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12/17/1987 - City Council Regular •f1 -7- • . yM^ MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 17, 1987 A regular meeting of the Eagan City Council was held on Thursday, December 17, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Egan and Ellison. Councilman Wachter was excused due to emergency hernia surgery on December 17, 1987. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineer Robert Rosene and City Attorney Paul Hauge. AGENDA Ellison moved, Egan seconded the motion to approve the agenda as presented. All voted in favor. MINUTES 1. December 1, 1987 - Regular Council Meeting. Upon motion by Egan, seconded Smith, it was resolved that the minutes of the December 1, 1987 regular meeting of the City Council be approved with the following revisions relating to the Cliff Lake Galleria project, and conditioned upon distribution and approval of the minutes by all Councilmembers, including the following changes: 1. On page 10, Mr. Egan questioned the statement that Michael Mueller of the DNR indicated it was a gross misrepresentation of the environmental impact. 2. On page 13 concerning Mr. Egan's citing paragraph 8 of the Planned Development Agreement, he asked whether the provision would allow changes in the road design and it was understood that the City Attorney responded in the affirmative. 3. On page 15, as to Councilman Egan's reasons for his motion, number 1, this project was given substantially different treatment from similar projects, than the Bieter project denied in February 1987; and number 2, the social issues were considered highly, and he noted that neither the EAW nor social issues were considered with the Bieter application in 1986-87. 1 Council Minutes December 17, 1987~~_ 4. Relating to page 6, the TXI application, it was understood that the application was approved, subject to the revised configuration of the lots, reflecting two parcels and grant of necessary easements. All members voted in favor. 2. September 29, 1987 - Special Council Meeting. Ellison moved, Egan seconded the motion to approve the minutes as presented. All voted in favor. TED WACHTER'S ABSENTEE VOTE City Administrator Tom Hedges and City Attorney Paul Hauge, stated that Councilman Ted Wachter who had emergency surgery on December 17, 1987 and had returned home during the day, requested that he be permitted to vote on certain issues presented at the Council meeting, as an absentee. He had cable television available at home and would watch the proceedings and call in his votes. Mr. Hauge suggested that if the City Council had no objections and adopted a motion to allow the absentee vote, that the Council could proceed on that basis, noting, however, it could be subject to objection. Councilman Egan indicated that there is a potential for future conflict if members of the Council or Advisory Commission are not present and asked to be allowed to vote by Cable and it would cause an adverse precedent. Councilman Smith noted that technical problems could develop, and suggested that it would not be advisable because of the interaction of Council members, and the fact that Councilman Wachter may have questions that could not be answered. No action was taken. DAKOTA COUNTY ASSESSOR - PROPERTY TAX ABATEMENT The request for property tax abatement presented by Bill Peterson of the Dakota County Assessor's office for the Regina Hummel property on Abbey Way in St. Francis Woods from an estimated market from $68,000.00 to $35,800.00 was presented. Mr. Peterson was not present. City Administrator Hedges reviewed the information and Egan moved, Smith seconded the motion to approve the tax abatement as recommended. All voted yes. FINANCE OFFICER GENE VanOVERBEKE - AWARD Mayor Blomquist presented Finance Director/City Clerk Gene VanOverbeke with an award for Financial Reporting Achievement from the Government and Finance Officers Association. Mr. VanOverbeke was present to receive the award. 2 Council Minutes December 17, 1987 VOLUNTEER FIRE DEPARTMENT Mr. Hedges reviewed the proposed increase of $16,000.00 in the 1938 operating budget for the Volunteer Fire Department and suggested several alternates. They included an increase as requested, to retain the $190,000.00 budget and monitor the potential for additional funds during 1988, or to take the additional funds from the contingency City budget and use for the Volunteer Fire Department. He recommended that no change in the budget be approved at the present time, but that monitoring take place periodically. Egan moved, Ellison seconded the motion to deny the request for an increase in compensation from $190,260.00 with the understanding that a review will be made during the course of the year, and that part or all of the additional funds will be provided, if possible. All councilmembers voted yea. PARK DEPARTMENT 1. Pilot Knob Road - Upgrading. A recommendation was submitted by the Park Department that necessary easements be granted to Dakota County on Pilot Knob Road, regarding City park land in exchange for a 99 year lease for the Burow home located at the northeast intersection of Cliff and Pilot Knob Road. The home would be used for athletic association storage purposes. After review, Smith moved, Egan seconded the motion to approve the granting of the temporary and permanent easements for the upgrading and construction of Pilot Knob Road, and further that the City will lease the Burow home from Dakota County, and sub-lease the house to the athletic association for storage and meeting space needs. All councilmembers voted affirmatively. 2. Westbury Addition - Williams Brothers Pipeline. Tom Hedges explained that the Advisory Park Commission had made a recommendation to the City Council that three lots owned by Williams Brothers at the southwest intersection of Wescott Road and Lexington Avenue, in the Westbury Addition, not be accepted by the City, based upon the offer from Williams Brothers Pipeline. It was noted that there are $17,000.00 in assessments and further, that the three lots would not fit into the Comprehensive Park Plan for the City. Mr. Colbert noted that additional right-of-way will be required for Lexington Avenue and Mayor Blomquist indicated that neighboring property owners were concerned about maintenance of the lots. Steve Sullivan from the Park Department was present and stated that maintenance will be required by the City, even though the lots were vacant. Egan moved, Ellison seconded the motion to accept the recommendation of the Park Commission and to deny the offer for the reasons that were indicated in the staff report of December 8, 1987. All councilmembers voted in favor. 