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02/03/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 3, 1987 A regular meeting of the Eagan City Council was held on Tuesday, February 3, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge. After the pledge of allegiance, the Mayor convened the meeting at 6:30 P.M. It was noted the Burnsville/Eagan Cable Television was broadcasting the meeting live over the cable T.V. system. It was further noted that a Court reporter was present at the request of The Bieter Company, and was recording the Council meeting. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as distributed. All voted in favor. MINUTES Wachter moved, Ellison seconded the motion to approve the minutes as distributed. All voted yea. FIRE STATION # 4 - ARCHITECT SELECTION City Administrator Tom Hedges reviewed with the City Council, the selection that the Architectural Committee had made for an architect for Fire Station # 4. The recommendation was that Arthur Dickey Architects located at 4930 France Ave. South, Minneapolis, Minnesota be selected as the architect. Fire Chief Ken Southorn was present and also recommended approval of Arthur Dickey Architects, as did Councilman Wachter. Wachter moved, Egan seconded the motion to approve the selection of Arthur Dickey Architects to do the architectural work for the proposed Fire Station # 4. All members voted yes. 1 Council Minutes February 3, 1987 DAKOTA COUNTY FUNCTIONAL CLASSIFICATION SYSTEM City Public Works Director Tom Colbert reviewed with the City Council a preliminary functional classification system adopted by the Dakota County Board covering streets and highways within the County. Mr. Colbert noted the four roads consisting of Cliff Road, Highway #149, Lexington Avenue, and Lone Oak Road from Highway #13 to Pilot Knob Road that were not consistent with Eagan's classification. After discussion, upon motion by Wachter, seconded Egan, it was resolved that the council instruct the staff to negotiate with Dakota County primarily concerning the functional classification for Cliff Road, designated a minor arterial by the City, and major arterial by the County, and also to review Lexington Avenue and Lone Oak Road with the aim of restoring the City designation. All members voted affirmatively. Councilman Wachter questioned the speed designation of certain City streets, and had concerns, but no formal action was taken at the present time. GALAXIE ROAD - SPEED John Ulness of 4715 West Wind Trail, submitted a letter objecting to the alleged traffic speed violators on Galaxie Avenue, south of Cliff Road. Chief Berthe was present and suggested a survey be taken with the proposal to cite violators. The police department was requested to do a speed study and report its findings to the City Council at a later time. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 1. Personnel Items. a. Temporary Planning Aid. Because Marilyn Wucherpfenning, the Planning Aide in the Planning Department, is on temporary leave for medical disability, it was recommended that Shannon Tyree be hired as a Temporary Planning Aide beginning January 27, 1987 for approximately 6 weeks. b. Contractual Sign Inspector. It was recommended that Donna M. Rollins be hired as the City's contractual sign inspector on approximately a 20 hour per week basis, effective February 4, 1987. c. Police Secretary. The recommendation was made that Linda Bendt be hired as police secretary, effective February 2, 1987. d. Police Clerk/Typist. The recommendation was to approve the advertisement for replacement for part-time police clerk/typist position. e. Part-time Police Dispatcher. The police department recommended the hiring of Lynn Lipinski-Pesek for part-time police dispatcher position contingent upon successful completion of the City's physical and psychological examination requirements, effective February 3, 1987. 2 Council Minutes February 3, 1987 2. Approve Purchase of Dump Truck Vehicles #113 & #124. It was recommended that the bid through the Hennepin County Purchasing Unit for two dump trucks #113 single axle dump truck and vehicle #124 tandem axle dump truck, in the amount of $90,721.00 be approved. 3. 1987 Traffic Lane Striping - Joint Powers Agreement. A Joint Powers Agreement was recommended to be approved between the cities of Burnsville, Apple Valley, Lakeville, Savage and Eagan for 1987 traffic lane striping. Upon motion by Smith, seconded Wachter, it was resolved that the foregoing consent agenda items as presented, be authorized and approved. All voted affirmatively. AIRPORT ADEQUACY STUDY INFORMATION A memo was attached to the Council packet regarding the proposed MSP Airport Adequacy Study to be performed by the Metropolitan Council. John Hohenstein prepared a Memorandum asking whether the City Council would assist in the funding of the airport adequacy study. Mr. Hedges described the recommendation of the Metropolitan Council request for funding from affected area metropolitan cities. Councilman Ellison opposed the study and emphasized that the present location of Minneapolis-St. Paul International Airport is important for the economy of the general area. Mayor Blomquist and Councilman Smith also spoke in opposition to the funding, and no action was taken. LAKEVILLE POLICE CHIEF LETTER - EAGAN POLICE DEPT. A letter from Richard Radermacher, Chief of Police in Lakeville, commending the Eagan Police Department in resolving a potentially dangerous homicide on January 22, 1987, was noted by City Council members. E-Z MINI STORAGE - VARIANCE The staff brought to the City Council a variance request covering the 25 foot setback for the E Z Mini Storage buildings along Highway #13. By inadvertence, they were not built 50 feet back from the State Highway right- of-way, noting that one point of the building comes as close as 25 feet, the fact that it is a very low building in relation to the right-of-way, and the improved roadway is not close to the edge of