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05/19/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 19, 1997 OC169 A regular meeting of the Eagan City Council was held on Monday, May 19, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges stated that there would be an Executive Session following the regular City Council meeting. Councilmember A wada requested the Council provide direction regarding a change to the Comprehensive Guide Plan. City Administrator Hedges said that the item could be discussed under Other Business at the end of the meeting. He also noted that Maplewood Acres, Inc. had requested Item D under New Business be continued to the June 3,1997 City Council meeting. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MAY 6, 1997 REGULAR MEETING Councilmember Wachter requested on page 6, in the last paragraph, the last sentence should read, "She said that the City of Eagan needs a water tower and the cost of it will be financed by user and connection fees from both cities". Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE APRIL 29,1997 SPECIAL MEETING Councilmember Masin requested on page 4, in the last paragraph under the Teen Center discussion, the last sentence should be revised to read, "Mayor Egan further stated that the entire teen center issue should be deferred until contact is made with the Ministerium". Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEP>ARTMENT HEAD BUSINESS ADMINISTRATION, HIGHWAY 55 REDEVELOPMENT TIF DISTRICT, REQUEST BY OWNERS FOR ACQUISITION OF HOMES ON LAWRENCE AVENUE AND LINDE LANE City Administrator Hedges provided an overview on this item. Councilmember Awada asked what is proposed for development in this area. Assistant to the City Administrator Hohenstein stated that there has not been any development applications received to date. City Attorney Sheldon noted that the City Council should be clear in their direction regarding the possible acquisition of these residential properties and clarify whether the acquisition of the property will be voluntary or if the City will acquire the property through condemnation. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve staff direction to negotiate an agreement with the Dakota County Housing and Redevelopment Authority to investigate the possible acquisition of residential properties on Lawrence Avenue and Lindy Lane for EAGAN CI'i'Y COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 2 OC170 redevelopment purposes in the Highway 55 redevelopment TIP district as a voluntary sale request by property owners. Aye: 5 Nay: 0 Councilmember Wachter asked if the dead trees at the Water Treatment Plant are going to be replaced. Director of Public Works Colbert explained that the City took a deduct on the contract for the loss of the trees and are trying to coordinate the removal of the dead trees with the City Forester. City Administrator Hedges provided an update on the number of registrations received to date for summer recreation programs. CONSENT AGENDA In regard to Item E, Accept withdrawal of the Daughters of Penelope Comprehensive Guide Plan Amendment request, Councilmember Awada commented that CommonBond Communities should be contacted and informed that the site the Daughters of Penelope was planning to develop had been approved for D-IV zoning, which would accommodate the development proposal CommonBond had submitted at the May 6 City Council meeting and had been subsequently denied. Mayor Egan concurred. A. Personnel Items Item 1. It was recommended to approve the hiring of Tom Kray as a seasonal Forestry Maintenance Worker. Item 2. It was recommended to approve the hiring of Brian Vlach as a seasonal Water Quality Assistant. Item 3. It was recommended to approve the hiring of Dave Jungers and Shane Allen as seasonal Parks Maintenance Workers. Item 4. It was recommended to approve the hiring of Frederick Furlow as a seasonal Ballfield Attendant. Item 5. It was recommended to approve the hiring of Brad Eller as a seasonal Recreation Leader. Item 6. It was recommended to approve the hiring of Carolyn Beth Beecher as a seasonal Concession Worker. Item 7. It was recommended to approve the hiring of Michael Hadden and Ryan Hauensein as seasonal Street Maintenance Workers. Item 8. It was recommended to approve the hiring of Dan Krocheski as a temporary Engineering Intern. B. Approve correction to September 20,1995 City Council minutes. It was recommended to approve correction to the September 20,1995 City Council minutes. C. Final Subdivision and Final Planned Development, Town & Country Homes, Inc. for Eagan Heights Townhomes 2nd Addition. It was recommended to approve the Final Subdivision for Eagan Heights Townhomes 2nd Addition for 16 lots on 27.5 acres in the SW 1/4 of Section 19, located north of Diffley Road, southeast of Old Sibley Highway and to approve the Final Planned Development for Eagan Heights T ownhomes 2nd Addition for 110 townhome units on 16 lots in the SW 1/4 of Section 19, located north of Diffley Road, southeast of Old Sibley Highway. 97-41 D. Interim A~eement, Right of Way Use A~eement, Brooks Fiber Communications of Minnesota, fiber optic cable installation. It was recommended to approve the right-of-way agreement to allow Brooks Fiber Communications to install fiber optic cable during this building season. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 3 00171. E. Accept withdrawal of the Daughters of Penelope Comprehensive Guide Plan Amendment request. It was recommended to retain the existing RB (Roadside Business) designation by accepting withdrawal of a request for a Comprehensive Guide Plan Amendment from RB, Roadside Business, to D-IV, Multiple Residential for Lot 3, Block 1, Blackhawk Plaza, located east of Diffley Square shopping center, west of 1- 35E and north of Diffley Road in the southeast 1/4 of Section 20. F. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, CommonBond Communities/Tiller Corporation. It was recommended to approve a resolution denying a request by CommonBond Communities for a Comprehensive Guide Plan Amendment from GB, General Business, To D-III, Mixed Residential, on property legally described as Lots 1 and 2, Block 1, Cedar Ridge 2nd Addition, located between Nicols Road and Cedar Avenue (Hwy. 77) on Cedar Ridge Circle in the northwest 1/4 of Section 30. 97-42 G. Proclamation observing "Pause for the Pledge of Allegiance" on Tune 14 at 6:00 p.m. CDT. It was recommended to proclaim June 14, 1997 at 6:00 p.m., to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. 97-43 H. Contract 97-06, approve plans/ order ad for bids (Misc. Street Overlays). It was recommended to approve the plans and specifications for Contract 97-06 (Miscellaneous Street Overlays) and order an advertisement for a bid opening to be held at 10:30 a.m. on June 13, 1997. 1. Contract 97-08, approve plans/ order ad for bids (Wescott & Pilot Knob Rd. - Signal Rev.). It was recommended to approve the plans and specifications for Contract 97-08 (Wescott & Pilot Knob Road- Signal Revisions) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, May 30, 1997. J. Project 688, approve a~eement with Soo Line Railroad (Eagandale Corporate Center - Aldrin Dr. Crossing). It was recommended to approve an agreement with the Soo Line Raidlroad for Project 688 and authorize the Mayor and City Clerk to execute all related documents. K. Vacate utility easement, receive petition/ order public hearing (Lot 1, Block 1, Michael Sill Add. - Tesseract School), It was recommended to receive a petition to vacate a drainage and utility easement as described and schedule a public hearing to be held on June 17, 1997. L. Project 721, receive petition/ authorize feasibility report (Mulcahy Add. - Sanitary Sewer). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 721 (Mulcahy Addition - Sanitary Sewer). M. Amend subdivision development a~eement (Apollo Addition). It was recommended to amend the development agreement for the Apollo Addition by deleting the requirement for local streetlight installation. N. Approve contract between Dakota County and the Eagan Public Safety answering point for Pre- arrival instructions. It was recommended to approve a contract with Dakota County which will provide County seatbeIt funds for use to provide pre-arrival emergency medical instructions. O. Recommendation, Airport Relations Commission, preferred alternative, Noise Abatement Departure Profiles. It was recommended to approve a recommendation by the Airport Relations Commission identifying a preferred alternative from among the noise abatement departure profile to be recommended to the Metropolitan Aircraft Sound Abatement Council for implementation at the MinneapolisjSt. Paul International Airport. P. Acknowledge, ~ant funding from MRPA for Youth Development Program. It was recommended to accept Minnesota Recreation and Parks Association Lawful Gambling Grant in the amount of $2,600.00. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 4 00172 Q. Natural & Scenic Grant Application. It was recommended to accept the recommendation of the Advisory Parks Commission to advise the Department of Natural Resources that the City is unable to accept the 1997 Natural and Scenic Grant. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - JOSEPH AND DEBRA W ALZ City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve a 6.5 foot variance to the required 30 foot building setback along a public right-of-way for Lot 16, Block 3, Wedgwood First Addition, located at 1002 Wedgwood Lane South. Aye: 5 Nay: 0 PROFESSIONAL PLASTICS, INC. - MINNESOTA INVESTMENT FUND APPLICATION City Administrator Hedges provided an overview on this item. Assistant to the City Administrator Hohenstein provided background information on the administration of a loan to Professional Plastics, Inc. stating that the loan is the same as the loan the City gave to Lull Engineering. He further explained how the funds work from the City's revolving loan fund. 97-44 Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember A wada asked where the original money for this loan came from. Assistant to the City Administrator Hohenstein explained that the Revolving Loan Fund's source was the repayment of the Lull Engineering loan which was also funded by the State. Councilmember Awada said she wanted to make sure that the City is not lending any money that had not yet been received. Assistant to the City Administrator Hohenstein stated that Lull prepaid their loan obligation and that the State permits cities to retain the first $100,000 repaid to set up loan funds of this kind. Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and approve a resolution to submit an application to the Minnesota Department of Trade and Economic Development for a low interest business loan up to $100,000 for Professional Plastics Incorporated to assist with its expansion and relocation within the City of Eagan. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Masin seconded a motion to approve a loan of $25,000 from the City's revolving loan fund as the local match for this funding. Aye: 5 Nay: 0 OLD BUSINESS CONSIDERATION OF REQUEST FOR CITY CODE CHANGE REGARDING LIMITATION ON OWNERSHIP FOR ON-SALE LIQUOR LICENSES City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a request to amend the City Code to change the limitation on ownership of on-sale liquor licenses and to direct the City Attorney to prepare the appropriate ordinance amendment. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGES OC173 Councilmember Wachter commented that the City Council is setting a precedent by approving this request. The regular meeting agenda was momentarily suspended to acknowledge retired firefighter John Flood. RECOGNITION OF RETIRED FIREFIGHTER JOHN FLOOD City Administrator Hedges noted that members of the Eagan Fire Department were present to acknowledge a special congressional recognition for retired firefighter John Flood. Linda Westrom, on behalf of Senator Rod Grams, presented Mr. Flood with a congressional award recognizing him for 28 years of outstanding service and achievement. Councilmember Blomquist thanked Mr. Flood for his great service to the community. The business of the regular City Council agenda was resumed. NIDVBUSINESS PRELIMINARY PLAT - MINNEAGAN REAL ESTATE COMPANY (UPS 2ND ADD.) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Gary Gandrud, attorney representing UPS, said that they would like to install the landscaping now, but since there is no water service available along the north property line they would not be able to irrigate the new plantings. He added that they could install certain plantings.that would not require much water, but they would prefer to wait until irrigation is available, Councilmember Wachter said that it would be advantageous for them to plant trees now, Mr. Gandrud reiterated that they can install plantings that do not need irrigation. Mayor Egan commented that the City Council appreciates the letter submitted by David Taylor, Region Real Estate Manager with UPS, outlining what UPS will do to address the neighbors concerns and he added that he hopes they will follow through on all the items. Mr. Gandrud said they will follow through. Councilmember Wachter stated that consideration needs to be given to what types of trees are planted in the City. City Administrator Hedges commented that there is an approved list of trees that are appropriate for planting in the City. Councilmember Blomquist asked what impact this expansion will have on TH 149. Mr. Gandrud explained that they will be providing right-of-way to Kutoff and Yankee Doodle Road. City Administrator Hedges indicated that as part of the corridor study for TH 149 all the industrial users in that area will be taken into consideration. Director of Public Works Colbert noted that the City's consultant, Short, Elliott, Hendrickson, has evaluated the current and potential land uses along TH 149 and the Yankee Doodle corridor trying to project traffic generation and distributions. He said that he will make sure that their projected land uses for this property coincide with the approved application being proposed by UPS. Councilmember Blomquist stated that there is a concern with how many trucks will be in that area and how many other firms are going to expand and what the potential impacts might be. City Administrator Hedges said that all these issues will be coordinated with representatives of UPS. Discussion occurred regarding access to Delaware Avenue and Opperman Road. Councilmember Blomquist suggested looking at the vacant Virginia Fox property to see what may be developed there. Director of Public Works Colbert said he thinks the results of the Yankee Doodle extension corridor study will help to determine the alignment and extent of any right-of-way needs from that parcel. He explained the access to Opperman Drive and the Yankee Doodle corridor. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 6 OC174 Councilmember Blomquist requested that staff include a comprehensive guide plan and/ or zoning map of Inver Grove Heights when other proposals are presented to the Council that are near the Inver Grove Heights/Eagan border. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the UPS 2nd Addition subdivision (replat of UPS 1st Addition) in order to combine Lots 1 and Outlots A & B, UPS 1st Addition into one lot (70.1 acres), Lot 1, Block 1, UPS 2nd Addition located east of Highway 149, north of Opperman Drive and west of Inver Grove Heights subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B2, B4, C1, C2, C4, D1, El, Fl, & HI Storm Sewer /Water Quality 2. All runoff from this development be discharged into Pond GP-5, and that no outlet be installed so that runoff is contained entirely on-site. Planned Development 3. Landscaping should be installed upon completion of grading. Aye: 5 Nay: 0 REZONING & PRELIMINARY SUBDIVISION (MURPHY FARM) SPRINGBROOK CORPORATION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Howard Kyllo, representing Springbrook Corporation, withdrew their variance request for proposed cul-de-sacs to include 60 foot radius "bubbles". Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Rezoning from Agricultural to R-1 Single Family on 22 acres located at 1655 Murphy Parkway, in the NW % of Section 21. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision, including a variance to cul-de-sac length, consisting of 40 lots on approximately 35 acres located at 1655 Murphy Parkway, in the NW % of Section 21 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, Bl, B2, B3, B4, C1, C2, C3, C4, Dl, El, Fl EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 7 OC175 Special Conditions 1. The developer shall comply with the prepared grading and site reclamation conditions resulting from encroachment into Blackhawk Park. The grading within Blackhawk Park shall be reviewed and approved by the City Parks and Recreation department prior to final plat approval. 2. The developer shall be responsible for removal of all wells and septic systems in accordance with County and City standards. 3. The Final Subdivision shall include center-island cul-de-sacs with a 65-foot radius right- of-way dedicated over the "bubble" portions of the cul-de-sacs. 4. This development shall be responsible for costs associated with the extension of water main to the eastern edge of Lot 19, Block 2 to provide for future development of proposed Lots 19 and 20, Block 2. 5. This development shall be subject to a land dedication of Outlot A which will fulfill the parks dedication for the 22 acre site currently proposed for development of and the remaining 13 acres not proposed for development at this time. 6. This 22 acre development shall be responsible for a cash trails dedication. Cash trails dedication for Lots 19 and 20, Block 2 will be required at the time they are further subdivided. 7. The applicant shall install 3 Category B trees as mitigation for significant tree removal in excess of allow limits. 8. The applicant shall create and implement a Conservation Easement protecting the significant woodland located on Lots 14 through 18 of Block 2. 9. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved. 10. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 11. Water quality mitigation requirements can be met through construction of on-site ponding. Skimmers should be installed on both pond outlets and the design of the ponds must be approved by the water resources coordinator. 12. The jurisdictional status of the low area in the northeastern corner of the site should be determined when field conditions permit. If the area is determined to contain a wetland, no draining or filling of the wetland is allowed. 13. Future development on Lot 19, Block 2 shall not take access from the park entry road. 14. The developer shall plat the property. Aye: 5 Nay: 0 Councilmember Awada said she was thankful that the development of this property will match the existing character of the neighborhood. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGES 00176 PRELIMINARY SUBDIVISION & FINAL PLANNED DEVELOPMENT (GALAXIE CLIFF PLAZA THIRD ADDITION) - HERB WENSMANN & LOUIS OLSON City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada asked if the request for nine foot parking stalls is necessary to meet the number of stalls required by City Code. The applicant stated that they have a few more parking stalls than what is required by Code. Ridley added that the applicant feels because the office will create low turnover, nine foot stalls provide for a better use of the property. Mayor Egan said that he feels office buildings constitute low turnover uses as opposed to commercial or retail turnover. Councilmember Masin stated that since her husband works for someone involved with this project she would be abstaining on the vote. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision, Galaxie Cliff Plaza Third Addition, to create three lots on property currently platted as Lot 1, Block 1 and Outlot A, Galaxie Cliff Plaza Second Addition subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: AI, B1, B2, Cl, C2, C4, D1, El, F1, Gl, HI. 2. The property shall be platted. Grading/Storm Drainage 3. The final grading plan shall be revised to reflect parking area grades for Lot 2 of 5% or less. 4. Detailed plans and specifications for all retaining walls shall be submitted for review by the City at the time of final subdivision. Wetlands/Water Quality 5, The water quality mitigation requirements shall be met through payment of a cash dedication. The amount for Lot 1, Block 1, shall account for the added impervious surface from the future building and parking lot expansion on that parcel. Parks and Recreation 6. This development shall be responsible for a cash parks dedication and a cash trails dedication. Aye: 4 Nay: 0 (Councilmember Masin abstained) Councilmember Awada moved, Mayor Egan seconded a motion to approve a Final Planned Development to allow construction of a two-story 24,400 square foot office