3 Council Minutes December 17, 1987 EAGAN AIR QUALITY ISSUE A letter from Captain Pat Geagan of the Police Department dated November 4, 1987 to the City Administrator, outlining three occasions when air pollution problems had occurred within the City. He noted concerns about the frequency of the air pollution problem and the fact that Koch Refinery emissons appeared to be the reason for several of the problems. Chief of Police Jay Berthe was present and recommended that Dakota County be in charge of monitoring the air pollution problems in the County. No specific action was taken. PUBLIC WORKS DEPARTMENT 1. Building Permit Issuance. Public Works Director Tom Colbert discussed with the City Council, concerns of the Engineering and Building Inspections Department about reviewing individual single family home permits to determine if the proposed house plans properly conform to City and development standards in relation to each lot being built upon. He inquired as to the degree the City Council desired the staff to become involved, particularly in light of grading plans and house elevations that have not always conformed with the original plans. He cited an example on Lot 4, Block 14, Bridle Ridge where there was a significant change in the grading plan from the plan that had been approved by the City. The builder acknowledged the error and the staff had requested guidance concerning standards. The potential double fee penalty was discussed under the building code and Chief Building Inspector Doug Reid made comments about the time loss by a builder when the City holds up construction, due to a violation. Councilman Smith was concerned about the deviations and Councilman Ellison favored double fees when such violations take place. Rod Hardy of Sienna Corporation was present and suggested that the Council direct the Developer's Task Force to be reconvened and prepare recommendations to be submitted to the Council. In addition, he stated that the developers could authorize Architectural Committee approval prior to the submission of the building permit. Councilman Egan moved, Smith seconded the motion to refer the issue to the Eagan Developer's Task Force concerning the deviations from building permit policies, and direct that recommendations be submitted to the City Council. All voted yes. Smith then moved, Ellison seconded the motion to allow the building permit for Lot 4, Block 14, Bridle Ridge Addition, in spite of the fact that construction started before the building permit was issued, noting that the permit had already been held up for one month, causing hardship to the builder. All councilmembers voted in favor. 4 Council Minutes December 17, 1987 T FIRE STATION NO. 4 Fire Chief Ken Southorn was in the audience and updated the City Council regarding construction of Fire Station No. 4. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved, with the understanding that several were continued until later in the meeting. 1. Personnel Items. a. Police Officers. It was recommended that Steve Anselment be hired as a police officer for the City, effective January 4, 1988 and Joseph Marshall, effective January 5, 1988. b. Community Service Officer. It was recommended that Stephanie Maszko be hired as a Community Service Officer effective December 28, 1987, subject to successful completion of the City psychological and physical testing requirements. c. Seasonal Recreational Staff Position. A schedule of returning staff and new staff for seasonal recreational positions was recommended to be approved by the Council. 2. Cray Addition - Final Plat. The application for approval of Cray Addition final plat located north of Lone Oak Road and south of Northwest Airlines corporate headquarters, was submitted, and the staff recommended approval, subject to compliance with City requirements. R87-99 3. Woodlands Addition - Final Plat. An application was submitted by the developer of the Woodlands Addition for final plat approval and the staff recommended to the City Council that it be approved, subject to compliance with all City requirements. R87-100 Egan moved, Smith seconded the motion to approve the foregoing consent agenda items and authorize their implementation. All members voted in favor. 5 Council Minutes December 17, 1987 1988 - GENERAL FUND & UTILITY BUDGET RATIFICATION The City Administrator proposed to the City Council, that it give final ratification to the 1988 General Fund Operating and Public Utilities Budget. He mentioned that at the November 23, 1987 Special City Council meeting, the final revised 1988 General Fund Budget was examined and established at $3,652,100.00. Several budget workshop sessions were held in August and September, and a public hearing on November 15, 1987 with a mill rate levy certification at the October 6, 1987 City Council meeting. Smith moved, Egan seconded the motion to ratify the budgets as presented. All members voted affirmatively. TXI, INC. - WAIVER OF PLAT - PONDVIEW PLANNED DEVELOPMENT It was again noted that the City Council at its meeting on December 1, 1987, approved the application for waiver of plat submitted by TXI for a portion of the proposed Pondview Planned Development subject to certain conditions. Smith moved, Ellison seconded the motion to acknowledge the receipt of the drawings covering the split into two lots and to acknowledge the revision into two lots. All members voted yes. R87-101 CLIFF LAKE GALLERIA & TOWERS - EAW & STREET ALIGNMENT City Administrator Tom Hedges introduced at 7:30 the consideration of the EAW and street alignment for Phase One of the proposed Cliff Lake Galleria Towers. He noted that on December 1, 1987, the City Council had given approval to the preliminary plat and as- a part of the proposed development, an EAW was required, which was processed through the various State agencies. He introduced City Planner Dale Runkle who reviewed the background of the EAW process and noted the EAW was dated October 26, 1987. A memo to City Administrator Hedges dated December 16, 1987 was reviewed, including comments from various State agencies. He also noted the PCA submitted a letter dated December 17, 1987 and discussed the mitigation measures that were being requested by agencies and proposed to be completed by the developer. Three alternative actions on behalf of the City Council were outlined in the memo, including a negative declaration, a positive declaration or a continuance of the Council's consideration regarding the EAW, and noted that some of the issues have been mitigated. Mayor Blomquist stated that much information and comments have come in and Councilman Ellison asked what issues were still outstanding. Mr. Runkle's answer was that it was most important to the DNR whether the shoreland ordinance applies and the attempts to work out mitigative measures, and further, the PCA comments in its letter of December 17, indicated that additional information was required. 