the right-of-way. Smith moved, Ellison seconded the motion to grant the variance of 25 feet. All members voted yes. 3 Council Minutes February 3, 1987 ENGINEERING DIVISION - REORGANIZATION The Public Works Director recommended that the Council authorize the elimination of the Engineering Tech I, II, and Engineering Aid III designations, and to designate all positions as Engineering Technicians, with one position as a Senior Technician/Supervisor. After review, upon motion by Smith, seconded Egan, it was resolved that the Council approve and acknowledge the titles for Engineering Tech positions as requested. All members voted in favor. E-Z AIR PARK - STORM SEWER - PROJECT #486 Mayor Bea Blomquist then convened the public hearing for Project #486 consisting of storm sewer for the E Z Air Park development. Tom Colbert opened the discussion and Mark Hanson described the project in some detail. Mr. Hanson indicated that the assumption was that there would be no cost for easements for the project and indicated that a crossing on the north side of the railroad right-of-way would be required between K. W. McKee and Contract Beverages. Dan Keefe, on behalf of K.W. McKee, appeared and stated there would be no objection, except that the loading dock should not be interrupted. He stated that K. W. McKee has had no problem with drainage and would oppose any special assessments. Joe Wachter for Contract Beverages, was present and argued that there was no runoff or drainage problem and opposed special assessments being levied. He discussed with the City Council the proposed rerouting and noted that money would be saved by being located near the Contract Beverage building, and indicated that Contract Beverage would grant an easement if there are no special assessments levied. Councilman Smith suggested constructing the project but eliminating the catch basins in the parking lot and then charge the affected owners in the future when drainage is required. Several other alternatives were discussed, including a pond in the E-Z Air Park property. Councilman Smith moved, Wachter seconded the motion to continue the public hearing to the February 17, 1987 regular meeting to allow the staff to explore alternative designs for the ponding area, and further to contact E-Z Air Park owners regarding the alternates. All members voted yes. BLACKHAWK ROAD - STREET IMPROVEMENTS - PROJECT #488 The next public hearing convened by Mayor Blomquist covered Project #488 consisting of street improvements on Blackhawk Road. Mr. Hedges indicated that as a condition of the approval of Blackhawk Plaza Shopping Center at the northeast corner of Blackhawk Road and Diffley Road, the developer was required to submit a petition requesting the upgrading of Blackhawk Road and Diffley Road to the northern limits of the commercial addition. Tom Colbert briefly introduced the project and Mark Hanson described the proposed improvements in some detail. He noted the deficit of $274,000.00, which would be partially funded by MSA funds, and explained the street, storm sewer and trailway improvements proposed. 4 Council Minutes February 3, 1987 y A number of affected property owners appeared, including Sharon Hanson of 4105 Blackhawk Road. Her concerns were about the trailway on the west side, and two pine trees within the right-of-way, adjacent to the Hanson property. There were suggestions about an alternate location for the pathway, closer to the curb, moving the trees and replacing the smaller trees, and also the safety issues and snow storage problems that could result. Mr. Colbert suggested that the tree damage could be minimized and the general consensus of the councilmembers was to save the trees, if it could be done, and also to maintain a reasonable safety design. Councilman Ellison recommended the trail be located closer to the street, so as not to jeopardize the trees, but indicated that owners should understand that if they plant trees within easements, that they may be removed when improvements occur. Councilman Smith proposed reducing the width along the west side to 5 feet. Maynard Ohm, owner on the west side of Blackhawk, questioned the two bike paths, and also the steep bank along his property. The reduction in the width would improve the problem, however. He also questioned the storm sewer assessments and it was noted that his property was within the Art Rahn Addition, and the developer of the plat had spread the storm sewer assessments at the time of the platting. Austin McDevitt, 4165 Blackhawk Road, had the same slope and retaining wall concerns and noted that he placed shrubs and trees on the slopes, possibly within the easement area. Larry Allen, of 4102 Blackhawk Road, had concerns about cutting off his access because of the extremely steep driveway resulting on his property at parcel #010-78 on the east side of Blackhawk Road. He stated the steeper slope may make it impossible to get access to his home. Myran Sellars from Kathryn Circle, questioned whether the open ditch drainage will be changed. Mr. Colbert stated that the intent is to pick up existing drainage through a pipe. Bill Olson of 4049 Blackhawk Road had objections to the assessments and Scott Peterson also questioned the proposed assessments. The question arose as to whether there would be No Parking signs along Blackhawk Road, and Mr. Colbert answered that there would be a restriction to parking from Diffley Road to Kathryn Circle. LeRoy Groff of 4195 Blackhawk Road asked about the median breaks near Diffley and requested consideration of median breaks to accommodate the single family owners in that area. Councilman Ellison recommended avoiding the concrete median and investigating using striping as an alternate. MSA funds are being used for the project and therefore, the city standards must be followed, according to Mr. Colbert. Egan moved, Wachter seconded the motion to close the hearing, to order in the project, with the trail modification on the west side, according to council directions and authorize preparation of the plans and specifications. All councilmembers voted in favor. 