play area shall also be provided. 29. Prior to Final Planned Development approval, a pedestrian connection to the commercial development west of the site shall be finalized. 30. A barrier such as a bench or some other feature identifying the trail terminus shall be installed and identified on the final plans at the northern trail terminus adjacent to Lexington Addition. Easements/Rights of Way 31. The developer provide an access easement across the portion of the property abutting Lexington between the adjacent properties described as PID 10-01000-060-75 and 10- 01000-050-75. Tree Preservation 32. The developer shall submit a revised Landscape Plan indicating the species and location of required mitigation for significant tree removal in excess of the amount previously approved during preliminary plat approval. This mitigation amounts to nine Category A trees or 18 Category B trees or 36 Category C trees. 33. The developer shall install tree protective measures (i.e. four foot polyethylene laminate safety netting at the drip line or at the perimeter of the critical root zone, whichever is greater, or significant trees and woodlands. 34. The developer shall contact the City Forestry Division at least five days prior to the • issuance of the grading/excavation permit to ensure compliance with the approved Tree Preservation Plan. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 0'.'22G • PAGE 16 35. Parks dedication shall be fulfilled through a cash dedication. 36. In lieu of a cash trails dedication, the developer shall be responsible for the installation of public sidewalks and trails throughout the development. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT HONEY TREE FIRST ADDITION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Councilmember Masin asked about the approval of the lighting. Freese indicated that detailed review of the lighting plan would occur when the final development plans are evaluated. Discussion occurred regarding signage. Verle Hearn, representing Honey Tree Ltd., discussed their proposal. Ray Anderson, representing Honey Tree, Inc., discussed the changes made to their previous proposal. Brad Schaefer, Manager of the Cedarcliff Shopping Center, addressed the Council and stated they would be willing to provide overflow parking to the applicants. He said that the tenants and owners of the properties they manage are in favor of this development. Nancy Reed, the landscape architect for Honey Tree, Inc., discussed the proposed landscape plan. Marsha Goff, the proposed manager of the hotels, stated qualifications and described her management methodology for the hotels. Cindy Childs, 2139 Cliffhill Lane, addressed the Council and stated that the residents understand • this property is zoned Commercial Shopping Center, but added that the motels add no benefit to the residents and they would prefer something low-impact with structured hours. She discussed some alternative uses. She added that this project will decrease their property values. She further added that she is disappointed with the height of the buildings, the parking shortage and the removal of the restaurant and underground parking. Linda Flaig, 2094 Cliffhill Lane, asked why the property was not zoned for hotel use. Mayor Egan stated that the zoning for this area is CSC, which covers a relatively broad category of uses. He added that the zoning is proper for this use. Vicki Empey, 4499 Scott Trail, read a letter addressing some residents' concerns, which included incompatibility to the area, safety in regard to traffic, crime, environmental destruction, noise pollution and the fact that the use will not serve the residents of the community. Cindy Childs stated that hotels and motels are not permitted uses under CSC zoning, but rather conditional uses. Mayor Egan stated that the Preliminary Planned Development does incorporate the use. Councilmember Awada added that hotels are conditional in any zoning category, but are generally put into CSC zoning. Gary Tankenhoff, owner of the property, stated that this is an excellent use for this parcel of land and said that the City does not need another strip mall. Ann Carlon, with the Eagan Convention and Visitors Bureau, stated that the City needs to have a convention hotel and this would benefit the community. Roxanne Soderholm, 4495 Scott Trail, stated that the residents in this area are quality people who are trying to raise families. tj Z,27 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 PAGE 17 Councilmember Masin asked if the overflow parking is not a reasonable alternative, is there extra land available for expansion. Senior Planner Freese noted there is land available to the north. Councilmember Masin asked if it would be advisable to ask for extra land or if there is ample parking. Freese stated that there is no standard in the ordinance that addresses conference center parking, and stated that staff was using comparable parking standards to determine the adequacy of parking. She further added that staff is assuming the current parking proposed will meet the demand. Councilmember Awada asked if the traffic generated from this use would be more or less than another proposed use permitted under CSC. Director of Public Works Colbert stated that there would probably be less impact on traffic with this type of development than there would be with a retail commercial shopping center. Councilmember Wachter said that he understood the neighbors' concerns, but feel the distance between the hotels and the homes provides an adequate buffer. Councilmember Hunter added that the Council has to take the health of the entire community, including businesses and residents, into account. He further added that this proposal is a needed service for the City of Eagan. He noted that the number one concern regarding the proposal that was submitted