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03/03/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 3, 1987 A regular meeting of the Eagan City Council was held on Tuesday, March 3, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Assistant Public Works Director Mike Foertsch, City Planner Dale Runkle, Consulting Engineer Mark Hanson, and City Attorney Paul Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as presented. All voted yes. MINUTES The minutes of the regular meeting of the Eagan City Council of February 17, 1987 as presented were, upon motion by Ellison, seconded Wachter, approved. All voted aye. NATIONAL GIRL SCOUT WEEK A group of girl scouts from the City of Eagan were present at the Council meeting and read a proclamation declaring the week of March 7 through 14, 1987 as Girl Scout Week in Eagan. The Mayor acknowledged the request and signed the Proclamation as requested. POLICE DEPARTMENT Police Chief Jay Berthe was present. 1. Squad Car No. 4. It was recommended that the Council approve the sale of squad car No. 4 to Suburban Auto, the high bidder, for the amount of $1,285.00. Upon motion by Smith, seconded Wachter, it was resolved that the recommendation be approved. All voted yes. 2. Galaxie Avenue & Berkshire Drive - Traffic Survey. A request had been made at the February 3, 1987 meeting from John Ulness of West Wind Trail that the police department survey the traffic speeds on Galaxie Avenue. Chief Berthe stated that the police department has conducted a survey and noted that the speeds were in excess of the limit and that the police department will continue to monitor the area for traffic speed purposes. 1 Council Minutes March 3, 1987 3. Parking Ordinance/Large Vehicles - Section 10.52.B. City Administrator Tom Hedges stated that questions have arisen from property owners throughout the City regarding the parking of large vehicles, including tow trucks in driveways of single family resi- dences. He noted that the reference to large vehicles was changed when the ordinance codification took place to identify only mobile homes and large recreational vehicles. Councilmembers discussed the provision and indicated that they would prefer to have the Ordinance provision reviewed. Egan moved, Wachter seconded the motion to direct the Police Department and City Attorney's office to review and propose a draft for Ordinance revision regarding the large vehicle parking requirements under Section 10.52.B. All members voted yes. PUBLIC WORKS DEPARTMENT 1. Minnesota Good Roads Membership. A request had been made by Minnesota Good Roads, Inc. for continuation of membership by the City, including payment of dues in 1987 of $105.00. After discus- sion, Egan moved, Ellison seconded the motion to approve the payment of the dues for the City for 1987. All members voted affirmatively. 2. Deerwood Drive - Project #455 - Condemnation Awards. Assis- tant Public Works Director Mike Foertsch and City Attorney Paul Hauge discussed with the City Council the recommendations from the staff regarding assessments and condemnation awards covering the Floyd Bryant and the Pat McCarthy property. After reviewing a Jan- uary 27, 1987 letter from the appraiser, Dan Dwyer, it was recom- mended that the award covering the McCarthy property in the sum of $8,700.00 be paid to the McCarthy family and that assessments be levied for the applicable improvements under Project #455. As to the Floyd Bryant property on Deerwood Drive, it was recommended that the Council approve the trade-off of the award of $10,066.00 in lieu of the assessments against the property and that the assessments be eliminated in return for waiver of payment of the award. Smith moved, Egan seconded the motion to approve the recommendation re- garding both the Bryant and McCarthy property as presented. All members voted in favor. CONSENT AGENDA The following consent agenda items were presented to the Council and recommended by the staff for approval: 1. Personnel Items. a. Part-time Police Receptionist/Clerk Typist. It was recommended that Connie Jaeger be hired as part-time police recep- tionist/clerk typist. b. Part-time Police Dispatcher. It was noted that a vacancy was created by hiring Connie Jaeger, and it was recommended that Susan Diehl be hired as part-time police dispatcher contingent upon successful completion of the City's physical and psychological examination requirements. 