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10/07/1986 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 7, 1986 A regular meeting of the Eagan City Council was held on Tuesday, October 7, 1986 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, City Engineer Tom Colbert, Planner I Jim Sturm, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge. - AGENDA Egan moved, Wachter seconded the motion to approve the agenda as presented. All voted in favor. MINUTES September 16, 1986 - Regular Meeting. Wachter moved, Egan seconded the motion to approve the minutes of the September 16, 1986 regular meeting, with the following revisions: At page 8, the amount for the 1987 General Fund should be $7,389,630.00; and page 15, Sperry Consolidation Facility Amendments, should read, those in favor were Smith, Egan and Blomquist; those against were Ellison and Wachter. All members voted in favor. September 8, 1986 - Special Meeting. Egan moved, Ellison seconded the motion to approve the minutes as prepared. All voted yea. September 25, 1986 - Joint Meeting. Ellison moved, Wachter seconded the motion to approve the minutes of the joint meeting with the Advisory Planning Commission as presented. All voted yes. PUBLIC WORKS DEPARTMENT - TRENTON ROAD & YORKTOWN PLACE At the June 17, 1986 council meeting, the Council considered a petition requesting installation of stop signs at the intersection of Trenton Road and Yorktown Place. The City Council requested the installation of a yield sign and that the police department perform additional sign compliance and speed studies. A recommendation has now been made by the police department that the yield signs can adequately control the speed at the location and recommended no change. There was no residents present regarding the issue and no action was taken. 1 Council Minutes October 7, 1986 POLICE DEPARTMENT The police department had requested that the Council approve the sale of a 1984 Ford squad car and declare it surplus property. Two bids were received and the highest was from Suburban Auto in the sum of $2,289.00. Upon motion by Smith, seconded Wachter, all voting in favor, it was resolved that the surplus automobile be sold to Suburban Auto. BLACKHAWK ROAD & CLIFF ROAD - SIGNALIZATION The staff noted there had been five personal injury accidents and nine property damage accidents in the past four or five months at the intersection of Cliff Road and Blackhawk Road in Eagan. The MnDOT has scheduled the installation of semaphores at the location in the summer of 1987. Councilman Wachter requested the staff attempt to persuade MnDOT to move up the schedule because of the accident problems at that intersection. CONSENT AGENDA Upon motion by Wachter, seconded Egan, it was resolved that the following agenda items be approved and ordered implemented: 1. Contractor's Licenses. A schedule of contractor's license applications was submitted and recommended to be approved. 2. Single Family Revenue Bond Issue Coupon. It was recommended that the resolution regarding payment in lieu of issuance of a duplicate coupon for a single family revenue bond -issue series 1980 Coupon No. 12, due May 1, 1986, on Bond No. 1926, be approved._ 3. Wells #8 and #9 - Contract #85-26. It was requested that three parts for Change Order No. 1 under Contract #85-26 consisting of construction of Wells #8 and #9 be approved, consisting of a total addition of $31,491.00. 4. Maintenance Building - Change Order No. 2 - Contract #85-21. It was recommended that Change Order No. 2 to the maintenance building Contract #85- 21 be approved by the City Council. 5. Gun Club Lake Watershed Management Organization Representative. A letter had been received from Wes Lane resigning as a member of the Gun Club Lake Watershed Management Organization as a City representative and it was recommended that the resignation be accepted by the City Council. 6. E-Z Airpark - Storm Sewer - Project #486. A petition had been received from the owners of the proposed E-Z Airpark expansion requesting City installation of trunk storm sewer facility and it was recommended that the petition be received and that the City consulting engineer be authorized to prepare a feasibility report. 2 Council Minutes October 7, 1986 7. Brittany 9th Addition - Contract #86-4. Change Order No. I for Brittany 9th Addition, Contract #86-4, covering grading and utility work installation, was recommended to be approved in the amount of $10,192.50. 8. Windtree 5th and 6th Additions - Contract #86-5 - Change Order No. 1. Change Order No. 1 to the Windtree 5th and 6th Additions, Contract #86-5 consisting of additional improvements under that contract in the sum of $687.50 was recommended to be approved. 9. Windtree 5th and 6th Additions - Contract #86-5 - Change Order No. 2. The staff then recommended that the City Council approve Change Order No. 2 to Contract #86-5 consisting of improvements in the Windtree 5th and 6th Additions with an additional amount of $9,591.00. 10. Eagandale Center Industrial Park - Contract #86-10. Staff submitted to the City Council Change Order No. 1 for Contract #86-10 consisting of improvements in the Eagandale Center Industrial Park and recommended that the Change Order be approved in an additional amount of $10,441.55. 