6 Council Minutes December 17, 1987 Councilman Egan reviewed the DNR letter of December 16, 1987 and he stated that he understood that the developer and the DNR are basically in agreement. He asked what information would not be included in the ISP process that was requested in the PCA letter of December 17, and understood that most of the information would be required during the ISP procedure. Councilman Smith commented on the DNR letter of December 10' and noted that additional comment time had been intended only for the PCA and that it expired on December 14, 1987. Two additional letters had been received after December 14. Councilman Ellison reviewed the EQB letter of December 15, and City Attorney Paul Hauge described the issue that had been raised by two State agencies regarding regulations requiring the mandatory EIS in the event of 750,000 square feet in commercial areas, or 100,000 square where no shoreland ordinance had been adopted. It was his opinion that the shoreland ordinance had been adopted by the City, although the existing planned developments had been excluded under the 1983 Eagan Ordinance. Councilman Egan asked whether the developer had expressed any reluctance to comply with the request and recommendations of the agencies and Mr. Runkle's answer was that only the PCA had reservations. Mr. Egan also inquired whether the PCA can control the project by the ISP permit process and Mr. Runkle indicated the PCA can impose requirements that are binding upon the City in the ISP permit process. Mr. Ellison argued that mitigating measures generally are accomplished prior to the decision by the City Council, and noted that the PCA, DNR, DOT, Met Council and EQB have not issued clearance letters and each has reflected some objections to the EAW. He stated that the viable options were proceeding with the EIS, denying an EIS or allowing further time to assemble additional information required by the agencies. Councilman Egan mentioned that the Comprehensive Guide is not an issue in the current proceedings and it was his belief that the issues are in the process of being resolved. Mayor Blomquist asked what the environmental issues were that were unresolved, and understood that the developer had agreed to resolve the issues. At 8:10 p.m., Dave Sellergren, attorney, appeared on behalf of the developer, and explained that the developer has committed in writing that it will do all things requested by the City and state agencies requested by them in them in the environmental process. He further noted the ISP process is the method where the traffic issues are resolved. A letter from Mr. Sellergren outlining in detail, its position, was submitted and he argued that the City had not required an EIS except where it is mandatory and that the current EAW meets 7 Council Minutes rr~. December 17, 1987 the letter of the rules and agency requirements. He further noted that the project did not fall within the mandatory EIS category and that the developer has signed a binding written commitment regarding the PCA issues. The only outstanding issue is air quality, and the PCA has a method to resolve it, and the information will be submitted to the PCA according to Mr. Sellergren. Councilman Ellison asked Mr. Sellergren why the developer would not wait until all of the issues were resolved before proceeding. Mr. Sellergren's answer was that the council must decide within ten days after the comment period ends, and also stated other reasons. The City Planner noted that the City is the party responsible and held accountable and it was important to work with all state agencies regarding future applications and suggested that an understanding be reached that the information will be available to the PCA as requested. Paul Hauge noted, upon questions by Councilman Ellison, that the Council must decide more than ten days following the end of the comment period, but prior to 30 days after the comment period. Councilman Egan then reviewed the criteria for a positive declaration and noted certain other comments and stated the City has a comprehensive traffic plan in place, and the City will take the measures necessary to mitigate the concerns, including in place regulatory control. Councilman Smith reviewed the issues raised in the Resolution prepared by the City Attorney in the alternate, both positive and negative declarations, and in addition, the comments made in the planner's report. Smith then moved, and Egan seconded the motion to declare a negative declaration for an EAW and that the environmental impact statement not be required based upon reasons including the following: 1. A detailed transportation study has been done at the direction of the City by Short, Elliott & Hendrickson, which has outlined the transportation and traffic issues that should be considered and resolved in conjunction with the development of the proposed subdivision. The air quality and noise analysis based upon the traffic study appear to be complete, accurate and within limits. 2. While the DUR has expressed valid concern as to the environmental impacts, it appears that the issues of water quality and quantity in Cliff Lake have or can be resolved to the DNR's satisfaction. Water quality is preserved by diversion of all run- off from this project away from Cliff Lake. Water quantity is assured by the 650 acre Cliff Lake tributary drainage area. 3. Because of the topography and proposed uses it appears that the shoreline of Cliff Lake will be protected. However, stringent implementation of subdivision controls and performance of detailed water quality analysis are required. 8 Council Minutes December 17, 1987 4. Improvements necessary for this project are anticipated to be made and the developer required to pay its fair share of the costs thereof. As suggested by the MPCA, binding agreements relative to the financing of off-site road improvements, particularly a development contract, shall be part of the final plat requirements. 5. Minnesota Environmental Quality Rules section 4410.1700 subpart 7.C & D provide that a negative declaration may be appropriate if the development is subject to mitigation by ongoing public regulatory activity and the identified environmental effects can be anticipated and controlled as a result of other environmental studies. 6. The Cliff Lake Centre preliminary plat conditions sufficiently address environmental issues raised by area citizens and regulatory agencies. These conditions include but are not limited to: City approved detailed erosion and a sedimentation control plan; City approved detailed grading plan; City approved sanitary sewer, storm sewer and water distribution systems; a comprehensive traffic impact analysis evaluating ultimate road improvements; reconstruction of Rahn Road; completion of an east- west collector street; revisions to geometric design and configuration of internal circulation; and developer contribution in addition to tax increment financing potential of off-site improvements. 