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09/21/1993 - City Council Regular 00304 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota September 21, 1993 A regular meeting of the Eagan City Council was held on Tuesday, September 21, 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. A;IIP``..)F«AA After noting that the Consent Agenda item for Autumn Ridge 4th Addition's final plat was being recommended for continuance, Wachter moved, Masin seconded, a motion to approve the agenda for the September 21, 1993, regular City Council meeting. Aye: 5 Nay: 0 Councilmember Wachter asked that the following be included in the minutes of the September 7, 1993, regular City Council meeting during the discussion of the Kings Wood 3rd Addition: Page 19, Paragraph 6, last line ADD: "Councilmember Wachter cautioned that he did not want to see the City involved in another financial controversy with the applicant over inspections." Awada moved, Hunter seconded, a motion to approve the minutes of the September 7, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 After noting no changes, Awada moved, Wachter seconded, a motion to approve the minutes of the September 7, 1993, special City Council meeting. Aye: 5 Nay: 0 After noting no changes, Wachter moved, Awada seconded, a motion to approve the minutes of the August 31, 1993, special City Council meeting. Aye: 5 Nay: 0 At the request of Fire Chief Dale Nelson, former Fire Chief Ken Southorn recognized the retirement of volunteer firefighter Ed Engelhard. Mr. Engelhard is the last of the original charter members of the Eagan Volunteer Fire Department. Mayor Egan presented Mr. Engelhard with a certificate while the rest of the Council and audience joined in thanking him for his contribution to the community. IA?RT1? 15111) Awe POLICE DEPARTMENT/SPLATBALL Mayor Egan introduced this item as a request to change the ordinance to permit indoor splatball. City Administrator explained the background and indicated that staff had researched Splatball Indoor at their St. Paul location. Other than a minor problem with the sale of smoke grenades, staff has not received any negative information regarding Splatball Indoor. Councilmember Masin asked if the guns used in Splatball were provided by the establishment or whether participants brought their own. Jim Nordberg, President of Splatball Indoor, began by saying that the guns they provide at Splatball are not like standard BB-guns or air guns and the amount of air pressure is predetermined and regulated. He said some people do bring their own guns but Splatball Indoor attempts to impress upon all players that air guns are to be treated and transported just like any other firearm. Councilmember Masin asked the cost and Mr. Nordberg said between $30-$35 for a four-hour period. OO3O Page 2/EAGAN CITY COUNCIL MINUTES September 21, 1993 Mr. Nordberg said if the Council agreed to draft an ordinance permitting Splatball, his company would be willing to follow a licensing or regulatory process. Councilmember Wachter asked if they would be willing to stipulate a yearly review and Mr. Nordberg said they would. Councilmember Masin asked the City Attorney if there were legal ramifications to the City Council if they changed the ordinance. City Attorney Sheldon said the City Council has the discretion to change policy and in doing so, does not incur liability for exercising good faith judgment. City Administrator Hedges said that if it is the desire of the City Council to change the ordinance, the City Attorney's office could be directed to research the issue, including all licensing and regulatory options. Hunter moved, Wachter seconded, a motion directing staff to draft an ordinance amendment to the Dangerous Weapons and Articles section of the City Code permitting indoor splatball in the City of Eagan. Aye: 4 Nay: 1 (Masin) Mayor Egan and the City Council offered their congratulations on a very successful Community Open House held at the Maintenance Facility on September 11. In addition, Dorothy Peterson, Recreation Superintendent, was recognized for her receipt of the prestigious 1993 Outstanding Youth Sports Leadership Award presented by the National Youth Sports Coaches Association. TONWARM A. Personnel Items Item 1. Health Insurance Request for Proposal--It was recommended that the Request for Proposal, as recommended by the Personnel Committee of the City Council, be approved and directed the advertisement and solicitation of proposals. Item 2. Early Retirement Option--It was recommended that an early retirement option be offered to eligible employees wherein if they retire prior to January 31, 1994, the multiplier percentage used to calculate their retirement annuity would be increased by .25% for each year of service up to 30 years. Item 3. Resignation/Patrol Officer--It was recommended that the resignation of John G. Serier II as a patrol officer in the Eagan Police Department be accepted and the filling of the position authorized. B. Proclamation. Adult Literacy Week. September 27 - October 3 It was recommended that the week of September 27 - October 3, 1993, be proclaimed as Adult Literacy Week in the City of Eagan. R-93.67 C. Proclamation. Waste Reduction Week. September 27 - October 2 It was recommended that the week of September 27 - October 2, 1993, be proclaimed as Waste Reduction Week in the City of Eagan. 8-93.68 D. Application. Dakota County Community Landfill Abatement Funding It was recommended that the City's application for funding through the Dakota County Community Landfill Abatement program be approved. E. License. Liquor. Change Managers for Holiday Inn. 2700 Pilot Knob Road It was recommended that the liquor license in the name of Holiday Inn/John Zavada be approved. Page 3/EAGAN CITY COUNCIL MINUTES 00306 September 21, 1993 F. Contract 92-09. Acknowledge Completion. Final Payment and City Maintenance (Great Oaks Addition - Streets & Utilities) It was recommended that the completion and final payment of Contract 92-09 (Great Oaks & Woodlands North 2nd Additions - Streets & Utilities) be acknowledged and perpetual City maintenance authorized subject to all related warranty provisions. G. Vacate Public Utility Easement (Town Centre 70 - 2nd & 11th Additions) It was recommended that the vacation of drainage and utility easements be approved as described within Town Centre 70 - 2nd & 11th Additions and their recording simultaneously with the final plat for the Town Centre 70 - 15th Addition authorized. H. Final Plat. Lakeview Trails 2nd Addition It was recommended that the final plat for Lakeview Trails 2nd Addition be approved. 