Loading...
11/16/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 16, 1993 A regular meeting of the Eagan City Council was held on Tuesday, November 16, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges advised that the Lull Engineering property will be discussed later in the meeting. Item U was added to the Consent Agenda, Extension to Record Final Plat, Town Centre 70 - Fifteenth Addition (Kohl's). In addition, the City Administrator mentioned that a request will be made to set a special workshop session to discuss proposed building plans and Councilmember Hunter will provide an update on the Dakota County League of Government under Legislative/Intergovernmental Affairs. Councilmember Masin also asked that a part of Consent Item Q, Recommendation, Economic Development Commission/Economic Development Master Plan, Health Services Target, be pulled for discussion. Awada moved, Wachter seconded, a motion to approve the agenda for the November 16, 1993, regular City Council meeting as amended. Aye: 5 Nay 0 0*1 WORM Councilmember Wachter asked that the minutes of November 2, 1993, be clarified to include a reference to his objection to the Ring Road proposal because he felt there was insufficient information regarding the need or the costs on which to base a decision. Page 12, Paragraph 6, ADD Sentence 4: "He said he would prefer additional information outlining the benefits and costs before making this decision." Wachter moved, Hunter seconded, a motion to approve the minutes of the November 2, 1993, regular City Council meeting as amended. Aye: 5 Nay 0 Hunter moved, Wachter seconded, a motion to approve the minutes of the October 12, 1993, special City Council meeting as presented. Aye: 5 Nay 0 Awada moved, Hunter seconded, a motion to approve the minutes of the October 19, 1993, special City Council meeting as presented. Aye: 5 Nay. 0 Mayor Egan introduced Eagan High School senior, Andre Payette, who is a member of a Civil Air Patrol Squadron representing Minnesota at a national cadet competition at Maxwell Air Force Base in Alabama, December 28-29. Mr. Payette described the Civil Air Patrol and his squadron's participation in the national competition. Mayor Egan thanked Mr. Payette and the Council wished him luck in bringing the trophy home to Minnesota. Mayor Egan also introduced Ann Carlon, the new Director of the Convention and Visitors Bureau. Ms. Carlon explained her background and what the CVB hopes to accomplish. Mayor Egan welcomed Ms. Carlon to the community. Page 2/EAGAN CITY COUNCIL MINUTES November 16, 1993 PARKS & RECREATION DEPARTMENT/POND IMPROVEMENT PROJECTS Mayor Egan introduced this item as a request to prepare specifications & bid documents, three pond improvement projects. After brief discussion, Wachter moved, Hunter seconded, a motion to approve the preparation of specifications and bid documents for improvements to Ponds LP-32.1, 20.1, and GP-1.1). Aye: 5 Nay: 0 In regard to Personnel Item A3, Councilmember Wachter asked what the difference in health insurance costs would be with and without a co-payment. The City's insurance consultant, Jeff Azen, indicated that the co-pay option had been discussed by the Benefit Committee but because its impact would be disproportionate on single enrollees or persons with large families, it was deferred for discussion to 1994 with possible implementation in 1995. City Administrator Hedges explained that 1994 would be an "educational" year giving employees an opportunity to make preparations for any possible change. Councilmember Awada noted that the Benefit Committee had been split on the issue but because the savings were minimal, had agreed to look at the issue again in 1994. After discussion, it became apparent that savings would be greater than the consultant had indicated to the Benefits Committee. It was, therefore, the consensus of the City Council that the co-pay be implemented in 1994. Councilmember Masin asked that the background on Item Q, Recommendation, Economic Development Commission/Economic Development Master Plan, Health Services Target, be discussed as Item D. of New Business. A. Personnel Items Item 1. Part-Time Account Clerk III--It was recommended that Barbara Hand be hired as the part-time Account Clerk III in the Finance Department. Item 2. Resignation/Assistant Utility Billing Clerk--It was recommended that the resignation of Tracy Patrick as Assistant Utility Billing Clerk be accepted and advertisement for a replacement authorized. Item 3. 