2 Council Minutes March 3, 1987 c. Part-time Clerk Typist/Typing Pool. A recommendation was made by the staff that Adeline Foley be hired by the City as part-time clerk typist in the typing pool in Administration, contin- gent upon physical examination fulfillment. d. Administrative Intern. It was recommended by the City that Bruce Robertson be engaged as an Administrative Intern. e. Records Clerk Dispatcher. It was proposed to reclassify the record clerk dispatcher to that of Records Technician in the Police Department. Upon motion by Egan, seconded Wachter, it was resolved that the foregoing Consent Agenda items be approved as recommended. All voted yes. E Z AIR PARK - STORM SEWER - PROJECT #486 The Mayor convened the continued public hearing regarding Pro- ject #486 consisting of E Z Air Park storm sewer system. The par- ties that were involved in the project requested a continuance and upon motion by Ellison, seconded Wachter, it was resolved that the hearing be continued until the March 17, 1987 regular meeting at 7:00 p.m. All voted affirmatively. ISD #196 - MUELLER PARK AGREEMENT City Administrator Tom Hedges introduced a proposed Agreement between Independent School District #196 and the City of Eagan re- garding the joint development of the Mueller Park site on the north side of Wescott Road. Park Director Ken Vraa was also present and explained the proposal, including the future land swap, whereby the school district would retain about 18 acres and the City 10 acres. The agreement was initially prepared by Mr. Vraa and Cal Zwiefel of ISD #196, and Mr. Vraa, together with Paul Hauge, reviewed some of the provisions of the agreement. Councilman Smith suggested that the termination clause should provide that either party could acquire only a part of the other party's interest in the event that one terminates the use of the land. Cal Zwiefel was also present. After review of the proposed Agreement, upon motion by Wachter, seconded Egan, it was resolved that the Agreement be approved, sub- ject to the changes that were recommended by the Council. All mem- bers voted in favor. MR. D'S PIZZA - ON-SALE BEER LICENSE An application was received from Robert Christensen and Peter Christensen for transfer of on-sale beer license for Mr. D's Pizza located on Beau D'Rue Drive. Peter Christensen was present and Mr. Hedges briefly explained the request. Noting there were no objec- tions, Smith moved, Ellison seconded the motion to approve the on- sale beer license as requested. All voted yes. 3 Council Minutes March 3, 1987 (N\ NORTHERN STATES POWER COMPANY - SUB-STATION - SPECIAL PERMIT Dale Runkle reviewed with the City Council a request for special permit by Northern States Power Company for an electrical sub-station in a Light Industrial district located on Lot 10, Block 2, Eagandale Center Industrial Park No. 3, south of Lone Oak Road and adjacent to the railroad right-of-way. The proposal would provide a crushed gravel base facility surrounded by an 8 foot chain link fence. Bob Burg was present on behalf of NSP and answered questions of the City Council. He noted that the facility would be adjacent to the existing NSP transmission line and would not have an adverse visual impact. There was no site to the north available, according to Mr. Burg. Don Chmiel of NSP explained the site plan and the sub-station, noting the estimated cost is $1,200,000.00 on the five acre site. Councilman Smith was concerned about berming and plantings and it was explained that there would be additional land on the south for further development. There were no objections and Egan moved, Wachter seconded the motion to approve the application, with the understanding that the location would be moved as far south as possible, subject to the following: 1. Dakota County Highway Department approval concerning access to Lone Oak Road. 2. Final approval of the landscape plan shall be made by the City Council. All members voted in favor. Councilman Smith noted the concerns about the future development of the land on the south side and also maintenance of the entire site is a strong concern of the City. HEALTH ONE - PARKING SETBACK VARIANCE - EAGAN MEDICAL CENTER A request had been presented by HealthOne Corporation for a variance in the Norwest 2nd Addition for 10 foot parking lot setback variance for the Eagan Medical Center. Dale Runkle briefly introduced the application and Lief Tollefson, architect, appeared for HealthOne. Mr. Tollefson explained that the site is somewhat restricted because of the public streets on three sides, and the requested change would have minimal impact, according to Mr. Tollefson. He stated that the applicant had requested 9 foot parking stalls, but understood that 43 spaces would be needed at 10 foot widths. He further requested that 15% of the parking spaces be compact size but that HealthOne was not specifically requesting a variance for the size of parking spaces. There being no objections, Egan moved, Smith seconded the motion to approve the variance as requested which would allow 3 additional parking spaces, with the understanding that the parking space widths would each be 10 feet. All members voted yea. 4 Council Minutes March 3, 1987 n l BBD ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT The application of BBD Investments, Inc./William Henning for preliminary plat approval and conditional use permit for convenience center with self- service gasoline pumps was brought to the City Council. Mr. Hedges opened the discussion and deferred it to Mr. Runkle for description of the application. The total site is 4.3 acres with 2.5 acres currently under consideration. John Voss' planning report