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02/16/1993 - City Council Regular sR:*~~c . MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 16, 1993 A regular meeting of the Eagan City Council was held on Tuesday, February 16, 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. ING With the exception of a request to briefly discuss information regarding Apothecary Industries at the end of the meeting, there were no changes to the agenda. Awada moved, Hunter seconded, a motion to approve the agenda for the February 16, 1993, regular City Council meeting. Aye: 5 Nay: 0 The following changes were made to the minutes of the February 2, 1993, regular City Council minutes: Councilmember Hunter asked that the following sentence be added to the discussion of the exchange of services between the YMCA and the City: Page 3, after Paragraph 6, "He further suggested that fees be paid now with the City possibly leasing services from the YMCA in the future." Mayor Egan asked that discussion regarding the landscape ordinance be added to the minutes. The item was replaced with the following: "Mayor Egan introduced this item as a landscape ordinance for the City of Eagan, amendment to Chapter 11 of the City Code pertaining to landscape regulations. He stated that the landscape ordinance is important public policy that has undergone review by City staff and the City Council for some time. He further stated that the ordinance would enhance and insure reforestation and protect the City's environmental goals. City Councilmember Hunter asked whether the City Council could deny a plat if it did not comply with the scope of tree preservation guidelines. City Attorney Sheldon noted that any requirements have to have a reasonable relationship to the development of the property and cannot be unreasonable, arbitrary or capricious. The Councilmember said he just wanted to be certain that the City could require that developments replace trees with trees of equal value. The City Attorney added that as long as a requirement to replace the trees is reasonable and is applied fairly and consistently, the Council could have that authority. Acting Director of Community Development Hohenstein stated that draft tree preservation guidelines would be forthcoming in March for City Council review and consideration. City Councilmember Wachter expressed his appreciation for the ordinance stating that he has been a long-time advocate of this type of policy. Wachter moved, Hunter seconded, a motion to approve an ordinance amendment to Chapter 11 of the Eagan City Code pertaining to landscape regulations. Aye: 5 Nay: 0" Director of Public Works Colbert also noted that Exhibit B, included with the minutes, displayed the wrong plan for the cul-de-sac layout for the Dart property. The exhibit included was Plan B but the appropriate exhibit should have been Alternate #3B. C .04:s Page 2/EAGAN CITY COUNCIL MINUTES February 16, 1993 Hunter moved, Wachter seconded, a motion to approve the minutes of the February 2, 1993, regular City Council meeting as amended. Aye: 5 Nay: 0 Girl Scouts Allison Gilmore, Courtney Cook, Susan Casey, Camara Simpson, and Abby White made presentations before the City Council regarding their Girl Scout Troops' efforts to draw attention to teenaged smoking and the upcoming anti-smoking campaign. Eagan businessmen, Al Baker and John Tapper, were acknowledged for their support in this campaign. After the presentations, the Girl Scouts sang a "rap" song which highlighted their message to the listening audience. Hunter moved, Wachter seconded, a motion formally approving the City of Eagan's support for the Girl Scout anti-smoking campaign. Aye: 5 Nay: 0 PARKS & RECREATION DEPARTMENT/SCOPE OF SERVICES PARKS SYSTEM PLAN Mayor Egan introduced this item as approval of the scope of services for the Parks System Plan. Director of Parks and Recreation Vraa described the history of the proposed scope of services for the Eagan Parks and Recreation Systems Plan. Questions were asked regarding "listening sessions" and whether the Advisory Parks, Recreation and Natural Resources Commission had recommended any changes. Director of Parks & Recreation Vraa said that changes had been made in previous drafts of the policy; however, there were no additional changes in the final draft. Wachter moved, Masin seconded, a motion to approve the proposed Scope of Services and its distribution to consultant firms as a part of the RFP process for the Eagan Parks and Recreation Systems Plan. Aye: 5 Nay: 0 A. Personnel Items Item 1. Resignation/Assistant Utility Billing Clerk--It was recommended that the letter of resignation from Jeanne M. Powers, Assistant Utility Billing Clerk, be accepted and the advertising and filling of the position authorized. B. Final Plat. Town Centre 70 - Thirteenth Addition (McDonald's) It was recommended that the final plat for Town Centre 70 - Thirteenth Addition be continued indefinitely. C. Final Payment. ECI.Council Chambers Remodeling It was recommended that the final payment be approved in the amount of $1,201 to ECI for City Council Chambers remodeling as presented. Page 3/EAGAN CITY COUNCIL MINUTES February 16, 1993 D. Final Payment. Todd