5 Council Minutes February 3, 1987 LONE OAK 2ND ADDITION - PROJECT #492 - STREETS & UTILITIES The public hearing regarding Lone Oak 2nd Addition streets and utilities under Project #492 was convened by the Mayor. The feasibility report was described by Mr. Colbert and by Mr. Hanson, covering improvements in the north area of the City, north of the Northwest Airlines property. Thomas O'Neil of 8030 O'Neil Drive appeared and had no objections to the project. There being no objections to the proposal, and after a detailed description by the consulting engineer, Smith moved, Wachter seconded the motion to close the hearing, to order in the project and to authorize the preparation of detailed plans and specifications and the easement acquisition as necessary. All councilmembers voted affirmatively. TOWN CENTRE 100 PROFESSIONAL BUILDING A request was made from the partners of the Town Centre Professional Building to move the inside trash storage requirement to an exterior trash container. Laura Marks appeared and indicated that Federal Land Company, which originally had objected to the outside storage, had now withdrawn its objection, and Martin Colon appeared and stated that there was no objection on behalf of Federal Land Company. A diagram of the proposal was submitted, indicating a 5 foot high wall, door and lattice over the top of the enclosure. Ellison moved, Egan seconded the motion to approve the request for change to outside trash storage location, according to the plan submitted. All voted in favor. COMPREHENSIVE GUIDE PLAN UPDATE At 8:35 p.m. Mayor Blomquist opened the discussion concerning the updated 1986 Comprehensive Plan revision. Tom Hedges introduced the subject and stated that the Advisory Planning Commission at its regular meeting on January 27, 1987 reviewed the findings of the December 9, 1986 public hearing and all of the written documents that were submitted to the City, and recommended approval of the update, based upon a Resolution including certain revisions to the amendment document, and the Land Use Guide Plan Map. On January 29, 1987, the Advisory Planning Commission discussed the designation of CPD and reaffirmed the steps that were taken on January 27, 1987, that all the CPD designations should remain as proposed on the Comprehensive Guide Plan Map dated November 1986. Several maps portrayed the request for changes on the drawings and Mr. Hedges indicated that several residents were concerned about the Zylka parcel at the southwest corner of Galaxie Ave. and Cliff Road. They questioned whether an LB or CPD designation was appropriate. Mr. Hedges stated there were nine parcels designated CPD, including Parcel No. 3 on the map portrayed during the meeting. Parcel No. 5 consisting of the Opus property on Lone Oak Road and I-35E, and also the parcel formerly designated R-1 owned by Vincent Kennedy, at the northeast corner of Yankee Doodle Road and Highway #13 were also changed. 6 Council Minutes February 3, 1987 Consulting Planner John Voss was also present and explained the CPD designation, indicating it was a recognition generally of what exists by agreements. Some uses indicated that LB ought not to be classified in that district, such as some certain types of restaurants. Parcel No. 3 at the northwest corner of #149 and #55 was discussed, and the owner had agreed to a planned development use, with the requirement that an agreement will be required at some time in the future. Mr. Runkle explained certain features of parcels No. 12, 13, 14, 15, 16 and 17, on the current map. Mayor Blomquist suggested that there be minor changes in the draft and the map, and Councilman Egan had concerns about the freeway development. He indicated that it was his opinion that there ought to be provisions for freeway development in the amendment to be submitted to the Metropolitan Council. The Planning Commission requested further study so that it could be included in the future. In addition, Mr. Egan recommended that R & D be retained around Country Home Heights, noting that would avoid future disputes as to the use of the property. Councilman Wachter favored leaving the freeway designation to cut down on the Metropolitan Council processing time in the future. He also suggested that the neighbors around the Zylka property meet with the owners to discuss the uses for the parcel. Mr. William Sowles appeared on behalf of the owners of the Zylka property. Councilmembers generally agreed to leave the Zylka property LB on the plan. Mary Winchester of 1820 Karis Way appeared and indicated that she was not able to speak at the Advisory Planning Commission meeting, but presented objections to the commercial uses on the Zylka parcel, and suggested considering it for residential purposes. Councilman Egan indicated that the committed use for Parcel No. 5 was for the Residency Inn, so the recommendation was made to revise Parcel No. 5 to provide for CPD only for the Residence Inn location. There was also discussion concerning the Cole property, and the contention was to provide for CPD on that parcel. Wachter moved, Egan seconded the motion to receive the Comprehensive Guide Plan amendment and the Comprehensive Guide Plan Map as submitted by the Advisory Planning Commission according to the Resolution submitted by the Advisory Planning Commission, with the following revisions: 1. To provide for CPD use designation for the Richard Cole property at the northeast corner of the City. 2. That freeway zoning wording be included in the amendment to be submitted to the Metropolitan Council, and that the staff and the Council work out criteria for freeway zoning within the next year. 3. That R & D zoning around the Country Homes Heights area be included on the map. At 9:35 p.m., all members voted in favor. 