was discussed and Mayor Blomquist was concerned about the pipeline easement impact. It was noted that the pipeline will be deepened according to Steven Krouse, the architect for the applicant, who described the vertical revision of the pipeline. Mayor Blomquist also had questions as to who would control the revisions in the pipeline location. Mr. Hedges stated that the City has been inspecting all pipeline changes and that more detailed inspection will be taking place. There was discussion concerning the guarantee that both service bays and the gas pumps will remain in operation and that if the service bays are not in operation, the gas pumps must also terminate. Councilman Ellison stated that there are already three service centers in the general area in existence or under development, and it may be an appropriate location to relax the restrictions. Councilman Smith noted that if the rule is relaxed, it would cause service pumps without service bays to be requested throughout the City. Egan moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. An Agreement shall be entered into between the owner and the City and shall run with the property, providing that in the event that the service bays are not in operation, that the gas pumps must then also be shut down for that period of time. 2. All standard platting conditions shall be adhered to. 3. No additional signage shall be allowed on the gas pump canopy. 4. A detailed landscape plan shall be included on a grading plan with the final plat submission. A financial guarantee will be required and not released until after one year from the date of installation. 5. This plat shall be subject to a parks dedication fee. 6. The trash area shall be incorporated into the building design. 7. The pylon sign shall be no more than 125 feet per side with the height determined by the Council. The $2.50 per square foot one time fee will be required. 8. The building fan units shall be screened. 5 Council Minutes March 3, 1987 9. The southerly access to this development shall be restricted to a right-in entrance only and enforced through proper signage in accordance with City design standards. 10. Permits shall be obtained from Dakota County and Northern Natural Gas Company for all grading contained within their jurisdictional area prior to construction or final plat approval in accordance with their requirements. 11. A revised grading, drainage and erosion control plan shall be submitted showing the limits of grading associated with Lot 1 and temporary connection to existing elevations. 12. The extensive retaining walls required shall be constructed in accordance with City design standards. 13. This development shall be responsible for any outstanding, unlevied or deferred assessments or other financial obligations associated with this development. 14. The main entrance to this site shall have a maximum width of 30 feet and radii of 20 feet. 15. That developer and owner shall enter into an agreement to guarantee that the service bays will be in operation at any time when fuel sales are made through the gas pumps. 16. The northerly side of the building will be designed and constructed in a manner architecturally consistent with the front elevation of the building. All councilmembers voted in favor. Egan then moved, Smith seconded the motion to approve the conditional use permit for a self-service gas station for Lot 1, according to all ordinance and normal city requirements. All voted yes. SEE PLAT FILE EAGAN HILLS FARMS - CONCEPTUAL PLAN STONE BRIDGE & BRIDLE RIDGE PLANNED DEVELOPMENTS Tom Hedges introduced the proposed conceptual plan for roadway alignment, utility layout and park land dedication for the Eagan Hills Farms project, south of Wescott Road and west of Dodd Road. He stated that the Planning Commission had taken no formal action concerning the conceptual plan, and was intended for Planning Commission and Council information purposes only. Dale Runkle indicated that the planned development application has been withdrawn and that an EAW for each of two subdivisions, including Stone Bridge and Bridle Ridge is now being processed. No EIS will be processed for Eagan Hills Farms at the present time. 6 Council Minutes March 3, 1987 Dave Sellergren, together with Rod Hardy and John Hankenson of Sienna Corporation,. Ron Helmer of United Mortgage, Wayne Tauer of Pioneer Engineering, and Jim Hill of James Hill Engineers, were also present. Dave Sellergren made a presentation on behalf of the developers discussing feasibility of the project and benefits to the community at large. He displayed various schematics covering the developments, including utilities, streets, park dedication proposed, etc. He noted that Park No. 1 and Park No. 2 are proposed to be dedicated with the two present developments and briefly described the overall plan introduced to the City in 1986. He also explained that the developers intend to follow through with the Council's objectives, including some executive type housing. Regarding the application for approval of