1. Final Plat. Autumn Ridge 4th Addition R-93.69 It was recommended that the final plat for Autumn Ridge 4th Addition be continued to the October 5, 1993, regular City Council meeting. J. Final Plat. Town Centre 70 - 15th Addition It was recommended that the final plat for Town Centre 70 - 15th Addition be approved. R-93.70 K. Authorize Appointment of New Hearing Examiner. Tobacco License for Suspension It was recommended that Joyce Pruitt, Administrative Intern, be appointed as hearing officer to pursue enforcement of Section 6.34 of the City Code and to reschedule the hearing. L. Authorize Correspondence. Dakota County Long-Term. Solid Waste Funding Program It was recommended that correspondence to Dakota County be authorized concerning the long-term, solid waste funding program. M. Transfer of Automobile. Drug Task Force to Police Department It was recommended that the purchase of a Toyota Camry from the South Metro Drug Task Force be authorized for use by the City of Eagan's school liaison officer. N. Ratify Amendment to Planned Development Agreement. Pondview Addition It was recommended that the amendment to the Planned Development Agreement for the Pondview Addition be ratified as presented. 0. eject 639. Receive Final Assessment Roll/Schedule Public Hearing (Aldrin Drive - Streets & Utilities) It was recommended that the final assessment roll for Project 639 (Aldrin Drive - Streets & Utilities) be received and a public hearing scheduled to be held on October 19, 1993. P. Project 609. Receive Final Assessment Roll/Schedule Public Hearing (Cliff Road & Rahncliff Road - Streets & Utilities) Page 4/EAGAN CITY COUNCIL MINUTES 00307 September 21, 1993 It was recommended that the final assessment roll for Project 609 (Cliff Road & Rahncliff Road - Streets & Utilities) be received and a public hearing scheduled to be held on October 19, 1993. 0. Project 641. Receive Final Assessment Roll/Schedule Public Hearing (Wenzel Addition - Streets & Utilities) It was recommended that the final assessment roll for Project 641 (Wenzel Addition - Streets & Utilities) be received and a public hearing scheduled to be held on October 19, 1993. R. Contract 93-C. Acknowledge Completion/Authorize City Maintenance (Park Center 3rd Addition - Storm Sewer) It was recommended that the completion of Contract 93-C (Park Center 3rd Addition - Storm Sewer) be acknowledged and perpetual City Maintenance authorized subject to appropriate warranty provisions. S. Vacate Public Right-of-Way. Receive Petition/Schedule Public Hearing (Birch Street & Trails End oa It was recommended that the petition to vacate public right-of-way (Birch Street & Trails End Road) be received and a public hearing scheduled to be held on October 19, 1993. Wachter moved, Hunter seconded, a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 FINAL ASSESSMENT REARING/DELINQUENT UTILITY BILLS Mayor Egan introduced this item as a final assessment hearing for delinquent utility bills. Lynn Hansch,1252 Carriage Hills Drive, stated that he would pay his assessment because he understood that all residents are subject to the storm drainage charge regardless of benefit. However, he complained about the lack of upkeep and maintenance on Carriage Hills Drive and asked that the City and County decide on a way to upgrade the street. Director of Public Works Colbert said the City was willing to make improvements to Carriage Hills Drive but any improvements would be paid by the residents. Mr. Hansch said they really didn't want the road upgraded, just maintained. Mr. Colbert responded, however, that as long as the road remains unimproved it will continue to wash out and waiting for a crew to grade it each time it washes out will remain an inconvenience. In answer to a question from Councilmember Hunter, City Administrator Hedges indicated that an administrative fee is added to each delinquent bill to cover the costs of collection. Wachter moved, Hunter seconded, a motion to close the public hearing and to approve the final assessment roll for delinquent utility bills and authorize its certification to the County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/OAK CLIFF 6TH ADDITION Mayor Egan introduced this item as a final assessment hearing for Project 627, Oak Cliff 6th Addition - Streets & Utilities. Director of Public Works Colbert explained the project and those properties to be assessed. Concerns expressed by the developer of the Oak Cliff Addition have been resolved, however, a representative of Dakota Electric Association was present to voice their objection to the assessment. 00308 Page 5/EAGAN CITY COUNCIL MINUTES September 21, 1993 Ed Brunkhorst of Dakota Electric Association stated that they had submitted a letter outlining their objections but basically, $46 a front foot for property with 181 feet of frontage is considerably more than they feel is appropriate. Councilmember Wachter made the observation that the final rates actually came in lower than the feasibility report estimates. After acknowledging the objection, Wachter moved, Awada seconded, a motion to close the public hearing and to approve the final assessment roll for Project 627, Oak Cliff 6th Addition - Streets & Utilities. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/LONE OAK ROAD & EAGANDALE BOULEVARD Mayor Egan introduced this item as a final assessment hearing for Project 631, Lone Oak Road & Eagandale Boulevard - Street & Signals. Director of Public Works Colbert explained the project and stated that comments had been received from two property owners. After researching their objections, the assessments for Parcel 010-27 in Section 10 and for the Eagandale LeMay Lake Apartment complex were found to be in error and subsequently reduced. Marcia Easton, 1360 Lone Oak Road, voiced her disagreement with the assessments to her property and submitted a formal letter of objection. No other persons came forward to object to their assessments. Awada moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll, as amended, for Project 631 (Lone Oak Road/Eagandale Boulevard - Streets, Utilities & Signals) and authorized its certification to Dakota County. Aye: 5 Nay: 0 VACATION/CAROL STREET Mayor Egan introduced this item as vacate the public right-of-way for Carol Street (S1/2 of Section 36). Director of Public Works Colbert explained that a petition had been received from Arcon Development requesting the vacation of the Carol Street public right-of-way. Because this vacation would result in the potential landlocking of Outlot B in the Doddview