11. Hampton Heights - Trunk Water Main - Contract #86-15 - Change Order. The change order to Contract #86-15 covering the Hampton Heights trunk water main improvements was submitted and staff recommended that the City Council approve the additional amount in the sum of $19,043.26. 12. Chatterton Ponds - Final Plat. The application had been submitted by the developer of the proposed Chatterton Ponds subdivision for final plat approval, and it was recommended that the application be approved, subject to compliance with all City requirements. R 86-73 13. St. John Neumann - One-Day Consumption & Display License. An application from representatives of St. John Neumann Catholic Church on Pilot Knob Road for one day consumption and display license for November 15, 1986 was submitted and staff recommended approval. All councilmembers voted in favor. TELEVISING OF CITY COUNCIL MEETINGS City Administrator Tom Hedges introduced Bob Cooper who was present in the audience, a member of the Burnsville/Eagan Joint Cable Commission, and who has organized the televising of the regular City Council meetings. The first televising took place on October 7, 1986 for practice purposes only and it is intended that regular cable televising of the council meetings will commence within a few weeks. 3 Council Minutes October 7, 1986 Tq GAMBLING ORDINANCE At the August 7, 1986 City Council meeting, a public hearing was set for October 7, 1986 to consider an ordinance amendment that provides specific conditions for the statutorily allowed form of gambling known as pull tabs, to be permitted at on-sale liquor establishments. Mayor Blomquist convened the public hearing and Jerry Marko, representing the Eagan Lions Club, appeared. He had questions about the 80% provision proposed under the ordinance and recommended that only City organizations be allowed to acquire pull tab licenses. A representative of the Multiple Sclerosis Society was also present and indicated that she had not received a copy of the revised draft, but requested an exception and noted that 43 people with multiple sclerosis reside in the area. She further indicated that the MS Society has been giving special grants to Cities to assist the Cities for handicapped persons. Councilman Ellison indicated that he had submitted the issue to the City Council regarding charitable gambling and now the main issue has to do with whether only local or national groups should be allowed pull tab licenses. He recommended only local groups be allowed because national organizations would diminish the charitable gambling proceeds for local groups. He further argued that the 80% factor should not present a problem because only pull tab net receipts are involved. Councilman Egan mentioned that eligible national organizations benefit City residents and they should be allowed to acquire licenses. Mayor Blomquist was concerned about policing the City ordinance regulations regarding the percentages of net proceeds which benefit the Eagan area. Councilman Smith recommended allowing City groups have two licenses to each national organization license, or that half the licenses be permitted for local organizations and half for nationally known charitable groups. Dave Ashfeld, on behalf of the Eagan Lions, recommended national organizations also place 80% of its funds into the local area. The alternates were reviewed in detail and it was noted that under the proposal, the Council could table any applications to require an equal number for both local and nationally organized groups. After extended discussion, Smith moved, Egan seconded the motion to adopt the Charitable Gambling/Pull Tab Ordinance to include alternate No. II providing for 15 active members and 15 members either employed or living in the City, unless the organization is a nationally known charitable organization, which shall also be allowed, and in addition, that A, B, and C under Alternate No. II be included with no more than 4 annual licenses that may be issued to national groups until further action of the City Council; it was further understood that Alternate II, C. providing for eligible organizations, which may be granted up to 4 consecutive day temporary license in premises other than on-sale would refer only to eligible local City groups. Those in favor were Smith, Egan and Blomquist; those against were Wachter and Ellison. 4 Council Minutes October 7, 1986 BLUEBERRY CIRCLE - PROJECT #481 - STORM SEWER Mayor Bea Blomquist then convened the public hearing regarding storm sewer improvements in the Blueberry Circle area of Hilltop Estates Addition, under Project #481. Tom Colbert reviewed the preliminary report that was dated September 15, 1986 and indicated that the purpose was to prepare alternates for the existing drainage problem for Lots 14, 15, and 16, Block 7, Hilltop Estates Addition. A serious water problem had been created on the rear portions of those lots and the property owners had requested a feasibility study be prepared. Mr. Colbert noted that 7% overhead was not included but there was much less than the normal 30% overhead for improvement projects. The residence on Lot 16, Block 7, was built 2 1/2 feet lower than the design plans that were approved by the City. The alternates included the following: 1. Fill the low area, which would cause loss of trees. 2. Drill a wet well, which would not appear to be feasible because the soil is not compatible for such method. 3. Pump the water out, which will require long term maintenance. 