the Stone Bridge Planned Development, including rezoning and preliminary plat approval, he noted that the 96.45 acre parcel would include 199 lots, that 13 acres will be dedicated consisting 18%, according to his calculation with 160 lots over 12,000 square foot minimum size. The average square footage per lot will be 15,550 square feet with 2.03 gross units per acre and 2.44 net units per acre, excluding street right-of-way only. 146 lots will exceed 13,000 square feet, 24 that are 20,000 square feet or larger. He described the larger lots being spread out with many facing parks or low land areas often consisting of the more sensitive areas. The house price range will be from $110,000.00 to $160,000.00 projected. Wayne Tauer described the intent to retain the natural terrain, and noted it is designed for neighborhoods rather than lot sizes. Larger lots would be located where they are spread out throughout the development and would be located primarily where natural amenities exist. Relating to the Bridle Ridge Planned Development application, including rezoning and preliminary plat, the 123.3 acre parcel would include 203 lots with some outlots proposed primarily along the major streets. Councilmembers were concerned about the potential for tax forfeiture of the outlots that would be owned by a homeowner's association. Mr. Sellergren stated that the lots can be eliminated and that the land be included as part of the residential lots. 51 lots in Bridle Ridge would exceed 20,000 square feet in size, the park dedication would consist of approximately 16% of the gross area with 182 of 203 lots over 12,000 square feet. 140 lots would exceed 13,000 square feet with 1.65 gross units per acre and 2.0 net units per acre excluding street only. The average lot size would be 16,890 square feet, with $28,000 to $42,000 wholesale prices per lot to builders. Housing prices would range from $110,000.00 to $225,000.00 per unit. He further mentioned that 36 lots could be executive home size. The drainage issues in the northeast corner of Stone Bridge have been resolved according to Mr. Sellergren, and there is no intent that the developer request the Council to commit to the use of Outlot A at the northeast corner. 7 Council Minutes March 3, 1987 Mayor Blomquist asked about the outlots in Bridle Ridge and had concerns about tax forfeiture and further objected to the outlots being retained in that fashion. She further noted that if the pro- posed commercial parcel is not addressed, it leaves future uncer- tainty and should be addressed at the present time. Mr. Sellergren stated that the developer would allow for street linkage to the northeast outlot and the Mayor noted a large amount of commercial land on Diffley Road existing at the present time. Statistically, 41% of 81 lots were 85 foot minimum lot width in Stone Bridge and.25% or 55 lots are under 85 foot minimum lot width in Bridle Ridge. Councilman Wachter stated that he was under the impression that a large percentage of the lots were planned for oversized lots according to the information submitted in the fall of 1986. Coun- cilman Egan indicated the plans do not meet the intent of the lots for executive size housing, and do not merit City consideration for special efforts to deviate from the minimum requirements which are intended to encourage high test housing. Councilman Ellison suggested more active park use land may be desirable and also suggested encouraging larger side yard setbacks. John Hankinson on behalf of Sienna Corporation, stated that if all lots complied with the 85 foot width minimum in Bridle Ridge, that 57 additional lots could be permitted. In Bridle Ridge, the density is 2.0 units per net acre, exclud- ing roads, with 2.58 net acres excluding parks, streets and utility easements. In Stone Bridge, the net units per acre is 2.4 excluding roads, and 3.14 excluding all dedicated areas. Rod Hardy stated that attempts have been made to work with land- scaping and that the width of the streets is proposed to be reduced. He further noted that a Petition is being submitted for the install- ation of the utilities at the present time throughout the develop- ments. Councilman Wachter requested more information about the use of the proposed park land, and Mayor Blomquist suggested a 12,000 square foot minimum must be reviewed carefully; further, that the outlots and the northeast commercial area be designed with potential for residential lots. A question also arose as to whether the Planning Commission should consider the developments again if there are substantial changes. - Councilman Smith noted it would be desirable that the planned development for the entire Eagan Hills Farms would be most desirable for a review of the entire development. Scattered large lots may be practical to begin with, but he strongly questioned the development of 10 cul-de-sacs and suggested possible connections of some of them within the developments. Screening along Wescott Road was an issue and the 50 foot widths for streets was also discussed. 