Communications - Council Chambers Video Improvements It was recommended that the final payment be approved for Todd Communications for the Council Chambers video improvements in the amount of $50,374 as presented. E. Project 641. Receive Report/Order Public Hearing (Wenzel Addition - Streets & Utilities) It was recommended that the feasibility report for Project 641 (Wenzel Addition - Streets & Utilities) be received and a public hearing scheduled to be held on March 16, 1993. F. Authorize Transportation Study (93-RAS-22. Yankee Doodle/Pilot Knob Ring Road It was recommended that the preparation of a transportation study 93-RAS-22 (Yankee Doodle/Pilot Knob Ring Road be authorized. G. Project 90-P. Acknowledge Completion/Authorize City Maintenance (Fina Serve - Utilities) It was recommended that the completion of Project 90-P (Fina Serve - Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. H. License. Pet Shop. Wet World. 3390 Coachman Road #206 It was recommended that a pet shop license be approved for Wet World. 1. Final Plat. Poppler Addition It was recommended that the final plat for the Poppler Addition be continued indefinitely. J. Licenses. Plumbers It was recommended that the plumbers licenses be approved as presented in Exhibit A. Awada moved, Wachter seconded, a motion to approve the Consent Agenda noting the continuance of both final plats. Aye: 5 Nay: 0 VACATION/SIBLEY TERMINAL INDUSTRIAL PARK Mayor Egan introduced this item as vacate public utility easement (Lots 8, Sibley Terminal Industrial Park. Director of Public Works Colbert stated that Best Brands had agreed to accept financial responsibility for the relocation of the storm sewer system and no objections had been received from the utility companies. Wachter moved, Awada seconded, a motion to close the public hearing and approve the vacation of a drainage and utility easement as described over Lot 8, Sibley Terminal Industrial Park, subject to a replacement easement being dedicated and filed with the plat of the Best Brands Addition and the affected storm sewer system being relocated at no cost to the City. Aye: 5 Nay: 0 C. ' 41 y Page 4/EAGAN CITY COUNCIL MINUTES February 16, 1993 APRNRC RESTRUCTURING Mayor Egan introduced this item as Item 1, Council consideration to restructure the Advisory Parks, Recreation and Natural Resources Commission. City Administrator Hedges explained the reasoning behind the study of the APRNRC and its possible restructuring, including the recommendations of the existing Commission. He said the existing Commission had recommended that the Commission be expanded to eight members with an alternate and that a five member subcommittee be appointed to serve as needed on additional issues. Citing continuity, Councilmember Wachter expressed his preference for expanding the existing Commission to 10 full members with an alternate rather than a smaller commission with a five-member subcommittee. There was general support for the expanded commission and because of the increased size, the suggestion was made to consider two alternate positions. After discussion, it was agreed that one alternate would be sufficient. Wachter moved, Masin seconded, a motion to approve the expansion of the Advisory Parks, Recreation, and Natural Resources Commission to ten members and one alternate. Aye: 5 Nay. 0 APRNRC APPOINTMENTS Mayor Egan introduced this item as Item 2, appointments to the Advisory Parks, Recreation, and Natural Resources Commission. After brief discussion, Hunter moved, Wachter seconded, a motion to continue appointments for the Advisory Parks, Recreation, and Natural Resources Commission to the March 2, 1993, regular City Council meeting. Aye: 5 Nay: 0 SCHOOL BOARD USE OF CITY COUNCIL CHAMBERS Mayor Egan introduced this item as a request from School District #196 to use the City Council Chambers for School Board meetings. City Administrator Hedges explained the request and noted that the School Board would alternate between the Council Chambers in Apple Valley and Eagan. He stated that if the City Council concurred with the use of the Chambers, that staff be directed to prepare a joint powers agreement regarding the liability, maintenance, lock up, etc. The Council agreed that the School Board's cablecasting of meetings would be an excellent way to improve communications with the community. No representative of the School Board was present. Awada moved, Hunter seconded, a motion to approve the request from School District #196 to use the Eagan City Council Chambers for School Board meetings with the understanding that the City of Apple Valley will also host School Board meetings on a rotating basis. Aye: 5 Nay: 0 HEIGHT VARIANCE/BEST BRANDS, INC. Mayor Egan introduced this item as a variance for Best Brands, Inc., of 12' to allow a 52' structure in a 1-1 Zoning District, located at 1765 Yankee Doodle, Lots 9 & 10, Block 2, Sibley Terminal Industrial Park Road in the SE 1/4 of Section 8. Acting Director of Community Development Hohenstein stated that because they have located a smaller capacity tank that will meet the height requirements, the applicants have withdrawn C ` dO Page 5/EAGAN CITY COUNCIL MINUTES February 16, 1993 their