1994 Health Insurance Coverage--It was recommended that the dual choice option (Medica and Health partners) with a blended family rate and a $10 office visit co-payment be approved for insurance coverage for employees at the City of Eagan for 1994. B. Licenses. Plumbers It was recommended that the following plumbers licenses be approved: 1) A C Doyle Plumbing & Heating, 2) Egan & Sons Co, 3) Kramer Mechanical, 4) Pioneer Power, Inc., and 5) Rite Way Plumbing Inc. C. License. Liquor for New Manager of Holiday Inn It was recommended that the Holiday Inn on-sale liquor license be approved under the name of Joan Kennedy, manager. Page 3/EAGAN CITY COUNCIL MINUTES November 16, 1993 D. Renewals. Liquor Licenses: Off-Sale Liquor. On-Sale Liquor. On-Sale Club Wine. On-Sale Beer and Off-Sale Beer It was recommended that the 1994 liquor license renewals be approved conditioned upon favorable review by the Eagan Police Department. E. Project 666. Receive Feasibility Report/Order Public Hearing, (Waterview Addition - Trunk Sanitary Sewer & Watermain Extension) It was recommended that the feasibility report for Project 666 (Waterview Addition - trunk sanitary sewer and watermain extension) be received and a public hearing scheduled to be held on December 21, 1993. F. Contract 92-F. Acknowledge Completion/Authorize City Maintenance (Wexford Addition - Streets Utilities) It was recommended that the completion of Contract 92-F (Wexford Addition - Streets & Utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions. G. Contract 90-B. Acknowledge Completion/Authorize City Maintenance (Wescott Square - Utilities) It was recommended that the completion of Contract 90-B (Wescott Square Addition - streets & utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions. H. Contract 92-D. Acknowledge Completion/Authorize City Maintenance (Autumn Ridge 2nd Addition - Streets & Utilities) It was recommended that the completion of Contract 92-D (Autumn Ridge 2nd Addition - streets & utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty provisions. I. Contract 92-10. Approve Final Payment/Authorize City Maintenance (Weston Hills - Trunk Utilities) It was recommended that the 4th and final payment for Contract 92-10 (Weston Hills - Trunk Utilities) be approved in the amount of $16,128.78 to S. J. Louis Construction Company and perpetual City maintenance authorized subject to appropriate warranty provisions. J. Contract 93-13. Reject Bids/Cancel Contract Award (Gardenwood Ponds Addition - Utilities) It was recommended that the bids be rejected and Contract 93-13 (Gardenwood Ponds Addition - utilities) canceled. K Project 643. Authorize Preparation of Feasibility Report (Oslund Timberline Addition -Street Reconstruction) It was recommended that the preparation of a feasibility report for Project 643 (Oslund Timberline Addition - Street Reconstruction) and the property appraisal process be authorized and staff directed to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. 0 V1. Page 4/EAGAN CITY COUNCIL MINUTES November 16, 1993 L. Project 662. Authorize Preparation of Feasibility Report (Cedar Grove 7th. 8th. 10th & 11th Additions - Street Reconstruction) It was recommended that the preparation of a feasibility report for Project 662 (Cedar Grove 7th, 8th, 10th & 11th Additions - street reconstruction) and the property appraisal process be authorized and staff directed to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. M. Project 665. Authorize Preparation of Feasibility Report (Blackhawk Road - Street Reconstruction) It was recommended that the preparation of a feasibility report for Project 665 (Blackhawk Road - street reconstruction) and the property appraisal process be authorized and staff directed to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. N. Project 659. Authorize Preparation of Feasibility Report (Dodd Road - Street Reconstruction) It was recommended that the preparation of a feasibility report for Project 659 (Dodd Road - street reconstruction) and the property appraisal process be authorized and staff directed to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. 0. P oject 660. Authorize Preparation of Feasibility Report (Wilderness Run 1st thru 4th Additions - Street Reconstruction) It was recommended that the preparation of a feasibility report for Project 660 (Wilderness Run 1st thru 4th Additions - street reconstruction) and the property appraisal process be authorized and staff directed to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. P. Project 661, Authorize Preparation of Feasibility Report (Sibley Terminal Industrial Park - Structural Overlay) It was recommended that the preparation of a feasibility report for Project 661 (Sibley Terminal Industrial Park - structural overlay) and the property appraisal process be authorized and staff directed to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. Q. Recommendation. Economic Development Commission/Economic Development Master Plan. Health Services Target It was recommended that a recommendation by the Economic Development Commission be approved for a health services target within the City's Economic Development Master Plan as presented. Review of previous action taken by the City Council regarding the goals and objectives of the Economic Development Commission was moved to Item D of New Business. R. Recommendation Airport Relations Committee/Runway 4/22 Extension Environmental Impact Statement (EIS) Comments It was recommended that the Airport Relations Committee recommendation relative to the environmental impact statement for the extension of runway 4/22 be approved as presented. 