7. While the project is exempt From certain aspects of the City's Shoreland Zoning ordinance as a pre-existing PUD, the City shall exercise all other controls provided therein, noting that the ordinance was adopted and approved by the state resulting in a 750,000 square foot mandatory EIS threshold (this project is less then 300,000 square feet with ultimate development of less than 700,000 square feet). The Mayor then opened the discussion to members of the audience and Michelle Swanson of 1977 Badger Court, asked whether the alternative review procedure under the Rules, was available to be used for determining whether the EIS should be required. Cindy Hanson also appeared and recommended that the Council lay over the decision until Councilman Wachter is present and can vote on the issue. Mr. Ellison stated that the Council was rushing the process and indicated that as the next Mayor of the City, after the first of the year, he intends to entertain a motion to overturn the motion of the current meeting, regarding the EIS. He further stated that any action taken by the developer in the meantime, would be done at their own risk. 9 Council Minutes December 17, 1987 1s Lisa Madock agreed with what Vic Ellison had stated and recommended that an EIS be ordered. The Mayor then cut off public discussion at about 8:30 p.m. Those in favor were Egan, Smith and Blomquist; voting against was Ellison. Mr. Sellergren then indicated that the developer intends to proceed based upon the rights given to it by the Council. Paul Hauge then asked the City Council whether the two conditions recommended by the staff were intended to be attached to the motion for the negative declaration. Mr. Sellergren indicated that the developer will agree to the conditions requested by the DNR in its letter of December 16, but should not automatically trigger an EIS, and that the developer could not agree with either of the conditions. Councilman Egan indicated the standards were vague and the automatic requirement should not be included, and the conditions therefore were not made a part of the motion, according to Councilman Smith and Councilman Egan. STREET ALIGNMENT REVIEW FOR CLIFF LAKE CENTER Tom Hedges then introduced the proposed revised alignment of the street pattern through the development and indicated that the City Council, at its meeting on December 1, .1987, had directed the staff to work- with representatives of the developer, to define the location for the streets. David Sellergren described the changes and stated that meetings have been held with staff, SEH, developer's representatives and also a representative of Federal Land Company. The curvilinear design changes were reviewed and Mr. Koppe, on behalf of the developer, explained the roadway design near Cliff Road. A 16 foot median would be provided and prevents direct left turn to north on Rahn Road from the interior street. The intent was to use the layout for final design and Mr. Sellergren asked for approval from the Council. Mr. Colbert then mentioned that the attempt was to get conceptual alignment of the roadway, noting that the curve had been softened and moved westerly of the Target access location. Glen VanWariner from Short, Elliott, Hendrickson, noted that the alignment was only a concept and design detail will have to be determined, including access location to the Federal Land Company. 10 Council Minutes December 17, 1987 Martin Colon of Federal Land Company was present and stated that he was generally in agreement. The 8 foot trail would be located on Federal Land Company property, which was acceptable, provided no added setback requirements are imposed. He asked whether Rahn Road, north of the entrance to Federal Land Company, would be vacated, and Mr. Colbert's answer was that it would not, and may be used for potential access to the Rahn Park. He added that the area south of the access would be vacated in exchange for right-of-way on Cliff Road and appeared to be acceptable to Mr. Colon. The City planner explained that he had not been able to make a significant analysis of the changes and upon question by Mr. Ellison, Dave Sellergren pointed out the changes that were being proposed. They included approximately 0.46 acres of additional land east of the roadway near the Target access, and that the acreage of the northerly revision was .39 acres for the roadway moved to the east, according to Mr. Sellergren, nearly wipes out the additional commercial area. The southerly revision would not be used for commercial purposes. Additional right-of-way has also been added and there was discussion about Outlot F. Mr. Sellergren marked three exhibits A, B, and C and indicated that the exhibits could be kept by the City to identify the plans that were being submitted at the Council meeting on December 17, 1987. Councilman Ellison asked whether the building pads have changed, and the answer was that because of the 50 foot distance from Cliff Lake, there are some changes. There are more parking spaces than the previous plan and the right turn access from Rahn Road to the Target parking lot may not be implemented. In response to a question, Mr. Colbert stated that traffic signals may be required at the Target entrance in the first phase, depending on traffic projections. Councilman Wachter telephoned the City Council and was concerned about restricting access north bound on Rahn Road for emergency vehicle purposes. Mr. Colbert's answer was that there would be no significant delay, according to the proposal, the restricted access continued to be recommended. Smith moved, Egan seconded the motion to approve the final street alignment for Phase One of the Cliff Lake Galleria project as submitted, according to Exhibits A, B, and C, with the final designs to be determined prior to final plat approval. Councilman Ellison asked whether there were modifications being made under condition 19, and whether the Planning Commission and Council should review and approve and Paul Hauge's answer to the question was that it would depend on whether there was substantial modification of the original preliminary plat, which would be a Council decision. 