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12/16/1996 - City Council Regular .059 MINUTES OF A REGULAR MEETING OF THE S EAGAN CITY COUNCIL Eagan, Minnesota December 16, 1996 A regular meeting of the Eagan City Council was held on Monday, December 16, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. MONA Councilmember Hunter moved, Councilmember Wachter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Masin requested on page 7, in the first paragraph, the fifth sentence should read, "Councilmember Wachter stated that when he was first elected to the City Council, Eagan originally did not want to accept state aid and the City is still being penalized today because of that decision." She also requested on page 19, in the fifth paragraph under Round Table, the second sentence should read, "She said that she was told that discussion at a recent Metropolitan Council Transportation meeting gave the impression that it is going to be difficult to get Rosemount's share of transit tax from the Met Council." Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Masin requested on page 3, in the third paragraph under Natural and Scenic Grant/Anderson Parcel Acquisition, the last sentence should read, "City Councilmember Masin stated that she would like to at least negotiate the purchase based on current grant funding and provide future direction based on the Anderson's response." Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 / t3� �" .It's :.,.,.�:�'f+Ji�� 9T "�' ./ •►� ,,1.-J Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 r'JC ;4;20,Y7,00, 'I% RECOGNIZE THE RETIREMENT OF FIVE FIREFIGHTERS IN 1996 City Administrator Hedges introduced each of the five firefighters to be recognized for their many years of service to the Eagan Fire Department. The following individuals were presented certificates of appreciation by Mayor Egan: John Flood, Bob Gastfield, Bob Treichel, Dick Schindeldecker and Rick Murphy. Mayor Egan commended them all for their hard work, commitment and sacrifices they have given to the community. Councilmember Wachter concurred with Mayor Egan's commendation and also 410 recognized their spouses for their support. 00460 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 2 FIRE PREVENTION POSTER CONTEST WINNERS City Administrator Hedges introduced this item. Fire Chief Jensen invited the Fire Department's Fire Prevention Officer Chris Grubb and his assistant Al Taylor forward to help present the plaques and savings bonds to Andrea Nickell, 1st place winner; Emily Zellmer, 2nd place winner and Katie Broom, 3rd place winner. The winning posters were shown and the Mayor extended the Council's congratulations to the winners. INFORMATION REGARDING MVTA, BEVERLY MILLER, EXECUTIVE DIRECTOR Councilmember Masin said that due to the fact that Councilmember Glenn McKee of Burnsville was being honored at the Burnsville City Council meeting and has been very active with the MVTA, Beverly Miller was not able to attend the City Council meeting and this item will be discussed at a future Council meeting. City Administrator Hedges noted that Beverly Miller has sent a letter to the Mayor and City Council and it will also be forwarded to them in the Informative Memo. Councilmember Masin stated that during the park referendum and campaign it became apparent that the City is still not getting all the information out to the public that they would like communicated. She noted that a variety of media has been utilized, but requested the public provide suggestions to the City regarding what mode of communication works best in getting the information to them. Councilmember Hunter noted that this is his last City Council meeting and he acknowledged his appreciation for the City staff and stated in his opinion they are the best in the state, if not the nation, and he said what a pleasure it has been serving with everyone on the Council. City Administrator Hedges thanked Councilmember Hunter for his comments on behalf of the staff. mfrooggiso In regard to Item M, Contract 97-04. Approve consultant and authorize detail plans and specifications (Cliff Rd. Water Treatment Facility- Standby Generator), Councilmember Masin asked if the cost savings was being used for the purchase price. Director of Public Works Colbert noted that the Finance Director is financing the purchase price through the Water Utility Fund, which will be paid back through a transfer as a part of each annual operating budget. He said the budget document will include the old energy rate and then there will be a fund transfer equal to the savings to pay back the Water Utility Fund to pay for the generator. Councilmember Wachter asked what type of fuel this generator will utilize. Colbert indicated it would be diesel fuel. Councilmember Wachter asked if propane gas could be used to eliminate pollution and see if there could be any cost savings. Colbert stated that propane gas could be included as a bid option. In regard to Item P, Recommendation. Airport Relations Commission. 1997 Legislative 'genda, Councilmember Wachter asked if land banking on the Dakota County site is feasible due to the fact that it has been eliminated. Assistant to City Administrator Hohenstein stated that the Commission was taking into consideration the City's position from last fall that would support expansion if there were land banking of the Dakota County site and if there were adequate mitigation. He said the Commission wanted to offer, for the Council's consideration, the point that if the matter comes up, the City has supported land banking in the past and would again. He further said there may be some questions in regard to the specific site, but this was a way to simply state that the City was interested in land banking in the past. Councilmember Wachter asked if everyone on the Council was in agreement with the land banking. Councilmember Hunter • said he was in agreement because the projections were understated for the growth of the present airport and he thinks that the state legislature will probably be revisiting this issue. He further said he is certain 00461 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 3 that someday another airport will have to be built to accommodate the growth and, if land banking is not done, the whole process will have to start over. Councilmember Wachter mentioned that he does not think the airport will ever be eliminated at the present location, but there may possibly be another airport in addition to the current one. He added that from the viewpoint of a farmer, he did not know if they would want to see their farm being held in abeyance because of something that might happen in the future. Councilmember Hunter noted that a farmer could still farm the land and even sell his property, but not to a developer to change the use and develop the land. Mayor Egan concurred and stated that if the potential sites are not explored for a new airport the cost may be prohibitive in the future. Councilmembers Wachter and Awada were opposed to this item. In regard to Item R, Approve Amendments to MVTA Joint Powers Agreement, City Administrator Hedges stated that he talked with City Attorney Sheldon this afternoon and there were some procedural questions raised and he noted that this item should be continued to the January 21, 1997 City Council meeting. A. Personnel Items Item 1. It was recommended to accept the resignation of Jeff Perry from his position as Forestry/Parks Maintenance Worker. Item 2. It was recommended to accept the resignation of Kerry Yehle from her position as a part-time Clerical Tech II/Receptionist in the Police Department. Item 3. It was recommended to approve the hiring of Katy Jonas as a part-time Clerical Tech 110 II/Receptionist in the Police Department. Item 4. It was recommended to approve the hiring of Aaron Hunter and Jill Isebrand as part-time seasonal Civic Arena ice supervisors. Item 5. It was recommended to approve the hiring of Martha Buyck, Mark Cleare, Rachel Collingham, Kim Gill,Andrew Halverson, Nate Hauenstein, Brian Heaver, Ben Koenke,Andrew Koppang, Michael Kremenak, Bryce Meyer,Jennifer Neumann,Jason Ponsonby, Nick Poppler, Ryan Rausch,Jason Schwamb, and Todd Skwira as temporary seasonal Winter Recreation Leaders. Item 6. It was recommended to approve the 1997 Non-Collective Bargaining Employees Compensation/Benefits Schedule as follows: 1. Compensation rates for regular, non-collective bargaining employees be increased by 3% across the board. 2. With the exception of election judge rates, compensation rates for temporary, non-collective bargaining employees also be increased by up to 3%. (Note: Due to the difficulty in filling some temporary positions such as seasonal maintenance in the spring and fall and winter recreation leaders, it may be necessary to further adjust these rates in the future.) 3. Car expense allowances for department heads also be increased by 3%. 4. Mileage rates be set at the IRS amount(which is currently$.31 per mile). If the IRS increases this amount, the City's amount would automatically increase to the new IRS rate. 5. The City's contribution for family health insurance would remain at the 1996 amount. 