building on proposed Lot 2, Block 1, Galaxie Cliff Plaza Third Addition subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 9 00:177 Site Plan 1. The Final Planned Development for Lot 2, Block 1, Galaxie Cliff Plaza Third Addition will include a 24,400 square foot office building with a 132-stall parking lot. 2. A Final Planned Development Agreement shall be executed prior to final subdivision and Final PD approval. The following exhibits are required for the Final PD Agreement: . Final Site Plan . Final Building Elevation Plans . Final Sign Plan . Final Landscape Plan . Final Lighting Plan Setbacks 2. The development shall satisfy all setbacks required in the LB zoning district. Parking Lot 3. Except for designated handicapped stalls, parking stalls may be nine feet wide. Landscaping 4. The landscape plan shall be revised so that plant materials do not interfere with vehicles in the parking lot or obscure visibility at the driveway access, to provide adequate growth room for trees and shrubs, to enhance the landscaping along the freeway corridor, and to maintain 75% of screening of the parking lot from Plaza Drive. 5. As required by City Code, the final landscape plan, shall include a planting schedule, all plant materials should meet minimum size requirements, and underground irrigation shall be provided for all landscaped areas. Building Materials 6. All sides of the building shall be treated with the same brick exterior materials. Trash Receptacle Enclosure 7. Trash shall be contained within the principal building or within an enclosure attached to the principal building. The trash enclosure should be of sufficient size to hold all trash dumpsters and any recyclable materials stored outside and shall be constructed of brick materials to match the principal building, and have a gate which provides at least 90% opacity for screening purposes. Signage 8. All signage shall comply with City of Eagan Sign Code provisions for size, location and setbacks. The monument sign shall be set back a minimum of ten feet from all property lines. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 10 Ofl1.78 Lighting 9. The Final Site Lighting Plan shall show the overlay of photometrics on the site plan, and provide a minimum light level of one footcandle throughout the parking lot, not exceeding 1/2 footcandle at property line adjacent to Plaza Drive. 10, Parking lot light standards should not exceed 25 feet in height and light fixtures should be shielded and directed so the light is not directly visible from adjacent residential property east of Plaza Drive. 11. The developer shall provide written documentation to the City regarding an agreement with the owner of the property across Plaza Drive for landscape screening on that property to obscure headlight glare from the driveway access. Aye: 4 Nay: 0 (Councilmember Masin abstained) PRELIMINARY SUBDIVISION & VARIANCE - MAPLEWOOD ACRES, INC. (EAGANDALE CORPORATE CENTER NO.2) Councilmember Awada moved, Councilmember Masin seconded a motion to continue this item to the June 3, 1997 City Council meeting. City Administrator Hedges said that a letter was received from Jack Hoeschler regarding the City Council initiated rezoning of the southerly 80 acres of this site. He added that it was staff's opinion that the Preliminary Subdivision should not be considered prior to the consideration of the rezoning. Councilmember Awada noted that she will be absent from the June 3 City Council meeting. City Attorney Sheldon noted that a rezoning requires four votes of the City Council. Mayor Egan said he will commit himself to continuing this item until Councilmember Awada is present at the June 17 City Council meeting before there is any perverse action. A vote was taken on the motion. Aye: 5 Nay: 0 SHELL PERMIT REQUEST FOR TESSERACT SCHOOL ADDITION City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a shell permit for Tesseract School addition prior to final subdivision approval subject to the signature of the development contract and approval of all financial guarantees. Aye: 4 Nay: 0 (Councilmember A wada abstained) OTHER BUSINESS D-II DISCUSSION Councilmember Awada noted the Comprehensive Guide Plan is being updated and that staff is working on a D-II study. She said she would like to discuss the proposal for the Bieter property. She further said that the City Council did request that the developer present a new proposal consisting of more R-l development. She asked if staff could be directed to consider a rezoning of the property. City Administrator Hedges stated that the City Council was clear that they would like the Comprehensive Guide Plan designation changed from D-II to D-I on a number of properties in the City. He added that, with regard to the development request by PuIte Corporation, the minutes of November 1996 reflect that strong comments were made by some City Councilmembers that they would like the developer to develop the property as R-l. He further added that it does not appear that the developer has EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 11 001.79 incorporated this request into the new proposal. He said that the City Council's priority has been to complete the D-II portion of the comprehensive guide study soon and he