before was the height of the hotels and now the height has been reduced. Councilmember Awada concurred with Councilmember Hunter. She added that the concerns expressed when the Holiday Inn was proposed have been unsubstantiated. She further added that hotels make good neighbors and does not believe it will affect property taxes. Mayor Egan stated that the Council respects the neighbors' concerns, but he added that Honey Tree Ltd. has revised the proposal and addressed the prior issues. He noted that the hospitality industry in Eagan is the cleanest industry in the City. Councilmember Masin concurred. • Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision for Honey Tree First Addition consisting of two lots, previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition subject to the conditions recommended by the APC as follows: Standard 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, and H1. 2. The developer shall replat the property. Grading 3. The grading plan shall be revised to reflect slopes of 2:1 or gentler or the construction of retaining walls to attain 2:1 or gentler slopes in the area east of the proposed trail reconstruction. 4. Detailed plans and specifications covering the construction of any retaining walls on the site shall be submitted to the City prior to Final Plat approval. Water Quality 5. The developer shall meet water quality mitigation requirements through the payment of a cash dedication. • Access/Streets/Circulation EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 ` "" PAGE 18 6. The driveway access to Lot 2, Honey Tree First Addition, shall align with one of the existing driveway accesses to Lot 3, Block 1 of Mari Acres 2nd Addition. 7. The developer shall remove the existing driveway curb cuts not utilized by the development and replace them with full height concrete curb and gutter. Easements/Right of Way/Permits 8. The developer shall prepare a cross parking easement agreement to be reviewed by the City Attorney. Parks and Recreation 9. The developer shall be responsible for a cash parks dedication and a cash trails dedication. 10. The existing trail shall be reconstructed further east to provide more growth space for the landscaping and for vehicle overhang on the parking lot. The exact alignment of the relocated trail shall be determined prior to Final Subdivision approval. Should a portion of the existing trail be relocated on City property, this development shall be required to provide an easement over the remainder to allow for public use of the trail. Aye: 5 Nay: 0 • Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a Preliminary Planned Development consisting of two four-story hotels including on-sale liquor for Lot 1 of the proposed Honey Tree First Addition subject to the conditions recommended by the APC as follows: General Conditions 1. Approved as part of this Preliminary Planned Development are: Lot 1: a four-story hotel with 108 rooms, including a swimming pool_and 3,740 square foot conference center and possibly on-sale liquor. Lot 2: a four-story hotel with 104 rooms and a swimming pool. 2. A Preliminary Planned Development Agreement shall be executed 3. The term of the Preliminary Planned Development shall be six years. 4. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development approval. 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 the 3 EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 PAGE 19 Preliminary PD, the Final PD may proceed to the City Council for approval. Access/Street Design 5. The driveway access to Lot 2, Honey Tree First Addition, shall align with one of the existing driveway accesses to Lot 3, Block 1 of Man Acres Second Addition. Setbacks 6. Setbacks as identified on the site plan dated July 10, 1996, are approved. Landscaping 7. A landscape plan shall be prepared by a Minnesota registered landscape architect or certified nurseryperson in accordance with the provisions of City Code Chapter 11.10, Subdivision 15. 8. The landscape plan shall be revised to allow for sufficient growth space for the spruce trees along the east side of the site. Spruce trees around the base of the building on Lot 2 shall be removed and possibly replaced with a more appropriately sized evergreen material. To provide year around visual screening of the buildings, evergreen trees shall be added to the landscaping on the west side of the property. Spacing of all plantings shall provide sufficient growth space for the plant materials at maturity. SArchitecture 9. Exterior building materials shall be as shown on the approved building elevation plans. 10. Any rooftop mechanical equipment shall be screened and not visible from the public right of way. 11. Trash and recyclable materials enclosures should be attached to the buildings, constructed of materials to match the principal buildings, and of a size sufficient to enclose all trash and recyclable materials receptacles. Lighting 12. Prior to Final Planned Development approval, the developer shall provide a detailed site lighting plan showing footcandle levels throughout the site. Light standards shall not be taller than 25 feet, and all lights shall have sharp cutoffs and be directed downward to minimize glare and visibility of the lighting from off the site. Lighting on the east side of the site should be shielded on the east side to deflect light onto the site. Signage 13. Approved signage includes the following: a)one pylon sign at the southwest corner of the site; b) building signage on the north and south building elevations of the hotel on Lot 1, and the west building elevation only of the hotel on Lot 2; c) one monument sign shall be permitted at each entrance to the site. The pylon sign shall comply with standard size and setback requirements in the City Code. The monument signs shall comply with standard S setback requirements, be