00.0 Page 5/EAGAN CITY COUNCIL MINUTES November 16, 1993 S. Recommendation. Airport Relations Committee/1994 Part 150 Sound Insulation Program It was recommended that the Airport Relations Committee recommendation to make the Park 150 Sound Insulation Program available to five currently eligible properties in 1994 be approved as presented. T. Authorize Contract. Economic Research Corporation for Land Use Stud It was recommended that a contract with Economic Research Corporation be authorized for the commercial market/land use study for an amount not to exceed $18,000. U. Extension to Record Final Plat. Town Centre 70 -Fifteenth Addition ohl's) It was recommended that an extension to December 21, 1993, to record the final plat with Dakota County be granted for Town Centre 70 - Fifteenth Addition (Kohl's). Awada moved, Wachter seconded, a motion to approve the Consent Agenda as amended regarding Personnel Item A3, Item 0, and Item U. Aye: 5 Nay. 0 VACATION/LOT 13, BLOCK 1, BLACKHAWK PONDS ADDITION Mayor Egan introduced this item as vacate a portion of utility easement over Lot 13, Block 1, Blackhawk Ponds Addition. Director of Public Works Colbert explained that because construction of a single family home had encroached into an existing easement, the property owner had agreed to pay for the relocation of an existing trunk watermain and encase it to avoid any conflict associated with the encroachment. Mr. Colbert said the relocation had been satisfactorily completed and a replacement easement executed and conveyed to the City. The property owner was present. Hunter moved, Awada seconded, a motion to close the public hearing and approved the vacation of a portion of a utility easement over Lot 13, Block 1, Blackhawk Ponds Addition, as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 REDESIGNATION OF ON-SALE LIQUOR LICENSES Mayor Egan introduced this item as consider redesignation of on-sale liquor licenses. City Administrator Hedges explained the events that had prompted this item and outlined the options available to the City Council. He advised that research had indicated that Bloomington had managed to increase the number of licenses available by passing a referendum to that effect. In Burnsville, special legislation passed by the Legislature provided five additional licenses and in Roseville, up to 30 licenses were authorized. Staff has spoken to Representative Tim Pawlenty and he has agreed to initiate such legislation. It was noted that a request could be made for additional licenses without depleting those the City has presently earmarked for hotels or motels. Director of Finance Gene VanOverbeke said he had spoken to Representative Pawlenty about five or six additional licenses and Mr. Pawlenty indicated such requests were handled routinely. 00401 Page 6/EAGAN CITY COUNCIL MINUTES November 16, 1993 When asked what the drawbacks were to either a referendum or special legislation, Mr. VanOverbeke mentioned the expense of conducting a referendum. Councilmember Awada suggested pursuing special legislation but to hold on to what licenses the City has until the additional licenses are received. Councilmember Hunter agreed with expanding the number of licenses available, however, suggested releasing one of the existing licenses for Panino's Restaurant which has a pending application with the City. Concerns were expressed that issuing this license would leave only two licenses for the next nine years if the City is unsuccessful in pursuing special legislation. Discussion continued regarding whether special legislation will be successful and whether the criteria for the remaining licenses may be outdated. Bruce Miller, representing Federal Land, stated that Panino's needs to proceed. Mr. Miller indicated that they were not asking that the application be approved, only that a license be released for a restaurant so Panino's application could be considered by the Advisory Planning Commission. Masin moved, Awada seconded, a motion to amend the City Code changing the designation of one unissued on-sale liquor license from Hotels to Other Restaurants and to direct staff to work toward an increase in the total number of available licenses through special legislation. Aye: 5 Nay. 0 Mayor Egan asked Mr. Miller what Federal Land would do if the last remaining license were issued to Panino's and a Class I restaurant wanted to locate next to the new theater. Mr. Miller indicated his belief that special legislation would be successful and there would be additional licenses in the future. VARIANCE/JOHN VOGSTROM Mayor Egan introduced this item as a variance for John Vogstrom, of 20' to the required 30' front yard setback, located on Lot 2, Block 4, Drexel Heights Addition, in the SW 1/4 of Section 15. Director of Community Development Reichert explained the application. She said because of setback requirements from the street and the shoreland, there is not enough room left on which to build a house. Ms. Reichert suggested an option moving the proposed building pad 10' back from the street and 10' closer to the pond. She noted that permission is required of the Department of Natural Resources in order to do that and indicated that the DNR had agreed to the request. Ms. Reichert advised that this option would put the front setback at 20', which would be more compatible with neighbors on either side. John Vogstrom, the applicant, stated that one problem with moving the house back is the lot drops off quickly and would require a great deal of fill, retaining walls, etc. He suggested a compromise setback of 15'. In addition, Mr. Vogstrom stated that one of the neighbors had asked that the house be moved further away from their sideyard, and he would agree to do