8 Council Minutes March 3, 1987 Mr. Sellergren recommended the Council continue the applications until further information is submitted. Tom Hedges suggested requiring certain minimum housing sizes and he was also strongly concerned about the City staff load at the present time to process the extensive changes that are being suggested. Wachter moved, Egan seconded the motion to continue the Stone Bridge application until the next regular Council meeting, with the understanding that all information requested by the City Council described above, shall be submitted timely for staff review and comment prior to the next regular meeting. All members voted in favor. Egan then moved, Ellison seconded the motion to continue the application regarding Bridle Ridge until the next regular meeting on the same conditions as those described regarding Stone Bridge. All members voted yes. ROCKWOODS ADDITION - REZONING & PRELIMINARY PLAT An application for rezoning of 5.3 acres currently designated R-2 within Lexington South PD to R-1 Single Family, and preliminary plat creating two lots came to the Council for its review. Dale Runkle described the application and noted that the two lots have access to unimproved Lakewood Hills Drive. There is no sanitary sewer or water main available to service the proposed development, and therefore an on-site septic system and private well would be provided. Councilman Smith had concerns about future subdivision, including future road connections in the general area. Smith moved, Egan seconded the motion to continue the application until the next regular meeting to allow a review by the staff and the applicants of any possible overlay of the plat that may have been done by an earlier owner, and to determine whether it would comply with logical development in the area, and further to direct the staff to prepare a rough sketch for future development. All voted in favor. SEE PLAT FILE LEXINGTON POINTE ADDITION - REZONING & PRELIMINARY PLAT The application of Tri-Land Properties for amendment to Lexington South Planned Development, rezoning from CSC to PD R-1 and preliminary plat approval next was discussed by the councilmembers. It was suggested by the applicant that the application be delayed until March 17, 1987. Wachter moved, Egan seconded the motion to continue the applications until March 17, 1987 as requested. After further discussion, however, the motion was withdrawn. SEE PLAT FILE 9 Council Minutes March 3, 1987 DeLARIA'S DEVELOPMENT - CONDITIONAL USE PERMIT - KENTUCKY FRIED CHICKEN The application of DeLaria's Development Corporation for conditional use permit for drive-through facility and pylon sign for Kentucky Fried Chicken restaurant on Lot 2, Block 1, Mari Acres 2nd Addition on Cliff Road and Cedar Avenue, came next to the council. Dale Runkle described the application, including the site location immediately west of the proposed Holiday Service Station and east of the northbound Cedar Avenue entrance. A variance request would allow a parking request of 15 feet, rather than 20 foot requirement along the west property line. Several site plans have been reviewed and the most recent was proposed by the staff for approval. In addition, the sign application was discussed and the Planning Commission recommended a maximum of 125 square foot sign including reader board. The applicant continued to request up to 141 square feet, and representatives of the applicant were present. After discussion, Wachter moved, Egan seconded the motion to approve the application for conditional use permit for the drive-in facility, including the 5 foot variance adjacent to Cedar Avenue and subject to the following conditions: 1. A detailed grading plan shall be submitted for approval with the building permit application. 2. A detailed landscape plan shall be submitted for approval prior to the building permit release. 3. The curb alignment in the parking area shall be revised according to the staff recommendations, creating additional green space in the northeast corner of the lot. All councilmembers voted affirmatively. Egan then moved, Ellison seconded the motion to approve the application for sign permit up to 125 square foot in size, to conform with the ordinance and the Advisory Planning Commission recommendations. All voted yea. LEXINGTON POINTE ADDITION - PRELIMINARY PLAT & REZONING AND COMPREHENSIVE GUIDE PLAN AMENDMENT The application of Tri-Land Properties for amendment to the Lexington South Planned Development, rezoning of 24 acres from CSC to PD R-1, Comprehensive Guide Plan amendment, and preliminary plat approval then was brought to the Council for its consideration. Dale Runkle gave a detailed description of the proposal, covering the 25.4 acre project, with 61 single family lots proposed. The Advisory Planning Commission expressed concerns about planning of the adjoining CSC zoned area, including the sizing of utilities. 