stated it should be ready for consideration in July according to Senior Planner Freese. He asked the City Attorney if it would be possible for the City Council to initiate a comprehensive guide plan change for this property with a pending zoning application change before the City. City Attorney Sheldon noted that the City Council has been discussing and considering a City- wide D-II study for some time. He also noted that the Planning Department has been preparing background information regarding the D-II study for some time. He clarified that it is his understanding that the City Council is questioning whether they could implement a D-II study with a restriction on D-II development in the City within the study period. He said there is a specific provision in the Land Use Control section of the State law that provides for interim ordinances that states a City can, if they are considering conducting a study or are conducting a study, implement an interim ordinance City-wide for a period up to one year and an extension up to 18-months. He further said an ordinance could be prepared for the Council's consideration at their June 3 meeting. Councilmember Awada moved, Councilmember Wachter seconded a motion to direct the preparation of an interim ordinance to allow review of Comprehensive Guide Plan D-II areas City-wide for appropriate designation and zoning changes. Aye: 5 Nay: 0 LEGISLA1lVF/INTERGOVERNMENTAL AFFAIRS City Administrator Hedges commented on a lawsuit in another community with regard 'to public housing units and the implications of this litigation on other communities. He said that the Dakota County HRA has requested cities contact their legislative delegation. Councilmember Blomquist moved, Councilmember Masin seconded a motion to direct the City Administrator to contact the City's Metropolitan Council representative and the County's legislative delegation that State resources for new affordable housing in the metropolitan area not be restricted to developments that contain Hollman public housing units. Aye: 5 Nay: 0 City Administrator Hedges provided an update on the Omnibus Tax Bill. ROUNDTABLE City Administrator Hedges noted that according to WCCO Channel4's dimension report, Eagan was ranked as the fifth most livable city in the metropolitan area. Councilmember Wachter asked if any complaints have been received from property owners about Green Acres changes, City Administrator Hedges stated that one has been received from a property on TH 13. He said that staff has met with the property owner and they are looking at potential development opportunities for the property. Councilmember Masin asked if there are any upcoming meetings scheduled for the Dakota County League of Governments. City Administrator Hedges said there is going to be a picnic in June and elected officials will be invited. He further said that the meetings have not been well attended this year and they are re-examining if the meetings should be held less often. Councilmember Masin commented that, with regard to the upcoming collaborative meeting and the impending School Board election, all School Board members should be invited, including both incoming and outgoing members. Councilmembers concurred. Councilmember Blomquist requested an update regarding the complaints received about the Nelson area. She commented that she received a phone call from the Millers stating that the operation of diesel equipment at Richfield Blacktop is in violation of the conditional use permit. Mayor Egan said that he talked to one of the Millers' representatives and he indicated that litigation is imminent. EAGAN CITY COUNCIL MEETING MINUTES; MAY 19, 1997 PAGE 12 00180 Councilmember Blomquist mentioned that she attended the Dakota County Economic Development Partnership meeting and informed the City Council of her observations. She said that the Partnership needs to work on informing the City of upcoming meetings. She added that she was impressed by the group. Councilmember Blomquist asked if the legal services fee associated with the Inver Grove Heights Joint Powers Agreement is paid for out of the fund for legal fees or the utility fund. Director of Public Works Colbert stated that the City of Inver Grove Heights is reimbursing the City of Eagan for those fees. She commented that the City Council should give consideration to what money is spent for legal fees pertaining to the Minnesota Moose lawsuit if the City is only going to recover a small amount of money. She also questioned whether the City Council was spending wisely with regard to the public communications being performed by the Wallace Group. She reserved the right to comment on the current bill's list. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated May 15, 1997 in the amount of $1,897,660.65. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 8:30 p.m. to an Executive Session. Present were Councilmembers Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges, City Attorney Jim Sheldon and League of Minnesota Cities' Attorney Jim Golembeck. Mayor Egan was excused due to his disclosure of former legal representation of the plaintiff in a lawsuit that was discussed in Executive Session. MLK May 19, 1997 Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.