Loading...
01/19/1993 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota January 19, 1993 A regular meeting of the Eagan City Council was held on Tuesday, January 19, 1993, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges noted there would be an Executive Session to discuss pending litigation immediately following the regular meeting and that the City Council reserved the right to reconvene if they wished to take formal action. Wachter moved, Hunter seconded, a motion to approve the agenda for the January 19, 1993, regular City Council meeting as presented. Aye: 5 Nay. 0 The first minutes considered were the minutes of the December 8, 1992, special City Council meeting. A number of concerns were expressed regarding a clarification of Council's action on the reconstruction width of Turquoise Trail. Because the minutes reflect the discussion at the meeting, they were approved; however, Director of Public Works Colbert was asked to return an analysis of the collector streets in Project 617R to the City Council at their February 2, 1993, regular meeting showing the existing widths, the proposed widths, and the resulting impact of each. Awada moved, Wachter seconded, a motion to approve the minutes of the December 8, 1992, special City Council meeting as presented. Aye: 4 Nay: 0 Abstain: 1 (Hunter) Mayor Egan suggested the following correction to the minutes of the January 5, 1993, regular City Council minutes: Page 4, first paragraph under CDBG item, last sentence, the word, "facility," should be, "facilitate." Hunter moved, Awada seconded, a motion to approve the minutes of the January 5, 1993, regular City Council meeting as presented. Aye: 5 Nay: 0 POLICE DEPARTMENT/ORDINANCE AMENDMENT Mayor Egan introduced this item as an ordinance amendment, Section 10.10, Dangerous Weapons and Articles. Wachter moved, Awada seconded, a motion to approve a revision to City Code, Section 10.10, Dangerous Weapons and Articles. Aye: 5 Nay: 0 Page 2/EAGAN CITY COUNCIL MINUTES January 19,1993 CONSENT AGENDA A. Personnel Items Item 1. Temporary Accountant--It was recommended that the appointment of Kenneth Damlo as a temporary accountant for the City of Eagan be ratified. Item 2: Clerical Collective Bargaining Agreement--It was recommended that the 1993/1994 collective bargaining agreement with the clerical unit be approved. B. Plumbers Licenses It was recommended that plumbers licenses be approved as submitted (Exhibit A). C. Resignations/Commissions It was recommended that the resignations of Debra L. McMartin and Cynthia Luse-McKeen from the Economic Development Commission be accepted. D. Final Flat/St. Thomas Becket Addition It was recommended that the final plat for St. Thomas Becket Addition be approved. R-93.2 E. 1993 Recycling Program Funding Joint Powers Agreement It was recommended that the joint powers agreement for Dakota County for the City of Eagan's 1993 recycling program funding be approved. R-93.3 F. Star Ci , Recertification It was recommended that a resolution regarding the City's Star City recertification for 1993 be approved. R-93.4 G. Approve Condemnation Agreement (Diffley Road - Thomas Rooney) It was recommended that the condemnation agreement for Parcel 10-02200-012-86 (Thomas Rooney) for Project 607 (Diffley Road Reconstruction) be approved and the Mayor and City Clerk authorized to execute all related documents. H. Approve Joint Powers Agreement (Traffic Marking & Street Sweeping) It was recommended that the 1993 joint powers agreement for traffic markings/street sweeping be approved and the Mayor and City Clerk authorized to execute all related documents. I. Receive Petition/Order Feasibility Report. Plans & Specifications (West Half of Ivy Lane) It was recommended that the petition for Project 648 (West Half of Ivy Lane - Streets & Utilities) be received and the preparation of a feasibility report, plans and specifications ordered. Page 3/EAGAN CITY COUNCIL MINUTES January 19, 1993 J. Approve Change Order #2 (Oak Cliff 6th Addition) It was recommended that Change Order #2 to Contract 92-05 (Oak Cliff 6th Addition - Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. K Final Payment/Acceptance (Oak Cliff 6th Addition & Wilderness Ponds) It was recommended that the fourth and final payment to Contract 92-05 (Wilderness Ponds & Oak Cliff 6th Addition - Utilities) be approved to Ryan Contracting, Inc. in the amount of $9,997.80 and acceptance for perpetual maintenance authorized subject to appropriate warranty provisions. L. Vacate