4. Installation of a City improved storm sewer outlet. Mr. Colbert was concerned about having affected owners waive objections to proposed assessments, however. It was noted that the builder of Lot 16 was Developers Construction Co. A number of the affected property owners were present, including Ed Dannecker, the owner of Lot 15. Mr. Dannecker questioned whether it would be feasible to place fill in the rear to cause an overland flow of water out to Blueberry Circle, and Mr. Colbert stated the engineering study done by Jim Hill at the request of Sienna Corporation, the original developer, indicated it was possible to do so. Mr. Dannecker argued that it was not the responsibility of the four owners alone to finance the cost of improvements, and suggested assessing the land to the east. Steve Reid, an owner, was also present and stated that water flowing to Blueberry Circle would empty in his front yard, and he recommended the storm sewer system alternate. John Moffat, the owner of Lot 13, appeared and noted that the water had ponded early in the development and that Sienna Corporation informed the builders of the problem. Contacts have been made with the City building department and he understood that the problem had been resolved, and therefore requested the owners not be required to pay the cost. He would object to any assessments levied against Lot 13. Original grading plans that were submitted and approved indicated drainage would be effective, according to Tom Colbert. Dan Osborne, the owner of Lot 16, stated that the City may have been negligent. It was noted that Sienna Corporation had contributed to the cost of the engineering, but the three involved builders have not been willing to contribute further toward resolving the issue. 5 Council Minutes October 7, 1986 Wachter moved, Ellison seconded the motion to continue the public hearing until the next regular meeting and request the staff to continue discussion with the developer and the builders concerning a proposed contribution toward the resolution of the problem; further, that the staff be instructed to contact the owners of Lots 12, 14, 15, and 16, in the event that the developer and builders will not contribute, and to determine whether those owners will accept part or all of the estimated costs; further, that staff determine whether water does drain from the area to the east. Councilman Smith asked the owners present if they would contribute up to $2,000.00 per lot, for lots 14, 15, and 16, if the developer and builders would not contribute further. All voted in favor except Smith who voted no. Mayor Blomquist then moved and Ellison seconded the motion to direct the staff to temporarily pump the flooded area to protect the trees until a permanent solution is accomplished. All councilmembers voted affirmatively. HAMPTON HEIGHTS - TRUNK WATER MAIN - PROJECT #451 Mayor Blomquist then convened the final assessment hearing in regard to Project #451 consisting of trunk water main improvements. Mr. Colbert had stated that he had met with Harry Lemieux and contacted Judy Lemieux regarding the trunk area water assessments against parcels 010-05 and 010-06. Mr. Colbert's understanding is that the Lemieuxs will not object further to the assessments and recommended that the Council close the hearing. There were no further objections and no appearance. Egan moved, Ellison seconded the motion to close the final assessment hearing for Project #451 and to authorize the certification of the assessment roll to the County Auditor for collection. All voted yes. SUNPOINTE - PRELIMINARY PLAT The application of R.M.C. Development and Advance Developers for preliminary plat approval of Sunpointe Addition next came to the Council. It was recommended by the staff that consideration of the application be continued because the developer and affected residents have not fully addressed the issues. Egan moved, Smith seconded the motion to continue consideration of the application until the next regular council meeting. All voted yea. SEE PLAT FILE TAX INCREMENT FINANCING GUIDELINES The final Tax Increment Financing Guidelines draft that was prepared by the Economic Development Commission was reviewed by the City Administrator. He noted that there was one item to be added, dealing with another viable location throughout the county requirement. After discussion, Smith moved, Egan seconded the motion to approve the Tax Increment Financing Guidelines. Councilman Ellison requested the Council adopt a policy opposing tax increment financing because it is a subsidy to private development, but does not treat 6 Council Minutes October 7, 1986 all developers fairly and objected to any TIF. The Mayor stated that TIF does not take tax dollars directly from the property owners and in light of all the factors, favored the guidelines. Councilman Smith submitted that the City cannot change national policy and Councilman Wachter indicated that he would vote no in opposition to the tax increment financing concept. Those in favor were Smith, Egan and Blomquist; those against were Wachter and Ellison. SLATERS ACRES - PROJECT #419 Tom Colbert discussed with the City Council the results of the attempt by the staff to contact all of the objecting property owners in the Slaters Acres area regarding the utility and street improvements under Project #419. He mentioned that 11 waivers have been received with two objections still outstanding including James and Barbara Schmidt and Aubrey