7 Council Minutes February 3, 1987;'. I-35E DIFFLEY CENTER ADDITION - PRELIMINARY PLAT & REZONING The City Council then entertained the application of the Bieter Company for rezoning from A (Agricultural) to RSC (Regional Shopping Center), and for approval of the preliminary plat of I-35E Diffley Center Addition at 9:35 p.m. It was again noted that a court reporter was present to cover the proceedings. Mayor Blomquist opened the discussion and made the following statement: "I would like to state before we open this item to the public that this is an issue of zoning. All comments made by those who wish to speak should pertain to zone planning for the City only those uses under proposed zoning and those uses under the current comprehensive plan. The public hearing was held at the December 9, 1986 meeting and continued to the January 27, 1987 meeting of the APC. I would ask that only new information be given, something that has not been made of record before. I would ask that comments about potential users not be made. This is not an issue of who uses the land. This is an issue of a zoning change and its impact on the City of Eagan and its residents. The developer has had the chance to present the users to the members of the City Council at previous and open joint Planning and Council meetings. We have received all of the written information available regarding this proposal. The members of the APC, letters, minutes of joint meetings, staff reports, and all other written information has been reviewed by the Council." City Administrator Tom Hedges then reviewed in detail the proceedings before the Advisory Planning Commission, the reports that were prepared by the staff and the written submissions and noted that there have been several presentations by the applicant to the Planning Commission and City Council to date. Mr. Runkle introduced the application and described the proposal, including Comp Guide revision, rezoning and preliminary plat. It was suggested that the Council deal with the zoning and land use initially, and then also with the preliminary plat during the same process. Peter Jarvis, and other representatives appeared on behalf of the applicant, and Mr. Jarvis requested additional time for an adequate presentation. Mayor Blomquist stated that she would entertain the presentation regarding the use of the land, but not the users. Mr. Jarvis laid out an agenda, including a review of the history, the market implications, the project, traffic, uniqueness, content, qualifications, questions, public input, and summary. Ron Cornwell described his involvement in Eagan since 1972 and indicated that he was involved in the purchase of the land in 1978 and that he now has users in hand for a portion of the project. Mr. Jarvis made a request for RSC 8 Council Minutes February 3, 1987 land use from D-II and introduced Dennis Klohs who stressed the need for market studies for retail uses. 56 acres are intended for retail, 11 to 12 acres for recreational, 8 to 10 acres for office and associated uses, and some restaurant service pads are planned, according to Mr. Jarvis. He described the surrounding uses and indicated it was not necessary to use residential streets for access to the commercial development. Dick Wolsfeld of BRW described the traffic impact and stated that if the transportation plan is built, it could accommodate the additional traffic. He also agreed with the findings of Strgar-Roscoe regarding its transportation study. He further stated that the developer will pay 100% of the cost of the applicable traffic signals in the area. Jerry Noyce of Northwest Racquet Club was then introduced and he described the premature timing but stated the purpose is to participate in the proposed development of the area. Hugh Thorson, a partner, read a statement about the general development in the City and the impact of the proposal on the economy and employment. He stated there would be no subsidies and no tax exempt bonds are being requested. The purpose is convenience to residents in Eagan and he commented the market competition is also desirable. Councilman Ellison asked questions including the following: 1. Would there be any traffic problems after the development? Mr. Wolsfeld said there would be no problem immediately after development, and also 20 years into the future, adding all other traffic and an increase in 4% per year. By the year 2007, they may need some isolated turning movement designs to handle the projected traffic at that date, and these designs could be incorporated at the present time. 2. Of the 1,000 person employment projections, how many would be minimum wage jobs? Mr. Klohs stated it was uncertain as to the percentage, but a large number would be at low income levels. Councilman Egan noted that the change in the RSC concept for the City in recent years, compared to the former Dayton-Hudson site, where 4 anchors were contemplated. Mr. Jarvis noted the change in the RSC concepts since 1968 and acknowledged that RSC was what was planned. Mr. Klohs mentioned that the parcel is inappropriate for CSC and that the developers used the City Code for the RSC designation. There will be soft lines, but there will not be a Daytons, Donaldsons or Penneys on the site. Councilman Egan noted that Mr. Jarvis stated in 1983 during the proceedings regarding the proposed race track site in Eagan, that the City could not support RSC development. He asked Mr. Jarvis if his definition of RSC has changed to allow for change in the current proposal of 735,000 square feet. Mr. Jarvis answered that the aggregate square footage at a regional level for two level mall will not be developed within Eagan and the scale has been changed downward. 