application. Mayor Egan expressed his disappointment that Best Brands did not bring their request before the City Council before making that decision. Masin moved, Egan seconded, a motion acknowledging withdrawal of a variance application for Best Brands, Inc., 1765 Yankee Doodle, Lots 9 & 10, Block 2, Sibley Terminal Industrial Park Road in the SE 1/4 of Section 8. Aye: 5 Nay: 0 DRAINAGE & UTILITY EASEMENT VARIANCE PARK CENTER ADDITION Mayor Egan introduced this item as a variance for Martin F. Colon, to waive the 10' drainage and utility easement along the southerly boundary line of Outlot E, Park Center Addition in the SE 1/4 of Section 30. Acting Director of Community Development Hohenstein described the application and its location. He stated the reason for the variance is Dakota County's right-of-way requirements which have been expanded since the time of the execution of the Park Center development contract. He further stated that the applicant's perceived hardship relates to pre-existing agreements and mortgage agreements thereon, which assumed County standards different from those existing today. In answer to a question, Director of Public Works Colbert stated that if the City does not acquire a 10' drainage easement along the southern boundary of Outlot E, a permit will have to be obtained from Dakota County to place the utilities within their right-of-way. He said while he did not know whether it would be approved, the request was not unusual. Mayor Egan asked whether the City was obligated to provide easements for other utilities. City Attorney Sheldon advised that the City was under no obligation to provide easements for utilities but must allow utility companies to use any easements the City has already obtained. Charles Bartholdi, representing Martin Colon, stated that when Park Center was platted, an agreement had been reached whereby Federal Land gave Dakota County. a Highway Easement Deed in lieu of dedicating additional right-of-way. He said this allowed Federal Land to locate the City's required 10 foot drainage and utility easement within the highway easement area rather than north of it. Mr. Bartholdi explained that when they contracted with Taco Belle, they had told them the utility easement could be within the right-of-way; however, acquisition of an additional 15' of half right-of-way may jeopardize this sale. He added that with electrical poles on the 80' line of right-of-way, he could not envision the need for 190' of right-of-way. Councilmember Hunter stated he believed the applicant had shown a hardship and with Dakota Electric holding a permit with the County for electrical power lines at the 80' mark of the right-of-way, he did not believe the County intended to expand the road to the degree that would justify the acquisition of additional right-of-way. Councilmember Wachter agreed that a 95' half right-of-way was excessive. Hunter moved, Awada seconded, a motion to approve a variance for Martin Colon to waive the ten foot drainage and utility easement along the southerly boundary of Outlot E of Park Center Addition. Aye: 5 Nay: 0 CUB FOODS/TEMPORARY GREENHOUSE Mayor Egan introduced this item as a special use permit for Cub Foods, to allow a temporary greenhouse located at 1940 Cliff Road, Lot 1, Block 1, Cliff Lake Centre, in the SW 1/4 of Section 29. Acting Director of Community Development Hohenstein provided a history of Cub Foods' special use permit applications for a temporary greenhouse. He then described the location and layout. The representative of Cub Foods indicated the only time their application had been denied was when the greenhouse was placed in a different location in the Cub Foods' parking lot. He said at that time, the >~~dw J Page 6/EAGAN CITY COUNCIL MINUTES February 16, 1993 Council had determined essential parking needs would be unnecessarily dislocated. Since that time, he stated that the greenhouse has been located within the employee parking lot with 20 employee parking stalls lost to this temporary use. Councilmembers Wachter and Hunter questioned the advisability of permitting the greenhouse when it only granted the store more retail space. They said it appeared to go against what the Council was trying to accomplish with restrictions on outside storage. Councilmember Awada stated she did not see it as an extension of Cub Foods but as a seasonal sales situation much like that of the Boy Scouts' selling Christmas trees. The applicant added that for such a short selling season, it would not be appropriate to build a permanent structure. Discussion continued and the applicant was cautioned that the Council is moving away from permitting such uses. In answer to a question regarding previous actions of the City Council, the City Attorney stated that the Council had established factors for outside storage and were applying the criteria of the ordinance to this instance just as they would for any application. Awada moved, Hunter seconded, a motion to approve a special use permit for Cub Foods to allow a temporary greenhouse located at 1940 Cliff Road subject to the following conditions: 1. The permit is temporary and shall expire after June 12, 1993. 