Addition, staff is recommending that the vacation be continued indefinitely and considered simultaneously with the Waterview Addition final plat. Scott Johnson, Arcon Development, added that after discussion with the residents, they also are requesting the issue be continued for further study. There was no one else in the audience who wished to address the issue. Awada moved, Masin seconded, a motion to continue the public hearing for the vacation of public right- of-way for Carol Street (S1/2, Section 36) to be considered with the final plat of the proposed Waterview Addition. Aye: 5 Nay: 0 PRELIMINARY PLAT EXTENSION/WILSON ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for the Wilson Addition, located along the west side of Blackhawk Road in the East 1/2 of Section 17. City Administrator Hedges explained that the preliminary plat for the Wilson Addition was approved in August of 1992, however, the final plat has not been completed. He said the property owner has requested an extension for one year. Two outstanding issues have been noted by staff, one is from the Finance Department regarding the financial obligation for storm sewer trunk in the amount of $7,376 and the other is from Public Works regarding the waiver of hearing/objection for the cost of improvements associated with the future upgrade of Blackhawk Road. 00303 Page 6/EAGAN CITY COUNCIL MINUTES September 21, 1993 Mary Ann Wilson, the property owner, indicated that she needs the extension in order to continue her attempt to obtain easements from the neighboring property owner. In addition, if Blackhawk Road is going to be upgraded, Ms. Wilson asked that it be done in the spring so she could have utilities installed also. Mayor Egan then asked the applicant her response to reinstating the requirement that she execute a waiver of hearing/objection to the cost of the future improvements of Blackhawk Road and the financial obligation for storm sewer trunk. Ms. Wilson offered no objection as long as the improvements are done in the spring of 1994. Director of Public Works Colbert said the feasibility report has not been prepared nor has the public hearing been held. He added that the upgrade of Blackhawk Road is scheduled for 1994 but the City cannot commit to the spring of 1994 as it could well be late summer or fall. Mr. Colbert advised Ms. Wilson that if she wished to add the installation of sewer and water to the road improvements, it could be accomplished upon her request and assessed to her property. When asked by Brad Swenson, representing Ms. Wilson, whether the project would definitely take place in 1994, Mr. Colbert said that it is intended for 1994 but until a public hearing is held, the schedule is not certain. Hunter moved, Wachter seconded, a motion to approve a preliminary plat extension for Wilson Addition with the seven conditions approved with the preliminary plat and with the reimplemention of Condition #8 and the addition of a condition regarding the financial obligation for storm sewer trunk as follows: 8. The development is required to execute a Waiver of Hearing/Objection to the cost of improvements associated with the future (1994) upgrade of Blackhawk Road. 9. The development is responsible for a financial obligation for storm sewer trunk in the amount of $7,376. Aye: 5 Nay: 0 PRELIMINARY PLAT/VARIANCES TOWN CENTRE 100 - 12TH ADDITION/MANN THEATERS Mayor Egan introduced this item as a preliminary plat for Town Centre 100 - 12th Addition/Mann Theaters Inc., consisting of approximately 6.7 previously-zoned CSC (Community Shopping Center) acres within the Eagan Heights Commercial Park Planned Development, conditional use permit for a pylon sign and a variance for parking requirements located along the south side of Yankee Doodle Road, east of Yankee Place in the NE 1/4 of Section 15. City Administrator Hedges opened with brief comments regarding the history of the item and Acting Director of Community Development Hohenstein explained the current proposal. For reference, the pylon sign application has been withdrawn and no further action is required. The three remaining issues to be resolved involved the parking ratio, pedestrian access, and wetland area. Mr. Gruepner, representing Mann Theaters, was the first to speak. Mr. Gruepner indicated that they had worked with staff in addressing the pedestrian crossings of Yankee Place both at Town Centre Drive and at the "middle" access to the theater parking lot and would be happy to modify their plan in accordance with staff recommendations. In addition, they would include a four-way stop when warrants indicate. Mr. Gruepner stated they have designed a path to run completely around the ponding area and are working with staff regarding vegetation, reforestation and less encroachment into the wetlands. In addition, Mann Theaters has reviewed the 27 conditions of plat and while there is minor disagreement on some of the issues, they can be worked out with staff. He also indicated there were variance issues to be addressed later. Martin Colon of Federal Land Company asked that Condition #24 be stricken because they would like to retain the option of requesting a variance to the parking setback on the residual of Outlot G. After discussion about whether it would be appropriate to strike the condition or allow the amendment to the PD agreement, further discussion was deferred until the larger question of the proposal was decided. Page 7/EAGAN CITY COUNCIL MINUTES 003V) September 21, 1993 A question was asked regarding the "bounce" to the pond as it relates to the trailway. Bob Vanney, the architect for the project, said they had worked with a civil engineer on the design and bounce and had identified the 25 year storm as the design standard. Mr. Vanney indicated they did not want the path underwater yearly but occasionally could deal with that possibility. He noted that even if a storm occurred putting the path underwater, it would not be underwater for any length of time. In answer to a question, Director of Public Works Colbert indicated that designing to this standard was not much different than other trailways throughout the City. He said they try to maintain a 2'-3' freeboard and unlike streets, trailways are not usually in use during weather of this type. There was some discussion regarding maintenance and it was noted the trailway would typically be privately maintained. The parking ratio was reviewed and cross-easements with nearby businesses discussed. Mr. Colon stated he had not approached Edina Realty about a cross-parking easement but doubted Edina Realty would have