11 Council Minutes December 17, 1987ti Mr. Colbert noted that any changes proposed are part of the traffic design modification, and not an attempt to change the preliminary plat. All members voted in favor. PROJECT #529 - CLIFF LAKE GALLERIA - FEASIBILITY REPORT The Petition for feasibility report for Cliff Lake Galleria street and utility improvements was submitted and it was recommended that the Petition be received and that the Council authorize the feasibility report, together with detailed plans and specifications. Upon motion by Egan, seconded Smith, it was resolved that the recommendation of the staff be approved and ordered to be implemented. All members voted yea. The consideration of the Cliff Lake Galleria project ended at 9:30 p.m. SOLID WASTE RECYCLING FACILITY RECOMMENDATION Mr. Hedges introduced Assistant Administrator John Hohenstein who briefly described the recommendation of the Eagan Solid Waste Abatement Commission regarding a recycling facility. A proposal has been made by Minnesota Soft Drink Recycle to develop and operate a recycling redemption center at 1971 Seneca Road near Highway #13. MSD requests assistance in the purchase of a piece of capital equipment to be used in the facility at a cost of $4,000.00 per year for the next three years, and it was also requested the City assist in promoting the facility through its newsletter and other means; that it assist in the provision of adequate signage for the site and the City pass through the $4.00 per ton recyclable rebate as long as this program is available through Dakota County. There being no objection, Smith moved, Ellison seconded the motion to accept the Minnesota Soft Drink redemption center proposal and direct the staff to negotiate conditions including costs not to exceed $4,000.00 per year for the next three years for capital equipment. All voted yes. JOINT CABLE COMMISSION - BUDGET The City Administrator described the proposed 1988 Cable budget, being similar to the budget accounting priority set forth in Burnsville and Eagan for other accounting standards. The form of the Cable budget has been modified with two budgets being recommended: One for the Cable Commission which supports its activities, and the second entitled "Local Programming" and would cover expected expenditures for the proposed operation. Staff recommended that the residue of the franchise fee stream not be used for the two joint fund budgets but be directed back to the member cities for their individual cable related expenditures. 12 Council Minutes nj -7 December 17, 1987 After discussion, Egan moved, Smith seconded the motion to approve the proposed Cable budget for 1983 as presented, but Councilman Smith indicated that he was not comfortable with the City Council being the final authority for definition of cable-related expenses and how franchise fees will be spent. All voted yes. Mr. Hedges thanked John Hohenstein for his very diligent work in taking over the Cable Commissioner's duties for the City of Eagan, following the departure of Ralph Campbell. SUNRISE HILLS ADDITION - VARIANCE An application was submitted by Argus Development Corporation requesting a 10 foot variance to the 30 foot from setback on Lots 28, 29, and 30, Block 2, and Lots 3 and 9, Block 3 of Sunrise Hills Addition. The purpose of the variance, according to Mr. Runkle, would be to allow the parcels to be developed with a 20 foot front yard setback primarily because of steep terrain and location of pondin3 easements and trees. Brad Swenson appeared for the developer and described the reasons for the variances. He indicated there would actually be 20 to 33 feet to park in front of the garage with two spaces in each garage. In answer to questions, he stated that had the developer known the storage capacities and the high water marks for the pond, the variance could have been requested when the plat application as submitted. He indicated that a 50 foot pad is necessary, whereas Mr. Colbert explained that it does not appear to be a hardship at the present time because no building permit applications have been submitted and possibly, the building pads will not be 50 feet deep. After discussion, Smith moved, Egan seconded the motion to deny the application, noting there was no hardship and that the purpose was simply for maintenance only. All members voted yes. JUDITH & ORLIN MYRLIE - 820 LONE OAK ROAD - CONDITIONAL USE PERMIT An application was submitted requesting conditional use permit to allow a day care facility for 11 or more children in a Light Industrial district at 820 Lone Oak Road by Mr. and Mrs. Orlin Myrlie. Day care facilities are not listed in any category under Il, therefore, the existing use would be considered a nonconforming use. The APC recommended approval without any conditions but that the recommendation of the issue of assessments be reviewed prior to the City Council meeting. Mr. Colbert explained the reason for proposed upgrading of the assessment based upon the upgrading and uses of the property. Councilmembers requested that information regarding assessments be submitted for council review when a change in use takes place. 13 Council Minutes December 17, 1987 Egan moved, Ellison seconded the motion to approve the application without assessments being upgraded at the present time. All members voted yea. HEALTH CENTRAL ENTERPRISES - CONDITIONAL USE PERMIT The application by Health Central Enterprises for conditional use permit for pylon sign for the Health One Urgent Care facility on Pilot Knob Road next came to the City Council. Two secondary signs near the health care entrances will be removed to conform to the sign ordinance and the wood-constructed Norwest Bank entry sign is approximately 100 feet from the proposed sign to the north. Staff recommended either a variance or a request that Norwest remove the sign if the Health Central application is permitted. The APC recommended approval and Mr. Hedges explained the action of the Advisory Planning Commission. Dale Runkle was excused from the meeting at this time. A representative of the applicant was present and there were no objections. Smith moved, Egan seconded the motion to approve the application without any upgrading of assessments at the present time and subject to all sign ordinance requirements; further, that the staff direct Norwest Bank to apply for a permit within 60 days for a permit for the sign at the northwest corner of the property, with the understanding that it would be removed if an application is not submitted. All councilmembers voted affirmatively. LEXINGTON CENTER - CONDITIONAL USE PERMIT The application of Mark Ravich for conditional use permit for pylon sign for the Lexington Center shopping center on Lexington Avenue, south of Diffley Road, came to the Council. The APC recommended approval and Mr. Hedges reviewed the application. Mark Ravich was present and answered questions of the City Council members. Smith moved, Ellison seconded the motion to approve the application for conditional use permit for a pylon sign 25 feet in height, with the understanding that the upgraded assessments recommended by the staff be levied unless they would constitute a duplication of existing levied assessments. All voted yea. NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT The application of