9 Council Minutes February 3, 1987 Members of the general public were then given an opportunity to speak. Craig Johnson asked a question about additional traffic from Lexington and Diffley commercial center, and Mr. Colbert stated that no study of transportation for that site has been done, and explained in detail the transportation study that has been completed and planned. Mr. Runkle also noted that there is presently an application for 25 acres for residential use with the commercially zoned property at Lexington and Diffley. Dave Freiberger spoke in favor, and stated that Eagan has a low amount of commercial uses relative to other cities. Warren Beck of Laukka-Beck Eagan, acknowledged the Dayton-Hudson site is no longer intended for regional shopping center use. He later concluded that that site was not applicable for a major retail site but recommended that the Bieter proposal is responsive to the needs and more appropriate in light of other commercial development in the area. He encouraged the Council to consider the actual uses for the site and recommended approval of the 35-E Diffley site. Arnold Carlson recommended that zoning keep up with the demands, and spoke in favor of the rezoning, and recommend the Council allow additional commercial uses in the City. He objected to the City's zoning practices. Beverly Rich, 1855 Silver Bell Road, a realtor, stated that she was committed to sound land use planning and spoke in favor of the proposal. She noted three issues: 1) type of development, 2) location of development, and 3) who will develop. Her comments regarding these issues were that Target and Northwest Racquet Tennis are attractive retail and service uses, the location is favorable, there are no land acquisition problems and no insurmountable traffic problems. She further argued that it was not speculative, that it was creative and ready for construction. It is not a haphazard change in use, the developers are responsible and the City can control the development, and she recommended approval. Dan Dolan, a representative of the owner to the south, and adjacent to the site, stated that prior to 1980, the northerly portion of that site was zoned commercial and there was a change to multi-family at that time. He recommended approval. Vic Nelson of 4992 Hilltop Lane, representing the Hilltop Condo Association, appeared and opposed the project. He favored the current master plan and argued there is ample commercial land in Eagan. Allen Gilbert of 4568 Oak Chase Road stated the best use of the property is commercial. The Mayor, at 10:55, stated she would cut off the public comments, but the Council did allow further comments. Richard Croke indicated that many people who were at the Advisory Planning Commission hearing on January 27, 1987 were not present at the current Council meeting and it was not a good indication of the arguments against the project. David Jones favored the project and Ray Kaufenberg of Clemson Court opposed because of the residential street access problems. 10 Council Minutes February 3, 1987 Poe Teres Murphy of Dominium Group favored the project and suggested it would support the residential area. Donna Loff of Slater Court, favored the project and Colleen Sjogren of Teal Court stated that she looked at the Comprehensive Guide when she moved to the City and trusted that there would be no changes. At 11:00 p.m., Peter Jarvis then made some further statements and indicated that the applicants were requesting two items: the use and the zoning change. He argued that conditions have changed to warrant a revision in the use and made the following comments: 1. The staff reports have been favorable. 2. The project is good for the City at the present and the future, including good access. 3. There are changed conditions regarding I-35E which now has a full diamond; I-35E was moved easterly because of Blackhawk Lake; Thomas Lake Road now must go through the site; and Agricultural use is inappropriate and conditions have warranted a change to RSC development. Mr. Jarvis further indicated there are four competing sites, and owners of the three have objected to the proposed change. He further stated there are only 40 acres of contemplated retail in the 400 acre Laukka-Beck project. The Hoffman proposal, he argued, does not conform with the planned development stipulations, and a request has been made to reduce the commercial area at the Lexington and Diffley commercial site. Councilman Ellison then lead off the comments from the City Council and noted that it was a very exhaustive project, with the real question being what is the land best suited for. He noted four issues including: 1. Role of the Comprehensive Guide. 2. Need for commercial uses in the City. 3. The effect on the tax base. 4. The effect on the transportation system. He stated it was his opinion that there is a need for additional commercial use. The transportation study shows an increase in traffic if used for commercial purposes, from 21,000 to 25,000 traffic count, and comparing the slight difference is not a compelling reason to vote no. He further noted that Pilot Knob Road and Yankee Doodle Road may become a traffic problem area and it would be best to disburse the traffic pattern. In questioning the best land use for the site, he stated it is not a good site for residential, but is a prime location for commercial. 11 Council Minutes February 3, 1987 Tom Egan then noted that the most important issue is that of fairness. He asked to what extent the residents can rely upon what the City Council and the City staff does, and stated that an analogy is the Dayton-Hudson site request for single family development in approximately 1980. Council did not allow the single family development because it did not conform with the use designated. He further stated that there is no longer an RSC site in Eagan because the Dayton-Hudson project has now changed its use designation. Clearly, the project will increase the traffic, the users are important, they expect that other users will also come into the City, there are City-wide ramifications and if the project is approved, they would have no valid reason to deny up to 400 additional acres to be rezoned to commercial uses and the City already has a high percentage of commercially designated property, in relation