that. Kathy Johnson, 3690 Drexel Court, stated that houses on either side of this property meet the frontyard setback requirements of 40'. She was pleased that Mr. Vogstrom had agreed to move his house further away from her home. Ms. Johnson stated that if a house had been built on the property when it was designated a buildable lot, the DNR would have permitted it to be constructed 30' from the shoreland, just as their home is. However, if Mr. Vogstrom located his house closer to the street, it would place the home in front of the homes on either side and would affect both homes aesthetically and monetarily. Ms. Johnson stated that she would prefer that the house maintain the 40' setback in order to be consistent with the arc of the cul-de-sac. In addition, Ms. Johnson said both she and the neighbor on the other side of the proposed home had the expense of bringing in fill and building retaining walls in order to meet the 40' setback. f, ;Z f 0.41Ut Page 7/EAGAN CITY COUNCIL MINUTES November 16, 1993 Councilmember Wachter asked whether trees would be impacted on the property and Ms. Johnson noted that the lot was covered with trees so that no matter where the house was located, it would affect trees. Carl Nippert, 3710 Drexel Court, stated that in 1983, he had asked for a variance, however, it was not granted. In order to meet the 40' setback, it cost $15,000 in additional costs for fill and retaining walls. Mr. Lippert stated that if the house is built, all the trees would go. He also noted that the previous owner had added a lot of fill to the property so the area where Mr. Vogstrom wants to build is already not "natural.* Councilmember Wachter asked what the difference was in the drop off of the lot if the house were moved back. Mr. Vogstrom said that if they went 10' additional feet back, it would be right where the property drops off. In addition, the shore curves inward at the middle of the property and the High Water Level is measured from that point. Mr. Vogstrom stated that more trees could be saved if the house were permitted to be built closer to the curb. He noted that the garage is forward of the house so the entire house would not be closer. However, he added that if it would make the neighbors happier, he could build the house with a 20' setback. He hoped it would not interfere with the neighbors' view of the lake. After additional discussion, it was determined that an additional condition would be added requiring that the house be centered on the lot, placing the house as far as possible from neighbors on either side. Ms. Reichert also wanted it made clear that the setback applies to any portion of the house or garage. Hunter moved, Awada seconded, a motion to approve the variance request of Mr. John Vogstrom of 10' to the required 30' front yard setback located on Lot 2, Block 4, Drexel Heights Addition, in the SW 1/4 of Section 15, subject to the following conditions: 1. All applicable City Code requirements. 2. The house will be centered on the lot between the side property lines. Aye: 5 Nay: 0 PD AMENDMENT/PRELIMINARY PLAT SAFARI AT EAGAN 2ND ADDITION Mayor Egan introduced this item as a planned development amendment, Safari at Eagan 2nd Addition/Eagan 30.7C Ltd Business), to allow a health club, movie theater, and restaurant within the Blackhawk Park Planned Development and preliminary plat consisting of three lots on approximately 14.7 previously-zoned CSC/GB (Community Shopping Center/General Business) acres located along the north side of Thomas Center Drive, west of Thomas Lake Drive in the SW 1/4 of Section 28. City Administrator Hedges provided a brief background on this item and Director of Community Development Reichert explained the application and its location in further detail. Because the Planned Development Agreement has expired, Ms. Reichert laid out three possible options available to the City Council: 1) extend the Planned Development and allow the proposed plan to go forward, 2) terminate the PD and send the issue back to the Advisory Planning Commission for rezoning of the property, or 3) adopt the APC's recommendation which is to give final planned development approval to Lot 3 and its specific use, with an amendment to the preliminary planned development permitting the eventual development of Lots 1 and 2 as limited business uses. She added, however, that if the City Council tabled action on Lots 1 and 2 that it should be with the developer's understanding that approval of the preliminary plat should not be construed as an approval, either implied or expressed, of any planned development uses in the preliminary plat. ®O43 Page 8/EAGAN CITY COUNCIL MINUTES November 16, 1993 Councilmember Wachter asked whether a restaurant was still proposed for the southeast corner of the Thomas Lake Center property. Ms. Reichert indicated that there was no active development proposed for the property. Byron Watschke, representing the applicant, referred to a letter he had written to the City Council. Mr. Watschke stated that any rezoning of any part of the property would be of great concern to them especially when they had planned for 15 years on the basis of the CSC zoning. He said the City should not concentrate all its commercial properties in just a few locations. Mr. Watschke said they