Utility Easement (Lots 8 & 10/Sibley Terminal Industrial Park) It was recommended that the petition to vacate a utility easement between Lots 8 and 10, Sibley Terminal Industrial Park be received and a public hearing scheduled for February 16, 1993. M. Pet Shop License Renewals It was recommended that the pet shop licenses for 1993 for Town Centre Pets, Heartland Pets and Wal- Mart be approved conditioned upon payment of the 1993 license fee. Wachter moved, Hunter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. ADVISORY COMMISSION APPOINTMENTS: Advisory Planning Commission The following members were appointed to the Advisory Planning Commission: a. Three-year terms (2): 1. Scott Merkley 2. Carla Heyl b. One-year alternate (1): 3. Gunnar Isberg Advisory Parks, Recreation & Natural Resources Commission At the end of the special City Council meeting on Tuesday, January 12, 1993, the existing Advisory Parks, Recreation and Natural Resources Commission was discussed and how best to take advantage of the interest and talent in the community in parks, recreation, and natural resources. After discussion, City Administrator Hedges suggested that the Council may wish to delay appointments to the present Commission to the second meeting in February to allow a study of the issue and whether to leave the commission as it is, separate the commission into two groups or whether to expand the existing commission to include additional members. Councilmember Awada asked that staff prepare a letter to all candidates for the Advisory Parks, Recreation and Natural Resources Commission regarding the status of the commission. C" Page 4/EAGAN CITY COUNCIL MINUTES January 19, 1993 Masin moved, Awada seconded, a motion to continue appointments for the Advisory Parks, Recreation, and Natural Resources Commission to the February 16, 1993, regular City Council meeting. Aye: 3 Nay: 2 (Wachter, Hunter) Airport Relations Commission The following members were appointed to the Airport Relations Commission: a. Three-year Term (1): 1. Bob Cooper b. One-Year Alternates (2): 2. Al Bachel 3. Pat Todd Burnsville/Eagan Cable Communications Commission The following members were appointed to the Burnsville Eagan Cable Communications Commission: a. Three-year terms (2): 1. Nick Choban 2. Susan Shaffer b. One-year alternate (1): 3. Ken Pirkl Economic Development Commission The following members were appointed to the Economic Development Commission: a. Three-year terms (3): 1. Eldon Johnson/Utility 2. James J. Green/Corporate 3. Kirk Duholm/Financial b. One-year terms (2) 4. Gary Morgan/General Business 5. Karl Oestrich/Service Solid Waste Abatement Commission The following members were appointed to the Solid Waste Abatement Commission: a. Three-year terms (2): 1. Dan Breva/Resident 2. James Weinzettel/Hauler b. One-year alternate (1): 3. John Tapper B. ACTING MAYOR Mayor Egan appointed Councilmember Wachter as the Acting Mayor for 1993. C. LEGAL NEWSPAPER Wachter moved, Awada seconded, a motion to approve retaining the Dakota County Tribune (This Week Newspapers) as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 C Page 5/EAGAN CITY COUNCIL MINUTES January 19,1993 D. CITY COUNCIL MEETINGS Hunter moved, Awada seconded, a motion to designate the first and third Tuesdays of each month at 6:30 pm. for the official City Council meetings, and designated the following alternate date for a meeting with a scheduling conflict: Monday, April 5, 1993, for the April 6 meeting. Aye: 5 Nay: 0 Consideration of an alternate date for the May 18, 1993, regular City Council meeting, necessitated by school board elections in all three Eagan school districts, was continued to the April 6,1993, regular City Council meeting. E. COUNCIL MEETINGS/PRESENTATION GUIDELINES Wachter moved, Hunter seconded, a motion to approve the following guidelines as modified for public presentations made before the City Council: 1. Persons attending a City Council meeting may address the Council at the appropriate time that a specific item is listed on the agenda. 2. When addressing the Council, the presenter shall stand at approach the podium and begin their presentation by clearly stating their name and address. 3. All persons who speak shall address the presiding officer. 4. At public hearings, all questions and remarks from the audience are limited to four (4) minutes and shall be addressed to the presiding officer. Each person is limited to one turn and the presiding officer may use his discretion whether to allow repeat statements from the same person. 