any interest in granting an easement when they had no incentive. When it was suggested that Federal Land pay to obtain such an easement, Mr. Colon indicated he would have to defer to Mann Theaters to take such action. He also questioned the legal ramifications of a parking lot easement which would restrict the property owner. Mr. Colon suggested that rather than attempt to obtain a cross-parking easement from Edina Realty that he increase the number of spaces from 40 to 70 in the easement with Town Centre Shoppes. In addition he said signage could be erected indicating "overflow theater parking" as well as signs directing pedestrians to the crosswalk areas. There were a number of concerns expressed that many of the 70 spaces in the Town Centre Shoppes were too far away to be used and the further they got from the theater, the less the likely they would be used. Mr. Gruepner agreed that convenience would dictate where people parked and many would park in the Edina Realty parking lot. If, later, Edina Realty decided to restrict parking in their lot, people would be compelled to use the Town Centre Shoppes spaces regardless of the distance. Mayor Egan asked the City Attorney if there would be any advantage to the theater's obtaining a cross-parking easement from Edina Realty that restricted the days and times of the parking. City Attorney Sheldon said the easement could be written any way the parties wanted but pointed out that the City would not be a party to the easement other than the terms could not be changed without the City's consent. Because of remaining questions about parking, Councilmember Wachter suggested that Federal Land agree not to build the second restaurant on the residual of Outlot G for one year to see how parking would work out. Mr. Colon would not agree. Mr. Colon then suggested that perhaps they could squeeze additional parking from the northern portion of the Outlot G and make the restaurants smaller--perhaps 10,500 sq.ft. combined--for the two restaurants. Mayor Egan said it was unlikely that the restaurant parking would benefit the theater parking because they would be competing uses with peak demands at similar times. Sharon Zauhar, representing Blue Cross/Blue Shield, expressed her company's concerns about liability for personal injury or property damage if persons park in their parking lot. She also addressed concerns about additional development causing flooding problems in the BC/BS parking lot as well as the aesthetics of the pond and trailway near the wetland area. Ms. Zauhar then asked whether granting variances to Federal Land/Mann Theaters that have been denied to other developers would open the City to lawsuits. She indicated that Blue Cross/Blue Shield was not interested in seeing their tax dollars used to defend the City. Mayor Egan referred to the minutes of the September 7, 1993, regular City Council meeting and pointed to the number of variances granted to the developer of the Kings Wood Addition. He also added that variances are requested and granted all the time. Mr. Colon noted that Blue Cross/Blue Shield's concerns about liability obviously did not extend to the pathway because it is the BC/BS pathway that the Mann Theaters is proposing to continue around the wetland area. Mr. Colon added that he did not see the problem because the BC/BS entrance is so remote it is unlikely to be used by theater goers. Councilmember Awada stated that the site is too small and she did not accept the figure of 50% when referring to the theater occupancy when at the last meeting, the figure was 70%. The Councilmember further stated that the proof of parking is too far away and won't be used; she said approving the project would create a major safety issue. Councilmember Wachter reiterated his recommendation that Federal Land delay the second restaurant and added, that as things presently stood, he would not vote to approve a second restaurant on that site. Page 8/EAGAN CITY COUNCIL MINUTES 00311 September 21, 1993 At this point, Mr. Colon said that while he still wants two restaurants on the northern portion of Outlot G, he was willing to delay application for the second restaurant for one year thereby allowing the parking situation to be evaluated. It was agreed that the one year would commence from the opening of the theater. In addition, if it is proven after one year that there is a parking problem, Mr. Colon agreed to convert theater parking from the restaurant property. Pat Boland, owner of Apple's Restaurant and a supporter of the theater, submitted a petition in support of building a theater in Eagan. After brief additional discussion, Egan moved, Hunter seconded, a motion to approve the preliminary plat for Town Centre 100 - 12th Addition/Mann Theaters consisting of approximately 6.7 previously zoned CSC (Community Shopping Center) acres within the Eagan Heights Commercial Planned Development and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al,B1,B2,B3,B4,C1,C2,C4,D1,El,F1,G1andH1 2. The landscape plan shall be submitted on a grading plan at Final Plat application. 3. All landscaped and green areas shall be irrigated. 4. Rooftop mechanical equipment shall be screened so as not to be visible from any property line. 5. 9 x 20 foot parking stalls shall be permitted for theater parking. 6. This development shall provide an additional 0.8 acre feet of wet pond volume in Pond DP-20 in order to meet the water quality treatment obligations of this 6.6 acre parcel. 7. The development shall provide a park like amenity including a continuation of the Blue Cross/Blue Shield trail adjacent to Pond DP-20. 8. Where the installation of the trail results in encroachment of the 902 foot contour into the pond, slopes shall be flattened to no more 5:1, stabilized and revegetated or multiple short retaining walls shall be installed. 9. Areas between the trail and Pond DP-20 shall be seeded with a wet prairie mix and the mow line between the trail and the pond shall be minimized to the greatest extent possible. 10. Existing vegetation adjacent to Pond DP-20 shall be preserved to the maximum extent possible by methods outlined in the City's Tree Preservation Policy. 11. Reforestation adjacent to Pond DP-20 shall incorporate native, lowland vegetation and trees to be visually compatible with the natural vegetation around the undisturbed portions of the pond. 12. A wetland replacement plan shall be submitted to and approved by staff prior to final plat approval which provides for 1:1 acreage replacement. 