2. A building permit shall be obtained through the City of Eagan's Protective Inspections Division. 3. The building shall be open ended and shall be placed within a fenced sales area to allow exiting at both ends of the greenhouse. Aye: 4 Nay: 1 (Wachter) DEERHAWK ADDITION/PRELIMINARY PLAT Mayor Egan introduced this item as a preliminary plat, for the Deerhawk Addition/Dakota County State Bank, consisting of six lots on previously-zoned R-1 (Single Family) acres located along the south side of Deerwood Drive and the east side of Blackhawk Road in the SE 1/4 of Section 20. Acting Director of Community Development Hohenstein described the application and its location. He further stated that the Advisory Planning Commission had recommended approval at their January meeting with the amendment of Conditions #2 and #6 and the addition of Conditions #7 and #8. He stated that the major site plan issue still to be resolved was Condition #5, the upgrade of unimproved Taconite Trail along the southern portion of the site. Gary Fuchs, representing Dakota County State Bank, stated that the applicant had previously received a preliminary plat for five lots. He said they had raised the issue of developing a sixth lot without improving Taconite Trail in order to allow some recovery of the heavy financial obligations associated with development of the property. The question was asked whether the improvement of Taconite Trail had been a requirement for the other properties along Taconite Trail. Director of Public Works Colbert indicated that none had been platted as yet. Mayor Egan asked if it would be feasible to escrow the funds for a future upgrade. Mr. Fuchs indicated that the upgrade was not the problem but the costs were; he said the applicant could not agree. Mayor Egan then asked what staff had recommended to protect the oak trees on the property. Acting Director of Community Development Hohenstein said that a 30' setback was being proposed and would be consistent with the other homes on the street. He said the setback would maximize tree preservation by limiting excess grading and allowing some latitude in locating the building pads. Councilmember Masin expressed her Page 7/EAGAN CITY COUNCIL MINUTES February 16, 1993 preference for remaining with the original five lot subdivision. The applicant indicated that if they couldn't have the sixth lot, it was unlikely they would proceed with this plan. After further discussion, it was determined that if Condition #5 is eliminated, a private drive agreement for Lots 1 and 6 will be required and the property owner will waive all objections to the assessments if Taconite Trail is upgraded in the future. Awada moved, Egan seconded, a motion to approve a preliminary plat for Deerhawk Addition/Dakota County State Bank consisting of six lots on previously zoned R-1 property located south of Deerwood Drive and east of Blackhawk Road 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, C5, D1, El, F1, G1 and HI 2. 30' front yard setbacks shall be allowed to be consistent with the existing area and to allow tree preservation. 3. The lowest entry level of the houses on this site shall provide at least three feet of freeboard above the 100-year HWL of the wetland. 4. Individual sanitary sewer and water services will be provided to each lot and the developer will be responsible for repairing the existing streets at each crossing. 5. The developer shall enter into a private drive agreement for Lots 1 and 6 and shall waive all objections to the assessments if Taconite Trail is upgraded in the future. 6. Appropriate drainage of Lot 6 shall be approved by the City and installed prior to construction on any other lots. 7. The driveway on Lot 1 shall connect to Taconite Trail. 8. The driveway on Lot 2 shall contain a turnaround. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/PRELIMINARY PLAT OAK CLIFF POND 2ND ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment for Oak Cliff Pond 2nd Addition - OCP Homes, Inc., changing the land use from D-III (Mixed Residential, 6-12 Units/Acre) to D-II (Mixed Residential, 0-6 Units/Acre) and a Preliminary Plat consisting of 23 detached townhouse lots within the Winkler Jackson Planned Development located west of Slater Road and south of Cliff Road in the NW 1/4 of Section 31. Acting Director of Community Development Hohenstein stated that this is the second phase of the Winkler Jackson PD. He further stated that the PD contains a number of different uses for which the applicant had consistently reduced the density. He then went on to describe, the application and its location. Mr. Hohenstein closed by saying the applicant wished a variance to the City Code provision of providing a 50% maintenance-free exterior in multiple housing in order to utilize redwood siding. f'..L Page 8/EAGAN CITY COUNCIL MINUTES February 16, 1993 Jim Diamond, representing OCP Homes, Inc., described the entrance to the development by saying they would take some trees to put in the road but it was the only way to enter the property. He said there would still be 30' to 40' of trees on both sides of the road at the entrance and then noted a conservation easement to the north of the property. Mr. Diamond stated they