10 Council Minutes March 3, 1987 Brad Swenson and Laura Marks appeared for Tri-Land Properties, and Mr. Swenson stated that the single family area will run to the north-south power line on the west. The smallest lot sizes would be 10,500 square feet, which consist of affordable lots, noting the lack of amenities on the flat landscape. Laura Marks explained the price ranges for the proposed homes and indicated that the lot sizes conform with the development to the east. Mr. Swenson also displayed the 2nd Addition single family proposal on the west and south, noting the majority of the lots are below a 5 foot minimum frontage, generally about 10,500 square feet, including basically 70 to 80 foot frontages. In response to questions, whether the 12,000 square foot minimum and 85 foot minimum frontage would be feasible, he stated that this would cause the developer to straighten the roads and would be less feasible for the home buyers. It was further noted that storm sewer capacity could be reduced about 20% compared with commercial as opposed to residential single family residential run-off. Councilman Smith recommended a second east-west road be extended to the west for planning purposes through the commercial land to Lexington Avenue. There were concerns about the buffer to the commercial on the west and the developer indicated that buffering is being proposed along the power line. Egan moved, Wachter seconded the motion to approve the application for rezoning from CSC to PD R-1 district. All members voted yes. Egan then moved, Smith seconded the motion to approve the Comprehensive Guide Plan amendment from CSC to D-I. All voted yea. Smith then moved, Egan seconded the motion to approve the application for preliminary plat approval, subject to the following conditions: 1. A 65 foot half right-of-way shall be dedicated along Diffley Road and Lexington Avenue. An 80 foot right-of-way shall be dedicated for Daniel Drive and Lexington Pointe Parkway. All other internal streets shall have a minimum 60 foot right-of-way dedication. 2. The location of the Daniel Drive access to Diffley Road (County Road #30) shall be approved by the County Highway Department prior to final plat approval. 3. The final detailed grading, drainage and erosion control plan shall be submitted and approved by staff prior to final plat approval. 4. A ponding easement for Pond JP-28 and all related internal storm sewer facilities shall be properly sized to accommodate the runoff from this development and the maximum use of the adjacent unplatted property. 5. A 12 inch trunk water main shall be constructed within Daniel Drive to its intersection with Diffley Road and also within Lexington Pointe Parkway as the full responsibility of this development to provide service to the proposed future commercial use of the adjacent undeveloped property. 11 Council Minutes March 3, 1987 r 1y^` f F~S 6. In addition to all common lot line drainage and utility easements, appropriate utility easements must be dedicated based on final design alignment and elevations wherever located outside of public right-of-way. 7. Daniel Drive and Lexington Place Parkway shall be constructed to a 44 foot nine tone collector/commercial street standard as the full responsibility of this development and adjacent unplatted property. 8. Downstream trunk storm sewer facilities shall be ordered for installation by Council action prior to final plat approval if the school bond issue does not pass, providing for the development of the high school site to the north. 9. This development shall assume the pending assessments associated with Project 475 (Daniel Drive - Streets and Utilities) regardless of the residential use of the property. 10. Lexington Pointe Place shall be realigned to provide the intersection opposite Braddock Trail. 11. This development shall be responsible for the acquisition of all regulatory agency and county permits in the time frame required by the affected agency. 12. This development shall assume its assessment responsibilities associated with trunk area storm sewer. 13. An 8 foot bituminous trailway shall be constructed along the west side of Daniel Drive as the responsibility of this development and adjacent unplatted property. 14. All standard plat conditions shall be adhered to. 15. The side yard setback shall allow dwelling units to be a minimum of 15 feet apart. 16. The entire 82 acres west of the Highline easement shall be rezoned by amendment to the Lexington South Planned Development and a detailed development plan provided for the additional 54 acres. All voted yes except Ellison voted no. Smith moved, Egan seconded the motion to approve the application for request for amendment to the planned development, subject to the following: 1. Rezoning of the additional 58 surrounding acres to be rezoned, with the understanding that provision be made for extending one of the two southerly roads westerly toward Lexington Avenue. 12 Council Minutes March 3, 1987 2. Further, extension and review of the park request at the southeast corner of the project. 