Hall. Mr. Colbert explained the issue regarding the Schmidt parcels and discussed three options for resolution of the assessment against the adjoining parcel to the Schmidt lot. Jim Schmidt was present and noted that the two lots should be logically tied together, to be assessed as one. One alternate suggested provided for assessment in the event of future development. After lengthy discussion, Councilman Smith moved, Councilman Ellison seconded the motion to direct the staff to schedule a new public hearing and notice all affected property owners with an explanation of the circumstances and further, that the current certification of the assessments be rescinded with the public hearing being scheduled for November 6, 1986 at 7:00 p.m. at the City Municipal Center. All councilmembers voted yes. LEXINGTON SQUARE 2ND ADDITION - PROJECT #433 Tom Colbert stated that Charles Hall, representing parcel 010-01, who had submitted a written objection regarding the Lexington Square 2nd Addition assessments at the September 16, 1986 assessment hearing, now had withdrawn the objection. Mr. Colbert recommended that the Council close the public hearing. Upon motion by Egan, seconded Wachter, it was resolved to close the hearing under Project #433 and approve the final assessment roll and authorize the Clerk to certify the roll to the County Auditor for collection. All councilmembers voted affirmatively. BLACKHAWK ACRES 2ND ADDITION - PRELIMINARY PLAT A public hearing had been held by the Advisory Planning Commission for approval of the preliminary plat of Blackhawk Acres 2nd Addition and at its meeting on September 23, 1986 recommended approval subject to certain conditions. Jim Sturm, the Assistant City Planner, was present and reviewed the proposal, indicating that the previous plat was approved in 1983, that a neighborhood meeting was held on August 13, 1986 and the Advisory Planning Commission had recommended that a half tot lot on each side of Robin Lane, as opposed to single full size play area, be installed. 7 Council Minutes October 7, 1986 The development would provide for 32 townhouse units on 6 acres on Lot 7 through 12, Blackhawk Acres Addition in Section 17. The project will be built in two phases with the first phase consisting of 16 units east of Robin Lane. The Mayor opened the meeting to comments from the audience, and Robert Saleck of 3741 Blackhawk Road, appeared objecting to the fact that the units are expected to be of lower value than the single family homes on Blackhawk Road. Les Duoos, the developer, was present and stated that the prices will range between $67,000.00 and $73,900.00. The City Council in 1983 eliminated the $90,000.00 minimum cost per unit condition recommended by the Advisory Planning Commission. Councilman Smith further noted that the land was downzoned from R-4 to R-3. George Thompson, an owner on Blackhawk Road, also objected noting the entire west side of his lot would face the townhouse units. Comparable houses that were picked by the developer, he indicated, were not comparable and he was concerned about the devaluation of his property. He further stated that commitments had been made and promises not kept, and that the quality of the homes was one of his major objections. Wayne Cordes, surveyor, also was present and depicted the view of the townhomes from the R-1 homes on Blackhawk Road. After extended discussion, Ellison moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. This development shall obtain a permit from Northern Natural Gas Company to encroach within their. easement for both grading and a permanent driveway prior to final plat approval for that particular phase. 2. This development 'shall construct the appropriate hydrant leads as referenced within the engineering report. 3. The private driveway shall have a maximum 4% grade for 20 feet from the curb line of Robin Lane with the remainder of the driveway grade not to exceed 10%. 4. This development shall dedicate a full 60 foot right-of-way for Robin Lane that is not previously dedicated under the Blackhawk Acres Addition. 5. This development shall dedicate a minimum 20 foot utility easement over the hydrant leads. 6. This development shall comply with all general engineering conditions which apply. 7. This development shall be responsible for all costs associated with developing this property. 8. Any drainage and utility lot line easements on the Blackhawk Acres Addition not being used in the Blackhawk Acre 2nd Addition shall be vacated prior to final plat approval. 8 Council Minutes October 7, 1986 9. All standard plat conditions shall be adhered to. 10. This plat shall be subject to a cash parks dedication fee. 11. A tot lot shall be provided and the plans reviewed and approved by the City's Park Planner. 12. All trash must be kept in the individual garages until the day of pick up, and shall be picked up by one collector. 