had utilized the same cul-de-sac to rear lot line ratio as other cul de sacs in the area and noted they had moved the house on Lot 8 in order to place all homes at least 50' from the nearest lot line. He then discussed clustering the homes within the development addressing the steep grade change and allowing large areas of common ground, particularly around the perimeter of the property. As a point of reference, he said that if the property were developed single-family with the appropriate setbacks and street-widths and considering the substantial grades on the property, by the time the development were complete and the property graded out, there would be few trees left standing. Bill Bigelow, 4707 White Oak Court, said he was concerned because townhomes are not consistent with the existing single-family homes and added that townhomes would detract from the aesthetic and financial aspects of those existing homes. Mr. Bigelow presented a petition to the Mayor and asked whether this development was consistent with the landscape ordinance recently passed. City Attorney Sheldon advised that the ordinance had not been published and, therefore, the developer could not be held to a standard not yet in effect. Mr. Bigelow went on to complain of hodge-podge development in the City and said there should be more consistency in the City's zoning. Betty Lewis, 4709 White Oak Court, asked how close the nearest townhome was to the nearest single- family home. Mr. Diamond said it was approximately 80' to the nearest home and approximately 50' from the nearest lot line. When asked by Mayor Egan whether OCP Homes would be willing to locate the townhomes no nearer than 50' to the property line, Mr. Diamond asked that they not be held to a specific number to give them some flexibility in locating the building pads to save the most trees. A resident who indicated he lived on Lot 7, said it made no sense that many homes would have less impact on the area than fewer homes. He repeated that it is a beautiful area and it would be a shame to "spoil" it. Marilyn Ruzicka, 4730 White Oak Court, questioned how the development would not lower the value of her property. She asked what would happen to the hill and how the area would be landscaped. She closed by asking how she was to be benefitted from this proposed development. Christine Ruzicka referred to the area as a "winter wonderland" that she did not want torn down. Ms. Ruzicka added that she did not build her home to be next to "row houses." She said the Council had to be concerned about hodge-podge development and its impact on the environment. Mr. Diamond indicated that the first phase of development contained $125,000 - $180,000 townhomes. He added that they are semi-custom built homes and are not ticky-tacky. He said that most of the homeowners are single individuals or "empty nesters." Mr. Diamond pointed out the land has been zoned townhouse for a long time and the density has been greatly reduced. He said that all the green space is in the common areas with groves of trees rather than a few scattered trees as in single-family. Mr. Diamond allowed that if this property was to be a park site, then more trees could be preserved but if the property is to be developed, trees are going to be lost. He then indicated he had scaled the map and would be willing to keep the foundations of the townhomes at least 50' from the property lines; however, some would have second floor, three-season porches. When asked, Mr. Diamond said this phase of development would contain $135,00 - $200,000 townhomes. Mayor Egan closed the public portion of the hearing and returned the item to the Council for further discussion. Page 9/EAGAN CITY COUNCIL MINUTES February 16, 1993 Mayor Egan stated that it was a difficult issue dealing with a number of rights. He said the property owners have the right to develop the property and said he was surprised none of these issues had come up previously when 33 units were approved for the property. He went on to say he did not like 28' streets or the closeness of the houses but by clustering the townhomes, a number of natural amenities would be preserved. Mayor Egan added that because this property abuts commercial property, up-scale townhomes would seem the appropriate transition. Councilmember Hunter explained the City's attempts to downzone a number of properties. He said some developers are voluntarily downzoning their properties because of market demands; however, noted it is important to have all types of housing for all types of incomes. The Councilmember cautioned that Mr. Diamond is under no obligation to raise the value of surrounding properties and pointed out that the existing D-III zoning would permit Mr. Diamond to mow down every tree and put 12 units on every acre. He then stated that this developer was proposing far less density than allowed and is obviously making great efforts to save trees. However, the potential loss of trees prompted Councilmember Hunter to suggest that the developer be obligated to pay perhaps $2,000 for each significant tree of 12" or more that may be lost. He expanded this requirement to include all trees removed on purpose or by accident and those