did not agree with Option 3, as proposed, and suggested a fourth option for Council's consideration. He indicated they would prefer to preliminary plat the health club but suggested that the remaining two lots be left alone as to use so that when the commercial study is completed for the City, they could come in with specific users at that time. He did not suggest uses for Lots 1 and 2 beyond a theater/restaurant concept that they may be interested in pursuing. Bahrain Akaradi, owner of Lifetime Fitness, described the health club intended for this site. Mr. Akaradi stated that while it is similar to their dub in Brooklyn Park, this facility will be larger. He indicated he had support from the neighbors for the plan. In answer to a question from Mayor Egan, Mr. Akaradi explained that they only proposed brick for three sides of the building because between the height of the berm, the trees and the lower elevation of the building, the back of the building will not be seen. Mr. Akaradi said the back of the building will be attractive but they propose a split-rock facade. He closed by saying because he has worked so long on this project, he would like to have the Council's decision one way or another. Bill Hodapp, 4528 South Mallard Trail, spoke as the representative of the Thomas Lake Country Homeowners' Association. He indicated that the position described in their letter to the City Council is their final, fall back position. He illustrated how dose this development will come to their homes and questioned whether developing the property to such intensive uses-theater, restaurant, health club--is what the community wants. Mr. Hodapp stated that he had purchased his home in Eagan because of the many amenities the City has to offer and asked the Council to consider the effects of development on what is already here. Mr. Hodapp said that conditions have changed in the City and that has altered what is appropriate to existing neighborhoods. The late night activity of this proposal would have a significant impact on the neighborhood. When Mr. Hodapp and his neighbors first heard of the development, they thought they had no recourse but to try and make the best of it. While they can live with the health dub even though traffic will be late, they have serious concerns about the remainder of the development. He indicated that a "9:00 a.m. to 6:00 p.m." business would be more appropriate for the property. He said the neighborhood is totally opposed to a theater and the new concept Mr. Watschke mentioned was even more concerning to them. Discussion then ensued as to the rezoning issue. City Attorney Sheldon stated that the goal of rezoning is to get a form of zoning that is appropriate for the property as determined by a policy of the City Council. So long as the standards are not arbitrary, capricious or unreasonable and as long as the appropriate process is followed, the City is generally upheld as long as they have an articulated, factual basis for the rezoning. Investment backed expectations come up in the context of a regulatory taking by zoning. He referred to the City's multifamily land use study and described the process the City Council followed in addressing the zoning of those properties. In reference to the property in question, Mr. Sheldon said that if the City Council suggests that the zoning or the comprehensive guide plan designation should be changed, they can make that suggestion and direct City staff to begin the process. The process will determine whether there is a reasonable basis upon which to make that decision. Mayor Egan then asked what the underlying zoning would be and what rights the landowner would have in the development of this land. City Attorney Sheldon stated that the Planned Development expired in 1992 and while the CSC designation remains with the property, the City Attorney's office does not believe the property owner has vested rights because both parties, when the PD agreement was entered into, set a time limit of fifteen years. Extension was also provided for, however, the developer did not request one. He said that mitigates quite 004 Co- . Page 9/EAGAN CITY COUNCIL MINUTES November 16, 1993 strongly against any arbitrary or capricious designation or an investment backed expectation argument. Those issues would be dealt with, however, in the public hearing process. Director of Community Development Reichert further explained that according to ordinance, even though a Planned Development agreement has expired, it would continue unless the City Council took affirmative action to terminate it. Mr. Watschke then turned to ask the residents in attendance whether they knew the property was commercially zoned before they moved in. Mr. Hodapp said that when they purchased their properties, they knew it was an area that would be developed but got varying answers from their builder as to what type of businesses would go in. He said they never envisioned the intensity of the development proposed. Mr. Watschke said that the types of uses being proposed have been on a sign on the property for over six years. Mr. Hodapp said they did not fully understand the implications of the CSC zoning but assumed it would be the same type of development as exists in the strip center. After brief additional