13. A homeowners association created through a proper declaration, articles of incorporation and by-laws, reviewable by the City Attorney, shall be provided. All voted yes except Blomquist who voted no. Mrs. Saleck also appeared and was concerned about the lack of traffic signals and the heavy traffic on Blackhawk Road at Robin Lane. SEE PLAT FILE LEXINGTON HILLS FIRST ADDITION - PRELIMINARY PLAT The application of H & Z Partners for preliminary plat approval of Lexington Hills First Addition next came to the City Council. The plat was proposed to consist of 168 apartment units on 16.3 acres in the Lexington South PUD, immediately east of Lexington Avenue and north of Diffley Road. The site, Lot 1, Block 1 and Outlot A in the First Addition provides for R-4 density and it was noted that the land falls rapidly to the City ponding near the northeast corner of the site, and that the hillside is heavily wooded. The overall density would be 10.30 units per acre and the Advisory Planning Commission recommended approval, subject to certain conditions. Mr. Hedges explained that in 1974 a plan was approved by the City, and in 1976 a Planned Unit Development Agreement was entered into. The 1974 plan provides for an R-2 configuration in the northeast corner of the parcel, and a question arose as to whether any rezoning had actually taken place. Jim Curry was present and argued that the Planned Development Agreement should control. He further stated that the parcel would qualify for density, even if the R-2 triangle to the northeast had not been changed. Mr. Sturm prepared a rough calculation and noted that the density would be about 14.74 units per acre with a fairly arbitrary line including the R-2 triangle. Mayor Blomquist was concerned about the arbitrary line of the R-2 area, that the neighbors had understood a different configuration had been approved when the planned development was entered into, that there were concerns about the green space and the hill area, which she stated were essentially unbuildable and further, the need to review the entire 40 acre parcel for driveway access for the other uses proposed within the 40 acre area. Eric Spring, a neighbor to the west, stated that he would have objected to the 1984 rezoning of the two parcels to the north, had he known about it. He also had strong concerns about safety on Lexington Avenue and in addition, storm drainage off of the parcel, with possible additional runoff onto his land. 9 Council Minutes October 7, 1986 Blomquist moved to-continue the application because of the issues that she had stated, to allow the staff to research those questions. There was no second and the motion died. Mr. Curry attempted to answer the numerous questions that had arisen, and Dale Vogt of 4115 Lexington Avenue, a neighboring owner, also appeared. He was mostly concerned about safety and about the 1,300 vehicles that will be added, and suggested that the development be delayed until the scheduled upgrading of Lexington Avenue in 1988. Mr. Colbert noted, however, that it is expected the reconstruction will not take place until 1989. Dawn Simpson, a neighboring owner, also appeared and stated that in her opinion, the zoning issue had not been settled, there were still questions of density, that the road is dangerous and should be addressed seriously by the City and the County, the drainage issues including the uncertainty as to where the drainage will actually flow, and is there proper zoning for the churches planned in the immediate area. Mr. Colbert explained that he would anticipate that a storm sewer project will be ordered in covering the area, in the very near future. Mayor Blomquist resubmitted her motion to continue the application but there was no second. Ellison then moved, Egan seconded the motion to approve the application, noting that the development meets the minimum requirements, including density, that the density appears to comply with the City requirements and, further that the application shall be subject to the following conditions: 1. The maximum grade of slopes over this site shall be 3:1, but 2:1 slopes will be permitted with the establishment of low maintenance ground cover. 2. The Council must authorize the storm sewer outlet from JP-29 to Pond JP-9 and also the sanitary sewer extension along Lexington Avenue prior to final plat approval. 3. There shall be no access from garage stalls onto the entrance drive. 4. This development shall dedicate a 50 foot half right-of-way for Lexington Avenue. 5. This development shall dedicate a ponding easement to the HWL for Pond JP-29. 6. This development shall dedicate a minimum 20 foot wide utility easement over any utility not located within public right-of-way. 7. This development shall be responsible for the easement, if necessary, across the property to the south of it to install the sanitary sewer. 8. This development shall be responsible for an 8 foot trailway along Lexington Avenue. 10 Council Minutes October 7, 1986 9. This development shall be responsible for complying with any standard engineering conditions-which may apply. -10. All standard plat conditions shall be adhered to. 11. A detailed landscape plan shall be submitted and a financial guarantee insuring proper installation and shall not be released until one full year after completion. 12. One garage unit shall be included with the rent. 13. Trash locations (if not in the garages) shall be screened and noted on the site plan. 14. A tot lot shall be provided and the plat shall be reviewed by the Advisory Parks Commission. 