to other cities. He further noted the question of reliance and fairness are primary and the Council should act consistently. Councilman Wachter then made a statement to the effect that the site is possibly appropriate for office park, or for Limited Business purposes, and clearly the land will increase in value. The retail development in existence in Eagan at the present time is below the average but this is not an appropriate site for that purpose. He stated that it was his opinion that traffic impact will be greater, and the impact on Cedar Grove area residents generally would be significant. Councilman Smith stated that commercial users will end up elsewhere in the community and he stated that he agreed with many of the opposition arguments and would not support the project. Mayor Blomquist noted that the study concluded that there is more commercially designated land than required and that some owners are now proposing to down-zone their commercial property. The Comprehensive Guide has been relied upon and that she could not vote for a change. City Attorney Paul Hauge recommended voting on the Comprehensive Guide change initially, then vote on the application for rezoning with a 4/5 majority required to act favorably for each, and thirdly, to vote on the application for preliminary plat approval, if the first two changes are approved. At 11:35 p.m., Councilman Smith moved and Councilman Wachter seconded the motion to accept the recommendation of the Advisory Planning Commission and to deny the request for change in the Comprehensive Guide Plan for the reasons that were provided by the Advisory Planning Commission in its Resolution recommending denial of the application, and for the additional reasons included in the Resolution attached and made a part of these Minutes. Those in favor were Smith, Wachter, Egan and Blomquist; against was Ellison. Egan then moved, Smith seconded the motion to deny the application for rezoning from A (Agricultural) to RSC for reasons also included in the Resolution attached to these minutes. Those in favor were Smith, Wachter, Blomquist and Egan; voting against was Ellison. R 87-2 12 Council Minutes February 3, 1987 Mayor Blomquist then submitted to the City Council and the representatives of the applicant present, the problem that has arisen regarding compliance with the Eagan grading and excavation ordinance concerning grading on the site, noting that there are some excavation requirements that have not been fulfilled by the developer. Ron Cornwell requested the information be submitted in letter form to the applicant by the staff. At 11:40 p.m. the consideration of the application was then closed. SPLASHLAND WATER PARKS - DIVISION OF PARCELS A request was made to the City on behalf of Splashland Water Parks to split two parcels of property for tax identification purposes. A letter from the attorney for Splashland was reviewed which indicated that Splashland had agreed to assume responsibility for all levied and outstanding special assessments against Parcel 011-54 and a memorandum from Finance Director VanOverbeke dated January 26, 1987 stated that he was satisfied with the appropriate authorization to respread the special assessments, and could be complied with. Any further development would require additional formal action by plat application or waiver of platting. There were no objections to the change and Tom Webster and Roger Slater appeared and recommended approval. Wachter moved, Egan seconded the motion to approve the request for division of the real estate according to the proposal, and staff was directed to implement the split covering Parcels 015-05 and 011-54. All members voted in favor. R 87-3 EAGAN CONVENIENCE CENTER - SIGN PERMIT An application for special permit to allow a second building-mounted sign totaling 110 square feet for Ali Haghighi on the east side of the Eagan Convenience Center was submitted for consideration. Dale Runkle described the application. Councilman Smith stated that Krestwood Lane is not a major street and every comparable tenant would request such a permit if granted. Ali Haghighi was present and cited other buildings with two signs in the general area. Smith moved, Ellison seconded the motion to deny the application based upon the reasons mentioned above. All members voted in favor. CEDAR CLIFF 3RD ADDITION - WAIVER OF PLAT An application by Jerome and June Thompson requesting approval to split a duplex lot for Lot 10, Block 2, Cedar Cliff 3rd Addition at 4551 and 4553 Scott Trail, was brought to the Council. There were no objections and Egan moved, Wachter seconded the motion to approve the request. All voted in favor. 13 Council Minutes February 3, 1987 NORTHWESTERN BELL - WAIVER OF PLAT An application of Northwestern Bell to combine a 40 foot by 50 foot parcel with existing utility building located along Lexington Avenue, was next brought to the Council for its review. The Planning Commission recommended approval, subject to certain conditions and a representative of Northwestern Bell was present. Upon motion by Wachter, seconded Egan, it was resolved that the application be approved, subject to the following conditions: 1. A parks dedication fee shall be required. 2. Additional appropriate landscape material shall be provided. 