discussion, Mayor Egan noted for the residents that a Class I restaurant would still be a possibility as a conditional use even if the land were rezoned to Limited Business. Councilmember Masin expressed her preference to approve the health club and withhold action on Lots 1 and 2. Councilmember Wachter agreed suggesting that the commercial study be completed before action is taken on Lots 1 and 2. Director of Community Development Reichert cautioned that if action were tabled on Lots 1 and 2 pending the outcome of the commercial study, that the property owner not interpret that as agreement to continue the CSC zoning. Councilmember Awada said she also would prefer to wait for the completion of the commercial study as it may provide a window of opportunity to address the zoning for the remainder of this property. She noted for the residents that the property has been zoned CSC for a long time and made no commitment regarding any action in the future. Mr. Hodapp agreed that the property has been zoned CSC for some time, however, questioned whether that is what the community wants for that location. He said the residents have invested a large amount of money in what they have and the real issues are increased crime and traffic with a theater or restaurant. Mr. Hodapp said that while it may seem callous, it is not up to the Council or the community to insure that the developer makes money on his land. Councilmember Hunter added his agreement with the proposed delay in looking at Lots 1 and 2. While there were concerns that the commercial study would not look closely at the smaller centers, Director of Community Development Reichert stated that there would be enough well-developed information regarding the Thomas Lake Center to provide a basis for the Council's conclusions. Mayor Egan added that since this project was one of the driving forces behind the initiation of the commercial study, it should be included. At the request and with the consent of the petitioner, Wachter moved, Masin seconded, a motion to approve a final planned development on Lot 3, Safari at Eagan 2nd Addition, subject to the nine conditions set forth by the Advisory Planning Commission, as amended per the applicant's wishes and table action on the Planned Development, Lots 1 and 2, pending availability of more information from the commercial survey. 1. A 65,000 square foot health club shall be allowed. 2. The term of approval of this final Planned Development shall be one year. 3. Berming, fencing, and landscaping along the northern property line shall be required in conformance with the grading plan and landscaping plan reviewed/approved by the APC at the September 28, 1993, meeting; however, the berming and landscaping will be installed up to the Williams Brothers Pipeline easement at the time of the health club opening and the remainder of the berming and landscaping completed across the entire northern property line by November 1, 1994. Page 10/EAGAN CITY COUNCIL NE NUTES November 16, 1993 4. Signage shall conform to code requirements. 5. No outdoor storage other than a trash enclosure shall be permitted. 6. The building shall be constructed of brick on three sides embedded in mortar at the job site. 7. No roof top mechanical equipment shall be visible. 8. All turf grass shall be irrigated. 9. Submission of final grading, landscaping, lighting, parking, and architectural plans are to be incorporated into the final Planned Development Agreement. Aye: 5 Nay: 0 At the request and with the consent of the petitioner, Awada moved, Wachter seconded, a motion to approve an amended preliminary plat consisting of Lot 3 and an outlot for the Safari at Eagan 2nd Addition in the Blackhawk Park Planned Development, requested by Eagan 30.7C Limited Partnership, located along the north side of Thomas Center Drive in the SW 1/4 of Section 28, subject to the 17 conditions set forth by the Advisory Planning Commission and 6 conditions set forth by the Advisory Parks, Recreation, and Natural Resources Commission:. 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B4, C1, C2, C4, El, F1, G1, and H1 2. The storm water runoff generated from the proposed restaurant located on Lot 1 (outlot) shall be directed to Pond BP-39. 3. The final grading plan shall provide a pond storage volume of 5.3 acre feet for Pond BP-39. 4. The storm water runoff generated from Lots 2 and 3 (outlot) shall be directed to Pond BP-13.1, which is the existing wetland along the east edge of the site. 5. The final grading plan for Pond BP-13.1 shall provide a pond storage volume of 2.4 acre feet, a maximum discharge rate of 3 CFS, and a wet pond volume of 4.7 acre feet. 6. The final grading plan shall include detailed plans and specifications covering the construction of the proposed retaining walls. 7. The sanitary sewer service to each lot shall include a manhole at the property line. 8. The existing 11/2" water service lines and the 6" sewer service lines that will not be utilized by this development but are stubbed to this site shall be capped and abandoned. 9. The site plan shall be revised to show a minimum of a 24' side drive aisle for 2-way traffic. 