15. A trailway along Lexington Avenue shall be the responsibility of the developer. All voted yes except Blomquist who voted nay. SEE PLAT FILE DAKOTA ELECTRIC ASSOCIATION - WAIVER OF PLAT The application of Dakota Electric Association for waiver of plat to split approximately 1.89 acres from a 3.3 acre parcel for an electric substation, west of Dodd Road and south of Cliff Road, came next to the Council for its review. Mr. Hedges stated that the Advisory Planning Commission recommended denial for several reasons included in its minutes. Jim Sturm discussed the application and mentioned that the denial was based upon the fact that the property is zoned Agricultural and not appropriate for the proposed use. In addition, the potential noise from the site and the notice in the newspaper were issues that were explained by Mr. Sturm. Ed Brunkhorst of Dakota Electric, appeared and presented some slides of the DEC substation facilities in other location, including typical structures and landscaping. - Councilman Wachter asked what made the site unique, and Mr. Brunkhorst's answer was that it was on the edge of the development, 250 feet from the nearest home, and 400 feet from the house to the south, there were no objections from the County Park Director, and adjacent to the site, a park maintenance facility is proposed. An adjoining owner appeared and objected because of the view, the possible expansion of the site, and the potential nuisance from lights on the site. It was explained that the cross-bar is 24 feet high and the lighting would be six feet higher with a total of 30 feet. The present planned capacity should be sufficient for 20 years according to Eldon Johnson, the chief engineer for the DEC, but he could not state that it would never be expanded to include a second unit on the site. Only one security light is proposed. 11 Council Minutes October 7, 1986 t 'J Mark See was concerned about the obstruction of the view of the park, the noise and the lighting. Tom Gustafson, a neighbor, stated that it would create an adverse aesthetic impact on the park and that there would be other more appropriate locations. Bob Hawkins, a neighbor to the south, had questions and objections, as well as Pam Johnson, who stressed the rural nature of the neighborhood and suggested it would be aesthetically distracting. Stewart Wierke, one owner of the land, attempted to describe the proposed park maintenance facility and stated in his opinion, the substation will be small and insignificant. Mr. Brunkhorst mentioned there are no other good sites for the substation available in the area. After extended review, Councilman Smith moved, Ellison seconded the motion to approve the application, noting that there are no satisfactory alternates, and that the area will need electrical power, subject to the following conditions: 1. This development shall be responsible for its trunk area storm sewer assessment at the residential rate in effect at the time of waiver approval. 2. All applicable ordinances shall be adhered to. 3. This development shall be responsible for park dedication fee. 4. There will be screening of 78 feet installed at the time of the initial construction. Mayor Blomquist was not convinced that DEC had exhausted attempts to find other appropriate sites, and was opposed to the application. All voted affirmatively, except Blomquist who voted against. R 86-74 RAHN RIDGE ADDITION - B.H. GRACE - WAIVER OF PLAT The application of B. H. Grace Corporation for waiver of plat covering Lot 4, Block 3, and Lot 6, Block 3, Rahn Ridge Addition, came to the Council. Mr. Hedges explained the application briefly and noted that there were no objections. Smith moved, Ellison seconded the motion to approve the application, subject to compliance with all City requirements. All members voted in favor. R 86-75&76 SILVER BELL PLAZA - LIGHT INDUSTRIAL ZONING CLARIFICATION Tom Hedges explained that Dallas Development Company had developed a 100,000 square foot plaza at the intersection of Highway #13 and Silver Bell Road and has asked staff for clarification regarding uses in its office/warehouse type of facility within Light Industrial zoned property. There are no permitted uses or conditional uses that would allow a hair salon or child care operation which have been requested to be located at the site. 12 Council Minutes October 7, 1986 Bernie Frye of Dallas Development Company was present and requested clarification and recommended that certain retail uses be permitted in an I-1 zone. Councilman Egan was opposed to retail uses in Industrially zoned areas and stressed that consistency is necessary. Mayor Blomquist and Councilman Smith were concerned about the precedent and impact on other commercially zoned areas. No action was taken. RAYMOND FISCHER - ST. FRANCIS WOOD 5TH ADDITION - VARIANCE A request had been received from Raymond Fischer for Stapf Construction Company for variance for Lot 1, Block 1 and Lot 5, Block 2, St. Francis Wood 5th Addition regarding setback for proposed condominium development. The City Code requires 30 foot front yard setbacks along public streets and 30 foot side yard setbacks in R-3 districts. Staff recommended approval of the variance, noting that other variances would be required and failure to approve the application would be more detrimental to the development. There were no objections. Smith moved, Egan seconded the motion to approve the application, subject to compliance with other City requirements. All members voted yea. 1987 PROPERTY TAXES Tom Hedges explained that the City Council is required to certify property tax levies prior to October 15 of each year and that the Director of Finance recommended that the Council include all special levies under the special levy category entitled Increased