6. The City's compensation plan for non-collective bargaining employees be revised to allow employees who do not have a four year degree to reach the top step of the plan by letting those . employees reach the top step at their eight or ten year anniversary date (whichever is individually applicable) effective January 1, 1997. 00462 • EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 4 Item 7. It was recommended to approve an amendment to the City's Personnel Policy adding Police Dispatchers to the list of employees who will be required to take a psychological examination after a conditional offer of employment is made. Item 8. It was recommended to approve the revised 1997 pay stipend rates for members of the Volunteer Fire Department. B. Approval of the 1997 Special Revenue Fund Budgets. including the Housing Revenue Bond Fund. the Police Forfeiture Fund.the Housing and Redevelopment Authority Fund. the Recycling Fund.the Economic Recovery Grant Fund. the Cedarvale Special Services Fund. and the Cable TV Franchise Fees Fund. It was recommended to approve the 1997 Special Revenue Fund Budgets, including the Housing Revenue Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund and the Cable TV Franchise Fees Fund. C. 1997 License Renewals for refuse haulers. tobacco/cigarette sales. tree contractors. stable license - Diamond T. Ranch. It was recommended to approve the license renewals as attached in Exhibit A. D. Hauler License for construction/debris for Tennis Roll-off L.L.P.. G. Logan & Sons Hauling and Willies Dumpster, It was recommended to approve hauler licenses for construction/demolition debris for Tennis Roll-off L.L.P., G. Logan & Sons Hauling and Willies Dumpster. E. Approval of Amendments 10 the Suburban Transit Authority Joint Powers Agreement. It was • recommended to approve the amendments to the Suburban Transit Authority (STA) Joint Powers Agreement. F. Approve 1997 Fee Schedule. Municipal Engineering Firms. It was recommended to approve an amendment to the consulting engineering contract regarding fee schedule for 1997 for Bonestroo, Rosene, Anderlik & Associates (BRAA); Maier Stewart &Associates (MSA); Short-Elliott-Hendrickson, Inc., (SEH); and Strgar, Roscoe, Fausch (SRF). G. Contract 94-Q. Acknowledge completion/authorize City maintenance (Cliff Lake Townhomes- Utilities). It was recommended to acknowledge completion of Contract 94-Q (Cliff Lake Townhomes - Utilities) and authorize perpetual City maintenance subject to warranty provisions. H. Contract 95-Q. Acknowledge completion/authorize City maintenance (Cliff Lake Townhomes 2nd - Utilities). It was recommended to acknowledge completion of Contract 95-Q (Cliff Lake Townhomes 2nd Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. I. Contract 95-S. Acknowledge completion/authorize City maintenance (Blackhawk Forest - Streets & Utilities). It was recommended to acknowledge completion of Contract 95-S (Blackhawk Forest - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. J. Contact 95-AAA. Acknowledge completion/authorize City maintenance (Preusse Add. - Utilities). It was recommended to acknowledge completion of Contract 95-AAA (Preusse Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. K. Contract 96-F. Acknowledge completion/authorize City maintenance(Rahn Ridge 2nd-Utilities). It was recommended to acknowledge completion of Contract 96-F (Rahn Ridge 2nd Addition - Utilities) and • authorize perpetual City maintenance subject to warranty provisions. II 0046;3 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 5 L. Contract 96-20. Receive bids/award contract (Yankee Doodle Rd. and Promenade area - Street & Pedestrian Lighting). It was recommended to receive the bids for Contract 96-20 (Yankee Doodle Road, Denmark Avenue, Northwood Drive, Promenade Ave. - Street & Pedestrian Lighting) and award the contract to Peoples Electric Company in the amount of$416,637.65 and approve a maintenance agreement with DEA Association. M. Contract 97-04. Approve consultant and authorize detail plans and specifications (Cliff Rd. Water Treatment Facility - Standby Generator). It was recommended to approve retaining Dakota Energy Alternatives, Inc., (DEAI) for technical design and contract management services and authorize the preparation of detailed plans and specifications for Contract 97-04 (Cliff Road Water Treatment Facility - Standby Generator). N. Approve Multi-City Joint Powers Agreement (Traffic Marking. Sealcoat. etc.). It was recommended to approve a multi-city joint powers agreement (traffic marking, sealcoat, street sweeping, etc.) and authorize the Mayor and City Clerk to execute all related documents. 96.114 O. Final Subdivision. Hilla. Inc. -Whispering Woods Eleventh Addition. It was recommended to approve a final subdivision for Whispering Woods 11th Addition consisting of 19 lots on 20.97 acres located south of Wall Street, west of Slater Road and east of Burnsville in the SW 1/4 of Section 31. P. Recommendation. Airport Relations Commission. 1997 Legislative Agenda. It was recommended to approve the recommendation by the Airport Relations Commission concerning a proposed 1997 legislative agenda for airport issues. (Councilmembers Wachter and Awada opposed). • Q. Approve Amendment to Exchange Agreement- Gopher Resources. It was recommended to approve Amendment One to the exchange agreement between the City and Gopher Resources Corp. and authorize the Mayor to sign. R. Approve Amendments to MVTA Joint Powers Agreement. (This item was pulled from the Consent Agenda for consideration at the January 21, 1997 City Council meeting). S. Authorization to proceed with land acquisition for Fire Station No. 6. It was recommended to authorize the acquisition of property on Lexington Avenue, north of Wescott Road, for future Fire Station No. 6, as presented. T. Contract 93-M. Acknowledge completion/authorize City maintenance (Autumn Ridge 3rd - Streets & Utilities). It was recommended to acknowledge completion of Contract 93-M (Autumn Ridge 3rd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. U. Contract 92-W.Acknowledge completion/authorize City maintenance(Hawthorne Woods 2nd-Streets & Utilities). It was recommended to acknowledge completion of Contract 92-W (Hawthorne Woods 2nd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. V. Settlement Agreement for Caponi Assessment/Project 607. It was recommended to approve the 96.114.1 settlement agreement for special assessments levied to Anthony Caponi for Project 607. Councilmember Masin moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 • 00464 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 6 glOAVOICANgg MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS WOODRIDGE APARTMENT PROJECT City Administrator Hedges provided a brief overview on this item. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and continue this item to the January 21, 1997 City Council meeting. Aye: 5 Nay: 0 OWNIAWA CERTIFICATION OF 1997 PROPERTY TAX LEVY, INCLUDING CITY, TRANSIT AND SPECIAL SERVICES DISTRICT 96.115 City Administrator Hedges gave an overview on this item. Mayor Egan noted that there was significant discussion at the last Council meeting regarding this item. Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the resolution certifying the 1997 Payable Property Tax Levy. Aye: 5 Nay: 0 APPROVAL OF 1997 GENERAL FUND BUDGET, 1997 ENTERPRISE FUND BUDGETS, INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGE/ • WATER QUALITY AND CIVIC ARENA City Administrator Hedges gave an overview on this item. He noted that copies of the draft budget are available for public inspection at any time and the budget will be placed at the public library for review after they are bound in final form. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1997 General Fund Budget and 1997 Enterprise Fund Budgets, including Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and Civic Arena. Aye: 5 Nay: 0 APPROVAL OF 1997-2001 CAPITAL IMPROVEMENT PROGRAM, INCLUDING PART I (GENERAL GOVERNMENT FACILITIES), PART II (VEHICLES AND EQUIPMENT) AND PART III (INFRASTRUCTURE) EXCLUDING PARKS City Administrator Hedges gave an overview on this item. Councilmember Awada moved to approve this item with the understanding that there is still a debate over the cost of the Fire Administration building. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the 1997- 2001 Capital Improvement Program, including Part I (General Government), Part II (Vehicles and Equipment) and Part III (Infrastructure) excluding Parks. Aye: 5 Nay: 0 PROJECT 636R, FINAL ASSESSMENT ROLL (POPPLER LANE - STREET IMP.) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert noted that there has been a lot of discussion and background information provided on this item and therefore did • not present a formal staff report. Mayor Egan commended Councilmembers Awada and Wachter, who 00465 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 7 serve on the Public Works Committee, for their work and recommendation. Councilmember Masin asked for clarification on Mr. Poppler's last letter in regard to the duplication of a process by the engineering firm and whether this had been discussed in the meeting with the Public Works Committee members. Councilmember Awada stated that the duplication may have occurred and that was taken into account in their decision. Councilmember Wachter mentioned that Larry Poppler had asked whether or not he could come before the Council this evening. Councilmember Wachter told Mr. Poppler that he would have that opportunity if he so desired. Larry Poppler, 3030 Poppler Lane, addressed the City Council and noted that he drafted a letter stating his concerns and recommendations following the Public Works Committee meeting. He asked if the terms being recommended are the same as those agreed upon on January 16, 1996. Mayor Egan noted that to his knowledge the terms are the same. Mr. Poppler reiterated many of the objections and concerns he expressed at the public hearing, which were also addressed during the Public Works Committee meeting. Councilmember Wachter stated that the objections were already discussed at the Public Works Committee meeting. Mayor Egan added that the Council is aware of every aspect regarding Mr. Poppler's arguments. He further added that the Council had received a memo from staff containing the Poppler proposal and the revised Public Works Committee recommendation, which is further refined by reductions that the Public Works Department staff found would be possible due to good unit costs. He noted that the modified recommendation is within $48.48 of Mr. Poppler's proposal. Mr. Poppler stated that he was unaware that the numbers were that close. Councilmember Wachter said that the Public Works Committee's recommendation was further modified because of successful negotiations with the contractor. Mayor Egan stated that this process has been fair and he commended Councilmembers Wachter • and Awada and staff for their work in regard to this assessment. Colbert clarified that the assessment will be deferred for five years and then spread over a period of seven years. Councilmember Hunter moved, Councilmember Wachter seconded a motion to receive the Public Works Committee recommendation and approve the final assessment roll for Project 636R (Poppler Lane- Street Improvements)as modified on December 13, 1996 and certify the roll to Dakota County for collection to begin with taxes payable in the year 2002. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/PYLON SIGN - CSM CORPORATION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report noting the revisions being proposed by CSM Corporation. Steve Dubbs, representing CSM Corporation, addressed the Council and said he feels that a good compromise was reached. Councilmember Masin asked why the variance to the signage was granted to the Green Mill Restaurant. Freese indicated the issue was with the second sign which was the PD Amendment for the sign on Rahncliff Court and Rahncliff Road. She said that typically a second pylon sign is not allowed. She further said that Green Mill needed to have visibility from Cliff Road in order to meet MnDOT's requirement to allow them to have signage for their restaurant placed on the freeway sign. Councilmember Hunter stated that it is obvious from the study that staff conducted that this is consistent with past practice. He further stated that since the Council banned additional billboards, they have been consistent in showing some flexibility with signage next to the freeway. Councilmember Masin noted that this sign will be visible without granting the variance and if the Council grants the variance to this business other businesses will likely follow suit. Mayor Egan said that only one sign is being requested, which will serve a dual purpose. Mr. Dubbs stated that the reason they are requesting the additional height is because of the topography of the property which results in limited visibility at the original location. • Councilmember Masin commented that she is cautious about granting a larger sign. Councilmember Hunter reiterated that the difference is that there are two uses being proposed for one sign. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 0( 4. 66 • PAGE 8 Councilmember Hunter moved, Mayor Egan seconded a motion to approve a Planned Development Amendment for modifications to the pylon signage subject to the following conditions: 1. The pylon sign shall not exceed 35 feet in height. 2. The total sign area shall not exceed 150 square feet per side. 3. The pylon sign shall be located as shown on the site plan dated 12/11/96. Aye: 4 Nay: 1 (Councilmember Masin opposed) 96.116 $2,925,000 VARIABLE RATE DEMAND COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1996 -YANKEE SQUARE INN LIMITED PARTNERSHIP PROJECT City Administrator Hedges gave an overview on this item. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a resolution authorizing the issuance and sale of$2,925,000 variable rate demand commercial development revenue refunding bonds to refinance a project. Aye: 5 Nay: 0 • BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION 1997 BUDGET City Administrator Hedges gave an overview on this item. Councilmember Wachter asked how long the City will be in the cable business and if and when a sale is going to occur. Assistant to City Administrator Hohenstein indicated that the sale had been closed between U.S. West and Continental and Meredith Cable. He went on to say that U.S. West will continue to be a franchisee for however long they own the system. He said that beginning in 1997, the City is at the point of cable refranchise and, at the present time, it is still appropriate to have a franchise. He noted that at some point in the future franchises may not be necessary due to competition, but he said if that should happen it would probably occur gradually. Councilmember Awada stated that the Council has discussed with the Cable Commission about how public access can be utilized when and if no cable company is available. She further stated that preparation should begin before the change occurs. Hohenstein said that the Commission is working on putting together some information regarding a transfer of access production from the company to some other entity. Councilmember Awada added that this was discussed with the Commission over a year ago and she asked where they are at in the process. Hohenstein noted that they have not had an opportunity to work on that particular issue due to the other issues they have been dealing with regarding the transfer. Councilmember Awada requested a timeframe be established by the Commission. Councilmember Masin moved, Councilmember Hunter seconded a motion to approve the 1997 Burnsville/Eagan Cable Communications Commission budget. Aye: 5 Nay: 0 RECOMMENDATION, AIRPORT RELATIONS COMMISSION, CONTRACT PROHIBITING CONSTRUCTION OF NORTH PARALLEL RUNWAY City Administrator Hedges gave an overview on this item. Assistant to City Administrator 00467 • EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 9 Hohenstein discussed the Airport Relations Commission's proposal as drafted by the City Attorney's office based on the direction provided by the Commission. Hohenstein noted that the Commission determined that it would be in the best interest of the City to have a contract of this nature, that the City should pursue as long a term as possible and that if the contract is tied in any way to the north/south runway a condition should be in place to require that no operations overfly the City of Eagan. He further noted that the contract has been forwarded to the MAC. He said it does not appear that the City will have to pursue an extension because of the late notice. He stated that the language pertaining to no overflying of the City is not included because it was only to be a part of the contract if the MAC pushed the point. He discussed the main points included in the other affected cities' contracts. Mayor Egan mentioned that the City of Mendota Heights originally was opposed to the north/south runway and later changed their position and now supports the construction of the north/south runway,which the City of Eagan is opposed to. Hohenstein indicated that because the MAC is asking that certain rights be limited and there be set terms, the City of Minneapolis has stated it may be better to have no contract vs. a bad contract. He noted that the City of Eagan may find itself in a similar situation as negotiations proceed. Hedges commented that there was a collaborative effort on behalf of the City Attorney's office and the ARC. Bea Blomquist, 4504 Oak Chase Road, addressed the Council and stated that it is important to remember that there are many residents in the City who are employed by the airport, the MAC and also Northwest Airlines. She noted that Northwest Airlines contributes a great deal to the economic base of the • City. She said it is important to present a balance of the other side and consider all the aspects as well as the economic values. She mentioned Jennifer Sayre, Director of Airport Access, who is concerned about the votes of the City Council and she added that the Council should communicate more with her. Councilmember Masin stated that the reason the Council supports land banking is because they believe the airport is important and they do value having Northwest Airlines located in the City. Ms. Blomquist said that land banking is too far in the distant future and it is necessary to discuss the issues with representatives from Northwest Airlines. She further said that Northwest Airlines is not in favor of land banking. Councilmember Hunter commented that land banking is not the issue before the Council. Mayor Egan noted that Northwest Airlines was well represented at the Mitigation Committee meeting where this item was discussed. Ms. Blomquist stated that the City needs to communicate more with representatives of Northwest Airlines. Mayor Egan commended Mike Schlax, Chair of the ARC, and the entire commission for coming up with their recommendation so quickly. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve a recommendation by the Airport Relations Commission to offer the Metropolitan Airports Commission a contract pertaining to limits on construction of a third parallel runway under the terms and conditions presented. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION GOPHER RESOURCE CORPORATION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Councilmember Wachter asked if the holding pond on this site will service both plants. Freese • indicated that the existing facility is serviced by another storm water pond and that this pond is intended to serve the new development. Director of Public Works Colbert stated that he was not sure of the EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 10 drainage districts of the existing facility. Councilmember Wachter asked if the existing pond was going to be deleted to allow for further construction. Freese said that the construction of the new facility will not affect the existing storm water pond. She further said that she did not know if the ponds would be connected. Councilmember Wachter noted that he was concerned about the quality of water that will be entering the lake and the affect it will have on the fish. Freese added that the proposed storm water pond will be a double ponding system which serves as a treatment system in the pond before it connects to the larger pond. Councilmember Wachter reiterated that he wants to make sure the water is tested before it enters the lake. John Tapper, representing Gopher Resource Corporation, addressed the Council and stated that the two storm water ponds are separate and will not tie into each other. He said that the storm water pond at the Gopher Resources plastic facility will serve to catch parking lot and driveway contaminants and no testing is done of these types of ponds. He added that the facility will be completely enclosed and there will be no outside activity taking place. Discussion continued regarding the quality of water in the storm water ponds. Mr. Tapper stated that the water quality of the existing storm water pond has been tested and has met the water quality standards set by the MPCA. Councilmember Masin asked if a stipulation could be added that the ponds not be connected to Pond EP-2. Colbert said that the water from the pond is ultimately to be connected to Pond EP-2, also referred to as the Borchert-Ingersoll Pond, which is classified as a large treatment sedimentation basin for water quality purposes. He further said that the ponds being proposed with this development provide pre-treatment for property before it is discharged into the larger Borchert-Ingersoll Pond. He added that these ponds are being designed to accommodate sediment removal. He indicated that testing of the ponds could be done to verify that there are no heavy metals in the water. Councilmember Wachter said he would like to see that done. Mr. Tapper mentioned • that they are regulated and are required to have water quality discharge permits that require testing be completed. Councilmember Wachter requested that Mr. Tapper supply those reports to City staff. Mr. Tapper noted that the addition of the new facility will not increase traffic other than the projected increase of 3% to 5% annually. He addressed the concerns regarding odor and noise at the existing facility. He said that they have had two community meetings and have also conducted an odor and noise study. He mentioned that they have added several mufflers and silencers to the facility and the noise study showed they were in compliance with all MPCA requirements for noise. He further mentioned that the odor study showed there is a potential odor problem. He stated that they will be installing thermal oxidizer units in the spring of 1997 to help alleviate the problem. He further stated they are in compliance at present, and will also be in the future, with the new regulations for total hydrocarbons. He added that the EPA has used this site as an example that other recyclers in the industry will have to follow. He further added that they are committed to the neighbors to resolve the problems. Councilmember Wachter asked what they will be doing with the recycled plastic and what odors will be emitted. Mr. Tapper clarified that the existing facility is experiencing problems with odors and the new facility will not emit any odors since the operation will be completely enclosed. He explained what the recycled plastic will be used for. He also talked about the days and hours of operation. He noted that the driveway access will be improved. Councilmember Wachter asked if the water level of the pond will be kept at the highest level in order to preserve as much water as possible in the City. Director of Public Works Colbert explained how a water quality pond works most efficiently. Sheila Grabowski, a former Eagan resident who resided at 580 Chapel Lane, addressed the Council and stated that she moved from that location because of Gopher Resource. She noted that she • is concerned with the odors emitted from the current facility. She requested that the Council hold their application until the afterburner system is installed in March and see if the problem is corrected. She 00469 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 11 presented information to the Council that states what the applicant is proposing to do will not solve the problem. She said many people in the neighborhood have asthma, allergies or have died from lung cancer and she feels that is a result of Gopher Resource's operation. Councilmember Awada commented that the City Council does not have the authority to hold their application. Councilmember Hunter stated that the Council could not deny this request based on a different piece of property. Ms. Grabowski requested that the Council deny this application. She expressed another concern that lead particles are emitted from this facility. She added that the proposed City park will not benefit the neighborhoods because they will have to drive to the park since walking across TH 149 is too dangerous. She also added that traffic cannot access the new facility via the existing facility's entrance as per her interpretation of the PCA permit. She said the only entrance to the facility will be off of TH 149. Councilmember Hunter stated that Ms. Grabowski's concerns with lead in the soil and access to the new site were relevant, but he added that her concern with the existing facility is not legally relevant. Mayor Egan said that most of the members of the Council are very familiar with the issues surrounding the operations at Gopher's existing facility and he noted that the City will continue to work on those issues. He added that they Council is dealing with two separate issues. Chuck Torkilson, 510 Rolling Hills Circle, addressed the Council and stated that over the past eight months they have talked several times to John Tapper and the staff at Gopher Resource. He noted that this is a good plan except for the safety issue posed by the entrance off of TH 149. He felt it would be prudent to move the entrance. • Mayor Egan said that there are two entrance points into the site, one off of Yankee Doodle Road and one off of TH 149. Director of Public Works Colbert stated that TH 149 is proposed to be the primary access for public traffic to the facility and the access off of Yankee Doodle Road will be utilized by truck traffic. Councilmember Hunter asked if it was correct that the PCA will not allow access via the existing facility. Colbert said he was not aware of that condition. Councilmember Hunter noted that the accesses are a condition of this approval and he asked if the PCA refuses to grant access would that nullify the approval process. Colbert explained that usually the PCA is involved in dealing with access only when there are potential problems with congestion and mitigation of air quality. He said that if there is some condition placed on the use of the property as a smelting operation, restricting truck traffic, he is not aware of it. He further said that if the second access is deemed necessary and required for this application, staff should investigate to determine if there is full and adequate access from Yankee Doodle Road. Discussion occurred regarding an upcoming meeting with Dakota County and MnDOT to discuss the traffic situation near this location. Mayor Egan noted that a letter was received from MnDOT stating that they will agree to the access to TH 149 under certain conditions. He asked if MnDOT would be aware of any PCA requirements regarding access. Colbert stated that if the PCA put that restrictive condition pertaining