Naegele Outdoor Advertising Company to allow a billboard advertising sign along Highway #13 on Lot 3 of the Dallas Development 2nd Addition next was presented to the Council for its review. The APC at its regular meeting on November 24, 1987 recommended approval subject to certain conditions. The proposal would be to allow the reconstruction of the Naegele billboard previously located on the north side of Highway #13. The present 14 Council Minutes December 17, 1987 sign was originally erected in October of 1984 and removed in the Fall of 1987 when the grading of the Dallas Development 2nd Addition began. The proposed sign would measure 19 feet by 48 feet and 912 square feet with a maximum height of 40 feet. A representative of Naegele was present and said that the sign taken down at Blackhawk several years ago was relocated to Silver Bill and Highway #13. Councilman Smith moved, Egan seconded the motion to approve the application with the understanding that the sign be subject to the following: 1. A minimum 20 foot setback from Highway #13 right-of-way. 2. The one-time sign fee of $2.50 per square foot be required. 3. The sign shall comply with all necessary ordinance revisions. 4. The back side of the double face sign shall be closed and it shall be no higher than 40 feet from the base of the sign. 5. The sign shall he no larger than the most recent sign that was removed. Mayor Blomquist questioned whether the original permit on Highway 413 and Silver Bell Road was only on a temporary basis until any development took place in the property. Councilman Ellison stated that the proposed location was wrong in his opinion. The Council held up the decision until the staff could research the minutes to determine whether the relocation was temporary. TRIANGLE METALLURGICAL, INC. - CONDITIONAL USE PERMIT The application of Triangle Metallurgical, Inc. for conditional use permit to allow freight terminal in a Light Industrial district along State Highway 4149, north of the UPS facility, was then considered by the Council. There currently is a freight terminal on the site that was most recently occupied by Brown Transport. No representative of the applicant was present and the APC recommended approval. Egan moved, Ellison seconded the motion to approve the application, noting that the use was appropriate in a Light Industrial area; further, that the application be subject to the upgrading of the assessments as proposed by the staff, and subject to all applicable ordinances; further, that there be no outside storage on the site. All members voted yes. 15 Council Minutes December 17, 1987 BLACKHAWK PLAZA - WAIVER OF PLAT The application of Blackhawk Plaza, Inc. for waiver of plat to combine the western 15 feet of Lot 4 with Lot 5 of Blackhawk Plaza Addition for an automotive service station came next to the Council. The APC recommended approval with conditions. Mr. Hedges stated a 15 foot increase was requested in order that the proposed gas station and single bay car wash can meet side yard setback requirements. Four gas pump islands were proposed and 7 employee- type parallel parking stalls will be provided along with the 8 adjacent to the pump islands. No service bays are proposed. Jim Phillipi of Northstar Engineering representing Phillips Petroleum, as present. Chuck Carmichael also appeared as attorney for the developer and owner and objected to the additional assessments and asked that they be deferred until an assessment hearing is held. Mr. Colbert stated that Project 11372 has not been assessed and is now pending. Ellison moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The lot coverage shall be no more than 20%. 2. The signage on the canopy shall be no more than 20% of each side. 3. No additional pylon sign will be permitted on this lot. 4. A variance to allow a 41 foot canopy variance along Diffley Road shall be approved. 5. There shall be no outside storage or display of goods. 6. The upgraded assessments shall be levied in the event that they have not already been levied against the applicant's property. All voted yes. R87-102 CEDRIC KIRCHNER - WAIVER OF PLAT An application of Cedric Kirchner for waiver of plat in order to split 22.06 acres of agriculturally zoned property into two separate parcels with different ownership along the west side of Highway #3, south of Cliff Road came next to the City Council. The purpose of the request is to allow the conveyance and recording of the separate parcels. There were no objections to the application and the Advisory Planning Commission recommended approval. A representative of the applicant was present. The staff members were concerned about the use of waivers and the issues that may arise in the future 16 Council Minutes December 17, 1987 ,F:' if waivers are continued to be allowed, including necessary easements. Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The 16 by 410 foot strip, the 16.25 acre parcel and the 3.51 acres abutting Dodd Road shall be combined into a single parcel. 2. No building permits or site development shall occur until platting takes place on the 20+ acre parcel. All voted in favor. R87-103 NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT The City Council again considered the application of Naegele Outdoor Advertising for conditional use permit for advertising sign on Highway #13. The minutes of the July 2, 1984 Council meeting were reviewed and there was no directions that the sign must be removed when the development takes place. The Council then renewed the motion for approval that was made at an earlier time, and the following conditions were imposed: 1. There shall be a minimum 20 foot setback from Highway #13 right-of-way. 2. The one-time sign fee of $2.50 per square foot shall be required. 3. Compliance with all necessary ordinance revisions. 4. -Subject to the back side of the double face sign being closed and that it be no higher than 40 feet from the base of the sign. 5. The sign shall be no larger than the most recent sign that was removed. 