10. The proposed parking lot shall include concrete curb and gutter along the islands rather than striped islands. O0 Page 11/EAGAN CITY COUNCIL MINUTES November 16, 1993 11. The driveway opening for the restaurant on Lot 1 shall be provided opposite the existing driveway which serves the shopping center located 220' north of the north right-of-way line of Cliff Road. 12. The final grading plan shall protect the row of trees that is along the west lot line of this site. 13. A ponding and utility easement is required to an elevation of 3 feet above the calculated high water level of Ponds BP-39 and BP-13.1. 14. Developer shall be responsible for preparing and recording with the plat, easements for ingress and egress and cross-parking. The easements must be submitted and approved by the City Attorney's office prior to final plat approval. 15. The owner shall amend the existing plan development agreement by adding the specific conditions associated with this development and the approval of the preliminary plat shall not be construed as an approval, either implied or expressed, of any planned development uses in the preliminary plat. Any planned development uses on the property shall be approved by the City Council. 16. A traffic study shall be conducted to determine the development's impact on the area streets. 17. The developer shall complete all landscaping as required under the landscaping plan prior to the issuance of any building permit, replace any and all trees lost within 5 years of the development, design all outdoor lighting for the development in order to prevent the lighting from diffusing into the neighboring residential areas and restrict any and all garbage collection to the hours of 8:00 a.m. and 6:00 p.m. 18. The plat is not subject to a parks cash or land dedication. 19. This parcel is not subject to a cash trails dedication, but the developer is to be responsible for the installation of a 6 foot wide sidewalk along Thomas Lake Drive and an 8 foot wide bituminous path extending from Thomas Lake Drive to the limits of the plat on the west side of Thomas Lake Road. 20. This development is required to provide on-site ponding to meet water quality treatment standards and estimated pond volume requirements of 4.7 acre feet. 21. This development is not subject to any wetland replacement requirements. 22. The developer is to take measures to preserve as many of the existing trees as possible at the east side of the development, during construction and installation of the storm sewer pipe. 23. The developer is to implement enhanced landscaping in the area of this pond. These plans are subject to the review and approval of the City prior to implementation. Aye: 5 Nay. 0 Mr. Akaradi then asked for approval of the final plat. When it was explained that it was not possible to grant both the preliminary plat and final plat at the same time, he requested a footings and foundation permit in order to get the health dub underway. After discussion, Awada moved, Hunter seconded, a motion directing staff to issue the footings and foundation permit subject to administrative approval. Aye: 5 Nay: 0 004?a Page 12/EAGAN CITY COUNCIL MINUTES November 16, 1993 REFINANCING ASPEN WOODS & SURREY GARDEN APARTMENTS Mayor Egan introduced this item as consideration of refinancing Aspen Woods & Surrey Garden Apartments. Director of Finance Gene VanOverbeke stated that staff intends to press the applicability of the City's 1/8 of 1% administrative charge for this refinancing project. Mr. VanOverbeke added that any information the City Council wished regarding the refinancing could be provided prior to the public hearing. Councilmember Hunter asked that the advantages and disadvantages of the refinancing be included with that information. Wachter moved, Hunter seconded, a motion to approve a request to set a public hearing for December 21, 1993, to consider the refinancing of the Aspen Woods and Surrey Gardens Apartments. Aye: 5 Nay: 0 GOALS AND OBJECTIVES/ECONOMIC DEVELOPMENT COMMISSION City Administrator Hedges introduced this item as a review of the action taken by the City Council regarding the goals and objectives of the Economic Development Commission. Councilmember Masin indicated she had a question about memos from individual members of the EDC and whether they should be reviewed by the entire Commission. The Councilmember stated that members are chosen for their particular expertise and they should be permitted to author correspondence in their fields. She said if it is correspondence they are sending as a group, then it should be subject to Commission review but felt a distinction should be made in the instructions to the Commission. Mayor Egan stated that all Commissions act collectively. Any memo from an individual member should be viewed as the position of one individual and nothing more. He said he did not wish to give more credence to one over another. Councilmember Hunter stated that the memo from EDC Chairman Johnson, however, had fairly reflected the Council's direction regarding the goals and objectives. Director of Community Development Reichert added that Chairman Johnson's memo had been written to staff to summarize his understanding of what had taken place at the joint EDC/City Council meeting, it was staff who had forwarded it to the City Council for their review. RESOLUTION/GRANT APPLICATION FOR WAKOTA BRIDGE Mayor Egan introduced this item as