lost within the first year to construction damage. He suggested a tree survey before grading and then one after grading. Mr. Diamond indicated a significant problem with the proposal because they have worked to keep the perimeter wooded but noted there was little they could do with the front areas. In addition, he said they had not factored these costs into the development. He said other developers have not been required to meet these standards and pointed out that they would have better success with the survival of smaller oaks rather than larger ones. Discussion then followed regarding how to determine which trees were to be saved and the appropriate dollar penalty for those lost in construction. It was eventually determined that staff and the applicant would select those significant trees to be saved with a $500 donation to the general park fund if the trees are subsequently lost intentionally or through carelessness or construction damage. Mr. Diamond continued to have reservations about the requirement without a cap to the total amount. Councilmember Hunter then recommended a cap of $500 per tree with a $10,000 maximum for trees lost. Mr. Diamond agreed to the conditions and asked that if for some reason they have to pay the donation, that half be used within the development with the remainder used elsewhere. City Administrator Hedges suggested that staff take the Council's concept and attempt to work with the developer on the agreement. The finished agreement would then be forwarded prior to final plat to the Council for their review and approval. Awada moved, Hunter seconded, a motion to approve the comprehensive guide plan amendment for Oak Cliff Ponds 2nd Addition - OCP Homes, Inc., changin g the land use from D-III (Mixed Residential, 6-12 Units/Acre) to D-II (Mixed Residential, 0-6 Units/Acre). Aye: 5 Nay: 0 Awada moved, Hunter seconded, a motion to approve a preliminary plat consisting of 23 detached townhouse lots within the Winkler Jackson planned development located west of Slater Road and south of Cliff Road, 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, B4, C1, C2, C4, C5, D1, El, F1, G1, and H1 2. A variance to allow the cul-de-sac lengths on the plan dated 12/15/92 shall be approved. 3. A copy of the townhouse declaration will be submitted to the City prior to final plat. 3 Page 10/EAGAN CITY COUNCIL MINUTES February 16, 1993 4. The wooded areas to be preserved will be delineated on the approved grading plan and snow fencing shall be installed prior to grading. 5. A variance to the R-3/R-4 exterior finish requirements shall be allowed. 6. Landscape irrigation shall be required. 7. The final grading shall include detailed plans and specifications covering the construction of the proposed retaining walls. 8. The water main layout shall include connections to the 8" stub in the northeast comer of the site and to the 6" stub in the southwest comer of the site. 9. The development shall protect the trees and vegetative cover for a width of 40 feet around the edge of Pond AP-10. 10. Outlot A shall be transferred to the townhouse association at time of final plat. 11. Foundations shall be no closer than 50' to the rear lot lines; however, the 50' requirement shall not apply to non-foundation porches. 12. The staff and developer shall identify all living trees IT or greater in diameter that are to be saved during construction. If any of these trees are removed during construction or dies within one year following final grading, the developer will donate $500 per tree, not to exceed $10,000 total, to the general park fund for forestry operations. Aye: 5 Nay: 0 Councilmember Masin asked what the City's legal options were for changing the zoning. City Attorney Sheldon advised that significant time was spent a few years ago in an R-4 study resulting in a number of downzonings. He said the City always has the ability to downzone but it would be questionable whether that downzoning could be accomplished without paying for it. He said it could be studied if the Council desired. Councilmember Awada added that the City Council is trying to do what it can legally to downzone without being sued in the process. COMPREHENSIVE GUIDE PLAN AMENDMENT/OAK CLIFF POND ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment for the City of Eagan, changing the land use designation from D-III (Mixed Residential, 6-12 Units/Acre) to D-II (Mixed Residential, 0-6 Units/Acre) to D-II (Mixed Residential, 0-6 Units/Acre) for approximately nine acres of land located in the Oak Cliff Pond Addition in the NW 1/4 of Section 31. Wachter moved, Awada seconded, a motion to approve a comprehensive guide plan amendment changing the land use designation from D-III (Mixed Residential, 6-12 Units/Acre) to D-II (Mixed Residential, 0-6 Units/Acre) for approximately nine acres of land located in the Oak Cliff Pond Addition, Nw 1/4 of Section 31. Aye: 5 Nay: 0 R-93.7 SHORELAND ORDINANCE Mayor Egan introduced this item as the Shoreland Ordinance for the City of Eagan, ordinance amendment to Chapter 11 of the City Code pertaining to shoreland zoning regulations (request to continue to the March 2, 1993, regular City Council meeting). Page 11/EAGAN CITY