6. When Lot C is developed, the sign must be removed. The representative of Naegele agreed with the last condition. All voted yes. BERRY RIDGE ADDITION - PRELIMINARY PLAT, GUIDE PLAN AMENDMENT AND REZONING Application of Arcon Construction Co. for comprehensive guide plan amendment, rezoning of 1.47 acres of townhouse zoned property into two separate single family, and R-2 district lots containing 3 single family lots and one duplex lot, and a preliminary plat for the Berry Ridge Addition was brought to the Council. The 1987 Land Use Plan designates the area as D-III. 17 Council Minutes December 17, 1987 ; _ The proposal to replat the northern undeveloped portion of the Hilltop of Eagan plat was approved in 1983 to approve two buildings for a total of 28 units. The revised plat will compliment the single family homes on the north side of Berry Ridge Road much better than the multiple unit project, according to the staff. Mr. Hedges introduced the application and Scott Johnson appeared for the applicant. The APO recommended approval with certain conditions. There were no objections but there had been neighbors present at the Planning Commission meeting with certain concerns about the value and size of the proposed single family homes. Mr. Hedges stated that neighbors understood that the applicant did not object to complying with the covenants comparable to the neighboring single family residential plat. Mr. Johnson stated that the developer did not agree with the restrictive covenants and that Arcon will require plan approval for all homes built on the lots. In addition, Arcon will berm and landscape between the single family and multi-family lots. Egan moved, Ellison seconded the motion to approve the application for Comp Guide revision. All voted yes. Egan then moved, Ellison seconded the motion to approve the application for rezoning to R-1 and R-2 districts as requested. All voted in favor. Egan moved, Ellison seconded the motion to accept the Advisory Planning Commission recommendation to approve the application for preliminary plat, with the following conditions: 1. All standard platting conditions shall be adhered to. 2. The driveway for Lot 4 shall connect to Berry Ridge Road and a 20 foot setback shall be allowed if desired along Hilltop Lane. 3. The development shall be responsible for extending the existing outlet into Pond LP-63 to its normal water level. 4. All sanitary and storm sewer lines which were previously designated as private lines are required to be televised and their existing condition determined to be acceptable to City standards prior to the City accepting the line as a public facility and assuming perpetual maintenance responsibilities. 5. The developer shall abandon the existing 6 inch water main which connects the existing ' inch water main in Hilltop Lane with the existing main along the common lot lines between proposed lots 2 and 3, or assure the City that 7 1/2 feet of earth cover shall be maintained over the water main. 18 Council Minutes December 17, 1987 k 6. Staff approved berming shall be required along the southerly ends of Lots 1, 2, and 3. 7. The staff will work with the developer and representatives of the neighboring owners concerning the restrictive covenants for the property and in the event that there is no agreement, that the issue concerning covenants on the property will be returned to the City Council for its consideration. All voted yea. BUFFER HILLS 2ND ADDITION - PRELIMINARY PLAT The application of Donald Christenson for preliminary plat approval of Buffer Hills 2nd Addition, covering Lot 5, Buffer Hills Addition, into four single family lots on 2.1 acres was next reviewed. The Buffer Hills Addition was approved in 1978 for 7 single family lots and a townhouse unit on Lot 4. There are currently homes on Lots 2, 3, 4, 5, and 7. Each of the proposed lots would exceed the single family code standards, and the largest lot with frontage on Fish Lake would be subject to the City Shoreland Ordinance. Mr. Colbert recommended the extension of a street to the east from the cul-de-sac. Brad Swenson and Mr. and Mrs. Christenson were present for the applicant. Mr. Swenson indicated that the owner will put in utilities privately but the street easement to the east would be a problem because of the slope of the lots. Don Christenson explained that he would not favor the street easement to the east because of the steep grade and the large standing oak, and indicated it would create a hardship in his development. Smith moved, Egan seconded the motion to approve the application without the street easement, noting the hardship that would be created and subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. Lot 2 shall be subject to the City's Shoreland Ordinance. All voted positively. SEE PLAT FILE HAMPTON INN/EAGANDALE CENTER INDUSTRIAL PARK 9TH ADDITION REZONING, PRELIMINARY PLAT, COMPREHENSIVE GUIDE AMENDMENT AND CONDITIONAL USE PERMIT An application of Opus Corporation for rezoning 7.8 Light Industrial and General Business zoned acres to Roadside Business, Planned Development district and preliminary plat of 33.78 acres, comprehensive guide plan amendment and conditional use permits for 19 Council Minutes December 17, 1987 pylon sign and building height in excess of 35 feet was brought to the Council. The proposal would be to provide that the 3 acres of General Business at the corner of Lone Oak and Lexington would be eliminated with 7.3 acres proposed planned development zoning. Lot 1 would include a Class I restaurant, Lot 2 would have a 123 room hotel, Lot 3 a health club or high tech industrial building, all in Lot 1. Lots 1, 2, and 3, Block 2, would include office or retail, office, or office and high tech industrial. Bob Worthington was present and stated the focus of the proposal would be a four story 123 room Hampton Inn Hotel located adjacent to I-35E, which would be the third hotel within the Eagandale campus. The plan will be to subdivide the property and create two major streets with Hampton Drive and Hampton Way, noting that the street easterly to Lexington Avenue is necessary because there would be only a right-turn in and right-turn out from the street connecting Lone Oak Road. A display of potential uses for the balance of the property, other than the motel and restaurant, was also reviewed. Greg Nuke, the architect, was present and described the Hampton Inn Hocel briefly. Wayne Morris of the Oak Leaf Hotel Group of Memphis, Tennessee also appeared and indicated there would be no restaurant for outside persons, and limited service for hotel residents only. He noted that there are 150 Hampton Inn Hotels open, and the plan is to have 300 open by 1990 throughout the country. This hotel would be the fourth in the twin cities area. Ar. Hedges discussed the potential architectural compatibility of the proposed health club and Bob Worthington indicated that it would be compatible and there would be controls on the architecture and development of the entire site. Councilman Egan discussed the liquor license and Mr. Morris said that no liquor license application would be requested for the restaurant or motel. Mr. Hedges recommended that covenants should be reviewed and approved by the City for architectural compatibility. Four additional oonding sites will be included at the present time to solve the storm sewer problem, to hold the storm sewer water. Smith moved, Egan seconded the motion to approve the application for comp guide revision. All voted yes. Ellison moved, Smith seconded the motion to approve the application for rezoning as submitted. All voted yea. Egan moved, Smith seconded the motion to approve the application for preliminary plat with the following conditions: 20 Council Minutes December 17, 1987 1. That covenants be prepared and submitted to the City for its review and approval, covering architectural compatibility of the entire development. 