13. A sidewalk is to be incorporated along the west and south side of the site. 14. The development will be responsible for maintaining a minimum of 8.0 acre feet of pond storage volume between the NWL and the HWL in Pond DP-20. Page 9/EAGAN CITY COUNCIL MINUTES September 21, 1993 15. The grading plan for this development shall include emergency overland outlets to Pond DP-20 no higher than 15" above the low points on Town Centre Drive. 16. A storm sewer stub shall be provided to serve the 2.0 acre residual undeveloped property to the north. 17. The utility plan shall include a minimum 8" sanitary sewer and 6" watermain stub to the residual undeveloped property to the north. 18. The existing 36" storm sewer outfall from Town Centre Drive to Pond DP-20 shall be realigned and connected to the parking lot low point outlet approximately 125' west of the east property line. 19. No landscaping shall be installed in the boulevard or setback area of Town Centre Drive from the south entrance drive southeasterly to a point in line with the east building line of the movie theater. 20. A Maintenance Agreement shall be prepared and recorded against the property addressing the all- season maintenance requirements of the sidewalks feeding the pedestrian crosswalks and retaining walls adjacent to Pond DP-20 with a foundation elevation less than 904.0. 21. Pedestrian crosswalks with required identification and advance warning signs shall be installed as directed by the City. 22. Additional sidewalks to the Town Centre Shoppes and along the west side of Yankee Place from Town Centre Drive to Yankee Doodle Road shall be installed with this development. 23. An additional 15' of public right-of-way shall be conveyed along Yankee Doodle Road with this plat or the Planned Development Agreement shall be amended to provide for future dedication with subsequent platting. 24. The Planned Development Agreement shall be amended to prohibit setback variances for the future development of the residual of Outlot G. 25. A restricted access easement shall be conveyed adjacent to Yankee Place from Town Centre Drive to Yankee Doodle Road. 26. An internal access easement shall be dedicated from the Town Centre Drive/Yankee Place intersection to the residual outlot (future restaurant site). 27. A cross parking easement for 70 stalls at Town Centre Shoppes which includes the City as a third party for off-site parking shall be approved by the City Attorney prior to final plat. Signs designating the site as overflow parking for the theater shall be erected prior to the theater opening. 28. The designated proof of parking of 58 stalls located southeast of the theater site shall be conveyed to the applicant and incorporated within the plat prior to final plat. 29. A maximum of one restaurant may be considered on the eastern side of the unplatted portion of Outlot G and a proof of parking of 55 stalls for the theater shall be designated on the western side of that parcel for a minimum of one year from the date of the theater opening. Criteria shall be established by the City to determine the activation of the proof of parking. A contingent agreement to convey the parking to the applicant between the owner and the applicant which includes the City as a third party shall be approved by the City Attorney prior to final plat. Aye: 4 Nay: 1 (Awada) Page 10/EAGAN CITY COUNCIL MINUTES 0031_3 September 21, 1993 Egan moved, Hunter seconded, a motion to approve a variance of one foot to the 10 foot parking stall width standard for the theater use only, property located along the south side of Yankee Doodle Road, east of Yankee Place in the northeast quarter of Section 15 as presented. Aye: 4 Nay: 1 (Awada) Hunter moved, Wachter seconded, a motion to approve a variance of 183 stalls to the City Code requirement of one stall per three seats for a movie theater, for property located along the south side of Yankee Doodle Road, east of Yankee Place in the northeast quarter of Section 15 as presented. Aye: 4 Nay: 1 (Awada) Note: To avoid any ambiguity, the City Council clarified that discussion regarding the proof of parking for the restaurant section of Outlot G refers to the western portion of that property. N1a'E?~~~lSI1~;S DRIVE AISLE SETBACK VARIANCE/NORWEST 1ST ADDITION Mayor Egan introduced this item as a variance for Douglas P. Watschke, of 5' to the 5' parking and drive aisle setback requirement on Lot 1, Block 1, Norwest 1st Addition, located in the SW1/4 of Section 10. Acting Director of Community Development Hohenstein explained the application and its location. In closing, he stated that the applicant believes the hardship is the need for a new bypass lane once the ATM machine is moved to what was once the bypass lane. Mr. Hohenstein also suggested the exploration of moving the proposed ATM machine to another location thus allowing the current drive-up area to remain as it is. Douglas Watschke of Ackerberg & Associates explained the proposal. He provided a history of the parcel and its access. Because access is restricted and traffic into and out of the bank property has a circular traffic pattern, the loss of the bypass lane would be critical. Mr. Watschke indicated that the owner of the neighboring property, Gene Happe, had concerns regarding the snow removal and landscaping but stated that the bank was willing to relocate the trees but did not see the lack of snow storage area as their problem. Because of the zero lot line, he stated they would need a right of entry easement with Mr. Happe in order to perform this work. In closing, Mr. Watschke stated that because the drive-up banking aisles rely on pneumatic tubes for receiving deposits and withdrawals and dispensing cash, receipts, etc., it would be a large expense to place the ATM machine at a different location. In addition, placing the ATM at a different location may cause traffic conflicts. After brief discussion, Wachter moved, Awada seconded, a motion to approve a variance of 5' to the 5' drive aisle setback for Douglas Watschke for Lot 1, Block 1, Norwest 1st Addition. Before the motion was called, Gene Happe, the adjacent property owner, stated that the zero lot line left his company with a dilemma as to how to meet the landscaping requirements of their plat as well as how to deal with the storage of snow. Mr. Happe stated that if the variance was approved, it would bring cars very close to the trees to be planted on his company's property as well as prompting safety concerns, especially in winter. Mr. Happe asked that this item be continued to the next meeting to allow him to work with the Advisory Planning Commission regarding the landscaping. Mr. Happe