5. Presentations concerning items will be heard only upon approval of the presiding officer. 6. To help maintain order, applause or other unnecessary disturbances are discouraged. 7. Petitions shall be presented to the City Administrator. 8. Members of the audience are encouraged to speak before the Council but they cannot make motions or otherwise participate in the meeting. Aye: 5 Nay: 0 F. COMMITTEE APPOINTMENTS (COUNCIL): Mayor Egan appointed Councilmembers to serve on the various standing committees as follows: 1. Finance Committee: Hunter (Chair) and Egan 2. Public Works Committee: Wachter (Chair) and Masin 3. Personnel Committee: Awada (Chair) and Masin Hunter moved, Awada seconded, a motion to ratify the standing committee appointments as presented. Aye: 5 Nay: 0 r Page 6/EAGAN CITY COUNCIL MINUTES January 19, 1993 Councilmember Masin agreed to serve as the City's representative on the Minnesota Valley Transit Authority Board and the following Council members will serve as the City's liaisons to each of the City's school districts: Councilmember Hunter, ISD #191; Councilmember Awada, ISD #196; and Mayor Egan, ISD #197. Hunter moved, Masin seconded, a motion to ratify the Council appointments as outlined. Aye: 5 Nay: 0 Councilmember Wachter will be the City's appointment to the Eagan Forum with Councilmember Masin agreeing to fill in as needed. The rest of the Council will attend Forum meetings as their schedules permit. Awada moved, Hunter seconded, a motion to ratify Councilmember Wachter's appointment to the Eagan Forum. Aye: 5 Nay: 0 VACATION/PORTION OF SKYLINE ROAD Mayor Egan introduced this item as a vacation of a portion of public right-of-way (adjacent to Lot 11, Treffle Acres). Director of Public Works Colbert explained the petition and said no objections had been received to this action. Mr. Colbert then explained that the original alignment of Skyline Road was shifted to the south in order to preserve a significant stand of pine trees. He noted that the City had paid approximately $4,819 to acquire additional right-of-way and questioned whether the City should give up control of that property, particularly without some type of compensation. John Broman, 1461 Skyline Road, expressed surprise that there would be any cost to him for the vacation. He said he had been assessed $24,000 for the road improvements which had decreased, not increased the value of his property. Discussion continued with the Mayor concluding that Mr. Broman had paid assessments associated with the Skyline Road improvement and it seemed inappropriate to expect him to now pay $4,819 in construction costs on top of that. In addition, the Mayor noted that Mr. Broman was not the property owner who was paid for the additional right-of-way. Director of Public Works Colbert suggested that because preservation of the trees is the City's major concern in vacating the right-of-way, perhaps Mr. Broman would be willing to grant the City a conservation easement to protect the trees from any future development of the property. Mr. Broman indicated his willingness to grant the easement. Wachter moved, Hunter seconded, a motion to close the public hearing and approve the vacation of a portion of public right-of-way for Skyline Road adjacent to Lot 11, Treffle Acres, with the condition that petitioner, John Broman, grant the City a conservation easement to protect and preserve the trees on the vacated property. Aye: 5 Nay. 0 INTERSECTION IMPROVEMENTS/LONE OAK ROAD AT LEXINGTON AVENUE Mayor Egan introduced this item as Project 6018 (updated as 601A), Lone Oak Road at Lexington Avenue (Intersection Improvement). After brief background information from City Administrator Hedges, Director of Public Works Colbert provided a history of the project. He explained the proposed intersection improvements and noted there are still concerns from the adjacent property owners about the need for the C" -O: Page 7/EAGAN CITY COUNCIL MINUTES January 19, 1993 improvement and its financial impact. In dosing, Mr. Colbert discussed the cost of the project and how much of the City's obligation is proposed to be assessed. Dave Zeck, Dakota County design engineer, was present to answer any questions. Mark Anderson, representing Opus Corporation as well as Alscor and North America Mutual Life, indicated they support the intersection improvements but noted their concerns about certain storm sewer improvements and ponding requirements associated with the