3. All applicable Code requirements shall be complied with. 4. The applicant shall remove the existing access at its expense at the time the new access is available. All voted yea. R 87-4 CHAPEL HILL BAPTIST CHURCH - REZONING & PRELIMINARY PLAT The application of Chapel Hill Baptist Church for Comprehensive Guide Plan amendment from R-2 to Public Facilities and preliminary plat approval for Chapel Hill Baptist Church and rezoning of a 9 acre parcel on Pilot Knob Road, south of Cliff Road next was heard. Dale Runkle reviewed the application and representatives of the applicant were present. It was noted the cost would be about $10,000.00 to install a private well and septic system and there were concerns about not having municipal services available. Councilman Ellison moved, Councilman Egan seconded the motion to approve the application for Comp Guide amendment as requested. All were in favor except Smith who voted no, objecting to the allowance of construction without municipal utilities. Egan moved, Wachter seconded the motion to approve the application for rezoning. All voted in favor except Smith who voted against. Wachter moved, Egan seconded the motion to approve the application for preliminary plat approval, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. The parks dedication shall be deferred until the use changes from a public facility use. 3. The septic tank system shall be designed in accordance with the MPCA Manuel WPC 40. An on-site inspection will be performed by City staff to ensure proper installation. 4. All parking stalls shall be 10 feet in width with double loaded parking area aisles 24 feet in width. 14 Council Minutes February 3, 1987 5. All signage above 7 feet shall require conditional use permit approval. 6. A landscape plan shall be required for the overall design. The plan shall be drawn by a landscape architect familiar with native species and place special emphasis on screening the residential area to the north. A financial guarantee shall be submitted and not released until after one year from the installation date. 7. Each additional parking lot expansion will be reviewed by City staff and the landscaping shall be required with that expansion. 8. Parking for 137 shall be required with the first phase. 9. This development shall be subject to the conditions and requirements of the Dakota County Plat Commission. 10. This development shall be responsible for the acquisition of all required regulatory agency permits in accordance with their stipulated time frames. 11. This development shall install all internal storm sewer facilities necessary to handle the first and ultimate phased development of parking lots and building facilities. 12. A variance for an on-site well and septic system are approved, subject to compliance with City and State regulations. 13. This development shall be responsible for the dedication or acquisition of all required road and utility easements as required by the County or City. 14. The proposed access street shall be constructed to City standards but maintained totally by this development until further extension for service or use by other properties. 15. This development shall be responsible for all trunk area utility and future County Road improvements in accordance with the rates in effect at the time of final plat approval or project award, whichever occurs first. 16. Detailed grading, drainage and erosion control plans shall be submitted and approved by the City. 17. At such time as the City sanitary sewer and water become available to the site, the owner shall then immediately provide for connection to the City systems which connection shall be according to City requirements, and the applicant shall comply with the special assessment policies and costs in effect at the time of the connection to the City utilities. All voted in favor. SEE PLAT FILE 15 Council Minutes February 3, 1987 LONE OAK 2ND ADDITION - FINAL PLAT REVIEW TEMPORARY BUILDING PERMIT REQUEST The application of Northwest Airlines, Inc. for review of the temporary building permit extension for Lone Oak 2nd Addition was considered by the City Council. Tom Hedges described the request to allow construction of the Northwest Airlines training facility prior to final plat approval. The extenuating circumstance is that there had not been final detail regarding the easements for utilities to the south of the site and the request was to issue a 90 day temporary building permit to allow Northwest Airlines to proceed beyond the super structure phase. Jim Thorne of Northwest Airlines was present, as was a representative of M. A. Mortenson Company. He noted the issue related to the new owner to the south, but expected that the issue will be resolved within the very near future. Mr. Hedges suggested that the total permit fees be paid if the council approves, but was concerned about deviation from the policy. A hardship would be required in order to allow the approval. Noting the hardship if the process was delayed, and the good construction weather, Smith moved, Wachter seconded the motion to approve the request, eliminating the requirement for the necessary easements for the construction of O'Neil Drive, sanitary sewer, water main and storm sewer facilities at the present time, but that they be acquired prior to final plat approval. It was understood, however, that all requirements shall be in place prior to the completion of the final plat and occupancy. All voted in favor except Blomquist who abstained, noting her employer's contract with Northwest Airlines. PUBLIC IMPROVEMENT CONTRACTS 1. Hampton Heights - Contract #86-15. Upon motion by Egan, seconded Wachter, it was resolved that the council approve the fifth and final payment to Contract #86-15 consisting of Hampton Heights trunk water main in the amount of $16,102.14 to Orfei and Sons, Inc. and accept it for perpetual maintenance. All voted yea. 2. Royal Oak Circle - Contract #85-15. Wachter moved, Egan seconded the motion to approve the final payment and accept Contract #85-15 consisting of utility and street improvements in Royal Oak Circle and authorize the final payment to Orfei and Sons, Inc. in the amount of $35,424.14. All voted affirmatively. 