2. All standard platting conditions shall be adhered to. 3. A planned development agreement shall be entered into for the three lots and the length of the PD shall be determined with this plat. 4. All signage as proposed shall be approved and subject to the $2.50 per square foot one time sign fee. 5. The restaurant development shall be reviewed and approved by the Advisory Planning Commission and City Council prior to the issuance of the building permit. 6. The parking stall number and size shall be approved according to the site plan for the hotel. 7. All mechanical equipment and trash enclosures shall be screened or incorporated into the building design constructed with the same material as the building. 8. The development is responsible for providing the properly sized storm sewer outlets to Ponds DP-3 and DP-l9 as needed to serve the proposed development. 9. A landscaping plan approved by the City shall be submitted prior to final plat. All members voted yes. Ellison then moved, Smith seconded the motion to approve the application for the pylon sign, 25 feet in height and 180 feet of interior lighted signage, and in addition, the conditional use permit for the construction of a hotel to allow 4 stories, subject however, to compliance with all other City requirements. All voted in favor. Upon motion by Egan, seconded by Smith, it was resolved that the Petition for feasibility report for Project #528 consisting of street and utility improvements in Eagandale Center Industrial Park 9th Addition be accepted, and that the consulting engineer be authorized to prepare a feasibility report for the project. All councilmembers voted affirmatively. SEE PLAT FILE 21 Council Minutes December 17, 1987 GOPHER SMELTING COMPANY John Tapper of Gopher Smelting Company appeared within the Visitors to be Heard portion of the meeting, and requested a building permit for Consolidated Freightways on Yankee Doodle Road prior to filing of the final plat. He indicated that there had been delay due to the access problems to Yankee Doodle Road on the west side of Highway *149. Mr. Colbert explained that the access issue on the west side did not relate to the access on the east side where Consolidated Freightways proposed to be located and had no objection to the request, noting the hardship to continue the application. Egan moved, Smith seconded the motion to approve the application, based upon the hardship described by Mr. Tapper. All voted in favor. SUNRISE HILLS ADDITION - FINAL PLAT The application for final plat approval of Sunrise Hills Addition was brought to the City Council and it was recommended that it be approved, subject to street name change to Wescott Hills Drive. Egan moved, Ellison seconded the motion to approve the application, with the condition as recommended. All voted in favor. R87-104 SUNRISE HILL ADDITION - EASEMENT VACATIONS A Petition had been received to vacate an old metes and bounds description for a ponding and utility easement within the recently platted Sunrise Hills Addition. Upon motion by Smith, seconded Egan, it was resolved that the request be received and that a public hearing be scheduled for January 19, 1988 at 7:00 p.m. at the City Municipal Center. All voted positively. CLIFF LAKE GALLERIA - MUNICIPAL STATE AID STREET ALIGNMENT Mr. Colbert stated that the proposed street connecting Rahn and Blackhawk Roads under the Cliff Lake Galleria project meets all requirements and is eligible for a designation as a municipal state aid street. The designation must be approved by official Council action prior to the end of the calendar year, preceding the proposed construction and recommended approval of the Resolution, designating it as a state aid street. Smith moved, Egan seconded the motion to approve the resolution designating the street as municipal state aid and authorize the Mayor and City Clerk to execute the related documents. All voted yes. R87-105 22 Council Minutes December 17, 1987 JOHNNY CAKE RIDGE 4TH ADDITION - EASEMENT VACATION A Petition had been received from Good Value Homes for hearing to vacate the blanket drainage and utility easement over the common open space in Outlot B of Johnny Cake Ridge 4th Addition to accommodate Johnny Cake Ridge 5th Addition development. Blomquist moved, Smith seconded the motion to receive the petition and to schedule a public hearing for January 19, 1988 at 7:00 p.m. at the City Municipal Center for the vacation, with the understanding that neighbors will be contacted regarding the vacation process. All voted yea. JOHN HOHENSTEIN City Administrator Tom Hedges recommended to the City Council that John Hohenstein's salary be increased approximately 5%, due to the Cable T.V. responsibilities that he assumed. Ellison moved, Egan seconded the motion to accept the recommendation, allowing for 5% retroactive increase for three months, with the understanding that Burnsville has provided for a similar increase for its assistant administrator with Cable duties, which amount will be paid from the Cable budget, or from the General budget. All voted yea. PHOTOCOPY MACHINE Tom Hedges discussed with the City Council the proposed purchase of a Kodak photocopy machine as an upgrade of the existing photocopying machine at City Hall. No specific action was taken. SPECIAL CITY COUNCIL MEETING Councilman Smith discussed briefly the National League of Cities Convention in Las Vegas and indicated that he was submitting a report regarding his attendance at the meeting. He recommended a special meeting of the City Council for December 30, 1987 to include a discussion regarding the National League of Cities Convention. A special meeting was scheduled for December 30, 1987 at 7:00 p.m. at the City Hall. CHECKLIST Egan moved, Blomquist seconded the motion to approve the following checklist dated November 30, 1987 in the amount of $1,728,120.95 and also the checklist dated December 17, 1987 in the amount of $929,811.89. All voted yea. 23 Council Minutes December 17, 1987 Y s Egan moved, Blomquist seconded the motion to approve the request of Charles Hall for payment of attorney's fees regarding the Bieter lawsuit, in which he was named as a deponent. All voted in favor. The City Council at a special meeting on December 30, 1987 will adopt a motion approving expenses of former Councilmember Jim Smith incurred at the National League of Cities conference in Las Vegas in December. ADJOURNMENT Upon motion duly made and seconded, the regular meeting adjourned at 12:10 a.m. PHH Cit lerk 24