to access on the existing operation neither MnDOT nor the City would be aware of it. Councilmember Hunter asked if there would be any problem adding a condition that the PCA has to approve the access points. Colbert indicated that a statement could be asked for from the PCA relating to that condition. City Attorney Sheldon noted that this property only has direct access to TH 149. Colbert stated that the application proposed two access locations. Mr. Trapper clarified that the main access is from TH 149 and he said that the reason they are proposing another access is because the trucks have to come into their facility and use their scale. He stated that they do not have any provisions in their air quality permits, which are regulated by the PCA, that specifies traffic to their facility is to be restricted. Mayor Egan asked if TH 149 would have a lower volume of traffic. Mr. Trapper indicated that would be the case. • Ms. Grabowski stated that she obtained the information pertaining to the PCA restricting access 00470 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 12 from the existing facility to the new facility from Gopher Resource's PCA files from the last five years. Colbert addressed the safety concern regarding the access off of TH 149. He explained the proposed design and the bypass lane and said that according to MnDOT this design is appropriate. Mr. Torkilson expressed his concern with eliminating the right turn lane only onto Rolling Hills Drive and creating a bypass that extends beyond Rolling Hills Drive. Councilmember Wachter stated that he raised a good point and he feels that there are other traffic problems in this area that need to be addressed. Councilmember Awada moved,Councilmember Hunter seconded a motion to approve a Preliminary Planned Development allowing a post-consumer industrial plastics recycling plant that will also house a Dakota County household hazardous waste drop-off and recycling center on 13.4 acres north of Yankee Doodle Road,west of Highway 149, and just north of the existing Gopher Resources facility located at 3385 Highway 149 subject to the following conditions: 1. The Preliminary Planned Development approval is contingent upon the acquisition by Gopher Resources Corporation for all the land comprising Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. 2. This multi-phased Planned Development shall have a term of fifteen (15) years. 3. The Preliminary PD provides for a 41,500 SF (ultimate 89,100) plastics recycling plant on Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. 4. A Final Planned Development Agreement shall be executed prior to Final Subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: *Final Site Plan *Final Building Elevation Plan *Final Sign Plan *Final Landscape Plan Upon submission of these final plans, they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. Final approval by the City Council includes future expansion provided the expansion is in conformance with the approved plans in the Final Planned Development Agreement. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Wachter was opposed to this item because he felt there were too many questions raised and left unanswered. Councilmember Awada moved,Councilmember Hunter seconded a motion to approve a Preliminary Subdivision (Gopher Eagan Industrial Park 3rd Addition)consisting of one lot and two outlots on 74.5 acres located north of Yankee Doodle Road, west of the Canadian Pacific Rail System line, and east of Mike Collins Drive 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: 00471 • EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 13 Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, F1, G1, and H1 2. The property shall be platted. Storm Drainage/Water Quality 3. The discharge pipe from the proposed pond shall be extended to the normal water level of Pond EP-2 to reduce the potential for erosion of the side slopes of Pond EP-2. 4. Water quality mitigation requirements shall be met via the construction of a two-cell detention basin with a skimmer structure at the outlet. Utilities 5. The proposed sanitary sewer extension shall be constructed to provide service to all of Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition and the northern portion of Outlot F, Gopher Eagan Industrial Park 2nd Addition. Easements/Permits/Rights-of-Way 6. Private ingress/egress easement documents covering all proposed shared access drives shall be submitted to the City Attorney's office for review and approval prior to Council action on the Final Subdivision. • 7. All construction within CP Rail right-of-way shall be reviewed and approved by CP Rail System. 8. The access upgrade and water main construction within MnDOT right-of-way of TH 149 shall be reviewed and approved by MnDOT. 8b. The applicant provide documentation that the PCA approves truck access to the property through the existing Gopher Smelting property. Tree Preservation 9. The developer shall provide tree protective measures (i.e. 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 10. The developer shall contact the City Forester at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Land Acquisition 11. The Preliminary Planned Development approval is contingent upon the acquisition by Gopher Resources Corporation of all the land comprising Lot 1, Block 1, Gopher Eagan Industrial Park 3rd Addition. Aye: 4 Nay: 1 (Councilmember Wachter opposed) • 00472 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 14 COMPREHENSIVE GUIDE PLAN AMENDMENT -AMS PROPERTIES City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report. Councilmember Awada asked if any new information had been submitted by the applicant as to why they believe D-III land use would be better than the existing land use. Freese indicated that the applicant feels the property has been on the market for a long time as commercial property and he has received no strong inquiries for development of the land for that use. She further indicated that the applicant felt the development of townhomes was most appropriate because of the site constraints. Mayor Egan referenced the statutory authority for review which states that when a change to the City's Comprehensive Guide Plan is requested, it is the City's responsibility to determine if the change is in the best long-range interest of the City. The standard of review of a City's action in approving or denying a Comprehensive Guide Plan Amendment is whether there exists a rationale basis. He said a rationale basis standard has been described to mean having legally sufficient reasons, supportable by the facts which promote the general health, safety and welfare of the City. He added that the Council has received a strong, unanimous recommendation from the Planning Commission, several phone calls and letters from the public and also a petition with over 300 signatures all in favor of denial of this request. He then asked if any member of the Council had a strong interest in reviewing the change in the Comprehensive Guide designation of this land after his review of the authority he quoted. Councilmember Hunter added stated he did not have any interest in further review and he cited four reasons why he was not interested as follows: 1) this is a documented airplane noise impact zone 2) Cedarvale is already a viable, commercial area 3) CSC and D-I uses are appropriate and viable uses for this property and 4) there is already an overabundance of high density residential, townhomes in the City. • Councilmember Hunter moved, Councilmember Masin seconded a motion to deny a Comprehensive Guide Plan Amendment to change the land use on approximately 17 acres from CSC (Commercial Shopping Center) and D-I Residential (0-3 units/acre) to D-III Residential (6-12 units/acre) to allow development of townhomes on property located on Beau-D-Rue Drive in the NE 1/4 of Section 19. City Administrator Hedges stated that the City Attorney recommended the preparation of findings for denial. Mayor Egan explained the purpose of the findings. A vote was taken on the motion. Aye: 5 Nay: 0 Dan Wilharber, 2082 Carnelian Lane, addressed the Council, and stated the neighbors would like to have the ability to review proposals for that area and have a say in what is put there. Mayor Egan stated that not every acre in the City of Eagan is necessarily developable in the next six months and the Council is not willing to give up on the commercial viability of the Cedarvale area at this time. He recommended that the neighbors talk to the property owner and discuss their ideas with him. Councilmember Awada said that if another proposal is brought forth the neighbors will be notified. Mayor Egan recessed the meeting at 9:10 p.m. He reconvened the meeting at 9:15 p.m. COMPREHENSIVE GUIDE PLAN AMENDMENT - PHILIP LARSON City Administrator Hedges gave a brief overview on this item. He noted that the Planning Commission minutes inadvertently indicate that the Commission recommended approval and it should state they recommended denial. Senior Planner Freese gave a staff report. • Philip Larson, applicant, addressed the Council and showed pictures taken from different areas of the site. He stated that the property has been for sale for a long time