consider resolution to support grant application to fund planning for construction of a new Wakota Bridge. City Administrator Hedges reviewed the City Council's action regarding its financial participation in the Wakota Bridge Coalition. He explained that the request had now been made for City support of a grant application to fund planning for the bridge improvement. Mayor Egan questioned whether the City wished to participate in actions that would make it more convenient to work in Eagan yet live outside the City. Councilmember Wachter also expressed his opposition to supporting a resolution as it may raise expectations of the City's future financial participation in the coalition. Councilmember Awada added her opposition to the Coalition's hiring a lobbyist to move the Wakota Bridge project ahead of other projects and Councilmember Hunter asked why the Coalition hadn't asked every city in the metro area to participate. After further discussion, no action was taken on the resolution. 00,10 cs3 Page 13/EAGAN CITY COUNCIL MINUTES November 16, 1993 DAKOTA COUNTY LEAGUE OF GOVERNMENT Counc ilmember Hunter advised that he was appointed to the Board of the Dakota County League of Government and at their last meeting, Mark Ulfers had explained the role of the Housing and Redevelopment Authority. In January, it is expected that Representative Tim Pawlenty will discuss the Metropolitan Council. LULL CORPORATION City Administrator Hedges explained that the Badger R. Bazen Company of Johnsonville, South Carolina, had successfully bid for acquisition of the Lull Corporation. Director of Community Development Reichert said that the Badger R. Bazen Company would like to acquire the existing Lull Corporation building and bring it up to standards. She further explained that the company is looking to the St. Paul Port Authority for financial assistance as the Port is offering long-term, low interest financing outside the City of St. Paul within the Metro East area but only in the area of manufacturing. In addition, the Port Authority advised that the project would probably qualify for a Small Cities Grant through the Department of Trade and Economic Development. Ms. Reichert said the City hasn't always qualified in the past but because this is manufacturing and a significant number of jobs are involved, the chances are good. The grant could involve $250,000 to $500,000 from DTED but the pay back would be to the City. The City could then use those funds in the future for additional, selected projects. In answer to a question from Councilmember Wachter, Ms. Reichert stated the company, would manufacture the Lull machine. The new owners believe there is a market and they would attempt to get back the employees who worked for Lull in the past or have people trained at the vo-tech in its manufacture. Ms. Reichert explained that if Badger Bazen does not acquire the company, it is likely the highly-specialized building would sit vacant for many years. The Council noted no risk to the City and was enthusiastic about the acquisition. STIPULATION OF SETTLEMENT/PAUL M ABBOTT Mayor Egan introduced this item as stipulation of settlement, final assessments, Project 600, Paul M. Abbott. Hunter moved, Awada seconded, a motion to approve the stipulation of settlement agreement for property identified as #10-49050-010-00 and 10-49050-020-00 and approve the resolution authorizing the Mayor and City Council to execute all related documents. Aye: 5 Nay. 0 R-93.83 SPECIAL CITY COUNCIL MEETING Awada moved, Wachter seconded, a motion to set a special City Council meeting for November 23, 1993, at 5:00 p.m. to further discuss the City's Municipal Center/Public Safety expansion program. Aye: 5 Nay: 0 MISCELLANEOUS Councilmember Awada advised that she and Councilmember Masin will be meeting with Anthony Caponi next week. Councilmember Masin reported that she had appeared before the Apple Valley City Council 0L'Q Page 14/EAGAN CITY COUNCIL MINUTES November 16, 1993 regarding the Minnesota Valley Transit Authority. In addition, she mentioned that Apple Valley has a ten minute public comment period immediately following approval of the agenda. She suggested the City may wish to consider such an arrangement in the future with any comments in excess of ten minutes deferred to the end of the meeting. City Administrator Hedges said that a change in the agenda could be considered at the Organizational Meeting in January. Discussion took place regarding a City Council/staff retreat and Carl Neu was the City Council's choice for facilitator. Councilmember Hunter also recommended that consideration be given to some unstructured time just for brainstorming. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated November 12, 1993, in the amount of $2,354,100.11. Aye: 5 Nay: 0 ADJOURNMENT/RECONVENE SPECIAL CITY COUNCIL MEETING The regular meeting of the Eagan City Council was adjourned at approximately 10:55 p.m. The special City Council meeting, which was recessed at 6:30 p.m., was reconvened and adjourned at approximately 12:30 a.m. on November 17. The issues and discussion of the special City Council meeting are recounted in minutes especially prepared for that meeting. KF CITY F EAGAN -AAA In . VanOverbeke Ci 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).