said he was also attempting to purchase additional property which could allow him to eliminate the parking spaces along the bank's property line and alleviate both problems of landscaping and snow storage. Councilmembers Wachter and Awada agreed to permit these difficulties to be worked out and withdrew the original motion. Wachter moved, Awada seconded, a motion to continue to the October 5, 1993, regular City Council meeting consideration of a variance of 5' to the 5' drive aisle setback for Douglas Watschke for Lot 1, Block 1, Norwest 1st Addition. Walter Johnson, of Norwest Bank, objected to this action saying it made their project dependent upon Mr. Happe's project. Mr. Johnson said that Mr. Happe's parking was not their issue nor were the landscaping Page 11/EAGAN CITY COUNCIL MINUTES 00314 September 21, 1993 Councilmember Awada pointed out that the reason the City has setbacks is to avoid encroachment onto a neighbor's property. In addition, if a variance to that policy is requested and the neighbor objects, she said the variance is generally denied. Mr. Johnson continued to insist the problems were Mr. Happe's not Norwest's. Mayor Egan reminded Mr. Johnson that Condition #1 requires a temporary construction right-of-entry easement from EPP Properties and Mr. Happe had already indicated he was not willing to grant that easement. Therefore, it was pointed out that Norwest was already unable to meet the first condition of the variance. A motion to deny was discussed briefly, however, the motion to continue was called. Aye: 5 Nay: 0 PUBLIC RIGHT-OF-WAY SETBACK VARIANCE/WESLEY CONSTRUCTION HIDDEN VALLEY ADDITION Mayor Egan introduced this item as a variance for Wesley Construction, of 15' to the required 50' building setback from Pilot Knob Road, for Lot 1, Block 1, Hidden Valley, located in the NW1/4 of Section 22. Acting Director of Community Development Hohenstein explained the application and its location. Bob Messerich, Wesley Homes, advised the Council that a home of this size and in this price range would be virtually impossible on this lot without the variance. In addition, the requested variance to the 50' setback would place the home in conformance with the other homes on the block. Councilmember Awada indicated she had talked to one of the neighbors and they are in favor of the variance because the home would be built in the same price range as the existing homes. Hunter moved, Awada seconded, a motion to approve a variance for Wesley Construction of 15' to the required SO' building setback from the public right-of-way of Pilot Knob Road for Lot 1, Block 1, Hidden Valley Addition, as presented and subject to the following condition: S 1. All applicable Code requirements must be met. Aye: 5 Nay: 0 SPECIAL USE PERMIT/CHRISTMAS TREE SALES KNOB HILL PROFESSIONAL PARK Mayor Egan introduced this item as a special use permit for Bill Brabec, to allow Christmas tree sales on Lot 3, Block 2, Knob Hill Professional Park, located in the SE1/4 of Section 21. A question was asked regarding the different expiration dates for the Christmas tree special use permits and it was noted they are the expiration dates requested by the applicants. Wachter moved, Awada seconded, a motion to approve a special use permit for Bill Brabec to allow Christmas tree sales on Lot 3, Block 2, Knob Hill Professional Park, as presented and subject to the following conditions: 1. This permit is temporary and shall expire after December 25, 1993. 2. All signage will require a sign permit and be subject to the one-time sign fee of •$1.25/sq.ft. 3. The permit shall be subject to all applicable code requirements. Aye: 5 Nay: 0 Page 12/EAGAN CITY COUNCIL MINUTES September 21, 1993 SPECIAL USE PERMIT/CHRISTMAS TREE SALES THOMAS LAKE CENTER Mayor Egan introduced this item as a special use permit for James Bartizal, to allow Christmas tree sales on Lot 3, Block 1, Thomas Lake Center, located in the SW1/4 of Section 28. Awada moved, Hunter seconded, a motion to approve a special use permit for James Bartizal to allow Christmas tree sales on Lot 3, Block 1, Thomas Lake Center, as presented and subject to the following conditions: 1. This permit is temporary and shall expire after December 25, 1993. 2. All signage will require a sign permit and be subject to the one-time sign fee of •$1.25/sq.ft. 3. The permit shall be subject to all applicable code requirements. Aye: 5 Nay: 0 SPECIAL USE PERMIT/CHRISTMAS TREE SALES TOWN CENTRE 70 - 2ND ADDITION Mayor Egan introduced this item as a special use permit for Troop #510, to allow Christmas tree sales on Lot 1, Block 1, Town Centre 70 - 2nd Addition, located in the NW1/4 of Section 15. Wachter moved, Masin seconded, a motion to approve a special use permit for Troop #510 to allow Christmas tree sales on Lot 1, Block 1, Town centre 70 - 2nd Addition, as presented and subject to the following conditions: 1. This permit is temporary and shall expire January 1, 1994. 2. All signage will require a sign permit and be subject to the one-time sign fee of '$1.25/sq.ft. 3. The permit shall be subject to all applicable code requirements. Aye: 5 Nay: 0 SPECIAL USE PERMIT/CHRISTMAS TREE SALES PARK CENTER ADDITION Mayor Egan introduced this item as a special use permit for Troop #345, to allow Christmas tree sales on Outlot D, Park Center Addition, located in the SW1/4 of Section 30. Awada moved, Masin seconded, a motion to approve a special use permit for Troop #345, to allow Christmas tree sales on Outlot D, Park Center Addition, located in the $W1/4 of Section 30 and subject to the following conditions: 1. This permit is temporary and shall expire January 1, 1994. 