and that developers are not 00473 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 15 interested in buying the property for the purpose of building single family homes. He said the other option developers may be willing to consider is building townhomes, but he said that there are already an abundance of townhomes in the City. He indicated that he has contacted all the people around the site, i.e., Lebanon Hills, Dakota County Parks District, and they have no money available to buy anymore land, which would have been another viable use for the site. He further indicated that he contacted some daycare businesses and they expressed an interest in the site after the zoning has been changed. He stated that he feels the southeast corner of Eagan has been neglected for some time in regard to retail development. He noted that there is a small neighborhood contingent that is unhappy with the development of this property, but he added that many people are excited about this proposal. Mayor Egan expressed his appreciation for the staff report which clearly delineates the issues. He stated that this particular parcel of land is outside of any circle of commercial nodes within the City of Eagan, which is one of the criteria that the Council attempts to use to justify the existence of commercial development. He further stated that the City has an overabundance of commercially zoned land and is preciously short of single family land. He referenced the statutory authority for review which states that when a change to the City's Comprehensive Guide Plan is requested, it is the City's responsibility to determine if the change is in the best long-range interest of the City. The standard of review of a City's action in approving or denying a Comprehensive Guide Plan Amendment is whether there exists a rationale basis. He said a rationale basis standard has been described to mean having legally sufficient reasons, supportable by the facts which promote the general health, safety and welfare of the City. Councilmember Hunter asked if the property on the northwest corner of Highway 3 and Diffley was considered for commercial use since it is properly zoned for a neighborhood business. He suggested filling • in the gaps where the proper zoning and land use designation exists. Mr. Larson said that he feels that this site is not conducive to single family homes because of Cliff Road and Dodd Road and also because of the power station along the back corner of the property. Councilmember Hunter noted that a few years ago he would have agreed with Mr. Larson, but he added that now people are building $300,000 plus homes right along the freeway and also all along the high line corridor underneath high power lines. Mr. Larson stated he believes the reason people build in those locations is because the land is relatively inexpensive and it is the only land available. Councilmembers disagreed that the land is inexpensive, but rather is a case of supply and demand. Mayor Egan mentioned that single family homes surround this site and there is no justification to change the Comprehensive Plan designation. He added that the Council cannot guarantee that every acre of land in the City will be developable in the next six months. Councilmember Awada moved, Councilmember Hunter seconded a motion to deny an amendment to the City's Comprehensive Guide Plan from D-1,Single-Family Residential,to NB, Neighborhood Business for 2.42 acres at the southwest corner of Cliff Road and Dodd Road. City Administrator Hedges stated that the City Attorney recommended the preparation of findings for denial. John McGreavy, 660 McFaddens Trail, addressed the Council and said he had hoped that this corner would be developed with a neighborhood business. He added that this property is not suited for residential development because of an unsightly building across from the site, a power substation adjacent to the site and a slew bottom to the north. He asked that the Council reconsider their decision. S Mayor Egan noted that the Council, according to the City Code, should amend the Comprehensive Guide Plan only in the best long-range interest of the City. He indicated that long-range means after the 1 00474 • EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 16 unsightly building is removed, after the slew is cleaned up and after the land is appropriately right for residential development, which may mean several years from now. Mr. Larson said that someone has to be first in the development of this area and he wants to be first. He further said that he does not believe anyone will be willing to build single family homes on this site since it has been for sale since 1981. He added that the single family designation does not fit with this piece of land. A vote was taken on the motion. Aye: 5 Nay: 0 REZONING - D.R. HORTON, INC. City Administrator Hedges gave an overview on this item. Councilmember Awada noted that there was a request from one of the neighbors to continue this item because they were out of town and unable to attend the meeting. City Attorney Sheldon asked about the timeframe in regard to the 60 and 120-day requirement for action by the Council. Senior Planner Freese said that the Council would need to move ahead with action because of timeframe constraints. Discussion continued regarding the timeframe requirement. Don Patton, representing D.R. Horton, addressed the Council and stated that they would like the action to go forward and they saw no reason for the continuance. Mayor Egan noted that the Council would need to go forward since the applicant was not willing to grant a waiver or a continuance. City Attorney Sheldon said that the Council has the right to continue the item if there is a need for additional • information. Councilmember Awada added that the neighbors'letter raises an issue with the proposed trail. Freese further added that their issue is with the location of the trail through the park property. She said that this is unrelated to the subdivision action because that is a separate element and is already part of the parks plan. A member of the audience stated that the neighbors who submitted the letter have more concerns other than the location of the trail. Councilmember Awada suggested that the item be considered at the first meeting in January. Councilmember Hunter asked what date the application was submitted in order to determine if the Council was within the 60-day timeframe. Discussion continued regarding the original date of submission. City Attorney Sheldon stated that the Council has enough basis to ask for additional park information, but the issue Councilmember Hunter raised regarding whether there has already been an extension of the 60-day timeframe still needs to be determined. He added that the statute says that once the applicant submits their application, the City has 10 days from that date to let them know if it is incomplete and what additional information is needed. He further added that the date of the receipt of the complete application starts the 60-day timeframe. Councilmember Hunter moved, Councilmember Awada seconded a motion to continue Item G to later in the meeting to allow Senior Planner Freese the opportunity to check the files and verify the date of the receipt of the complete application. ADOPT COMPREHENSIVE GUIDE PLAN MAP City Administrator Hedges gave a brief overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a reprint of the March 1993 Comprehensive Land Use Plan Map, including the changes enumerated in the staff • report subject to Metropolitan Council review updating this map to December 1996. Aye: 5 Nay: 0 o( 475 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 17 City Administrator Hedges told the Council that the meeting at the YMCA scheduled for Tuesday, December 17 to discuss the property tax issue was canceled due to the fact that the legislative delegation was unable to be present. He said that the meeting would likely be rescheduled to a later date. He noted that he and several members of the Council attended the NLC conference in San Antonio and it was one of the best conferences that was held in recent years. He further noted that he will put together information from the conference into a report. Director of Public Works Colbert distributed a copy of the notice that was sent out by Dakota County on behalf of the joint partnership between Inver Grove Heights, Eagan, Dakota County and the Department of Transportation on the corridor study for the extension of Yankee Doodle Road to 80th Street in Inver Grove Heights. He said that the notice provides a schedule for proceeding with evaluating alternative designs. He further said they hope to hold a series of open houses/public informational neighborhood meetings throughout this process and to come to a recommended conclusion by mid-summer of 1997. City Administrator Hedges asked the Council to set a Special Council meeting for Tuesday, January 14 for the purpose of interviewing advisory commission applicants. Councilmember Awada moved, Councilmember Masin seconded a motion to set a Special City • Council meeting for January 14, 1997 at 4:30 p.m for the purpose of interviewing advisory commission applicants. Aye: 5 Nay: 0 