project. Director of Public Works Colbert explained that no additional ponding is proposed with the intersection improvements; however, noted that additional ponding may be required in the future but will be identified when the property develops or when Lone Oak Road is improved. In outlining his objections to the project, James Roberts of Crate Prospects indicated he was especially concerned about the installation of a median and could not see how the proposed changes would solve any of the traffic problems associated with the intersection. Mr. Roberts said that the intersection should be left as it is until any improvements to Lone Oak Road are decided. Harlan Bluhm, 2995 Lexington Avenue, and Marvin Rahn, 3050 Lexington Avenue, added their concerns about the project. Mr. Rahn's major concern is full access to his property and asked that a shorter median or a break in the median be considered. Debate continued regarding the design of the intersection and possible alternatives including painted medians. It became apparent after discussion with Mr. Zeck that the present design incorporating the median changes discussed at the last public hearing was as far as the County is willing to go in changing the intersection layout. Mr. Zeck cited safety considerations and added that painted medians in an intersection of this size are not safe as motorists are unsure of where they must be to negotiate the intersection. Mr. Zeck also noted that street access spacing near this intersection is shorter than usual; however, he said the developers of the properties were aware that it was intended to be controlled in the future by medians. He said the County had agreed to shorten the northern intersection median but said they believe, in the interests of safety, that the rest of the intersection should be left as it was designed. Councilmembers expressed concerns that the painted medians could not at least be installed on a trial basis. In addition, they recommended it might relieve some of the traffic congestion near the intersection if the Post Office were asked to use the "front" parking lot for mail drop-off only and the side lot for window customers. Councilmember Awada said she felt the intersection would be safer with a median. She expressed sympathy for the neighbors; however, did not want to stop the project. Mayor Egan reluctantly agreed. Councilmember Hunter asked whether there couldn't be a cut in the median to permit Mr. Rahn full access to his property. Mr. Zeck said putting a cut that close to the intersection would essentially eliminate the median. He said he could not take that proposal to the County Board but did say he would propose a painted median to the north. He cautioned, however, that any problems associated with the painted median would prompt the installation of a concrete median. Councilmember Hunter expressed his disappointment that the County would not compromise further. He acknowledged the significant need for signalization at the intersection and said it should not be delayed further. Councilmember Wachter said it wasn't that he didn't feel the improvements were necessary but felt the concessions requested of the County were not unreasonable. Mayor Egan agreed but indicated he would support the project as he believed the City could expect no further flexibility from the County. c.. Page 8/EAGAN CITY COUNCIL MINUTES January 19, 1993 Awada moved, Hunter seconded, a motion to close the public hearing and approve Project 6018 (updated as 601A) - Lone Oak Road and Lexington Avenue Signalization Intersection Improvements. Aye: 3 Nay: 1 (Wachter) Abstain: 1 (Masin) Motion failed. Councilmember Masin asked if a similar example could be found in another City whether the County could be convinced to eliminate the medians. Director of Public Works Colbert said examples could probably be found; however, said he believed the County designs for safety. Councilmember Wachter said he would support the project if the County would shorten the median to the south. After discussion, Awada moved, Hunter seconded, a motion to close the public hearing and approve Project 601R (updated as 601A) - Lone Oak Road and Lexington Avenue Signalization Intersection Improvements. Aye: 4 Nay: 0 Abstain: 1 (Masin) Councilmember Wachter prefaced his vote with a request that the motion be amended to include a strong recommendation to the County that the median to the south be painted on the same probationary status as to the north with unlimited access to the Rahn property. He