2. All signage will require a sign permit and be subject to the one-time sign fee of 0$1.25/sq.ft. 3. The permit shall be subject to all applicable code requirements. Aye: 5 Nay: 0 Page 13/EAGAN CITY COUNCIL MINUTES 0031 6 September 21, 1993 'CHRISTMAS TREE SALES One of the Troop leaders asked whether the sign permit fee had to be paid if they used the same sign as last year. Rather than try to determine whether the signs are different each year, it was the consensus of the City Council that because the signs do not usually change from year to year and because it is a temporary sign, the one-time sign permit fee for Christmas tree sales would be reduced to one-half the normal fee, or $1.25 per square foot. The reduced fee applies to all four of the preceding special use permits. PLANNED DEVELOPMENT AMENDMENT/RAHNCLIFF ADDITION HOLIDAY INN EXPRESS Mayor Egan introduced this item as a planned development amendment for New Ulm Enterprises, changing the use from an office or medical clinic to a motel on Lot 2, Block 2, Rahncliff 3rd Addition, within the Rahncliff Planned Development located along the east side of Rahncliff Court in the NW1/4 of Section 32. Acting Director of Community Development Hohenstein explained the application and its location. Mr. Hohenstein indicated that the proposed development meets all Code setbacks and exceeds all parking requirements. He said no pylon sign was proposed. Approval of the application would be subject to all conditions including a condition requiring that all exterior sides of the building shall consist of 80% brick compatible in size and color to that used by the adjacent strip mall and Bakers Square. Emmett Erpelding, representing New Ulm Enterprises, described the proposal. While he said there was little disagreement with the other conditions, Mr. Erpelding stated that the 80% brick would lend to an institutionalized appearance. He cited the much more physically attractive Eden Prairie and Richfield hotels with their stucco exteriors. In closing, he noted that the City Code does not require brick. Concerns were expressed that a white building would stand out rather than blend in with neighboring commercial property. Mr. Erpelding said that while they would like to stand out, they "could live with" beige or tan stucco. He added that accent colors would be used on the pillars which is also where they had planned to use brick accents. After discussion, Mr. Erpelding and his associate, Jerry Danheim, agreed to modifying Condition #9 to reference 25%-40% brick. Mayor Egan added that he believed staff and the applicant could come up with a color and exterior treatment that was both suitable and compatible. Mayor Egan stated he would be more concerned if this project were coming in on a shoestring. The Holiday Inn budget is $1 million over that which had been planned for the previously proposed Super 8 and while that proposal was opposed by its commercial neighbors, they are in support of the Holiday Inn Express proposal. Wachter moved, Masin seconded, a motion to approve a planned development amendment for New Ulm Enterprises, changing the use from an office or medical clinic to a hotel on Lot 2, Block 2, Rahncliff 3rd Addition, within the Rahncliff Planned Development located along the east side of Rahncliff Planned Development located along the east side of Rahncliff Court in the NW 1/4 of Section 32, subject to the following conditions (including modifications to Condition #9): 1. All signage shall conform to the Planned Development Agreement and Code requirements. 2. If a pylon sign is proposed, an amendment to the Planned Development Agreement shall be required. 3. The parking lot shall allow cross parking ingress/egress movements. Easements shall be provided to the City prior to the Planned Development Agreement ratification by the City Council. 4. The Planned Development overall landscaping plan shall be followed. All green areas shall be irrigated. 5. A trash recycling area shall be contained in the building. 6. Rooftop mechanical equipment shall not be visible from adjacent roads or I-35E. 001? Page 14/EAGAN CITY COUNCIL MINUTES September 21, 1993 7. The developer will be responsible for submitting a detailed grading, drainage and erosion control plan, a utility layout plan, and a site plan with the building permit application. 8. The westerly driveway opening onto Rahncliff Court shall be shifted to the west property line to allow for a shared driveway access. 9. All exterior sides of the building shall consist of stucco and 80% 259'0-40% brick compatible in size and color to that used by the strip mall and Bakers Square. Director of Public Works Colbert noted that this is a concept layout and it is possible variances may be required to provide for drive aisles. Aye: 5 Nay: 0 PRELIMINARY PLAT/UNITED STATIONERS ADDITION R L JOHNSON COMPANY Mayor Egan introduced this item as a preliminary plat for United Stationers Addition/R L Johnson Company, consisting of one lot on approximately 12.4 LI (Light Industrial) acres located along the south side of Alexander Road, west of Highway 13 in the NE1/4 of Section 8. Acting Director of Community Development Hohenstein reviewed the application and its location. Mr. Hohenstein explained that the proposed replat is to accommodate future expansion; however, there are no development plans at this time. The question was asked regarding Condition #5 and whether that process is necessary or whether the same can be accomplished through the building permit process. The Council agreed that the detailed grading, drainage and erosion control plans, utility layout plans and site plans would be submitted for their review at the time of any building expansion. Hunter moved, Wachter seconded, a motion to approve a preliminary plat for United Stationers Addition/R.L. Johnson Company, consisting of one lot on approximately 12.4 LI (Light Industrial) acres located at 1720 Alexander Road as presented and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, DI, El, F1, G1, and H1 2. The garage on site shall be removed and the shed located along Alexander Road shall be relocated prior to final plat approval. 3. The final plat shall dedicate 60' of right-of-way centered over existing Alexander Road and Meadowview Road. 4. The final plat shall provide a drainage and utility easement for a future storm sewer line that will divert the flow from the existing 48" line along the north edge of this site to Pond CP-8. 5. Detailed grading, drainage and erosion control plans, utility layout plans, and site plans shall be submitted for further review by City staff and City Council before any building expansion can occur on this site. 6. The drainage from the proposed development is required to be directed to Pond CP-8. 7. The development is required to upgrade the existing parking lot to current City Code requirements. 8. Meadowview Road is required to be upgraded in accordance with City Code requirements. 9. Since the property has already been platted, there is no park dedication requirement. Page 15/EAGAN CITY COUNCIL MINUTES 00318 September 21, 1993 10. There is no trails dedication requirement with this plat. 11. A cash water quality dedication for the site will be required and will be based on the difference in impervious coverage of the site between existing and future conditions. 12. The developer must demonstrate compliance with the Wetland Conservation Act prior to preliminary plat approval. This will include hiring a qualified wetlands consultant to determine the status of the possible wetland to the southwest of the existing building. 