Councilmember Masin reminded the Council that there will be a League of Governments meeting on December 18 in Burnsville. Councilmember Hunter commented on what an honor it has been working with the City Council. Mayor Egan returned the meeting back to the rezoning for D.R. Horton, Inc. for further discussion. REZONING - D.R. HORTON, INC. Senior Planner Freese stated that the original application was submitted on October 18, 1996 and required further engineering details. She further stated that the revised plans were received on October 28 which resulted in a complete application. She said that based on the 60-day requirement it would be necessary for the Council to take action tonight. City Attorney Sheldon noted that the Council could extend the 60-day requirement if there was a legitimate need for additional information. Freese indicated that the 60-day timeframe could be extended if there is need for additional information from either the applicant or staff. Mayor Egan stated that the fact that the neighbors are unable to be present is not sufficient reason to continue the item. Senior Planner Freese gave a staff report. Wayne Bugasch, 845 Trotters Ridge, addressed the Council and stated that the APRNRC had not made a recommendation regarding the location of the trail and they had been placed on the calendar for January because their calendar was full for tonight's meeting. Freese indicated that the exact location of the trail has not been determined, but having a trail in that area has always been a part of the City's parks plan. Mr. Bugasch said that Doug and Stacey Fuller made some excellent points in their letter that was • submitted. He said they met with Director of Parks and Recreation Vraa last Friday and submitted a document with 100% of the signatures of the residents in Trotters Ridge. He further said the following 00476 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 • PAGE 18 issues remain: 1) title clarity and covenants, 2) trees and 3) safety of children and the walking path. He noted that the outlots are currently part of Bridleridge 2nd Addition, commonly known as Trotters Ridge. He further noted that Trotters Ridge is a Planned Development and they believed the outlots were designated as green space and were part of their association. He stated that they have asked for the documents verifying ownership of the outlots. He mentioned that they believe there is a strong possibility that the developer did not have the right to sell the outlots as he apparently did. He said they have not produced those documents. Mayor Egan asked if the staff has the title documents. Freese indicated that staff has documents but they do not know whether the documents are subject to common ownership of the homeowners association. She further indicated that the applicant has provided staff with the required submittals that they are purchasing this land from Sienna. Councilmember Wachter stated that since these documents have not been produced yet, he felt this item could be continued. City Attorney Sheldon noted that either party can go to Dakota County and get copies of title records showing ownership of property and if someone thinks they own the property they usually get a copy of the deed from the County Recorder and present it. Mr. Bugasch stated that, as it stands today, Outlots C and D are outlots of Bridleridge 2nd Addition. Councilmember Awada added that if the Council takes action tonight to approve the request, the outlots will no longer be a part of Bridleridge 2nd Addition. Mr. Bugasch noted that they believe Sienna Corporation deeded, or should have deeded, Outlots C and D to the homeowners association and they have asked Joe Miller Homes to produce the documents which show ownership. Mayor Egan commented that this is a very unique argument. Mayor Egan asked if the covenants of the homeowners association mention the two outlots by • name. Mr. Bugasch stated that the covenants say outlots and they are requesting clarification as to which outlots. City Attorney Sheldon said that the City does not get involved with the homeowners associations' covenants, but rather that is a private transaction between the homeowners and the developers. He further said that in regard to zoning of the property and a Planned Development Agreement, it is not typical for the City to require deeding of outlots to homeowners associations. He clarified that this is a private claim between the applicant and the adjoining homeowners association about who owns the property and is not a situation that the City is involved with nor empowered to resolve. He said that the City has a legitimate interest in making sure that the people coming forward actually own the property. Mayor Egan indicated that the homeowners association may have a private cause of action, but that does not directly involve the City. Mr. Bugasch stated that they would like Joe Miller Homes to present some valid and compelling reason why Outlots C and D be zoned out of the development of which they are a part of into this new development. He asked why the development has been changed to try and include three additional homes. He noted that this request will mean the destruction of 43 trees. He requested that if the Council approves this proposal they make it conditional upon saving 24 trees and all three of the lots be custom graded. He added that he is concerned about the trail attaching directly to the high school and middle school property because it will create opportunities for youth to cause trouble. Councilmember Masin asked if the Council approves this request and they find out Outlots C and D belong to the homeowners association would the action be unenforceable. City Attorney Sheldon stated that his understanding is that when the applicant submits an application, the City makes them declare who owns the property and what their interest is and requires all parties and interests to sign the application. He further stated that the City does not independently verify the ownership records. He added that if someone else owns the property, the applicant would not be able to plat it because the County would not accept it. Mayor Egan noted that frequently there is a difference between the land developer and the fee owner of the property. He asked if the City normally requires a title examination to verify who holds the title to the property. Sheldon said that the City could require a title examination. Freese clarified that the 00477 • EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1996 PAGE 19 applicant is Don Patton and the fee owner is Sienna Corporation and has title to those outlots. Mayor Egan stated that the homeowners association at the very least has a contract with Sienna which may not actually provide the title of all of the outlots that were to be conveyed or held by the homeowners association, but may incorporate all existing outlots by reference. Councilmember Awada said she did not feel the Council could act on this request until additional information is received. Sheldon added that if this is a matter of concern to the Council, he said the onus could be put on the applicant and the homeowners association. Mayor Egan stated that the Council has not been presented with any information that proves ownership of the outlots. He further stated he would prefer that the item be continued until more information is provided. Councilmember Awada concurred. Mayor Egan commented that the covenants may or may not be recorded with the County but they are still binding on the properties. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue this item to the January 7, 1997 City Council meeting. Aye: 5 Nay: 0 Councilmember Masin requested background information on why the trail is proposed to go behind the houses instead of in front of them. Mayor Egan recognized Councilmember Hunter for his contribution to the City Council and stated that he was an invaluable resource who showed caring sensitivity to the community. He acknowledged many of his contributions while serving on the City Council. He also said that he has shown vision and decisiveness and was a joy to serve with the last four years. He presented a plaque to Councilmember Hunter in honor of his years of service to the community as a City Councilmember, an Advisory Planning Commission Member and an Advisory Parks, Recreation and Natural Resources Commission Member. Councilmember Hunter noted many of the City Council's accomplishments during the past four years. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated December 12, 1996 in the amount of$1,845,456.63. Aye: 5 Nay: 0 NOPIONVAI The meeting adjourned at 10:45 p.m. MLK December 16, 1996 , �, Date City Clerk 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. EXHIBIT A 1997 License Renewals Refuse Haulers 410 00478 Residential (including multi-family homes with individual unit service) Aagard Environmental Mike's Disposal-UWS 3291 Terminal Drive 19784 Kenrick Ave. Eagan, MN 55121 Lakeville, MN 55044 686-2371 469-2833 Action Disposal-BFI Quality Waste Control 4325 E. 66th. St. 1901 W. 144th St. Inver Grove Heights, MN 55076 Burnsville, MN 55036 455-8634 435-3454 Dick's Sanitation Service Triangle Services (Lakeville Sanitation) 1881 Lexington Ave. 21338 Dodd Blvd. Mendota Heights, MN 55118 Lakeville, MN 55044 454-1848 469-2239 Waste Management-Savage Eagan Sanitation/Roadway Rubbish 12448 Pennsylvania Ave. S. 2400 Dodd Rd. Savage, MN 55378 Mendota Heights, MN 55120 890-1100 4547152 Wildwood Sanitation Knutson Rubbish Service Box 176 15120 Chippendale Ave. Newport, MN 55055 Rosemount, MN 55068 459-7926 423-2294 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-6786 • • 00479 • Commercial (including multi-family units with dumpster service) Aagard Environmental Highland Sanitation/Recycling 3291 Terminal Dr. 1811 Century Ave. Eagan, MN 55121 Newport, MN 55055 686-2371 458-0043 Action Disposal-BFI Lightning Disposal 4325 E. 66th St. 333 14th Ave. S. Inver Grove Heights, MN 55076 So. St. Paul, MN 55075 455-8634 457-4434 All Star Disposal K.O. Sanitation/Recycling 7845 E. Boyd Court 1811 Century Ave. Inver Grove Heights, MN 55076 Newport, MN 55055 455-4941 459-0120 Aspen Waste Systems, Inc. Mendota Heights Rubbish 2523 Wabash Ave. 20700 Donnelly Ave. E. Minneapolis, MN 55144 Farmington, MN 55024 644-3488 437-6786 C&J Roll-Off Quality Waste Control P.O. Box 41 1901 W. 144th St. Belle Plain, MN 56011 Burnsville, MN 55036 873-2873 435-3454 Dick's Sanitation dba Lakeville Sanitation Randy's Sanitation 21338 Dodd Blvd. P.O. Box 169 Lakeville, MN 55044 Delano, MN 55328 469-2239 479-3335 Eagan Sanitation/Roadway Rubbish Triangle Services 2400 Dodd. Rd. 1881 Lexington Ave. Mendota Heights, MN 55120 Mendota Heights, MN 55118 454-7152 454-1848 Knutson Rubbish Service-UWS United Waste Transfer, Inc.-UWS 15120 Chippendale Ave. 95 W. Ivy Rosemount, MN 55068 St. Paul, MN 55117 423-2294 227-6394 Haul Tech Environmental - Waste Management-Savage 7675 W. Highway 13 12448 Pennsylvania Ave. S. Savage, MN 55378 Savage, MN 55378 • 890-9616 890-1100 • CITY OF EAGAN 1997 TOBACCO SALES LICENSE RENEWALS 00480 j.iC.# LOCATION #OF OVER VENDOR MACH. COUNTER 0 AMOCO OIL#2375 ACA MGMT 1 1424 YANKEE DOODLE RD. 2288 W. CTY RD C EAGAN, MN 55121 ROSEVILLE, MN 55113 452-7944 636-3350 2604 APPLEBEE'S NEIGHBORHOOD BAR/GRILL APPLE AMERICAN LTD./MN 1 1335 TOWN CENTRE DR. 4551 W. 107TH ST,#100 EAGAN, MN 55122 OVERLAND PARK, KS 66207 686-7022 913-967-4000 2605 BIG TOP LIQUORS APPLEBAUM CO., INC. 1 3900 BEAU DE RUE DRIVE 1574 UNIVERSITY AVE. EAGAN, MN 55122 ST. PAUL, MN 55104 454-7282 644-4501 2606 BIG TOP WINE&SPIRITS SIDCO, INC. 1 1282 TOWN CENTRE DRIVE 1574 UNIVERSITY AVE. EAGAN, MN 55123 ST. PAUL, MN 55104 681-1916 644-4501 2607 BLACKHAWK LIQUORS, INC. ASMITA C PATEL 4130 BLACKHAWK RD. #100 4130 BLACKHAWK RD. EAGAN, MN 55122 EAGAN, MN 55122 686-4612 BROOKS SUPERETTE#43 RETAIL FOODS OF MINNESOTA 1 3390 COACHMAN RD#202 1511 EXCELSIOR AVE. E. #102 EAGAN, MN 55122 HOPKINS, MN 55343-2052 688-2001 935-2060 2657 BYERLY'S BYERLY'S 1 1299 PROMENADE PLACE 1299 PROMENADE PLACE EAGAN, MN 55121 EAGAN, MN 55121 2609 CASPER'S CHEROKEE SIRLOIN ROOM HAROLD F. AWE 1 4625 NICOLS RD. 476 S. SNELLING AVE#2 EAGAN, MN 55122 ST. PAUL, MN 55105 454-6744 698-5591 2610 CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 4600 SLATER RD. 4600 SLATER RD. EAGAN, MN 55122 EAGAN, MN 55122 894-5330 2611 CEDARVALE TEXACO FOOD MART WAEL ANSARI • 1 3830 SIBLEY MEMORIAL HWY. 3830 SIBLEY MEMORIAL HWY. EAGAN, MN 55122 EAGAN, MN 55122 681-1488 26 CEDARVALE LANES D.V.M., INC. 1 3883 BEAU DE RUE DR. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 452-7520 645-1111 1,1 C.# 3.00ATION VENDOR MACH. COUNTER 2659 CELLARS WINE &SPIRITS CELLARS WINE&SPIRITS 1 2113 CLIFF ROAD 2113 CLIFF ROAD 00481 EAGAN, MN 55122 EAGAN, MN 55122 03 CUB FOODS SUPER VALU STORES, INC. 1 1940 CLIFF LAKE RD. 11840 VALLEY VIEW RD. EAGAN, MN 55122 EDEN PRAIRIE, MN 55344 454-4606 2614 DIAMOND T RANCH JERRY THOMAS #4� OVER 4889 PILOT KNOB RD. 4889 PILOT KNOB RD. EAGAN, MN 55122 EAGAN, MN 55122 454-1464 2615 DUCKWOOD 66 PHILLIPS 66 CO. 1 3575 PILOT KNOB RD. P.O. BOX 199 EAGAN, MN 55122 BARTLESVILLE, OK 74004 452-4836 2616 EAGAN E-Z STOP CROWN COCO INC. 1 4195 NICOLS RD. 319 ULYSSES ST. NE EAGAN, MN 55122 MINNEAPOLIS, MN 55413 452-9309 331-9744 2617 EAGAN AMOCO SO. FRANCE LTD, INC. 1 4205 NICOLS RD. 3901 W. 70TH ST. EAGAN, MN 55122 EDINA, MN 55435 452-8061 FINA SERVE#590 TWIN CITIES STORES, INC. 1 1118 4250 LEXINGTON AVE. EAGAN 55123 ATTN: PATRICIA JENSEN 2619 #576-3150 DODD RD. EAGAN 55121 2020 SILVER BELL RD#23 1 2620 #594- 1286 LONE OAK RD. EAGAN 55121 EAGAN, MN 55122 1 452-9161 2658 GREEN MILL RESTAURANT GREEN MILL RESTAURANT 1 1940 RAHNCLIFF CT. 1940 RAHNCLIFF CT. EAGAN, MN 55123 EAGAN, MN 55123 2621 GREAT NORTHERN SPIRITS PERRIER&ASSOC. INC. 1 1960 CLIFF LAKE RD.#101 1960 CLIFF LAKE RD.#101 EAGAN, MN 55122 EAGAN, MN 55122 452-7747 HOLIDAY STATIONSTORE#232 HOLIDAY COMPANIES 1 2622 4594 NICOLS RD. 452-0267 EAGAN 55122 4567 W. 80TH ST. 2623 #247-3615 PILOT KNOB RD. EAGAN 55122 MINNEAPOLIS, MN 55437 1 683-9936 2656 #68- 1065 DIFFLEY RD. EAGAN 55123 1 2624 J. DOOLITTLES AMERICAN AMUSEMENT ARCADES 1 2140 CLIFF RD. 850 DECATUR AVE NO. EAGAN, MN 55122 GOLDEN VALLEY, MN 55427 452-6627 544-5200 KENNY'S LIQUOR MME, INC. 1 1444 YANKEE DOODLE RD. 6117 OAKWOOD RD. EAGAN, MN 55121 WOODBURY, MN 55125 LIC.# 'LOCATION VENDOR MACH. COUNTER 2625 LAFONDA'S D.V.M. INC. 2 3665 SIBLEY MEM. HWY 296 N. PASCAL EAGAN, MN 55122 ST PAUL, MN 55104 00482 452-0334 645-1111 96 LANXANG ORIENTAL GROCERY THANOM KEOHAVONG 1 3904 BEAU D'RUE DR. 1325-79TH AVE N. EAGAN, MN 55122 BROOKLYN PARK, MN 55444 454-0390 #OF OVER 2627 LIQUOR SHOPPE MARINA GORINA 1 4250 LEXINGTON AVE. S. 1536 HEWITT AVE. EAGAN, MN 55123 ST PAUL, MN 55104 452-7263 2628 LOST SPUR COUNTRY CLUB HAROLD F.AWE CO., INC. 2 2750 SIBLEY MEMORIAL HWY. 476 S. SNELLING AVE#2 EAGAN, MN 55121 ST. PAUL, MN 55105 454-2330 698-5591 2629 McG'S WILLIAM McGUIRE 1 1969 SILVER BELL RD. 1969 SILVER BELL RD. EAGAN, MN 55122 EAGAN, MN 55122 452-6413 2630 MGM LIQUOR WAREHOUSE/SPIRITS JOHN W. TESLAW 1 4182 PILOT KNOB RD. MGM LIQUOR WAREHOUSE EAGAN, MN 55123 4182 PILOT KNOB RD. 454-3346 EAGAN, MN 55123 PDQ#214 PDQ FOOD STORES OF MN, INC. 1 4198 PILOT KNOB RD. 5270 W 84TH ST#260 EAGAN, MN 55123 BLOOMINGTON, MN 55437 452-5846 835-0300 2632 RAINBOW FOODS FLEMING COMPANIES, INC. 1 1276 TOWN CENTRE DR. 1515 EXCELSIOR AVE. EAST EAGAN, MN 55123 HOPKINS, MN 55343 452-9506 2655 SILVER BELL LIQUOR ELEANOR BLOMME 1 1 1983 SILVER BELL RD. 5822 W. OLD SHAKOPEE RD. EAGAN, MN 55122 BLOOMINGTON, MN 55437 2633 RUDY'S SINCLAIR DAVID M. GRAHAM 1 3946 NICOLS RD. RUDY'S SINCLAIR EAGAN, MN 55122 3946 NICOLS RD SNYDER DRUG STORE#32 SNYDER DRUG STORES, INC. 1 2634 3914 SIBLEY MEMORIAL HWY.454-5600 14525 HWY.#7 EAGAN, MN 55122 MINNETONKA, MN 55345 2635 #61 - 1565 CLIFF RD.452-9541 1 EAGAN, MN 55122 266 STARKS SALOON GARY STARKS 1 3125 DODD RD. 3125 DODD RD. EAGAN, MN 55121 EAGAN, MN 55121 454-8251 LIC:# 'LOCATION VENDOR MACH. COUNTER SUPERAMERICA#4049 SUPERAMERICA GROUP, INC. 1 2637 4200 E. HWY. 13 EAGAN, MN 55122 BIRCH BRU INC., DEB JOHNSON 0" 2638 #4182- 1406 YANKEE DOODLE RD. 452-9853 1240 W. 98TH ST. `�� EAGAN, MN 55121 BLOOMINGTON, MN 55431 #4335- 1379 TOWN CENTRE DR. 688-2870 1 EAGAN, MN 55123 2640 #4464-2250 CLIFF RD. 882-9908 1 EAGAN, MN 55122 OVER 2641 TARGET TARGET STORES 1 2000 CLIFF LAKE RD. ATTENTION: FINANCIAL REPORTING,CC-24H EAGAN, MN 55122 33 SO. SIXTH ST. 688-8706 P. 0. BOX 1392 MINNEAPOLIS, MN 55440-1392 2642 TEXACO SUPERSTORE YOCUM OIL CO. 1 1579 CLIFF RD. 2719 STILLWATER RD. EAGAN, MN 55122 ST. PAUL, MN 55119 687-9520 739-9141 2643 TOBAK SHACK LARRY SCHONHER 1 3950 SIBLEY MEMORIAL HWY. 1762 TURQUOISE TR. EAGAN, MN 55122 EAGAN, MN 55122 454-2684 TOM THUMB#166 452-4874 TOM THUMB FOOD MARKETS, INC. 1 2644 1446 YANKEE DOODLE RD. 110 E. 17TH ST. EAGAN, MN 55121 HASTINGS, MN 55033 2645 #259-2125 CLIFF RD. 454-4868 1 EAGAN, MN 55122 #273- 1815 DIFFLEY RD. 688-2177 1 EAGAN, MN 55122 TOTAL AVANT! PETROLEUM 1 2647 4206 NICOLS RD. 454-3234 8148 PILLSBURY AVE S EAGAN, MN 55122 MINNEAPOLIS, MN 55420 2648 2000 RAHNCLIFF CT. 452-1632 1 EAGAN, MN 55122 2649 VALLEY LOUNGE D.V.M., INC. 1 3385 SIBLEY MEMORIAL HWY. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 454-2760 645-1111 2650 WAL-MART#1786 WAL-MART STORES INC. 1 1360 TOWN CENTRE DR. DEPT. 8013 EAGAN, MN 55121 BENTONVILLE,AR 72716-8013 686-7428 WALGREENS WALGREEN CO. 1 2651 1278 TOWN CENTRE DR. 452-2839 300 WILMOT RD. EAGAN, MN 55123 DEERFIELD, IL 60015 2652 2010 CLIFF RD. 686-6695 ATTN: TAX DEPT. 1 EAGAN, MN 55122 S CITY OF EAGAN 1997 RENEWALS 00484 LICENSED TREE CONTRACTORS 1 . Shorewood Tree Service 001 26640 Smithtown Rd. Excelsior, MN 55331 612-474-6651 2 . S & S Tree Specialists 002 6214 Concord Blvd. E. Inver Grove Hts. , MN 55076 612-451-8907 3 . Davey Tree Expert Company 003 1500 N. Mantua St . Box 5193 Kent, OH 44240 (216) 673-9511 4 . The Tree-Stump Co. 004 Robert Hutcheson 13677 Dan Patch Dr. Savage, MN 55378 447-6187 5 . Roggenbuck Tree Service 007 3967 Westbury Way Eagan, MN 55123 454-9570 6 . Huston' s Tree Service 008 13404 Oakland Drive Burnsville, MN 55337 953-4859 7. Sherwood Tree Service 009 12195 Upper 167th St. Lakeville, MN 55044 898-1988 8 . Ciardelli Tree & Landscaping 010 1200 Duckwood Tr. Eagan, MN 55123 456-9734 9 . Outdoor Specialties Inc. 006 560 Lone Oak Rd. Eagan, MN 55121 454-4500 10 . Cardinal Tree Service 011 20988 Iteri Ave. W. 00485 Lakeville, MN 55044 • S