said that if the County would not agree to this request, he would vote no on the project. Director of Public Works Colbert advised that it was unlikely the County would agree and Councilmember Wachter changed his vote to no. Aye: 3 Nay: 1 (Wachter) Abstain: 1 (Masin) Further attempts were made to resolve the issue; however, when no progress was made, the motion was allowed to stand. PRELIMINARY PLAT EXTENSION Ss MARTHA & MARY EPISCOPAL CHURCH Mayor Egan introduced this item as an extension of the preliminary plat for Ss. Martha and Mary Episcopal Church. The Reverend George Martin was present to answer any questions. Wachter moved, Awada seconded, a motion to approve a one-year preliminary plat extension for Ss. Martha and Mary Episcopal Church as presented. Aye: 5 Nay: 0 PRELIMINARY PLAT EXTENSION BEST BRANDS ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for Best Brands Addition. Hunter moved, Awada seconded, a motion to approve a one-year preliminary plat extension for Best Brands Addition. Aye: 5 Nay: 0 STALKING ORDINANCE Mayor Egan introduced this item as consideration of a stalking ordinance. City Administrator Hedges provided background on events leading up to the proposed ordinance. Page 9/EAGAN CITY COUNCIL MINUTES January 19, 1993 Discussion took place as to whether the State will pass legislation regarding stalking and whether the City should pass an ordinance in the interim. There was some disagreement as to the necessity of a local ordinance and its associated costs. Masin moved, Hunter seconded, a motion continuing consideration of a stalking ordinance for one month with the City putting its efforts behind the State Legislature's proposal. Aye: 2 (Masin, Hunter) Nay- 3 (Wachter, Awada, Egan) After additional discussion, Awada moved, Wachter seconded, a motion to approve a proposed stalking ordinance for the City of Eagan. Aye: 5 Nay: 0 SPECIAL ASSISTANCE RECYCLING GRANT Mayor Egan introduced this item as an application for the recycling program, Dakota County Special Assistance Grant. Wachter moved, Masin seconded, a motion to approve an application for the City's recycling program for the Dakota County Special Assistance Grant in the amount of $16,757 as presented. Aye: 5 Nay: 0 RIGHT-OF-WAY SETBACK VARIANCE/SONS CONSTRUCTION HILLS OF STONEBRIDGE Mayor Egan introduced this item as a variance for Sons Construction, of 3' to the required 30' setback from City right-of-way for Lot 18, Block 4, Hills of Stonebridge, located in the NE 1/4 of Section 24. Acting Director of Community Development Hohenstein stated that the applicant is claiming the variance is necessitated because the proposed house and garage cannot meet all required setbacks for this pie-shaped lot. When Councilmember Wachter suggested the house be turned slightly to keep it within the setbacks, the owner claimed it would then infringe upon either the 30' frontyard setback or the sideyard setback. After additional discussion, Awada moved, Egan seconded, a motion to approve a variance for Sons Construction of 3 feet to the required 30 foot setback from City right-of-way for Lot 18, Block 4, Hills of Stonebridge, located in the NE 1/4 of Section 24 as presented and subject to the following conditions: 1. No other variance shall be granted for this lot. 2. All applicable City requirements. Aye: 3 Nay: 2 (Wachter, Hunter) SIGNAGE VARIANCE/FACTORY FURNITURE OUTLET Mayor Egan introduced this item as a variance for the Factory Furniture Outlet, to allow signage to be painted on three sides of the building at 3820 Sibley Memorial Highway, located on Parcel #10-01900-050-04 in the NE 1/4 of Section 19. Acting Director of Community Development Hohenstein explained the application and indicated it was for two variances. Mr. Hohenstein said the City's Sign Inspector noticed the non-conforming signage while on routine inspections. The applicant claims this type of signage is necessary for this location to promote the name and nature of the business. The applicant was present to answer any questions. C;O J Page 10/EAGAN CITY COUNCIL MINUTES January 19, 1993 Because the application involved a business in Cedarvale, there were less concerns about the need for the variance than about approving the application without a penalty for failing to obtain a variance in advance. Acting Director of Community Development Hohenstein suggested that staff review the possibility of assessing a penalty for violation of the sign ordinance as well as having the applicant bring his signs into conformance within a certain time frame. After further discussion, Awada moved, Hunter seconded, a motion to approve a variance for the Factory Furniture Outlet to allow signage on three sides of the building at 3820 Sibley Memorial Highway, located on Parcel #10-01900-050-04 and subject to the following conditions: 1. No off-site signage shall be allowed. 