13. An easement across the developer's property sufficient to allow re-routing of the storm sewer along Alexander Road to Pond CP-8 should be required as a condition of plat. 14. Future expansion plans for United Stationers are to be reviewed and required to meet Tree Preservation Guidelines. Aye: 5 Nay: 0 PRELIMINARY PLAT/TOWN CENTRE 100 - 13TH ADDITION EAGAN HEIGHTS COMMERCIAL PARK Mayor Egan introduced this item as a preliminary plat for Town Centre 100 - 13th Addition/Eagan Heights Commercial Park, consisting of one lot and two outlots for future development, located along the west side of O'Leary Lane, north of Town Centre Drive in the NE1/4 of Section 15. City Administrator Hedges expressed concerns that the property is being platted without a specific use. Acting Director of Community Development Hohenstein reviewed the application and its location. Bruce Miller, representing Federal Land Company, indicated they have three concerns and: 1) asked the elimination of Condition #4 as they already have an existing 30' easement through the Valvoline property, 2) asked that the Water Quality fee be recalculated with actual development and the payment of the fee be deferred to actual development, and 3) asked that Condition #6 be deferred to the development of Lot 1; they plan to use the existing 30' easement. In answer to a question, Mr. Miller said the property was being platted to accommodate a change in ownership. A number of concerns were expressed regarding utilities to the property and the placement of those utilities to provide adequate service with a minimum of disruption or potential disruption to the existing business, Valvoline. Because no users have been identified, Director of Public Works Colbert suggested that platting may be premature and explained that it is the platting of the property into lots that has prompted the requirement for access to sewer, water and adequate drainage. It was recommended that the property be platted as an outlot. City Attorney Sheldon stated that with no change in the size of the property, location or layout, platting as an outlot should not present any problems. Wachter moved, Hunter seconded, a motion to approve a preliminary plat for Town Centre 100 -13th Addition/Eagan Heights Commercial park consisting of three outlots, located along the west side of O'Leary Lane, north of Town Centre Drive as presented and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, Bl, B3, Cl, C2, Dl, El, Fl, G1, and H1 2. Development of Lot 1, Block 1, Town Centre 100 Thirteenth Addition will require site plan review by City staff and the Advisory Planning Commission and the City Council prior to issuance of a building permit. 3. The final plat shall dedicate a 30' drainage and utility easement along the west property line of Outlot B for the deep 12" sanitary sewer line. Page 16/EAGAN CITY COUNCIL MINUTES 003.13 September 21, 1993 4. The final plat shall dedicate a 20' drainage and utility easement along the north property line of Outlot A for the proposed water service extension to Lot 1 or provide proof of a utility easement to the City's satisfaction prior to final plat approval. 5. Detailed grading, drainage and erosion control plans, utility layout plans, and site plans shall be submitted for further review by City staff, Advisory Planning Commission, and City Council before any building expansion can occur on this site. 6. Provide proof of access to Lot 1 to the City Attorney's office prior to final plat approval. 7. Provide concept plan of the Town Centre area for review before any additional construction occurs. 8. Parks dedication has been fulfilled with the PUD, therefore, no parks dedication is required. 9. No trails dedication is required with this plat; however, Outlot B, which abuts Town Centre Drive will be required to install a trail at the time of development. 10. The development shall be subject to a water quality cash dedication based on the area of Lot 1, Block 1, only. 11. There are no wetland issues associated with this parcel. 12. This development shall not be required to submit a Tree Preservation Plan. Aye: 5 Nay: 0 FIRE DEPARTMENT/SALE OF GRASS RIG TRUCK Mayor Egan introduced this item as the Fire Department's sale of a grass rig truck. Wachter moved, Awada seconded, a motion to accept the high bid of $2,600 and authorize the sale of the 1970 Ford F250 to Daniel Deike. RECRUITMENT OF CSO'S Mayor Egan introduced this item as policy and procedure for the recruitment of Community Service Officers. City Administrator Hedges will check the possibility of one of the City's service organizations funding a scholarship for this program. Wachter moved, Hunter seconded, a motion to approve the proposed policy and procedure regarding the recruitment of Community Service Officers as presented. Aye: 5 Nay: 0 VACATE EASEMENTS/LAKEVIEW TRAIL ADDITION Mayor Egan introduced this item as vacate drainage and utility easements, receive petition/schedule public hearing for Lots 23 and 24, Block 1, Lakeview Trail Addition. Awada moved, Hunter seconded, a motion to receive the petition to vacate drainage and utility easements for Lots 23 and 24, Block 1, Lakeview Trail Addition, and schedule a public hearing to be held on October 19, 1993. Aye: 5 Nay: 0 Page 17/EAGAN CITY COUNCIL MINUTES 003111 September 21, 1993 VACATE EASEMENTS/RAHNCLIFF 2ND ADDITION Director of Public Works Colbert indicated that a petition had been received to vacate drainage and utility easements to accommodate the new Holiday Inn Express. Mr. Colbert indicated that all paperwork was in order and recommended that a public hearing be scheduled for October 19. Hunter moved, Wachter seconded, a motion to receive the petition to vacate drainage and utility easements for Lot 2, Block 2, Rahncliff 2nd Addition, and schedule a public hearing to be held on October 19, 1993. Aye: 5 Nay: 0 Wachter moved, Egan seconded, a motion to approve the checklist dated September 17, 1993, in the amount of $1,191,558.77. Aye: 5 Nay: 0 ADJOURNMENT/EXECUTIVE SESSION The regular meeting of the Eagan City Council was adjourned to executive session for the purposes of discussing pending litigation at 11:45 p.m. Those in attendance were: Mayor Egan, Councilmembers Awada, Hunter, Masin, and Wachter, City Administrator Hedges, City Attorney Sheldon and special legal counsel, Cliff Greene. The executive session adjourned at approximately 12:40 a.m. on September 22. KF CITY OF EAGAN E. VanOverbeke Citylerk 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).