3. Adequate screening of the single family development from the commercial property to the west, which shall be installed at the time of any future commercial development. All members voted yes. TAX FORFEIT PROPERTY - CLASSIFICATION REVIEW Tom Hedges reviewed with the City Council the request from the Dakota County Auditor's office that the Council review 10 parcels of property that had been tax delinquent parcels throughout the City. The County has asked that the City classify these properties non-conservation in the event that the City does not elect to acquire the property. The Public Works Director and Director of Parks and Recreation have reviewed them and recommended that the Council not accept any of the parcels. There was discussion about the importance during the platting process of new plats, that outlots not be permitted so as to avoid tax forfeiture of parcels such as that in the Wilderness Park Addition. There was also discussion about the possibility that the staff contact property owners adjacent to certain parcels, to let them know that the property is being tax forfeited, and will be sold in the future. No action was taken regarding the suggestion. Egan moved, Wachter seconded the motion to certify all properties as non- conservation as requested by the County. All members voted in favor. SINGLE FAMILY HOUSING MORTGAGE REVENUE BONDS OF 1980 Mr. Hedges brought to the City Council a proposed final Resolution approving the restructuring of the $20,460,000 mortgage revenue housing bond issue of 1980. The Resolution would authorize the execution of the documents, and a number of other miscellaneous issues regarding the restructuring of the bond issue. The refinancing described by Mr. Hedges and John Wenker, who was present, together with Gene VanOverbeke, to provide additional funds available to the City in the restructuring process. The transaction costs have been reduced and it is now estimated that $1,055,000.00 could be delivered to the City net, for the uses designated by the City Council. In addition, Mr. Wenker stated that the TICOR reserves, due to the bankruptcy of TICOR Mortgage and Insurance Company, have now been basically resolved. Smith moved, Egan seconded the motion to approve the resolution that approves and authorizes the execution of-the First Supplemental Trust Indenture, Compliance Agreement and Financial Advisor's Contract, regarding the 1980 Mortgage Revenue Bond Issue according to the Resolution. All members voted yes. 13 Council Minutes March 3, 1987 1987 POLICE ASSOCIATION CONTRACT The City Administrator submitted to the Council the contract for 1987 with the Police Association and recommended approval covering 1987. Egan moved, Wachter seconded the motion to approve the ratification of the contract as presented. All members voted in favor. POLICE DISPATCHERS' CONTRACT Wachter moved, Ellison seconded the motion to approve the contract between the City and the Police Dispatchers as submitted by the City Administrator. All members voted aye. DEEP WELL #9 There was a brief discussion regarding the request by the City to the Minnesota Department of Health for variance for construction requirements covering Deep Well #9 in the City. No formal action was taken. CORNWELL-BIETER COMPANY - EXCAVATION PERMIT #21-194 The staff discussed the request to Ron Cornwell of the Bieter Company dated February 9, 1987 regarding lack of compliance with the grading permit requirements covering the property at the northeast corner of Diffley and I-35E. No answer had been received from Mr. Cornwell at the present time. It was suggested that the Dakota County Soil and Water Conservation Service be requested to review and make recommendations and then offer an opportunity to the owner to restore the land. Blomquist moved, Egan seconded the motion to direct the staff to contact the Dakota County Soil and Water Conservation Service to make such recommendations, and in the event that the property does not restore to the City's requirements, that the City then proceed to contract for the restoration of the property and the assessment of the affected property. All voted affirmatively. METROPOLITAN AIRPORT STUDY Councilmembers discussed the direction by the Metropolitan Council that a study take place regarding the potential for a second metropolitan airport. The Eagan Councilmembers were opposed to the study and directed the staff to write the Metropolitan Council representative for the area, expressing dissatisfaction with the decision to proceed with such a decision. O'NEIL VS. CITY OF EAGAN There was a brief discussion by the City Attorney, City Administrator and the City Councilmembers regarding the current status of the O'Neil action, noting that Councilman Egan's deposition was taken on March 3, 1987. Further depositions were scheduled during the week of March 9, 1987. 14 Council Minutes March 3, 1987 CHECKLIST Upon motion made by Wachter, seconded Egan, it was resolved that the following checklist dated March 3, 1987 in the amount of $743,905.60 be approved. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:15 a.m. All voted affirmatively. PHH Cit erk 15