Industrial/Commercial Development, which in the past has allowed general fund base to increase accordingly, allowing the City more flexibility dealing with future general fund budgets. The Council's tax levy is projected to reduce the mill rate that was approved in 1985, payable in 1986 and further noted nearly a 20% increase in the assessed valuation. Wachter moved, Smith seconded the motion to approve the certification of the 1986 general property tax levy, payable in 1987 in the amount of $5,921,581.00. All members voted yes. R 86-77 MINNESOTA VALLEY HUMANE SOCIETY A request had been made by the Minnesota Valley Humane Society members to construct an animal shelter in Dakota County and a representative, Mike Shannon, was present at the Council meeting to discuss the proposal. He mentioned that Dakota County may donate the land for the shelter and that he had appeared both before the Apple Valley and Burnsville City Councils. The shelter would do the animal control and many other animal services. Councilmembers expressed interest in the program and suggested a possible joint meeting with the Burnsville and Apple Valley City Councils regarding the proposal. 13 Council Minutes October 7, 1986 CONTRACT #86-20 - WINDTREE 7TH ADDITION The final plat for Windtree 7th Addition had not been completed and staff recommended continuation of consideration of the award of the contract, noting the contractor, Lake Area Utility, had indicated a willingness to guaranty the unit prices for an additional 30 days. Upon motion by Egan, seconded Wachter, it was resolved that consideration of the award of Contract #86-20 be continued. All voted yea. INTEREST RATE REDUCTION PROGRAM CRITERIA A Resolution was approved according to Mr. Hedges, as amended on November 20, 1984 including guidelines and criteria for low interest rate reduction programs. The amended Resolution, however, was not prepared and a blank was left in the amendment which should include an R-1 zoning classification, and a requirement of "tax exempt multi-family housing status" prior to interest rate reduction consideration. There were no objections, and Egan moved, Smith seconded the motion to ratify the resolution as amended on November 20, 1984. All councilmembers voted yes. SOLID WASTE ABATEMENT COMMISSION APPOINTMENTS The City has received requests from Duane Soutor, Thom Yehle and Tim Hoel for membership on the Eagan Solid Waste Abatement Commission. Smith moved, Egan seconded the motion to appoint the three individuals who applied for membership to the Commission. All members voted in favor. NORTHWEST AIRLINES GRADING PERMIT APPLICATION - LONE OAK ADDITION The City Administrator explained that Northwest Airlines is proposing to expand its development in the Lone Oak Addition to include a 230,000 square foot pilot training simulator facility. He noted that all application material has been submitted for a grading permit which had been reviewed by staff and recommended to be approved. Notice had been sent to all adjacent affected property owners and there were no objections submitted at the meeting. Jim Thorpe, the Vice President of real estate from Northwest Airlines, was present and reviewed the proposal for the simulator facility, intended to include 16 flight simulators. The proposal would consolidate pilot training and Captain Nunn, Chief of Training, appeared and stated that all simulator flight training will be conducted within the Center. It will be a 7-day a week, 24 hour's per day operation. Wachter moved, Egan seconded the motion to approve the application, subject to City Code compliance. Larry Laukka appeared on behalf of the owners and requested approval. All members voted yes except Blomquist who abstained. 14 Council Minutes October 7, 1986 LIQUOR ORDINANCE - SECTION 505 Charles Bartholdi, attorney for Federal Land Company, appeared and requested an interpretation from the City Council regarding Section 505 of the Eagan Liquor Ordinance. Generally, the ordinance provides that immediate members of a family may not hold more than one liquor license within the City. He stated that Sidco, Inc., including Sidney Applebaum, is applying for a liquor license in the Town Centre Addition and a question had arisen as to whether the Cedarvale Liquor Store may have an immediate family member as a licensee. He argued that there are three reasons why the immediate family should not apply, including the following: 1. The Minnesota Statute does not include the restriction. 2. Immediate family should mean members of the same household only. Children of the Applebaum family do not live in the household. 