no greater than six feet in height and have a message area of not more than six square feet per side. Building signage shall be as shown on the EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 • PAGE 20 a :T approved building elevation plans. Aye: 5 Nay: 0 APPEAL DESIGNATION OF A DANGEROUS DOG -JOHN & MICHELLE SCHAEFER City Administrator Hedges gave an overview on this item. Councilmember Hunter moved, Councilmember Awada seconded a motion to authorize staff to designate a hearing officer for an administrative hearing of the facts associated with this matter. Aye: 5 Nay: 0 .5',y•••∎: #-,•• '1,, `.0 10't►, DECLARATION OF DEFAULT, PINES EDGE DEVELOPMENT CONTRACT Director of Public Works Colbert gave a staff report. Councilmember Hunter moved, Councilmember Masin seconded a motion to continue the declaration of default indefinitely. Aye: 5 Nay: 0 EAGANDALE CORPORATE CENTER, CONSIDERATION OF ASSESSMENT CREDIT • Director of Public Works Colbert gave a staff report. Councilmember Awada suggested this item be referred to the Public Works Committee for further review. Mayor Egan moved, Councilmember Awada seconded a motion to defer a request to provide a rebate/credit for previously levied trunk assessments for land in Eagandale Corporate Center to the Public Works Committee to meet on August 26 prior to the Personnel Committee meeting. Aye: 5 Nay: 0 VISITORS TO BE HEARD Barb Miller, 3217 Donald Avenue, addressed the Council and stated she and her husband Ron, along with their neighbors Tim and Jonnel Green, who reside at 3225 Donald Avenue, are requesting to be placed on the September 3 Council agenda regarding code violations at the Richfield Blacktop Company located at 3206 Sibley Memorial Highway. She presented the Council with packets of information regarding their concerns. City Administrator Hedges stated that he has spoken with Ron Miller and that information regarding this matter has been included in the Informative Memo. He added that Mike Dougherty, from the City Attorney's Office, will be sending a letter on the procedure and process for recision. Ron Miller, 3217 Donald Avenue, addressed the Council and said that this procedure has been ongoing since last June. OgigiffOig Senior Planner Lisa Freese asked the Council if they wanted staff to contact property owners to see if they have any problems with the redesignation of their property from D-II status to D-1. Councilmembers stated that they would like staff to proceed with contacting property owners. • RESOLUTION FOR NEIL ARMSTRONG BLVD. AS A MUNICIPAL STATE AID STREET EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 SPAGE 21 Director of Public Works gave a brief overview on this item. He stated that street plans are being 96.60 processed through the municipal state aid approval process of MnDOT for the Eagandale Corporate Center plat. He added that MnDOT will not proceed with reviewing the plans until the City passes a resolution changing the designation of the conceptual municipal state aid alignment. Councilmember Hunter asked if there was any risk to the City if this resolution was passed. Colbert indicated there was a lot of flexibility in designating alignments for Municipal State Aid Streets. Councilmember Wachter moved,Councilmember Masin seconded a motion to approve a resolution designating Neil Armstrong Blvd. as a Municipal State Aid Street and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 RESOLUTION TO RESTRICT ON-STREET PARKING ON NEIL ARMSTRONG BLVD. 96.61 Director of Public Works Colbert stated that MnDot has requested a resolution restricting parking on Neil Armstrong Blvd. Mayor Egan moved, Councilmember Wachter seconded a motion to approve a resolution restricting on-street parking on Neil Armstrong Blvd. Aye: 5 Nay: 0 Colbert stated that they are in the process of doing a final detailed review of the site plans for cellular antenna construction on the reservoir facilities. Discussion occurred regarding the design of the control cabinets and the proposed chain link fence with barbed wire for security of these sites. City Administrator Hedges suggested that the Council would want the aesthetics to be consistent with the • expectations for the private sector. Councilmember Hunter suggested using cedar instead of chain link for the fence. Colbert indicated they would request that cedar be used. Councilmember Masin raised a concern about using barbed wire. Councilmember Wachter stated he did not think it would be visible from a distance. Councilmember Wachter moved, Councilmember Masin seconded a motion to set Special Council meetings for September 3, 1996 at 5:00 p.m. and September 12, 1996 at 5:00 p.m. to canvass ballots for the Special election. Aye: 5 Nay: 0 Councilmember Masin stated that she volunteered at the Dakota County Fair and indicated that very few people from Eagan were present. She suggested there be an Eagan Night at the County Fair next year to encourage participation. She added that Minnesota Valley Transit in Burnsville has buses going to the State Fair on weekends and on Labor Day. Councilmember Hunter stated there was an article on suburb to suburb transit and how it is becoming a big problem and he added that cities are doing a report on transit options. He further added that he has ordered a copy of this report for other Councilmembers. ,-./. .r!. 149 '' Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated August 15, 1996 in the amount of$2,932,385.55. Aye: 5 Nay: 0 005 The meeting adjourned at 12:10 a.m. • MLK EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 20, 1996 PAGE 22 August 20, 1996 Date \ City Clerk If you need these minutes in an alternative 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, (TDD 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, sexual orientation, marital status or status with regard to public assistance. i •