2. There shall be a one-time sign fee of $2.50/sq.ft. 3. Signage will be brought into conformance with the ordinance within 90 days by having the signs attached rather than painted on the building. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion directing staff to draft an amendment doubling the application fee for violation of the sign ordinance. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT ENGSTROM'S DEERWOOD 2ND ADDITION Mayor Egan introduced this item as a Planned Development Amendment for Engstrom's Deerwood 2nd Addition/Robert Engstrom Companies, changing the land use from Townhouse to R-1 (Single Family) within the Engstrom's Deerwood Planned Development and a Preliminary Plat consisting of four lots on approximately 2.7 acres located along the south side of Deerwood Drive in the SE 1/4 of Section 21. Acting Director of Community Development Hohenstein explained the application and noted that a seventh condition had been added requiring driveway easements to be reviewed by the City Attorney's office and filed with the final plat. Howard Kyllo was present to answer any questions. Wachter moved, Awada seconded, a motion to approve a planned development amendment for Engstrom's Deerwood 2nd Addition/Robert Engstrom Companies, changing the land use within Engstrom's Deerwood Planned Development from R-3 (Townhouse) to R-1 (Single Family). Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve a preliminary plat consisting of four lots on approximately 2.7 acres located along the south side of Deerwood Drive and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, B1, B2, B4, C1, C2, D1, El, F1, G1, and H1 2. Variance of 5' shall be approved for Lots 2 and 3 to allow 80' lot widths. 3. Snow fencing shall be erected around the .03 acre wooded area on Lot 4 prior to grading. 4. As part of the final grading plan, the developer will be required to submit detailed plans and spermcations for staff review and approval for the proposed retaining walls. %oj.j Page 11/EAGAN CITY COUNCIL MINUTES January 19, 1993 5. The development will be required to provide individual sewer and water service to each proposed lot. 6. The two existing driveway openings on Deerwood Drive shall be removed and replaced with B618 concrete curb and gutter if they will not be utilized for proposed driveways. 7. The developer is required to provide driveway easements to be reviewed by the City Attorney's office and filed with the final plat. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/FOUR OAKS ESTATES Mayor Egan introduced this item as a rezoning for Four Oaks Estates/Rosewood Corporation, of approximately 8.8 acres from R-3 (Townhouse) to E (Estate) and a preliminary plat consisting of four single- family lots located along the north side of Four Oaks Road in the NW 1/4 of Section 9. Acting Director of Community Development Hohenstein explained the application. Peter Hilger, representing Rosewood Corporation, distributed a letter expressing his company's objections to Condition #8 which requires them to disclose that the lots are just outside the Metropolitan Council's noise corridor. He said they should not be compelled to make this disclosure unless it is a requirement applied to all others "just outside" the corridor. Mr. Hilger stated that their neighbor to the north, Mr. Reese, has indicated he has not had a problem with noise. Mayor Egan allowed that it is appropriate for staff to point out; however, he did not want to put the developer at a competitive disadvantage. City Councilmember Wachter advised that proper insulation of the homes would be more effective than a warning. Discussion then turned to the slope of the driveways with Mr. Hilger pointing out that all are customized lots. He said the terrain and preservation of trees would be their justification for driveway slopes exceeding 10%. Wachter moved, Masin seconded, a motion to approve the rezoning for Four Oaks Estates/Rosewood Corporation of approximately 8.8 acres from R-3 (Townhouse) to E (Estate). Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to approve a preliminary plat consisting of 4 single-family lots located along the north side of Four Oaks Road as presented and subject to all but Number 8 of the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, C1, C2, C5, D1, El, F1, G1, and H1 2. A detailed grading, drainage and erosion control plan showing proposed house and driveway construction is required prior to final plat approval. 3. If the developer fails to comply with the maximum slope of 10% allowed for driveways, then written justification for exceeding City Code requirements shall be submitted for review and approval. 4. The final plat application shall include a utility layout plan showing how sewer and water will be provided to each house on each lot as required by City Code. Page 12/EAGAN CITY COUNCIL MINUTES January 19, 1993 5. An additional hydrant shall be added to provide increased fire protection to the house on Lot 4. 6. If retaining walls will be used to minimize disturbance for the grading of the driveways, detailed plans and specifications shall be submitted to the City for review and approval. 7. Restricted access shall be dedicated along the west property line of Lot 1. 8. Vae dove! . d to My > ia real estate > the feet that there feuF leis -am 8. The sewer and water services for the proposed lots shall follow the driveways in heavily wooded areas in an effort to limit the disturbance to the vegetation and trees on this site. Clean-outs shall be provided on the sewer services every 100 feet. Aye: 5 Nay: 0 Director of Public Works Colbert asked Mr. Hilger, if it would save more trees, whether they would be willing to utilize cross driveway easements. Mr. Hilger said he did not believe that would be necessary. He said it would not work as the people who build on lots of this type want the privacy of individual driveways. PRELIMINARY PLAT/TOWN CENTRE 70 -15TH ADDITION KOHL'S DEPARTMENT STORE Mayor Egan introduced this item as a preliminary plat for Town Centre 70 - 15th Addition/Eagan Tower Office Building Partnership, consisting of approximately 16.5 acres with one lot and an outlot for future development located along the east side of Town Centre Drive and the west side of Denmark Avenue in the NW 1/4 of Section 15. Acting Director of Community Development Hohenstein explained the application and described its location. Mr. Hohenstein said the Advisory Planning Commission had denied the application because of a number of unresolved issues. Ron Krank, the architect representing Federal Land Company, stated they had brought their application to the City Council to resolve the outstanding issues in order to meet construction deadlines. Of the areas noted as concerns at the Advisory Planning Commission, most were addressed with staff prior to the City Council meeting. Council was in agreement with the modified plans in response to those concerns; however, two major issues relating to Town Centre Drive site lines and the exterior building materials remained to be resolved. Director of Public Works Colbert stated that the site line distance on Town Centre Drive still has to be worked out. After discussion, Martin Colon repeated his objection to this condition but indicated he was not averse to working with Wal-Mart to resolve. He said he would appreciate a letter from the City to him regarding the issue and then he would follow up with Wal-Mart. It was agreed that the condition will remain. Discussion then turned to the exterior building materials issue. Ron Krank stated that the building was designed with a split-block exterior because they did not believe brick would look appropriate when the buildings abutting it are block. While there was some agreement with that position, there was also a desire to adhere to the City's standard of bricks or better. Martin Colon indicated a willingness to put brick across the face of the building and the wing walls but because he will own the building, had serious concerns about a "hodge-podge" of materials and a "discontinuous" look. He also admitted he was not excited about the color of the building but Kohl's had said that if Federal Land wants Kohl's, these are their colors. Councilmember Awada stated that the 0cr Page 13/EAGAN CITY COUNCIL MINUTES January 19, 1993 buildings are different no matter what the materials are. She suggested that the dark portions of the front of the building be constructed of brick and the lighter portions, split rock. Wachter moved, Hunter seconded, a motion to approve a preliminary plat for Town Centre 70 - 15th Addition/Eagan Town Office Building Partnership, consisting of approximately 163 acres with one lot and an outlot for future development located along the east side of Town Centre Drive and the west side of Denmark Avenue and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990: Al,Bi,B2,B4,C1,C2,C4,CS,D1,El,F1,G1,andHi 2. The building front face shall be constructed of brick. 