3. Maintenance Building - Contract #85-21 - Change Order #5. Upon motion by Egan, seconded Ellison, it was recommended that Change Order No. 5 in the sum of an additional $379.00 for the maintenance building under Contract #85-21, as well as Part B, with an additional amount of $7,887.00 for a total of $8,266.00 be approved. All members voted yes. 16 Council Minutes February 3, 1987 PRIVATE IMPROVEMENT CONTRACTS 1. Lexington Square 1st Addition - Contract #84-D. The staff recommended approval and upon motion by Ellison, seconded Smith, it was resolved that Contract #84-D for Lexington Square 1st Addition street and utility improvements be accepted for perpetual maintenance. All voted yes. 2. Dallas Development 1st Addition - Contract #86-K. The staff recommended acceptance of Contract #86-K and Egan moved, Ellison seconded the motion to approve the project, consisting of trunk water main in the Dallas Development 1st Addition, and accept it for perpetual maintenance. All members voted in favor. SINGLE-FAMILY MORTGAGE REVENUE BOND PROGRAM/SERIES 1980 - RESTRUCTURING City Administrator Tom Hedges reported that the Finance Committee had met to review the restructuring program for the Series 1980 Single-Family Mortgage Revenue Bond Program. Representatives of Miller & Schroeder presented the proposal to the Committee and it was noted that the City has an opportunity to use residual funds that have accrued in the program with a total amount of $1.3 to $1.4 million dollars, with a reduction of the down-payment assistance of $300,000.00 and a net of about $700,000.00 to $800,000.00. The Finance Committee evaluated the proposal and suggested that the restructuring take place and that the funds be designated for a senior citizen housing project. John Wenker was present on behalf of Miller & Schroeder and the councilmembers discussed the use of the money, including the senior citizen concept. Councilman Ellison suggested that the funds be for a broader use than for senior citizens only. After extensive discussion, Smith moved, Egan seconded the motion to approve the restructuring program for the Series 1980. All voted yes except Ellison who voted no. Smith then moved, and Egan seconded the motion to designate the funds from the restructuring to be used for the interest buy-down program and the balance in the account for a senior citizen housing program in the City, and further to request the Dakota County HRA to assist in the management of the program. All members voted yes except Ellison who voted no. Wachter then moved, Egan seconded the motion to retain the firm of Miller & Schroeder Financial, Inc. as the advisory/management firm for the transaction, with direct involvement by the City's Director of Finance, as it relates to all other consultants and contractors. All councilmembers voted affirmatively. CLERICAL COLLECTIVE BARGAINING UNIT Tom Hedges described to the City Council that the clerical collective bargaining unit had agreed with the proposal of the City Council regarding salary and benefits. Wachter moved, Egan seconded the motion to ratify the proposal submitted by the City Council for the clerical unit. All members voted yes. 17 Council Minutes February 3, 1987 POLICE ASSOCIATION - COLLECTIVE BARGAINING UNIT After explanation by the City Administrator, Egan moved, Wachter seconded the motion to approve the ratification of the Police Association collective bargaining agreement, subject to approval by the Police Association. All members voted yea. POLICE DISPATCHERS - COLLECTIVE BARGAINING UNIT There was discussion concerning the proposal for salary and benefits for the dispatchers unit. Wachter moved, Egan seconded the motion to approve the proposal as presented by the City Administrator in the form of a counter- proposal to the dispatchers. All members voted yes. HEALTH INSURANCE After description by the City Administrator Tom Hedges, Ellison moved, Smith seconded the motion to pay health insurance premiums for employees who choose employee plus dependent coverage up to the amount of the lowest premium per month of the three City choices for the health maintenance organization, which in 1987, amounts to $187.85. All councilmembers voted yea. SLATER'S ROAD ALIGNMENT Public Works Director Tom Colbert described to the City Council a proposal by a developer in Burnsville, near the southwest corner of the City of Eagan, to eliminate a through-street for the extension of Slater's Road. The Public Works Director recommended that the Council go on record favoring the extension of Slater's Road southerly into Burnsville for continuity and to allow through traffic. Blomquist moved, Wachter seconded the motion to accept the recommendation of the Public Works Director and authorize a letter to be sent to the City of Burnsville, based upon fire, safety and traffic flow reasons. All voted yes. ANNUAL PLANNED DEVELOPMENT REVIEWS Dale Runkle explained that the staff had been unable to submit to the Advisory Planning Commission and City Council during 1986, a review of planned developments within the City, according to ordinance requirement. He recommended that the reviews take place during the summer of 1987 to cover both 1986 and 1987. The consensus of the council was to proceed, based upon the recommendation. 18 Council Minutes February 3, 1987 FIRE STATION #4 PROPERTY Tom Hedges described the negotiations that had taken place for the purchase of the Haeg property on Dodd Road for Fire Station A. He noted that there are several lots involved and that the demand is for $99,000.00 for the land, plus $15,000.00 to be paid by the City for the special assessments. After review, Blomquist moved, Egan seconded the motion to authorize the City Administrator to continue the negotiations based upon the direction of the City Council. All members voted yea. RESOLUTION FOR MAYOR BOB LOCKWOOD OF MENDOTA HEIGHTS A Resolution commending Bob Lockwood for many years as Mayor of Mendota Heights was submitted. Egan moved, Blomquist seconded the motion to approve the Resolution, complimenting Mayor Lockwood on his tenure as the Mayor of Mendota Heights. All voted yes. CHECKLIST Blomquist moved, Wachter seconded the motion to approve the checklist dated February 2, 1987 in the amount of $259,643.40 and also checklist dated February 3, 1987 in the amount of $249,524.03. All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:25 a.m. All voted yea. PHH City erk 19