COUNCIL M NUTES February 16, 1993 Awada moved, Hunter seconded, a motion to continue to the March 2, 1993, regular City Council meeting the shoreland ordinance amendment to Chapter 11 of the City Code pertaining to shoreland zoning regulations. Aye: 5 Nay: 0 LIFETIME FITNESS APPLICATION/GALAXIE CLIFF PD Acting Director of Community Development Hohenstein indicated that legal counsel had been asked to review whether a health club use within the Galaxie Cliff Planned Development conformed to a definition of "health center." On the basis of legal review, Mr. Hohenstein said it was staff's interpretation that the application did not fall within the definition of health center as applied to a Limited Business district. Therefore, staff had requested the applicant submit a planned development amendment application to be processed concurrently with the plat. Council agreed that at this point, staff should hold to this course. SIGN/POSTAL EXPRESS Acting Director of Community Development Hohenstein also advised the Council that correspondence had been received from Postal Express informing the City that the Postal Express sign had been erected despite the fact it would violate the conditions of approval. He said Postal Express indicated they believed they had the right to install the sign since it had been ordered prior to City Council action. Mr. Hohenstein said the City Attorney's office would look into the issue. UNISYS PROPERTY DEVELOPMENT/APOTHECARY INDUSTRIES Acting Director of Community Development Hohenstein stated that the City had been approached by Apothecary Industries and representatives of Unisys Corporation regarding the impending purchase of approximately 17.3 acres of the Unisys campus property for construction of a manufacturing/office/warehouse/facility. He further stated that Unisys would like to discuss potential costs of development with the most significant issue possibly being the "ring" road. Representatives of the two companies have asked whether the City would be willing to use tax increment financing to underwrite some of the significant improvement costs. Mayor Egan asked the Director of Public Works how staff was anticipating paying for the ring road. Mr. Colbert said they estimate there would be some local special benefit and, therefore, some of the cost could be assessed. In addition, they would apply for designation as a municipal/state aid route allowing for the use of municipal/state aid funds to finance any oversizing or unassessable costs. City Administrator Hedges said the biggest cost would be the overpass on I-35E. When asked whether MnDOT would share in that cost, Director of Public Works Colbert said it was unlikely since the overpass would not go beyond local benefit. Councilmember Wachter said he would like to wait for the "ring" road study before making any decisions. In addition, he suggested Unisys decide what they are going to do with the property and then plat the property. Councilmember Wachter indicated he is not in favor of tax increment financing and Councilmember Awada stated there are other ways to build and the use of tax increment financing should be a last resort. TRAILWAYS/SIDEWALKS Councilmember Wachter said he had been contacted by Marcia Fjelsted regarding the clearing of the sidewalk in her neighborhood to the nearest bus stop. Ms. Fjelsted has indicated that if the City will clear the sidewalk the first time, they would adopt that section and keep it dear. City Administrator Hedges advised that the City's insurance carrier has been adamant about the City's present snow removal policy. He went on to say Page 12/EAGAN CITY COUNCIL MINUTES February 16, 1993 that if the City Council felt it important to keep the walks open in the winter, a policy would have to be developed because clearing the sidewalks once would build the expectation that it would be continued. Mayor Egan said the trail system serves a neighborhood and connects neighborhood to neighborhood. He indicated he was not in favor of changing the present policy. SOLAR ENERGY Councilmember Wachter suggested solar energy be investigated for future use in City buildings. He said if it could be done economically and would fit into the City's budget, he was all in favor. PET LICENSING/CATS Councilmember Wachter also urged the licensing of cats to offset some of the costs incurred by animal control personnel regarding cats. The issue is currently under study. PUBLIC WORKS COMMITTEE/COUNTY COMMISSIONERS Mayor Egan stated that the Public Works Committee meeting with the County Commissioners was not time-sensitive and indicated he would prefer that the Committee continue its efforts to meet with the City's County Commissioners regarding the Lone Oak/Lexington intersection. Wachter moved, Egan seconded, a motion to approve the checklist dated February 4, 1993, in the amount of $4,978,810.05; the checklist dated February 11, 1993, in the amount of $221,123.07; and the checklist dated February 15, 1993, in the amount of $154,174.78. Aye: 5 Nay: 0 The regular meeting of the Eagan City Council was adjourned at approximately 10:50 p.m. KF CITY OF EAGAN E. Overbeke City C erk 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).