3. A landscape plan submitted on a grading plan shall be reviewed and approved by the City Planner prior to final plat. 4. The signage shall be subject to a one-time fee of $2.50/sq.ft. 5. Any outdoor storage shall be subject to Eagan City Code Section 11.10, subd. 29, Outdoor Storage by Business. beading. 6. All plant material shall be a grade one quality. 7. The development shall construct a 3' berm along Town Centre Drive. 8. The developer will work with Wal-Mart in an effort to alleviate any site distance safety problems on Town Centre Drive from the south entrance. 9. The storm sewer runoff generated from the proposed parking lot along the west side of the building will need at least four catch basins to drain the parking lot. 10. The existing driveway opening on Town Centre Drive that is shown to be removed shall be replaced with B618 concrete curb and gutter. 11. The new driveway opening on Town Centre Drive shall be constructed with a concrete valley gutter and concrete apron. 12. The new northerly driveway to Town Centre Drive shall be wide enough to provide for one outbound left lane (12' wide), one outbound right turn lane (14' wide) and one inbound lane (14' wide). 13. The site plan shall include islands to channelize the driveway in front of the department store and to eliminate parking spaces which would back directly out into the driveway. 14. The main entrance as identified on the concept plan submitted by the developer shall provide for a main drive aisle free from parking space conflicts for a distance of at least 100' from Town Centre Drive. C; Page 14/EAGAN CITY COUNCIL MINUTES January 19, 1993 15. The developer shall obtain cross parking ingress and egress easements to be reviewed by the City Attorney's office and filed with the final plat. 16. The developer shall obtain cross easements for the service area between Kohl's and the existing strip center to the north to be reviewed by the City Attorney's office and filed with the final plat. 17. The screening walls on the west side of the building shall be constructed with the same materials as the Kohl's store and to a height of 14' in order to architecturally tie into the building. Aye: 5 Nay. 0 t 44 UNISYS PROPERTY City Administrator Hedges apprised the City Council of a recent meeting with the developer of the remainder of the Unisys property. The project is only in concept form and involves proposed housing and an executive par 3 golf course. Mr. Hedges said the City was approached regarding its interest in being a partner in the golf course. The City Administrator suggested the possibility of taking the issue, from a financial/economic perspective, to the Economic Development Commission for their evaluation. If the project has possibilities, it could be presented to the Advisory Planning Commission for further review. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated December 31, 1992, in the amount of $971,336.86; the checklist dated January 14, 1993, in the amount of $83,111.87; and the checklist dated January 18, 1993, in the amount of $263,237.33. Aye: 5 Nay: 0 RECESS/EXECUTIVE SESSION/ADJOURNMENT The regular meeting of the Eagan City Council was recessed at approximately 12:15 a.m. to convene an executive session for the purposes of considering information involving pending litigation. The City Council reserved the right to reconvene the regular meeting in order to take action on this information. Those present were Mayor Egan, Councilmembers Awada, Hunter, Masin, and Wachter, City Administrator Hedges, Acting Director of Community Development Hohenstein, Director of Public Works Colbert, and City Attorney Sheldon. The Executive Session was adjourned at approximately 12:30 a.m. and the regular meeting reconvened. Wachter moved, Egan seconded, a motion to accept the recommendation of the City Attorney to appeal to the Court of Appeals, the Delta Development versus the City of Eagan District Court decision. Aye: 5 Nay: 0 The regular meeting of the Eagan City Council was adjourned at approximately 12:45 a.m. on January 20, 1993. KF CITY OF EAGAN E. anOverbeke 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) 6814600, (TDD phone: (612) 454-8535).