3. The Emancipation of Minors Act would be violated. After discussion, Smith moved, Egan seconded the motion to authorize the staff to proceed with the investigation of the application for the Town Centre license and that the staff be further directed to amend the ordinance to eliminate the immediate family provision, noting that the reason for the inclusion in the 1970's was because of some issues that developed regarding multiple liquor license holdings. All members voted in favor. CITY OF EAGAN VS. ROBERT O'NEIL - POND ACQUISITION - PROJECT #443 City Attorney Paul Hauge reported to the Council that on September 29, 1986, he was delivered a copy of the Report of Commissioners in the condemnation action brought by the City against Mr. and Mrs. Robert O'Neil for permanent and temporary easements for acquisition of two ponds on the O'Neil property, north of Yankee Doodle Road. The councilmembers discussed the award and it was noted that the property owners have appealed the award and demanded the payment of three-fourths, according to state law. After discussion, Egan moved, Smith seconded the motion to authorize the appeal of the award and further, to direct payment of three-fourths of the award according to the request of the property owners. All members voted in favor. There was then discussion concerning use of outside counsel to become involved in the action. Upon motion by Egan, seconded Smith, it was resolved that Chris Dietzen of the Larkin, Hoffman law firm, be engaged to act as co- counsel with the City Attorney's office in the condemnation action. All voted yes. 15 Council Minutes October 7, 1986 LONE OAK TREE LOGO A letter from the City Attorney's office in response to a request regarding the protection of the City Lone Oak Tree logo was reviewed by the City Council. Several alternatives, including a State of Minnesota service mark, a trademark from the U. S. Patent Office and a copyright from the Federal Patent office were discussed. After discussion, upon motion by Egan, seconded Wachter, it was resolved that the City Attorney's office be directed to proceed to register a service mark with the State of Minnesota. All voted in favor. CITY ANIMAL POUND - ABEL KENNEL The City Administrator and the City Attorney discussed with the City Council a termination of the dog pound with the William Abel Kennel, located on Lexington Avenue. Complaints have been received by the City from neighboring residents, objecting to the nuisance and noise from the kennel. A letter had been received from Mr. and Mrs. William Abel, terminating their City dog pound contract as of November 1, 1986. Contacts have been made with Dr. Fitz, the owner of the Lakeside Animal Hospital on Highway #3, and he has indicated a willingness to use his facility as a dog pound, subject to an agreement for that purpose. The City Attorney's office had prepared a proposed agreement which was submitted to the Council for its consideration. The following action was taken: 1. Smith moved, Wachter seconded the motion to accept the resignation of the Abel's Kennel as the designated dog pound facility. All voted yes. 2. Egan then moved, Ellison seconded the motion to approve Fitz Veterinary Associates, P.A. as the official animal pound for the City, effective November 1, 1986, and further to approve the agreement between the City and Fitz Veterinary Associates, P.A., with the understanding that insurance provisions will be clarified. It is understood that no hearing will be scheduled on the termination of the Abel Kennel license at the present time. All members voted in favor. ELECTION JUDGES - GENERAL ELECTION - NOVEMBER 4, 1986 A schedule of Election Judges recommended for approval by the City Council was submitted covering the November 4, 1986 general election. Upon motion by Blomquist, seconded Wachter, it was resolved that the schedule of election judges be approved. All voted in favor. DISTRICT #191 SCHOOL BOARD SUPERINTENDENT STEERING COMMITTEE A letter was received from Gerri Schinckle, the Chair of the Superintendent Search Process Committee for District #191 requesting Mayor Blomquist or another person be appointed to serve on the committee. Mayor Blomquist indicated that she would be unable to serve on the committee and suggested some alternates for representation for the City. 16 Council Minutes October 7, 1986 i SPECIAL COUNCIL MEETING - OCTOBER 14, 1986 The City Council scheduled a meeting with Charles Hall who will present his proposed development along Wescott Road at the special council meeting at 6:30 p.m. on Tuesday, October 14, 1986. FAWN RIDGE 2ND ADDITION - FINAL PLAT The application for final plat approval of Fawn Ridge 2nd Addition has been submitted and the staff recommended approval. Upon motion by Egan, seconded Wachter, it was resolved that the application be approved, subject to compliance with necessary City requirements. R 86-78 SUNSET 9TH ADDITION - FINAL PLAT The next application reviewed by the Council included an application for approval of the final plat of Sunset 9th Addition. Noting all the City requirements have been met, upon motion by Egan, seconded Wachter, it was resolved that the application be approved, subject to compliance with necessary City ordinance requirements. All voted in favor. R 86-79 LEXINGTON AVENUE & YANKEE DOODLE ROAD INTERSECTION Tom Colbert announced that the intersection of Lexington Avenue and Yankee Doodle Road will be closed ,for construction for approximately 4 to 6 weeks during the fall of 1986. It was understood that Golf Drive through the development east of Lexington Avenue will be used for a by-pass during the construction period. PILOT KNOB ROAD - PUBLIC HEARING There was discussion concerning the scheduling of a public hearing for the Pilot Knob Road improvements, and it was suggested that November 18, 1986 be the scheduled date with a public information meeting on November 11, 1986. No specific action was taken. CHECKLIST Wachter moved, Egan seconded the motion to approve the following checklist dated October 7, 1986 in the amount of $660,322.72. All voted in favor. 17 Council Minutes October 7, 1986 1Y ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 2:20 a.m. All voted yea. PHH City erk 18